Newspaper Page Text
VOLUME 98.-NO. 107.
THE PRESIDENT'S MESSAGE.
Full Text of the Document Submitted
to Congress Yesterday.
A Comprehensive Review of Affairs of the Government
During the Past Year.
The message presented to Congress yesterday by President McKinley is
presented in full in the "Record-Union this morning. The message is a care
fully prepared paper, treating at length upon many matters of national inter
est, relating not only to home affaiis, but our relations with foreign coun
tries, together with a resume of the work accomplished in the restoration of
Jaw and order in Porto Rico and Cuba, the revolt in the Philippines, the settle
ment of the Samoan controversy and the existing government in the Ha
waiian Islands. '
Referring to the Philippines, the President reviews the cbnditions leading
up to the present controversy, bestows praises upon the patriotic set vie s of thj
army and navy and the work accomplished by the commission sent to the isl
ands. In referring the matter to Congress for action, the President points
out that * withdrawal of the American forces would result in a reign of an
archy and a conflict between foreign Powers to gain territory in the archipel
ago.
Vast changes have been brought about in Porto Rico since the advent of
American rule. The people are prosperous and pleased at the change in the
government of the island. »
While reconstruction in Cuba has been necessarily slow, much progress
has been, made in educating the Cubans in all matters relating to self-govern
ment. Congress is urged to take up the question of the future government of
the island at once, that the provisions of the resolution assuring the people a
free and independent government may be carried out at the earliest possible
moment.
The attention of Congress is called to the unsatisfactory state of affairs in
the Hawaiian Islands, and necessary legislation urged extending United
States laws to the islands.
Many other subjects of national importance are dwelt upon, notable
among them the improved condition of the postal service; work accomplished
by the Department of Agriculture in furthering the interests of the farming
industry; recommending the strengthening of the navy by the construction of
more warships; the fostering of our merchant marine; the necessity of a cable
to Manila; value of the system of Consular reports to American industries;
pointing out needed legislation relating to national banks; the work accom
plished by the Isthmian Canal Commission; the growing prosperity of the
country under the new tariff Act; the progress made in the adjustment of
controversies with the Dominion of Canada; the satisfactory settlement of the
railroad bond indebtedness, and sugge sting an amendment to the Revised
Statutes in relation to mob violence, giving Federal courts jurisdiction to try
cases where the treaty rights of aliens are involved.
THE MESSAGE.
Subjects lreated Upon in the
President's State Paper.
"To the Senate and House of Repre
sentatives: At the threshold of your
deliberations you are called to mourn
with your countrymen the death of
Vice President Hobatt, who passed
from this life on the morning of No
vember 21st last. His great soul now
tests in eternal peace. His private
life was pure and elevated, while his
public career was ever distinguished by
large capacity, stainless integrity and
exalted motives. He has been removed
from the high office which he honored
and dignified, but his lofty character,
his devotion to duty, his honesty of
purpose and noble virtues remain with
us as a priceless legacy and example.
FOREIGN COMMERCE.
Has Shown Great Increase in Vol
ume and Value.
The Fifty-sixth Congress convenes in
its first regular session with the coun
try in a condition of unusual prosperity,
of universal good will among the peo
ple at home, and its relations of peace
and friendship with every Government
of the world.
Our foreign commerce has shown
great increase in volume and value.
The combined imports and exports for
the year are the largest ever shown by
a single year in all our history. Our
exports for 1899 alone exceeded by
more than a billion dollars our imports
and exports combined in 1870. The im
ports per capita are 20 per cent, less
than in 1870. while the exports per
capita are 58 per cent, more than in
1679, showing the enlarged capacity of
the' United States to satisfy the wants
of its own increasing population., as
well as to contribute to those of the
peoples of other nations.
Exports of agricultural products were
$784,770,142. Of manufactured pro
ducts we exported in value $339,592,
--140. being larger than any previous
year. It is a noteworthy fact that the
only years in all our history when the
products of our manufactories sold
abroad exceeded those bought abroad
were 1896 and 1899.
GOVERNMENT FINANCES.
Receipts and Expenditures the Past
Fiscal Year.
Government receipts from all sources
for. the fiscal year ended June 30, 1809, <
including $11,798,314.14, part payment
of the Central Pacific indebtedness,
aggregated $610,982,004.35. Customs
receipts were $298,128.481.75. and those
from internal revenue $278,457,161.51.
For the fiscal year the expenditures
were $709,993,564.02, leaving a deficit
of $89J11,559 67.
The Secretary of the Treasury esti- j
mates that the receipts for the eurrert
fiscal year will aggregate $040,958,112
and upon the basis of presert nnpro
priat'ons. the expenditures wi'l a*rfirre
gat« $Hf19,W5X.!12, leaving .«4O<HMi.OOO.
For the fiscal year ended June 30.
1890. th° internal pwenute receipts were
increased about $100,000,000.
THE TREASURY IN A HEALTHY
CONDITION.
The present gratifying strength of the
Treasury is shown by the fact that on
December 1, 1X99, the available cash
balance was $278,004,837.72, of which
$239,744,905.30 was in gold coin and
bullion. The conditions of confidence
which prevail throughout the country
have brought gold into more general
THE RECORD-UNION.
use, and customs receipts are now al
most entirely paid in that coin.
The strong condition of the Treasury
with respect to cash on hand and the
favorable showing made by the reve
nues have made it possible for the Sec
retary of the Treasury to take action
under the privisions of Section 3U94,
Revised Statutes, relating to the sink
ing fund. Receipts exceeded expendi
tures for the first five months of the
current fiscal year by .513.4i:i,359.91,
and as mentioned above, the Secretary
of the Treasury estimates that there
will be a surplus of approimately !j>4o,
--000,000 at the end of the year. Under
such conditions, it was deemed advisa
ble and proper to resume compliance
with the provisions of the sinking fund
law, which for eighty years has not
been done, because of deficiencies in the
revenues. The Treasury Department,
therefore, offered to purchase during
November $25,000,000 of the 5 per cent,
loan of 1904, or the 4 per cent, funded
loan of 1907, at the current market
price. The amount offered and pur
chased during November was $18,408,
--000. The premium paid by the Govern
ment on such purchases was $2,203,521,
and the net saving in interest was
about 52,8N5.000. The success of this
operation was sufficient to induce the
Government to continue the offer to
purchase bonds to and including the
23d day of December, instant, unless
the remainder of the $25,000,000 called
for should be presented in the mean
time for redemption. »
THE CIRCULATING MEDIUM.
Increased activity in industry, with
its welcome attendant—a larger em
ployment for labor at higher wages
gives to the body of the people a larger
power to absorb the circulating me
dium. It is further true that year by
year, with larger areas of land under
cultivation, the increasing volume of
agricultural products, cotton, corn and
wheat, calls for a larger volume- of
money supply. This is especially no
ticeable at the crop harvesting and
crop moving period.
NATIONAL BANK ACT
In its earlier history the National
Hanking Act seemed to prove a reason
able avenue through which needufl ad
additions to the circulation could from
tune to time be made. Changing con
ditions have apparently rendered it
now inoperative to that end. The high
margin in bond securities required, re
sulting from large premiums which
give the bonds command in the n arket
or the tax on note issues, or both oper
ating together, appear to be the influ
ences which impair its public utility.
The attention of Congress is respect
fully invited to this important matter
with a view of ascertaining whether or
not such reasonable modifications can
be made in th* National Banking Act
as will render its service in the par
ticulars here referred to more re
sponsive to the peoples' needs. 1 again
urge that national hanks be author
ized .to organize with a capital of $25,
--000.
GOLD STANDARD SHOULD BE
PRKSK'IVED.
I urgently recommend that to sup
port the existing gold standard, and
to maintain "the parity in value of
the coins of the two metals (gold and
silver) and the equal power of every
dollar at all times in the market and
in the payment of debts," the Secre
tary of the Treasury be given addi
tional power, and charged with the duty
to sell United States bonds, and to em
ploy such other effective means as may
be necessary to these ends. The au
thorities have the power to sell bonds
on long and short time, as conditions
may require, and should provide for a
rate of interest lower than that fixed
by the Act of January 14. 1875. While
there- is not now commercial fright
which withdraws gold from the Gov
ernment, but on the contrary, such
widespread confidence that gold seeks
SACRAMENTO, "WEDNESD AY MORNING, DECEMBER 6, 1899.-TWELVE PAGES.
the treasury, demanding paper money
in exchange, yet the very situation
points to the present as the most fitting
time to make adequate provision to in
sure the continuance of the gold stand
ard and of public confidence in the
ability and purpose of the Government
to meet all its obligations in money
which the civilized world recognize.
The financial transactions of the
Government are conducted upon a gold
basis. We receive gold when we sell
United States bonds, and use gold for
their payment. We are maintaining the
parity of all the money issued or coined
by authority of the Government. We
are doing these things with the means
at hand. Happily at the present time
we are not compelled to resort to loans
to supply gold. It has been done in the
past, however, and may have to be
done in the future. It behooves us,
therefore, to provide at once the best
means to meet the emergency %vhen it
arises, and the best means are those
which are the most certain and eco
nomical. Those now authorized have
the virtue neither of directness nor
economy.
We have already eliminated one of
the causes of our financial plight and
embarrassment during the years 1893,
1894, 1895 and 189(1. Our receipts now
equal our expenditures; deficient rev
enues no longer create alarm. Let us
remove the only remaining cause by
conferring the full and necessary
power on the Secretary of the Treas
ury, and impose upon him the duty to
uphold the present gold standard and
preserve the coins of the two metals on
a parity with each other, which is the
repeatedly declared policy of the United
States.
In this connection, I repeat my former
recommendations, that a portion of the
gold holdings shall be placed in a trust
fund from which greenbacks shall be
redeemed upon presentation, but when
once redeemed shall not thereafter be
paid out except for gold.
MERCHANT MARINE.
Congress Urged to Take Immediate
Action for Strengthening It.
The value of an American merchant
marine to the extension of our com
mercial trade and the strengthening of
our power upon the seas invites imme
diate action of Congress. Our national
development will be one-sided and un
satisfactory so long as the remarkable
growth of our inland industries remains
unaccompanied by progress on the seas
There is no lack of constitutional au
thority for legislation which shall give
to the country maritime strength com
mensurate with industrial achievements
and with its rank among the nations
of the earth.
The past year has recorded excep
tional activity in our ship yards, and
the promises of continual prosperity in
ship-building are abundant. Advanced
legislation for the protection of our sea
men has been enacted. Our coast
trade, under regulations wisely frarried
at the beginning of the Government
and since, shows results for the past
fiscal year unequalled in our records of
those of any other Power. We shall fail
to realize our opportunities, however,
if we complacently regard only matters
at home, and blind ourselves to the
necessity of securing our share in the
valuable carrying trade of the world.
Last year American vessels trans
ported a smaller share of our exports
and imports than during any former
year in all our history, and the meas
ure of our dependence upon foreign
shipping was painfully manifested to
our people. Without any choice of our
own, but from necessity, the depart
ments of the Government charged with
military and naval operations in the
East and West Indies had to obtain
from foreign flags merchant vessels es
sential for those operations.
The other great nations have not hes
itated to adopt the required means to
develop their shipping as a factor in
national defense, and as one of the
surest and speediest means of obtain
ing for their producers a share in for
eign markets. Like vigilance and ef
fort on our part cannot fail to im
prove our situation, which is regarded
with humiliation at home and with
surprise abroad. Even the seeming sac
rifices, which at the beginning may be
involved, will be offset later by more
than equivalent gains.
The expense is as nothing compared
to the advantage to be achieved. The.
re-establishment of our merchant ma
rine involves in a large measure our
continued industrial progress and the
extension of our commercial triumphs.
I am satisfied the judgment of the
country is a policy of aid to our mer
chant marine, which will broaden our
commerce and markets and upbuild our
sea-carrying capacity for the products
of agriculture and manufacture, and
which, with the increase in our navy,
means more work and wages to our
countrymen, as well as a safeguard to
American interests in every part of the
world.
COMBINES AND TRUSTS.
The Early Attention of Congress
Called to the Matter.
Combinations of capital organized
into trusts, to control the conditions of
trade among our citizens, to stifle com
petition, limit production and deter
mine the prices of products used and
consumed by the people, are justly pro
voking public discussion, and should
early claim the attention of< the Con
gress.
The Industrial Commission, created
by the Act of Congress of June 18, 1898,
has been engaged in extended hearings
upon the disputed questions* involved
in the subject of combination In re
straint of trade and competition. They
have not yet completed their investi
gations of this subject, and the conclu
sions and recommendations at which
they may arrive are undetermined.
The subject is one giving ri~e to
many divergent views as to the nature
and variety or cause and extent of the
injuries to the public which may re
sult from large combinations connect
ing more or less numerous enterprises
and establishments which previously
to the formation of the combination
were carried on separately.
It is universally conceded that com
binations which engross or control the
market of any particular kind o"f mer
chandise or commodity necessary to
the general community, by suppress
ing natural and ordinary competition,
whereby prices are unduly enhanced to
the general consumer, are obnoxious
not only to the common law, but also
as to the public welfare. There must
be a remedy for the evils involved in
such organizations. If the prerent law
can be extended more certainly to con
trol or check these monopolies or
trusts, it should be done without de
lay. Whatever power Congress pos
sesses over this most Important subject
should be promptly ascertained and as
serted.
President Harrison, in his annual
message of December 3, 1889, says:
"Earnest attention should be given by
Congress to a consideration of the ques
tion how far the restraint of those com
binations of capital, commonly called
'trusts', is matter of Federal jurisdic
tion. When organized, as they often
are, to crush out all healthy competi
tion, and to monopolize the production
or sale of an article of commerce and
general necessity, they are dangerous
conspiracies against the public good,
and they should be made the subject of
prohibitory and even penal legisla
tion."
An Act to protect trade and com
merce against unlawful restraints and
monopolies was passed by Congress on
the 2d of July, IS9O. The provisions
of this statute are comprehensive and
stringent. It declares every contract
or combination in the form of a trust
or otherwise or conspiracy in the re
straint of trade or commerce among
the several States or with foreign na
tions, to be unlawful. It denominates
as a criminal every person who makea
any such contract or engages in any
such combination or conspiracy and
provides a punishment by fine or im
prisonment. It invests the several
Circuit Courts of the United States
with jurisdiction to prevent and re
strain violations of the Act, and makes
it the duty of the several United States
District Attorneys, under the direction
of the Attorney General, to institute
proceedings in equity to prevent and
restrain such violations. It further
confers upon any person or corporation
by reason of anything forbidden or de
clared to be unlawful by the Act the
power to sue therefor in any Circuit
Court of the United States, without re
spect to the amount in controversy, and
to recover three-fold the damages by
him sustained and the costs of the
suit, including reasonable attorney fees.
It will be perceived that the Act is
aimed at every kind of combination In
the nature of a trust or monopoly In
restraint of interstate or international
commerce.
RAILWAY POOLINC.
The prosecution by the United States
of offenses under the Act of 1890 has
been frequently resoi-ted to in the Fed
eral Courts, and notably in the re
straint of interstate commerce, such as
the Trans-Missouri Freight Association
and the Joint Traffic Association, have
been successfully opposed and sup
pressed.
President Cleveland In his annual
message of December 7, 1890—more
than six years subsequent to the enact
ment of this law—after stating the
evils of these trust combinations, says:
"Though Congress hag attempted to
deal with this matter by legislation, th-2
laws passed for that purpose thus far
have proved ineffective, not because ol
any lack of disposition or attempt to
enforce them, but simply because the
laws themselves as interpreted by the
courts do not reach the difficulty. If
the insufficiencies of the existing laws
can be remedied by further"' legislation,
it should be done. The fact must be
recognized, however, that all Federal
legislation on this subject may fall
short of its purpose, because of in
herent obstacles and also because of
the complex character of our govern
mental system, which, while making
the Federal authority supreme within
its sphere, has carefully limited that
sphere by metes and bounds which
cannot be transgressed. The decision
of our highest court on this precise
question renders it quite - doubtful
whether the evils of trusts and monopo
lies can be adequately treated through
Federal action, unless they seek direct
ly and purposely to include in their
objects transportation or intercourse
between State or between the United
States and foreign countries.
"It does not follow, however, that this
is the limit of the remedy that may be
applied. Even though it may be found
that Federal authority is not broad
enough to fully reach the case, there
can be no doubt of the power of the
several States to act effectively in the
premises, and there should be no reason
to doubt their willingness to judicious
ly exercise such power."
The State legislation to which Presi
dent Cleveland looked for relief from
the evils of trusts has failed to ac
complish fully that object. This is
probably due to a great extent to the
fact that different States take different
views as to the proper way to dis
criminate between evils and injurious
combinations and those associations
which are beneficial and necessary to
the business prosperity of the country.
The great diversity of treatment in
different States arising from this cause
and the estimate relations of all parts
of the country to each other, without
regarding State lines in the conduct of
business, have made the enforcement
of any State laws difficult.
It is apparent that uniformity of leg
islation upon this subject in the sev
eral States is much to be desired. It
is to be hoped that such uniformity
founded on a wise and just discrimi
nation between what is injurious and
what is useful and necessary in bus
iness operations may be obtained, and
that means may be found for Congress,
within the limitation of its constitu
tional powers, to supplement an ef
fective code of State legislation as to
make a complete system of law
throughout the United States to compel
a general observance of the salutary
rules to which I have referred.
The whole question is so important
and far-reaching that I am sure no
part of it will be lightly considered, but
every phase of It will have the studied
deliberation of the Congress, resulting
in wise and judicious action.
FOREIGN RELATIONS.
Reviewed by the President, With
Appropriate Recommendations.
A review of our relations with for
eign States is presented, with such rec
ommendations as are deemed appropri
ate.
The long pending boundary dispute
between the Argentine Republic and
Chile was settled in March last by the
award of an arbitration commission on
which the United States Minister at
Buenos Ayres served as umpire.
Progress has been made toward the
conclusion of a convention of extradi
tion with the Argentine Republic. Hav
ing been advised and consented to b/
the United States Senate and ratified by-
Argentine, it only awaits the adjust
ment of some slight changes in the
text before exchange.
on Eighth Page.)
ROBERTS WAS
NOT SWORN IN.
The House Yesterday Decided by
an Overwhelming Majority
To Refer the Case of the Poljgamlst to a
Committee for Investigation.
The Galleries Again Thronged
With Spectators, Who Sat for
Hours Awaiting the Decision in
the Case—The President's Mes
sage Read in Both Houses.
WASHINGTON, Dec. s.—After an in
teresting debate of three hours, the
House to-day, by a vote of 302 to 30,
adopted the resolution offered by Tay
ler of Ohio yesterday for the appoint
ment of a special committee to investi
gate the charges against Brigham H.
Roberts, the Mormon Representative
elect from Utah. Previously the House
had rejected a substitute resolution of
fered by Richardson, the leader of the
minority, to allow Mr. Roberts to be
sworn in and then send the whole case
to the Judiciary Committee. This sub
stitute resolution, however, by %io
means commanded the full Democratic
strength. Only fifty-seven members
voted for it. Of the thirty who th?n
voted against the Tayler resolution all
were Democrats except two, Loud, a
California Republican, and Newlands,
a Silverite from Nevada.
By the terms of the resolution Mr.
Roberts is not excluded from all partic
ipation in the proceedings of the House
until the committee reports and the
House passes upon his case, but he is
denied a seat in the hall. Whether
this will be interpreted to deny him ad
mission within the chamber pending
the disposition of his case is yet to be
decided.
The reading of the President's mes
sage was completely overshadowed by
the dramatic proceedings which result
ed in the action of the House to-day.
The galleries were thronged with spec
tators, mostly women, who sat patient
ly through the three weary hours that
preceded the debate, and then waited
on three hours- more until it was con
cluded. The most remarkable feat
ure of the debate was the fact that Mr.
Roberts' presentation of his own side
of the case, which lasted almost an
hour, became so absorbing that he
won the sympathy of those in the gal
leries, and was several times showered
with applause. It was evident that he
realized that the House was over
whelmingly against him, and at times
he spoke fiercely and defiantly.
Tayler conducted the case upon his
side, while Richardson championed his
resolution.
During the debate Grosvenor (R.) of
Ohio rose to indignantly repel an in
sinuation of Mr. Roberts that the Pres
ident had knowingly appointed men
guilty of polygamy to Federal offices in
Utah.
HOUSE PROCEEDINGS.
Decided by a Large Majority Not to
Swear in Roberts.
WASHINGTON, Dec. s.—The gal
leries of the House to-day were almost
as crowded as on yesterday, the debate
on the Roberts case being the attrac
tion. The reading of the President's
message, usually a great attraction,
was completely overshadowed by the
universal interest in the disposition of
the case of the Mormon Representative
from Utah. The fact that three
fourths of the spectators in the galleries
were women was particularly noticea
ble, and was a tangible manifestation
of the interest of th fair sex in the re
sult.
Mr. Roberts himself'entered the hall
about 11:10 a. m. and immediately be
came the cynosure of all eyes. Just
before the House convened he took the
seat he selected yesterday on the ex
treme right of the Democratic side.
It developed that Mr. Roberts' name
was not on the official roll call of the
House, so that in case of vote or other
action by the House he would not be
a participant. This was in accord
with ail precedents. Representative
Richardson, the Democratic floor lead
er, said that no exception could be
taken to this procedure.
At 12 o'clock Speaker Henderson
called the members to order. All arose
in their places, Mr. Roberts included,
and stood with bowed heads while the
Chaplain delivered his invocation.
After the reading of the journal had
been concluded Cannon, from the-com
mittee appointed yesterday to wait
upon the President, reported that the
President would communicate In writ
ing.
Immediately thereafter 'Major Pru
den, the President's Executive Clerk,
announced the message, and It was at
once laid before the House.
The members llsened attentively to
the reading.
The reading of the message consumed
two and one-half hours, and at the
conclusion the Republicans gave it a
hearty round of applause.
Payne (R.) of New York, the floor
leader of the majority, immediately
moved that the message be referred to
the Committee of the Whole on the
state of the union and ordered printed.
Grow (R.) of Pennsylvania expressed
-a desire to debate the message, but
this was declared out of order.
The Speaker then laid before the
House Tayler s resolution to refer the
Roberts case in accordance with the
agreement of yesterday.
Tayler immediately took the floor. It
was arranged that there should be
three hours debate, - one hour on each
side, one-half hour to be allowed Mr.
Roberts; and to come out of the time
of the minority. This arrangement
having been made, Richardson, the
Democratic leader, gave "notice of a
substitute he would offer as follows:
"Whereas. Brigham H. Roberts, from
the State of Utah, has presented a cer
tificate of election in due and proper
form, as a Representative from same
State; therefore, be it
"Resolved, That without expressing
any opinion as to the right or propriety
of his retaining his seat in advance
of any proper investigation thereof, the
said Brigham H. Roberts is entitled to
be sworn in as a member of this House
upon his prima facie case.
"Resolved further, That when worn,
his credentials and all the papers i n
relation to his right to retain his seat
be referred to the Committee on Judic
iary, with instructions to report there
on at the earliest practicable moment.' -
Tayler then opened his speech in
favor of the adoption of his resolution.
He would not urge its adoption, he said,
were he not prompted by a high sense
of duty. The Constitution was con
sistent, he continued, if it was con
tended that the limitations it imposed
were not to be added to. The power
of Congress to halt the claimant at the
door, he insisted, was clear. The in
eligibility created by conviction for
crime was a power inherent in govern
ment, irrespective of the Constitution.
He cited several cases to show that as
punishment for crime the Legislature
had ample authority to disqualify a
man from holding office.
When Tayler began to speak Mr.
Roberts left the seat' he had been occu
pying and took a seat near the main
aisle, where he could hear with greate.
ease. Throughout Tayler's remarks he
sat facing his accuser, except when he
turned to his desk to take notes of the
points to which he desired to reply.
Continuing, Tayler read a decision of
the Supreme Court defining polygamy,
which stated, irrespective of whether a
man had contracted a plural marriage
after the passage of the Edmunds Act,
and irrespective of whether he had
since cohabited with a plural wife, he
was guilty of polygamy if he still main
tained the relation of husband to more
than one wife.
. Referring again to the two procla
mations of amnesty, he argued that the
claimant was in no better position than
he would have been had no such pro
clamation been issued. But higher than
the civil law was a law of civilization,
which demanded that one so tainted
should be excluded.
There were precedents for such an
appeal to the higher law. He cited the
case of Whittemore, who had been
guilty of selling cadetships, and who
upon his appearance at the bar of the
House was rejected as unfit to sit in
the House. The power and the right
were Inherent, said Tayler. It was only
a question of propriety, of wisdom and
of precedent. In all his investigation
and study of precedents, Mr. Tayler
said, he had failed to find a single case
where the House had hesitated to as
sert upon proper occasion its right to
halt a member at the bar, when his
qualifications for a seat were ques
tioned. He quoted extensively from
"McCreary on Elections" in support of
his argument. He reviewed the cases
of Proctor Knott, Boyd 'Winchester and
John M. Rice of Kentucky, who had
been stopped at the bar of the House
on the ground that they were disquali
fied because they had been disloyal.
"We are told," staid Mr. Tayler, in
conclusion, his voice ringing out clearly,
"that we are about to create an un
happy precedent. Why, Mr. Speaker,
we are doing this in the open gaze of
the whole world, not in a cloistered
court. We are the servants of the peo
ple, empowered to do the right as we
see it. The public eye is upon us, the
conscience quickens us. In that pres
ence we can do no wrong if we do but
obey it."
Tayler's concluding words were
greeted with a storm of applause, both
from the floor and the galleries.
Richardson, the minority leader, fol
lowed Tayler. He did not intend, he
said, to discuss the merits of the case
The question at issue was as to whether
the Representative-elect, Roberts, had
a prima facie right for his seat. He was
not willing to reject a Representative
elect who appeared at the bar of the
House with his credentials in due form.
If he was denied admission a precedent
would be created which would rise to
plague the House in years to come
The only constitutional objection raised
against the member-elect related to his
naturalization, and that, Richardson as
serted, would not hold.
He defied the other side to produce a
single precedent where objection was
raised to the administration of the oath
except on constitutional grounds. The
precedents cited were made during the
war, and were not to be relied on.
Richardson declared that the minority
was in nowise bound by his position.
He spoke for himself alone. He was
willing to say that if the charges
against the member-elect were proven,
he should favor his expulsion.
"If there is one thing the American
people are a unit on," he said, "it is
that the American home shall be pre
served in all its loveliness, sweetness.,
and purity." (Applause.)
"But," he proceeded,"it is not wise to
permit our judgment to be warped by
public clamor. To do so amounts to
condemnation without trial."
Richardson then brought forward sev
eral precedents in support of his posi
tion.
Roberts himself took the floor in his
own defense, after Richardson had con
cluded. He occupied a conspicuous
place immediately in front of the
Clerk's desk. Several legal documents
were piled up in front, and a bunch of
carnations lay on his desk. The most
interest was manifested as he arose.
Members crowded about, but were com
pelled to return to their seats. The
galleries were hushed. The occupants
leaned over to listen, eager to let no
word escape.
Roberts first sent to the Clerk's desk
and had read his naturalization papers.
He then began to speak. His voice
was soft and low, but his enunciation
was distinct, and in the stillness could
be heard to the farthest corner of the
hall. As he got into his argument his
voice grew louder, until on several oc
casions it rang out until the fretted
ceiling overhead gave back the echo.
Roberts began by sending to the
Clerk's desk and having read a copy of
his naturalization papers, as he said
that all the documents in this extra
ordinary case should be before the
House. He then read a paragraph from
"McCreary on Elections." containing a
general caution against hasty procedure
in election contests
"Now. gentlemen," continued Rob
erts, "that is the statement of one
whose book has authority in this coun
try. And if the rule of the House of
Representatives in that case arise to
the dignity of a contest, how infinitely
more should that rule be observed,
when a mere protest is made against a
member who presents himself to take
the oath of office.
'Continued on Seventh Page.)
WHOLE 2STO. 18,988.
CLARK REPLIES
TO HIS ACCUSERS.
Montana's Junior Representative in
Upper House of Congress
Makes a Statement Relative to the Recent
Senatorial Contest it Helena.
Leaves His Case in the Hands of
the Senate, Confident That He
Will be Acquitted of Every Sus
picion of Guilt in Connection
With the Charges of Bribery in
His Election.
NEW YORK, Dec. s.—The "World's"
Washington correspondent telegraphs
the following statement, dictated by
Senator W. A. Clark of Montana:
"It may seem remarkable to those
who do not know our Populist Governor
that he should sign such a protest,
having signed my credentials after all
the developments in the Senatorial con
test at Helena. More than this, tha
credentials were signed after thorough
investigation had been made by a leg
islative committee arid by a Grand
Jury and after the findings of both had
been repotted. Since then no new
evidence has been elicited. To thosu
who know Governor Smith, however,
his action gives no cause for surprise.
"As to the story of the $30,000 ex
posure, the circumstances as related are
too absurd to be creditable to any rea
sonable person. The evidence given in
the receht disbarment proceedings
against Attorney Wellcome before the
State Supreme Court of Montana by
Whiteside and State Senator Mark is
so conflicting and contradictory as com
pared with that which they gave be
fore the Grand Jury as> to entirely dis
credit and make their statements nug
atory and, besides the evidence of a
number of the most prominent and
honorable men of the State was pro
duced to impeach the character of
these men for veracity.
"Whiteside is now uirder bond to ap
pear before the District Court of the
county in which he lives and will be
arraigned on Wednesday to answer a
charge of having attempted to bribe
the Deputy County Clerk to give him
access to the vaults in which the bal
lot boxes were stored in No
vember, 1593, at which time he
was a candidate for State Senator, and
believed he had been defejated. Over
whelming evidence will be) produced in
substantiation of this charge against
Whiteside.
"After Whiteside had' made his
charges of bribery in the State Sen
ate I demanded that a Grand Jury be
called to make a most searching inves
tigation. The presiding Judge charg
ed the jury fully to leave no stone un
turned in their efforts to reach the
guilty persons if an attempt at bribery
had been made. A larjre number of
witnesses were examined during an in
vestigation lasting two vreeks. The
Grand Jury reported thai, there was
no evidence upon which ati indictment
could be found.
"There is another thing which has
been misunderstood and thaV. is that in
all the so alleged cases of bribery it
has not been shown in a singie instance
by any evidence that any of the par
ties so charged at any time voted for
me.
"The statements circulated to the
effect that a preacher named iWarren
testified that I had authorized him to
pay $100,000 to a friend who, he al
leged, stood ready to vote for me for a
consideration, has been falsely report
ed. All that lie did say, and that was
an infamous lie, was that I could not
consider any proposition of that kind
myself, but would see that it was at
tended to.
"This 'divine.' during his talk with
me, asked for a contribution for his
church at East Helena. I gave him a
check for $100. He was very careful
to have the check made payable to him
instead of to the Trustees of his church.
After an examination of the indorse
ments upon the check I am quite con
fident that he pocketed the money him
self, and that the church did not profit
any by the contribution.
"This contest instituted to-day is the
culmination of an unprovoked, pernic
ious, malicious and bitter warfare
which haa been waged against me for
twelve years by parties who have used
every means to control not only the
politics, but the executive, judicial and
legislative departments of the State
and to monopolize the vast public bus
iness interests of the State.
"I am quite willing to leave this mat
ter in the hands of United States Sen
ators, knowing that upon a full inves
tigation I will be acquitted of every
suspicion of guilt."
Rev. Father Hespely Dead.
PHILADELPHIA, Dec., s.—Rev. John
B. Hespely, C. R. S. R., thp oldest mem
ber of the Redemptorist Order in the
United States, is dead at the rectory of
St. Peter's Roman Catholic Church
here, in his 78th year. His death was
due.to the infirmities of old age. Father
Hespely was born in Bavaria June 24,
1821. At the age of 23 years he came
to the United States. He served
churches in the States of New York,
Pennsylvania, Maryland, Ohio and New
Jersey.
Hotel Guests Have a Scare.
NEW YORK, Dec. s.—There was a
scare among the guests of the Hotel
Marlborough for a short time to-day,
because of a fire on the roof. No panic
resulted. Several persons were ciarried
down stairs, among them an invalid
woman, but nobody was hurt. Tha
damage amounted to about $">OO, per
haps more than half of it from water
poured on the fire.
Columbia Beet Designed Boat.
GLASGOW. Dec. s.—Members of tha
Shamrock's crew declare the Columbia
is a far better designed boat. But they
claim her sails set badly, and, they add.
had the two yachts exchanged sails, the
Columbia would have won by an hour.
