Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-18
CASE AGAINST CLARK
Senate Committee Decides on Ad-
verse Action.
Vote ON RESOLUTION WAS 6 TO 3
Protest From Governor Smith of
Montana.
A SPIRITED DISCUS SSION

| The Senate committee on privileges and
| elections this morning directed Chairman
| Chandler to press action on the Clark reso-
| luton as originally reported. The language
of the resolution follows: Resolved, That
| the chairman be directed to press to a vote
the resolution reported by the committee
The Discussion.
The adoption of the resolution was pre-
ceded by discussion Of the various points
| involved in the controversy, including the
proper course to be pursued with reference
to Mr.. Clark'S credentials when they are
presented to the Senate. The principal dis
cussion was, however, based upon the reso-
| luton directing the chairman to press the
resolution hitherto reported to the Senate
from the committee declaring that Mr..
Clark was mot duly and legally elected to
a seat in the Senate
The vote on the resolution stood 6 to 3.
Senators Pritchard, Harris and Pettus cast
ing their votes in the negative. These SEN
ators expressed the opinion that the resig-
nation of Mr.. Clark had the effect of def
n1tely settling the case and that the Senate
was not called upon to take further action
Senators Chandler, Hoar. Burrows, McCo-
mas, Caffery and Turley took the opposite
view. holding that Mr.. Clark's resignation
did not in any way bar the further action
| OF the Senate, as the resolution is directed
at the action of the legislature in originally
attempting to place him in office.
The discussion was spirited and personal
at times. Under Senator Chambers orig
inal notice, the resolution will come up in
the Senate at L O'Clock tomorrow, and by
direction of the committee he will make
strenuous effort to secure early considera-
ton of it.
Gov. Smiths Protest.
The following dispatch was received and
| read to the committee from Gov Smith.
dated Butte, Mont, May II:
Hon w. E. Chandler, Washington:
Il desire to present in forcible man.
ner as possible my protest against the
course pursued by Mr.. w. A. Clark in at
tempting to defeat the action of the Sem
ate of the United States upon the resolu-
ton presented by the committee on privi-
leges and elections affecting his title to a
seat and to protest against the methods
pursued by him in securing an appointment
at the hands of the lieutenant governor
during my absence from the state under
circumstances and conditions which to my
mind indicate colusion and fraud. His
conduct in attempting resignation and
procuring a reappointment under the con-
dltlons as he did. If the matter was before
court of justice, would have been con-
sidered a contempt of court on his part
therefore trust that the committee and
the Senate Will proceed to a proper and
complete consideration of the question, so
that the rights. not only of Mr. Clark but
OF the state of Montana, in the premises,
may be determined, and that upon the pre-
sentation of his credentials Of appointment
by the lieutenant governor the same be
transferred to the committee on privileges
and elections for investigation, and that 1
be permitted to make more complete and
detailed statement of facts concerning the
resignation and appointment of Mr.. Clark"
Reference of Credentials.
There was no vote upon the question Of
the reference of the credentials under the
tanfan1nf pnv ninfr hut
there is no doubt that the committee holds
the reference should be made, especially
in view of Gov. Smiths letter.
Senators Pritchard and Harris expressed
themselves as opposed to the reference Of
the credentials when they arrive.
The principal participants in the contro-
versy over the motion to press the COM
mittee resolution We're Senators Turley for
the motion, and Pritchard in opposition.
Mr.. Turley took the position that when
the Senate assumed jurisdiction of the case
it no longer rested with Mr.. Clark to de-
termine it by resigning, while Mr.. Pritch-
ard held that the right of resignation was
a personal right and could be exercised at
any time. He also contended that the
vacancy in the seat occupied by Mr.. Clark
began when the latter made the announce
ment of resignation.
There were some references to the reap
governor. indicating the opinion on part of
some of the senators that it was not in ac-
cord with the senatorial idea of securing a
seat in the Senate.
Effect of the Action Taken.
Unless the Senate, by a majority vote.
decides to sanction the peculiar methods of
Mr.. Clark, it appears that he has COM
pletely overreached himself by his resigna-
ton The decision of the committee On
o1o to foi
sage the resolution declaring that there
was no legal election in Montana means
that they will either get vote at this ses-
sion or that the resolution will stand a
barrier across Mr.. Clark's path. II Clark
had not resigned, the inability of the COM
mittee to reach vote, should 1t develop
through a filibuster on the part of his
friends, would have prolonged C1ark's time
in the Senate, and 1t might, in view of the
eagerness for an early adjournment, have
kept him in the seat until the next session.
Under the new condition. however, if the
friends of Mr.. Clark can succeed in pre-
venting vote on the resolutions so that
Congress shall adjourn without action 1t
will leave Clark still on the outside. unless
a majority of the Senate deliberately votes
to accept his new credentials notwithstand-
ing the pendency of the resolution and all
the scandal and trickery connected with the
case.
The Case to Go Over.
An agreement has been reached between
the members of the Senate committe on
privileges and elections and the friends Of
Senator Clark that the matter shall go
over until Monday; that no effort shall be
made to get action on the committee reso-
luton tomorrow, and that If Mr.. Clark's
credentials arrive prior to that time they
shall not be presented before Monday. This
is due to the fact that there are already
a number of special orders for tomorrow in
the Senate.
Million Dollars for Militia
Senator Sewell. from the committee on
military affairs, today made favorable re-
port on the House bill appropriating an