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

leaving the gubernatorial office vacant,
but by devolving the duties on some
person who should exercise the Office
until Governor could be chosen by
the people. lie asserted that il there
was any public law, /" as argued by
Mr.. Chandler, that the members of
that convention knew OF its existence,
and would have provided for tine repro
sentation OF the county from whichstho
Speaker of the Senate was elected il
they had considered it necessary. John
NJ. Clayton, George Read and Charles
Polk, he said, knew as much about the
American system as any man in New
hampshire, or in any other State. An
express statement that the framere did
not intend to create a vacancy, he said,
was found in the last clause of section
IA, which says, that "If the trial of Il
contested election shall continue longer
than until the third Tuesday of Janu-
ary next ensuing tho election of Gov
ernor, the Governor of the last year, or
the Speaker Of tho Senate, or of the
House of Representatives. 1.-THE Senator
laid great emphasis on these words),
who may then be in the exercise of the
executive authority, shall continue
therein until determination OF such
contested election. " Mr.. Gray said
that he was defending his State, and
the able men who framed that Consti-
tuition. He emphatically asserted that
1T never entered their minds that they
were making vacancy or thoy would
have provided for it. He said that the
Senate should not gamble away the
rights of State in order to crafty the
wish of some individual. The Consti-
tuition was made for the plain people,
he said, and was made for plain inter.
probation. He contended that it was
not right TO reason away the plain, OBJ
vious meaning of the Constitution Of
a sovereign State, and leave the people
dazed at what they had done.
The Senator ridiculed the argument
that the trainers Of the Constitution in
tended to create vacancy of which
they did not speak or leave il an open
question. He said that one of the most
remarkable statements made in tho case
was advanced by Mr.. Mitchell, when
he asserted that the true construction
of the section was not that it is op-
tional, but that when the Speaker leaves
the Senate chamber it is open to con-
struction whether he vacated or sus.
pen1ed his Senatorial Office. "Ia il
worth while" said Mr.. Gray, ITO pur-
sue further an argument which is
driven into that corner?' lie repeated
that the Constitution was mado for
tho plain, honest people Of the State,
and not to raise moot questions for law
yers to exercise their wit and ingenu.
| ity in constituting. He insisted that
the argument that any question was
left "open' was too absurd 10 lie CON
sidered, and that no such ridiculous
proposition had ever before been made
in regard TO the Interpretation of u
State Constitution.
Mr.. Gray contended that the Consti.
tuition docs not make the Speaker tho
Governor. He said that Mr.. Burrows
and Mr.. Mitchell. as well as all of the
| other Senators who had spoken for
the claimant, argued that the Speaker
did become Governor. 10 do this they
were forced to change the wording
of the section. They made it read that
the Speaker shall be. or becomes Coy.
ernor. Mr.. Gray claimed that tie Ian
guage used meant just what it aaid. IL
the trainers had intended that tho
Speaker become the Governor, they
would have said so. They were inteli.
gent men ana knew the English Ian
guage They said that the Speaker
should exercise" the Office. MIR.
Gray asked whether tho majority
denied the right of the trainers to make
the distinction, He nointed with
pride to the fact that the Constitu-
ton of Delaware WAS in its language,
style and force of words equal To the
Constitution of the United States.
Mr.. Mitchell at this point inter-
rupted to ask il the Vice President
became President Of the United States.
Mr. Gray replied that he was discuss
ing tho Constitution Of Delaware, He
sand the words were plain and should
not be twisted out Of their common
SENSE meaning. le asserted that the
words used made clear distinction.
and repeated that the Constitution
does not make the Speaker the Gov.
ernor Mr.. Mitchell again interrupted
with ono of his "supp0scdr' cteeg.
Mr.. Gray replied that he was moi an.
swerlng cunundrums lie ritel several
cases whero power was hpstoSed
without changing the Office. ..The
guardian is not the father tccause Id
eNercIaas parental authority nyor !;
chlla lie emphasized thc farf tbat
tho senate has no right to ignore tho
: demarlAtlon made by the lraHpra.
, 10 turthrr emphasize the fnrgouT bi,
argument, the Senator called attention
% the fact that the regular Governor.
: ls not englble TO recollection, Whilr NV
$ Speaker who had been in the eyerri4,
. of the olllcc could be elected. He poii,.c5
out The violence the supporters Of Mr.
du Punt were forced 10 do other 10
VISIONS, by their contention that til,
Speaker vacated his senatorial ulIirs
, lie eald the difference in their urru
, heGt and tho argument of the minurit,
was that those opposed to Mr.. III
l font based their opposition on Ill
5 PLAIN constitutional meaning of tn
| document, while the majority wer
I forced to take what they could find out
5 side of the Constitution Mir, Ora
pointed out tic many othcr distinction
Q between the acting Governor and iii
Governor elected by tile people. II
I read again the thiru clause Of sectio
: ~, and said that il tAG contention /
3 the majority we're correct tho Trainer
] OF the Constitution hau taken a rrei
. doal of pains for nothing whom the
put in this clause
4 Mr.. Gray quoted from Mr. Mitchell
h sporch in which tie senator frol
+ Oregon assorted that the Speaker of til
: Senate could accept the once Of Cio,
+ ernor or not MIR. Gray characterize
inns contention As one uf the many al
9 surd interpretations matte hy the su,
= pnrtors of Mr., du Pont. Mr. Gray sai
g the language of tho section was plait
d ani clearly doyolyed the duty upon Ill
,apeaior and made it Imperative f,
d HIM 10 perform the functions of tn
!, Office, IL was moi left for the Speak,
to accept or reject