The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-09
THE CASE OF DUPONT.

The situations in the case Of Dupont,
claiming a seat in the United States
senate from Delaware, and that of Day,
claiming a seat as state senator, have
some analogous conditions that make
a statement of the former case of inter-
est pending the consideration of the
case of Mr.. Day. The cases would go
on all tours had the senators opposing
the claim Of Dupont not advanced the
proposition that the senate could not
inquire into the eligibility of a member
of a state legislature. How far this
entered into the final decision cannot be
known. The facts of the case, how
ever are as follows: The Delaware
legislature consists Of 30 members in
joint session, 8 senators and q rep
resentatives, requiring 16 votes to elect
a senator. In the event of a vacancy
by death, resignation or other reason
a majority of the remaining members
elects. The constitution of that state
provides that upon a vacancy happen
ing in the office Of governor the speak
er of the senate shall exercise the of
flee. until a governor elected by the peo-
pie shall be duly Qualified
Gov. Marvil died April 8, 1895 Sem
ator Watson was speaker of the senate.
No election of United States senator
had been had up to that time, owing
to the Higgins-Addicks contest. On the
succeeding day Watson took the oath
of office as governor, and entered upon
its duties. From that time, Nav 9. Wat
son took no part in the proceedings of
the senate. On this last day the houses
met in joint session for the election of
United States senator. Thirty votes
were cast on each of "a consecutive bal
lots, of which Dupont had 10, Ridgley
TO- Addicks 4, and Tunnel 1. On this
occasion Watson went into the joint
session as senator and voted for
Ridgley, the record showing no protest
against his voting, although it is claim
ed that one was made
Dupont's contention in the senate was
that Watson became governor and
ceased to be senator; that he had no
right to vote as senator; that a vacan-
cy having happened in the body Of
senators by his promotion to the gov
ernorship, Is became a majority in
joint session, and he, having received
that number, was elected In support
Of the contention that Watson ceased
to be senator in becoming governor the
constitutional provision was quoted
which forbids any officer Of the state.
except some not material, from being
during his continuance in office, a sem
ator or representative"
There was a prolonged discussion in
the senate on a majority report from
the committee on elections admitting
Dupont to q seat and a minority report
denying his claim. The chief reason
presented in the latter was that the
senate had no authority to inquire into
or determine the status Of a member
Of the legislature Of a state, whose con-
stitution made each body a judge of
the election and qualifications of it's
members. The arguments of Senators
Gray, Villas and others for the minor
ity report went mainly, however, upon
the ground that the exercise" of the
office Of governor by the senator-speak-
er did not disqualify him as a senator.
The senate by g. vote of 81 to 30. %
paired or not voting, adopted a resolu-
ton denying Dupont a seat. So far
as this decision goes it sustains the
contention that senator does not
cease to become such by entering upon
the discharge of another office devolved