| Show Po A REPORT OF I I SENATE COMMITTEE I w T A Clarks Election as Senator Void Be Because Because cause of Briberies Attempted jes and Corrupt Practices of laws Defining and Punishing Crimes Against the Elect e Should Not Be Admitted to tile the U Ii S s Honor is Constantly a Candidate for Unlawfully of Bribery Against of Who lio Voted for a Demo Democrat erat crat Accused of Incandescent Record for forthe forthe the Man Prom Montana t I noon J A 1 wi iII 01 April m rr th hi lId id I ubI b I h nate nale the report et 1 that tut JI the tI CUI of Clark 1 The Th report I Ii only about fit tien I matter It duei not Lot 1 II t but pre h II of th the and andt andI t r I Its OUI I ThI h t tt e I Ii U AI follow J 1 T nuN ION II 1 OrD r 1 r f the committee I Ii that II I I I the Senate of Wm m A Ata ta I ii null arid and on onIt It 1 driel ne attempted briber I I by hi Mi antS It of the iW of Mon Monr r I I lye Ih th the r I n J i h 10 the ot of the tol fol I William A lark II l legally to ti C a CI 1 Ii I tc of thO th I ot of the State ut Mon I i with a r t I 1 for fr tarl eady f 11 I I R ai a to It ItI I by II 1 h raae ae that PItI In the all as Sena h On rO I the Ju JuI I s I H On l t a duty to the thena na who willi ot of otI I Into which the State I Iy I realon of y In with RI RIf f Ih a en the he turl of IlliG 1895 at ute whIch bleh tf It obeyed the Stat from j 1 1 t and of 1 the rn dl dis tu II rl reM t upon the 1 na has hal a right to I t tF I MIJ F I j I I remedy from I In I n i r th enat upon the re 1 1 b Ii tl talea that It Il fInding I i I of certain admitted or orI I with their attendant J p In the tetI h II hy th the committee and nd theise b t d under Atten l 1 l Iture In tb the contest of I I I to by Mr Huter IWAY A I I Itt mw of 15 1115 relative to toI I the elective I In and amount I which could Ii h election ell hr by po F or si R H ei III 5 1 4 for tor United I II hu ho couRt not give IrIve more I IllY one committee In a not flat pay mo more than I 4 I c In law that senator Clark bu baa bui i q a for vince vinceY Y In that r 1 of a corn com cornI comI I I rut In the ummer of i with till tillI I II 1111 tee th the report y authority to pend II iti h to an anI I r made that at atu u be n eary to toI we I and that 75 n ded to a u the tate 1 EY Y FRE LY USED II Nfl ps which ensued nud the IP ep admitted by the I ri of hll hi committee and andI I nt vere III ie follow rollo lark by I agent nl 22 12 I 11 e by SU 11 1 tt i by I r 2900 mainly fur tur I 1 tIep W Clark and t tt n expenditure Senator r uld to hi son nn The ad 4 I made by Senator Benator SenatorS S and pot agent u him rii amount to about U Um II m W Clark reo re 12 3 18 Oe Oc Nov II 41 and ud I oO an In addi I Senator Clark paid I i one ot of h hIs P bIll hi attorney and I C Da a member lit of the thell ll f the of the corn com r heir made the t rr rIM b by la law nor did I rk make any reo re II fD 6 I 15 dell del with the burn of f Mr Clark and d Jail his with of tile the the of I 1 property r III 1 the on hla I I 1 It nt of the Itle of a h If af or cr th h lb Ib of r S f I re ret t h I fr I Ir III t II f of f Uk v r ul I and other othu ru r pty In J ef I ferson county count to a of ofir ir Clark CIrk by Senator ator Warner the con conduct conduct duct of Mum Garr Pine JIne Belley and Dd Brwer and aad the present of to Day after tb the adjournment of the legislature ot of the tran transaction with Wood tb the committee says Ar Senator Clark kII knew of Mr lr flIck ford attempts to the edn which Wood owed Md 1111 the cur cor that t the a obJect wu to secure tr W WOOdS for Senator Clark Rickford ln In pursuance ot of that letter tb the let It Itter tar ter of Nov 21 from one and nd or of the Invitation which I 1 at the time hit tried I made arrangements to obtain for tor the purpose of using It to prevent the ot of Woods Wood ra go lag Into th the hands hand of Wr Mr Dalys friends the sum lum of 7 with which bleh to take up that On 12 Mrs Woods mortgaged their sheep heep and atad cattle for 1000 payable In one year r ud and on April 2 1819 paId the mortgage debt r roods hu has lift Mont Montana ud and gone on to New Mexico rUE BRIBE RIBE TO DAY DAt Referring to Mr connection with the bank at tile the report M says On June Mr Jr Terney organised the tte Sank Bank of Townsend on a tal ai stock of 1000 of which h he took Mr took 1000 and Mr nearly all the m paul passIng through Mr TIr hands Iland in Jill Ills he say be took from the mon money drawer In a sate Are la In tile the ome ot of Maui A O 0 but e tb this e III he heIng In Ing money nt II Ia aunt with w Jeh o 0 purchase a reach rueh th the COI reo re remarks marks markl He bad no knowledge of nf how sit lit had bad this Ihl The reference to tr Pays IMy eona connectIon with Ith Mr Ir lark I Ii as al tollo follows s K C ClIa Chay lIa hay was Senator Clark candidate for tor speaker and we defeated In the Demo caucus receiving ot ote against aln t thIrty totes for tor Mr lr Stilt Mr lr Day wu was the leader of Mr It Clarks In the legislature during all tile balloting after he On Peb Clark personally wrote a IUn directing that b be given to lar fl Day for tor his 1111 In the and as aa a retainer II as counsel In the future This amount was 1181 rl re hed by Mr Day Dar through Mr lr Wel ome me and Mr Davidson on the lilY dy of March Karch the da day after the ture adjourned OTHER D DAfter After dealing the circumstance t the report pays Y Willie While the ot of the committee lire are Justified b by tb the t foregoing admitted and undisputed facts with thIr attend attendant attendant ant cl standing alone alon the these tact lacta are strengthened by additional facts fatt includIng various at attempts t tempts to seure U votes by or of money mone Which although h denIed are found by the majority ot of the committee to be sustained b by the preponderance or of orthe the testimony The committee adds that It would unnecessarily encumber and sud fX extend nd this I report to rive give these additional facts In detail but In addition to these attempts lit at bribery certaIn alleged attempts a narrated be rause raUM there Ihre la is of opinion itt In th the them These later especially to Former Ht State Senator connection with the candidacy of Sin stor lark and hll hi to expose the senators method TM The testimony relating to Senator Clark State Senator 1 and Uv Garr is II t than outlined and th the committee remark er erth th the majorIty only t III It members Tb three accusers Myers 11 and Ad State Senator Clark undoubtedly pled the position of who wit wil wilfully fully tutu deceived the part parties with wham they w were dealing and aad against allut Whom they anti and who made the denials are charged with to which It guilty they would be quit certain to add dd to tilt the offense of false swearing The majority or of the th committee un under dr der III eli the circumstances appearing are not willing to consider th the situation as one ot of between tile the d tin on nfl tb the on one hand and lb attired lawbreakers on the other If lark of Madison Ier and aDd wide testified falsely tb they must M have in III th the beginning a z ot of the basest character t e he be followed up by br perjury GI cf the wont waist port rt and th they must ut have baTt Intended to toI I pale ordeal la in the cou course of the which would b be made matle madet tn t which It cannot Iannot bl be inferred they were wre willing to subject themselves mr merely ly to Senator Clark lark from n a States senator DALY NOT MOVED PRO Vi 0 In th the opinion ot of the majority there WaR I no LO disproof produced 1 lark at any aay time showing that th the fact facU In connection with the were wre nt tru true Tilt The char charge that 0 Ui and UI the PI our reo is from a formed rm and 1 1 rl by br Mr Marcus c tl a ot of Mr Clarks Clarka canvass and defense Esit Blit Mr Kr nal Daly and dr and nd ethers who were re suspected of denied an all knowledg of oft t the hI 3 I O of III b was In one onet t nd bUll bilis which hall had been n t tv Mr II ar th the furr h hv by Ut fr V In Ihl No o In noc thou thOUsand sand and dular bills bill Were ere ShoWn hown to d beta In the binds banda or of any of tb the alleged Daly conspIrator The report then shows how from the testimony mony moar that these bIll were In tie tle hands handl of Clarks Clarka supporter u port and adds In connection with the consideration of tb this last lut four Ill cases of attempted Clark of Madison Myers Oar and It I Is ItIl Important to state la in view of the difference of ton Ion In ID tb the concerning the credibility or of Ma Clark ot of Malion adlon and nd that the whole committee find that If all the testimony the and all au the teall mony of sir r and Mr Clark of Madison were en laid aside ld there would still lUll remain evidence In the thee e case to lead Ih the committee to find a athe as the they d de that Mr Clarks Clark I Ii void old Prom the which have been established the majority of the commit committee tN tee feel justified la In thai there WI were other successes u In procuring by br corrupt practices Ih the votes or of members of where th the facts flat lIat cannot be directly proved CLARKS CLARK ERS Ot of the con conduct let of the Republican members of the legislature who voted for tor Mr Mi Clark the committee says I The conduct ot of the Republican mm mem here bell or of the legislature who ho on the I If of f January left theIr Rl Republican can candidate I and voted otell for or Senator Benator Clark and ran gave him bl his election In th the opinion ot of tb the majority of the committee calli for criticism There wu was an n ahio lul lute deadlock and ud no p possibility ot of the suction ot of a without the aid ot of the tha It III I to so ac account count for these the Republican for tor Clark Senator lentor Clarks dl dad had been on e Ot or JanuarY by the ex exposUre rt T Tb facts Ct exposed hd had not ben been 4 pro on oa January 28 reasons 1011 liven given for the Republican v for tor Mr lr Clark Clrk seem to be pretenses and covers cora Mr lIr Clark who had been negotiating with Mi r on th the lead leader er of the wrote rol a letter on the of January III which Ite he d di himself to be In favor tor of I a tat on OD Montana products product Some of if the R He publicans publican said there ought n mot lt to be 1 a deadlock and the It would be better to have a Democratic Democratic senator than Uan a vi va nancy VOTES No one pretends pretend that any effort wis wa made mad to bria bring bout about the election of an another any other Democrat than Mr Mi Clark whose agentS the ch charges of briber bribe hue have been made The committee do not noty sly y that the vot votH of all tb the eleven Re w were re Improperly secured but that those of easley and Ind By Bywate Bywater water wate hu has already been bleta Th The clr cli of the others Cr re numerous Senator S I is II mainly re is I for tor the action ot of the I titan members n lie wu tile the chairman of their caucus and the In the lark Clark movement moment H 14 early began bean beann n negotiations with Mr Kr Clark and nd the written premise romle that he be would be an independent Democrat was addressed to Mr lr under date of Ju U 16 UIn In the face tace of an all th the facts to Impeach the conduct of so 10 many oL of the melD members and of the evident political why b should not have contributed vets to the election of inOr claril a D Din c oat in III tile the of oC the isit tJ is II strengthened li Ut the nodes of 01 the sieves ltv who on the fourth slay liar ot of January Januar abandoned thur own and thus strangely elected a Demo DetRo senator DIRECT VIOLATIONS OF LAW Th The committee 1 says the dIrect viola tola violations b by Senator Clark CIrk and Ida corn com mItt and agents of the provisions of the Montana laws IWI are of the first mm ortance In wIth the eon n reached b by the committee On this point tile the committee adds the tot tol lowing II He upend expended a sum vastly In excess ot of the limit provided In law and ailed to make any return tum and nd no ito such return wu was made by the persons penona acting In his hili behalf R ReVersing to the destruction ot of cheeks and nd vouchers It I Is remarked that the find nd the cue proved without upon such ucb destruction of checks to render and disregard ot of tile the legal Ial limit of ex re hut But they fyr furnish lh to th the committee reasons for tor believing the theother other evidence which seeM to tile them to establish the corruption charged CLARK CANNOT TUB TIlE SEAT SICA T Only two points of oC law Iw are presented a as follows 1 It I is clear that It by bribery or corrupt practices on the part of the friend of a candidate who Ir are con his hll canvass votes are obtained I for him without which he be would Not have had a majority hi his election should be annulled although proof r Ia lacking that b he knew ot of the bribery briber or corrupt practice tl I It seems tem to bay ha been admitted that It if the person perIOD elected clearl par In III an any on one act of bribery or attempted bribery he should be di St of bi althou although the result of at the election was II not thereby changed on the le l ph phases or of orthe the e case tb the committee 1 says to the law 1111 I understood by the Senator Clark can not nOI be permitted to retain seat U lie received 4 otes and there wet er U against him leavIng him an apparent majority 0 of 1 25 It h he obtained Illegal ud and corrupt practise eight v votes would otherwise have been cast against him h he wu not legally trail elected More than U thu number of vot Votes UI the find flad from all aft U the evidence was u thus obtained It also lito is II a reasonable conclusion on the whole cue CUI that Senator Cl Clis is II fairly to be charged d With pr pf the tbt acts dOlI lilt isis behalf by br 11 his committee and arad his hll att ta lila II canvass lie US arrived In Uel listens front Butt on January I C and remained there until after hi his election and lid lidIn was In constant conference ce with Ida hit corn oom and aaen agents CAMI AND DALY Referring to Mr Campbells OO neo tl tiun ft with lb the ca case the report nays YI Much critIcism b has been made mad of the contestants especially ot of A J 3 Camp bell blI a member of tb the nou House ot of It and nd an actIve Prosecutor of th the charges against Senator Some Iome members ot of the tee a not retrain refrain from their dl te approval ot of many of the tilt par sued b by Campbell and e In II u the prosecution of the charges f Sin Sinator ator tor Clark and ad they do not approve of the action of Mr Ir Daly i 1 a to furnish in n unlimited amount of If money to carry lerry on the prosecution While It I a true that bribery can never r be e proved by tb the Inao ot of the briber nor DOr ot of the person bribed that It ii al loet ala always to obtain the required Information from l Oa 01 persons who have IX cx tilt the field and made re reports back backward ward and I as to the Ihl probability of obtaining r ruta by bribery yet ret some me members or of the believe belleu this does nut Justify the character of i acts which are re POd and again Ur Mr ot of the committee do 40 not hot J join ln In any IllY 0 A and Mr DalY AMPT lO DO 1 COURT COUnT The Th maJor majority at I committee IX cx press prell th the tW the transactions tilt the of 01 th I court of JUR 11 consid a and lda lbs C connected with willa lb they reo is ismark mark Upon tile the factS and other tact facts a majority if th believe I Clar Clarks b to iii their do deepen lIpera lion on account oft of til or of tile the to take 1 the Well Wellcome come c isle attesi n fl per ap p preach to th the ud Q the lIe court and to Attora which of It itself self cannot but certain Influence In the of tile the other acts et of the a in III c with the senatorial ot of tilt the commutes Yit the u trail were ets silo acts ad that Hit ti evidence |
