Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-07-15
THREE REPORTS ON THE PAYNE
CASE.
Two Reports Against and One in Favor
E0f an Investigation.


Three reports from the Senate committee on
privileges and elections upon the Payne case
were submitted to the Senate to-day. The re-
port signed by Senators Pugh, Salisbury,
Vance and Eustis, the democratic members of
the committee, describes the processes by which
the slgners reach the conclusion that there is
no ground for further proceedings against Mr..
Payne. Upon the testimony first presented to
the committee Mr.. Hoar made a report that
after careful reading no evidence whatever
was found personally inculpating Mr. Payne in
any way with the corrupt use of money in con-
necton with his election. About this time the
supplemental resolutions of the two houses OF
the Ohio legislature and OF the republican state
central committee made their appearance, and
soon after congressman Little and But erWorth
were heard at length. The signers OF the report
declare that no new evidence not Contained In
the original matter submitted was brought to
their attention which any court would not
hold to be merely cumulative and specu-
lattve, and insufficient by itself or in
connection with the original to justify report
in favor of trial by the Senate OF Mr.. Paynes
right to his seat. They conclude that Henry b.
Payne has not been charged with having any
thing to do personally or with having any per-
sonal knowledge oi or connection with or par.
ticipation in any act or anything that may
have been done or charged a having been done
that was wrong in his election, and Oh the
whole case, as presented to them, they recon-
cation Of the charge involving the right of
Henry B. Payne to his seat. This report asks
that the committee be discharged from further
consideration of the subject and that 1t be in
definitely postponed.
THE REPORT OF MEsSRS TELLER, EvARTS AND
LOGAN.
Senators Teller, Evarts and Logan unite in a
report in which. after reciting the circum-
stances surrounding the senatorial election i'm
Ohio in 1855 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 cOnsti-
f,,fa in, To- of t1a
adopted the resolution under which the inves-
tigation OF Donavins charges had been made
has been presented that would affect Mr.. Payne
with such turpittde as would tolerate his eXpul-
sion from the Senate. nor that testimony is
accessible that touches the subject of
the personal inculpation of Mr.. Payne
They do not find that the select committee of
the Ohio legislature recommended any action
by the legislature looking to any further inves-
tigation, and they express the opinion that
there was no evidence presented to the United
fraud corruption or bribery was employed in
Mr.. Paynes election, affecting the v0Ies either
in caucus or in the legislature whereby the
election was carried, to effect his election, nor
is there evidence that any such proof exists
Therefore, the report holds that the Senate
would not be warranted under the Constitution
in instituting an investigation. The report
points out that the state il not under the re-
strictiOnS which binds the Senate in such in
vestisatiOns, and says the state should execute
its laws respecting the purity OF senatorial cleo
tiOns by the indictment and conviction of bribe
givers or takers. In this case the state has
attempted no further investigation than is
embodied in the matter laid before the Senate
either through the legislature or courts of law
II further examination by the state should be
made the Senate would be governed in its fur.
Their action by what might appear; but, as the
matter stands, the report holds that an investi-
CATION should not be instituted by the Senate.
WHAT SENATORS HoAR AND FRYE SAY.
Senators Hoar and Frye in q separate report
state that they cannot concur with the views
expressed by the majority. They describe the
eminent sources from which the charges were
brought to the attention of the Senate and say
they think a case Is presented in which it is the
duty Of the Senate to permit the petitioners to
present their evidence and to authorize the
attendance Of witnesses. The Senate i IS the the
only court which can have a. of the
but could not decide whether the
result of Al election was thereby changed, For
the Senate to refuse to listen TO this com plant
would be taken as a declaration that il lis indif-
ferent to the question whether its seats are TO
be in the future the subject of bargain and sale,
compliment to a friend. The report sets forth a
series of ten propositions" which Messrs
sponsbility to establish to the satisfaction Of
the Senate largely by witnesses who were not
within the reach of the Ohio commit
lowing: Three-1ourlhs Of the members of the
legislature were pledged to Pendleton and
Ward; that just before the legislative caucus
Paynes son and other friends at the control Of
the active managers Of Mr.. Fayne's canvass;
that q gentleman whose name is offered to be-
given would declare that David r. Paige had
said he had handled SOS, 900, and that no un.
willing witness had ever yet been compelled to
testify, and no process had gone out which
could cross state lines. 1t would hardly
be doubted that cases Of purchase Of
multiply under the decision proposed by
q majority OF the committee. The nrst great
precedent to constitute the rule under this
branch of law was to be this: "Held by the Sem
ate OF the United States that charge made by
the legislature OF state and by the committee
Of the political party to which the larger num-
Der OF It's citizens belong and by OF its Repre-.
sentatives In Congress that an election OF Sem
ator was procured by bribery, accompanied by
the offer to prove the fact, does not deserve the
attention Of the Senate" The report concludes
with q resolution directing an investigation of
the charges and with Recommendation that it
be ad6pted.
COMMODORE sIcARD, chief OF ordnance, Navy
department, has gone TO Portsmouth. N. H., for
q week ON official business. Chief Clerk Had
K. Sailer II acting chief during his absence.