Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
SENATOR KENNEY SEATED
Vas Sworn in Friday As a Member Of
the United States Senate.
THE DU POINT CASE ADJUDlCATED
Cannot Be Reopened Without
New Facts.

Washington, D. c., Feb. 5. Richard
r. kenney. d., dell was, to-day,
sworn in as member OF the Senate
for the existing vacancy, without Re-
publican opposition, IL being conceded
that his credentials gave him prima
facis right to a seat.
The Senate committee on privileges
and elections, this morning, formally
decided to report adversely On the
petition OF II. A. du Point to reopen
the case involving his claim to Il seat
in the Senate. The vote on motion to
| this effect was carried 6 TO l, Senator
Chandler's vote being the only one
cast in the negative. The opinion ex-
pressed in the committee Indicated the
belief on the part Of tho majority, in
\ GLIDING both Democrats and Republi-
cans, that the du Pont case hal already
been adiudicated and could not be 70.
opened, except upon the presentation
! OF new facts.
A soon as the routine business of the
Senate had boon disposedsof Mr.. Gray
! D., tDel arose and sent to the desk
the credentials of Mr.. Kenney. The
credentials we're in tho usual form, and
wero signed by GOV. Tunnell with the
seal OF the State attached. Mr.. Gray
stated briefly that Mr.. Kenney was
| present, and desired to be sworn in,
| and to take his seat under these cre-
| dentlals. This was the elimination of
the long contest over the vacant seat
| which has agifatad the state aud has
found frequent echoes in tile Senate.
Mr.. Chandler, replying 10 Mr. Gray's
request, said no objection would be
made to the swearing in of Mr.. Konney
ON the credentials now presented. he
believed, however, that tho scat should
he filled by Mr.. du Pont, who, IN tue
judgment of the Senator, was legally
elected TO the Senate. II. however, Mr..
du Pont had not Leen elected. then in
the Judgment of Chandler, the Legisla.
ture which named Sir. kenuey was rot
legally constituted. "a lis organization
was attended with fraud anu irrogu-
larity. These matters would be brought
before tho Senate at later stage and
a full hearing asked. MIR. Chambers
statement cleared away all present
opposition and brought the contest To
IN unexpected close.
Mr. Hoar, H., Mass. said he con-
CURED in tho view that the credentials
gave Mr.. kenney prilna facie right to
q seat in tho Senate, hich could he
questioned only in subsequent proceed
ings. The Senator reviewed the au
FONT contest of last year and the recent
effort of Mr.. du Pont to have the
case reopened. Such course, in MIR.
Hoar's judgment, would be clearly
irregular. The Senate had passed on
|, the du Pont case, and its decision was
j as tnal and binding as that of any
court. 1t could be reviewed only on
, newly discovered evidepce. or wHen it
was apparent that error had been made.
, but no new evidence, no error was
, brought forward, and MIR. du Ponts
, application was simply request for a
/ reopening of the original case which,
this great constitutional ours, the
Senate Of the United States. had
already decided oace. With this view
!. of the case the COMMITTEES on pris..eges
!, and elections, to-day, had decided
unanimously, with one exception, that
nothing further was TO be dens 10 that
. case. Ii was most unpleasant thing
. tor him, Mr.. lioar said, TO see MIR. du
Font denied u seat in the Senate. yet
it Was OF profound Importance TO the
country ana TO tEa oignity Of the
6 Senate that personal desires SHOULD rot
q actuatc the conclusions OF the Senate.
# 1t follows that if Mr.. du Pont was not
F.. elected vacancy existed, and Mr..
Renney now presented Credentials Ger
!. tifying his right to ii vacant teai. His
d right was prima facie and might lie
a brought in question hereafter, hut for
Z; the present it was unqueet,onable.
When MIR. Hoar closed Mr.. Gray
IS moved up the middle aisle ant Joined
> Mr.. kenney. Arm in arm they pro
IF ceeCed to the desk of tas presiding
/. officer, wbere. with up't!eu hand. the
new Senator FROM Delaware took the
a formal oath of ci!ice. There was no
n vote and no opposition
n Sir. kenney Was assigned scat on
y tho Democratic SIDE along side Mr.
Hill of Now York. lie was warmly con
!. graduated 10y Democratic Senators
X when he took his seat.
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