The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-16
He Sharply Arraigns the Methods of
the Elections Committee.
HIS CASE HANDLED LIKE THAT OF DREYFUS
The Prosecution Based Upon The Presumption
of Guilt. Clark Declares Himself the
Victim of Scheme Engineered
by Marcus DAILY.
(By the Associated Press.)

Montana, fairly swept the Senate with
surprise today by formal announce
ment that he had sent. his resignation as
Senator to the Governor of Montana. The
announcement came without any previous
intimation.
Mr.. Clark struck just at the instant
the iron was hottest Mr.. Chandler,
Chairman of the Committee on Privileges
and Elections, had given notice that at
O'Clock he would call up for considera-
tion the resolution unanimously re-
ported from the committee declaring Mr.
Clark not entitled to his seat in the
Senate. A spirited contest over the reso-
luton was expected Every Senator in
the city was at his desk.
At 1870 just as the routine business
was concluded. Mr. Clark quietly rose and
addressed the Chair. He desired, he said,
in a low, tense voice, 10 address the
Senate on a question of privilege person
al to himself Instantly there was
buzz OF expectation in the chamber His
address was a sharp arraignment Of the
committees action, an analytical discus
sion cf the evidence an eXplanation ~
political and business affairs in Montana
and a bitter excoriatiCn of Marcus DAILY
and his friends who have antagonized the
ambitions OF MIR. Clark.
As Mr. Clark adverted to his desire to
hand down to his children q name un
tarnished even by the breath of dis
grace. tears wellcd to his eyes and he
almost broke down. 1t was dramatic
scene Then he read the letter he had
sent to the Governor Of Montana tender
ing his resignation. At the conclusion of
the speech, MI. Clark became the center
OF group of Senators, all desirous of
pressing his hand
Little other business of Importance was
transacted. The Clark resolution went
over until tomorrow.
Mr. Clark said he had no desire to
cast aspersions on the members of the
Elections Committee, yet he was forced
to the conclusion, which he believed
met with the concurrence of not only
large number of Senators on both sides
of the chamber but also of so per cent.
of his constituency in Montana, regardless
OF political affiliations that the methods
of procedure in the investigation were
manifestly unfair, on-judicial and the
verdict entirely opposite to that which
would have occurred if the evidence had
been confined to that which was admis-
sible and pertinent to the issue.
1T is true" he said, that there was
strong effort made by the Senators from
Alabama, Maryland, Kansas and North
Carolina at the beginning of the investi-
CATION, to exclude all the irrelevant testi-
moDy, but their efforts were unaValilng
"The result of the admission of all kinds
of hearsay. irrelevant malicious and per-
jured testimony he continued was
damaging in the extreme to the respond
ent, as through the medium of both the
respectable and venal press the most
widespread publicity was given throughout
the land to some of the pernicious false
hoods touching the respondent and like
wise a large number of the most eml-
nent and upright legislators who sup
ported him and who are the peers of the
boasted men Of any State in this Union.
The prevailing theory of presumptive
innocence was largely ignored and the en-
tire proceedings were closely analogous
to the Dreyfus case. where the prosecu-
tion was based upon a presumption of
guilt Precedents established since 1879
have been lightly considered, if not en-
tirely disregarded. 1t has heretofore
been held that there must be proved ac-
tual completely Of fraud on the part OF
the principal or actual not presumptive
knowledge of corruption on the part of
his agents or that it must be proved, not
inferred, that o sufficient number of leg
islators have been corruptly influenced
to change the result of the election
'As 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 in my opinion, or in the
opinion of the eminent counsel VINO
aided me in this investigation, has there
been any proof sufficient to establish the
guilt Of single legislator. On the con
trary positive evidence has been elected
in every case in which the respondent
was allowed to introduce testimony that
no consideration was given or received or
promised nor any consideration made TO
secure vote for the respondent.
I'm order to change the result OF the
election. it would be necessary to estab-
lish that eight members of the Legisla-
ture were corruptly influenced.
Much stress has been laid upon the
comparative financial condition of two or
three legislators before and after the
Senatorial contest These men gave full
explanation of the circumstances and