The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1900-05-21

| good many republican senators believe ne
has been treated badly, but 80 long as
| there was no minority report from the
| committed there was no chance Tor ms
| friends to do anything in his behal' ~
is announced on authority that ne expeces
TO seek his vindication at the hands OF the
people of Montana. and his friends are
! now carving on a vigorous campaign to
| that end.
Mr.. Clark said he had no desire to cast
aspersions on the members or the elecuoh
committee. but said he was forced TO
| the conclusion-which he believed met
with the concurrence not Only OF ldi so
number of senators on both sides oil the
chamber. but of his constituents In the
state OF Montana. regardless or poltlcai
| afiliations-that the methods OF pro-
ccdure in the investigation were mani
| testify unfair non-judicial and the Verdlct
entirely opposite TO that which wouid
have occurred If the evidence had been
confined To that which was admissible
and pertinent to the issue.
II is true. he said. that there was
strong effort made by the senators from
Alabama. Maryland Kansas and North
| Carolina a; the beginning of the investl-
cation TO exclude all the Irrelevant tesu-
mony. but their efforts were unaVah-
ing.
All Kinds of Testimony.
THE result Of the admission OF all
kinds of heresy. irrelevant, malicious
/ and perjured testimony" he continued
was damaging I'm The extreme to the re-
/ spondent. as through the medium OF both
I the respectable and the venal press the
most Widespread publicity was given
/ throughout the land to some of the perm
I cious falschood-. touching the respondent
4 and likewise a large number OF most
/ t-nfnent and upright legislators who sup
ported him and who are the peers OF tie
boasted men of any state In this union.
THE prevailing theory Of presumptiVe
/ innocence was largely ignored ana the
entire proceedings were closely analogous
"a tbe Drcyfus ease, whore the prosecu-
ton was based upon presuInptloh ~
uuiIf. I'rccedtutS established since i'''
nave been lightly considered, lntornatloh
I antirsl,. disrcrarded. it has heretofore
he.n held that there must be proved act
ual completely OF fraud on the part OF inc
principal. OF actual, not presNIiip mp ~
know ledge OF corruption on tAe part ..
mis- AGENTS. or that IL must be proved not
Inferred. that sufficient number Oh ieS
islalors have been corruptly lnHuehc.u ~
chang, the result Of the election. as 10
the FIRST proposition no evidence was au-
duced that was accepted by the commit
to- and no charge of completely has Deeh
made IN he report.
single instance. in my opinion nor In the
opinion OF the eminent counsel VINO llHtI
20 establish the guilt OF single legls'a-
'Cn -he contrary positive evidence has
been elected in every case where the
. raeuou.lt m was allowed to introduce tcS-
timouy hat no consideration was gwen
or tI or promised. nor any conSld-
erat.an made TO secure a vote for the
respondent.
"Iu order % change the result of the
election h would be necessary TO estab-
fish that eight members 81 the legislature
NJ nWrfffHTep0
Much stress Ia been laid on the
.,.ut...-. .l,.- ui-..Al.sl condition OF Two or
hree LEGISLATORS before and after the
senatorial contest These men gave full
explanation of the circumstances and
4 conditions relating TO such matters, The
presumption Is that IL their financial CON
dition was better they acquired II inno-
Gently This is a plain proposition of law.
and the burden of proof did not rest upon
them From their well known character
/ do not believe them dishonest and
even II they were. IL must be remcm-
hercd thai there was much legislation he
fore that assembly involving millions ~
dollars i'm which some Of the memoriallsts
were deeply Interested, and although they
appear here as apostles OF purity. II IS
wei known i'm Montana they would nos
rail 10 test the priority OF every man IN
the most unscrupulous manner to pro-
mote their own interests"
''They were actively engaged In prevent
ing a revision OF the infamous election
law enacted at their instance which the
honest people Of Montana We're endcavor-
in the circle. by which thcS" people have
been enabled 10 Coerce every man in their
employ into casting his ballot 20 suit their
"Thcv were also deeply Interested IN
attempting the repeal If law requiring
cages in every mine, which Jaw they have
totally dI-regardcd. II is charged TINT
many lives have been lost 10y reason of
this disregard of the law"
Daily Will Continue the Fight.
Senator clark sharply criticised the com
mittee's findings IN details and attributed
his defeat for congress in 1883 to Marcus
paly's "envious and diabolical desire to
forever destroy my political influence" He
introduced an original affidavit by George
L. McGrath. who says Daily told him the
only effective course open to force Clark 5
. retirement was TO charge Clark morning
noon and night. with bribery. 20 have the
DAILY men I'm the Legislature procure money
from the Clark people and then expose
the bribery and later suggested letting
three or four of his ODalys) men have a
Z few thousand dollars TO show IN the Ieg-
I ielature as Clark's money. The commit
tee had refused TO hear McGrath The
vote Of republican legislators for him. Mr.
Clark explained. was the result Of caucus
F action and acquaintance with local condi-
lions. He charged the committee with
+ seeking to enforce laws for Montana lie
arraigncd Congressman Campbell as be
I tray!ng his friends. receiving the political
support OF the Clark people and after
election being employed by the Anaconda
/ company and working for Clark's defeat
/ lie reviewed Days course IN the state
capital fight and charged the Anaconda
company with spending a million dollars.
/ Mr.. Clark then read his letter OF resigna-
+ ton addressed to the governor and dated
| May llth. as follows:
Dear Sir. The sixth legislative assem-
bly, on the 18th day of January, 1880. elect
ed me To- represent the state of Montana
. IN the senate of the United States for
! tie term commencing on the 4th day Of
March. 1850.
Under the authority of the credentials
signed by the governor OF the state |
entered upon the discharge of the duties
/ OF that position on the first Monday Of
I last December, after qualifying by taking
the o0th of Office prescribed by law
On the fourth day of December, 1892
two it emOrials were presented To the SEN
/ ate OF the United States praying that
f my right and title to continue to act as
/ titled 10 my election should be investigat-
I ed. These memorials, with the accOmpa-
nying papers We're referred TO a standing
committee of that body.
After protracted investigation of the
allegations of said memorialists the COM
mittee has submitted its conclusions to
the senate I'm which IL finds the seat
which l now occupy under the credentials
issued by authority of the vote taken in
the joint assembly of the legislature on
the 18th day of January, 1899 should be
! declared vacant.
! None of the charges affecting my per-
sonal honor, or which alleged that | had
! personally been guilty of corrupt prac-
/ tees have been sustained by the finding
/ or the committee.
J of no Of