The sun., 1900-05-17
CLARK DAFFLES THE SENATE
II Looks as if the Man From
Montana VIII Have TO be
Admitted.
CASE BY NO MEANS SETTLED
Resolutions Declaring He Was Not
Duly Elected Goes Oyer Until
Saturday on Motion Made
by Oh 4irman William
r.. Chandler.

Washington, May 1G.--presidcnt Pro
Tenn. Frye laid before the senate the
Montana resolution. MIR. Chandler asked
that the resolution be postponed until l
o'clock on Saturday in order to give the
senate committee on privileges and cleo
tions an opportunity to consider whether
further action was necessary This was
agreed to.
TO put the matter plainly, tie United
States senate does not know where it
is att in the ease of Mr.. Clark of Mon
tana, who resigned from the senate and
was at once appointed senator by the
acting governor Of Montana the lieu
tenant governor In the twinlling of an
eve the ant-Caill men found themselves
undone and iii such clever manner that
they cannot withhold their admiration.
Nov that the first surprise isSover the
politicians are wondering why they did
not think Of it all before. But nobody
did and, % far rs opinion among the
lawyers and parliamcntarians in the Scn-
ate goes, Mr.. Sirigss and AIR Clark
have wpn the day.
Apparently there is just one point on
which to base IN argument, and Of
course this will be taken advantage Of to
the fun extent. and the senate will be
OHllptNl 10 HiINtSit Will tliliilNl sitti ~
case before the matter is disposed Of.
The point is this: Some senators assert
that as tile committee on privileges and
elections decided that Clark was not en-
titled to a seat because his election was
obtained by bribery, therefore the va
cancy existing when he was chosen still
exists and that it is one for the legisla-
ture, not for the governor, to fill. In
other words, it would be repetition of
the Quay case. 1t is fine point and is
complicated by the opinion of some sena-
tors that whatever the legal rights oi
wrongs of the case may be, Clark should
not be allowed to win by such an auda
cious, if brilliant, coup d'etat as was eX
IlInera seems to be no reasonable doubt
first, that vacancy existed IN the SeI
rte from Montana ss soon as The Cover
nor had leceived Mr.. Clark's resignation
and lie had notified tie Senate OF tn
fact; second, that under the Montan
law the Lieutenant Governor had q clea
right to appoint; third, that these thing
being 50, the Senate will have to admi
Mr.. Clark to his scat.
In proof OF tile claim that'a vacanc
existed, Senator Chandler, chairman {
the Committee on Privileges and Eco
LlDuS, Gays lllClC IL nv Gtllh Va AJGCV etii
the senate AZ present is made rp
eighty-six Senators, vacancies exlstin
in delaware. ttah. Pennsylvania an
Montana.
Moreover, when Mr. Clarke announce
his resignation, Mr.. Frye, president
the Senate pro tenn, at once ordered y
name letrcken from the Senate roll
which was done. This was folnwir
all the precedents since 1871, include
that established in 1881 Wren Conklii
and Plat so dramatically resigned
Senators from New York. When ro
call was taken yesterday, after NJ
Clark's speech, his name was not GALE
these facts seem to settle the points as
a vacancy existing
AS the Lieutenant Govern RS rig
to appoint in the absence from the .Ssa
of the Governor, there seems to be
question either The Constitution q
pears to be so clear on this point as
leave no room for dispute.