Evening journal., 1911-01-17

members when they came here this
morning had intended to re-elect SEN
ator Henry A. DUPONT today.
Speaker Campbell had called for al
ballot for Senator in the House at
noon and the Democratic members
withdrew for a recess to shape their
opposition.
Meanwhile the Senate for nearly an
hour and a half threshed over the At
torney-General's opinion in secret ses-
sion and then unanimously decided
not to ballot for Senator until Tues
day, January "a. one week hence, as
Mr.. Gray's opinion recommended.
When the House heard Of the SEM
ate's action at 1890 o'clock It also de-
ferred balloting until January "a when
Senator DUPONT viii be elected for the
six-ycar term
When the Senate met az 1890 o'clock
President pro tenn. Monaghan submit
ted Attorney-Genera Gray's opinion
which was read reviewing the daily
action Of the present Legislature and
concluding that sufficient organiza-
ton was not effected in the Senate un-
IN Friday last and therefore ballot
ing within the meaning of the Federal
statute could not legally take plncc
to-day and legally not before January
"a. Mr. Gray cited the Idaho Senatorial
contest of Claggett VS.. Dubois, which
he said was not unlike the Delaware
situation, i'm support of his cOnclu-
slons. Mr.. Gray said there might be a
conflict OF views, however
On Senator Monaghan's motion
seconded by Senator Miller, the SEN
ate went into executive session and
considered the opinion at length. Some
OF the Republican members az first
favored balloting today, but the Dem
ocrats favored following the attorney
generals advice
Mr.. Gray finally was called into the
secret session and explained some of
the mooted points and asserted that
postponement of the balloting until
January "a would not invalidate the
Senatorial election even should there
be a difference of opinion.
He explained that some other Sen.
ate contest cases that had been re.
/ ferred too did not apply i'm this in
stance. The Senate then voted
unanimously not to ballot until Janu
airy "a
In the House.
In the House at II O'Clock Speaker
/ Campbell caused some surprise by
calling for balloting for United States
Senator. Republican. r. o. Cooper
the Democratic leader, Immediately
arose and said
Members on this side of the
House not being prepared to vote nov
would like to have a recess for tiftcer
minutes"
Representative Moore wanted Il
know If a recess would affect the re
suit or the election and the Speaker
said it would not inasmuch as th'
proceeding had been started.
After ten minutes the Speaker sen
the sergeant-at-arms 10 summon th'
Democratic members. Or. Coope
came in and asked for further eX
tension of time for ten or fifteen min
utes which was granted.
AT 1890 o'clock just as the Senat
had taken its action. the Democrat
filed into the House. Or. Coope
notified the Speaker OF the Senate
action and Attorney-General Ora.
was given the privilege Of the floor
Then it developed that the Hous
had not received a copy Of Attorney
General Gray's opinion. A copy Wa
gotten from the Senate and rea
after which Representative Moor
moved that in view of the opinion an
the Senate's action on II the Senat
action be concurred IN. This mean
ballot on January "A and prevaile
unanimously.
Vf..fl...t. A. kanafnr dnpnul
Senator DUPONT yesterday afternoc
received the caucus nomination OF q
Republican members of the Legisl
. ture in a manner that left no dOu
lc.n.in.,.a IN pnrn E,loror