New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-05-16
that the resolution relating to the case go over
until tomorrow
The request agreed to.
SENATORS DISCUSS THE CASE.
THE TRICK WON'T WORK" SAYS CHAIR
MAN CHANDLER

MAN CHANDLER.
Washington. May 15.--Senators generaliy ue-
clined to express opinions on the effect of the
appointment of Mr.. Clark by the Lieutenant
Governor of Montana. saying the problem was
too new for them to discuss. and that investlsa-
ton would be necessary Senator Chandler
chairman of the Committee on Privileges anu
Elections, would only cay, when informed Oh Tue
appointment: II reckon the trick won't WORK.
Senator Hoar, the second member of the COM
mittee In rank would not consent to express
any opinion at all. Senator McComas. Re-
publican member of the committee said:
IL the report of the appointment is true. ap-
parently the case would depend upon the fate OF
the pending resolution reported by the Committee
Privileges and Elections in the Clark case IL
that resolution should be passed IT would pc
judgment of the Senate to the effect that the
seat vacant from the beginning or the
term and we should then have in the Clark
case substantially a repetition of the Quay case.
If the resolution should not pass, then the APP
pointment of Mr.. Clark would be the hliing OF
a vacancy occasioned by his resignation. and
would he quite the ordinary case of hiling a
vacancy by executive appointment
Senator Caffery, Democratic member OF the
committee, heard the statement of Senator Nc
Comas, and concurred in the conclusion. adding:
If the Senate finds that Cark's election was
void by reason of the corrupt use of money.
this finding will be equivalent TO saying that
the vacancy never filed and, according to
the precedents of the Senate the vacancy can
not be filled by executive appointment
Senator Frye president pro tenn. Of the Sen
ate, said that under the present conditions
vacancy existed. He had ordered Mr.. Clark's
name stricken from the roll on the statement
that he had resigned. If Senator Clark pre-
Scented credentials in due form. he would be
sworn in unless objection was made. Mr.. Frye
was of the opinion that the question of right to
the seat would be determined afterward, al
though it would be question for the Senate to
decide when the question was raised.
Senator Jones' of Arkansas said the matter
would depend on the action of the Senate on the
resolution Of the committee declaring the cleo
ton void If it should be adopted the vacancy
created would be the same as In the quay case
failure of the Legislature to elect.
Senator Aldrich said that Senator Clark had
made mistake in getting the appointment 1t
would probably revive the whole case in the
Senate and perhaps force action on the report
of the committee
Senator Allison said;
If the appointment is made under the statutes
of Montana | don't think IT can be undone by
the Governor upon his return to Montana
Moreover, my opinion without having had OPP
portunity investigate the case closely, is that
Senator Clark'S resignation takes erect from
the time il was rendered. I dc not believe that
the fact that the resignation is rendered pend
ing an investigation have any effect. In
the Caldwell case, indeed. further proceed
ings we're taken after Mr.. Caldwell rendered
his resignation
Senator Butler, Populist, said:
I don't think that the Senate can refuse to seat
Mr.. Clark According to all precedents, vacan-
cies occur when a resignation is rendered, and
the fact that such is considered the case in this
instance is supported by the immediate elimina-
ton of the name of Mr.. Clark from the rollcall
after he notified the Senate of his resignation.
That was sufficient recognition of the vacancy to
commit the Senate to 1t.
CLARK ACCEPTS REINFORCEMENT.
Washington. May Ex-senator Clark tonight
received the following telegram announcing his
appointments:
Senator w. A. Clark. Washington
l have the honor to inform you that have
this day appointed You to fill the vacancy in
Montana's representation in the Senate of the
United States. send you certificate by regis
tered mail. l trust you VIII accept the appoint
ment. A. E. SPR1GGS, Acting Governor.
The Senator also received the following tele-
gram from his SON.
Governor spriggs to-day appointed you as SEN
ator Congratulations Z. W. CLAIM.
Senator Clark accepted the appointment in
the following message:
Washington, May 10.
Hon. A Z. Spriggs, Governor of Montana.
Dear Governor: / have the honor to acknowl-
edge the receipt of your very complimentary
message informing me of my appointment to
fill the vacancy IN the United States Senate
caused by my resignation, and to inform you
of my acceptance thereof. fully appreciate the
high compliment implied by your action. and
pledge myself to discharge the duties of the Of
flee in the interests of all the people OF the State
to the best of my ability.
With assurance of my esteem am, yours
sincerely, w. a. CLARK.