Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-28
BOTH SIDES HAVE
FILED their BRIEFS

he failed. I recognized tina he was
worthy of this consideration"
"Mr. Day admits that no part of this
$4,000 went to the other abe of the
law firm Of which he is a partner. The
contention on the part of MI. Day and
Mr.. Clark that this was a gift will de-
ceive no one. 1t was received in direct
violation of the oath of Mr.. Day that he
would not knowingly receive. directly
or indirectly. any money or other valu-
able thing for the performance or non
performance of any act or duty pertain
ing to my office etc. And. by a strange
coincidence it was recorded in the same
day that Representative Bywater's myth
ical brother. who lives all over the coast
reached Helena and. according to By
water. paid him $4,000 for some mining
stock. which $1,000. together with $4,000
Bywater had kept in his trunk all win
ter. was deposited in the Montana Ma
tional ank This $4,000 which. accord
ing to the testimony of Mr.. Clark. was
delivered to Mr.. Day by Mr.. Davidson,
was entirely overlooked by Mr.. David
son when he rave his testimony. He re-
membered having paid Mr.. Day $20o or
$500 and that he had paid him money, but
once. But he had entirely forgotten the
payment of 5000 to Mr.. Day.
"Mr. Fine informed the committee that
he had been employed by Mr.. Clark since
the adjournment of the legislature in
working up a case looking owards the
disbarment Of w. A. Clark of Madison
county. that he had not been in his en-
ploy before and that he had arranged
this employment with Mr.. Clark himself.
records of Madison county. which con-
sumed from a half to three-uuarters Of
an hour of time and had seen seven o.
eight witnesses regarding their testimony
before the supreme court. This was all
the service he had performed. hut he had
/ rpcpiVa6 the S111n nf * AGO and yvoS Sti11
in Mr.. Clark's employ. He also voted
for Mr.. Clark"
| On the general question of fact. the fol-
lowing deductions are made:
"First-That general corruption was
practiced by Mr.. Clark and agents.
"Second-That such corrupt practices
were known 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 though corruption by
means of bribery of members of the leg
islature his election was secured.
l "Fifth-That while the laws Of his
state prohibit the use of more h 81 900
by a candidate for the senate to secure
his election, Mr.. Clark employed for this
purpose, by his own confession, at least
$139, 900 and that the committee appointed
by him to eXpend this honey violated
the laws of the state by failing to make
d IepOTl lIIcIeo1, dS IeQuIIeu ny luS
statutes.
"The following five propositions of law
are submitted as properly controlling in
this cause.
'First-That proof of general and ex-
tensive corrupt practices in connection
with the election and operating upon the
members of the legislature is sufficient
to warrant and require a judgment of the
senate that the election was void.
"Second-That if, as the undisputed
ayvidGnnn nrnVaS Mr. (N1op.k onnniNfa6 ia
committee or a body of agents. by what
ever name they may be called, to whom
he confided the general charge of the OPP
erations looking to his election as sena-
tor and supplied them with money to
carry on his cause. and they entered up.
on such agency and in the course of it
| We're guilty of corrupt practices to Sc
cure votes for him, Mr.. Clark is just as
much affected thereby as if he had him
self done the same thing, although he
may not awe known that such conduct
was to be or was practiced and did not
intend hat it should be.
"Third-That if the u%ndisputede violence
proves Mr.. Clark was present at the cap
ital during substantially the whole time
Of the struggle n in constant communi-
cation with his agents, he was bound to
know what means Of accomplishing his
election were being resorted to and must
be charged with knowledge of these acts.
"FOurth-That If it appears to the sat
isfaction of the committee that voters
were corruptly influenced and procured
to vote for Mr.. Clark without whose
votes he could not have received a ma
jority, then the election was void with
out regard as to whether the votes was
secured by himself, agents or by strang-
erS.
"Fifth-If Mr.. Clark employed the
means and uesd the money which the
statutes of Montana command he shall
not employ and use to procure his elec-
ton the election is absolutely void, as
much so as if direct bribery had been
practised."
After Analysing the testimony in the
brief of 142 pages, the memorialists close
with the following summary:
"First-Our first proposition of fact Is
that general corruption was practiced
by Mr.. Clark's agents. W. submit that
the evidence reviewed gives abundant
support to this contention. 1t is conced-
ed that $139, 900 or more was spent to se-
cure his election, that after the general
election his agents raveled about the
state to secure votes for him, tina dur
ing the 2S days of the session of the leg
islature before his election he maintain
ed in Helena from $50 to 400 men called
IN from all parts of the state to influ-
ence members n that he paid at least
their expenses, these amounting to not
less than 5000, as admitted and that it
v.~~ ~----- 49,