Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-26
CONTESTED ELEC1lONCASES
House and Senate to Be Occupied Soon With
Perplexing Matters.
The Quay, Scott and Clark Problem.
Recent Decision of the Nontaua
Supreme Court.

The contested election cases in the Sem
ate promise to supply the matter of alb
sorbing interest for the first week or so
after congress reconvenes at the close of
the monday recess. The arguments in the
quay case are to be considered by the
committee on the first Friday after the
feopening of the session, and the report of
the committee will probably be decided on
the same day, since no testimony is needed
IN deciding this case. If this is brought ND
Immediately in the Senate there promises
TO be a hot contest there
The committee on privileges and elections
Will probably go at once upon the consider
alton of the Scott and the Clark cases
after reporting on the Quay In both of
these testimony Will have to be taken 1t
is anticipated that the case of Clark of
Montana will be the first considered. and
ii the nearing of witnesses is taken with
open doors, the sensational character of
the testimony promised on both sides is
iikely to make the case temporarily eclipse
everything else before Congress- in Interest
Ihe Scott case probably following will b,,
1ull OF interest also, and meanwhile con-
tested elections cases in the House are,
ikeiy TO be brought up in that body. so
1he methods under which our elections ARE
conducted in various parts of the country
may be thoroughly ventilated.
1he friends of Senator Clark charge
tnal there was conspiracy to prevent his
election to the Senate and that there is
now conspiracy to have him excluded
from the Senate. A number of witnesses
VIII probably be put on the stand before
.ne committee to prove this allegation.
InoSe protesting against Clark retaining
his seat will produce witnesses to try to
establish their charge that Mr. Clark's $
election was secured by bribery. 1t is
sad that nearly hundred witnesses, di-
vided between the two sides will probably
De brought here from Montana
Great interest attaches in this connec-
ton to the decision of the supreme court
OF Montana rendered last Saturday by
which an attorney named Welcome was
ulSDafred on the charge OF having used
money to secure votes for Mr.. Clark in the
Montana legislature. The supreme court
OF Montana in rendering It's decision states
that it eliminates from This discussion all
the charges based upon information and
addresses itself directly to the guilt or in
hocence OF the accused upon the specific
charges Of bribery.
The substance of the testimony in this
case. as reviewed by the court, was that
Welcome paid $4,000 to State Senator
Clarke OF Madison county for his vote for
w A Clark of Butte for United States
senator; that the money was placed in an
envelope and delivered to one Fred White
sides Tor him, State Senator Clarke ac-
cepting the money for the purpose Of evil
dence.
With reference to the charge that there
Is a conspiracy against Senator Clark the
court decision says:
Counsel for the accused at the opening
of their proof proposed to show that for
many years there had been schism in the
democratic party in this state; that one
division was favorable TO W. A. Clark of
Butte and that the other followed the
leadership of one Marcus DAILY and was
known as the Daily gang that the effort
OF the latter has always been 10 rule the
party at all hazards, and that one of its
purposes was to defeat W. A Clark by
fair or foul means in his aspirations to go
to the Senate of the United States; that the
witnesses WhitesideS and Clarke belong to
his gang; that the exposure was the re-
suit or criminal conspiracy among various
members of this gang IN leading Clarke
Whiteside and Meyers falsely to charge
w \. Clark of Butte and his friends with
bribery and thus defeat him: and that the
money turned over by Whiteside was really
furnished by that faction to give the color
OF truth to the charge made against Well
come.
Evidence was introduced by the ac-
cused in support of this defense, but TAX
ing this all together and giving il the ut
most weight to which 1t was entitled, it is
hardly sufficient to require consideration
as it establishes nothing beyond the fact
that there is and has been for some years
a strong political hostility between w A
Clark of Butte and DAILY as rivals for
leadership in the democratic party. There
is 10 fact proved from which an inference
is permissible upon any legal principle that
the opposition from the DAILY faction of the
party was other than such as was per
fectly lawful"
The court says further that IL does not
appear from the record that the DAILY fac
ton used any unlawful means to defeat
Clark and that there is not a scintilIa of
proof that the DAILY faction furnished anv
of the money in the case.