Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1900-05-22
SECURED BY FRAUD.
Governor of Montana Makes a For
NAL Protest Against the.
Seating of w. A. Clark.

inally reported. The following dispatch
was received and read to the committee
from Gov. Smith, dated Butte, Mont,
May II:
Hon. w. e. Chandler Washington: 7 de-
sire to present in as forcible a manner as
possible oss he my protest against the course p9r-
feat the action of the Senate of the United
States upon the resolution presented by the
committee on privileges and elections at
against the methods pursued by him in Sc
curing an appointment at the hands of the
lieutenant gov ernor during my absence from
the state under circumstances and condi-
lions which to my mind Indicate collision
and fraud.
His conduct in attempting resignation
and procuring reappOntment under the
conditions as he did, if the matter
was before court of justice, would have
been considered q contempt of court on his
part. /, therefore trust that the committee
and Senate will proceed to Il proper and
complete consideration Of the question. so
that the rights, not only of Mr.. Clark but Of
the state of Montana, in the premises, may
be determined and that upon the presenta-
ton of his credentials of appointment by
the lieutenant governor the same be trans
ferred to the committee on privileges and
elections for investigation, and that | be
permitted to make a more complete and de-
tailed statement of facts concerning the
resignation and appointment or Mr.. Clark.
The Plan of Action.
There was a discussion by the commit
tee of the various points involved i'll the
controversy, including the proper course
to be pursued with reference to Mr..
Clark's credentials when they are pre-
scented to the Senate. The principal dis
cusson was. however, based upon the res
olutiOn directing the chairman to press
the resolution hitherto reported 10 the
Senate from the committee declaring that
Mr.. Clark was mot duly and legally
elected to Il seat in the Senate
ln ,-nft on, IltIfi ctn[ civ
to three, Senators Pritchard, Harris and
Pettus casting their votes in the mega
tive. These senators expressed the Opin-
ion that the resignation of Mr.. Clark had
the effect of definitely settling the case
and that the Senate was not called upon
to take further action. Senators Chan
| dler, Hoar, Burrows, McComas, Caffery
and Iuriey took the opposite view, hold
ing that Mr.. Clark s resignation did not
in any way bar the further action of the
Senate, as the resolution is directed at
the action Of the Legislature in originally
attempting to place him in office The
discussion was spirited and personal at
times. Under Senator Chambers orig
mai notice the resolution will come up III
the Senate at l o'clock tomorrow and by
direction OF the committee he will make
Il strenuous effort TO secure early con-
SldpratiO of it.
There was no vote upon the reference
of the credentials under the lieutenant
governors appointment, but there is no
doubt that the committee holds that the
reference should be made especially in
view of Gov. Smiths letter.
Action on the New Credentials.
Senators Pritchard and Harris ex-
pressed themselves as opposed to the ref
crence Of the credentials when they ar
rive.
The principal participants in the con
troversy oven the motion to press the
committee resolution were Senators Tur-
ley for the motion. and Pritchard i'll op-
position. Mr.. Iurley took the position
that when the Senate assumed jurisdic-
ton of the case it no longer rested with
Mr.. Clark to determine it by resignins
while Mr.. Prtchard held that the right
of resignation was personal right and
| could be exercised at any time He also
contended that the vacancy III the seat
occupied by Mr.. Clark began when the
latter made the announcement Of resig-
! nation.
There were some references to the re-
appointment of Mr.. Clark by the lieu
tenant governor, indicating the opinion
on the part of some of the senators that
it was not in accord with the senatorial
idea of securing a seat in the Senate.
Go Over Until Monday.
An agreement has been reached be-
tween the members Of the Senate com
mittee on privileges and elections and
the friends OF Senator Clark that the
matter shall go over until Monday, that
no effort shall be made to get action on
the committee resolution tomorrow and
that if MIR. Clarks credentials arrive
previous to that time they shall not be
presented before Monday. This is due
to the fact that there are already a num-
Der Of special orders for tomorrow in the
| Senate.
appointment Initiated by Fraud.
Helena, Mont, May 1S.-The United
States Senate committee On privileges
and elections will have to face another
complication in the Clark senatorial
case. Gov. Smith arrived in Butte this
afternoon and wired Attorney General
Nolan 10 met him III that city The gov
ernor desired to consult the attorney
general as to the form in which he will
put protest that he viii wire to the
Senate against the acceptance of the ere
dentials of Mr.. Clark on the appoint
ment of Lieut. Gov. Spriggs.
Gov. Smith will base his protest on the
ground that the appointment is vitiated
because. of fraud. He will aIlege that
the resignation of Senator Clark was
written i'll April and that the date it
now bears, May II, was the result Of
the erasure of the original date which,
it will be alleged, can be easily proved
by examination of the document
He will also allege that the resigna alton
was in the possession of Charles A.
Clark, son Of the senator, for several
weeks and that the resignation of Sen
ator Clark at the time he did resign and
his appointment by Lieut.-Gov. Spriggs
was part Of plot to insure
his appointment by the lieutenant gov
ernOr. In the carrying out Of the plot it
will be added, misrepresentation and
other dubious methods were used to get
the governor out of the state.
The governor will hold that owing to
the alleged fraudulent practices followed
III the appointment of Mr.. Clark that ap-
pointment is void and he will himself
make an appointment to fill the vacancy
from Montana.
While ii is not positively known whom
the governor will appoint, it is believed
that Martin Maginnis, who represented
Montana in Congress in the early days
of the territory, will be chosen He is
not allied with either Democratic fac
ton and has always been a strong party
man.
Butte. Mont, May 1S.-The Reput-
ican state convention yesterday adopted
resolutions denouncing the Republicans
who voted for w. A. Clark for senator
and refused TO seat delegate. State
Senator Ben d. Phillips, who had voted
for Clark.