The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-16

ity and eminent standing of these gem
tlemen, 1 am forced to a conclusion which
l believe meets with the concurrence.
not only OF a large number of senators
on both sides of this chamber, but also
Of 80 per cent. of my constituents In the
state of Montana, regardless of political
affiliations, that the methods of proce-
dure in the investigation or this matter
were manifestly unfair and nom judicial
and that the resulting verdict of the
committee is entirely in opposition to
that which would have occurred should
the evidence have been confined to that
which was admissible and pertinent to the
issue. / contend that an investigation
involving a seat in the highest legislative
body of the nation, as well as the honor
of any individual chosen for that posi-
ton by the people of one sovereign state
thereof, should be conducted in a strict
ly judicial manner, and that in the pro-
ceedings the established rules of evil
dence should be applied. 1t is well
known to everybody that this was not
the case
There was a strong effort made by the
honorable senators from Alabama, Mary
land. Kansas and North Carolina, at the
beginning of the investigation, to exclude
all the irrelevant testimony, but their eff
forts were unavailing. The senators who
filed the minority report expressed in en-
phatic terms their condemnation of the
proceedings In this respect, as well as a
denunciation Of the character and prac-
tees of the principal attorney and some
of their witnesses who testified for the
prosecution.
The Press 10 scored.
1.-THE result of the admission of all kinds
OF hearsay. irrelevant, mischievous and
per1ured testimony was damaging in the
extreme TO the respondent. as through the
medium OF both the respectable and the
venal press the most widespread publ
city was given throughout the land to
some of the pernicious falsehoods touch
ing the respondent and likewise a large
number of most eminent and upright
legislators, who supported him and who
are the peers of the boosted men OF any
state I'm this Union.
1.-THE prevailing theory of presumptive
innocence was largely ignored and the
entire proceedings were closely anala-
gous to the Dreyfus case, where the pros
ecution was based upon the presumption
OF guilt. 1t has heretofore been held that
there must be proved actual completely of
fraud on the part of the principal, or ac-
tuai. not presumptive, knowledge of cor
ruption on the part OF his agents, or that
II must be proved. not inferred, that a
sufficient number of legislators have been
corruptly influenced to change the result
of the election.
No Proof OF His Guilt.
las to the first proposition. no proof
was adduced that was accepted by the
committee, and no charge of completely
has been made In the report.
las to the second proposition, not in a
single instance has there been any proof
sufficient TO establish the guilt of "A single
legislator On the contrary positive evil
dence has been ELECTED In every case where
the respondent was allowed to introduce
testimony that no consideration was given
or received or promised nor any considera-
ton made to secure vote for the respond
ent.
In order to change the result OF the
election IL would be necessary 10 establish
that eight members OF the Legislature were
corruptiy influenced.
The Testimony Reviewed.
much stress has been laid upon the
comparative financial condition of two or
three legislators before and after the sena-
torial contest These men gave full; eX-
planAtIon Of the circumstances ana condi-
tions relating TO such matters. The pre-
sumption Is that II their financial condi-
ton was better they acquired IT innocently.
This il plain proposition Of law and the
burden OF proof did not rest upon them
From their well known character I DO
not believe them dishonest ana even II
they were II must be remembered that
there was much legislation before that as
srmhly involving millions Of dollars. I'm
which some OF the memoriallsts were deep
~ interested and although they appear
here as apostles OF purity 1t is wei known
In Montana that they would not tail TO test
thu prohity OF every man In the most an
acr,Ipuious manner to promote ;her own
interests.
The Mcmoria1ists Attacked
.,r,hev ware actively engaged in prevent
ing the revision OF the Infamous election
law by which they have been enabled 70
coerce every man In their employ into
"a sting his ballot TO suit their wishcs
,prhsv were also deeply interested IN AZ
TEMPTING the repeal OF a law tina; has beer
established by a previous Legislature e
,uirinx safety cages 20 be pat into every
atre which law has been a deal letter
al FAR AZ they are concerned, althoCgh all
otber eompanies operating IN the state ~
Montana complied with its PROVISIONS
PROCEEDINGS have been commenced against
The Anaconda company by the state inspec-
tor o. mines to enforce a compliance with
,he provisions OF the statute.
s.Ther, vas OF ier leA slater invo wig
the transfer Of property which was hotly
contested hy contending parties in Mon
tana in which the respondent has no IN
tereat whatever Hence n Il should be
shown that money was improperly used
during the session OF the legislature there
was scarcely even a presumption that Il
=
friends working In his interest there
fore submit. Mr. President, my belief that
the conclusion OF the committee on the
main proposition. and those Of the major
inv on all propositions. are inferental, in
correct and are not supported BY the evil
dence."
Criticises the Findings.
Mr. Clark took up in detail the findings
OF the committee on privileges and cleo
tions. crticising many Ok them sharply
ana at length AS 10 the reference 10
| the fact that he had frequently been a
| candidate for office, he asked. Are We
1 to infer that II Is n crime TO be can
| didate for Officer
Ie then proceeded to say that he had
never voluntarily sought to be elected 20
| any office, giving the circumstances under