Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-02-18
THE CONTEST.
The Montana Senatorial Con-
test Opened in Washington
According to Previous
Announcement.
The Democratic Case IS Nota-
bly, Weak and Relies Solely
on County Clerks
Certificates.
MONTANA DAY.
Argument Before the senate Committee ON
Privileges and Elections.

Argument Before the senate Committee ON
Privileges and Elections.
WASHINGTON. Feb. l5.-The senate
committee on privile yes aud elections
began the Investigation OF ne creden-
tials Of the various claimants for seats
in the senate from Montana. Before
the formal session began Col. Sanders,
one Of the republican claimants, gave
a brief statement of the situation.
There was full attendance of the
committee. The following persons in.
terested ON Montana were present:
w. +. Sauders and 7. Z. Power, re-
puolicans; w. A. Clark and NJ. Ma
ginnis, the democratic claimants; A.
J. Seligmsn. chsirmen of the repubii-
can state committee; Geo. II. Tingle.
ex.treasury agent at the fur seal
islands; Congress Carter and Chas.
Power, son Of he republican claimant.
Col. Halbert +. Paine IL counsel for
the republican claimants. The counsel
for the democrats is ex-Solicitor Gen.
jerks. Col. Paine presented the case
In behalf of the republicans. He said
he would attempt to maintain by ar.
gument propositions t. the following
effect: That the certificates held by
the rival claimants contradict aud
nullify each other. This being the
Gaze, II is the duty Of the senate to re-
sort to secondary proof. As slch
secondary proof 1t is compe ent toshow
that the house of representatives and
the senate. at the time they voted for
United States senators, contained q
majority of the members duly elected
to those b dies, and that as this was
the case, there was no change in the
membership Of the Montins leg!sla-
ture from the time 1t sss organized on
Nov. %, 1890, to Jan. l aud 2, 1890.
when the elections for United States
senators occurred. In the absence Of
the certificate required by law, show
ing the prima fsce right Of the holder
to seat, the senate has right to in"
vestigate and adjudicste the claims of
the de faceo members of the legislature
electing the claimants, but not to go
into the claims Of the de ilre mem-
bers thereof. upon the.e propositions.
In summarizing Col. Paine said that
Sanders and Power had been elected
senators from Montana by the legal
legislature Of the state. In 'he case
under consideration, Col. Paine said,
the certificates presented by the sew
eral claimants coutradicted each other
and were nullities. because they bore
the signature Of only one Of the officers
that thelaw requires shall be attach ed.
Therefore the right Of the claimants
must be determined by secondary
proof. Col. Paine gave . resume Of
the facts of the organizst on Of the
legislature. which 10 well known, there
| eing two houses, but only one senate.
As to the position Of the five republic
can members Of Silver Bow county,
whose rights TO seats in the house was
In dispute, he said that II 1t were
shown that they were entitled to
their seats. then the election of Sau.
ders and Power was legal; II not. then
the election Of Maginnis and Clark
was legal.
Proceeding 10 the question Of the
duties aud powers Of the United States
senate in an investigation Of the pow
ers Of its members. Col. Paine argued
that II the committee decided II could
20 behind the returns Of the elections
of the members Of the Montana legis-
lature, IL could not confine itself to
the Ave members from Silver Bow
county whose seats were In contro-
versv, but must prepare u 10 into all
cases In which contests may be made.
In Montana these would number
more than sixty. He quoted . num-
Der Of authorities to prove that's men,
bsr Of the legislature who acted upon
sny question 10 pursuance Of prima
facle right 10 the seat, had the same
power ~ . member whose right 10 bis
seat was unquestioned. and that his
vote could not be viiiatsd subsequent
ly. Passing TO the basis Of the right Cf
the members Of the Legislature which
elected Sanden and Power to cit and
vote for United States senstors. Col.
Paine statsd that under the oonstltu-
tiou OF the state the govsrnos and other
state offlcsrs were constituted return
! Ing board with the sole power to issae