Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-07-17
THE PAYNE CONTROVERSY.
Three More Reports From the Com.
mittee on Privileges and Elec.
tiOns Of the Senate.
A Minority Recommend that the Case
be Investigated to Please
the Editors.
The House DeyOtes an Entire Session
to the Consideration Of
Labor Bills.

WASHINGTON. July 15.-Three reports
from the Senate Committee on Privileges
and Eleetiois upon the Payne case was
submitted to the Senate to-day. One re-
port was signed by Senators Pugh, Saulis-
bury, Vance and Eustis. The Democratic
members OF the committee set forth at
length the public history OF the case and
soy they recognize the transcendent i'm.
portance OF throwing around the Senate of
the United States the highest safeguards
against persons whose titles was procured
by bribery, fraud and corruption, and de-
scribes processes by which the signers
reach the conclusion that there is no
ground for further proceedings against Mr..
Payne. The report says, the committees
first act was to comply fully with the fist
request OF the Ohio House of Representa-
tives TO make an examination of the testi-
moDy taken by the Select Committee at
Columbus. Upon this testimony, Mr.. Hoar
made report that after careful reading
no evidence, opinion or statement what
ever was found personally concern
ing Mr.. Payne i'll any way with the corrupt
use OF money in connection with his election,
neither do such examinations show that
enough had been found to justify the charge
that the election was procured by the cor
rupt use of money. About this time sup
Elemental resolution OF the two Houses of
the Ohio Legislature, and of the Republican
State Central Committee made their ap-
pearance and soon after congressman Lit
| tie and Butterworth were heard at length.
The signers Of the report declare that no
new evidence not contained in the original
matter was brought to their attention
which any court would not hold to be cum,l-
lative and insufficient by itself or in con-
nection with the original to justify re-
port for the trial by the Senate OF Mr..
| Payne's right to his seat. They concluded
that II. B. Payne not having been charged
with having anything to do personally, or
with having any knowledge OF, or connec-
ton with any other party in any act, or
anything that may have been or was
charged as having been done that was wrong,
criminal or reprehensiblei in his election, that
no member Of the Committee and no wit
ness, representative or other person has
| expressed the opinion or intimated any
| belief or suspicion that Mr.. Payne is, or
| was connected in the remotest degree by
act or knowledge with anything that was,
or may have been wrong or criminal in his
election in the whole case as presented to
them; recommended that the Senate make
no further investigation OF the charges
| against Mr.. Payne. The report asks that
the Committee be discharged from further
consideration OF the subject and that it be
indefinitely postponed.
Senators Teller, Evarts and Logan unite
in a report, in which, after reciting the cir
cumstances surrounding the Senatorial
| election in Ohio in 1884, say
no action was taken by the State Legisla-
ture which elected Senator Payne calling in
question the validity OF his election, but
that Il new Legislature, constituted in
January OF the present year. had adopted
resolution under which the investigation
Senate Committee had found it proper to
accept the presentation of the case as set
out in the majority and minority reports
! of the Senate Committee of Ohio and the
House OF Representatives,. The only con-
stitutional warrant for the investigation in
case like that presented is the clause
making each House of Congress the judge of
the qualifications of its own members and
the clause comforting the right OF expulsion.
The signers of the report do not find that
case has been presented that would effect
Mr.. Payne with such turpitude as would
tolerate his expulsion from the Senate nor
that testimony is accessible that touched
the subject OF personal inculpation OF Mr..
Payne. They therefore turn their atten-
tiun to tho validity of his election to the
Senate. The report holds that evidence in
such case must show that the fraud which
it is alleged was committed embraced
enough in number in the voting elections to
have changed the result. The signers say
that they do not find that the Select Com
mittee Of the Legislature recommended
any action by the Legislature looking to
any further investigation, and they ex-
press the opinion that there was no evi-
depce presented to the United States Sem |
ate which proposes to prove that fraud,
corruption or bribery was employed in
Mr.. Payncs election.
Therefore the report holds that the Sen
ate would not be warranted under the
Constitution in instituting the investiga.
ton. The report points out that the
State is not under the restraint which
binds the Senate in such investiga tions and
says that the State should execute it's
laws respecting the purity of Senatorial
elections by the indictment and convi:tion
OF bribe givers and takers. In this case
the State has attempted no further investi.
CATION than is embodied in the matter laid
before the Senate, either through the legis- |
lature or the courts OF law. If further
examination by the State would be made
the Senate would be governed in it's further
action by what might appear, but as the |
matter stands the report shows that an |
investigat tion should not be instituted by |
the Senate.
Senators Hoar and Frye in a separate
report state that they cannot concur 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 Sen |
ate, and say they think case is presented |
in which it is the duty OF the Senate to |
permit the petitioners to present their evi |
dence and to authorize the issue OF a |
proper process to aid in procuring the at |
tendance of witnesses. The Senate is the
only court which can have jurisdiction OF
the question The courts OF Ohio may
exercise Jurisdiction over the offense 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 declaration
that it is Indifferent to the question as to
whether it's seats are to be in the future
subjects OF bargain and sale and may be
presented by few miiliOnaires as a COM
plment to friends. The report concludes
with resolution directing the investiga-
tion of the charge and with recommended
tion that it be adopted.
All the reports were ordered printed in
one document and placed on the calendar
to be called up any time as privileged mat.
ter. Mr.. Wilson, of Iowa, offered q resolu-
ton that the inaugural address, the annual
messages, and such SPECIAL messages as
may be deemed Of generi public interest cf
the several Presidents of the United States
be arranged in chronological order and
printed as Senate document. Referred
to the Committee on Printing. Mr.. ALI
son submitted a conference report on the
legislative Appropriation bill, the Com
mittee agreeing upon all points OF dispute
between the two houses except as to the
following points: Clerks for Senators, not
Chairmen OF Committees: salary OF Assist
ant Treasurer at Baltimore; Appropria-
ton for three clerks for the Civil
Service Commission and relating to
the compensation OF Internal Revenue
agents, surveyors, etc. The SEN
ate still further insisted on it's disagree
ment with the House ON these points The
Senate then resumed the consideration OF
the River and Harbor appropriation bill.
The amendments adopted in the Commit
tee OF the Whole being the first to be dis
posed OF. The first point on which there
was a division was on an amendment
offered originally by Mr.. Ingalls, to the
items for the Mississippi River, providing
that the DOrtinn nj tho aDnrnnri n tinn for