The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-05-16

the acts of that party on previous oc-
casions. He contradicted the state
ment of the committee that Senator
Hobson was mainly responsible for the
action Of the Republicans, saying that
the testimony showed that their action
was in response to an almost unani
nous public sentiment
Taking up the charge of violation Of
the Montana laws. Mr.. Clark said that
nowhere was it provided in these laws
that violation of them should forfeit
Office.
Bitter Against Campbell.
Mr.. Clark referred with evident feel
ing 70 Congressman Campbell's part in
the prosecution, saying:
MIR. Campbell first appeared as a
pretended friend of the cause of CO.
operation in the interest of good gov
eminent in Montana, where in a con-
ference he feigned sleep in order to
obtain information which he might
use to betray his friends Not then
knowing his true character, he re-
ceived the support of myself and all
my friends, which Insured his nominal
ton and election. Immediately there
after he threw Oft the mask and went
TO work to encompass my defeat. hav-
ing been employed, as he stated, as
counsel for mining company belong
ing TO the Anaconda company, az a
salary Of 5000 per annum, Ostensibly
as blind, as he could not remember
on the witness stand the name of the
company for which he pretended to
act"
The Montana senator said further:
Tine methods of procedure in the
investigation of this matter were mani
testify unfair. non-judicial, and that
they resulted in a verdict of the COM
mittee entirely opposite to that which
would have occurred should the evil
dence have been confined to that which
was admissible and pertinent to the
issue. 1t is true there was a strong
effort made by the honorable senators
from Alabama, Maryland, Kansas and
North Carolina, at the beginning of
the investigation TO exclude all the
irrelevant testimony, but their efforts
were unavailing- The senators who
filed a minority report expressed in
emphatic terms their condemnation of
the proceedings in this respect, as well
as denunCiatiOn of the character and
practices of the principal attorney and
Of some Of their witnesses who testified
for the prosecution.
The result of the admission of all
kinds Of hearsay, irreYelent, mis-
chievOus and perjured testimony was
damaging in the extreme to the res
pOndent. 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 falsehOOds touching the
respondent and likewise a large num-
Der Of most eminent and upright legis-
lators who supported him and who are
the peers Of the boosted men Of any
state in this Union.
Sees Resemblance of Dreyfus.
THE prevailing theory of presump-
tive Innocence was largely ignored and
the entire proceedings were closely
analogous t. the Dreyfus case, where
the prosecution was based upon the
presumption Of guilt.
ct has heretofore been held that
there must be proved actual compli-
city Of fraud on the part of principal
or actual, not presumptive knowledge
of corruption on the part of his agents,
or that it must be proved, not inferred,
that a sufficient number Of legislators
have been cOrTuDtly 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.
a single instance has there been any
proof sufficient to establish the guilt
of a single legislator. On the contrary,
positive evidence 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 consideration made
TO secure a vote for the respondent
In order to change the result of the
election it would be necessary to es-
tablish that eight members of the leg
islature 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 conditions relating to such mat
tiers. The presumption is that if their
financial condition was better they ac-
quired it innocently. From their well
known character, ] do not believe them
dishonest. and even if they were it
must be remembered that there was
much legislation before that assembly
involving millions of dollars, in which
some of the memorialists were deeply
interested, and although they appear
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