New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-05
THE DUPONT CASE TAKEN UP.
Mr. MITCHELL'S STRONG ARGUMENT FOR
THE DELAWARE CLAIMANT.

THE DELAWARE CLAIMANT.
HE CITES LAW AND PRECEDENT TO SHOW THAT
GOVERNOR wATsoN's ACTION WAS ILLEGAL
NO COMBINATION TO PREVENT CON-
SHERATON OF THE NATTER.
[BY TELEGRAPH TO THE TRIBUNE.l
Washington March 4-The Dupont election case
vas taken up In the Senate to-day without objection
or opposition of any Sort although rumors were
ahoat this morning that the Populistic-
silver-extremist combination which killed off the
Emergency Revenue bill. would be revived to post
pone indefinitely the consideration of Colonel Du-
points claim to a in the delberatiye branch.
II any such move was contemplated by the Demo-
cratic managers 1t was promptly and sensibly aban-
doned, for possible advantage can accrue to the
opposition from postponing decision in Colonel Du
points case The Senate is certain TO be more
strongly Republican the next Congress than it Is
in this. and Colonel Duponts title cannot be af-
fected in any way by the simple failure Of the SEN
ate to pass upon it, either favoraby unfavorably
1t is. the contrary. the interest of the Demo-
cratic side TO hasten vote at this session. when,
In the absence of all political responsibility
tisan control possible caprice of judgment or de-
NAL Of reason can beyond the bounds of proba-
bity. The argument in support of Colonel Duponts
title was opened by Mr.. Mitchell, OF oregon, the
chairman of the Committee Privileges and Eec-
lions His view of the case was eminenty clear and
convincing, and listened TO with attention by
Senators both sides OF the chamber. A synopsis
of the argument. which hardy does justice TO It's
thorough and comprehensive character is appended
Mr. Mitchell said that he would endeavor TO con-
vey TO the country his remarks not only the pre-
Csc facts involved. but also the views and argu-
uents which the committee based Its concIu-
sons He gave the facts Of the voting in the joint
Assembly May g. 1895 when of the thirty votes
cast. Mr.. Dupont received fifteen; and he argued
,rho had mt ofelf III
pcnt was not entitled to take part in the proceed
ings he being then Governor of the State of Della
ware. Mr.. Watson. he commended had no right TO
be present In that joint Assembly. and no right 10
have his vote counted and therefore his vote was
absolutely void Consequently. there were only
twenty-nlne legal cast that OCCASION and or
that number Mr.. Dupont had received a majority.
and was duly elected United States Senator
On the same day. and after the announcement
OF the vote. a challenge demand and protest
had been presented the part Of the fifteen members
who had voted for Mr.. Dupont. In reply to
question by Mr.. Hill Dem. n. Yo, Mr.. Mitchell
said that Mr.. Watson had not until that day voted
or acted as Senator from the date when he took the
oath of office as Governor He had. however voted
twenty-eight times that day.
Mr. Mitchell laid down these two propositions
and cited authorities 20 support them
l. 1t is well-settled principle Of common law
that the same person shall not simultaneously ex-
ercise incompatible Offices. and under the common
law the acceptance of office Incompatible with
one already held is a resignation of the other.
q The ONCE Of Governor and legislator are,
under the American system. Incompatible. and the
dual functions OF the two cannot be and are not
as a general rule. exercised either in whole or n
part by the same person and are never 50 eser
implied constitutional or statutory autnofIiy ana
the in which such Dd o exists iss r IN
Mr. Mitchell asserted that In the ter cases wherein
House nsa SUCCEEDED to the Of
aware In the last loi years not one OF them ns s
Office Of Governor. in the proceedings Of the Senate
House q with r %s snse nd
he had done so only for portion OF one day Of ana
fGn ' ssses Senator oe'eA' 'ns
Having finished ne argument as to Mr. Watson's
ONCE Of Governor, Mr. Mitchell passed TO the CON
Of 1 tBs SS%er "nasr the con
ona right to Judge Of The s election returns and s
S eermine the pending matter for Itself The minor
ity of the Committee on Privileges and Elections
a n sat- s .s s
child. and was impotent to protect Itself from in
Without closing his argument Mr. Mitchell yield
ed the floor at 4:S having occupied 1t for three and
Few Senators were in the chamber during the
speech ro ee' attention to it. Mr. VOORHEES, Dem
fnd). who has been absent for some weeks past on
v ner % health Mr. Dupont was in the lobby
while his cause was being argued and ex-senator X,
versy was also an intent listener. Mr.. Mitchell will
continue his speech tomorrow
resolution offered by Mr.. Wolcott CRep. Col)
was agreed instructing the Committee on Prfvi-
ieses and Elections TO investigate and report 10
what extent, II any, the salary accounts Of Sem
ators should be credited with amounts which have
accumulated during former vacancies
The calendar was then taken up. and the following
Hills among others. were passed:
Senate bill appropriatlng SEQ 600 to provide better
Inc IN New-York City: Senate bill granting PEN
sion OF SIS month TO the widow OF ex-senator
spencer, OF Alabama. as brigadier-general; Senate
III 10 nav 200 TO Elihu Root. OF New-York. for
legal services in the case of the Yale Lock Company
aeainst the New-York Postmaster.
The Senate at 5 p. m. adjourned until Tomorrow