The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-29

| The Committee on Privileges and Elec-
tons OF the Senate, at the conclusion o
its session on Tuesday, January %. an
nounced that today it would resume its IN
vestigation into the charges preferred
against Senator William A. Clark OF Mon
| tana by certain members OF the legisla-
| ture and citizens OF that State The rea-
son for the rather long recess was that
the memorialists had no new witnesses 10
present, and former Senator Faulkner,
counsel-in- chief for Senator Clark. OBJ
jected to opening the defence until the
prosecution had rested its case. Another
reason advanced by Mr.. Faulkner was that
the printing Of the evidence was in ar
rears and he had been unable to analyze
it and Gull the salient points in the case Of
the memorialists for the purpose OF re-
buttal.
When the examination Of David G..
Brown had been concluded Representative
Campbell counsel-i chief for the me-
morialists, said that he had no more wit
nesses and he supposed he would have
none for day or two unless he were al
lowed TO take some of the parties on
the other side"
Senators Gallery aad Turley appeared to
desire that the case should proceed. Mr..
Faulkner met this by saying: 81 feel that
this is a serious case and an important
one. You have granted every indulgence
to the other side. | have asked for no in
diligence. l only ask that we be permit
ted to present our case at any time that
the committee may deem 1t proper that |
CHI ha In
and proper way. l think it is fair ami
Just TO me-"
The lull for a week in the enquiry has
given time for thought and opinion at the
Capitol to crystalline and the preponder-
ance OF that opinion appears to be that
Senator Clark will retain his seat in the
Senate. 1t appears that the case of the
memorialIsts has grown weaker as ii has
progressed beyond the testimony Of the ,irst
few days Their line of witnesses, accord
ing to their own statements, is nearly ex-
hausted and they have not. according to
the opinion of close observers who have
followed the course of the enquiry, proven
the charges contained in the memorial on
which the enquiry was ordered by the Sem
ate.
It is a contention of the memorialists
that before the committee they do not have
to prove their charges by the strict
rule of evidence that must be observed by
a public prosecutor in a court at law. On
the other hand, II is known and recognized
that there are certain rules which the
Committee on Privileges and Elections has
applied to other cases and which it will
apply to the one at bar, and which. if il
shall apply. so far as the testimony already
in shows. must result in the acquittal of
Senator Clark. One Of these rules is that
a Senator must have been personally guilty
of bribery; that he must have committed
bribery himself or have been cognizant that
is was committed If 1t be proved that
friends committed bribery for him without
his countenance. it is not bribery in the
man for whom the offence was committed.
even though he be the beneficiary. This
was the rule adopted by the committee
in the Ingalls, case. and it will be the rule
followed in the Clark case.
The memorialists in the Clark ease,
thus far have come no nearer to showing
connection between Senator Clark and
the instances OF alleged bribery than by
inference, and it is understood that the
committee will not deprive a United States /
Senator Of his seat on an inference. II Is
Contended by certain disinterested observ-
ers that the memorialists have not even !
proven that Bickford or Welcome COM
mitted bribery to advance the political !
ambition of Senator Clark, and the thread !
Of testimony by which the plaintiffs have |
sought TO prove the agency OF Welcome |
and Blckford for Clark has been very slen |
der. It has not been shown, even though |
Bickford or Welcome paid money to GER
ain members OF the Legislature. that this
was Senator Clark's money, that they
icted under his authority, or that he even
knew OF 1t. Under the ruling of the COM
nittee in the ingalls, case the memo
-ialists must prove this agency in order
20 win their cause.