New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-16
FOR SEATS IN THE SENATE.
THE RIVAL CLAIMS OF THE MONTANA RE
PUBLICANS AND DEMOCRATS HEARD.
THE SENATE COMMITTEE on PRIVILEGES AMI
E1ErrIoxs LISTENING TO ARGUMENTS
BY COUNSEL.

BY COUNSEL.
Washington, Feb. 15.-The Senate Committee on
Privileges and Elections began to-day investigation
OF the credentials of the several claimants from Mon
tana for seats in the Senate Before the formal session
began, Mr. Sanders, Of the Republican claimants.
gave brief statement of the situation. There was
full attendance of the Committee. Col. Habert E.
Paine. counsel for the Republican claimants. Mcssrs
Sanders and Power. said that he should attempt TO
maintain by his argument, propositions to the follow
ing effect:
That the certificates held by the rival claimants in
this case contradict each other and are utilities This
being the case ii the duty of the Senate to resort to
secondary proof to determine which of the claimants
is entitled to a seat
AS such secondary proof. it is competent to show
that the House of Representatives and Senate at
the time they voted for United States senators con
tanned majority Of the members duly elected u
these bodies and that in this case. there was no
change in the membership of the Montana Legs
lature. from the time it was organized November 3D.
1850. TO January / and >. when the election loI
United states Senators held. In the absence VI
the certificate required by law, showing prla laC'o
right of the holder to seat the Senate has the rSh'
TO investigate and adjuGcate the claims Oh NC ld'V
members of the Legislature eecng the claimant ou'
not TO 90 into the claims of de ure members thereof
Upon these propositions. in SUMMARIZING Colohci
Paine sold that MessrS Sanders and Power h~i ne"
elected Senators from the state of Montana Nv .ho
LEGAL Legislature Of that State. Proceeding III Ms
argument Colonel Paine said that. IN the case u''ue,
consideration the certificates presented BY the several
claimants contradicted each other and were nulteS
because they bore the signature of only one Oh inc
officers whose signatures the law requires sh"li "
attached therefore, the rights OF the cluhal's mus
be determined by secondary proof CoioheI td'i'o
reviewed the facts Of the organization OF tAc hcH'
latnre which are we'll known. there being two Houses
10 fha
Republican members of Silver Bow County Whoso
right 10 seats In the House is in dispute. he SAID
that IL IL were shown that they were ent''ied 10
seats then the election Of Messrs sanders ana rV"oi
on January l and >. 1890. was legal ana 'neS Mo'0
rghtfully elected senators. II they were ho'' t"o
ire eloction of Messrs. Magnnis and Clark on Jan
uarv and was legal and the later were e"''''''
10 seats in the United states senate
controversy al this point arose as TO the CeEu'
6cates of the Democratic representatives from silver
Bow County-Colonel Paine stating that ''oNcii,o-
White the Territorial Governor, had issued cerlhcaVc
TO the Democratic members. Mr.. MasnhlN' one Va
The Democratic claimants denied this, saying that tho
certificates were found, unsigned, in the Governor
Office after he moved out of it, Both MI sanders
and Mr. Power said that their information was thas
the certificates had been executed and sent 10 'ho
members by mail.
Proceeding 10 the question of the duties and powers
of the United states senate in the investigation VI o
election of its members, Colonel PANE aiBueu "'N'
II the committee decided could go behind the returns
OF the election of the members OF the Montana Legs
latpre IL could not conne itself TO the i've members
from silver Bow County, whose seats are IN contrO-
versy, but must prepare to 60 into all the eases III
which contests may be made In Montana theSe
would number more than sixty. lie cited a NUMBER
OF authorities and decisions to prove that mcWOeI
of Legislature who acted upon any question III
pursuance Of a prima facie right TO scat had inc
a rncmbeP whose richt TO seat "'a
rnauestioned and that his could not be vitated
subsequently.
Passing to the basis of the right OF the members OF
the Legislature which elected Messrs sanders anu
Power to sit therein and vote for United states Sehd
tor Colonel Paine stated that by an ordinance OF the
late Constitutional Convention, the Governor the
Secretary and the Chief Justice were constituted
Returning Board with sole power to issue ccghca'ea
OF election to members Of the Legislature CeFtihcaS
Of election by county clerks were provided for N
any way: nor are they OF any force the speaker
added. Colonel Paine said that the constitutional
ordinance superseded the old Territorial law "mch
made the certificates OF the couny clerks prima acc
evidence Of the right OF members Of the Legislature
TO seats therein and he quoted at length from the
Constitution and ordinances passed under II In sup
port Of his position
The next proposition was that the Senate which
elected a President pro TEN. December 10, loo9 ana
the House which organized November %, 15s0, con
tanned majority VI INC trdAl CIV W D'H~N''7 ~
Representatives ana they composed the constitutional
Legislature of the state. There no changes in
the membership Of the Legislature so constituted
before Jauary ! aud =, when MessrS. sanders ana
Power were elected Senators. Therefore, they pos
sess prima facie right 10 seats in the Senate
In conclusion Colonel Paine said that il the inquiry
went outside the record the Committee would lind from
that sorrco as well that Mesrs sanders and Power
the legally and rehtfully elected Senators from Mon
tana.
ExSOcitOr General jerks at l O'Clock began the
case for the Democratic claimants. lie said that liz
this case there three points Of questions to be
Undermined
l. Is there a prma facc right to a seat in the
United states Senate lie affirmed that there IS, and
that il is in favor Of his clients
. Is there or was there, Legislature TO elect
Senator's There was, he said and the certificate Of
the Clerk Of the Commissioners Of Silver low County
is the only cIedenlal of the right Of representatives,
from that county TO sit in the legislature.
g. In whom is this prima-faoic right existing Nj.
Jenks said that it existed Me-srs. Maginnis and
Clark They have the titlc and they have the right
back Of the title, from the people, 10 represent the
state of Montana In the United States Senate.
Upon the first point Nj. jerks quoted from the
statute of July, loco, to show what constitutes q
prna-fdc.e right to seat in the senate. The pos
session Of the certificate Of the Governor though
1t lacks the seal and cOunteisgn Of the secretary Oi
state fudls the requirements Of the statute
a cOiloquy here ensued, IL which several members
Of the committee and Mr.. jerks took part, concluding
with the statement by Chairman liOar that 1t was
his understanding that the possession Of the GOV
eInors certificate, in ITSELF gave force TO the claim
OF prlMd 1acle rirht.
As 70 the legality OF the Legislature, Mr. Jenis said
the Legislature that met pursuant TO the proc auld
ton Of the Governor the only legal Les Stature
10y proclamation Of November H. Governor 1OJie con
Nened the Legislature on November % BY q sub
scIuent proclamation, Of November p, the Governor
directed the Legislature to meet at the Helena COurI
House, and the membership IN the Legislature wt>'
by the terms OF the proclamation, limited 10 those who
held certificates from County Clcrds Later still, Mr
jerks continued. the Governor wrote a letter T. tie
.antor of the Court House. directing him 10 admit II
the building all persons claiming TO be member.
whether holding certificates Of County CLERKS Of the
State Canvassing Board.
Mr.. sanders interrupted the speaker 10 say that
this letter sent to the janit0r at fifteen minutes
haLd ~