Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-28

On the general question OF fact, the
following deductions are made;
First. that general corruption was
practlced BY Mr.. Clark's agents.
Second. that such corrupt practices
were known and authorized by him.
Third, that he not only authorized
such practices by his agents. but per-
sonally engaged in them and made eff
forts TO secure votes by bribery.
Fourth, that through corruption BY
means Of bribery 0f members Of the
legislature his election was secured.
Fifth. that while the laws OF his
state prohibit the use Of more than one
thousand dollars by candidate for the
Senate to secure his election, Mr.. Clark
employed for this purpose, by his own
confession. at least one hundred and
thIrty-nine thousand dollars; and that
the committee appointed by him 10 ex-
pend this money Violated the laws Of
the State by falling 10 make report
thereof, as required by the statutes.
''rhe following five propositions OF
law are submitted as properly controll-
Ing In this cause
First. that proof Of general and ex-
tensiye corrupt practices In connection
with the election and operating upon
the members OF the legislature Is suftl-
Client 20 warrant and require a judg-
ment OF the Senate that the election
was void.
Second. that II. as the undisputed
evidence proves. Mr. Clark appointed
committee or a body " agents by what
ever name they may be called. 10 whom
he confded the general charge Of the
operations looking TO his election as
senator, and supplied them with money
TO carry on his cause and they entered
upon such agency and In the couise OF
II were guilty OF corrupt practices 10
secure votes for him. Mr. Clark is just
as much affected thereby as II he had
himself done the same thing; although
he may not have known that such con
duet was 10 be or was practiced and
aid not intend that It should be.
Third that II the undisDuted evil
dence proves Mr.. Clark was present az
the capital during substantially the
whole time Of the struggle and in con-
slant communication With his agents,
he was bound 10 know what means Of
accomplishing his election were being
resorted 10; and must be charged with
knowledge Of their acts.
Fourth. that II II appears to the
satisfaction OF the committee that vot-
ers were corrupy influenced and pro-
cured TO vote for Mr.. Clark without
whose votes he could not have received
a majority, then the election was void
without regard as to whether the votes
were secured by himself, agents, or by
strangers.
Fifth II Mr.. Clark employed the
means and used the money which the
statutes OF Montana command he shall
not employ and use to procure his cleo
ton, the election is absolutely void
as much so as II direct bribery had
been practlced
After Analysing the testimony In the
brief Of l42 pages, the memorialists
close with the following summary.
First, our first proposition Of fact
is that general corruption was prac-
ticed by Mr. Clark's agents. We submit
that the evidence reviewed gives
abundant support 10 this contention
II Is conceded that $4,000 or more was
spent TO secure his eection that after
the general election his agents travelled
about the State 70 secure votes for
him; that during the twenty-eight days
OF the session Of the legislature before
his election he maintained In Helena
from $50 TO 400 men called In from all
parts OF the State to influence members
and that he paid al least their ex-
penses. these amounting 10 not less
than $4,000. as admitted; and that 1t
was common knowledge In Helena that
votes were bought In his interest.
Second. Our second proposition that
such corrupt practices were known to
and authorized by him Is established
49,. ,tsAt II. a.
having placed with this committee the
great sums which he edmits, he made
no inquiry as to how they spent them.
asking no accounting and no explana-
ton and statement from them. even
when in the most solemn way they
were charged with having used that
money for purposes Of bribery. He was
in Helena during the whole time OF the
struggle, In constant conference with
the men who gave the brides and ex-
pended the money, and referred persons
TO them to get money; and in CONVERSE
ton with Mr.. Whiteside and again with
Mr.. Hewett, showed beyond contradic-
ton his knowledge Of what was being
done.
"Third-Our third proposition, that
Mr. Clark personally engaged In cor
rupt practices and made efforts TO Sc
cure votes by bribery, Is established by
the testimony Of the Ector letters and
his communications with Bickford con-
corning the Woods transaction as testi-
fed TO by both Mr. Clark and Mr.
Bedford; by the testimony OF Rev. Mr..
Warren, that Mr. Clark accepted the
suggestion that he should pay Repre-
sentative Bonner ten thousand dollars
for his vote; by the testimony Of Mr..
Cason. supported by the letter he pro-
duced, that Mr.. Clark directed him to
see Representative Maercsyes, and offer
him ten thousand dollars for his ser
vices. by the fact that he paid Repre-
sentative Day FIVE thousand dollars for
no other service than that performed In
the general assembly and for his vote;
by the fact that be paid Representative
Fine five thousand dollars for his vote;
and that he told the witness Jackson.
at Salt Lake City that be had used