The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-07-16
The Bribery Case to be Re-
investigated.
THREE REPORTS ON THURSDAY
The Senate Is the Only Court which
Can Bays Jurisdiction of
the Question.
The Payne Bribery Case.

submitted 10 the Senate to-day. The
report signed by Senators Pugh, Sauls-
bury, Vance and Eustis, Democratic
members of the committee. sets forthat
length the public history of the case.
recognized the tTanScendeut importance
OF throwing around the Senate of the
United SLstes the highest safeguard
against seating members whose title was
procured by bribery, fraud, and cor
ruptiOn; and describes the processes BY
winch the slgners reach the conclusion
that there IS no ground for further pro-
ceedinbs against Payne. The report says
the committee hrst act was TO COM
ply fully with the first request of the
Ono House of Representatives TO make
an examination of the testimony taken
by the select committee a. Column
bus. Upon the testimony, HoaI
made 3 report to the committee
tnat after careful reading, no
evidence, opinion or statement what
ever was found personally inculpating
Payne in any way with the corrupt use
If money in connection with his cleo
ton. Neither did such examination
show that enough had been found TO
Justify the charge that the election was
procured BY the corrupt use of money.
luton of the two houses of the Ohio
Legislature and Of the Republican State
central committee made their appear
ance. and soon after Congressman Little
aud BuIterHorth we're heard at length.
The signers of the report declare that 10
new evidence Lot contained in the
original matter submitted was brought
TO their attention, hich any court
would not hold ~ be merely cumula-
tive, or insufficient by itself or in con-
necaOn with the original. TO justify
report in favor Of trial by the Senate
of tayne's right % his seat. Tney con-
cluded that Henry b Payne has not
been charged with having anything to
do personally, or with having any per
sOnal knowledge of, or connection with,
or participation III, any actor anything
u I NAV have been charged as having
been done that was wrong, criminal or
immoral, or reprebenSlble in his elecA
ton. That no member of the commit
tee, and no witness, Representative or
other person, has expressed tie opinion
or animated any belief or suspicion that
Payne is or was connected in the re-
hottest degree. by act or knowl-
edge, with anything that was or
may have BEEN wrong or criminal,
in his election, in the whole case as
pre- ented to them. They recommend
that the Senate move no further inves-
LEGATION of the charges involving the
right of Payne to his seat. The report
asks that the committee be discharged
from further consideration of the sub
ject. and that II be indefinitely post
poned.
Senators Tiller, Evarts and Logan
unite III report IN which, after reciting
the circumstances surrounding the
Senatorial election in Ohio in 1884, it is
said no action was taken by the State
Legislature which elected Senator
Payne calling in question the validity
of his election. but that the new leglsla-
ture, constituted in anuary of the pres
ent year, bad adopted a resolution
under which the investigation of the
O'Douovan charge had been made. and
theSenate committee had found il proper
TO accept the presentation of the case set
out in the msjority and minority
reports of the select committee of the
Ohio House of Representatives. The
only constitutional warrant for the
investigation in a case like that pre-
seniet is in the clause making each
House of Congress a judge of the quail
fication OF its own membe. s, and the
clause conferring the right of expulsion.
The signers of the report did not find
that a case has been presented that
would effect Payne with such turpitude
as would tolerate his expulsion from the
Senate, nor that testimony is accessible
that touched the subject OF the personal
lnculpation of Payne. They therefore
turn their attention to the question of
the validity of his election to the Sen
ate. The report says that the evidence
/ in such a case must show that the fraud
which II is alleged was committed, en-
braced enough in the number of
voting electors TO lave changed
the result. The testimony presented by
the Ohio house of representatives shows
the number of members of the general
assembly that have been brought into
inculpstion and the weight OF evidence
is against them.
As 70 the four members Baker. Hunt,
Schultz and Zeigler, it is found by the
signers OF the report that the testimony
developed nothing OF an Inculpating
character: As to the members, Kahle
and Hull the report finds that they
were not diverted from the support OF
Pendleton 10 that OF Payne. OF the
two Senators and two representatives
named in the majority report of the
select committee mooney and Roache
of the House and White and Ramsey of
the Senate) the signers of the report
refer without any observation OF their
own 10 the majority and minority re-
ports of the Ohio committee. They
don't find that the select committee rec
commended any action by the Legislature
looking to any further investiga-
ton, and they express the opinion
that there was no evidence presented to
the United States Senate which pur-
ports TO prove that fraud, corruption or
bribery was employees in Payne's cleo :
ton affecting the vote. either in the
caucus or in the Legislature, whereby
the election was carried to effect his
election; nor IS there any evidence that
such proofs exists Therefore, the re-
port holds that the Senate would ilot
be warranted under the Constitution in
insstituting an investigation. The re
port points out that the State is not m
der restraint which binds the Senate in
such invest cations. and SAYS the State
should execute is laSS respecting tie
purity OF the Senatorial elections bv in
dictment and conviction OF : the
tribe givers and takers. In this
case the State has attempted
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