Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-18
MINORITY REPORT
Democrats Dissent From Their Colleagues
on TIE Dupont Case
They Claim &Aat Gov. Watson Wa.
~
EntitIfd to His Vote as
I senator.

Senator Turgte 'Arom the committee on
privileges andffelettions, today presented
the report of 'sheN MINORITY of that COM
mittee. composed " all four of the demo-
cratic members oftthe committee. on the
petition of Henry A. Dupont to be given a
seat in the Senate by virtue of the vote
cast for him by the Delaware legislature
on May 8, 1895. This report takes the po-
sition that Mr.. Dupont was not elected by
that vote. 1t is set forth that the records
show that on the last ballot thirty votes
were cast, and that Of these Dupont re-
ceived only nfteen, CT less than majority.
The vote Of Gov. Watson, who had been
elected ss Senator, and had become gov
ernor upon the death OF Hon. Joshua T.
Marvil. was counted in this record.
1t Is not conceived the report says,
how fifteen can be majority OF thirty.
That majority of the members or The
legislature Is necessary to cholce When
all are present and voting we think Is
1865 but from the language of the con-
stitution itself upon this subject, prescrib-
ing that two senators from each state
shall be chosen by the legislature. Such
choice is made by preference. and is only
indicated by number of votes greater
than that cast for all or any others voted
for "
Gov. Watson'x Right to Vote.
Referring to the vote of Mr. Watson, the
minority contend that he was still a men,
Der of the senate, Notwithstanding he was
acting governor, and claim that having
been allowed to qualify as senator he could
only be deprived of his privilege to act as
such through death, resignation or the
senate declaring his seat vacant, neither Of
which occurred. The opinion is also eX-
pressed that it was perfectly compatible
Tor Mr. Watson to exercise the dual Of
los nj tor
We think it clear" the report says,
from the language of the constitution OF
the state of Delaware that two functions
are expressly made compatible and COM
petent by the terms of that instrument
The Legal Status Explained.
The question is, they say, not what may
be incompatible at common law, but what
Is the statute in any given case. as many
Of the states have statutes which are con-
travention Of the common law. The state
constitution is quoted to show that it does
not provide that the speaker of the senate
on the death Of the governor. shall either
be- or become governor, but that he shall
only exercise the office of governor" il
does not provide for vacar1cy either ss
senator or as speaker of the senate Fur
thermore, it is claimed that the require
ment of the constitution for the election OF
speaker pro TEN. in the case of the speak.
er being called upon to ill the duties OF
SoNcl MI pIOOl lldl no permanent va
cancy is contemplated. Three instances in
the history of Delaware are cited to show
that has been the practice of men who
have filled the office of governor by virtue
OF being speaker IF the senate. had re-
turned to exercise their duties as senator
The Functions of the Senate. q.
The minority report also takes issue with
the majority in regard to the function OF
the Delaware senate in passing upon the
r,r,a jfiooti low, -
We think 1t says. that the senate OF
the state of Delaware, whereof he was a
member. io the sole tribunal which could
either hear or determine, lawfully, the OBJ
1ections to the qualifica tons of Senator
Watson. 1t would be just as reasonable and
lawful that the state senate of Delaware
should adJudge and decide contested cast
not IN this body from that state, as that We
should decide here contested seat in the
senate there.