The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-01

The proceedings in the Welcome dis
barment trial at Helena have been fol-
lowed with much interest here. al
though the associated press reports
from Helena have not been very full.
1t is recognized that the scandalouS
developments of that case will have
marked influence in the event of
contest against Clark in the senate.
Whatever the facts may be as to
contest, it is fully believed here that
one will be made, and many prominent
men predict that the colossal debauch-
cry of states will be severely rebuked.
The Scott contest, heretofore alluded
to in this correspondence, comes from
West Virginia. where last spring the
republicans betrayed an agreement and
elected" a senator by illegal votes.
John T. McGraw (dem.) contests the
election on the grounds that Scott did
not receive the votes of majority OF
the joint convention, and that the
agreement under which the joint con-
venton was held was void, being
against public policy This last con-
tention does not seem very strong
one, but the others are presented with
much force in the brief prepared by
Welles. Bennett & Welles, McGraws
counsel. which was this week submit
ted to senators. This shows that in the
joint convention, which professed to
elect Scott, there were 81 votes, a ma
joTity of which was ~, and Scott re-
ceived but As. OF the Is votes received
by him two were cast by Senators Getz-
endanner and Pierson, and were re-
ceived against protest spread upon
the journal of the joint convention, and
showing that both Getzendanner and
Plerson had, under the provisions OF
section 13 of the constitution of West
Z rty,sr F~F~
ors in the legislature of West Virginia
by the acceptance of lucrative offices
commissions in the volunteer army
under the federal government, and ike
wise their right to vote in the joint con-
Ventjon. The vote received by Scott
was brought about by reason of threats
and intimidation upon the part of the
republicans in the West Virginia sem
ate, who threatened to throw out, lille
gally and without cause. seven duly
elected senators unless the democrats
of the house should accede to their de-
mands. By reason Of these threats and
in consequence of a partial carrying
out of the same by the unseating of r.
f. Kidd, democratic senator from the
Fourth senatorial district, IN order to
prevent the Acknowledgement of these
senatorial districts, the democrats went,
under duress, into the joint convention.
The joint convention was not held I'M
der the law, but under a private agree
ment between the members Of the two
houses, ratified by the acts of both
houses, which was void as against pub
lie policy, and which vitiated the cleo
ton and all acts done under it.
Mr.. McGraw also makes the interest
ing point that Scott at the time of his
alleged election, although a citizen. was
not an inhabitant of the state of West
Virginia, as required by the third clause
- a
States constitution. At that time he
was an inhabitant of the District of
Columbia, and ineligible. therefore. tor
election, as was expressly decided in the
case of John Bailey of Massachusetts.
who was elected representative in con-
gress when holding office under the
United States government at Washing
ton and temporarily residing here while
in the discharge Of his official duties.
The protest against Scott. which has
been filed in the senate, is signed by
the As democrats who participated in
the joint convention. also by State Rep
resentative J. ]. Haptonstall trap) who
sat in the joint convention and voted
for Judge Goff, republican. The lat
ter says that the pretended election of
Scott should be declared invalid" AS
Scott received but As votes and 40 MEN,
bers unite in the protest. the McGraW
case is strong one. But it is we'll
known that legislative bodleS pay but
small attention either to facts or preee-
dents in exercising the constitutional
function Of determining their own men,
bership when the question at issue is
whether there shall be one more men,
Der of the dominant party IN the body.
However, when the people get a chance
they frequently reverse these partisan
decisions, and it is extremely probable
that at the next election West Virginia
will revert to the democratic column
and send a democrat to the senate.
One of the curious developments of
the senatorial contests is a reported
compact between Quay, Clark and
Scott, all of whose seats are contested,
and on wholly different grounds to use
all their influence for one another. This
is an interesting, If not attractive, COM
bination. There is suggestion of
Tray, Blanche and Sweetheart about it.
except that it might be hard to pick out
Tray. HOSFORD.