Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-12

claiming to be h Speaker OF the Zen
ate, and claiming the right, as such
Senator, to be present and participate
In the proceedings of such joint as
sembly, and to cast his vote for Sena-
tor, was not entitled, under the Con-
stitution of the State of Delaware and
the laws of the land. to be present in
such joint assembly, and had no RICH.
TO be counted therein in making UP
the number present, and had no right
to cast his vote In such assembly for
any person for Senator.
If this contention upon the part CT
Mr.. Dupont is correct, then it is con-
coded, providing the right to inquire
into Watson's qualifications to vote in
such assembly now exists, that, mas
much as in that event there were but
20 members of the Legislature OF the
1 State of Delaware present entitled to
vote, and as 1t is conceded Mr.. Dupont
received the votes Of Is Of such MEM
bers, no one of which was that OF Mr..
Watson, thus receiving a clear major
ity of all the votes cast, entitled to be
cast, he was duly elected Senator, and
is entitled to his seat.
The whole question involved, then, in
this case is as to the right of Watson to
be present in such joint assembly, and
to be counted therein in making up the
number present, SO as TO require the
votes of 16 members to make an cleo
ton.
The ground upon which is is claimed
upon the part of Mr.. Dupont that Mr..
Wotson was ineligible to a seat in such
joint assembly, and should not have
1 A&., ~,~41 49,. DO x,a y r III Tho
number constituting the same, is based
on the fact that, although he had been
duly elected a Senator from the county
of Kent, and from the commencement
of the session in January, 1925, until
April 8 of that year, had held and oc-
cupied a seat in the Senate, and had
been elected Speaker thereof, and serv-
ed in that capacity, he had, on the 9th
day of April, 1895, the Governor of the
State of Delaware, Joshua NJ. Marvil,
having died the day previous, succeed
ed to the G~overnorship CT the State in
virtue Of a provision of the Constitu-
ton of that State, and from that date
until the Sth day OF May following had
continued to exercise the functions and
duties of executive of the State, and
has ever since and still continues to
exercise the Office of Governor of said
State, and that, therefore. IN that date,
May 9, 1895, he, then holding the Office
OF end being the Governor of the STATE
Of Delaware, was Ineligible to a seat in
said joint assembly, and had no right
whatever, under the provisions of the
Constitution CT the State and of the
laws OF the land, to be present, either
to participate by his vote or otherwise,
or to be counted therein.
The State Senate recognized Watson
as a member and he presided over its
deliberations and voted, but the United
States Senate held that he was not a
member and refused to count Dupont
upon his vote.
Thc United States Senate will al
ways inquire into any question
of fraud. intimidation, or duress
which may be raised in the cleo
tion of n United States Senator.
1t is a well settled principle of law
which has been recognized in the Con-
stitutions CT nearly, if not all. of the
States, including the State of West Vir-
ginia, that the State Legislature is the
Judge Of the election. qualification and
returns of its members. Each State
Legislature has the right, subject only
to constitutional restrictions, to deter
mine for itself its own membership.
The United States Senate recognized
this principle in the Turpie case. It
has never denied the principle in any
case. But, where the State Legislature
acts nnconstitutionally, its action in
seating a member, or of allowing a
member to vote who is not c0nStitu-
~tionally entitled to vote, is just as void
as is an unconstitutional enactment
which has been passed in the regular
way by the Legislature. Every Legis-
lature is the judge of its own member
ship, restricted only by the Constitu-
ton. and the Federal Legislature has
not been given inferior powers to the
State Legislatures. The Federal Leg
islature has the right to determine for
itself its own membership, restricted
only by the Constitution. This right
IS expressly vested in the United States
Senate by the United States Constitu-
ton. Thus when a State Legislature
passes upon a question of fact as to the
election, qualification. or return of a
member the United States Senate will
accept the finding of fact of the State
Legislature. But when the State Leg
islature, after finding a fact, proceeds
to interpret the State Constitution, the
United States Senate, accepting the
fact as found by the State Legislature
will review its finding as to the point
of Constitutional law. To hold other
wise would be to deny to the United
States Senate the power to exclude
from its membership those not Consti-
t%utionally entitled to it. There can be
no construction which gives to the
United States Senate less power and
dignity than is possessed by a State
Senate, which is not contrary to our
entire system. This was the principle
upon which the United States Senate
acted in the Dupont case from Della
ware. 1t is a principle which has new
er before been denied, and which, il
overturned, would deny to the United
States Senate a power possessed by
even an ordinary delegated political
convention.
In the case of the two Senators who
accepted military positions in the State
Senate or West Virginia, through its
Committee ON Privileges and Elections,
unanimously found that subsequent to
their election and their qualifications,
they had accepted Offices which were
lucrative positions under the United
States Government, contrary to the ex-
press provision of the Constitution OF
the State of West Virginia. A major
ity Of the committee reported further,
as n rOrrluSi0D of 1aw that tho Con