The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-16

Washington, May t5.-Thc Clark case
surprise to everybody 1t was not known
that scrator Clark would speak In his
owl behalf until he announced II today.
When he took the floor there was rush
hear him, for the multi millionaire from
Montana has not a strong voice and is not
lusty.lunged person, More than half
OF The republican senators occupied seats
was one Of The most intensely interesting
that has occurred during this session As
he proceeded reading his speech, It was
noticed that he was ylsihly affected. and
when he reached the point In hts speech
whero be declared that he had resigned,
the scene and the situation was dramatic [,
senators looked At one another in blank
astonishment and he press gang repre-
acntag afternoon papers fell over each
other to reach the telegraph room.
After deliberately reading a copy of his
letter OF resignation to the governor OF
Montana. Senator Clark, who had deliv-
cred his eautatory and his valedlctory
together. took his seat.
Instantly there was loud buzz Of CON
versation all over the senate and Senator
CLARK was Immediately surrounded by
senators. lie was given positive ova-
tion, Every democrat shook his hand and
nc was also taken by he hand by Over
one half the republicans member Of
the house who was on the nsDr said that
almost every man who shook hands with
Clark expressed the hope that he would
return to the senate, 1t was evident that
Senator Clark had made many friends dur
Ing bis stay in the senate add that he
had made more by his action today.
The sequel. however, to this dramatic
situation has SGT the town agos ana ere
ated intense surprise and renewed In
terest In this case.
It was stated late this evening by Son
ator Carter, his colleague from Montana
that Clark had been Immediately az
pointed senator by Lieutenant Governor
lSpriggs, acting governor Of Montana, in
the absence Of Governor Smith in Calls
fornia, to MI the vacancy created by his
resignation. This was q wholly uuex-
pocted coup on the part of Clark and his
friends, as It was understood that Gov
ernpr Smith was hostile to Clark and al
lied with the DAILY faction,
I After the gasps Of surprise had sub
eli aI tnia a
thought began to figure on the Legality Of
tho situation involved in this case taking
II for granted that Clark was or would
be appointed and that he would accept,
which he says he viii do
The legality of the situation is about
this,
1. The senate has adjudged that where
the legislature OF State has had an OPP
portunlty to elect and has failed to do So
mo power to appoint vests in the gov
ernor.
., The committee on privileges and
elections makes a finding and reports
unanimously to the sennto that the logts-
lature OF Montana at It's sixth assembly,
did not make a legal election of senator
g. Pending an adjudication upon th's re-
port. the respondent confesscs judgment
and resigns.
4. Judgment pro contesso does not
vltlate the Jurisdiction Of the senate.
3. II Is necessary 10 determine wheth-
er or not there was a legal election by
the Montana legislature, in order 10 pass
upon the subsequent question Of the right
OF the governor TO appoint.
This simply means that II the senate
passes the resolution NJ the committee on
privileges and elections, which Il prob
ably viii do. Clark will be denied admls-
sion 10 the senate on the same ground
that Quays claim was rejected
There his. up 10 this time, been no
official confirmation OF this appointment,
but It probably Is true.
Washington. May 10 -isaeusatlon was
sprung in the senate today soon after tho
body convened. Scarcely had the routine
business been concluded when Mr., Clark
(Mont) rose and addressed the chair on
question Of privilege personal to him
self,
Mr.. Clark said ut has not been M
intention to disturb the recognized ira
ditions OF this most honorable body by
intrudiug my opinions upon any questions
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