Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-04-23

OF these last four cases Of attempted
brlbsry-of Clark OF Madison. Myers,
Carr and Whteside. 10 b. important 70
state. IN view OF the difference Of Opln.
ION IN the committee concerning the
credibllty OF Messrs Clark VI Madison,
Myers and Whteside. that the whole
committee find that n an the testimony
concerning the $4,000 and all the tesu-
mony OF Sir. Whtesl1e and Mr. Clark
OF Madison. were LAID aside there would
sim remain sufficient evidence in the
case 10 lead the committee 90 find as
they do. that Mr. Clarks election is
void
From the brberles which have been
established the majority Of the commit
tee feel justified IN finding that there
were other successes In procuring by
corrupt practices the votes OF members
Of legislatures where the facts nat
urally cannot be directly proved
CLARKs REPUBLICAN sUPPORI-
Frs sCORCHED.
OF the conduct OF the Republican
members of the legislature Who Noled
Tor Mr.. Clark. the committee says.
"The conduct Of the Republican mem
bers OF the legislature who on the lslh
Of January left their Republican CAM
dldate and voted for Senator Clark ana
gave him his election. In the opinion OF
the majority Of the committee calls Tor
special criticism There was am abso-
Lutte deadlock and no possibility OK the
election Of a Democrat without The aid
OF the Republicans II IS difficult 70 ac-
count Tor these Republican votes for
Senator Clark Senator Clarks candl-
dacy had been tainted on the 10Th on
January by the Whiteside exposure
The facts exposed had not been dis
proved on January 2s
"The reasons given for the Republican
votes for Mr.. Clark seem 90 be pretenses
and covers Mr Clark who had been
negotiating with Mr.. Hobs0n. the Lead
er of the Republicans, wrote letter on
the 10th OF January. In which he de-
rlared himself 20 be In favor 0f tariff
ON Montana products. Some OF the Re-
pubncans said there ought not 90 be a
deadlock and tina. Il would be better 10
have a Democratic senator than O va
cancy.
VOTES IMPROPERLY SECURED.
"No one pretends that any effort was
made 10 bring about the election OF any
other Democrat than Mr. clark, against
whose agents the charges Of bribery
have been made. The committee do not
say that the votes of an the eleven re
publcans were Improperly secured but
that those OF Gieger. Beasley and Bye
water has already been found. The cir
cumstances Of suspicion against the
others are numerous.
Senator S. S. H0bsOn Is mainly re-
sp0nsible for the action Of the Repub-
lean members. He was the chairman
of their caucus and the leader in the
Clark movement. He early began
negotiations with Mr. Clark and the
latters written promise that he would
be am independent tariff Democrat, was
addressed 10 Mr.. Hobson under date OF
Jan &C.
I'm the face Of an the facts tending
10 impeach the conduct of so many OF
the Republican members and OF the
evident political reasons why they
should not have contributed their votes
20 the election OF Senator Clark, q DEM
ocrat under the charges of corruption,
the anding that senator CRrk's cleo
ton was obtained by corrupt practices,
In the opinion OF the majority is much
strengthened by the action Of the eleven
Republicans who, on the fourth day OF
January abandoned their own party
and thus strangely elected a Demo
cratic senator
DIRECT VIOLATIONS OF LAW.
The committee says the direct viola
lions by Senator Clark and his conf
mlttee and agents OF the provisions Of
the Montana laws are OF the first im-
portance In connection with the con-
cmsions reached By the committee, on
this point the committee adds the fol-
loving
"He expended a sum vastly IN excess
OF the limit provided IN law. and failed
10 make any return and no such return
was made by the persons acting In his
behalf
Referring TO the destruction Of checks
and vouchers, II Is remarked that the
committee find the case proved without
relying upon such destruction Of checks
failure 90 render accounts and disregard
OF the legal limit OF eXpoditure But
they furnish 10 the committee stronh
additional reasons for believing the
other evidence which seems 90 them 20
establish the corruption charged
CLARK CANNOT RETAIN THE
SEAT.
only two points Of law are presented
as follows:
a. u Is clear that II by bribery or
corrupt practices on the part OF the
friends OF q candidate who are con-
Quoting his canvass votes are obtained
for him without which he would not
have had "A majority. his election should
De annulled although proof Is lacking
that DE knew Of the bribery or corrupt
practice
% II seems 20 have been admitted
that u the person elected clearly par
ucipated In any one act Of bribery or
attempted bribery he should be de-
priyed Of his office although the result
OF the election was not thereby
changed
Commenting on the legal phases Of
the case, the committee says.
According 20 the law, as understood
by the committee. Senator Clark cam
not De permitted 10 retain his seat He
received n votes and there were 20
against him, leaving him an apparent
majority Of Is. II he obtained through
Illegal and corrupt practices eisht 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 obtained.
TT also IS a reasonable conclusion
on the whole case that Senator Clark
Is fairly 20 be charged with knowledge
Of the acts done In his behalf by his
committee and his agents conducting
his canvass. He arrived In Helena
from Butte on January l. and remained
there until after his election and was
In constant conference with his com
mittee and agents"
ABOUT CAMPBELL AND DAILY.
Referring 20 Mr.. Campbelrs oonnec-
ton with the case the report says:
Much criticism has been made Of the
contestants, especially OF A. J. Camp.
bell, member Of the House Of Rrepre-
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 WhitosIde In the
OF the charges against SEN
at0r Clark, and they DO not approve of |