Omaha daily bee., 1886-07-16
THREE OPINIONS ON PAYNE.
The Senate Committee Makes Triple Re-
port on the Bribing Charges.
THEY WANT NO INVESTIGATION.
That is What tho Majority say, But
Senators Hoar And Frye Fail to
Agree in the Conclus-
ions Reached.
The PnYne RrlhcrY.

The Payne Bribery
WAsnINoroN, July l5.--Threc reports from
the senate committee on privileges and cleo
tions upon the Payne case were submitted to
TO the senate to-day. The report signed by
Messrs. Pugh, Salisbury, Vance and Eustfs,
the democratic members of the committee,
sets forth at length the public history of the
case. II recognized the tlansccndent import
ance of throwing around the senate OF the
United States the highest safeguard aEainst
seating q member whose title was procured
by bribery, fraud and corruption, and de-
scribes the processes by which the signefs
reach the conclusion that there Is no ground
for further proceedings against Payne. Tho
report says the committees first act was to
comply fully with the first request of the
Ohio house of representatives to make an eN-
animation of the testimony taken by select
committee at Columbus. Upon this testi-
mony Mr.. Hoar made report to the commit
tee that after careful reaung no evidence,
opinion or statement whatever was found
personally inculpating Payne in any way
with the corrupt use Of money in connection
with his election, neither did such "eXamina-
tion show that enough had been found to
justify the charge that his election was pro-
cured by the corrupt use of money. About
this time supplemental resolution of the
two houses of the Ohio legislature
and of the republican state central
committee made their appearance, ana soon
after Congressman Little and Butterworth
report declare that no new evidence not con-
tained in the original matter submitted was
brought to their attention which any court
would not hold to be merely cumulative and
speculative and Insufficient by itself, OF III
connection with the original to justify re
port ip favor Of trial by tho senate OF
Payne's right to his seat
Senators Teller, Evarts and Logan unite in
report which says that no action was taken
by the state legislature which elected Payne
calling In question the validity OF his elec..
in January of the, present year, adopted q
resolution under which an investigation of
Donovans charges had been made. The
senate committee had found it proper to at-
cept the presentation of the case set out in
the majority and minority reports OF the Sc
lect committee OF the Ohio house of repre-
sentatives. The only constitutional warrant
for an investigation in u, ease like that pre-.
sented is in the clause making each house Of
congress the judge of the qualifications Of its
own members, and the clause comforting the
port do not lind that a case has been pre-
sented that would affect Payne with sfch
turpitude AS wond tolerate his expulsion.
from the senate,nor that testimony is acces-
incubation of Payne. They therefore turn
their attention to the question of the validity
of his election to the senate. The
must show that the fraud, which it is alleged
was committed, embraced enough in the
number Of voting electors to have changed
the result. The testimony presented by tile
Ohio house of representatives shows the
number of members of the general assembly
that have been brought into inculpation, and
the weight of evidence AGAINST them. AS to
Members Barkar, Hunt, Shnltz and Teigler,
il Is found by the signers Of the report that
the testimony developed nothing of an incul-
pating character. AS TO the two members,
Kahle and Hull, the report finds that they
ton to that of Payne. OF the two senators
and two representatives named in the ma
jority report of the select commlttee-MooneY
and Roche OF the house. and White and
port refer without observation of their owp
to the majority and minority reports OF the
Ohio committee. They do not find that the
select committee recommended any action by
the Legislature looking to any further investf-
cation, and they express the opinion that
there was no evidence presented to the
prove that fraud corruption or bribery .Yas,
employed in Payne's election, affecting v0tea'i
either in the caucus or in the legislature,
whereby the election was carried; nor Is
Therefore the report holds that the senate
would not be warranted under the consider /;
alton in instituting an investigation. The
report points out that state is not under,
Investigations, and says the state should ex-
ecute its laws respecting the purity OF the
senatorial elections by indictment and con-
VictiOn of brlbe givers and takers. IN this
case the state has attempted no further in
yestigaton than is embodied in the matter
laid before the senate either through the
legislature or the courts of law. If further
examination by the state should be made the
senate would be governed in It's further
action by what might appear but as the mat
ter now stands the report holds that an In
vestigation should not be Instituted by the
senate.
Senators Hoar and Frye, in separate
report, state that they cannot con-
cur with the views expressed
by the other members Of the committee. 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 ii is the duty of the senate to per-
nit the petitioners to present their evidence
and TO authorize the issue OF a proper process
to aid in procuring the attendance of wit
nesses. The senate Is the only court which
can have jurisdiction of the question. Tha
courts of Ohio may exercise Jurisdiction OF
the otfense of bribery but could not decide
whether the result of the election was thereby
changed. For the senate TO refuse to listen
TO this complaint would be taken as declara-
ton that II is indifferent to the question
whether its seats are TO be in the future the
subject of bargain and sale, or may be pre-
sented by a few millionaires as compliment
to a friend