Delaware gazette and state journal., 1896-04-23

Senator became fatigued from his long
argument, but this did not prevent him
from concluding his earnest and logical
protest against tho passage of the reso,,
luton. His argument was clear and
forcible, and left little room for doubt
in the minds of unpre JUDGED listeners.
lie dealt with the questions which are
involved in the case, and avoided ir-
relevant, hypothetical eases. He sus-.
tanned his contentious by quoting high
authorities, and challenged contradic-
tion. lie pressed Mr.. Mitchell for re-
plies TO many of his assertions, hut the
Senator from Oregon maintained u
strict silence when he saw tho result
of an admission. He was confronted
with AN alternate, to answer and appear
ridiculous or remain silent, and in
most cases he choose the latter. Sena-
tor Sherman was an attentive listener.
A the conclusion of Mr.. Gray's speech
Senators Mitchell, Chandler and others
crowded around and congratulated min.
Mr.. Gray said that great stress had
been put upon the word further" in
section IA, whore it refers to "a further
vacancy, by Mr.. Burrows and Mr..
Mitchell in their speeches in favor of
the claimant. The phrase reads, "or
upon further vacancy happening in
the office, by his death, " &c. Mr..
Burrows coDtended that this phrase
applied to further vacancy in the
office OF Governor. Mr. Gray disputed
his contention, asserting that the use
of the prououn Ibis" clearly indicates
that tho Speaker of the Senate was re-
ferred to. He said that if they should
strike out the pIonoun and insert the
name ul the person referred to-, as is
always permissible, the sentence would
read as follows: "lf there ho no
| Speaker of the Senate, or upon u
further vacancy happening in the Office,
by the Speaker OF the Senate's death,
removal, resignation, &c. The Sena-
tor maintained that this Interpretation
was sustained by the language used in
the last clause of the same section, in
which the Speaker Of the Senate is
| distinctly mentioned as the person who
may have been exercising the Office OF
Governor. He asked il the United
/ States Senate was TO disregard this
last clause altogether.
Tho Senator said that the supporters
of Mr.. du Points claim had virtually
abandoned their contention that the
senatorial Office became absolutely
| vacant. This they were forced 10 do
by reason Of the precedents and un
answerable arguments Of Senators
| Turpie and George. The Senator re-
peated that the trainers Of the Consti.
tuition had no intention of making a
vacancy in the senatorial Office, when
they provided that the Speaker of The
Senate should exercise tho office Of
Governor He cited three separate
sections, where provisions were made
to prevent any vacancy in any county's
representation. He said that the
whole scheme of the Constitution was
to prevent vacancy. lie cited in
stances whore vacancies had occurred
in the Senate, during the time the
| Speaker was acting Governor, and
| that writs of election were issued but
at no time had il ever been suggested
that tho Speakers Office was vacated.
The United States Senate could moi
resist this Interpretation, made at in.
tervals Of time by ditferent men, all ol
whom were familiar with the Consti
tutiOnal laws of the State.
Mr.. Gray said the chairman of the
committee on privileges and elections
had attempted the very dangerous act
of riding two horses at once, and haC
fallen between them. Mr. Mitchell had
attempted to straddle the main question
by arguing that the Office as either sus
pended or vacated, che did not care
which," The majority had practically
abandoned the theory Of suspension,
bat Mr.. Gray said he intended to MAKE
it impossible for them to return to il
whom their other contention was broker
down. The Senator said that the ma.
| iority asserted that thero was an in.
compatibility under the public law
| whlch worked vacancy, when logis.
| lative and IN executive Office wore com,
bined. He asserted that thcro had never
been an instance whore a similar
emergency existed that vacancy has
been oraGred. There wore cases where
there had been direct adjudication oI
the very questions involved in the
! present case, and cited case which
occurred in the state of North Caroline
in loJl. The particulars of that cast
| wero the same as in the Delaware case.
| There had been vacancy in the guber
material oiiiee; tao Speaker of tho Son
ate undertook To exercise tho power.
Of Governor; a resolution was intro
duced ~ the State Senate declaring the
speaker's office vacant. Tho question
was debated, and Mr.. Gray had thu
speech Of MIR. Winslow, tho Speaker
which he said was gs clear and cancis,
Ii statement as could have possibly bael
made, a the end ui the debate i
was dcaidcd that the acting C;uyprno
continued " he Speaker and continued
to be senator. Mr.. Gray also cited til,
case ot William +. johnson of Penusyl
yaniG, showing that tho same construc
ton had been put on tho Pennsylvani
Constitution, the provisions Of whirl
We're, word for word, the same aa tn
Delaware Constitution. Tho Senate
called attention TO the fact that tn
Pennsylvania Constitution had bee
; revised and that il was spcciiicall
stated that tho Speaker Of the Scnat
should vacato his Office, and tha
provision was mada to, ill the yucauc
thereby made.
> Mr. Gray said that the chairman c
; the committee had been forced 10 III
! vent another phrase, which was "sue
pension of function. - lie said tina
There was no such phrase in tho Cor
l btltutlon. ilo asked wneie there ha
been an adjudication Of suspension
Mr.. Mitchell he said, stated ID his Il
) gnmont that he could point out numo
4 Gus cases; hut lie had not done SO. aEt
2 ho continued, - venture tu say that h
cannot point 10 a single instance unlci
by special provision in the Constitl
tion. The Senator characterized Til
=. as another violence done 10 the Const
! tuition OF Delaware in order TO seat IL
, claimant, and he asserted that it WI
q not justified to seat oven 80 good a ma
r as ho conceded Col. du Iont to he. III
o Senate, he said, had the power 10 i,
+ moro tho plain provisions or tho Del
WuFe Concentrations. but o., lo no