New-York tribune., 1900-05-19
NO HOPE FOR CLARK.
RESOLUTION MULTIPLYING HIS ELECTION
TO BE PRESSED To PASSAGE.
IBY TELEGRAPH To THE rRIBuxE.I

IBY TELEGRAPH TRIBUNE.l
Washington, May 1S.-The decision reached
this morning by the Senate Committee on Priv
neges and Elections TO press the passage Of the
resolution multiplying w. a. Clark's election as
Senator from Montana for the term beginning
March 4. 1890. will have the effect of closing
the doors of the upper house of Congress that
political equiibrist for least the rest of the
current session. The committee was not unani-
nous in voting to continue It's efforts to invalid
ate the Montana Legislatures original action. IN
spite of Mr.. Clarks cleverly devised scheme OF
resignation and reappointment- But the two
thirds support given to Mr. Hoar's proposal to
push the committees finding to vote in the
Senate indicates the strength Of the feeling in
the deliberative branch. that stone should be
left unturned to prevent Mr.. Clark's return to
membership on terms repugnant to the Sem
ate's sense of dignity and suggestive of po-
litcaI trickery and scandal.
Three members of the committee-Messrs.
Pettus Harris and Pritchard-took the strictly
technical view that. whatever the validity OF
Mr. CIark's original cf office. all processes
to question upset his title fell with his resig-
nation as a Senator. The other six members
present-Messrs. HOar Chandler. Burrows. Nc
Comas. Turley and Caffery-cOntended that the
mere act Of resignation did not estop the Senate
from registering its opinion of the legality or
lIieSd1ty OF the montana lcSASldtutcS oSliohs
or from determining whether that action con-
stituted performance OF its constitutional ooli-
CATION TO fill the vacancy caused by the expira-
ton of Mr. Nantes term bitter attack on
Mr. Clark and his political methods is under
stood to have been made by Mr. Turley, the
senior Democrat the committee. and the at
titude taken by the Senator from Tennessee
probably reflects the opinion of the Montana
mans peanut tactics entertained by ma
t,a DanO r.
No vote was taken the question of referring
Mr. Clark's new recess appointment credentials
when they arrive. but not more than two or
three members of the committee believe that
the certificate issued by ACKNOWLEDGEMENTS
Spriggs should be received without question.
A telegram of protest from Governor Smith.
read at the committee meeting to-day, offers
sufficient ground on which to inquiry.
and Mr.. Chandler will undoubtedly demand an
opportunity to investigate the peculiar circum-
stances under which the Montana claimants
title obtained On test vote IN the
Senate motion to refer would probably nave
a two-thiTtls or three-fOurthS majority
PROTEST FROM GOVERNOR SMITH.
The protest filed by Governor Smith is dated
yesterday. and reads follows:
Hon w E. Chandler Washington:
possible my protest against the course pursued by
eoa es aOn o h s. Of II ne
resouog presented BY the CSmmtse Sg 1t n on Psy
and 10 protest against the methods pursued by him
Ii R durn y ABSENCE from the
State under circumstance and conditions which. 10
my mind, Indicate coIlusion and fraud. His con-
duct In aItemptng resgnati41 gi1o and pr6euflns % a
the matter was before a of justice would
have been considered a contempt of court on his
part
Senate will proceed to proper and complete con-
only of Mr. Clark. but OF thssstate of Montana. in
the the may G his Of ane 1Sa5
by tse 10 M e ih nd Ps
for investigation. and that be permitted 70 make
concerning the resignation and appointment OF Mr.
Clark.
A hearing the credentials. extending
into the closing weeks of the session. appears
therefore to be unavoidable; nor is there any
prospect that Mr.. Clark will find himself In
stalled in office when adjournment comes. 1t
further agreed IN committee TO let the
whole Montana controversy go over until Mon
day. on account of the various special orders to
be executed tomorrow Mr.. Chandler viii not
call the multiplying resolution up. will Mr..
Clarks new certificate be presented in the mean
time III IL arrives
EFFECT OF THE NEW APPOINTMENT
The announcement from Helena that Governor
Smith had appointed Martin Maginnis to I'LL the
vacancy from Montana now existing in the SEN
ate makes more imperative than ever decision
from the Committee on Privileges and Elections
credentials Mr.. Maginnis WILL of course con-
test the legality of the certificate issued to Mr.
Clark by observation-disclosures Spriggs on
grounds OF trtckery and collusiOn. and although
he may not make out strong enough case 10
obtain the seat for himself will at least be able
to prevent Mr. Clarks readmisson at the pres-
session.
Mr.. Maginnis is of the best known Demo-
cratic politicians In the Rocky Mountain group
OF States He was Delegate in Congress from
Montana Territory for six terms, from 1873 to
1880. and became Territorial Governor under
the first Cleveland Administration On the ad-
mission or Montana State he was elected
United States Senator. along with Mr.. Clark.
by the "rump'' Democratic Legislature OF 1850,
but failed TO obtain seat.