The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-04-24
TN NOW RESTS WITH THE SENATE,
REPORT OF COMMITTEE HAV-
ING BEEN MADE
CONCISE TEXT OF FINDINGS
Inquisitors Declare That the Mon
tana Senator Is Not Entitled
to Retain His Seat-Law
Points Brief.


of printed matter. 1t does not rehearse
the testimony. but simply presents the
findings of the committee and the rea-
sons for its course. The finding of the
committee Is stated as follows:
THE finding of the committee is that
the election to the senate of William A.
Clark, of Montana, is null and void on
account of briberies, attempted briberies
and corrupt practices by his agents and
of violation of the laws of Montana de-
fining and furnishing crimes against the
elective franchise"
In view of this finding the committee
reports and UNANIMOUSLY recommends
the adoption by the senate Of the follow
ing resolution:
Resolved, That William A. Clark was
not duly and legally elected to seat
in the senate of the United States by the
legislature of the state of Montana"
The report concludes with a strong
recommendation for an early considera-
ton Of the case, as follows:
''The senate should, as a duty to itself
and to the country, demonstrate by it's
action. in this case that seats in the
United States senate, procured as Sena-
tor Clark's has been procured, cannot be
retained by the deliberate Judgment of
the senate. The senate also owes a duty
to the people of Montana who, conscious
Of the bad repute into which the state
had fallen by reason of vast expendi-
lures of money In connection with its
elections, manifested such a public SEN
timent that the legislature of 1895 passed
a statute which, if obeyed, would have
rod i t.
For the direct and gross violations Of
that statute and the consequent discredit
which continues to rest upon the state
Montana has right to expect a prompt
and decisive remedy from the action of
the senate upon the report of this COM
mittee.'
FINDINGS OF COMMITTEE.
The committee states that its finding is
made in view of certain admitted or un-
disputed facts, with their attendant cir
cumstances, appearing in the testimony
taken by the committee. and these are
enumerated under fifteen headings as
follows:
!: The expenditures In the contest of
1895. as testified to by Senator Clark and
Gov Hauser.
2. Quotes the law Of 1895, relative to
crimes against thes elective franchise
which limited in purpose and amount the
political expenditures. which could be
made In any election
3. Asserts that Senator Clark has been
constantly a candidate for Office and gives
his record in that respect and notes the
organization of committee in his interest
sultation with his friends I'm Butte.
4. In the canvass which ensued the
approximate expenditures admitted by the
various members of his committee and
their assistants Were 9as follows: BY
Charles w Clark. $4,000; by McDermott,
S22.OOo; by o Davidson, agent z, 300; by Well
5000; BY Whitmofe $500; by Cooper CO ST.
800, mainly furnished by Charles w
Clark; the amount of these expenditures
Senator Ser Clark himself paid to his son.
Senator Clark to his committee and
agents, as admitted by him, amounted to
about $139, 600, of which sum Charles w.
SIS, geo: Oct; 7, $2O. 600; Nov. %. 10000. and
Feb. j; 1900, 1872; and, in addition to
this $4,000, Senator Clark paid 5000 to
McDermott. one of his agents; $1,000 to
Welcome, his attorney. and SIS 900 to E.
G. Day, member of the legislature
Sections 6 to Is deal with the business
of Mr. Clark and his representatives
with members of the legislature, includ-
ing the purchase Of Representative Nc
Laughl:n's property. the tender of $1,000
to Representative Woods to raise the
mortgage on his ranch and the subse-
quent sale of the ranch, the establish
ment of a bank, after the adjournment of
the legislature, largely through the ef-
forts of Senator Tierney and Represen-
tatives Eversole and Shevlin, of Broad
water county; the sale of lots and other
property in Jefferson county to a rep
resentative Of Mr.. Clark by Senator
Warner, the conduct of Messrs Carr,
Gieger, Fine. Beasley and Bywater and
the present OF $1,000 to Representative
Day after the adjournment of the leg
islature. After detailing circumstances
the committee says:
while the findings of the committee
are justified by the foregoing admitted
and undisputed facts with their at
tendant circumstances standing alone,
these facts are strengthened by addi-
tional facts including various unsuccess-
full attempts to secure votes by offers Of
money which. although denied, are found
by the majority of the committee to be
sustained by the preponderance of the
testimony"
LAW POINTS.
Only two points of law are presented, as
follows:
1. 1t is clear that. if by bribery or cor
rupt practices on the part of the friends
of candidate who are conducting his
canvass, votes are obtained for him, with
out which he would not have had ma
jority. his election should be annulled, al
though proof is lacking that he knew
of the bribery or corrupt practices.
If the person elected clearly participated
in any one act of bribery or attempted
bribery he should be deprived of his Of
flee, although the result of the election
was not thereby changed.
The majority of the committee express
the opinion that the transactions con-
corning the judges of the supreme court
of Montana needed special consideration"
and after relating the circumstances con-
nected with this episode they remark:
Upon the foregoing undisputed and
other facts which are controverted a ma
jority of the committee believe that Sen
ator Clark'S agents., in their desperation
on account of the decision of the court
to take jurisdiction in the Welcome case,
attempted an improper approach to the
judges OF the court and to Attorney
General Nolan. which fact cannot but
have certain influence in the considera-
ton of the other acts Of those agents In
connection with the senatorial election. A
minority of the committee, however. be-
lieve that the transactions were res inter
altos acta, and that the evidence does not
sufficiently bring home to Senator Clark
or his agents any improper attempt to
iT1uence the court or the attorney gem
eraI"
The Observation Cars
OF the new Northern Pacific electric-light-
ed North Coast Limited" can be seen
at the Union station, St Paul, from S:15
to 1915 p. m. on Tuesday evening April
"a 1t requires ten of these trains to
supply the requirements of this trans
continental service. Go down and look
them over.
Fargo Line Sleeping Car Service
Via the "MiIwaukee."
Through sleeping car leaves ST Paul