Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-16
Possible Effect Of Clark's Appointment
as Senator.
MUST DECIDE WHEN VACANCY CAME
Last Nights Action Of Montana's
Acting Governor.
VIEWS AT THE CAPITOL


ate will hardly work.
Mr.. Clark, after every possible effort had
been made to organize a fight upon the
commit ee report in the Senate and after
it had been found that no such contest could
succeed, resigned. and suddenly, the resig-
nation being so timed to find the gov.
ernor of Montana absent from the state
and the lieutenant governor. a friend of
Clark's. acting governor. He was instantly
reappointed by the acting governor, and he
as promptly accepted the appointment.
The Question at Issue.
In order to determine whether or not the
vacancy from Montana is of such charac-
ter as can be filled by the governors ap-
pointment, 1t must be definitely ascertained
when the vacancy occurred. If it existed
through a term of the Montana legislature
by reason of that body failing to legally
elect the is similar to that of Mr.
Quay, and the appointee cannot be seated
If it occurred yesterday on the resignation
being rendered the appointee will be en-
titled to the seat. unless he should be judged
to be disqualified by reason of any action on
his part determined by the Senate to furnish
just and reasonable grounds for dsqualifi-
cation.
The committee on privileges and elections
of the Senate has decided unanimously
that there was no election by the Montana
prior to the meeting of the legislature. Mr..
Clark makes this decision of the Senate
committee the grounds for his resignation
In order to determine when the vacancy
occurred the Senate will have to act in some
way upon the findings Of the committee on
that question. If the resolution reported
from the committee is adopted it will dis
pose of the case as far as any possibility of
Mr.. Clark's getting back the seat is con-
cerned. If the Senate rejects the resolutions
or the committee it will thus turn down the
committee as effectively as If the resolutions
had been rejected without the resignation
having been rendered. and will adjudse Mr.
Clark entitled to the seat on the original
contest. affected only by his own act of
resignation, and also entitled to reoccupy
the seat by appointment
. Unless, therefore. the Senate is prepared
to decide that Mr.. Clark " as entitled TO the
seat IN the first instance. Notwithstanding
the adverse report of the committee there
appears to be no possibility of his being per
mltted to enter the Senate on the appoint-
ment OF the acting governor The apparent
purpose to ?verreach the Senate will, it is
beileVed lnJure. rather than help Mr..
tlark case. 1t Is suggested that he can
not by an act Of his own make legal a
fraud. If one was committed in his election.
Notice of Appointment.
Mr. Clark last night received the follow
ing telegram, announcing his appointment:
HELENA, Montana, May II.
Senator w. A. Clark. Washington:
! have the honor to inform you that I
nave this day appointed you to fill the va
cancy In Montana's representation in the
Senate of the United States. | send Won
certificate by registered mail 1 trust YOU
Will accept the appointment.
(signeO A. E sPRIGGs,
Acting Governor.
Mr.. Clark Accepts.
Mr.. Clark responded, accepting the ap-
pointment, in the following dispatch:
WASHINGTON, May u.
Hon. A. f. Spriggs governor of Montana.
Dear Governor: I have the honor to ac-
knowledge the receipt of your very compli-
mentary message informing me of my ap-
pointment TO fill the vacancy in the | Tnited
states Senate caused by my resignation,
ana TO INFORM you of my acceptance there
OF. lully appreciate the high compliment
implied by your action and pledge myself
to discharge the duties of the office in The
interests of all the people of the state to
the best of my ability. With the assurance
of my esteem,
am yours sincerely
(SigneD w A. CLARK
Comments of Senator's.
Senators generally declined to express
opinions upon the effect of the appoint
ment of. Mr.. Clark. Senator Chandler.
chairman OF the committee on privileges
and elections, would only say, when in
trick won't work"
Senator Hoar, second member of the COM
mittee in rank would not consent to ex-
press any opinion at all
senator McComas. republican member
OF the committee, said: "If the repOrt of
the appointment is true apparently the case
would depend upon the fate of the pending
resolution reported by the committee on
privileges ana elections in the Clark case.
If that resolution should be passed it would
be judgment of the Senate to the effect
that the seat was vacant from the beginn-
ing OF the term, and we should then have
IN the lark case substantially a repeti-
ton or the Quay case. If the resolution
should not pass, then the appointment of
Mr. clark would be the filling of a vacancy
occasloned on. by his resignation and would be
quite the ordinary case of filling a vacancy
by executive appointment
senator CaHery. democratic member of
the committee, heard the sta tement of Sem
ator McComas and concurred in the conclu
sion. adding: IF the Senate finds that
Clarks election was void by reason of the
corrupt use of money. this finding will be
equivalent to saying that the vacancy was
never niieo. and according to the prece-
dents or the Senate the vacancy cannot be
filled by executive appoint ment."
Senator Frye.s View.
Senator Frye, prcsidem pro tenn. of the
Senate, said that under present conditions
a vacancy existed. He had ordered Mr..
Clark's name stricken from the roll on the
statement that he had resigned. If Sena-
tor Clark presented credentials in due form
he would be sworn In unless objection
was made. Mr.. Frye was Of sopinion that
the question OF right to the SCAT would be
determined afterward. although 1t would be
question for the Senate to ssiecde when
the question was raised. !,
senator Jones OF Arkansas said the mat
ter would depend upon the action of the
Senate upon the resolution of the commit
tee declaring the election void If ii should
be adopted the vacancy created would be
the same as in the Quay case. failure of
the legislature to elect
Senator Aldrich of Rhode Island said
that Senator Clark had made a mistake in
getting the appointment. 1t would possibly
revive the whole case in the Senate and
perhaps force action on the report of the
committee.
Senator Allison said: "If the appoint
ment Is made under the statutes of Montana
l don't think 1t can be undone by the gov
ernor upon his return to Montana More
over. my opinion, without, having had op-
portunity to investigate the case closely. is
that @ Senator clark's resignation takes eff
feet from the time it was rendered. 1 do
rot believe that the fact that the resigna-