The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-18
THE Case OF Mr.. CLARK
Still The Leading Topic for Discus
sion at the Capitol.
The Committee on Privileges and
Election. to AIree To-day Upon n
Course Of Action-PrObnblc Pro-
ccedinEx When the New Crcdcn-
tails Are Presented in the Senate.

The Clark case continues one of the
foremost subjects of discussion in the cor
ridurs. committee rooms, and cloak rooms
a. the Capitol. Senators. even during the
session of the Senate sit around on the
dark red divans and talk over the case.
Most of the kinks and perplexities seem
to have been Strengthened out in the minds
of men, and the belief is almost universal
that from a legal point of view Mr.. Clark
is master of the situation. OF course the
enemies of Mr.. Clark are active, and the
manner in which he checkmated the men,
bers of the Committee on Privileges and
Elections has not softened their hearts to-
ward the statesman from Silver Bow.
1t is significant that Mr.. Clark is spoken
Of now at the Capitol quite as often as a
politician and statesman as millionaire.
II is said that certain members of the
Committee on Privileges and Elections are
chafed unto soreness that all their efforts
20 thwart the political ambition of Mr..
Clark and the will of the anti-Daly people
of Montana have been unayailing. They
feel that they have been outwitted and
that the laugh is on them. This is why the
committee which tried the case of DAILY
against Clark will make all the trouble it
can for Mr.. Clark. One of the members of
this committee said yesterday: The Sen
ate Shall not be oyerreached. Political
methods should not be resorted TO in order
TO gain entrance to the Senate. The
statement was received with scant cred
ence, there being a general understanding
that political methods as well as other
methods are sometimes resorted to that
entrance may be gained to a seat in the
smaller house of Congress.
One of MIR. Clarks friends in the Senate
said yesterday:
what can that committee do? Abso-
lutely nothing to hurt Clark without
making itself ridiculous. The pending
resolution reported from that committee
declaring that Mr.. Clark was not duly
elected by the Legislature Of Montana.
and is therefore not entitled to seat in
the Senate, cannot be acted on affirma-
lively for the reason that Mr.. Clark is
not a member OF the Senate. How can
the Senate adopt resolution declaring a
man not member of the Senate after he
has resigned. and nobody contends that
he is member. If the committee should
try to pass that resolution 1t will pro-
woke q long legal controversy, the result
OF which must be that the Senate will
conclude that it should not declare a man
to be not a member when he has volun-
tarily resigned and does not pretend to
be such.
Now, not being a member, the only
question is to determine when he ceased
to be one. The only answer is that that
was when he resigned and his name was
stricken from the roll. That occurred
last Tuesday. AL this being plain, and
the vacancy happening when the Legisla-
ture Of Montana was not in session, and
the Governor OF the State being out OF
the State. the Lieutenant Governor. act
ing as Governor, haG constitutional
right to fill the vacancy caused by Mr..
Clark's retirement. That ne chose to ap-
point Mr.. Clark to fill that vacancy is his
business. and l cannot see what the SEN
ate is going to do about it, except admit
him on his new credentials"
The Committee Oh Privileges and Elec-
ucns will meet today and will agree upon
its course of action with regard to the
pending resolution, and VIII informally
talk over what ccu.se may be pursued
when Mr.. Clarks credentials, signed by
the Governor CT Montana. shall have been
presented to the Senate, which will be next
week.
The credentials of Mr.. Clark will, it Is
thought, be presented TO the Senate next
Monday. When they are laid before the
holy by the President pro tempore, Mr..
Frye. Senator Chandler. Chairman of the
Committee on Privileges and Elections.
will move that they be referred to that
committee. This motion will be antagon-
lied by the friends of Mr.. Clark. Wednes-
day the anti-Clark Senators had about de-
cidcd that the best thing to do under the
circumstances would be to oppose the ac-
ceptance OF the credentials by the Senate
and thus make fight on Mr. Clark from
the start. The only arguments that could
be made on behalf of this action. however.
is that while the credentials are in proper
form and the appointment admittedly legal.
II should not stand because brought about
by fraudulent and improper methods,
claim that would not be susceptible of
proof. The motion, therefore. that the
credentials be rejected will not be made
but they Will be referred TO the commit
tee for investigation and report.
A new and very interesting point about |
the present status Of Mr.. Clark was |
brought out yesterday. 1t appears that
March 4. 1899, and that Mr.. Clark was |
elected in February The Montana Legis-
lature has not been in session since Mr..
Nautle's term expired. therefore. it is said
the Governor had the right to appoint at
any time since then. and IL the Senate
should now declare. according to the pend
ing resolution, that Mr.. Clarks election
was null and void, then the Clark case and
the Quay case are rot similar and the
validity Of Mr.. Clark's election is more
than ever assured.
Mr.. Clark said yesterday: Before resign
Ing enquiries were made OF certain Senators
as to what action the Senate would take
in case I resigned. These Senators all
said that my resignation would close the
case. that a vacancy would then exist and
the Governor would have the power to ap-
point. heard nothing direct from Mon
tana of my appointment until long after
It had taken place. The frat person to say
to me about it was my colleague.
Senator Carter. of Montana. Mr.. Carter
spoke OF it to me In the afternoon, and
that evening the press dispatches carried
the news Of my appointment. About II
O'Clock i received telegram from the
Lieutenant Governor announcing the re-
ceipt Of my resignation and my appoint
meut to fill the vacancy. There is a very
weIl-de!ined precedent for my action. that
Of Senator Caldwell, OF Kansas, who re-