The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-02-16
The nea.ins IN I.etaiI.

The senate committee on privileges and
elections began to-day the investi-
CATION Of tho credentials OF the vari-
ous claimants for seats in tho sen
ate from Montana. Before the formal ses-
sion began Col. Sanders. one of the republi-
can claimants, gave n brief statement Of
the situation. There was full attendance
of the committee.
Col. Halbert L. Paine is counsel for the
republican claimants. The counsel for the
democrats Is ex.Solicitor General jerks.
Col. Paine presented the case in behalf Of
the republicans. He sald lac would attempt
TO maintain by argument propositions to
the following effect: That the certificates
held by the rival claimants contradict and
nullify each other. This being the case il is
the duty OF tho senate 10 resort ~ second
airy proof. As such secondary proof it is
competent 10 show that the house of repre-
sentntiyes and the senate, az the time they
voted for United States senator's, contained
Il majority of the members duly elected 10
these bodies. and that as this WAS the case
there was no change in the membership Of
the Montana legislature from the time IL
organized on Nov. q, 1889. TO Jan. and 2,
1880. when elections for United States sena-
tors occurred In the absence of the certificate
required by law showing the prima facio
right of the holder 10 seat, the SENATE has
the right to investigate aud adjudicate the
claims of the de facto members Of the leg
islature electing the claimants but not TO
go into the claims of the de jure members
thereof. In summarizing, Colonel Paine
said that Sanders and Power had been elect
ed senators from Montana by the legal leg
isloture Of the state.
In the case under consideration, Colonel
Paine said, tho certificates presented by the
several claimants contradicted each other
and were nullities, because they lore the
signature Of only one Of the officers that
the law requires shall be attached. There
fore the rights Of the claimants must be de-
teruined by secondary proof.
Col. Paine gave resume of the facts Of
the organization Of the legislature, which is
well known, there being two houses but only
ono senato. AstO the position VI the five re-
publican members OF silver Bow county,
whose right 10 seats IN the house was in
dispute, he said If it were shown that they
were entitled to their seats, then The cleo
tion Of Sanders and Power WAS legal IL not
then the election Of Maginnis and Clark
was legal.
A controversy NJ this point nrosc M 10 the
certificates of the democratic representa-
tives from Silver Bow county. Col. Paine
stated that Gov. White had issued certih-
Gates TO the democratic members. Magn-
mis-. one of the democratic claimants. denied
this, saving the certificates were found un~
signed in the governors Office nftur he had
yacated. Both Sanders aud Power stated
that their information was that the certii-
Gates had been executed and seat 10 the
members 10y mnil.
Proceeding 20 tue question of tho duties
and powers of the United States senate in
an investigation Of the election OF its Inem-
bers, Col. Paine argued that If the commit
tro decided IL could go behind the returns
Of the election Of tue members of tue Mon
tann legislature. II could not conilne itself
10 the Ave members from Silver Bow coun-
" whose sents were in controversy, but
aust prepare 20 20 into all cases in which
contests may be made. In Montana these
would number more than sixty. He quoted
number Of authorities To prove that
member OF the legislature who acted upon
any question in pursuance OF prirna iacie
right 10 tho seat, Ind the same power us
member whose right 10 his seat was ut-
questioned, nnu that his vote could not b.
yitirted subsequently.
passinc 10 the basis Of the right of the
members of the legislature which elected
Sauders and Power % sit aud vote for
United States senator's Col. Paine stated
that under the constitution of the state the
] governor and other state officers were con-