Los Angeles daily herald., 1890-02-16
THE MONTANA MUDDLE.
Who Are Her Rightful
United States Senators?
ARGUMENT OF THE CASE BEGUN.
Both Sides Represented by Able
COunsel-The Facts in the
Case Reviewed.
Ass ociated Press Dispatches to the HERALD.

associated Press Dispatches to the HERALr
WASHINGTON, February 15-The Sen
ate committee on privileges and election
today began its investigation of the ere
dentials of the various claimants for seat
in the Senate from Montana. Before th'
formal session began, Saunders, one o
the Republican claimants, gave brie
statement of the situation. There was
full attendance of the committee, anG
the following interested persons from
Montana were present: Saunders ant
Power, the Republican claimants; Ma
Ginnis and Clark, the Demo
cratic claimants; A. J. Seligman
chairman of the Republican State
committee; George R. Tingley, ex'
treasury agent at the fur seal islands
Congressman Carter, Charles Power, son
of the Republican claimant; Col. Hal.
bert, E. Paine, counsel for the Repub-
lican claim ants. and counsel for the Dem
ocratic claimants, ex-Solicitor- General
jerks.
Col. Paine presented the case on be-
half of the Republicans. He said he
should attempt to maintain by his argu-
mert a proposition to the follow
ing effect: That the certificates held
by the rival claimants contradict
each other and are utilities. This
being the case, it is the duty of the
Senate to resort to secondary proof.
AS such secondary proof it is competent
to show that the House of Representa-
tives and Senate of Montana, 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 of mem
bership of the Montana Legislature from
the time it was organized, November "a,
1889, to January 1st and End, when the
election for UniEed States Senators oc.
Cured. In the absence of the certificate
required by law, showing the prim,a facie
right of the holder to a seat,
the Senate has the right to investigate
and adjudicate the claims of the de facto
members of the Legislature electing the
claimant, but not to 60 into the claims
of the de jure members thereof.
Upon these propositions, in summariz.
ing, Col. Paine said Saunders and Power
had been elected Senators from Mon
tana by the legal Legislature of that
State.
In the case under consideration, Col.
Paine said the certificates presented by
the several claimants coHtradicted each
other, and we're nullities, because they
bore the signature of only one of the
officers that the law requires shall be at
tached. Therefore, the rights of the
claimants must be determined by Sec
ondary proof.
Col Paine then gave resume of the
facts concerning the organization of the
Legislature. which are we'll known. there
being two Houses, but only one Senate.
As to the position of the five Republican
members of Silver Bow county, whose
right to seats in the House are in dis
pute, he said if it were shown that they
were entitled to seats, then the election
of Saunders and Power was legal If not,
then the election of McGinnis and Clark
was legal.
A controversy at this point arose as to
the certificates of the Democratic Rep
resentatives from Silver Bow county,
COL Paine stating that Governor White
issued certificates to the Democratic
members. McGinnis, one of the Demo
cratic claimants, denied this, saying the
Governors Office after he vacated. Both
Saunders and Power stated that their in
formation was that the certificates had
been executed. and sent to the members
by mail.
Proceeding to the duties and powers of
the United States Senate in the investi-
CATION of the election of it's memb bers,
Col. Paine argued that if the committee
decided that it could go behind the re-.
turns of the election of the members Of
the Montana Legislature, it could not
confine itself to the five members from
Silver Bow county, whose seats were in
controversy, but must prepare to 60 into
all cases in which contests may be made.
In Montana these would number more
than sixty. He cited number of au-
thorities and decisions to prove that q
member of the Legislature who acted
upon any question in pursuance of his
primo facie right to a seat, had the same
power as member whose right to seat
was unquestioned, and that his vote
could not be vitiated subsequently.
Passing to the basis of the right of
the members of the Legislature which
elected Saunders and Powers TO sit and
vote for United States Senators, Col.
Paine stated that under the constitution
of the State, the Governor and other
State officers were constituted return
ing board, with the sole power to issue
certificates of election to members of the
Legislature.
Col. Paine said the certificates OF cleo
ton by County Clerks were not provided
for in any way, nor are they of any force
The new constitution superseded the ole
Territorial law, which made the certifi
Gates of County Clerks prima facie evi
dence of the right of members Of the
Legislature to seats.
His next proposition was that the Sen
ate which elected q President pro ten
December 16, 1889, and the House which
organized November %, 1889, contained
a majority Of legally elected Senators ane
Representatives, and they composed the
constitutional Legislature of the State
There were no changes in the member
ship of the Legislature so constituted
before the 1st and I'd days Of January
when Saunders and Power were electet
Senators. Therefore they possess {
prima facie right to seats in the Senate
In conclusion, Col. Paine said if tht
inquiry went outside the record, thu
committee would find from that source
as we'll, that Saunders and Powers are
legally and rightfully elected Senators
from Montana.
Saunders submitted to the committee
Il L ALL oryt5c q