The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-07-16
THE sECOND:REpORr
Containing tho viows of Senators Tcllc
Logan aud Evnrts.

Containing tho Viows Of Senators Teller,
Logan and Evarts.
Senators Teller, Eyarts anu Logan unite
in report in which, after reciting tho
circumstances surrounding tho Senatorial
election in Ohio in 1881, it ls said that no
action was taken by the State Legislature
which elected Senator Payne, calling in
question the validity oI his election, bu.
that tho new Legislature constituted in
January Of the present year had adopted
the resolution under which the investiga-
tion OF Donavan's charges had been made.
The Senate Committee had found 1t proper
to accept tho presentation Of the case set
out in the majority and minority reports
OF the Select Committee Of the Ohio House
OF Representatives.
The only Constitutional warrant for an
investigation in case like that presented
ia iu tho CLAUSE making each House oil
Congress tue judge Of the qualifications Of
its own members, and the came clause con-
ferriug the right OF expulsion. Tho sign.
ers Of the report do not find that case
has been presented that would effect Mr..
Psyne with such turpitude es would tol.
crate his expulsion from tho Senate, nor
that testimony Is accessible that touches
the subject Of the personal inCulpation oil
Mr.. Payne. They therefore turn their at:
tention to the question Of the validity OF
his election To the Senate. The report
holds that the evidence In such case must
show that the fraud which II alleged was
committed embraced enough in number
OF the voting electors 10 have changed the
result. The testimony presented by the
Ohio House OF Representatives shows tho
members OF the General Assembly that
have been brought into inCulpation, and
tho weight oil evidence against them.
AZ 10 tbs four members, Baker, Hunt,
Schultz and Heigler, 1t is found by tho
sIVuerg OF tho report that the testimony
developed nothing Of an inculpAting char.
acter. AS to the two members, Kahle and
Hull, the report finds that they were not
diverted from the support ot Mr.. Pendle.
ton to that oi Mr.. Payne. Ot the two
Senators aud two Representatives named
in tho majority report Of the Select Com.
mitteO (Measrs. Mooney and Roche OF the
House, and White and Rammey, Of the
Ssnate,) tho signers Of the report refer
without observation OF their own, to the
msIoriLy and minority reports Of the Ohio
Committee. They do not find that the
Select Committee recommended any act.
Ion by the Legislature looking TO any
further investigation and they express the
opinion that there was no evidence pre-.
ssnted to tho United States Senate which
purports 10 prove that fraud, corruption
or bribery was employed In Mr.. Payne's
election, affecting the votes, either In
caucus or In the Legislature whereby the
election was carried, 10 effect his election,
nor ls there evidences that any such proof
exists.
Therefore the report holds that tho San.
ato would not be warranted under the
Constitution In institutlng an inyestiga'
ton. The report points out that the State
is not under the restrictions which bind
tho Senate In such investigations, aud
says the State should execute It's laws re.
specting the purity Of Senatorial elec:
ions By tho indictment and conviction Of
Tie bribe.givers aud takers. In this case
the State has attempted no further inveB'
tiRation than ls embodied In the matter
laid before the Senate, either through the
LsRislature or courts Of law. II further
examination by the State should be made,
the Senate would be governed In is ilr.
ther action by what might appear. But
40 the matter stands, the report holds that
an investigation should not 10 Instituted
by the Senate.