The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-16
THE FAYAE INQUIRY.
HRER REPORT rs SUBMITTED TO
THE SENATE.
The Ohio Senator Declared to BE
Guiltless OF All Blame
Facts Developed.

WASHINGTON, July 15.-Three re-
norts from the Senate Committee on
priyile pes and Elections were submit-
ted 10 The Senate today;
The report signed by Senators Pugh,
Salisbury, Vance aud Eustis, ths
Democratic members of the commit.
tee, sets forth at length the public his
tory OF the CAGE, recognizes the tran
scendent importance OF throwing
around the Senate Of the United
States the highest safeguards against
seating q member whose title was pro.
cured by bribery, fraud or corruption,
and describes the process by which
the signers Iesch the conclusion that
there is no ground for further proceed
ipps sga'nst Senator Payne. The r9-
port says the committees first act was
to comply fully with the first request
of the O6iO House OF Representatives
to make an examination OF the testi-
mony taken by the Select Committee
at Columbus. Upon this testimony,
Senator Hear made a report to the
committee that after careful reading,
no evidence, opinion or statement
whatever WIS found personally incul-
pating Senator Payne in any way with
the coIruptuse of money in connection
with bis election. Neither did such
examination thpw that enough bad
been found 10 justify the charge that
the election wss secured by the cor
rupt uee Of money. About this time
the supplemental resolution OF the
two hous1 IS OF the Ohio Legislature
aud oil the Republican State Central
Commi tee made their appearance,
and soon after Congressman Lite
aud Butterworth were heard ut length.
The s'gners Of the report declare that
no new evidences not contained in the
original matter submitted was brought
10 their attention which any court
would not hold 10 be merely Cumula.
tive and speculative, and insufficient
by itself or in connection with this
original to justify a report in favor of
a trial by the Sensts OF Nj. Payne's
right to his seat. They conclude that
Henry b. Payne has not been charged
with having anything to do personally,
or with having any personal Enowl.
edge bf or connection with or psrtici-
patton in, any act or anything that
may have been done, or charged as
having been done, that was wrong,
criminal, immoral or reprehensib'e, in
his election; that NJ member Of the
committee and no witness, Represent
alive or other person has expressed
the opinioa o. iptimated sny belief or
suspic on thAt Henry b. Payne is or
was connected in the remotest degree,
by act or knowledge, with anything
tbat vas or may have been wrong or
criminal or immoral in his election;
and on the whole case as presented to
them they recommend that the Sem
ate make no further investigation of
the charges involving the right Of
Henry b. Payne to his seat. This
report asks that the committee be dis.
charged from further consideration OF
the subject, and that II be indefinitely
postponed.
Senators Teller, Evsrts and Logan
unite in a report in which, after recit-
ing the circumstanc s surrounding the
Senatorial elect on In Ohio in 1884, 1t
is said that no action was taken by
the State Legislature which elected
Senator Payne, calling in question the
validity Of his election, but that the
new Legislature, constituted in JAN
usry OF the present year, has adopted
the resolution under which the inves-
tigation Of D~onavan's charges had
been made. The Senate committee
has found II proper to accept the
presentation Of the cases set out in
the majority and minority reports OF
the select committee OF the Ohio
House OF Representatives, The only
constitutional warrant for an %investi-
CATION in q case like that PRESENTED, Is
in the clause making each house oil
Congress the judges OF the qua'ihca.
tons OF its own members, aud the
clause comforting the right OF expul.
sion. The signers OF the report
do not hud that a case has
been presented that would affect Mr..
Payne with such turpitude az weuld
tolerate his expulsion from the Senate,
not that testimony is accessible that IL
touches the subject OF the personal in
culpation Of Mr.. Payne. They there
fore turn their attention to the ques.
ton OF the validity Of his election to
the Senate. The report holds that the
eyid ,nce in such a cas- mus 81 o y that
the fraud which II is alleged was com
mitted, embraced enough in number
OF the voting electors TO have changed
the result. The testimony presented
by the Ohio House OF Representatives
shows the number OF members of the
General Assembly that hava been
brought into inculpation and the
weight OF evidence a2a'utt them. As
70 the four members b,ker, Hunt,
Schultz aod Risler, IL ia fonnd by the
signer OF the report that the testimony
developed nothing Of an inculpating
character. As TO the two members
Kahle and Hull, the report finds that
they were not diverted from
the support Of Mr.. PEN
dleton TO that of MIR. PAYNE. OF the
two Senators and two Representatives.
named in the majority report Of the
select committee (Messrs. Mooney
and Roche, of the House, and White
and Ramey, OF the Senate), the sign.
ers Of the report refer without obserya-
ton Of their own to the majority and
minority reports OF the Onio commit
tee. They do not find that the select
committee recommended n action
by the Legislature looking to any fur
ther investigation, aud they express
the opinion that there was no eyi.
denoe presented TO the United States
Senate which purports to prove that
fraud, corruption or bribery was en-
ployed in Mr., Payne's election Affect
ing the votes, either in caucus or in
the Legislature, whereby the election
was carried to effect his election, nor
is there evidence that any such
prof exists. Therefore the report
holds that the Senate would not
be warranted under the constitution
in ins,ituting al investigation. The
report points out that the State is not
under the restrictions which bind the
Senste in such investigations, and
Gays the State should execute its laws
respecting the purity Of Senatorial