The Washington critic. (Washington City, D.C.) 1890-1890, 1890-02-16

Jenks MAKES strong ileo LOT the
Democrats.
The Senate Committee on Privileges
and Elections yesterday began the hear
ing of the contested election cases in
Montana.
Mr.. Payne, counsel for Messrs. Saun.
ders and Powers, opened the hearing
with an argument claiming that the
Legislature In Joint assembly voted for
Saunders and Powers and claimed that
they were duly elected and entitled to
seats in the Senate, unless that body
could 20 behind the Legislature and
prove that they were unqualified for
the position or had obtained their seats
by bribery and fraud
In the case now under consideration,
he said, the certificates of election con.
tradict each other. two lacking the
signature of the Governor, and two
lacking the signature of the Secretary of
State. The Journal Of the House, he
said, showed that in Joint assembly
Saunders and Powers had been elected.
He reviewed at some length the action
of the Legislature, arguing TO prove
that the five Senators and ten Rep
resentatiyes occupying their seats
Juuudly j. anu ultCl Ndlu SNlNtCut
were Senators and Representatives
respectively until their eviction.
If, he said the Senate committee in
the present case should cndeavor TO de-
termine what members of the Legisla-
ture voting for Saunders and Powers
were legally elected, their action could
not be restricted to Silver Bow County,
but must extend to the sixteen members
of the Senate and fifty-tive members of
the House who voted for Senator'S and
the Senate at the outset Of an election
must prepare q code of regulations for
determining the validity of the cleo
tions of members of the Legislature,
some thing which had never heretofore
been considered necessary.
This doctrine. said Mr.. Payne, had
no basis in common sense. He quoted
briefly from the report in the
case of Senator Turpie 1SSS),
when it was held that the Senate
could not qucstian the authority Of a
member of the Legislature to vote for
Senator when he held the certificates
emitting him to vote in accordance with
the provisions of law.
Mr.. Payne read an extensive argu-
ment to show that, under the constitu
tion of Montana, the action of the
board of canvassers was final in the
determination of the qualifications of
those entitled to receive the certificates
of election and participate in the or
ganization of the Legislature. If this
was true, he said, then the thirty men
gathered together November 90 consti-
tuted the House of Representatives,
under the Constitution, and were IL ma
iority of the members of that House.
Mr.. Payne reviewed at some length
the technichal points of the Silver Bow
contest, and with this closed his case.
Mr.. Saunders, for himself and Mr..
Powers, presented history, from theil
point Of view, of the contest and organ.
iZation Of the two Legislatures and an
argument in favor of the validity Of theil
certificates.
AT 1 o'clock ex.Solicitor General
jerks began an exhaustive argumentiu in
favor of the Democratic Senators
Messrs. Maginnis and Clark. He said
that there were three points to be set
tied:
/. Is there prinn facie right to seat il
the United States Senate? lie affirmed that
there is, and that it is in favor of hi
clients.
2. Is there, or was there, Legislature tt
elect Senators? There was, he said; ant
the certificate of the clerk of the Commits
sioners of Silver Bow County is the onll
credential of right of representation froH
that county to sit therein
8. In whom is this prlma fdcie right ex
isting? Mr.. jerks said that it existed il
Messrs. Maginnis and Clark. They hav,
the title and they have the right back of th,
title from the people to represent the STATE
of Montana in the L. 5. Senate.
Proceeding TO amplify these points
Mr. jerks gave full history of the
trouble in Montana, and contended tha
every requirement of the law had beer
fulfilled in the precinct of Silver Bow
County, whose vote was thrown out by
the Republicans. He claimed tina
the judges of elections who declared
the vote had the final decision, and tina
they could not be overruled by tn
county clerk or Legislature. The ar
gument ended with a few words from
Mr.. Payne in reply, and the committee
then went into secret session, adjourn
ing to meet again in two weeks.