New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-06
THE VACANT SEAT FILLED.
GENERAL KENNEY SWORN IN AS sENA-
TOR FROM DELAWARE.

mo THE DUPONT CASE.
rpY TELEGRAPH TO THE rRIBuNEl
Washington, Feb. 5.-The seat in the Senate
from Delaware which became vacant on March
a, 1895 was filled to-day by the installation OF
Richard r. Kenney the free silver coinage
Democrat chosen last month by the Legislature
now sitting at Dover. Mr.. Kenney presented,
through Senator Gray, credentials which were
complete and regular in form, and, as the Sem
ate Committee on Privileges and Elections had
already voted against rehearing of Colonel
Dupont's title declared invalid by the Senate
last spring no formal objection could be made
to General Kenney's prima facie occupation or
the seat. Notice was given by Senator Chand-
Ter. however, that contest might be MADE
hereafter on the ground that the present Demo-
cratic Legislature OF Delaware was an illegal
and fraudulent body end had no power to elect
a Senator. Mr.. Chandler was the only member
Of the committee 10 vote In favor OF reopening
of the Dupont case. Mr. Hoar and the other
Republican committeeman present holding that
the vote OF the Senate last May operated as
complete and final denial Of Colonel Duponts
title
General Kenney's term will run until March
3. 1901 His admission TO a seat in the Senate
raises the membership again to its full limit,
ninety. and makes forty-six votes necessary TO
q quorum or majority. The prospective Repub-
lican strength in the Senate after March Is
now forty-three. An appointment or election IN
Kentucky will probably raise the total TO forty
four
Mr.. Kenneys credentials having been read.
Mr. Chandler asked Mr.. Gray what action he
proposed to the Senate
Il was about to state it," Mr.. Gray replied,
land will now state it, Mr.. Kenney Is present
and ready to be sworn in. and l ask that the
oath be administered to him.
Before he Is sworn in" said Mr.. Chandler,
81 desire to make brief statement shall not
object TO Mr.. Kenney's being sworn in on these
credentials. 1 believe. however, that the vacant
seat should be filed by Mr.. Dupont Even If
Mr.. Dupont is not entitled to the seat, be-
lieve that the Legislature Of Delaware which
chose Mr. Kenney was a legislative body that
was frauduently created and was not entitled
70 elect a Senator This matter will doubtless
be brought before the Senate in due time In
contest of Mr. Kenney's right to a seat in this
body"
Mr.. Hoar recalled the decision Of the Senate
last session against the claim OF Mr.. Dupont to
a seat, and spoke of the petition Of that gentle
man at the present session 10 have the case re-
opened While he had believed in Mr.. Duponts
right, before the Senate had decided the con-
trary by a majority of one. the Committee on
argument Tor Mr. Dupont by the former Attor-
ney-General. Mr. Garland. had decided unani-
mously this morning against reopening the case
He proposed TO act on that doctrine. He thought
II very important 10 constitutional government
and TO the dignity and authority of the Senate
and to the peace Of the country that the Senate
should stand by its decisions. 1t was very
unpleasant thing to him that Mr.. Dupont was
not TO take the seat and that somebody else was
TO take II. But if the decision Of the Senate
correct it followed that there was vacancy
in the Senate from the State OF Delaware. and
that Mr.. Kennty, who now applied for the
seat had prima face title TO IL. subject to an
examination on the merits hereafter, If such ex-
animation should be determined on. He there
fore favored the motion of the Senator from Del
aware.
Mr. Teller Silver COLI asked Mr.. Hoar
whether there written report from the
Committee on Privileges and Elections
Mr. Hoar replied that he had been instructed.
as the acting chairman Of the committee. to file
a written report, and he would do so in a week
two.
Mr. Gray remarked that Mr.. Kenney, whose
credentials had just been read. was present in
the chamber and rcady.to take the oath Of office.
The Vice President invited Mr.. Kenney to
come forward and take the oath Of office. Mr..
Gray stepped back to the lobby. gave his arm to
Mr.. Kenney. and escorted him to the Vice -Presi-
dents desk, where the oath of Office was admin
1stered to the new Senator. who then signed the
oath al the secretary's desk. and afterward took
q seat on the Democratic side Of the chamber
Mr.. Kenney is tall, slender and dark skinned
man Of apparently thrty-five or forty years Of
age; with the exception Of dark mustache his
face was closely shaven. The House bill to pro-
hibt the sale of intoxicating liquors In the Cap
ito was not taken up to-day. Mr. Hill Dem. n.
Y) saying that II could not de disposed of with
in the morning hour: but notice was given by
Mr.. Morrill, Rep. VIZ that he would move to
have 1t taken up tomorrow.
Mr. Thurston Rep, Neb) continued his
speech in opposition TO the resolutions OF his
Popust colleague (Mr. Allen questioning the
right OF the Executive Department to consent to
q judicial sale Of the property of the Union Pa
cific Railroad Company. His argument 10
show that such a disposition of the question
the legal and proper one. He had not finished his
speech when the morning hour expired
The Nicaragua Canal bill was taken up, and
speeches in opposition TO II were made by Sen
ators Allen pop. Neb) and Caffery Dem. La
Afterward about fifty pension bills and twen-
ty-fve other House bills, which were unobjected
10. were taken from the calendar and passed and
the Senate at sos o'clock. adjourned until to-
morrow.