Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12

TO him, to hear so able lawyer ueal IN
such FREQ and easy manner with so
great paper as the Constitution Of
State. He said it showed an utter lack
of sincerity on the part OF tho person
making statement that "eitber may
be taken, he did not care which. = Mr..
Mitchell he said proposed two construc-
tions and admitted that he did not
care which was adopted so long MS no
made his case. Ho said there was but
ono construction. He understood how |
person could deal lightly with the
Interpretation of some paper of minor |
Importance, but when it came TO con-
STRUNG the supreme law, something |
more than the display Of indifference
enthusiastically Senator Mitchell should |
characterize the action of the Senate.
Mr.. Mitchell evidently did not like
the criticism of his 'double- barreled'
construction and asked for permission
TO explain his position. Mr.. Turpie
yielded, and tho Senator from Oregon
said that II there was but one con-
struction, there was no ground for con.
troversy in this case. He conceded
that there were three constructions
which might be placed on the Consti-
tuition. 1t was open to two interpreta-
tions, he said, either of which made his
case. If the third was taken it made
the minority's case. Ho asked Mr..
Turpie il he did not concede that
there were three, or at least two con-
structions open. Mr.. Turpie promptly
replied that he did not concede that
there were oven two interpretations
which could be made. "There is but
one" he said with emphasis, d" | offer
but one" Mr.. Mitchell replied that
he admitted that there was but ono cor
rect construction.
Mr.. Turpie repeated that he did not
place any confidence in statement
made with such an utter indifference
as offered by Mr.. Mitchell. He said it
was only out of Difference to the chair
man of the COMMITTEES of which he was
member, that he had noticed at all
| the various contentious as to the right
of Mr.. Watson to take part in tho pro-
ceedings of the State Legislature. As
it was he had only put the text against
| the commentary of law offered by
Senator Mitchell. The real question,
he said, is not whether Mr.. Watson
had right to take part in the pro-
ceedingH, but who is to judge and de-
termine his right. Tho real question
u.s. has the United States Senate any
| TiBuI " IuuRb httldb lhO hhNcNlOhb
offered in support of Mr.. du Points
claim. lie asserted that the Senate
had no such right. Tho Senate Of
Delaware is made by the Constitution
of the State the sole judge Of the quail
fication of its members, and no body or
court, no committee of the Senate can
make or change that law. There was
no question as to Mr.. Watson's creden-
tials, no question as to his qualifica-
tions. The Senate of Delaware is the
exclusive Judge of tho qualifications
of his members, and no one else could
change their judgment. A judgment
of the qualifications was necessarily a
Judgment as to disqualifications lit is
charged, he said, that Mr.. Watson was
absent from the Legislature from the
time he assumed the office of Governor
until the 9th day of May. This absence
was no disqualification. The record
shows that be was absent but it did
not show that he was thereby disquali-
fed. Absence may be the cause of ex-
pulsion, but never can be equivalent to
an expulsion. 1t might be cause OF
Judgment, but is not judgment.
lie said there was but three ways in
which The right of sitting member
in tho Legislature could be effected.
]. BY death, which was very near self
operating. 3. BY resignation. 3 By
an order of judgment by the House OF
which he is member. Death, resigna-
ton, or an order of the House only dis.
qualifications. He quoted cases to sus-
! tain his contention. He said no mem,
Der Of the Legislature was ever sus
pended. In the British House of Com
mons there we're rare cases, none recent,
but never without "a written order, and
the act of suspension WAS always noted
with great care in the record. In the
cases where such action was taken a
mention was made of all of the Parlia,
mentary privileges from which no was
suspended. No order suspending Mr..
Watson was issued by the Delaware
/ Legislature, and If there had been, they
could not touch his constitutions
{ rights. Mr. Mitchell, he said, claimed
that Mr.. Watson was "self-suspended. y
There was no record in any of the par
liamentary authorities he had consulted
giving an instance of self-suspen
D sion." 1t could not be any more than ;
0 person could become "self-ousted. "
Mr.. Turpie said ne was surprised a
! the position taken by Mr.. Mitchell
that tho Delaware Legislature was com
+ petent To Judge only of questions o
= fact and not of constitutional law Ill
combatted this contention and en-
. phatically asserted that the State Sen
ate was tho absolute judge of ever.
D question of fact and law, and that thei
Q decision was binding on the United
States Senate. He cited case decidet
Z by Justice Brewer in which it was he'll
, that the Legislature was the eSclusiv
: judge of the qualifications OF its mem
y bers and that tho courts could no
b change tho decision. He said he kneN
n that it was tho desire of the Senate
O from Oregon to see that justice wa
il done, but he assorted that the powe
: of the United States Senate could no
It be extended, or the absolute power q
the State Senate excluded in the con
It sideration of the case. To accomplish
. such result the Federal Constitution
n would have to he amended 80 as
n give the Senate the power TO judge no
It only of the qualifications of it's ow
l. members, but also as to the qualiiica
o tions Of all of the members of the Stat
d Legislatures. lie reviewed the case
II cited by the majority, but argued tina
Il they did not apply to the case of MI
VI du Pont.
j. After going over the authorities an
% cases cited he turned his attention
d the hypothetical case suggested by MI
II Mitchell to the effect that Il person
It whom tho record showed to he but
g. years, was seated notwithstanding tn
j. TACT that the Constitution provide
n that his age must be q. Mr.. Mitche
). asserted that in case of this charat
if ter. the United States Senate wnul
20 have n right to reverse tho decision
1t Mr. Turpie denied tho right of I'll