Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-16
Contest Over The Montana United
States Senator's.
COLONEL PAINE's ARGUMENT.
Changes in Postmasters-A Bill to
Give Extra Pay to Old EN-
representations Notes.
lsrsgA1 DISPATCHES TO THE RRooED-usIos.l
MONTANA SENATOR'S.
The Silver Bow Crookedness Being In
vestiSated.

IN the Senate iIOn hOlIlalias OSAoA ~
formal session began Saunders. one of the
Republican claimants, gave brief state
ment of the situation.
There was a fall attendance OF the fol-
lowing persons interested from Montana;
Saunders and Power, Republican claim
ants: Maginnis and Clark, Democratic
claimants: a J. Seligman, Chairman of the
Republican State Committee; George Il.
Singley, ex-Treasury Agent at the Fur Seal
Islands; Congressman Carter; Charles
Power. son of the Republican claimant;
Colonel Halbert, E. Paine, counsel for the
Republican claimants. The counsel for
the Democrats is ex-Solicltor-Ge General
jerks.
Colonel Paine presented the case in be-
half of the Republicans. He said that he
should attempt to maintain by his argu-
ment q proposition to the following effect:
That the certificates held by the rival
claimants contradict each other and are
nullitie.; 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 Representatives
and the Senate, at the time they voted tor
United States Senators, contained msJorlt5
of members duly elected to these bodies.
and in this case there was no change OF
membership of the Montana Legislature
from the time it was organized, November
%. 1889. 10 January 11th and 18th, when
the election for United States Senators
occurred.
In the absence of the certificate required
by law showing the pri'td tdcie right OF the
holder to g seat, the Senate has right to
investigate and adjudicate the claims of the
de facto members of the Legislature elect
ing the claimant, but not to go into the
de hdrc fharpnf
Upon these propositions, in summarizing,
Coional Paine said that Saunders and
Power had been elected Senators from
Montana by a legal Legislature of that
State.
In the case under consideration, Colonel
Paine said that the certificates presented by
the several claimants contradicted each
other. and were utilities because they bore
the signature of only one of the officers
that the law requires shall be attached.
Therefore, the rights of the claimants must
be determined by secondary proof
Colonel Paine gave resume of the facts
of the organization of the Legislature,
which is well known, there being two
Houses but only one Senate. AS to the
position of the five Republicans OF Silver
Bow county, whose right to seats IN the
House is in dispute, he said that If 1t were
SuOWH lu6l IsaSy nStS
then the election of Saunders and Power
was legal; if not, then the election OF Nc
Ginniss and Clark is legal.
A controversy at this point arose as to
the certificates of the Democratic Repre-
sentatiyes from Silver Bow county, Colonel
Paine stating that Governor White issued
certificates to the Democratic members.
McGinuis. one of the Democratic claim
ants. denied this, saving the certificates
were found unsigned in the Governors
Office after be vacated
Both Saunders and Power stated that
their information was that the certificates
had been executed and sent to the men,
bers by mail.
Proceeding to the question Of the duties
and powers of the United States Senate IN
the investigation of the election OF us
members, Colonel Paine argued that if the
committee decided it could so behind the
returns of the election of members of the
Montana Legislature, it could not contne
itself to five members from Silver Bow
county, whose seats were III controversy,
but must prepare to go into ali cases IN
which contests may be made. In Montana
these would number more than sixty.
He cited number of authorities and de-
cisious to prove that member OF the
LEGISLATURE who acted upon the question
in pursuance of the prima facie right TO
seat, had the same power as member
whose right to seat was unquestloned,
and that his vote could not be Viiiafed SUBJ
sequently.
Passing to the basis of the right of mem
bers of the Legislature which elected Saun-
ders aud Powers to sit and vote for United
States Senator. Colonel Paine stated that
under the Constitution of the State, the
Governor and other State officers consti-
tuted a Returning Board, with sole power
10 issue certificates of election TO members
of the Legislature.
The certificates Of election b the County,
Clerks were not provided for IN any way,
nor are they of any force. Colonel Pane
said the new Constitution superseded the
old Territorial law, which made the GER
tificates of the County Clerks prima facie
evidence of the right of members OF the
Legislature to seats. The next proposition
was that the Senate which elected the
President pro tent, December 10, 1859, ana
the House which organized November 8,
1889, contained majority OK the legally
elected Senators and Representatives, and
they composed the constitutional Legisla-
ture of the State. There were no
changes in the membership of the Legisla-
ture SO constituted before the first and sec
ond DAYS of January, when Saunders and
Power were elected Senators, therefore
they possess n prima facie right 10 their
seats in the Senate.
In conclusion, Colonel Paine said if the
INQUIRY went outside of the record the
co,nmittee would find from that source IS
well. that Saunders and Power are legally
and rightlully elected Senators from Mon
tana.
Mr.. Saunders submitted to the committee
in behalf of himself and colleague state.
nient which will be included in the record.
1t is to the effect that many illegal votes
we're cast in Silver Bow county for the
Democratic candidates, and that the cleo
ton officers failed to comply with the law
in precinct 81 of that county.
THE DEMOCRATIC CLAIMANTS.
Ex-solicitor General jerks then began
the case for the Democratic claimants. He
said there were three points or questions TO
be determined:
First-Is there a prima fscie right to
seat in the United States Senator He af-
firmed there is, aud that it is in favor OF
his clients.
Seconds there, or was there, Legis-
lature to elect Senators? There Was, he
said, and the certificate OF the clerk OF the
Commissioners of Silver Bow county is the
only credentisl of the right of representa-
ton from that county 10 sit therein.
Third-In whom is this prima fscie right
existing? jerks said it existed in Maginnis
and Clark. They have the title, and 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 point jerks quoted from
the statute of July, 1866, to show what
constitutes prima facie right to seat in
the Senate-the possession of certificate
from the Governor, even though IL lacks
the seal and countersign of the Secretary
of State to fulfill the requirement OF TIE
statute.
a colloquy here ensued in which several
members of the committee and jerks took
part, concluding with statement from the
Chairman. 1t wss his understanding that
the possession of a Governors certificate in
itself gave no force to the claim Of priDa
facie right.
Senator Teller said the question before
the committee was not who has evidence
of title or right, but TO whom title or right
really belongs.
As to the legality of the Legislature,
jerks said the Legislature that met pursu-
ant to the proclamation of the Governor
was the only legal Legislature. jerks ar
eued that the new Constitution and ordi-
pauees of the State did not repeal the old
Territorial Iar uutpr which the County