The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-16
MONTANA SENATORS.
arguments Before the Senate
Committee on Elections
AS TO WHO Is REALLY ENTITLED
AZ 'ne senatorial Sests-Colonel Paine Rep
resents the Republican Side and So
lcitor jerks the Democratic

niiIIee on privileges and elections has be
gun fhe investigation of the credential
OF TIE MARQUIS claimants for seats in th,
Senate from Montana. Before the session
began Saunders, one of the Republican
claimants, gave brief statement of the
SITUATION Tnere was full attendance
Inc following persons are interested
Saunders and Power, Republican: Magin.
ms and Clarke, Democratic claimants: A
d. Sellgman, chairman of the Republican
state committee; George K. Tingley. ex-
treasury and agent at Fur Seal islands
congressman Carter, Charles Power. SON
OF the republican claimant; Colonel Hal
perl Il. Falne, counsel for the Republican
claimants. The counsel for the Democrats
Is ex-Solicitor General jerks. Colonel
ZANE presented the case on behalf of the
hepuDllcans. He said he should attemnt
70 maintain by argument propositions To
the following effect: That the Certificates
neioA oy the rival claimants Contradict
each (hfr and are utilities. This heinz
the caS it was the duty of the Senate 70
resort to secondary proof as such second.
dry PROOF Is competent to show that the
mouse OF representatives and senate
al the time they voted for United
states Senators contained majority of
one members duly elected to these bodies
auu y, ouaI I'D thls case there was no change
ia the membership of the Montana legisia
ture from the time it was Organized No.
Vemper 20, 1889, to January and 9 when
the election for United States Senator's &C.
curreo- In the absence of the certificate
REQUIRED by law showing the prima facie
right OF the holder to seat. the Senate
as d L gnu 90 IN Vestlgate and adjudicate
re va lns OF oe 1acto members of the legs-
ature electing the claimant. but not tn ao
MO the claims of de jure members thereof
CPon these propositions in summarizing
Solo1y Paine said that Saunders and
cow mad been elected Senators from Mon
lana Dy the legal legislature of that state
Ia the case under Consideration. Colonel
alIe said, the certificates presented bv the
several claimants contradicted each otbar
ma were utilities because they bore the
gnaUure OF only one of the officers that the
aW requires shall be attached: therefore
ne rights OF the claimants must be deter |
nlneo oy secondary proof. Colonel Paine |
ave resume of the facts of the organiza
lon VI the legislature. which are well |
Anown, there being two houses but only |
Rne senate. As to the position of the five |
hepuoncan members of Silver Bow county |
kVnose right TO seats in the house was in |
dispute, he said if it We're shown that they
we're entitled to their seats, then the cleo
ION OF Saunders and Power was legal. IF
loI, then tue election of Maginnis and
Clarke was legal
a controversy at this noint .rosa &c -
ne certlhcates of election of the Demo |
ratlc members from Silver Bow. Colonel
anne stated that Governor White issued |
Feruncates to the Democratic members.
Maglnnls, one Of the Democratic claim
nus, oenled this, sayir it was found living
asigued IN the governors Office after he
<acated. vi 4-0
Both Sunders and Power stated that
nelr information was that the certificates
al oeen executed and sent to the members
Y mail o0i'
Proceeding to the question of the du+ies
nc powers OF the United States Senate to
lVesugate the election of its members ,
oloneI Palne argued that if the committees
ecioee that IL could go behind the returns
uhtSecnon OF the members of the Mon
ma leg1slatdre, it could not confine itself
the EXe members of Silver Bow whose
sats Were IN controversy, but must pre- ,
are 70 60 into all cases where contests may :
niaue III montana. These would number :
ore than sixty. He cited a number of |
authorities, and endeavored to prove that q c
ienoer OF tne legislature who acted upon /
uy question IN pursuance of prlma facie c
gnt TO seat had the same power as a t
femoer whose right to seat was unoues- '
oneo' ana MS vote could not be Initiated L
ibseqaently. '-''o0 a
Passing to the basis of the right of mem a
Prs OF the legislature which elected Saun- d
Prs and Power to sit and vote for United a
Caues senators, Colonel Paine stated that !
1oer the constitution of the state the gov !
fnor and other state officers We're consti f
3ted returning board with sole power to b
sue certificates OF election to members of Il
be legislature. "a S
Certificates of election by the county "
erks were not provided for in any way. g
r are they of any force Colonel Paine s,
I'd the new constitution superseded the h
4 tie ritorial law. which made certificates
tue county clerks prima facie evidence
Ihe right OF members Of the legislature
. have their seats.
IIae next proposition was that the senate " "
|olch elected the president pro TEN De f.
lubet 10. 1872, aud the house which organ -
r. November %, 1889, elected senators
representatives. and they composed
constitutional legislature of the state.
'iere were no changes in the member ~
~ Oh uhe legislature so constituted W
fore the first and second DAYS of January.
pen Saunders an Power were elected
Pnauofs. therefore they possess prirna "a
cie rlgnt TO seats in the Senate. In CON ~
fislon, Colonel Paine said if the INQUIRY bu
fnI OUTSIDE the record the committee of
pune nuo from that source as well that w,
|unoerf and Power are the legally and
ghtf,j elected Senators from Montana de
{oaunuSs submitted to the committee in a
lalI OF MS colleague statement which ca
| IL be included in the record. In the de
Iect that many illegal votes were cast in me
fver bow county for the Democratic ID;
fldIdate and that the election officers We
! ieo 10 comply with the law in precinct Sta
I CT that county. sw
Fsx-Sollcltor General jerks then began no
case for the Democratic claimants He thu
ID there were three points on question: tie
he determined. die
lis there prima facie right to . sea. NE
the United States Senatel
He affirmed there is and that it is in
fOr of his clients.
lis there or was there a legislature to ,,,,
let Senators. pu
o1-.,. &c 80, 81 VI r.aoe Vi dis
w coantE is the only credentlal of the iio
I+ba,,a;.,ff o'0 odOion iIoin uiidc equity 10 the
IL T., S.rlo,,, rel
Ingl
|enks said it existed in Maginnis and T ra,
IKE: They have the title and they have m,
right pack OF the title from the people cor
represent the state of Montana in the der
teq States Senate. Upon the first cea
~ Jenhs quoted from the statute of July, fro
e right to seat in the Senate. pos co ao
Fion OF the certificate of the governor. me
"a though 1t lacks the seal and counter o o;,n
q OF the secretary of state fulfills fbe 49,,
3uirement of the statute. nv
colloquy here ensued. in which several 1r ~ ~
|nbers OF the committee and jerks took eio
conc,sealng with a statement by the
rmak rdat 1t was the understanding :,
tne f?ossesslon OF the governors Ger
bate ~ Itself gave no force to the claim ann
prlnAa facie right as Senator r
.eller said the question before the com wor
.Dee was not who has the evidence of t,o !,