The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-04-24


had been negotiating with Mr.. Hob
son, the leader of the Republicans,
wrote a letter on the 18th of January.
in which he declared himself TO be in
favor of a tariff on Montana products.
Some of the Republicans said there
ought not to be a deadlock. and that
il would be better to have a Democratic
senator than a vacancy.
Bribery of Republicans.
mo one pretends that any effort was
made to bring about the election of
any other Democrat than Mr.. Clark,
against whose agents the charges of
bribery have been made. The COM
ulittee do not say that the votes of all
the eleven Republicans were improp-
erly secured, but that those of Gieger,
Beasley and Bywater were, has al
ready been found The circumstances
of suspicion against the others are
numerous.
Senator s. S. Hobson is mainly re-
sOonsihle for the action of the Repub-
lican members. He was the chairman
of their caucus and the leader in the
Clark movement He early began ne
gotiations with Mr.. Clark and the lat
ter's promise that he would be an in
dependent tariff Democrat was ad-
dressed to Mr.. Hobson under date of
JAa. is.
In the face OF Ill the facts tending
to impeach the conduct Of so many of
the Republican members and of the
evident political reasons why they
should not have contributed their votes
TO the election of Senator Clark, a
Democrat under the charges of cor
ruption, the finding that Senator
Clark's election was obtained by cor
rupt practices, in the opinion of the
majority is much strengthened by the
action of the eleven Republicans who,
on the 4th day of January, abandoned
their own party and thus strangely
elected a Democratic senator"
Violations by Clark.
The committee says the direct viola
tons by Senator Clark and his COM
mittee and agents of the provisions of
the Montana laws are of the first i'm
portance in connection with the con-
illusions reached by the committee. On
this point the committee adds the fol-
lowing:
He expended a sum vastly in excess
of the limit provided in law and failed
TO receive any return, and such return
was made by the persons acting in his
behalf"
Referring to the destruction Of
checks and vouchers, il is remarked
that ''tke committee find the case
structiOn of checks, failure to render
accounts and disregard of the legal
limit Of expenditure. But they fur
nish to the committee strong addition
al reasons for believing the other evil
dence which seems to them to estab-
lish the corruption charged"
Only two points Of Jaw are pre-
sented, as follows:
% It is clear that if by bribery or
friends of a candidate who are con-
Quoting his canvass votes are obtained
for him without which he would not
have had a majority, his election
should be annulled. although proof is
lacking that he knew of the bribery
or corrupt practice.
~ It seems to have been admitted
that if the person elected clearly par
ticipated in any one act of bribery or
attempted bribery he should be de-
prived of his office. although the result
Of the election was not thereby
changed
Commenting on the legal phases Of
the case. the committee says: "Ac-
cording to the law, as understood by
the committee, Senator Clark cannot
be permitted to retain his seat. He re-
ceived fifty-four votes, and there were
twenty-nine against him, leaving him
an apparent majority of twenty-five. If
he obtained through illegal and corrupt
practices eight votes which would
otherwise have been cast against him.
he was not legally elected. More than
this number of votes the committee find
from all the evidence was thus OBJ
tanned
TT also is a reasonable conclusion on
the whole case that Senator Clark is
fairly 70 be charged with knowledge of
the acts done in his behalf by his COM
mittee and his agents conducting his
canvass. He arrived in Helena from
Butte on Jan. 4, and remained there
until after his election, and was in con-
staEr conference with his committee
and agents"
Mr.. Campbell's Part.
Referring to Mr.. Campbelrs connec-
ton with the case, the report says:
Much criticism has been made of the
contestants, especially Of a. J. Camp
bell, a member OF the house of repre-
sentatives and an active prosecutor OF
the charges against Senator Clark.
Some members of the committee can
not refrain from expressing their dis
approval Of many Of the methods pur-
sued by Campbell and Whiteside in the
prosecution Of the charges against Sen
atOr Clark, and they do not approve OF
the action of Mr.. Daily in agreeing To
furnish an unlimited amount of money
20 carry on the prosecution.
while it is true that bribery can
never be proved by the testimony OF
the br1ber nor of the person bribed. and
that it is almost always necessary 10
obtain the required information from
gO-betweens or persons who have ex-
plored the field and made reports back
ward and forward as to the probability
Of obtaining results by bribery, yet
some members of the %ommittee be-
leve this does not justify the character
or acts which are proved and esstab b.
hShed against Mr.. Campbell. Some
members Of the committee, however. dc
not join in any criticism Of Mr.. Camp
bell and Mr.. DAILY"
Supreme Court Affair.
The majority Of the committee ex-
press the opinion that the transactions
concerning the judges of the supreme
court of Montana need special consid-
Grafton, and relating the circumstances
connected with this episode, they re-
mark:
Upon the foregoing undisputed facts
and other facts which are cOntroverted
majority of the committee believe
Senator Clark's agents in their desper-
alton on account of the decision of the
court to take jurisdiction in the Well.
come case, attempted an improper ap-
preach TO the judge of the court and IL
Attorney General Nolan, WHICH Of itself
cannot but have a certain influence in
the consideration of the other acts OF
the agents in connection with the SEN
atorial election.
A majority Of the committee, how.
ever believe the transactions were res
inter alios acta. and that the evidence
does not sufficiently bring home TO Sen
ator Clark or his agents any improper
attempt to influence the court or the
attorney general"
The report was presented by Senator