St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-02-16
Claimants for Seats in the
Senate From Montana Con-
tPadiet Each Other.
Presentation Of Their Re-
speetive Cases to the Com
mittee on Elections.
Counsel for the Democrats
Has the Best Of the Con-
f1ieting Argument.
Charges of Fraud in the
Homestake Tunnel Pre-
einet Are Disproved.


WASHINGTON, Feb. 15.-The senate
committee on privileges and elections
today began an investigation of the
credentials Of the four claimants for
seats iii the senate from Montana, Be-
fore the formal session began, Col. w.
+. Sanders, one of the Republican
claimants. gave brief statement of the
situation. There was a full attendance
OF the committee, and the follow
ing persons interested from Montana;
Messrs. Sanders and Power, Republican
claimants; Messrs. Maginnis and Clark,
Democratic claimants; A. j. Sellgman,
chairman of the Republican state cons
m ttee; George r. Tingle, ex-treasury
agent at the fur seal islands. Congress
man Carter, Charles Power, son of the
Republican claimant; Col. Halbert e,
Payne, counsel for the Republican
claimants. The counsel for the Denla=
Gratis is eX Solicitor General jerks. When
the. committee found itself with
quorum, Col. Halbert E. Payne, eoun=
sci for the Republican claimants. Messfs,
Sanders and Powers, began the presen-
tation Of the case in their behalf. He
said that he should attempt to maintain,
by his argument, propositions to the fol-
lowing effect: That the certificates held
by the rival claimants in this case con-
tradict each other and are utilities.
This being the case, it is the duty of the
senate to
RESORT 20 SECONDARY PROOF
to determine which of the claimants is
IAH tn cnnf Ao dow
proof it is competent to show that the
house of representatives and senate, at
the time they voted for United States
senator's, contained majority of the
members duly elected to these bodies;
and that in this case there was no
change in the membership of the Mon
tana legislature, from the time it was
organized. Nov. %, 1859, to Jan. l and 2,
when the election for United States
senators occurred. In the absence OF
the certificates required by law, show
ing a prlma facie right of the holder tc
seat, tile senate has the right to inveSti-
gate and adjudicate the claims of de facto
members OF the Legislature eiectlng the
claimant, put not to go into the claims
of de jure members thereof.
Upon these propositions, in sum
mariZing Col. Payne said that MeSsrS. /
Sanders and Power had been
elected senators from the state of Mon
tana by the legal legislature of that
state. In the case under consideration,
proceeding with his argument, Col
Payne said that the certificates present
ed by the several claimants contradicted
each other and were utilities, because
they bore the signature of only one of
the officers that tue law requires
shall be attached; therefore, the
rights Of the claimants must
be determined by secondary proof.
Col. Payne gave resume Of the facts of
the organization of the legislature,
which are well known, there being two
houses, but only one senate. AS to the
position of the five Republican
MEMBERS FROM SILVER BOW COUNTY,
whose rights to seats in the honse is IN
dispute, he said that if it were shown
that they were entitled to seats, then
the election of Messrs. Sanders and
Power on the 1St and I'd of January,
1890. was legal, and they are rightfuIly
elected senators. Ii they were not, then
the election of Messrs. Maginnis and
Clark on the 18th and Sth of January was
legal, and they are entitled to
seats in the United States SEN
ate. A controversy at this
point arose as to the certiti-
Gates of the Democratic representative
from Silver Bow cOunty-Col. Payne
stating that Gov. 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 unsigned in the governors Office
after he vacated. Both Mr.. Sanders
and Mr.. Power stated that their in
formation was that the certifi-
Gates had been executed and
sent to the members by mail.
Proceeding to the questions of the du-
ties and powers of the United States
senate in the investigation of the cleo
ton of its members, Col. Payne argued
that if the committee decided 1t could
go behind the returns of the election of
the members of the Montana legisla-
ture, it could not confine itself to the
five members from Silver Bow county,
whose seats are in controversy, but
must prepare to 90 into all the
cases in which contests may
be made-in Montana there would not
be more than sixty. He cited a number
of authorities and decisions to prove
that a member of the legislature who
acted upon any question in pursuance
of a prima facie right to seat had the
same power as member whose right
to a seat was unqueStiOned, and that
his
3 VOTE COULD NOT BE INITIATED
subsequently. Col. Payne read from the
report of the late Senator Carpenter, in
the contested election case of Sykes VS..
Spencer, in which the author laid down
six propositions of fact and four of law,
with all of which the speaker said he
agreed, except the last proposition of
law. That stated that the senate of the
United States, in determining the right
of a claimant to a seat in that body,
could determine whether or not the
members of the state legislature, claim
ing to be elected, were in fact legally so
ell Ted. This proposition Col. Payne
So vas hOpelessly at variance with all
IT,. Authorities, and was enumerated by
its arthur uuder the influence of the
near approach of state election. Col.
Payne also quoted tile record of the case
Of Senator Turpie "a member of the
committee present. decided in
1883, in which contest was
made in behalf of Senator
(now presidenO Harrison. In that case
the committee decided that it could not
question the legality of the election of
the two members of the Indiana legisla-
tnre. whose right to seats and votes was
questioned by the Republicans. Pass
ing to the basis of the right of the
members of the Legislature which
elected Messrs. Sanders and Power
to sit therein and vote for
United States senator. Col. Payne
stated that under the constitution
of the state the governor and other
state officers were constituted return
tificates of election to members Of the