The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-05

1.-THE ground upon which it is claim
ed upon the part of Mr.. Dupont that
Mr.. Watson was ineligible to seat in
such Joint assembly and should not
have been counted therein in making
up the number constituting the same,
is based on the fact that, although he
had been duly elected a Senator from
the county of Kent, and from the cora
mencement of the session in January,
1895, until April Of that year, had held
and occupied a seat in the Senate, ana
had been elected Speaker thereof and
served in that capacity, he had on
April o, 1S95-the Governor of the State
of Delaware, Joshua ii. Marvil, having
died the day previous us-succeeded to
the Governorship of the State, in
virtue of a provision Of the Constitu-
tion Of that State, and from that date
until Nav following had continued
to exercise the functions and duties of
Executive Of the State, and has ever
since and still contiESnSs to exercise
the Office Of Governor Of said State. and
that, therefore, on that day, May 8,
1895, he, then holding Office of and be-
ing the Governor of the State OF Della
ware, was ineligible to a seat in said
Joint assembly. and had no right what
ever, under the provisions Of the Con-
stitution Of the State and of the laws of
the land, to be present, either to par
ticipate by his vote or otherwise, or to
be counted therein.
''Your committee holds that this con-
tention on the part of Mr. Dupont is
well founded
tl'he committee went into a thor
oHgh Investigation Of propositions i'm
Vol0cd in determining the question as
q whether the offices held by Mr.. Wat
sqn as Senator and Speaker Of the Sen
ate did not become absolutely vacant
on his becoming Governor, and hold it
clear tlaat while holding and eSercis-
ing such executive Office his right to
exercise any of the functions either of
the Offices Of Senator or Speaker Of the
senate was absolutely suspended"
Auch high legal and judicial author
ity IL quoted in support Of this view,
consisting III part of judicial decisions,
works on Constitutional authorities,
and speeches of prominent men, includ-
ing one made by Daniel Webster in the
United States Senate, giving his views
on maintaining Constitutional res
traints and just divisions Of political
power.
Senator Turpie, presented the report
of the minority Of the committee
composed of all four Of the Democratic
membersof the committee:
"This report takes the position that
Mr. Dupont was not elected by that
vote. It is set forth that the records
show hat on the last ballot 30 votes
were east, and that of these Dupont
received only Is, or less than a ma
iority The vote of Governor Watson,
who had been elected as Senator and
had become Governor upon the death
Of Hon. Joshua r. Marvil, was counted
in this record.
1T is not conceived" the report
says, chow u can be q majority Of 30.
That a majority Of all the members of.
the Legislature is necessary to a @lOice
when all are present and voting is clear
not only from the act of July 25, 1866,
but from the language Of the constitu
tion itself upon this subject, prescrib-
ing that two Senators from each State
shall be chosen by the Legislature.
Such a choice is made by preference
and is only indicated by a number Of
votes greater than that cast for all or
any other voted for
Referring to the vote of Mr.. Watson,
the minority contend that he was still
a member of the Senate, notwithstand-
ing he Vas acting Governor. The opin-
ion is also expressed that it was per-
fectly compatible for Mr.. Watson to
exercise the dual Office of Governor
and Senator we think it clear" the
report SAYS, from the language of the
I e a
that these two functions are expressly
made compatible and competent by the
terms OF that instrument"
I'VE think" it concludes, "that the
Senate of the State Of Delaware, where
of he was q member, is the sole tribun-
al which could either hear or deter
mine lawfully the objections to the
qualifications of Senator Watson. 1t