New-York tribune., 1900-05-17
CLARK's TITLE IN DOUBT.
THE SENATE INDIGNANT, BUT IN SOME
THING OF A QUANDARY.
MEMBERS OF ALL PARTIES DENOUNCE THE
MONTANA TRICK-HOW TO NULL1FY
1T A DIFFICULT PROBLEM.
IBY TELEGRAPH TO THE TRIBUNE

IBY TELEGRAPH TO THE TRIBUSEI
Washington, May 16.-Members of both po
litical parties In the Senate still indignant
over the piece Of sharp practice played on that
body by w. A. Clark and his Montana ad-
herents. Mr. Clark evidently thought that his
re-entry into the Senate made secure by
yesterdays master stroke of peanut politics.
The Governor and the people of Montana had
been caught off their guard, and in the formers
unlucky absence from the State the power TO
fill the seat vacated by Mr. Clark had been col
lusivey appropriated by one of the resignlng
Senator's political agents.
Undoubtedly the plot to outwit the responsible
Executive in Montana and to override the Sen
ate's own deliberate verdict that under existing
conditions Mr. Clark should bring title from
another Legislature before presenting himself
for readmission had audacty. originality and
force. But it's utter lack of scrupe or OF decent
regard for public opinion has not only outraged
the Senates sensitive regard for its own Judg-
ments, but has destroyed at blow Whatever
reputation for good taste and political sagacty
Mr.. Clark may have earned here in his long ana
trying fight before the Committee on Privileges
and Elections. Had the Montana Senator stood
on his farewell speech of yesterday and made
straight forward and dignified fight for re-elec-
tion by the next Montana Legislature his can
vass for vindication might have attracted the
the victim of imprudences rather than of con-
sciously unlawful practices. But the trick to
which he has now resorted to rob the Governor
of Montana of the power of appointment ana
force himself again on the Senate without an
appeal of any sort his constituency has dis
PEELED any kindliness Of feeling which his earlier
attitude had aroused, and it is safe to say that
his application for readmisson under the certih-
cate mailed to him last night will be weighed
with little disposition to any leniencies which
the law does not literally and explicitly allow.
WAS THERE A LEGAL VACANCY?
AS Mr. Clark's new credentials cannot reach
Washington for at least two days. the Senate
will probably not be called on to face till Mon
day the questions raised by their presentation
AS the certificate will be complete and regular in
FORM the Senate will be obliged to receive it, IN
less, by a majority vote. the Committee on
Privileges and Elections is authorized to exam
inc and report its validity. So long as the
pending resolution declaring the last Senatorial
election in Montana null and void, remains un-
acted on, vacancy in the constitutional sense
apparently exists, and Mr.. Clark's new creden-
tials entitie him to fill it. If. however. before
he presents his certificate or is allowed 10 be
sworn in the Senate votes to annul the election
made in Helena year or more ago, XII Clark
new appointment may possibly be held to fan
in the same class with the we'll known cases or
Mantle Corbett end Quay.
There are some members of the Committee
Privileges and Elections who think that as the
Montana Legislature supposed itself to be max
ing valid choice for Senator and did not in
tentionally shirk the duty imposed upon 1t by
the Constitution, an appointment now by the
Governor would be justified, even under the
construction of the recess appointment clause
which prevailed in the Mantle Corbett and Quay
decisions However, there are so many refine
ments of constitutional Interpretation to be
considered that reference of Mr.. Clarks certif-
cate to the committee can scarcely be avoided.
It's fate there NAV be decided this session it
may not. The committee will try TO decide at
meeting on Friday what to do both with the
pending resolution and with the new certificate
if 1t is presented. Mr.. Chandler asked to-day to
have the resolution go over, until Saturday at
l p. m, with view to agreeing in committee
on a programme, and his request granted by
the Senate The members of the committee
at present far from harmonious in their opin-
ions, and some friction may be expected If
majority decides either to force a vote on the
resolution to hold up the credentials
until some definite settlement of Mr.. Clarks
original political status is reached.