, 1890-02-16
Who WERE ELECTED?
The Senate Committee inquir-
ing Into Montana Affairs.
Both Sides Of the Case Pre-
sented by Attorneys.
The Democrats Seem to Have
the Best of It.
The Montana Case.

Auc lhoutdud Cdses
WASHINGTON, Feb. 1.-THE senate
committee on privileges and elections be-
gan the investigation of the credentials Of
various claimants for seats in the senate
from Montana. Before the formal session
began Saunders. one of the Republican
claimants. gave a brief statement of the
situation. There was a full attendance of
the committee. Colonel Paine presented
the case in behalf Of the Republicans.
He said he should attempt to maintain
BY his argument propositions to the fol-
lowing effect: That certificates held by
rival claimants contradict each other and
are utilities. This being the case 1t is
the duty OF he senate to resort to second.
airy proof. As such secondary proof it is
competent to show that the house of rep
resentatives n senate, at the time they
voted for United States senators, con-
tanned a majority of members duly elected
to these bodies, and that in this case
there was no change in the membership
Of the Montana Legislature, from the
time it was OBSERVATION-DISCLOSURES %,
1889. to January l and 2, when the cleo
ton for United States senator's occurred.
In the absence of the certificate re-
quired by law showing the prima facie
right of the holder to a seat in the senate
it has q right to investigate aud adiudi-
cate the claims of the defacto members of
the legislature electing the claimants, but
not to 20 into the claims OF the dejure
members thereof. Upon these PROPOSE
tons in summarizing Col. PAYNE said
Sanderson and Power had been elected
senators from Montana by the legal legis-
lature of that state.
As to the position of the five Republi-
can members OF Silver Bow county whose
right to seats in the house was in dispute,
Col. Paine said if it were shown they
were entitled to seats, then the elec-
ton of Sanderson and Power is legal, if
not then the election of Maginnis and
Clark is legal.
Proceeding to the question of the du
ties and powers of the United States
senate in the investigation of the election
it's members. Col. Paine argued it could
not confne itself to the Eve members
from Silver Bow county whose seats we're
in controversy, but must prepare to 20
into all cases in which contests nay be
made. In Montana these would number
raore than sixty. Passing to the basis Of
the right of the members OF the legisla-
ture which elected Sanders and Powers to
sit and vote for United States senator,
Col. Paine stated that under the constitu-
ton of the state the governor and other
state officers were constituted q re-
turning board with sole power to issue
certificates of election to members of the
legislature. Certificates of election by
county clerks were not provided for in
any way nor are they of any force. Col.
Paine said the Few constitution super
coded the old territorial law which made
the certificates of county clerks prima
facie evidence of the right of members
of the legislature to seats.
The next proposition was that the sem
ate which elected the president pro tenn
Dec. 16, 1889, and the house which or
ganixed Nov. %. 1889, elected senators
and representatives and they composed
the constitutional legislature of the state.
There were no changes in the member
ship of the legislature so constituted be-
Saunders and Power were elected sena-
tors. Therefore they possess the prima
facie right to seats in the senate. In con.
went outside the record the committee
HOul0 u l1Oil THAI 6OutCC tnab oduu-
ders and Powers are legally and rightfully
elected senators from Montana.
Saunders unlimited to the committee
in behalf Of his colleague a statement
which he included in the record. 1t is to
in Silver Bow county for the Democratic
candidate and that the election officers
tailed to comply with the law in precinct
81 of that county.
Ex-Solicitor General Jenkss then began
the case for the Democratic claimants.
He said there were three points or ques-
tons to be determined.
First-Their prima fscie right to a seat
in the United States senate.
Seconds there, or was there a legis-
lature to elect senator's. There was, he
said, and the certificate of the clerk OF the
commissioners of Silver Bow county is
the only credential of the right of repre-
sentation from that county to sit
therein.
Third-In whom is this prima facie
| right existing? jerks said it existed in
Maginnis and CLARK.
Upon the first point jerks quoted from
the statute July. 1866, to show what con-
stitutes a prima facie right to a seat in
the senate. Possession of the certificate
of the governor. ever though it lacks the
seal and countersign Of the secretary Of
state fulflls the requirements Of the
: atute.
The legislature that met pursuant to a
proclamation of the governor was the only
legal legislature. jerks argued 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 members Of the legislature.
This being the case he insisted the Demo-
cratic legislature wa the legal legislature
and the persons elected by it arc the
rightful United States senators. He
argued that under the new law the state
canvass;ng board had the power to can
vass the vote and declare the result Of the
election IS to the adoption OF the consti-
tuition; the old law requiring the county
clerks to issue certificates to the members
Of the legislature il still in force. If it
was not still in force then the power to
declare the result Of the election and issue
certificates reverts to the governor - the
supreme executive Of the state.
jerks stated that the members of the