The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-18
THE RECORD.
IN THE SENATE.



WEDNESDAY, Jan. 17-l0A. II.
The Northumberland announced PRAYER
by Rev. Mr. Clark.
The Lieutenant governor stated the order of
business 10 be the substitute pending at the ad-
journment last evening, authorizing the com
mittee on elections TO send for witnesses md pa
pers necessary 10 support or negative the
charge of bribery made against Senator Over
strert.
Mr. spann insisted the committee had no need
OF the power sought for in tins resolution if IL
be simply in regard 10 qualification and not to
eligibility. party charged with disQualihca-
tOn should he brought before the bar OF the SEN
ate. Under the statute the Issue is on Inpngihil-
ity. II Ia unfair and untust not TO recognize the
distinction. The committee ought to hear moth
ing in this case except as TO the contest If SEN
ator Overstreet Is arragned before the bar of
the Senate, ha is ready TO the charge If the
committee should tnd the Senator is guilty. of
bribery, although unseating him 1t would not
seat Mr.. Johnson. 1t looks like the purpose is.
under cover, to gather evidence TO bolster up
the contest for the seat The law says the con
testnr and the cOntestee shall hear the exnense
of contest themselves The law evidently in
tended that evidence should be taken entirely be-
fore the commission provided by law, and should
there be clo3rd 10 all intents and purposes, and
the commission OF justices for the purpose of
taking the deposition has expired. He spoke
further against the adoption of the substitute.
MT. Willard considered the question one of n
purely legal question, aud cOnld see reason
Tor excitement In us discussion. He regarded
the question to go MS far to ineligibility. The
statute distinctly provides for like this.
1t is clearly within the province of the commit
tee to inqure into the eligibility of the sitting
member The Senate is Il cnurt having exclusive
Jurisdiction as TO the qualification of its own
members. The English rule has been well set
tied, and there is no variance from that rule
where the majority candidate Is ineligible, the
candidate receiving the next highest number
OF votes ls entitled to the seat
He read from XIV Indiana, page SO, where
there was inelielhllity on account of holding n
judicial Olfice. The question narr0ws down to
the question, did sufficient number of the
voters in This contest have knowledge of the
charge OF bribery? 1t is the purpose OF the
ms Ibepa
be no notice, then there is no cause of removal
on that charge. Will Won deny the right of hav-
ing evidence on this subject 1t cannot be told
how long IL will take to obtain necessary deposit
tons, and the Senate or the House has power at
all times 10 send for persons and papers. He
could not understand why senators IN the other
side are unwilling TO have this matter thoroughly
invest gaed.
Mr.. Voyies thought the discussion had taken
n wider range than is proper at this stage of the
proceeding. The inquiry is narrowed down to
the one question OF bribery. He favored, If evil
dence WAS heard at ALL that witnesses should ha
sent for. Their hearing and consistency upon
the stand should be observed. The taking of
dispositions might he made almost interminable.
a material evidence can soon he obtained by
sending for witnesses, ana the losing party
having 10 pay the cost, no more witnesses
After grounds have been filed in contest under
the statute the confession has the right to present
supplemental ground OF contest where he shows
Il good excuse for not filing the same in the
proper time. No respectable authority will DENY
the right 10 amend or supplement such COM
plant. If IL he true a brl6e WAS given by the
sitting member, and known % IA number of voters,
sufficient to change the result, the confession
would he entitled 10 a seat.
Mr.. Bnndv insisted ihe argument of the Sena-
tor from Rnsh tMr. Spannl has not and cannot
be answered. The question pending before the
committee la in the nature of IA contest. That is
the matter referred to that committee, not n
question Of bribery--rhat has NOT been rrferred
to tho committee. The pending resolution asks
authority to send for persons and papers, that
evidence may be taken to support and negative
a Charge of bribery. A committee has no power
q Paf cd nt,d
thar question vas not referred II charge of
bribery, bur as an additional ground Of contest.
Bribery is not cause of contest under the
statute In an election tn the General Assembly
There is difference between the question of in
eligibility and the question 81 qualification. The
0iJtct of me resolution Is evidently to make the
S ate of Indiana pay the expense, instead of
letting II fall upOn the parties.
Mr.. Brown sent the clerks desk and had
read the supplemental cause of contest, discerning
anew causr, viz The secOnd statuary cause:
Said contestee did offer and give brihe of
money to secure his election. That paper shows
1t intended tn be- regarded additional
ground. H. is double; so much recites the fact
IA to the majority of votes cast is III the nature
of IA contest, but so mnch as refers to the bribe,
by that act of his lie hHR placed bar of iisQual-
lhcatiOu as 10 holding office If the sitting sen.
atOr Is proved to have given brihe to secure
the position, that does not seat the confession.
This has been settled after discussion ten
years ago in this Senate, and the person asking
for The scat did not claim 1t. There cannot he Il
single case shown III the annals of legislative
bodies where man mas been turned out and
the man who ran against the one turned ont
seated. This discussion ought not TO have come
at this early rine. IL has been brought to the
notice of the Senate by the solemn oath of a cit
iZen that sitting member is disqualified by
giving Dribe, or Offering bride: that we take
notice of 1t on our own account entirely. If that
he found true, the seat becomes vacant That ia
the universal rule every here. The question OF
disqualification can be heard at the same time
with the questions OF contest, and, therefore, IL
Ia proper TO adopt the resolution. In the case
before the Senate ten or twelve years ago not
single deposition was taken. Those friendly to
the sitting member should not seek to stop the
most fuli and fair Investigation.
Mr.. Graham said the senator from johnson
(Mr. Overstreet) cared nothing personally
whether he retains the seat or not, though he
was honestly and fairly elected to this body; hut
he cares for his reputation, which ~ attacked in
IA manner not warranted bv law. The committee
cannot find any ground for contest under the
statute; the specifications cannot be sustained
by tho evidence, oven In the hands OF "a Demo-
cratic majority. II is attempted to lug in his