The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-16

The Reasons that lmpel These Gentlemen 20
Request Investigation.
To the Western Associated Press
WASHINGTON. July l5.-In the Senate three
reports were presented in the Payne case The
report signed by Senators Hoar and Frye is as
follows: ss
1.-The undersigned cannot concur with the re-
port of the majority. The Senate and House Of
Representatives of the State OF Ohio and the
Republican committee representing the political
party which, for much the larger portion Of the
last thirty years, has contained = majority of
the voters OF that State, have each addressed
memorial to the Senate, charging that the cleo
tion of the sitting member was procured by cor
ruption and praying the Senate to cause an in
vestgaton into said charges. Two gentlemen
OF high character and position, Messrs. Little
ana Butterworth both now members Of the
House delegation from the State of Ohio, tho
former lately Attorney general of that State. ap-
peared before the committee. declared their per-
sonal belief in the truth of the charge. asserted
that in their opinion, the belief IS entertained
by a large majority of tho people of Ohio
of both political parties, and asked to
be permitted to lay before tho committee
evidence to support it. Besides NEcssrs-
Little and Butterworth, eight of the
Ohio delegation in the House add their earnest
request to the same effect, affirm that the inves-
tigation is asked by large majority in number
and influence of the press of the State, say
that additional testimony is in the possession OF
Messrs. Little and Butterworth, and express
their belief that If opportunity is Offered the
charges of the Ohio Senate will be sustained by
testimony to your full satisfaction Before the
memorials above referred to were presented,
there had been presented to the Senate for its
information, the evidence taken by committee
of the House of Representatives of Ohio, who
were directed to investigate charges of cor
ruption in said election, against four MEM
bers of the present House of Repre-
sentatives of Ohio. and the conclusions
of the committee upon said evidence.
Mcssrs. Little and Butterworth algo produced
certain afidavits and letters stating confessions
of persons implicated and pointing to other
sources where evidence would probably he OBJ
tanned if lawful authority should be given by the
Senate to procure it. We think this presents
case where it is the duty of the Senate to permit
the petitioners tc present their evidence and 10
authorize the issue of proper process to aid them
in procuring the attendance of witnesses.
''The Constitution declares that each house
shall be the judge OF the elections, returns and
qualifications of its own members. The Senate
is the only court which has, or under the Com
siitution possibly have, jurisdiction of this
question:. There can be trial, inquiry or adj
Indication anywhere else TO which this inquiry
is not totally foreign and immaterial The
courts in Ohio may exercise jurisdiction OK
the offeDse of bribery of or by an individual,
but the question whether the result Ut
an election of Senator was thereby changed
can never DO before those courts. Either House
or the Legislature may inquire as 10 the pefS0nal
turpitude Of its own members, but the action
which may result from such investigation must
be precisely the same, whether other persons
we're or were not corrupted. and whether tho
choice of Senators were were not affected. AS
the Senate is the only court that can properly
try this question. so the charge is made, If not
in the only way it can be made. yet certainly in
a way in which it can be made with most au-
thoritv The Legislature of Ohio is the repre-
sentative of the dignity, interest and honor OF
the State. 1t appoints the Senators of the
United States, and if a vacancy In the Office ex-
ist il must fill it. 1t is supported in this charge
by the committee, who are under political cns-
toms. the organ Of more than half the voters or
the State concerned.
For the Senate 10 refuse to listen to this
complaint, so made, would, it seems to u.s. be.
and be everywhere taken to be, declaration
that 1t Is indifferent to the question whether its
seats are to be. in the future. the subjects OF
bargain and sale. or may be presented by rev
mlionaires. No more fatal blow can be struck
at the Senate, or at the purity and parmanence
nf republican government itself, than the estao-
lish nent OF this precedent But the case does
not rest alone upon the charge and the character
OF tho parties who make it, and who ask to be
permitted to produce evidence in its support. II
1t did, it, in our Judgment would be enough. IL
is surely strange answer to be given by court
to o suitor to say that it has already considered
the question and decided the before il is pro-
sentod. But the petitioners adduce strcng
reasons To show probable cause that they
can establish their case. The testimony