The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-16
THE ROUND THAT TELLS
nsolana's Memorable Fight Coming to
Its Finish.
BOTH SIDES WERE HEARD
But it viii Be a Miracle ~ Political
Preference Doesn't Get
Away with the
Facte.

Facts.
Special to the standard.
WASHINGTON, Feb. 15.-If Sanders and
Power had come to Washington with ~
gour1 case, il would have been a comfor-
tahSe thing for them and tine eminent
counsel they employed to present to the
senate committee on elections. As IL was,
Lawyer Paine, whom they employed and
who has not yet had time tn familiarizc
himself with the facts about tho election
in Montana. blunsiered badly to
keep Sanders constantly correcting his
stasements and manifesting symptoms of
mental Distress. The whole committee
was present aud there was i'm the room
quite throng of Montana people. While
ColOnel Sanders walked the floor tn keep
track of his laundering counsel, Power sat
i'm tAe corner.
Clark and Maginnis, with their council,
followed the three-hour argument attcn-
tiveAy. Other spectators included Carter,
Tinofey, May, j. Ii. Claybcrx, A. Nj.
Thuanburg, Mr.. Hamburger, Charlie
Power. A. j. Seli9inan and Il. NJ. Thoml~
son. Mr.. DAILY being unwcll, was unable
70 attend the hearing. Ex-Governor
Hauser and Colonel Broadwater, who
had been expected present, were de-
tained at the other end Of town btisi-
meas engagements. After Lawyer Painc
had spent three hours chiefly i'm expos
ing the weakness of the republic
can case, ex-Solicitor-Gensral jerks.
without referring tn notes, very clearly
and eonpactly set forth, in argument for
Clart and MaHinnis, that they were EN-
titled 10 seats because they had bs,s,n
choesn by the lawful legislature, that they
had neen legally certified by tlic governor
and Mot the election by which the leRis-
laturs had been chosen with a democratic
majority had been conducted regularly
and fairly.
Tho comments made by Senators Hoar
and Teller during the argument indicated
that the disposition of the republicans is
to take the side of Sanders and Power.
They plainly intimated that they
WOULD use the privilege of deciding the
ease vsthout refercncc To certificates and
canvssstng boartis. IL the case should IN.
decidsd ON the merits of argument made
to-day, shefr would bc no question tn
Maginsis. Ttth such partsaiss Hoar,
Evar1S Sfnn Teller and Spooner az
| jssaaas S0dnft1 Hide short of q sssirscl.s
All the western and northwestern con.
gressrnen are listening fortnight to a talk
by Major Powell on irrigation.
| MIR. Carter has secured from MIR. Wind.
rum, supervising architect of the treasury,
| u favorable report his proposition Ia
| erect n $4U,UD public building in Helena
The senate bill already reported appropri
atcs only Si5O,uO.
| by Associated Press.
WAsHINGToN, Feb. 15.-To-slay the sen
ate committee ON privileges and elections
| began an investigation Of the credentials
| OF the various claimants for seats In the
| senate from Montana. Before the formal
session was begun Sanders, one Of tie
| republican claimants, gave n brief state
ment of the case. Col. Paine. on behalf al
| the republicans, said he would attempt q
| maintain by argument propositions to ths
| effect that the certificates held by the
.l:niu Iis.f
| each other. This being the case il IL the
| duty OF the senate to resort To sccontlar,
| proof. A. such secondary proof il il com
| petcnt tai show that the house. of repre-
| sentatives and the senate at the time the,
| voted for United States senators contained
| "a majority of members duly elected Il
those bodies and that the show
| no change i'm the membership of the leg
islature from the time IL organized oi
| November 2:s, lssS1, tn january 1, 1ssO. .wheI
the election for United States senators 90
| Cured, in the absence of certificates re
quircd by law. showing prina facic rigtl
| OF the holder of seat, the senate has tn
right To investigate and adju,iicate til
claims of the dc facto members Of th
Legislature electing the claimants, but mo
to- go into the claims of the de jnrs, men
bers thereof.
In the case under consideration Colons
Paine said the certificates presented b
the several claimants coutrAsiictcd eisc
other. and were nullitics because the
bore the siRniture of only one of the oi
fcers that the law requires shall he al
tached. Therefore the rights of tn
claimants must he decided by secontlar
proof. Colonel Paine gave "a resume q
the facts of the organization of the lcRi,
laturc, which are well known. there bcin
| two houses, hut only one senate. A.
the position of the five republican men
| tprs of Silver Bow county whose right
seats in the house il i'm dispute. he said
| IL were shown they were entitled tn seat
| then the election of Sanders and Pows
was legal; il not, then the election 4
Maginnis and Clark was legal. A contr,
ver-y at this point aross. as tn the certif
Gates of the democratic representative
| from Silver Bow county. Paine statin
that Governor White had issued certif
Gates to the democratic members.
Maginnis. of the dcInoC cratic claim
ants, denied this, saying the certiflcats
had been found unsigned i'm the govern
or's office after h.. vacated. Both SANDER
= and Power stated that their inforinatiu
J. was that tlse certificates had been execute
: and sent to the members 10y mail.
: Proceeding tai the question of the dItis
| and powers of the United States senate.
am investigation of an election OF its rner
: bers. Paine argued that IL the commits
y decided il could go behind the returns
th. election of the Montana Legislature,
could not conflne itself to five menbs.
from Silver Bow county. whose seats we