The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-28
Former Confident the Senator Was
Guilty of Corrupt Practices in
Securing His Election.
MONEY PAID TO LEGISLATORS
AND LARGE SUMS Discussed TO
AGENTS, 1T Is SAID.
Propositions Laid Down by Mr..
CIark's COunseI-A Victim of
Political Persecution.

WASHINGTON, March 27-The argu-
ment in the case of Senator Clark, of Mon
tana. which was to have been heard by the
Senate committee privileges and cleo
tions Tomorrow has been postponed until
Tuesday of next week, on account of the
enforced absence of some of the members
of the committee. The briefs on both sides
of the case have been distributed among
members of the committee. The brief of
the memorialists covers 142 pages and is
signed by ex-senator Edmunds, Mr.. Ar
thur A. Birney and ex-Congressman
Hartman. After reviewing the testi-
mony in detail counsel present the follow
ing established facts in the case from
the evidence adduced:
"First-That at least fifteen members of
the Legislature were paid by Mr.. Clark
and his agents for their votes
"Second-That at least nine others were
offered money for their votes and that the
total amount of offers proved aggregate
$4,000
"Third-That 100000 was offered by Dr.
Treacy, friend and agent of Mr.. Clark, to
bride the attorney general TO dismiss the
proceedings in the Welcome case.
"Fourth-That the same agent of Mr.
Clark offered Justice Hunt, of the Supreme
Court, 100000 to, dismiss the Welcome
"Fifth-That Mr.. Clark and his friends
engaged in wholesale bribery and attempt
ed bribery of members of the Legislature
to secure the election of Mr. Clark
After Analysing the testimony i'm the brief
the memorialists close with the following
summary:
"First-Our first proposition of fact is
that genera corruption practiced by
Mr.. Clains agents. We submit that the
evidence reviewed gives abundant support
to this contention. 1t is conceded that
$4,000 or more was spent to secure his
election; that after the general election his
agents Travelled about the State to secure
votes for him; that during the twenty eight
days of the session of the Legislature be-
fore his election he maintained in Helena
from $50 TO 400 men called in from all parts
of the State to influence members. and that
he paid at least their expenses, these
amounting to not less than $4,000, as adj
mitted. and that it was common knowledge
in Helena that votes were bought in his
interest.
"Second-Our second proposition that
such corrupt practices were known to and
authorized by him is established by the
proofs. which show that after having
placed with this committee the great sums
which he admits he made inquiry as to
how they spent them, asking no accounting
and no explanation and statement from
them, even when in the most solemn way
they were charged with having used that
money for purposes of bribery. He was in
Helena during the whole time of the strug-
gle in constant conference with the men
who gave the brides and expended the
money. and referred persons to them to get
money, and in conversation with Mr..
Whiteside, and again with Mr.. Hewett,
showed beyond contradiction his knowledge
of what was being done.
"Third-Our third proposition that Mr..
Clark personally engaged in corrupt prac-
tices and made efforts to secure votes by
bribery, is established by the testimony of
the Ector letters and his communications
frarr 10
action as testified to by both Mr.. Clark and
Mr.. Bickford: by the testimony of Rev
Mr.. Warren, that Mr.. Clark accepted the
suggestion that he should pay Representa-
tive Bonner $4,000 for his vote; by the tes-
timony of Mr.. Cason, supported by the let
ter he produced that Mr.. Clark directed
him to see Representative Marcyes and
offer him so. 900 for his vote and actually
paid Cason 500 for his services: by the
fact that he paid Representative Day 5000
for no other service than that performed
in the General Assembly and for his vote;
by the fact that he paid Representative
Finn 5000 for his vote; and that he told
| the witness Jackson, at Salt Lake City,
that he had used money TO secure his own
election. 1t is proved beyond a question
that he paid to the committee of three
| $4,000: to sundry persons. 81 $50; to Rep
resentative Day. 5000: to Representative
Finn, 5000; to William McDermott, S.. 900;
to John B. Welcome. $1,000; to Senator d.
G. Warner. $500; to Senator Mclaughlin.
| S16,500; to Senator Whiteside. 5000; to
Senator Myers, $4,000; to Senator Clark,
of Madison, $4,000; a total of $207, $780, and
direct and circumstantial testimony estab-
fishes the further payment of s105.500.
follows: To Representative III. III. Carr,
5000; to Representative Tierney. $4,000; to
Representative Bywater. $4,000; to Repre-
sentative Jacqueth, $4,000; to Representa-
| tive Woods. $4,000; to Representative SHOW
| lin, 1880 to Representative Harker, s., 900;
to Representative Beasley, $4,000; to Repre-
sentative Eversole, 5000; to Senator Hob
son. 1000; to Senator Gieger, ZOO.
'Fourth-Our fourth proposition that
through bribery of the members of the
legislature, Mr.. Clark's election was Sc
cured is established by the evidence that
money was paid in return for the advance
votes of Senators and members (whose
| names are given, as well as by the lack
of proof of any reason why other repre-
sentatives elected upon a ticket which
bound them 10 vote for Mr. Conrad for
United States Senator should have de-
f6ated the will of their constituents by
voting for Mr.. Clark, and the further lack
of any satisfactory explanation of a sud
den change of the votes of the eleven Re-
| publicans, who on the day of his election
cast their ballots for him. 1t is certain
| that but for these corrupt ballots he could
| not have been elected.
| "Fifth-Our fifth proposition that Mr.
Clark fagrantly violated the statutes of
| Montana in securing his election is estab-
| lished by the statutes and Senator Clark's
| admissions.
I'm conclusion, we submit that the evil
| dence taken a whole establishes corrup-
| ton in this election of Senator unpar-
| alleled i'm recorded precedents and conduct
| disgrace upon the institutions of our
| country"