, 1890-02-20
BATTLE SMOKE.
The Senatorship Contest
Begun.
JENKS VERSUS PAINE.
The Two Counsel Open Their
Arguments.
A FULL ATTENDANCE PRESENT.
The Senate Committee Adj ourns
Until March /, After
Long Session.
A FULL ATTENDANCE PRESENT

WASHINGTON, Feb. 15.-The senate
committee on privileges and elections be-
gan the investigation of tho credentials
of the various claimants for seats In the
senate from Montana to-day.
Before the formal session began. Mr..
Sanders, one of the republican claim
ants. gave a brief statement of the si,ua-
tion.
There was q full attendance. the fol-
lowing interested persons from Montana
being present; San ders and Power, the
republican claimants Clark and Ma
ginnis, the democratic claimants A. J.
Seiigman, chairman of the republican
state committee; George II. Tinglcy ex.
treasury agent Mt the fur seal islands;
Congressman Carter. Charles Power, son
of the republican claimant; Colonel Al
bert y. Paine, counsel for the ropubli-
can claimants. and the counsel for the
dem ocrats. ex-Solicitor General jerks.
Colonel Paine presented the case in
behalf of the republicans. In the case
under consideration. Colonel Paine said
the certificates presented by the several
claimants contradicted each other aud
vcro nullitics, because they bore the
signature OF only one of the officers that
the law requires shall be attac he'd !
therefore the rights of the claimants
mus, be determined by secondary proof.
Colonel Paine gave resume OF the
facts of tho organization of the legisla-
ture. which are well known, there being
two houses, but only one senate.
As to the position Of the five Tepubli-
can members of Silver Bow county,
whose right to seats In the house were in
dispute, he said that II it were shown
that they were entitled to seats, then the
election of Sanders and Power was legal 4;
ifnoL then che election of Maginnis and
Clark was legal. The controversy at
this point arose as to the certificates OF
the democratic representatives from Sill
yer Bow county, Colonel Paine stating
that Governor White had issued ceriifi-
Gates to tho republican members.
Mr.. Maginnis, one of the democratic
claimants, denied this, saying that the
certificates were found unsigned in the
governors office after he vacated.
Both Sanders and Power stated that
their information was that the cortid-
Gates had been executed and sent TO the
members pv mail.
Proceeding to the question of the dulies
and powers Of the United States senate
and investigation of the election of its
members, Colonel Paine argued that II
the COMMITTEES decided 1t could go be-
hind the re turns OF the election oil the
members to the Montana legislature, IL
could not contine itself to the five mem
bers from Silver Bow county whose
seats were in controversy, but must pre-
pare to go into all the cases on which
contests might be made. These would
number more than 60. He quoted u
number ofauthorities to prove that a
member of the legislature who acted upon
any question IN pursuance OF his primu
facie right 10 seat had the same power
rs q member whose right to his seat was
un0ucstioncd, and that his vote could
not be vitiatcd subsequently.
Passing to the basis of the rights OF
the members OF the legislature which
elected Sanders and Power to sit and
vote for senator, Colonel Paine stated
tn at under the constitution OF the state
tho governor and other state officers
were constt uted returning board, with
the sole power to issue certificates OF
election to members oil, the legislature.
Certificates of election by the county
clerks were not provided for in any way.
nor were they of, any force. The new
constitution superseded the old ter
ritorial law which made the certificates
of the county clerks prima facie evidence
of the right of the members OF the legis-
lature to their seats.
The next proposition was that the
sennte, which elected a president pr,
tenn December 10, 1850, and the hous,
Which organized November %, 1889. con
tanned u majority OF legally elcctec
senator's and representatives, and they
composed the constitutional legislator,
i Of the state. There were no changes IL
tho members of the legislature SO con
stituted before the first and second day
OF anuary, when Sanders and Powe
were elected senators. Therefore, the,
possessed the prima iacie right for seat
In the senate.
Mr.. Sanders submitted to the commit
tee, in behalf Of his colleague, u state
mont to the effect that many illegu
votes had been cast In Silver Bow count.
for the dc m ocratic candidates, and tina
the election officials had failed TO com
ply with the law In precinct "a, of tina
county.
Ex-solicitor General jerks began tn
case for the democratic claimants. II
said that thera were three points, o
questions, to be determined: Firs,
was there prima facie right to seats II
tho United states senate? He aiiirme,
that there was, and that it was In favo
Of lIis clients.
Second, was there, or was there not,
lcgi islature TO elect the senators? Thcr
was, lie said, and the certificate of tn
clerk and commissioners OF Silver Bo,
county wusthe only credontial of tn
right OF tilc rcprescntatio from tina
county to seats therein.
Third, IN whom was this prima faci
right cXistingp
MIR. jerks said: at exists in Magin
mis- and Clark. They have the title, an,
they have right back of the title, from
the people, TO r,present the state O
Montana In the United States senate"
Upon the first point Mr.. jerks quote'
from the statute Of July, 1856. to sho,
what constitutes prime facic right to
scat in the senate. The possession @
the certificate of a governor, even thougl
IL lacked tho countcrsigu OF the secrctar,
Of state. fulfilled the requirements of th
statute.
, A culloq,iy here ensued, In whicl
several members Of the committee an
Jcnks took part, concluding with th
statement by Chairman Hoar that
was his understanding that the posses
sion of tho governors 5 certificate In itscl
} gave no force to tho claim OF the prim
iacie right.
Senator Teller sa,d that tho qucsti 10
before the committee was not who Ina,
evidence Of the title, or right, but 4
, whom tho title, or right, really beioIsgs
AS 10 the legality OF the legislature
l.A al.