The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-03-27
failed. recognized that he was worthy
OF this consideration.

Grave Admissions.
"Mr. Day admits that no part of this
5000 went to the other members of the
law firm of which he is partner. The
contention on the part OF Mr., Day and
Mr.. clark that this was Il gift will de-
ceiye no one. II was received in direct
violation Of the oath OF Mr.. Day that
he would not knowingly receive direct
ly or indirectly any money or other
valuable thing for the performance or
non-performanc of any act or duty
pertaining 10 my office, etc. And By
strange coincidence It was received on
the same day that Representative BY
waters mythical brother. who lives all
over the coast, reached Helena, and,
according to Bywater paid him 5000
for some mining stock, which $4,000, to-
gether with $1,000, Bywater had kept
in his trunk all winter was deposited
in the Montana National Bank. This
5000, which, according to the tesu-
mony of MIR. Clark, was delivered to
Mr.. Day by Mr.. Davidson, was entirely
overlooked by Mr.. Davidson when he
gave his testimony. He remembered
having pall MIR. Day $500 or $500, and
that he had paid him money but once.
But he had entirely forgotten the pay
ment Of 5000 to Mr.. Day.
''Air. Fine informed the committee
that he had been employed by Mr..
Clark since the adjournment of the
Legislature in working up a case look
ing toward the dlsbarment of W. A.
Clark, .of Madison county; that he had
not been in his employ before, and that
he had arranged this employment with
MIR. Clark himself. He had copied two
papers in the court records of Madison
county, which consumed from half
to three-quarters OF an hour time, and
seen seven or eight witnesses regarding
their testimony before the supreme
court. This was all the service he had
performed, but he had received the sum
of $3.50, and was still In Mr.. Clarks
employ. lie also voted for Clark.
Propositions of Law,
The following five propositions of law
are submitted as properly controlling
in this case:
First-rhat proof of general and eX-
tensive corruption in connection with
the election and operating upon the
members Of the Legislature is sufficient
to warrant and require Judgment OF
the senate that the election was void,
Second-That II, as the undisputed
evidence proves, Mr., Clark appointed u
committee or 4 body OF agents by
whatever name they may be called, to
whom he eonaded the general charge
Of the operations looking to his election
as senator and supplied them with
money to carry on his cause, and they
entered upon such agency, and in the
course Of II were guilty OF corrupt pTac-
tees to secure votes for him, Mr.. Clark
is Just as much affected thereby as II
he had himself done the same thing, al
though he may not have known that
such conduct was to be or was prac-
tlced and did not intend that 1t should
be.
Thlrd-.That If, as the undlsputed evil
dence proves, Mr.. Clark was present
al the capital during substantially the
whole time OF the struggle and In con-
slant communication with his agents,
he was bound to know what means OF
accomplishing his election were being
resorted to, and must be charged with
NJ
Fourth-That II 1t appears to the
satisfaction Of the committee that
voters were corruptly influenced and
procured TO vote for MIR. Clark, with
out whose votes he could not have re-
ceived a majority, then the election
yas void without regard to the ques-
ton Of whether such votes were OBJ
tnined by himself, his agents or by
strangers -
means and used the money which the
statutes of Montana command he shalI
rot employ and use. to procure ms
election, the election Is absolutely void,
as much so as IL direct bribery had
been practiced.
After analyzing the testimony In the
brief Of 142 pages the memoriallsts close
with the following summary;
Summary of Evidence.
"Flrst-our first proposition of fact
Is that general corruption was praesseed
by Mr.. Clarks agents We submit that
! the evidence reviewed gives abundant
support to this contention. It is con-
coded that one hundred and thIrty-nine
thousand dollars or more We're spent
10 secure his election: that after the
general election his agents Travelled
about the state to secure votes for him;
that during the twcnty-eight days OF
the session Of the legislature before his
| eleotlon he maintained in Helena from
| s5O 10 400 men, called in from all parts
Of the state to influence members, and
that he paid at least their expenses
these amounting to not less than forty
! three thousand doll0rs, as admitted!
and that It was common knowledge IN
Helena. that votes were bought In his
interest.
"second-our second proposition that
such corrupt practices were known to
and authorized by him Is established
by the proofs, which show that after
having placed with this committee the
great sums which ne admits nc made
NO inquiry as to how they spent them,
nskIng no accounting and no exDlaua-
tlon and statement from them, even
! when in the most solemn way they
were charged with having used that
money for purposes Of bribery He was
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