Delaware gazette and state journal., 1896-02-20
.DU POINT ELECTION CASE
Report Of the Majority Presented to
the Senate Monday.
DECLARES Mr.. DU POINT ELECTED
The Rights of Mr.. Watson as
Senator and Speaker.
HIS VOTE PROCLAIMED A NULLlTY


Mr.. du Pont Received a Majority of The
Votes Legally Cast.
Washington, ID O., Feb. 17.--Senator
Mitchell OF Oregon, chairman Of the
com mittee of privileges and elections,
to-day, presented in the Senate the
views of the majority Of that com
L.ittee favoring the seating Of Mr..
du Pont as Senator from Delaware.
They cover more than 80 pages of print.
The report begins with an account Of
the proceedings of the Delaware Legis.
lature on the 9th of last May, when, 1t
is claimed, that Mr.. du Pont was
elected, 1t shows that in joint as
sembly the Legislature of that State
numbers 30 members 16 of whom con
etitute a majority, and that at the
time of the alleged election, Hon.
William t. Watson, who had been
elected member Of the State Senate
and also Speaker of the Senate, was
acting as Governor OF the State,
leaving, if he was not entitled to sit
as a Senator, 20 legislators to consti-
tute the Joint assembly and making 10
majority. 1t is also shown that Mr.
du Pont received 10 votes.
The committee concludes that the
whole question of the right of Mr..
du Pont to seat in the Senate, as
claimed, turns upon the single ques.
tion: "Had Mr.. Watson, then holding
and exercising the office of Governor
of the State of Delaware, right under
the Constitution of State and the laws
of the land to exercise the office of
State Senator, and as such to sit in
tho joint assembly on May 9th, 1895,
TO be counted therein in making up
the number constituting such Joint
assembly and to vote therein for
United States Senator?'
The committee say that Mr. Watson
did not have this right. and lay down
the following propositions as the basis
for their conclusions
lit is a well-settlod rule of tho
common law that the same person shall
not exercise simultaneously two incom-
patible offices; and further, the accept
ance OF one is ipso facto resignation
'of tho other.
BINDER the American system ex.
ecutiye and Legislative offices are in.
compatible, and the same person can
not exercise both simultaneously in the
absence of either express or clearly
implied statutory or constitutional
authority; and the acceptance of The
second is ipso facto a resignation of
the first.
3--There is no express or implied
authority in the Constitution of the
State of Delaware for the simultaneous
exercise by tho same person of the
offices of Governor and Senator; on the
contrary, such constitutionality OK.
pressly interdicts such exercise of
those tgo Offices.
4-W2ether or not the offices of State
Senator and Speaker Of the Senate be-
came absolutely vacant when Speaker
Watson took the oath of office and was
inaugurated Governor of the State, and
entered upon the exercises of that Office
there can be no doubt, on fair CON
struction of the several constitutional
provisions of the State of Delaware,
that his right to exercise the Office of
Senator or Speaker of the Senate, or
any of the functions connected there
with while he continued to hold and
exercise the office of Governor, was abb
solutely suspended.
5-The theory that Mr. Watson can
exercise the office of Cove rnor of tho
State and State Senator simultaneously
involves innumerable constitutional
irepugnances, perpexing difficulties
and endless absurdities; while the op-
'posite theory reconcles and harmonizes
all the provisions of the Delaware Con-
tetitution relating to the subject under
consideration.
6-ThaJ Governor Watson's exercise
of the Office of Senator in the joint
assembly on the 9th day of May, 1895,
and of the office of the precedent of
vote therein for United States Senator
nullity
Tho committee therefor enunciates
the declaration that: "On May 9th,
1895, the date on which Mr.. du Pont
claims to have been elected, the Leg
islature of the State of Delaware con-
sisted of but 90 menIbers there were
in the joint assembly on that date but
20 members Of such Legislature entitled
to seats in such joint assembly and en-
titled to be counted and vote therein
AS Mr.. du Pont received II votes, being
a majority of the whole number en-
titled to be cast in such joint assem-
bly,, and majority of all the legal votes
cast therein he was legally elected Sen
ator from the State Of Delaware for
the full term commencing March 4th,
1895, and is entitled to be seated. -
The committee also takes the posi-
tion that: "The fact that such election
is not certified by the Governor of the
State in pursuance of the statute on
electon in any respect .
Touching upon the right of the Della
ware Senate to pass upon the qualifica'
tions of its own members the report
comedies that this right belongs exclu
sively to that body, but it is contended
that this privilege does not vest in the
State Senate "any such exclusive right,
as would conclude the Senate of the
United States, to determine by con.
struction whether the Constitution OF
the State of Delaware does or does moi
recognize a certain seat in the Senate
as subject to occupation; nor does il
include the power to admit members
10 seats not recognized by the consti-
tuition of the State as subject to oceu-
patton, or If subject to occupation, tt
fill them in manner or by a person
which the State Constitution forbids.
Applying this rule the committee, al
q matter of fact, finds that the Della
ware State Senate never judge of thu
qualifications of Gov. Watson to a sea
in the Senate, either on the 9th day oi
May, 1898, or at any other time subse
auent to the date of his Inauguration
as Governor.
Mr.. Mitchell announced that b,
would call up the report for action a
the earliest day possible
Washington, Feb. Is. The claim o
Col. Henry A. du Pont TO seat as
Senator from Delaware is now befort
the Senate for final action, and vii
be brought up for consideration at al
early date. The submission of tho re
ports relieves the committee on privi