The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-26
THE MONTANA enquiry
Minority Report on The Case of
Senator Clark Presented.
i'm the Resolution of
the Committee Declaring Him Not
Much of the Evidence as Being Ir-
relevant and Based Upon Henrsny.

ate Committee on Privileges and Elections
relative to the case of Senator Clark Of
Montana. were presented to the Senate
yesterday afternoon, and will be printed
in connection with the majority report
which was submitted last Monday The
minority report is signed by Messrs. Pettus
| and Harris and begins with the statement
| that they agreed and still agree TO the
resolution Of the committee declaring that
! Mr. Clark was not legally elected
| They say however that the report is
| merely the writing Of the chairman of the
| committee, who was aided by one other
member, and was never submitted to any
! meeting of the committee and therefore
/ cannot be considered as embOdying the
! words of the committee. They then state
their reasons for dissenting from the or
| iginal report which are based upon the
/ opinion that in this important enquiry the
| committee was bound by and ought to act
| on. the ordinary rules of evidence. OBJ
lection is made to much of the evidence as
/ being founded on hearsay or being irrele
want, the statement being made that
| large amount of this class of evidence was
| received
The minority report refers to Mr.. Chand-
! ler's connection with the case as chairman
| Of the committee and on that subject says:
I We tried merely to discharge our duties
as members Of this comnittee and as
| judges in this most important case. but the
| chairman kindly relieved the other mem
bers Of that labor and determined that
| matter for the committee"
1t then goes on to explain that their
reason for agreeing to the findings OF the
| majority report are based on the opinion
| that the friends Of Senator Clark ille-
! paIIv and iyOuronpriy uEpd amoTnte
Of money, and thereby caused the election.
and that this election is not valid, but
| under the law of the land is void
! In reviewing the conditions in Montana
/ the report refers to the first meeting Of
/ Mr. Clark's friends. to the attendance at
/ it Of A. ]. Campbell and his later election
! to Congress. and the following comment
! is made: so. to the extent named. Mr..
| Campbell got the benefit of that private
meeting OF which he was a member. and
| the benefit OF the money sent out by the
! committee to the executive committees In
| various counties. Mr.. Campbell was a
we'll known opponent of the Daily faction
! prior TO and in 1888
Regarding former State Senator White
] side. the report says: The evidence tends
to show that Whiteside was unfriendly to
| W. a. Clark and that he made a threat to
/ explode a bomb If Clark became a candi-
date for the Senate. and that about the
same day Marcus DAILY in New York, made
/ threat to run W. A. Clark and his fam
! lily out of Montana"
Reference is made to the cooperation
| of Campbell with Clark during the legis-
| lative session and to the fact that after
! Campbell had heard the plan to entrap
/ and betray his friend Senator Clark, he
told Whiteside not to rely on his own evil
| dence to prove the charges.
Thus - the repOrt comments "CamD-
/ bell and Whiteside became united in a
/ common cause in December. 1898 And
/ from that time Whiteside had the benefit
/ Of Campbeil's advice. And Whiteside. il
| you credit his account Of himself acted
well and naturally the part Of spy and
traitor and did explode a bomb After
| the Legislature adjourned Mr. Campbell
with Marcus Days money went into the
/ business Of buying newspapers and hiring
editors and setting them to work He
also became actively engaged in the bust
ness OF hiring detectives with Days
money. Among other hard cases ne EN-
pl0yed one Benjamin Hill and set him to
hunting up evidence against his friend.
And Mr.. Campbell gives graphic account
Of how Hill brought to his office a sealed
letter from Bickford 10 Roote. and how
he caused Hill to open the letter for
Campbell to read il. And after reading it
it was interesting to hear Mr.. Campbell
describe how the letter was carefully re-
sealed and sent on by Mr.. Hill to its des-
tination."
Reference is then made to Campbalrs
connection with Ben Hill and to his pay
ments 10 certain witnesses. On this sub
ject the report says:
Mr.. Campbell became Days agent to
disburse money without limit as to
amount. ard he disbursed it in that way
And in 1899 Mr.. Campbell employed by /
a corporation controlled by DAILY at a
salary OF $751; 900 per anuum. When last f.
heard from Mr.. Campbell had disbursed I.
about $40 900 Of Mr.. Days money in this .
case. and had incurred liabilities for fees .
to eminent counsels, amounts not named, /
and still had power to go on spending. .
without limit as to amount. He conducted .
this case as leading counsel, and became
also one Of the principal witnesses. but .
other counsel made the arguments"
Reference is made to the connection Of .
State Attorney General Nolan with The .
prosecution, and his action in using notes F.
Of testimony taken before the grand jury
of Lewis and Clark County is discussed .
at some length and severely condemned. /
The report says: He could not be in
duCed 10 see the slightest improperly
in his disclosure Of the secrets Of the
grand jury or In this wholesale promise
of pardons. specially given for the use Of
Mr. Campbell in the work in which he
was then engaged This Attorney Cen
eral came to Washington. took an active
part in the prosecution and in suggesting
witnesses. and on the witness stand could
not conceal his bias
The testimony connecting the Justices
of the Montana Supreme Court with the
case which was strongly brought out by
the prosecution and was referred to in
the majority report Of the committee, is
pronounced utterly irrelevant. and COM
menting upon it,. the minority say:
This transaction. so far as We are in
formed, occurred six or seven months
after the senatorial election. no fact
proved connects Mr.. Clark with any part
of that transaction Or. Tracy had no
sort OF connection, directly or indirectly
with Mr.. Clark and II he had there was no
connection between the election in Janu-
are and the Supreme Judges in the fall
of that year. All Of the evidence was
nothing more than what may be called
'colCring matter And il was admitted
against the protest OF the Senator from
Maryland and others
The report states further that in the
conduct Of this case much other 'cOloring
matter was received as evidence, which
In the opinion Of the minority, should
have received no consideration.
The majority report is criticised as con-
tanning several curious statements of
part Of the evidence as TO the thing stated.
As an example Of this. reference is made
to the statement that Senator Clark in
June. 1893. destroyed the checks that he
had drawn on his bank. But" the mi
nority report continues the report fails
TO state that for years past it was his