The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1900-05-21
BENDS in Resignation and Is
I Reappointed by Acting
Governor
CLARK REVIEWS CONTEST
0oclaring Marcus DAILY Has Pursued
Min Maliciously and Vindict-
lively, and Asserts He Has
Never Been Guilty OF
Dishonorable Act.
By Jos: Oil.

CONCLUSION % one OF the most dramatic
scene in the history % the United States
ssnate. Hon. William A Clark announced
that he had forwarded 20 the governor %
Montana his resignation as a senator from
the state. and HIS name was stricken
thercupon from the roll OF senators by
President Frye
within a few dayH-prohabiy by Monday
81 next week at the farthest day-Mr-
Cark will present himself az the bar q
the senate and ask 20 be sworn IN on
credentials showing his appointment 20
the vacancy created by his resignation
This latter result came as climax 10
q Sensational day IN the history % this
Montana contest Senator Clark's resig-
nation was a surprise 10 everybody save
his attorneys and those IN his closest con
nderce. The announcement Of his APP
poir tmrut came as an even greater sur
pr1x~ FOR Il was a possibility which the
political world had not anticipated.
The governor % Montana IS Robert b
6mIth. = populist who - one OF Marcus
Dali adherents- The lieutenant govern
or OF the state - a r Spriggs. pop
uIis; who Is close friend % Mr. Clark
an who spent TWO months here during
the peu1eucy % the investigation IN
Clarx-s interest In all the figuring on
apr ointment IN case o. CiRrk's resignation.
Lie Iteuant Governor SpTiggs seems "a
have been overlooked. and yet 81 & Re
VIII. Ect1rding 20 advfces received here
this afternoon. has appointed Mr. Clark
20 the vacancy The power 10 do this
ca ne 20 him through the absence OF the
O. --uH- from the STATE. Governor -rls
IL lG California si.- re- H-c.rIiug 81 the
~ cltana newspapers received today. ne
VET 20 argue "a case before the court OK
arre.sls- In his absence the lieutenant
governor becomes de factO governor OF
th- state. nor only assuming all the du-
tie. but receiving al OF the enoiuments
OF the Office The power conferred upon
O. Lieutenant governor OF Montana On
this sort % an emergency seems TO be
greater than that conferred upon the like
onicer OF any other state The clause OF
rho Montana constitution covering this
question - In substance as follows:
In case % failure 10 qualify. death.
res-snation. commitment ~ an Infamous
cTiti4e. Impeachment. absence from the
State CT any other disability. all th, f1uC-
lions. powers and er1oiumeuts OF the office
cha. deFolve upon The Lieutenant governor
until me disability j. removed.
No Flaw in the Title.
According 70 the Interpretation paced
upon this provision ~ Senator CLARK and
his srien1s ami also by senator Carter
and otneg Republicans who have Inves.i-
Eaie1 li. the right " th-- acting goye rnor
70 make the appointments o. rtfsstr,I-,i as
iutuoi--tb-e- Alr- CLARK demand Tor rec
csI--tluu On tho cE e,leL.ia1s signed l.v Ac-
tins Governor SpriErs wall lie based upon
thai provision 10 - claimed les Senator
Glars AM Ais lesssL rdViss-rs former sen
ntor Faulkner THAI there Is absolutely no
NAw ia ta1s ueW titie- All Iha senate, pre-
ce-te-.rz. leading back 10 tile Couk4iu-
case - Ieol and even farther. he,sr out
the contention that a senator ceases 10 boz
q member oT shat body immediately upon
his resignation This being the case. they
e9Htea1 thai the resolution OF the c--,--
lions committee, Hr-'arinE tllas Mr. Clark
is no. eut.tleI 20 a seat - a member of
u. senate. dies without further action
Nothing else can hc done with tr unless.
ECrlal1. TO indefinitely postpone 81. Air.
C4lfz not i-eiug a member ~ the b1ly.
the senate has nothing more 70 90 with
him There are several cases IN the histo-
- ~ tEe senate when a member whose
TEl- @. seat ws.s disputed announced
hia s-alsuasicn - Mr. CLARK has done.
and taler-spen the senate = C0uslslersitl ou
~ tle ease ceased. ANY question that
may tse raised upon the credentials whlch
Ae vlI present as tho governors APP
Pliufs must isc considered without Ie-
sar- O. this other case Wh5ch Is les ad-
gud.eisa-
l. o. hardy probable that Ar CLARK viii
Il allowed ip take the ussth as a :, uatpr
without objection being made According
70 -Ee usual method ~ procedure IN
u1tL 90 office Is admIn.s tered TO tue llan
presenting himself with slsch credentials
Lnc~s objection Is made. II IS stated to-
I-'8ut that Seator Chandler. cha rman OF
the elections c1mmitte-s. has determined
J, IL make objection and % move the refer
euce - the credentials 20 the committee
~ which he Is chairman II this = done
u val be vigorously Opposed and S=na-
q, tlr C.ark's friends believe that a ma ority
hs. ths senate will Join n defeating sl''-h
a motion. They base this belief upon eX-
pres=.p.ls from leading. republican senators
EeIl ss heading democrats who have
said they regarded tine appointment a
happy solution 81 the Montana cnEiplica-
lions
Daily Caused His Defeat in IS.
Il is certain. however. tina, the Daily
people who have fought Clark 50 bitterly
will not givo I'd without & further strug
Ele and the understanding here tonight II
that Governor Smith has been urged u
hurry hack from SIN Francisco to Helena
and make anC thcr appointment II that
> done and somebody else presents him
self here simultaneously with Mr.. Clark
the probaI flity Is that the case will then
20 10 the elections committee Even then.
however Il will not Eo without "A hard
fight on the part OF Mr.. ClaTks friends.
The motion to refer * debatable and the
whole question OF the acting govern rs
right to appoint will be aired I'm the open
senate In that event the Clark people
expect all the senators who voted 20 seat