Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-30
THE MONTANA ELECTION CASE,


ate Session To-Day
The galleries OF tee Senate chamber were
again fiiedat the opening of toi.y's ss ssio wa;le
at the same time there was a rather slim atee.5-
spce OF Senators. The latter fact was called to
the attention OF the chair by Mr.. Henderson
(Neb. J, who has been designated as parliamen-
tary leader on the republican side. call Of
the Senate then had, and forty-sevcn SEN
ators having responded, the Journal of yester-
dav was read.
The Vice President laid before the Senate the
resolution reported from the committee on
privileges and elections declaring Lee Mantle
tappointed by the governor of Montana) en-
titled to his seat in the Senate.
TO INvEsrIG ATE SENATOR POWER.
Mr.. Chandler (N.H.) asked unanimous con-
sent to withdraw the resolution offered by him
Yesterday and to substitute for it one directi ng
the committee on privileges and elections 20
investigate a statement derogaratory to Sem
ator Power of Montana contained in the Wash
ington Post of yesterday. and to report whether
any, and if SO, what action should be taken
thereon by the Senate, with power to send for
persons and papers.
Mr.. Vest {Mo. said tilat he would not object
to the resolution. He had expressed his opin-
ion yesterday In regard to investigating news
paper charges and he reasserted his deliberate
opinion that if the Senate vent into tina, matter
Mr.. Harris Glenn. remarked that the resolu-
ton should go under the rules to the commit
tee on contingent expenses
MIR. Sherman (Ohio) made the point of order
mat under the rules they now stood (even
pending question of special privilege like
that of the admission of Senators) the morn
ing hour was expressly reserved. and that no
other business was in order until the morning
business was completed, or until the hour of
O'Clock.
Mr.. Chandler said he only asked to offer
substitute for the resolution he had offered yes-
terday, and then let the matter go over under
the rule The matter went over.
MIR. Teller (Coio.) asked and obtained leave
of absence for the remainder of this extraor-
dinary session.
Mr. Mitchell (Ore.) inquired what business
was before the Senate.
The Vice President decided that the resolu-
tion for the admission of Mr.. Mantle as Senator
from the state OF Montana Was before the
Senate.
ME. MITCHELL AGAINST THE MAJORITY.
Mr.. Mitchell. member of the committee on
privileges and elections. addressed the Senate
in opposition to the majority report and in de-
fense Of the minority report, which declares
Mr.. Mantle not eu:itled to the seat. The
question involved was. he said, not only
one of the highest privileges but one
of trauscendent importance. 1t was
one the decision of which did not
depend upon the determination of any qces-
tion Of fact. but rested solely on constitu-
tional and statutory constructions. 1t might
seen, somewhat strange that there should
be, after the lapse OF over a hundred years
since the adoption Of the Constitution.
room for any serious difference Of opinion
as to whether the executive of state
had or had not the constitutional power
Gin given case) to confer on a citizen, by ap-
pointment. the right to a seat temporary or
otherwise. in the Senate of the United States.
And yet the report ON the case under consider
alton and the debate upon it showed that that
was SO.
Mr.. Mitchell went on to argue his side of the
question on legal and constitutional principles.
STRONG POINT.
One strong point in Mr.. Mitchelrs argument
was punctuated and emphasized through q
question put to him by another minority men,
Der Of the committe-Mr. Vance (N. Gas
to whether he could point out
any case in the Constitution where "a duty
being primarily imposed upon an oficer) the
duty of performing that duty WAS conferred on
another officer on the failure of the first to
perform 1t. There is no such case in the
Constitution" Mr.. Mitchell replied sit can
not be found
Il have been trying for the last hour to prove
that the men who framed the Constitution of
the United States, after having designated
tribunal to perform a constitutional function
never dreamed of providing substitute to per-
form that constitutional function in the event
Of the failure on the part of the tribunal origin
ally provided to do Its duty"
Mr.. Mitcheirs argument was frequently in
terrupted by questions. sometimes favorable
ard sometimes unfav to the views which
he was calculating. He had been speaking for
over two hours and had not yet come to a cl ose
at o'clock