Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-16

ate Committee on Privileges and Elections
to-day began an investigation of the creden.
tials of the several claimants for seats in the
Senate from Montana. Before the formal
session begun Saunders, one of the Repub-
hcsn claimants, gave a brief statement Of
the situation. There was full attendance
OF the committee and persons interested
from Montana.
Colonel Halbert E. Paine is counsel for
the Republican claimants. The counsel for
the Democrats is Solicitor General jerks.
When the committee found itself with a
quorum Colonel Paine began the presenta-
ton of the case. He said that he should at
tempt to maintain, by his argument, propO-
sitions to the following effect:
THE REPUBLICAN CLAIM.
That the certificates held by the rival claim
ants in this case contradict each other and are
nuIlities. This being the case, it is the duty of
the Senate to resort to secondary proof to de-
termne which of the claimants is entitled to a
seat As such secondary proof it is competent
to show that the House of Representatives
and Senate at the time they voted for United
States Senators, contained majority of the
members duly elected to these bodies and that
in this case there was no change in the men,
bership OF the Montana Legislature, from the
time it was organized, November o, 1889 to
January and 2 when the election for United
States Senators occurred In the absence of
the certificate required by law showing prima
facie right of the holder to a seat the Senate
has the right to investigate and adjudicate the
claims of de facto members of the Legislature
electlng the claimant. but not to 20 into the
claims Of de jure members thereof
Upon these propositions in summarizing
Colonel Paine said that Messrs. Saunders
and Power had been elected Senators from
the State Of Montana by the legal Legis-
lature of that State. Colonel Paine gave a
resume of the facts of the organization of
the Legislature, which are well known,
there being two Houses, but only one SEN
ate As to the position of the five Repub-
llcan members of Silver Bow county, whose
right to seats in the House is in dispute he
said that, ii it were shown that they were
entitled to Seats then the election of
Messrs. Saunders and Power on the 1st and
I'd ofJsnuary, 1890, was legal and they are
rightfully elected Senators.
THE POINT IN DISPUTE
If they were not, then the election of
Messrs. Maginnis and Clark, on the 9TH and
Sth Of January, was legal, and they are en-
titled 10 seats in the United States Senate.
A controversy at this point arose as to the
certificates of the Democratic Representa-
tives from Silver Bow county, Colonel Paine
stating that Governor White, the Territorial
Governor. had issued certificates to the
Democratic members. Mr.. MagInnis, one
of the Democratic claimants, denied this,
saying that the certificates were found un-
signed in the Governors office after he va
Gated. Both Mr.. Saunders and Mr. Power
stated that their information was that the
certificates had been executed and sent to
the members by mail.
Proceeding to the question of the duties
and powers of the United States Senate in
the investigation OF the election of its men,
bers, Colonel Paine argued that if the COM
lnittee decided that it could go behind the
returns of the election of the members of the
Montana Legislature, it could not confue it
self to the five members of Silver Bow county
whose seats are in controversy, but must
prepare to go into all the cases in which
contests may be made-in Montana these
would number more than 60. He cited a
a number of authorities and decisions to
prove that a member of Legislature who
acted upon anv question in pursuance of a
prima facie right to a seat had the same pow
er as a member whose right to seat was un-
questioned, and that his vote could not be
vitiated subsequently.
SWEEPING STATEMENT.
In conclusion Colonel Paine said that if
the inquiry went outside the record the
committee could find from that source, as
well, that Messrs. Saunders and Power are
the legally and rightfully elected Senators
from Montana
Mr.. Saunders submitted to the committee
in behalf of himself and colleague state
ment, which will be included in the record.
1t is to the effect that many illegal votes
were cast in Silver Bow county for the Dem
Ocratic candidates and that the election Off
GERS failed to comply with the law in Pre-
cinct "a OF that county
Ex-SOlicitor General jerks then began
the case for the Democratic claimants. He
said that In this case there were three points
or questions to be determined.
FlrSt-ls there prima facie right to a seat
in the United States Senate? He affirms that
there is. and that it is in favor of his clients
seconds there OF was there Legislature
70 eject senators? If there was, he said, the |
certificate of the Clerk of the Commissioners
of Silver Bow county is the only credential of |
night OF representation from that county to sit |
therein.
BOTH RIGHT AND TITLE.
Third-In whom is this prima facie right ex. |
listing? Mr. jerks said that it existed in Messrs. |
AdeAAAAA0 ouN OAAAA- 4hSS nave the title and 1
they have the right back of the title. from the |
people to represent the State of Montana in the |
United States Senate. Upon the firsT noinf /
Mr. jerks quoted from the statute of JuIv
1866 10 show what constitutes a prima faciss
right to a seat in the Senate. The posSessinn
of the certihcate of the Governor, even tbouph
1t lacks the seal and countersign of the SecTe-
tary OF State, fulflls the requirement of the /
statute.
A eolloquy here ensued, in which several
members o. the committee and Mr.. Jenks /
took part, concluding with the statement by |
Chairman Hoar that it was his understand |
ing that the possession of the Governors |
certificate, in itself, gave no force to the |
claim of prima facie right. Senator Teller |
said the question before the committee was |
not who has the evidence of title or right. |
but to whom the title or right really be- |
longs.
As to the legality of the Legislature,ssMr |
jerks said the Legislature that met pur-
suant to the proclamation of the Governor |
was the only legal Legislature. Mr.. jerks |
went Oh to argue that the new Constitution |
and ordinances OF the State did not repeal |
the old Territorial Law, under which the |
county clerks certified the election Of men,
bers of the Legislature.
THE LEGAL LEGISLATURE.
This being the case be insisted that the |
Democratic Legislature was the legal Legis- /
lature, and the persons elected by it are the |
right;ul United States Senators. He |
argued that under the new law the State |
L Al