The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-05-16
SENATOR
CLARK
Tells the Senate he's the Victim
Of "A Conspiracy.

Mr.. Clark, of Montana, rose and address
ed the chair on a question Of privilege
personal to himself Mr.. Clark said:
1T had not been my intention TO dis
turb the recognized traditions of this
most honorable body by intruding my
opinion upon an yquestions that might
arise for consideration during the pres
ent session, but the question called up to-
day for consideration vitally concerns
my own interests and the interests of
this great state which I have the honor
in part to represent, that l shall ask the
indulgence Of the senate while I briefly
as possible, submit some remarks, refer
ring first to the character of the investi-
cation; second, to the majority report of
the honorable committee on privileges
and elections, which have submitted find
ing adverse to the retention of my seat
in the senate; third, the the conditions
existing in the state of Montana for q
number Of years prior to my election
which justified my political action and
lastly a statement as to the course which
I deem best to pursue in the premises.
at is not my desire to cast any asper-
sions upon the motives which actuated
the distinguished senators composing
the committee, and yet with the most re-
spectful consideration for the learning,
legal ability and eminent standing of
these gentlemen, am forced to the con-
clusion, which / believe meets with the
concurrence Of not only a large number
of senators on both sides of this chamber
but also eighty per cent Of my con-
stituency in the state of Montana, re-
gardless Of political Affiliations that the
methods Of procedure in the investigation
of this matter were manifestsly u lfair
non-judicial, and that they resulted in 4
verdict Of the committee entirely OF po-
site to that which would have occurred
should the evidence have been confined
70 that which was admissible and per-
tinent to the issue.
Il contend that an investigation in
volving a seat in the highest legislative
body Of this nation, as well as the hcror
of an individual chosen for that position
| by the people of one of the sovereign
states thereof, should be condu ted in 4
strictly judicial manner, and that in the
proceedings, the established rules of evil
dence should be applied. 1t is well known
that this was not the case. It is known
[
the honorable senator's from Alabama
Maryland, Kansas and North Carolina,
at the beginning of the investigation, to
exclude the irrevelant testimony, but
their efforts were unavailing
The result of the admission If all
kinds Of hearsay, irrevelant, mischlev-
out and perjured testimony wes damag-
ing to the respondent as though the
medium of both the respectable and the
venal press the most widesuread p5licity
was given throughout the land to some
Of the pernicious falsehoods touching the
respondent and likewise a large number
of most eminent and upright legislator.
who supported him and who are the pees
Of the boasted men OF any state in tni
union.
THE prevailing theory Of presumtiv,
innocence was largely ignored and tn,
entire proceedings were closely analo
gous to the Dreyfus case, where tn
prosecution was based upon a presump
tion of guilt. 1t has heretofore been he'll
that there must be proved actual com
plicity of fraud on the part of the princi
pal or actual, nor presumptive, know
edge of corruption on the part of hi
agents, or that it must be proved, no
interfered, that a sufficient number O
, legislators have been corruptly influence
, to change the result of the election.
AS to the first proposition, no proc
: was adduced that was accepted by tn
: comittee and no charge Of complicit
has been made in the report.
"As TO the second proposition, not i
single instance has there been an
Of single legislator. On the contrary
positive evidence has been elected in ey
cry case where the respondent was al
lowed to introduce testimony that n
consideration was given or received, q
promised, nor any consideration made
secure a vote for the respondent.
I'm order to change the result of tn
election, it would be necessary to estat
lish that eight members of the legisla
!, ture were corruptly influenced.
/. Much stress has been laid upon tn
comparative financial condition OF tw
or three legislators before and after tn
senatorial contest These men gave fu
explanation of the circumstances re
J lating to such matters. The presumptio
is that If their financial condition wa
better they acquired it innocently. Thi
is a plain proposition of law and III
burden OF proof did not rest upon them.
From their well known character d
! not believe them dishonest, and even
they were is must be remembered, theJ
, was much lgislation before that assem-
!. bly, involving millions of dollars, in whic
: some OF the memorialists were deepl
interested. and although they appea
here as apostles of purity IL is we