The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-03-28
ARGUMENTS BEFORE THE SENATE
COMMITTEE or INQUIRY DE-
FERRED TILL TUESDAY
SUMMING UP OF THE CONTEST
MEMORIALISTS CHARGE DIRECT
BRIBERY AND EXPENDITURE
OF FULLY $I76,0OO
DEFENSE ALLEGES CONSPIRACY
Marcus DAILY Is Named as the Man
Who Is at the Helm In Seeking
to UnSeGt Mr. CIRrk-DOcu-
ments VOIuminOus.

WASHINGTON. March 27.-The argu-
ment in the case of Senator Clark, of
Montana, which was to have been heard
by the senate committee on privileges and
elections tomorrow, has been postponed
until Tuesday of next week, on account
of the enforced absence of some of the
members of the committee
The briefs on both sides of the case
have been distributed among members
of the committee. The brief OF the me-
moralists covers 142 pages, and is signed
by ex-senator Edmunds. Arthur A. Birney
and eN-Congressman Hartman. After re-
viewing the testimony in detail counsel
present the following as established facts
IN the case from the evidence adduced:
First-That at least fifteen members of
the Legislature were paid by Mr.. Crark
and his agents for their votes.
Second-That at least nine others were
offered money for their votes, and that
the total amount of offers proved as-
gregate $l75,U0O
Treacy, a friend and agent of Mr.. Clark,
to bribe the attorney general to. dismiss
the proceedings in the Welcome case.
Fourth-That the same agent Of Mr..
Clark offered Justice Hunt, of the su-
preme court, 100000 to dismiss the Well
come case.
Fith-That Mr.. Clark and his friends en-
gagged in wholesale bribery and attempted
bribery OF members of the legislature to
secure the election of Mr. Clark.
Much IS made of the testimony alleging
efforts to bribe Justice Hunt and Attor-
ney General Nolan in the Welcome dis
barment case. On the ground question OF
fact these deductions are made:
DEDUCTIONS MADE.
First-That general corruption was prac-
tieed by Mr. Clark $ agents.
Second-That such corrupt practices
were known to and authorized by him.
Thlrd-That he not oniy authorized such
practices by his agents, but personally en-
gagged In them and made efforts to secure
votes by bribery.
Fourth-That through corruption by
means Of bribery of members of the leg
islature his election was secured.
Fifth-That while the laws of his state
prohibit the use of more than 81 COO by q
candidate for the senate to secure his
election, Mr.. Clark employed for this pur-
pose, by his own confession, at least
S39,CO0 and that the committee appoint
ed by him TO expend this money violated
the laws of the state by falling to make
G. report thereof, as requested by the
statute.
The following five propositions of law
are submitted as properly controlling in
this case:
First-That proof of general and exten-
SiVe corrupt practices in connection with
the election and operating upon the mem
berS of the legislature is sufficient to
warrant and authorize a Judgment of the
senate that the election was void
Second-That as the undisputed evidence
proves Mr.. Clark appointed q committee
or q body of agents, by whatever name
they may be called, to whom he confided
the general charge Of the operations look
Ing TO his selection as senator and sup
plied them with money to carry on his
cause and they entered upon such agency
and In the course OF 1t We're guilty of cor
ruDt practices to secure votes for him
Mr.. Clark is just as much affected there
by as If he had himself done the same
thing, although he may not have known
that such conduct was to be or was prac-
uGed and did not intend that it should be.
LhlrdmIhat r. as the undisputed evil
the capitol during substantially the whole
time of the struggle and in constant COM
munication with his agents, he was bound
10 know what means Of accomplishing
his election were being resorted to, and
must be charged with knowledge of their
acts.
Fourth-That, II it appears to the sat-
isfaction of the committee that voters
were corruptly influenced and procured to
vote for Mr.. Clark, which votes he could
then the election is void without consid-
erauon OF the question whether such
votes were procured by himself, his
agents or by strangers.
Flrth-If Mr.. Clark employed the means
or used the money which the statutes of
Montana command he should not employ
or use, to procure his election. the cleo
ton Is absolutely void, as much so as
If direct bribery had been practiced
In conclusion we submit that the evil
dence, taken as a whole establishes cor
ruption in this election of a senator M
paralleled in recorded precedents, and
conduct which, If Justified, would bring
shame and disgrace upon the institutions
of our country"
BRIEF OF DEFENSE
The brief of the defense, signed by Hon.
Charles j. Faulkner and Mr.. Roger Fos-
ter, covers 232 pages, and is divided into
discussion Of the facts and law in the
case from Senator Clark's standpoint
The document is throughout an arraign-
ment of the prosecution. 1t begins with
the assertion that IAN examination Of
this testimony will confirm the most
skeptical in the belief that those VINO seek
10 brand majority of the representatives
Of a sovereign state es dishonest and as
p bTibe takers, are Influenced by no lofty
purpose of remedying an evil, nor is it
entered upon from a desire to maintain
the integrity of the members of the sem
ate of the United States. The facts shown
in this record fully justify the assertion
that those who originated this prose
ton were controlled only by sentiments
of the bitterest sentimental and political
hostility"
1t is then declared that no man who Is
candidate for the senate in opposition
to Mr.. Clark has given encoura cement or
countenance TO the contest, that fifty-two
Of the hfty-siX newspapers in the state
supported Mr.. Clark, and that the senti-
ment in the state of Montana is SO uni
versal for Mr.. Clark that the leading spir-
it Of the protestants, whose wealth has
supported and whose prejudice mas ami
mated this prosecution, has found it nee
essary to invest large sums Of money in
the purchase OF the press of the state,
and in other cases by the establishment
of newspapers with the hope of check
ing and dividing the sentiment of the peo-
Pile Of Montana.
Proceeding ON this line counsel assert
that the testimony has shown the fight
on Senator Clark's right TO a seat in the
senate ito be an attempt to use the
terms purity and honesty to cover the
cloven foot of personal malice 1t has
been shown by the testimony to be an
attempt to use the great powers conferred
upon the United States senate, net with a
view Of correcting an evil, but with the
hope of destroying the character and i'm
peaching the integrity of a personal ard
political rival"
MR.. DAILY NAMED
After some other preliminary remarks
ehe brief definitely and specifically names