Show MONTANA SENATORS Senate Commutes on Prlrilt jes and Election Begin their In T estimations THE ARGUMENTS MADE ON EACH SIDE The Feartnl Cruelties PracU < cil Upon Political Prisoners In Siberia TROUBLE FEARED AMONG THE i CH ICKASAWS I Contemplated Removal of Apache Indiana Tlie Assassination I of an Officer 111 THfSTiph to Ihe Jlf81 fl0XTANAM NISTon Inrrstlratlon Credentials of Tbo Yarlona ctalMnnn WASIIUICIIVX Feb 15 TheSen Ate remrnlUee on privileges and elections today began an InvcsUga Lion of the credentials of the various claimants for scats in U < > > Cenate from Montana Utfile the 8eflob commenced fi41indersono of the republican re-publican claimants gave a brief statement of the situation There was a full attendance of the com mlttee and the following Icterahx persons Sanders anti ioflrer rep ublican claimants ilaglnnls and Clarke the Ueroecralic claimants A J Sellgman chairman of the republican State committee Con grc man Carter Charles Power son of the republican claimant and Colonel Halbert nEclal Paine counsel for the rcrxjbUcin claimant claim-ant The coutrrcl for the democrats demo-crats U i eXfSollcitor General Jenks Cotonel Paine presented tile caw in fetiSh or the Republican Tle said that he should attempt maintain main-tain by argument propositions to the following eflect That thc certificates certifi-cates held by the rival claimant contradict each other and are null ties This being lire cap It is the dutyofthe Senate to Ivsort to secondary sec-ondary proof As such secondary proof It u competent to show that the House of Representatives and the Senate at the time they voted for the United States ttoator contained con-tained a mijorny of the members duly elected to these bodies and thai there was no change in membership mem-bership of the Montana Legislature from the time it was organized November 23 16S9 to January let and 2nd when the election for United States Senators occurred In the absence of the certificate inquired inquir-ed by lanuo rbg the Teirta Jack right of tho bolder to his stat the SenaUt has a right to Investigate adjudicate the claims of therieccto members of the Legiilature electing theklaimantsl not to RO into the claim of tIle dejtirc members thereof there-of Upon these propositions in summanzin Colonel Paine told that Saunders and Power had been elected members from Montana by i the legal I LEGlSUkTDItK OP THAT STATE In the case under consideration Colonel Paine MId the certificates presented by the several claimants contradicted each other and were nullitle because they bore tile signature sig-nature or only cue of the ofllcers hat the law requires shall be attached at-tached therefore the rights of the claimants must be determined by proof Colonel Paine gave a resume of the facts of tile organization of the legislature which are well known there being two houses but only one Senate As to tbe position of tho five republican members of Silver Bow County whose right to Mats in the House is in dispute he said if it were shown that theywere entitled to seats then the election orSwnden Iowerwlslegal If not then the election of Magiunis and Clarke was legal A controversy this point arose as to Ihe ccrtilicatcs of election of the democratic members from Silver Bow Colonel IWne stated that Governor White Issued certificates to the democratic members Maglnnis one of the democratic claimants denied this saying they nml were found unsigned I In the governors gover-nors office after he had vacated it Both Saunders and Powers stated that their information was that the certificates had been executed and sent to the members by mall Proceeding to the question of the duties and powers of the United States Senate t < > Investigate tile election of its members Col Paine argued that if the committee decided decid-ed could go behind the returns in the election members to the Montana Mon-tana Legislature It cculd not confine con-fine itself to the five members of Silver Bow whose scats were in controversy but must prepare to go into all cases where contests may be made In Montana These would number more than sixty He cited a number of authorities to prove that a member of a legislature who acted upon any question in purRU anceof prima facie right to his seat had the same poweraa a member mem-ber whose right to the seat was un questionedand hU vote could not be vitiated subsequently Passing to the basis of the right of the members of the legislature which elected SAmenEss A7iD 1WEKS to sit and vote for United States Senators Col Paine stated that under the constitution of the State the governor and otherState officers were constituted k returning board with the sole power to issue certificates certifi-cates of election to this legislature Certificates of election by county clerks were not provided for In anyway any-way nor are they of any force Colonel Paine said the new Constitution Con-stitution superseded the old Territorial Terri-torial law which made the certificates certifi-cates of county clerks prima facie evidence of the right of members of tho legislature to thcireeats The next proposition was that the Senate whIch elected a president pro Urn December 161859 and the House which organized November 2 16S9 were the elected Senators and Representatives and they coin posed tho constitutional legislature of the State There were no changes In the membership of the legislature F constituted b fore the first and second days of Januarywhen Saunders and Power were elected Senators Therefore they possess a prima fad right to geatt in the Senate In conclusion Colonel Paine Mid If the Inquiry went outside the record the committee commit-tee would find from that source as well that Saunders and Powers are the legally and rightfully elected Senators from Montana Sanders submitted to the commit Bnde teeIn behalf of his colleaguea statement state-ment which will 0 included In the record It Is to the effect that many illegal TOt were cast in Silver Bow county for the democratic candidate can-didate and that the election officers failed to comply with the law In Precinct 34 that county ZXSOIJCZTOR GESEBAI JESKS then began the case for the democratic demo-cratic claimants He said there were three points on the question to b determined there zprimaade right FirstIs tere aprfa rght to a statin the United States Senate He affirmed that the 1 and that are It I In favor of bis clients I Second Is there or was there a Legislature to elect Senators Thor nas ld and I5 Vw certificate JF1 le DC I te crtfcale the clerk > of the commissioner of te commmlonen Silver Bow Siver county is the only cre cr dential of a right of representation of that county to fit rprutatou Third In whom la t thIs primti fact right exkllng JcnUsWld it existed in McOlnhls and Clark They have the title and they have the right back of the title from the People tolu represent the Stale of tthSb tt Montana in floe United States Sen ate Upon the first point Jcnks quoted from the statute of July 1S60 to how what constitutes npnmafaclc right to fteat in tbe Senate 101 seaion of a certificate from the governor gov-ernor even though It bells the seal i I and countcrsian of the Secretary of 8 State minis the requirement of the etatutci A colloquy herctusuea In whIch Several members of the committee and JcnUs took part concluding with the statement by the chairman that it was his understanding that possession of the governors certifl catcinhtselfgavti no force toot claim Iforl clm ofprtmaacfe right I Senator Teller said the question before the ccnimUee was hot as to who has the evidence orl title or right really but belongs t whom the title or right As to the legality of the IiegUIa lure Jenks said the legislature that met jcrtuAnt to the proclamation of the governor was the only legal LegislatureJE2coS JENJ1S ARGCEU that the new constitution and ordinances ordi-nances of the State did not repeal the old Territorial Ian under which the county clerk ccitllled 1 the electiOn of members of the Legitla I lure This being the case he insisted In-sisted that the democratic thb turn was tim legal legislature and the jwrtons elected bv it are the rightful CfcitrM States senators He nrgued that under the new law the State Canvassing BoarJ had power to canvass the vote and declare the result of the election as to the adoption adop-tion of the constitution The law requiring tho county clerk to isue certificates to melt n of theLegis aturo isttill In force This view was controverted by the members of the committee whereupon Jcnka said that I I it was not still in force then the power t declare tie result ort election and to Issue a certificate novella to the as the executive governor 3 supreme cxeutv of tie State The republican members of the committee questioned Jenks a to the necessity of a canvass by the county clerks which did not cUect anythIng to all of which questions Teuks answered that he could not tel the reason for every law he could l only cite la dde give lsJ opin I Ion of its force and effect Jeuks slated that the members of the legls ature had certificates of election from Uie governor eirejt nine members from Silver Bon County four democrats and five republicans whose teats were contested The nine certificates were found in the pjvernors office after he vacated it goveror ofcu caletllt unsIgned SAWDERS ADMITTED AI3IT hat this was the cas > and withdrew his Btaternvnt 1 thin contrary made earlier In theday The democratic members of tile egblature did not Ue the certificates certifi-cates of the governor believIng Uial the certificates of the county clerks were the correct and legal ones but the republicans used the governor certificates in eflecUng an orsanlza ton of their home The registry list in precinct 31 silver Bow County Jenks said was made by the republicans and coii tamest It3 names That list seems to have been made under the law filling all its I requirements The election law a modification of the Australian system Is very strict and all the details were carried out with the utmost strictness and rigidity ri-gidity As ehown by the affidavit oC the election officers1 none of the I official tickets were mksinir nor were any dc ballots t The list shows that 17J ballot were cast out of a registry of 1S9 votes Jenkt said that ailidavils by member of he election board say that no one was excluded from the count except one man who was drunk and mIl ngan uproar But even if tbeelec lon officers did violate tho provisions pro-visions of the election law seas t prevent voters from expressing their viewS if the throwIng out of the precinct pre-cinct would not result In acbangein tile Ilt Ulenthe violation is treated Thecounty beard was I 39of no force cunty ban not really a canvassing board and I 11 refusal to count the te from precinct 3J was an assumption of I mfruJJ power it 31 not possess It could only make an abstract of the votes A mandamus proceeding to require he board t include precinct 34 was Ile lad and the mandamus was issued so that in tile eye of the law the i only certificate of the votes from silver Bow county that went to the State board contained the votes of precinct I tbe acts of usurpa ton by the State board are rubbed out there is a clean record out answer to a question by Senator Sena-tor Eva Jenk stated that after the ballot Jla been deposited in the box there exUts among election or ranvasslns boards no power except to count and tabulate tile votes cast and again a to the limit to tie agin the Senate In making Inquiry in-quiry Into the election of a member It could pursue every vote t the last resort but it would not boa wise exercise of power after coming into contact with the finding of the judicial tribunal that has jurisdiction jurisdic-tion Adjourned till Jlarch 1t |