Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1900-03-30
THEY DIFFER QUITE WIDELY
Briefs Submitted I'm the Clark Case
Take Very Opposite Views of tho
Montana Senntor,s Political Conduct.

Take Very Opposite Views OF tho
Montana Senator's Political Conduct.
Washington, March 2s.-The argu-
ment i'm the case of Senator Clark, OF
Montana, which was to have been
heard by the senate committee on cleo
tions to-day, has been postponed un-
til Tuesday of next week. The briefs
on both sides of the case have been
distributed to members of the COM
mittee. The brief of the memorial
lists is signed by ex-senator Edmunds,
Arthur A. Birney and eX-Congressman
Hartman.
On the general question of fact the
following deductions are made:
Firstz-That general corruption was
practiced by Mr.. Clnrks agents.
Second-That such corrupt prac-
tices were known to and authorized
by him.
Third-That he not only authorized
such practices by his agents, but per-
sonally engaged in them and made ef-
forts to secure votes by bribery.
Fourth-That Through corruption
| by means of bribery of members of
the legislature his election was Sc
cured.
| Eifth-That while the laws Of his
state prohibit the use or more than
100000 by candidate for THE senate
to secure his election, Mr.. Clark en-
ployed for this purpose, by his own
confession, at least $4,000, and that
the committee appointed by him to
expend his money violated the laws of
the state by failing to make a report
thereof, as required by the statutes.
The following propositions of law
are submitted as properly controlling
in this cause:
"That proof of extensive corrupt
practices in connection with the cleo
ton is sufficient to warrant judg-
ment of the senate that the election
was void.
"That if, as tie undisputed evidence
proves, Mr.. Clark was present at the
capital during the whole time of the
struggle and in constant communica-
tion with his agents, he was bound to
know what means of accomplishing
his election were being reserted to;
and must be charged with knowledge
of their acts.
"If Mr.. Clark employed the means
and use the money which the statutes
of Montana command he shall not use
to procure his election, the election is
absolutely void, as much so as if direct
bribery had been practioed."
The brief of the defense, signed by
Hon. Charles j. Faulkner and Roger
Foster, is divided into discussion of
the facts and the law in the case from
Senator Clark's standpoint. The doc
ument is throughout am arraignment
of the prosecution. 1t begins with the
assertion that ian examination of this
testimony will confirm the most skep-
tical in the belief that those who seek
to brand a majority OF the representa-
tives of a sovereign state as dishonest
and as bribe-takers are influenced by
no lofty purpose of remedying an evil,
: nor is it entered upon from n desire
to maintain the integrity of the men,
: bership of the senate of the United
States. The facts shown in this rec
ord fully Justify the assertion that
. those who originated this prosecution
+. were controlled only by sentiments OF
the bitterest personal and political
hostility"
r 1t is then declared that no man who
{ was candidate for the senate in op.
: position to Mr.. Clark has given en-.
: couragement or countenauce to the
!. contest; that SO of the SO newspapers
III uIle Sbutt SuIJpuTbSu -hT. tIsbTh, sinO
0 that the sentiment in the state oi
Montana is so universal for Mr. Clarl,
: that the ''leading spirit of the pro-
a testants, whose wealth has supported
Q this prosecution, has found it neces
h sary TO invest large sums OF money in
the purchae of the press of the state
!, and in other cases by the establish
q ment of newspapers, with the hope oi
2 dividing the sentiment OF the people
I of Montana"
v Proceeding on this line, counsel as
sert that the testimony has shown the
K. fight on Senator Clark's right to 9
seat in the senate ito be an attemp
:. TO use the terms purity and hon
:, esty' to cover the cloven foot of per
, sonal malice. 1t has been shown by
y the testimony to be AN attempt to us,
:, the great powers conferred upon tn,
9 United States senate, not with n view
:, of correcting an evil, but with th'
. hope of destroying the character of ;
personal and political rival"
e The brief names Mr.. Marcus Dal.
IL as the chief instigator of the contest
e The contention is then made tina
: the prosecution of the case is the re
y suit of a conspiracy.