The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-05-16
Montana Senator is Appointed
by the Lieutenant Governor
To Fill the Vacancy Caused by
His Own Resignation.
GOYERNOR WAS ABSENT
AppOintee Accepts and Certit-
cate is on the Way.
Diversity OfOpiniOn Among Sem
atOrs Regarding the Matter.

Helena, Mont, May 16--Acting Gov
ernor Spriggs last night appointed VIII
liam 4 Clark. Of Butte, United States
senator, to serve until the next legis-
lature shall elect his successor Senator
Clarl's resignation was filed early in
the day with the governor and ne was
appointed by Governor Spriggs to sue
coed himself. Mr.. Clarks reasons for
resigning are fully set forth in the
speech he delivered in the senate. Gov
ernor Spriggs has all along been
friend Of Senator Clark during his can
didacy for the senate and since, al
though he preserved the utmost impair
TALLY in his office as lieutenant cover
nor and president Of the senate during
the senatorial campaign.
Governor Smith a partisan OF the
DAILY people, left the state two weeks
ago for California to attend to some
mining. cases in which he is retained as
attorney. At that time there was no
thought Of Senator Clark resigning, and
his enemies We're confident ne would
be uuseated BY the United States SEN
ate. The resignation came as a surprise
to the people of the state who had no
mixing Of the coup prepared During the
day Governor SpriggS received a great
many kilograms from all over the state
urging him to appoint Senator clark,
alleging that he was the real choice OF
a large majority of the Democrats and
a large proportion Of the Republicans as
well.
Governor Spriggs was besieged all day
by individuals and by delegations friend
~ and hostile to Mr.. Clark
CLARK NOTIFIED.
Washington, May Ex-senator Clark
last night received the following tele-
gram announcing his appointment;
Helena, Mont, May 10.
Senator W. A. Clark, Washington.
have the honor to inform you that 1
have this day appointed You to fill the
vacancy in Montana's representation in
the senate of the United States. send
you certificates by registered mail /
trust you will accept the appointment
"A. E. SPRIGGS,
Acting Governor"
The senator also received the follow
ing telegram from his son:
Governor Spriggs today appointed
sou as senator. Congratulations
&C ". CLARK"
Senator Clark accepted the appoint
ment in the following reply to Governor
Spriggs' message:
Washington, D. c., May Ito Hon
"A. E Spriggs. governor Of Montana
Dear Governor have the honor to
acknowledge the receipt Of your very
complimentary message informing me
of my appointment to fill the vacancy
in the United States senate caused by
my resignation and to inform you of my
acceptance thereof
I fully appreciate the high cOmpli-
ment implied by your action and pledge
myself to discharge the duties of the
office in the interest of all the people in
the state to the best Of my ability.
with assurance Of my esteem. am
yours sincerely, W A CLARK"
SENATORIAL OPINION.
Washington. May 16.-Senators gen
orally declined to express opinions upon
the effect Of the appointment Of Mr..
Clark by the lieutenant governor Of
Montana. Senator Chandler chairman
Of the committee on privileges and cleo
tons would only say:
I reckon the trick won't work.
Senator MeComas, a Republican
member Of the committee said:
If the report Of the appointment is
true, apparently the case would de-
pend upon the fate Of the pending reso-
luton reported by the committee or
privileges and elections in the Clark
case II that resolution should be
passed it would be a judgment of the
senate to the effect that the seat was
vacant from the beginning of the term
ard we should then have in the CLARK
case substantially a repetition of the
Quay case. If the resolution should not
pass, then the appointment Of Mr.. Clarl
would be the filing Of a vacancy coca
stoned by his resignation and would b.
quite lne ordinary case of filing a va.
caucy by executive appointment"
senator Carney a Democratic mem
Der Of the committee, heard the state
ment OF Senator McComas. and con
Cured in the conclusion. adding:
If the senate finds that Clark
election was void by reason Of the cor
rupt use Of money this finding viii b
equivalent to saying that the vacanc-
was never filed and according to tn
presidents Of the senate the vacanc-
cannot be filled by executive appoint
ment."
Senator Frye, president pro TEN. O
the senate, said that under the preseu
conditions a vacancy existed. He ha
ordered Mr.. Clark's name stricken fror
the roll on the statement that he ha
resigned. If Senator Clark presente
credentials in due form he would b
sworn In unless objection was made
senator Jones (Ark.) said the matte
would depend upon the action Of tn
s=hate upon the resolution of the com
mlttee declaring the election void
# would be adopted the vacancy ore
ated would be the same as in the Qua.
case failure Of the legislature to cleo
senator Aldrich Or. u said that Sen
Rtor Clark had made a mistake in OF
ting the appointment It would Droh
ably revive the whole case in the sena+
ana perhaps force action on the repor
of the committee.
Senator Allison said: IF the appoint
ment is made undert the statutes OF Mon
tana, I don't think it can be unGoD
by the governor upon his return I
Montana"
GOV. SMITH ON THE SITUATION
San Francisco, May 1e.-The Fxar
liner prints an interview from Wad.
worth. New. with Governor Smith. ,
Montana, who is en- route from Cal
4ornia to Helena, Mont, in which Il