New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-07-16
THE SENATE AND MR.. PAYNE.
DIVIDED OPINIONS ON OHIO BRIBERY.
THREE REPORTS FROM THE ELECTIONS COMMITTEE
A REPUBLICAN MINORITY FAVOR INvEsTIGA-
lBY TELEGRAPH TO TIE rRrpUYE.l


fBr TELEGRAPH TO TIE TRIDUyE.l
WASHINGTON, July Is (SpeciaD.-The three
reports from the Senate Committee on Privileges ana
Elections in the Payne submitted to the SEN
alta to-day. The report OF the majority. signed by
Messrs. Salisbury Eustis, Pugh and Vance, ana 'ho
report Of Messrs Evars Logan and Teller are an'er'
TO any investigation The report OF Messrs hoar anu
Frye favors al inquiry.
The matter will not be allowed TO rest here, put I'M
doubleday will lead to a thorough discussion III 'i'
Senate. Senator Sherman. 1t Is understoon' 10 po'
ing a speech on the case IN which he will demand an II"
vestgation as due to dignity and integrity OF inc
Senate Both Messrs Hoar and Frye Will follow III 'o
same line As the whole matter involves question Vi
privilege IL can be taken mp at any time.
The majority report signed by the Ioui Do"o
members of the committee. Senators Push' sauisoui'
Vance and Eusts after rectng the history Oh Tic III
vestigation, goes on TO say:
The charge in tho case before made by tho two
houses of the General Assembly OF ONO acting sep
aratey and BY the Republican state the bo
now occupies In the Senate OF the uned states uy Vic
corrupt OF money or to DO more speec y ~ tbs
charge and the respectaby ana responsloy VI shoo
who make n are eoneeGeq ana anev are UnJer to OK
anime and decide the question referred 10 then Us ono
Vi n Manifest To- majority OF your committee that no
OF duty, law. justice pubic poIcS % pu
into the title Senator upon the naked charge OF t
Legislature OF State that his election was
by bribery of the members by whom he was eiece.
without informing the Senate OF any fact or evl-
dence or witness to es' ,hs rh,roo '''' Is
must be concededthat the two houses OF the LAN
General Assembly Of Oho had no power OF sasnorny
over the election the title OF Henry b. Payne %
tinted states Senator The houses having no Jurs-
dicton the subject It is manifest that as mat h
~ rigbt or authority they had more claim upon tc
Of the Senate as to the charge contained IN
their resonons tnan the state pssnv Of Ohio had
mower and Jurisdiction confer upon Henry b. Iayne
his title as a United states senator The only powe.
ma rsts anv where to try the validity of that title and
70 annu it IL vested the senate OF the Cntca states.
Would the Senate order an investigation Oh inc tit VI
Senator to his seat on cnarge MAUI ~ ,; y vhny
Whatever might be their dignity or resOectaply, woy
Unsupported and unacoOmpanled by any lacl' e'uooo
or reason to make the charge or to create reason
able belief that the charge can be estaplsheu anu aa
sitting member deprived OF his seat by an
majority OF yonr committee constrained to believe
that If naked. unsupported charges py one au ~
senator IN trial right to his seat such precedent
and practice would become an agency OF ~
The nnuoa and personal enemies OF aby senator anu
seriously pair the Independence ana stahuihs Vi 'no
Y"ur Committee are of the opinion that to deprive sit
ting OF his seat tho Senate must pe
Satisfied by leea evidence that he was personally guilty
~ hrhsrv or tha he was personally connected with the
bribery or corrupt OF money 10 procure MS oee
ton or that he personal knowledge OF sucn corrupt
use OF money and personally sanctioned or ENCOURAGED
such use thereof TO insure his ele tlo Iho cgt oco
of .ncb persoua quit o. the sitting member on MS ccc
ton yor Committee does not decide, some nehDeIS
being opinion that whether IL cNtrnusu 10 tue
ton OF the majority OF the nominating caucus OF inc nm
iorlty Legislature OF the state which secured ms
election mmateriA Oh the tral OF tue Nanuily ., ns
title. on the question oil MS ehpuIs,oI' as aro
personal act bribery other corrupt use OF nonry
iy sitting member as stated 10 procure MS 81
would lie sniccut ~ the opinion ol sone VI u, "a .,ia
iiate The lte he claims to have acquired ana "onln
Justify his expulsion from the senate =, A.,
Your committee ar also OF inc OPINION iha u .1o
eyleuce falls to show that the sitting member was
guilty OF bribery OF any memper Oh we 20 IN
LEGISLATURE had ans personal knowicuse OF agency III
hr bribery OF the corrupt OF money TO secure ms
eieot.op, Inen ,ctent numSer Of the members
Legs anrc br1hed 10y the friehhH OF the sit'ns
Iss,anr 10 insure his election that without The
votes thus corupy obtained The sitting member "ouu
II IS conce led tlat tho Democrats had majority in
the sixty sixth General Assembly OF ONO OF tnrt5-slA
me nbers and that Henry g. Payne WIS the only Demo
Graf voted by the members OF IN. Legislature "hen
lie elected TO the senate Inc cnsrse pteIeileu
agalns, Henry t. Payne by the Senate ana House act
ing separately he sixty seventh LEGISLATURE OF oho'
elected Ionry b. Payme and at the time the charges
made there was a majority OF i.epao',oans
10 the day when the law requires the sky
sixth General Assembly oI ONO 10 Nole lor ihe
election OF United states Senator caucus OF mo
Democratic members Of the LEGISLATURE was hclu 10
roommate some person foc whom tho Democratic mem
beers TO vote ia The General A-,eny anu Ina ~,
such caucus Henry b. Payne received 10 voes DurOlh
Ward received i votes and Georse a. fehdietoh re-,
aver n n aiority OF sevcnty-nIne Democrats IN the
caucus was declared nominated. Inc charge - mat
money oorruptly used 10y Drihg paiu 20 OF l"i ur
use OF divers members 81 tue caucus 10 stcuI" '"e
| Your committee having made a protracied ana e1-
haustye examination OF the matters rcierrei 10 lhchi
] r.
win having anythin. do personally or with having
any persona knowledge OF. connection with or paltcl-
patton Ia any act OF any thing ina may nave oee zone
or charged having been done, that was criminal
| immoral reprehensib!e IN his election; Lhat
Tb.i mo- iusmber OF your and witness
resentaIvs person has expressed the opinion
or Inlimaed any beef or suspicion that Henry H. fayne
is or as connected r-motest degree by act or
know with anything That was or may nave Dech
! wrong or criminal or immoral. IN his erection.
second-A majority OF your committee report that on
the whole case presented to them they recommend
mat Inc senate make further Investigation Of the
charge involving tie right OF Henry T. Payne 10 his scat
our committee ask TO he DISCHARGED from further con
sheraton the matter. referred to them and that the
whole su ject he indefinitely postponed.
Senators Teller Eyars and Logan unite in report in
which, after calling attention to the papers sent from
ONO ard TO the relative strength Of the two parties In
the slxtysixh and Ohio legislature they
say:
The only constitutional rights powers and duties which
can sustain properly induce Az Investigation snch AS
presented for the consideration OF te senate ~ me
honorable House OF Representatives OF the state
| OF ONO, arises from t"o separate aud independent
clauses OF the Consultation. by The inst clause oi
section OF article of the Constitution each House OF
Congress Is made the judge al The elections. reLu rms
and qualifications OF It's own nrinbcrA" ny the second
clause OF The section each Honse may WIKI the
concurrence OF t.O-hirds e1pel "a member As these
tw alone Limit The OASIS ana object OF any nvrstl-
po proposed either for invaldatng the election OF
Senator expeng from the Senate duly elected and
| uuanned member OflL
scriny OF the grounds. In fact. upon which such
aclon Is demanded IN any case arising from tue senate
propos Tho testimony, presented or reasonably
assured would Justify the ultimate action Of the -cn
ale under one other OF these clauses OF the Con
| sttutlou. We DO not understand that the House o
REPRESENTATIVES. OF Ohio presents case. upon the
testimony taken imagined 10 bo accessible
yestiyaton by The senate upon allegation or tie
ex.tencc suspected. though not probable,
wuuld affect NJ Payne with such personal lie nquoncy
| or turpiiude as would invite tolerate III,
expulsion from the Senate FOR his participation In the
| transaclion which resulted IN his election. The ex
| animation OF the testimony suggests no support fol
such An pntatOu and the course or the Select Com
mtttee in not giving Mr. Payne any opportunity be
heard before them preclddes any ntaton that such
noLlon entertained for moment by that commit ce
or he OHIO OF Represent atives Wedo under
stand that any member OF the Committee ON Privileges
and Elections has haTbOfed or expressed the
he testimony taken. suggested as accessible pos
sib touches the subject OF this personal meal patton
Mr. PAYNE . Upon the whole matter as pre-
sented IN evidence and argument, 10 the Committee
Privileges and ElectiOns We arc or opinion thai
there evidence which pnrpOTts To prove that fraud
corruption bribery was employed in the election 81
Sir PAYNE affecting the votes given either Ia the
or IN the lie glsatuIe whereby the election
iLe ellscL Of his elcctlOn Nor. In