The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1900-05-23
SECURED BY FRAUD.
Governor of Montana Makes a For
NAL Protest Against the.
Seating of w. A. Clark,


has directed Chairman Chandler to press
acton on the Clark resolution as orig
lnally reported. The following dispatch
was received and read to the committee
from Gov. Smith, dated Butte, Mont.
May II:
Hon. W. f. Chandler Washington: de.
sire to present in as forcible a manner as
possible my protest against the course pur-
sued by w: A. Clark in attempting to de
feat the action of the Senate Of the United
States upon the resolution presented by the
committee on privileges and elections af-
fectlng his title 10 a seat and to protest
against the methods pursued by him in Sc
curing an appointment at the hands of the
lieutenant-goy ernor during my absence from
the state under circumstances and condi
lions which to nay mind indicate collision
and fraud.
lis conduct in attempting a resignation
and procuring reappointment under the
conditions as he did, if the matter
been considered contempt of court on his
part. |, therefore, trust that the committee
and Senate will proceed to a proper and
complete consideration of the question, SO
that the rights, not only of Mr.. Clark but of
the state of Montana, in the premises, may
be determined, and that upon the presenta-
tlOn or his credentials of appointment by
the leutenant-go governor, the same be trans
ferred to the committee on privileges and
elections for investigation, and that | be
permitted TO make more complete and de-
tailed statement of facts concerning the
resignation and appointment OF Mr.. Clark.
The Plan of Action.
There was discussion by the commit
tee of the various points involved in the
controversy, including the proper course
to be pursued with reference to Mr..
Clarks credentials when they are pre-
sented to the Senate. The principal dis
cusslon was, however, based upon the res
olutlon directing the chairman to press
the resolution hitherto reported to the
Senate from the committee declaring that
Mr.. Clark was mot duly and legally
elected to seat in the Senate
The vote on the resolution stood six
to three, Senators Pritchard, Harris and
Pettus casting their votes in the mega
tive. These senators expressed the opin-
ION that the resignation of Mr.. Clark had
the effect of definitely settling the case
and that the Senate was not called upon
to take further action. Senators Chan
dler, Hoar, Burrows, McComas, Caffery
and Hurley took the opposite view, hold
ing that Mr.. Clark's resignation did not
III any way bar the further action OF the
Senate, as the resolution is directed at
the action of the Legislature in originally
attempting to place him in Office The
discussion was spirited and personal at
times. Under Senator Chambers orig
inal notice the resolution will come up in
the Senate al / o'clock tomorrow and by
direction of the committee he will make
g STRENUOUS effort to secure early con-
sheraton of it.
There was no vote upon the reference
of the credentials under the lieutenant
governors appointment, but there is no
doubt that the committee holds that the
reference should be made especially in
view of Gov. Smiths letter.
Action on the New Credentials.
Senators Pritchard and Harris ex-
pressed themselves as opposed to the ref
erence of the credentials when they ar
rive.
The principal participants in the con-
troversy over the motion to press the
committee resolution were Senators Tur-
ley for the motion, and Pritchard in OPP
position. Mr.. Turley took the position
that when the Senate assumed jurisdic-
ton of the case it no longer rested with
Mr.. Clark to determine it by resigning,
while Mr.. Pritchard held that the right
of resignation was a personal right and
could be exercised at any time. He also
contended that the vacancy III the seat
occupied by Mr.. Clark began when the
latter made the announcement of resig
nation.
There were some references to the re-
appointment of Mr.. Clark by the leu
tenant governor, indicating the opinion
on the part of some of the senator's that
it was not in accord with the senatorial
idea Of securing a seat in the Senate.
Go Over Until Monday.
An agreement has been reached be-
tween the members of the Senate com
mittee on privileges and elections and
the friends of Senator Clark that the
matter shall 90 over until Monday, that
no effort shall be made to get action Gu
the committee resolution tomorrow and
that if Mr.. Clark's credentials arrive
previous to that time they shall not be
presented before Monday. This is due
to the fact that there are already q num-
Der of special orders for tomorrow in the
Senate.
Appointment Initiated by Fraud.
Helena, Mont, May 1S.-The United
States Senate committee on privileges
and elections will have to face another
complication in the Clark senatorial
case. Gov. Smith arrived in Butte this
afternoon and wired Acknowledgement
Nolan to met him in that city. The gov
ernor desired to consult the attorney
general as to the form in which he Will
put a protest that he will wire to the
Senate against the acceptance of the Gre
dentials of Mr.. Clark on the appoint
ment of Lieut. Gov. Spriggs.
Gov. Smith will base his protest on the
ground that the appointment is vitiated
the resignation of Senator Clark was
written in April and that the date it
now bears, May II, was the result of
the erasure Of the original date which,
it will be alleged, can be easily proved
by examination of the document
He will also allege that the resignation
was in the possession of Charles A.
Clark, son of the senator, for several
weeks and that the resignation of Sen
ator Clark at the time he did resign and
his appointment by Lieut. Gov. Spriggs
was part Of plot to insure
his appointment by the lieutenant gov
ernor. In the carrying out of the plot it
will be added, misrepresentation and
other dubious methods were used to get
the governor out of the state.
The governor will hold that owing to
the alleged fraudulent practices followed
in the appointment of Mr.. Clark that an
pointment is void and he will himself
make an appointment to fill the vacancy
from Montana.
While it is not positively known whom
the governor will appoint, it is believed
that Martin Maginnis, who represented
Montana in Congress in the early DAYS
of the territory, will be chosen He is
not allied with either Democratic fac
ton and has always been strong party
man.
Rutte Mont Nav 1S-Tbo Ran,,h