Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-11
QUESTION OF
: A SUCCESSOR
Will Gov. Smith Have Power
to Fill Clark'S Seat?
|lF SO, WHO WILL IT BE?
Both Propositions Present Complex
ties DAILY "Purifiers" Might
Be Rewarded.
IF 50, WHO WILL IT Be?

onOulO the UnlteQ states senate en-
dorse the action of the senate investi-
eating committee and declare w. A.
Clark's seat in that body vacant, will
Governor Smith have the power to make
an appointment to fill the vacancy, and
who will be his choice?
That is the question that is now alb
sorbing the attention Of the politicians
and other citizens of Butte. There are
many people here, however, who believe
that Governor Smith will not have a
chance to act on the matter, because
they do not look for a vote from the sem
ate on the Clark case for several months
They argue that the Quay case has been
hanging fire in the senate for man.
months and that in all probability the
Clark matter will not be taken up in any
greater degree of haste. The decision in
the latter case will a an important
bearing on he Clark case, in that, if
the senate shOuld reverse it's precedent
in the Mantle case n decide that Quay
was entitled to his seat, the governor of
Montana would hav the power to APP
point.
If the senate should carry the Clark
case to it's legal conclusion and decide
that Mr.. Clark was not entitled to his
seat in that body, it is held that it will
mean practically that there was no legal
election, and the Mantle precedent would
govern, unless reversed in the Quay case
as stated. If Mr.. Clark should tender
his resignation, however, and the senate
should stop all further proceedings,
under that section of the constitution
which gives the executive of the state the
power to fill all vacancies, caused by
death or resignation, the governor would
undoubtedly have the power to appoint.
On the other hand. it is argued, that if
Mr.. Clark should resign and the senate
still proceed with the case and declare
Mr.. Clark's seat vacant, the matter
would be still in the same position, viz:
That there had been no legal election,
n therefore the governor would not
have authority to make ar appointment
to fill the vacancy.
Who will be the governors choice?
The general reply to this question would
be: Anyone that Mr.. Marcus Daily might
select. There are a number of names to
draw from among the purifiers of poll
tics. Whiteside's comes first, w. A. Clark
of Madison second, Myers of Ravalli next.
Then there is Hartman, who has a writ
ten guarantee in his pocket that he would
be the next United States senator from
Montana. Mr.. Hartman, however. was
paid a large retainer for his services to
the DAILY wing of the democracy and the
people believe that he has been sufficient
ly rewarded. But a fitting climax 1t
would be to the whole nasty mess to APP
point Hartman to the senate-the Gaping
infamy to the whole proceeding.
Whiteside's share in the democratic
fight entities him to the first considera-
ton. He was the heavy villain of the
drama enacted in Helena and later trans
ferred to Washington. State Senator
Clark's claims are many and he will in
sist that he be not ignored. He bears
the same name and initials as the de-
feated incumbent and feels that he is
1 il1Cf nC 0nn1nnf0nf Ia 49, -A-A-
In Washington as his millionaire name
sake.
1t is understood that Governor Smith
will also ask vindication at the polls mex
fall and will be a candidate for governor,
He is said to a the guarantee of the
Anaconda crowd whose scheme it will be
to attempt to control both the democratic
and republican conventions. It was hint
ed that Governor Smith might resign,
place Spriggs in his seat and have him
self appointed to the senate, but in view
of the fact that Governor Smith will be
a candidate next fall this is not likely
Perhaps the original programme of the
Daily may be carried out now,
That programme was to defeat Clark by
spr1nging the charges of bribery before
the adjournment of the legislature and
elect Mr.. DAILY on the next ballot. Mr.
DAILY was to decline the honor, a resolu.
ton was to be prepared and rushed
through statlng tnat the democracy OF
Montana demanded that Mr.. DAILY accept
and Barkis would be found quite willing
1t is also pointed out that Governor
Smith now has a splendid opportunity tc
repay his debt of gratitude to the pop
list party by appointing some good popu-
list to the senate. Governor Smith was
elected to his present position as a popu.
list.
The name of John r. Toole is also men,
toned but the ines Mr.. Toole has mapped
out for himself in other directions oul
} prohibit him accepting the honor, so his
! friends say.