New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-18
DUPONT LEGALLY ELECTED
MAJORITY REPORT OF THE SENATE COM
MITTEE ON THE DELAWARE CONTEST.
IT DECLARES THAT GOVERNOR WATSON WAS
NOT ENTITLED TO VOTE. AND THAT COLONEL
DUPONT SHOULD EE SEATED A


MINORITY REPORT TODAY.
Washington. Feb 17.-Mr. Mitchell OF Oregon.
chairman of the Senate Committee on Privileges and
E-ioc.ions presented to the Senate to-day, ques
tion Of highest privilege. the majority report OF that
committee on the claim OF Henry ~ Dupont t'e-
publican) to be admitted as senator from '"e
State of Delaware for the term beginning on March
4 1895. in succession to Mr.. Higgins. The deadlock
IN the Delaware Legislature and the peculiar Facts
IN connection with Mr.. Dupont secc''oH 'e''o' INC
case one of especial interest
Senator Mitchells report states that at the meet
ing OF the Joint Assembly OF the Legislature OF Del
aware on May Q. 1885, which Assembly II IS con-
ceded was in all respects regularly caIIed ana hei
in pursuance OF law. the final vote was TAKEN ana
the vote given in the cOnl'nhlteeH i'P''' ""'
announced as follows:
H. A. Dupont. Is: Edward Ridgely 10; EDWARD M
dicks 4 and Edward w. Tunnel !.
oI, &c conceded bv Mr. Dupont" says tie report
"and by your committee. that II this contention ~
tr1e-that is If each of the thirty persons 50 pres
ont in such ioint Assembly. and each OF whom cast
a vote for Senator. was duly qualified member OF
tho LEGISLATURE of the state OF Delaware. ana I'M
dor ro disability such as would deprive him OF his
righ, to a seat In such Assembly and 10 cast vote
for Senator-then MI Dupont was not elected SEN
ator and Is not entitled to a seat In the senate
..It Is admitted upon the part of Mr. Dupont ana
such Is the fact that of the thirty persons % pres
ont and claiming right to vote as aforesaid, twen-
tv-nine of them were qualified II u CONTENDER
however that one OF the thirty. namely ""i""i -
Watson claiming to be a Senator from the Co""''
OF Kent and claiming TO be Speaker OF the SENATE
and claiming the right such Senator 10 De pres
emf and participate in the proceedings az such JOINT
o,,,,. and % "a q, his vote for Senator. was not
on..led under the Constitution Of the state OF DEL
aware ard the laws OF the land to be present ~
such Joint Assembly. had no right TO be coui''et
therein In making w the number present ana h'u
no right 10 cast HIS vote in such Assembly LOT any
person for Senator
.Jf this contention upon the part or MI Dupont =
corrac, then II T. conceded. provided the right 20
,,cu,re into Watson's qualifications to vote In such
Assembly now exists. that, inasmuch as III 'n''
event there were but twenty-nine members or the
LEGISLATURE Of the state OF Delaware present en-
,,lol IN vote and as II IS conceded that Mr. Dupont
received the votes OF fifteen OF such members no
one of which was that Of Mr.. Watson, thus receiV-
ing a clear majority OF ali the votes cast or entl'"h
n he cast he was duly elected Senator, ana Is On
titled 70 his seat The whole question involved t"'"
IN this case is TO the right OF Na'7o" u nc
preson; IN such joint Assembly ana - be cou''',H
therein in making mp the number present 10 ~ !"
reouirc the votes OF sixteen members TO make a"
election
"The erounl upon which II j. claimed upon 'h'
mar, Of Mr. Dupont that Mr. Watson was Ineligible
to a seat in such joint Assembly ana sn0"' NV
have been counted therein In making up IN h'l""'
constituting the same IS based on the a' tha'' AZ
though he had been duly elected Senator from '"r
Corrtv n, Lent ana from the commencement ~
the session In January 1896 until April OF that
year had hold and occupied seat IN the sen" -
and had been elected Speaker Thereof ana served
In that capacity. le had. on the ninth day Of Ap''
1885, the Governor Of the state Of Delaware Josa
II Mary!l having aicI thc day previous succee iel
10 the Governorshp OF the StaIe III virtue 81 " p'.
vision Of the ConstniiSn OIL iha( ~ t'oy,ing ha
continued to exercise the functions an duties o.
Executive Of the state ana has ',I .r,r any ~ "a
state and that thcreaore on MT Gay N1; erS nor
he then holding The Once OF ar inashe 70 sea,
in said FONT Assembly. and had no night "hAtev,t.
So and ~ the laws OF the land. T. he present.
ether t. participate by his vote or otherwise or to
Your commit,cc hold that this contention on the
part OF Mr.. Dupont IS well founi' ,. ali.
voted at occasional periods, but The vital qg's,i ~
the committee says. turne l'pon ne M, %. as.
a vote In the joint Assembly u May . i's1 me
committee ia clearly o; opinion thtt ne hai nj, ~,
propision7 Inv ,,s beiI Ly Mr Watson ns soma
soiufaly ysran; on his becoming Governor. an hod
# clear that while holding ana es,rri.'os 81. ,
lions either Of ihe offices o: Senator " Speaker Z
he senate was absolutely SUSPENDED
Much high legal AMI iuiic,l authority !. quote m
suuunr, o! this view. consisting To- part ~ ia ir',
decisions. works on constitutional an'hor.ucs az !
I,onieI webster in tire United states Scnai" xiv ng
ana lust divisions of political power all ~ NH h
lead the majority Of the committee &. tn conc d.
scmhly on MAY 2. is6. was nu;y, Tint on'y
twenty-nine members Of the legislature We're ih.i
Gfte~n votes a majority 81 the whole number N
titled 70 b. cast he was iesaiy 's S -, S,"
ginning on Mirch t. 1896 and IS entitled 70 b. seated
The Views OF the minority Of thc commi',ee adj
| row by Senator Graz, from the STAT In contest