Show WATER 111 THE WEST i Col Hurton Put in Charge of the Congressional Inquiry I THE MONTANA SENATORS CASE 4 Interestics Banning Debate In the Senate on the Same TIe Naval Appropriation Appro-priation BilL WASHINGTON April 1OSpcclal telegram t THE HERALD The Senate TI HIDhe irrigation committee commit-tee was accompanied by an expert on its last t summers Investigation Richard J Hurton irrigation I ir-rigation engineer of the United States geological 1 geologi-cal survey Salt Lake peoplo will recall his ac tire interest Since then he has been at work on the exhaustive report that the Stewart committee com-mittee will make Today Secretary Rusk after consultation with the President cnultton wit placed Colonel jjunon in char 01 the inquiry just ordered oy Congress under the direction of the department of agriculture into the water supply of the great plains regions and its adaptability t irrigation service and small storage preliminary report will Te made to Congress by July Secretary Husk i going out himself with the lield parties par-ties as the result of this inquiry will possibly decide the future of the irrigation survey work of which Major Powell has had control for two years past Engineer Ncttleton of Colorado Col-orado will be at the head of the field work Prof Carpenter of the Colorado Agricultural college the state geologist of Texas and Hicks of Nebraska with Robert Hay of Kansas chief field geologist will be among the practical scientists sci-entists in the work This step marks a revolt in Congress against the scientific domination off of-f Major Powell as it i the result of cpposi rfAtion t his conduct of the irrigation work in ubordlnation to the long drawn out and expensive expen-sive methods of the typographical survey The Montana Senators Case WASHINGTON April 10 Among the bills reported re-ported from the committee and placed on the calendar wore tbc following The senate bill appropriating 2319000 forthe improvement of me uoiuinuia river Oregon the uspcnuuures not to exceed 703000 in one year The House bill to aid vessels disabled in waters conterminous to the United States and Canada ant The Senate bill to revive the grade of lieutenant lieuten-ant general of the army The president pro tern Ingallsremarkedthat be was in error yesterday in allowing the mo tion to take up the Chinese enumeration mo while the Montana election case was bi posed of either by being postponed laid aside j informally or other action l Hale Then the chair rules that the Montana case i to proceed until completed l The President pro tern Until completed Hale gave notice that as soon as the Mon te lana matter was disposed of he would ask the Senate to take up and complete the Chinese enumeration bil The Montana election case was again taken up Call addressed the Senate in opposition to the report of the majority of the committee declaring the Republican claimants Sanders and Power entitled upon the merits of the case to seats in the Senate from Montana At the conclusion of Calls speech Hoar spoke in support of the majority report Gray referred to Hoar and then Teller audrcsscd the Senate He recorded the question not from a piirusuD pOInt 01 view but us a quesuun in queston law and the proper determination of which depended de-pended the order and behavior the Senate in i the future The question was whether Montana should be allowed to se lect her own representatives The plain logic of the arguments on tLe Democratic Dem-ocratic hide of the chamber was that the right rght to make the selection was reserved to the Senate From that he dissented such docterine would lead to chaos and copfusion What lIe said would have been the condition of the conditon Senate i it had attempted to say for many years past whether the legislature of a state in electins Senators did or did not express the wiii 01 me people A good many ouiui tors on his side of the chamber including himself thought that certain states has not been represented in the Senate according to the willof the peopplc He was not Insensible to the wronginiiictedon the people of those states but he had not been able to find any where under the constitution I authority for the Senate to determine a question ques-tion a state had determined for itself He did not know what the theory of the minority in the Montana case was l their report was to be taken it was that Clark and Maginnls were the legal representatives from that state but i mg t their arguments were good for anything at all it was that nobody had been sent to the Senate from taut state He Mr Teller held the only j thing to be determined was whether the state of m Montana had spoken through its legislature legilature f f and if i had there was no authority in the Senate to revise that finding or set it aside That he asked was the controversy in the case I was whether or not the five men who bad sat in the Iron hal legislature were juuuuu tu bcais in uiui uouy I it was not that there was no controversy at all I they were there rightfully it was the rightful house and the joint assembly that elected theRepub iican claimants was rightful and the only joint assembly of the state of Montana BUt the Senate had said in the Turpie case that the legislature of Indiana had to decide for itself who were entitled t seats in that body Al though there might have been the grossest outrage coinmitteed In admitting the men to the eats the Senate held In that case it had no right of interference that the righting of that wrong was not trusted to the Senate of the United States but to the people of Indiana Inliana There was no legal distinction between the L cases I the Senate should ever proceed to make itselfan investigator of elections all over the country there would be an end to its usefulness useful-ness and he submitted t the Senators on the other side that situated as many of them were they could not Afford to insist that such power should be exercised by the Senate Whether the returning board of Montana exercised its authority properly or not was not a question for tho Senate it was a question for the legisla lure of Montana legla Turpie held that in the Indiana caso the legis lature itself passed judicially upon the contested scat whereas the legislature of Montana had not passed judicially on the contested scats from Silver Bow county If It had done so there would have been no dispute in the case tere Sherman said he found the1acts sufficiently stated in the minority report t control his judgment He read three paragraphs from the minority report and said it was apparent there from that as to the five frm a t te representatives from Silver Bow county neither set had certificates according to form The senate of Montana was a tic and in the house there were 2 Republican Republcan members and 24 Democratic members about whose rights t scat there was no question queston There was therefore a Republican majority gn joint ballot or i the contest over Silver Bow county bad come to be decide the house there was a majority on the Republican side by which 1 the Renublican contestants could have been I ueaieu jiicse simple facts ne tnougut con tine all the elements for a just decision in the matter and showed the mattr Republican claimants for seats in the senate had a majority on tho joint ballot and had a majority in the house without ver Bow any county reference t the members from Sil Edmunds and Eustis had a brief personal tilt based on Edmunds remarks made a couple of weeks ago Eustis then argued on the Mon tana matter Sherman asked whether twenty five Republican members of the house did not constitute a majority cnttut majorty of that body Eustis admitted that numerically twentyfive was more than twentyfour but added that twentyfive did not make a quorum and con stitutionally meaning quorum not larger that twentyfour A quorum was twenty ciirht He went on to rplnt some matters I wiuim iiis own experience or returning board measures in his own stateand spoke of the leg spole > Islativc body of which he tad been member T there having been enjoined 4 > by a drunken fed I eral Republican judge from taking the oath I of office and of its having taken the oath in de fiance of that Injunction He also referred to the seating of William Pitt Kellogg in the Senate Sen-ate of the United States and said with that acton act-on the part of the Republican party before his I mind there was nothing left to part surprise i i regard to any contested election case The debate drifted again in the direction of the Turpie cae and Voorhees spoke on that subject The question having been nroposei by Ivcnna as to whether forty Senators with unquestioned credentials fortytwo being a quorum could go to work and organize and pass upon credentials of the other fortytwo whose title was questioned Hoar said he would like t think over the matter before undertak trig to answer it That was precisely Kenna said IrecielYi tho question i v that presented itself in the queston I f01 Partial responses to the question were made m > by several Senators but Kcnna said none of A iL tem came straight to the point I |