The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-17
His Resignation from Senate and APP
pointment Same Day Regard
ed as a "set-Up Job.v
SENATORS IN A aUANDARY
HAVE NOT YET DECIDED WHAT TO
DO IN THE CASE.
Governor smith Indignant at the Ac-
tion of His "subv I'm Appoint
ing Clark So Hastily.
70 the Indianapolls journal.

Special 70 the indianapolis Journal.
WASHINGTON. May 16-washington is
still talking about the coup of w. A Clark.
Of Montana, in resigning from the Senate
and being reappointed Senator the same
day. So far as senators will express an
opinion to the effect of this action they
are divided. The committee privileges
and elections will meet on Friday TO con-
slider and report to the Senate the course
e thinks the Senate ought to pursue. II
the resolution heretofore reported from
that committee declaring the election of
Clark illegal and the seat vacant. consid-
Grafton of which has been postponed till
Saturday. should yet be passed by the Sen
ate II is held In some quarters that this
would be equivalent 10 saying that the
Montana Legislature, having had an OPP
portunity 10 fill the vacancy had failed to
do so and that therefore the Governor has
no right to appoint. On the other hand it is
argued that the term of Mantell did not
expire until March 3. 1899, on which day
the Montana Legislature was not in session
and that therefore the Governor has the
right to appoint. Again, II the Senate
drops the resolution or fails to adopt IL this
would be equivalent TO an admission that
Clark was really a Senator and that his
resignation did create a vacancy and that
the Legislature not being in session the
Governor mad a right to appoint.
Another technical point Is that Clark re-
signed on March Is. and Governor Spriggs
made the appointment on the same day.
The journal of the Senate will show Clark
present that day. 1t is a general rule of
law that a day is not divisible. To this
rule, however there are exceptions. but
to know beforehand what would constitute
an exception. Spriggs may date Clark's
credentials May Is. which would settle the
point here alluded 70. The unbiased opin-
ion is that Clark viii not be seated. and
does not expect 10 be, but wanted the APP
pointment for the advantage 1t would give
him in the campaign for reelection. which
he has already begun By Mr.. Spriggs $
action the Senate door is shut against any
one else, whether Clark is permitted to
enter or not
The whole thing looks like trick. Gov
ernor Smith, of Montana, an anti-Clark
man, was called away TO California on
business. Lieutenant Governor Spriggs at
the same time went to the Populist conven-
ton at Sioux Falls. s. ID. Under the Con-
stitution of Montana, when the Governor
Is absent from the State, the lieutenant
governor becomes Governor, and in the
absence from the State Of both Governor
and lieutenant governor the president pro
tempore OF the State Senate becomes Gov
ernor. Governor Smith was in California
when Clark resigned That fact was teIe-
graphed to Spriggs. He Immediately ap-
pointed Clark and notified him by tele-
graph, and Clark accepted by telegraph
1t 1t was not a set-up Job 1t looks much
like one 1t remains to be seen whether
the Senate will submit to 1t.