The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-05
IN DEFENCE OF Mr.. CLARK
Mr. Faulkner Arrsigns the Mon
tana Senator. Accusers.
His Statement Before the Committee
ON Privileges aud Elections Com
Mr. EdmuHds Announces what
the Prosecution Intends to Prove

made against senator Clark or Montana
was begun today by the Senate Committee
On Privileges and Elections. Former Sen
ator Edmunds OF Vermont appeared as
counsel for the contestants. nd former
Senator Faulkner Of West Virginia as
counsel for Mr.. Clark, who was present
in person. Mr.. Roger Foster. OF New
York, was introduced by Mr.. Faulkner as
] associate counsel.
Mr.. Chandler presided as chairman OF
the committee and most Of the members
were present. Mr.. Edm-lds stated his as
sociate counsel. Mr. .ison was unable
to attend the meeting IN account OF sud
den se..,us illness.
Mr. Edmunds said ne might not be in a
condition TO state with clearness and COM
pleteness what he expected u prove. He
did expect to prove, however, Lat all the
facts and circumstances set forth in the
memorials in the case had 1ctually taken
place, and that the funds used in bribing
the Legislature Of Montana we're furnished
by Mr.. Clark either directly or through his
son.
Mr. Edmunds desired 70 have the author
ity Of the committee TO summon quite
number Of witnesses. although, OF couy
he could not state whether they would tes-
tify as he expected. lie believed that they
knew the facts but could not say whether
they would testify TO them.
The chairman asked Mr.. EdmUnds
whether hat was all The opening he desired
TO make on behalf Of the contestants. Mr..
EdmuHds replied IN the Affirmative
The chairman enquired whether al the
papers in the matter IN the hands OF the
committee Were 90 be regarded as part OF
the case. These pagers included the tcs-
timony taken before the grand jury. the
testimony taken before the supreme court
OF Montana on the disbarmenr proceedings.
and Mr. Clark's own deposition. The tes-
Jiw0Ey Is In four oinereut forms. The
chairman desired 10 know whether OF not
that testimony was 20 be regarded as being
before the committee TO De considered on
/ its merits.
This proposition gave rise TO q long dis
Cussion between counsel aud members OF
the commiltee-cOuusCl FOR the contestants
, arguing that the papers in question should
be regarded as testimony. and counsel for
Senator Clark arguing that iJ should not
be, as i. was taken iu the absence Of their
. client and was lpart Of iU only q synopsis,
made up by the attorney general OF the
state, who was one or Nr. CIark's bitterest
foes.
Nr. FauILuer'S Statement
The question was finally permitted 70
pass over without any Immediate decision
and Mr.. Faulkner proeccdCd TO address the
committee in defence OF Senator Clark.
Mr.. Faulkner said:
Mr.. Chairman and Senators The fling
Of a criminal charge against anyone, pre-
Z
OF ascerJdlning its tTuthfuluess. and upon
those on whom is imposed the rrsponsi-
bility Of conducting the case. either for
the prosecution CT defence. a grave rcspOu-
slbility. How much greater is that resp0n-
sibilIty TO the committee and 10 the couu-
sci, when that charge Is made against one
who has been elevated TO so high and
responsible a position as that OF a Senator
in this, the greatest legislative body in
the world? This responsibility is further
increased, when it involves. NOT only a
criminal offence. but one Of moral turpi-
tude.
"Kuo zinC as We do the individual mem
bers Of Ihis committee. We are satisfied that
they appreciate as deeply as anyone the
importance OF the judgment that they will
render in this case, and that they Will bring
10 it's consideration, patience, discrimina-
tiOn. legal learning and a broad experience
Of human character. tnat Will enable them
TO separate the chan from the " heat. in
the final analysis OF The evidence iutroluc-
ed before them.
That the committee may enter iutelli-
gently upon the consideration Of this cause
il is necessary that We viii briefly review
the political conditions which have existed
in the State Of Montana IN the pemOcra. .ic
party during the last ten or twelve years
a bitter personal antagoniSm. on the
part Of Mr.. Daily, who has controlled for a
long time the great Anaconda mine. its
smelters and others works, 70 Senator
Clark. resulted IN the division of the DEM
ocratic party into two factions. designated
in the political parlance Of the State. as
the DAILY gang and the CLARK faction
The business interests Of Senator Clark
spreading. as they do over a large section
Of the country, has removed him to a great
extent from the yearly contests which have
taken place in that State leaving the
DAILY faction the dominating influence in
the Democratic party, except at those pc
riods in State politics when Senator Clark
deemed IL proper 20 contest a policy he
championed, or present his claims to the
citizens Of that state FOR political prefer
ment.
Determined Opposition.
1T is an acknowledged fact IN the po-
litical history Of the State. that the oppo-
nents of Senator Clark have not hestated
to declare it to be their fixed determine
tion, at all times, and under all circum-
stances. regardless Of party ties or the
public interest. 70 prevent his elevation to
party leadership. or the qualification Of
any political ambition that he may enter
tain. The truth of this was illustrated in
the Congressional election Of 1883, in the
Senatorial contest Of 1899. and Will be
clearly and conclusively demonstrated 70
the committee during the investigation OF
the charges now presented by that faction
I'm this connection it is proper that your
attention should be directed TO the unusual
fact which appears in this record, that not
a single candidate opposed to Senator
Clark. in his contest for this high honor. is
a party to the petition demanding redress
of any grievance which has resulted by
reason Of his election When the governor
signed his certificate OF election. he was
fully aware OF all the facts brought out in
the two investigations. held at the capitol.
and must then have been satisfied that
there was no sufficient reason to withhold
his credentials.
a most potent factor which appears
from the petition fled in the Senate Is the
charge which it contains. that sixteen citi-
zens Of Montana and tbirty-eight senators
and representatives of that State have
been charged with the crime Of felony un-
der its laws, either as bribers or as bribe-
takers, and although 4 year has elapsed
since the commission of the alleged Of
fence. not a single indictment has been
found. or presentment offered in any court
of that State, that these alleged criminals,