Show MCUNt IS fXONRATEOI I ON BRIBERY CHARGE I i FIve Members of Committee Submit Report Favorable Fa-vorable to Him I I 1 Two Members Both Cannonites Find Him Guilty On tIle I Law ChargeJoint Session Will Act Today 1 The report of the legislatures inve llgatin commtt on RepreseiitUive Albert A Laws charges of brIbery against A W McCune the leading candidate can-didate for United States senator from Utah and also into the varIous a3d sundry rumors of corrupt methods used to obtaIn support from other members f the legislature was suomltted yes t rday There were two reports in fact lUt this was in line with popular expectation I ex-pectation Consideration of the com mittccs findings wU be the specIal order or-der in the legislature this morning cvmmencing at 910 The findings of Senators Shurtliff and Hocll the minority of the committee Were unfavollble to the accused but that sucn would be the case bas been wldcly known from the time the com 11 Ittee on investigation was chosen The majorIty of the commIttee Son ntr Whitney and Representatles Mansfield Cuwmings Sorenzon and Stewart found the evJde1ce of the con IJplrators insutllcient to substantiate the charges of bribery and other corrupt PrDtIc to secure votes for Ills Mr lcunes election to thc senate They exonerated Mr McCune I The report of the committee was due I yesterday noon at the joint assembly but at that hour a communication from 1 the committee announced that it would I be impossible to submit the findings until un-til 4 oclock The Indulgence of the nsscomlJY fir a few more hours was re quescd and granted After taking the ballot 111 senator the assembly dls Eohed till 4 oclocl but It vas nearly r before the assembly reconvened The announcement of an unavoidable delay was a ken disappointment to the vas throng who edged their way Into the kgislatye han to hear the readIng of the committees finding However everybody returned to the hal at the aljoured hour Long before the ap plnted time every available foot of sat was occuped the committee rooms the cloak room and the corn dons were packed wIth men and women from every wlt of Hfe s the hour for reconvening the joint ass mbly came and wet by the crowds In he gallery became a trifle impa tent but Joug about ten minutes to I dt shlt senate filed into the repre tntU ball One rp or President Ntbktrs gavel restored order and I ftn then on every person held on I bate breath to henrthe momentous jrcer II g that were to follow I The doors were thrown open and the ventilation I 110 s raised for better yentHaton and then the roll was called r With this preliminary aide Prod de lt Xebflter asled 15 the committee on nvcstigatioii ready to report The committee is read answered Chairman Shurlf There are two reports a majority and a minority he continued but owing to the shortness of tlue the tewriten opies of the lInuris twa findings for the member of I not yet arepared j thc sslmbly nc urepaed ading erect Senator Whitney fid II eI rt Is the lajeriy report and a m ssener bore it to the re8ident who I IJnd j it to Chief Clerk Cohen I In dear and distinct tones the clerIc I pro dcd to read the findings of the maj lILY of the committee The vast I rQ tlrn gave breathless atenton to the I rEim of the doument Not a word I cf at pr Ial nor a demonstration of apI piau Ir greeted it The same obseui ousnss amI respectful attention nJrkld the reading of the minority report re-port TFE lLJORITY REPORT Folnwing is the text of the majority rlOrt A the President and Members of the 1 Legislature of Jnmt 5lmbI of the Legslature the Stat of tmh peCU1 committee appointed to our cmmitee apPointe nhlhile 1 sIlecla charge of bribery made Ly R lsntate Albert A Law a flemhL of this asSmbh against the Jemb senatorial candi iicn A W McCune a do b g heave to report that they have djsc heed that duty and herewith ShJfllt their findings rstdtitiOfl adopted by the assem bTy n roviuton the 18th or February isi authorized this committee to 01 iiize and select Its chaIrman and prccld guzt to investigntethe chare made by Rlpreentatiye Law and any and n c hrgeS made against any candIlate 1r t td States senator or aalnst and to legislature any r1 mber of this tht end tie committee was emDower ed tlt ubpoena witnesses and swear and exmme them and do all things feces ay to bp cone to cry out the Intent Za s Investigation 01 under this authorization Ac tIn g t11 authorIzaton immedlittely organized your mmitt immedtcy by ting as Its chairman Senator L W ShurtWI and as its secretary Rep ns tale Horac Cummings Mon xE s F b 20 1599 a S ocok a m < a t time set for the invest aton office djolnIn t 1 1 the place an ofee = chamber of the legislature HE srnHe chabm lcIslatre Tt e parties in the case of Law YS l1c Tl Cunc W1 duly notified and dIrect to xle i the committee on or before tat time the following papers towi A rlten tme statement by Representative Law of his charges against Mr Mc une ta COPY or which he was to furnish fur-nish to the later not later than 1 ocll noon of Feb 19 and a written anW by the said lIcCune to sad charges Both parties were notified to I appear before the committee at the time and place appointed with counsel coun-sel if they so desired preDared re I spetveb to prosecute and defend in the ater of saId charges I I The committee adopted as its rules of procedure those usually governing the conduct of trials in courts of justice jus-tice and a wIde and searching inquiry was made into aU charges materially affecting the mater that the committee commit-tee had been chosen to investigate Representatives of th press were permitted per-mitted to attend the essions of the I committee pad reDrt the uroceedins for their respective journals The services ser-vices of a competent stenographer were secured to take in full the evidence upon which the committee has based its findings lhe Investigation began at the time and place appointed and continued from dar to day until the afternoon of Thursday March 2 when the evidence being all in and the arguments con eluded the matter was submitted and taken under advisement Before the examination was closed an invitation was sent to each branch of the legislature legisla-ture requesting all members having knowledge or any conduct that was a proper subject for investigation by this committee to appear and report the same For days wc have labored almost Incessantly In-cessantly sifting and weighing the mass of testimony presented during the progress of the examination FINDINGS ON SIDE ISSUES In addition to the charges In the case of Law ys McCune the following matters were considered 1 Representatives Red Betts Taylor Tay-lor and Calster appeared before the committee by request and testified of matters which i upon investigation I proved to be of such a nature as to I have no direct hearing upon the issues under consideration 2 During the investigation the names of Senator Yhitney and Representative Rep-resentative Cummings were mentioned as beneficiaries of Improper Influence through certain business relations but the evidence presented clearly exonerates exoner-ates those gentlemen In the judgment or their felowcommitteemen from any such Imputation 3 Reference was also made to Senator aso ator Tanner and Reresenlte Lloyd as receiving questionable consider tons but the evidence does not justify such In inference 4 A contract between Senator Chambers ami IIr llcune was made I an mae the subject of a searching inquiry but I no evidence was elicited etablSing brIbery 3 the object or Intent of stUd contract I AS TO MR LAWSCARGES The nsideton or the case of Law vs McCnne was based upon the follow 5 IcCne bae I Law lag specifications by Representative Lw herby chare that on the 18th I day of Februar A D 1899 at the city and county of Sal Lake state of Utah A Y 1cCune n senatorial candidate can-didate before the Utah legislature com mlttetl the crime of bribery towi mite cme At the time and place aforesaid at about 1030 in the morning of sad dar the said A W l1cCune gave me the sum ol eight 80 dollars In legal I currency of the United States for the purpose of unlawfully Influencing my vote a a member of the state legislature legis-lature In hIs beaf and 1e and tee promised that between 3 and 4 oclock of the same day he would gIve me the further sum of fourteen hundred and twenty 120 dollars a a consideato for my veto for hIm for United States senator 1 charge that one R W Sloan on 0 about the ith day of February 1599 at Sat Lake City state of Utah acting for A W McCne tried to induce Sea ator William G Nebe1er to assist In the election of said 1cune for United States senator and then and there the said Sloan stated to hIm the saId W1 la G Nebeker tat money was be lag use therefore and that he wanted to see hIs Sloans friends get same of the same H I further specify on information and ballet that on or about the 10th day of February 1899 at the city and county coun-ty of Sat Lake state of Utah one E G IvInS who represented that he vas repeating the expressionof one Fisher HarrIs cmpaig manager for the said McCune stated to Representative C M Jackson tat he the sad Harris ha said to him the said Ivins that the Jackson vote must be obtained no matter what the expense and that the said Harris had told him to see the sid Jackson with the vIeT to getting his vote I further charge on information and belief that some time ihin the month last past Representative Farr while on the Oregon Short Line train between Logan and Sal Lake and at a time when he the said Farr was vet lag for the said McCune state to Rep reentatve Cook in substance that ho Farr would bet tat If he Cook would with the two Nebeker and one other man vote for lcune they could get 30000 or 3500 for so doing ACQUITTAL OF CUNE Under the forCIng specifications + 111 + + + + + + + + + + + + + + + + + + + tt t 4 + 4 I ftt V J J 4 4 4 I r5fNMTNEy iSESUTh I we submit the following findings I I In the mate of the chare of 1 bribery preferred by Reprctsentative Law against A W IcCune we find after the most careful consideration evidence that the care is not sustaIned by the 2 In the SloanNebeker case we find that the sid H W Sloan improperly improp-erly approached Senator W G Neb I cites for the purpose of securIng Neb I ekers support for Mr l1cCune but the evidence does not establish an attempt I ed brIber or other public olense I 3 In the IvinsJdckson case the evidence is not sufficient to justify the conclusion that any attempt vas made I to secure by Improper means 11 Jack sons otC Ve believe that Mr Jackson SM in this matte labored under an honest but mistaken impression 4 The evidence In the CookFr matter is s remote that we deem it irrcevet to any issue under consid oration eationTe Lapish eargea supplemental caseIs one in which the evIdence bearing bear-Ing upon the statement made Is not sufficient to warrant the finding of an attempted fence bribe or other public of In conclusion we record our em I phatc disapproval of the present method meth-od of conducting senatorial campaigns I particularly the practice by senatorial candidates of opening headquarters employing numerous assistants and entertaining en-tertaining by means of free dinners free theatres and other gratuitous dis pen tons persons whose yates arc de sired by the candidates at whose ex pease these things are provided I not only tends to evil but I works evil and in the interets of god govern meat pure elections and that higher poloicl morality which nil good cit sons desire to see attained the practice should be abolished Ve also condemn the circulation of unfounded rumor de gne to injure the prospects of sea aorial candidates All of which Is respectfully submitted 0 F WHITNEY S W STEWART 1 W MANSFIELD C W SORENSON HORACE CUMMINGS Commitee FINDINGS OF THE IG ORTY As soon as the reading o the major I report had been cnclut11 lrk Cohen proceeded to re1t1 the report and findings of the minority The locu ment was as follows To the Hon President arid 1ember or the Joint Assembly GentemenPuruant tz the joint resolution passed by your honorable body on Feb 18 1899 authorizIng your committee to InquIre into al charges of brIbery or oler of bribes wnlch + + + + + + + i + + f + + + + + + + + 4 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 4 4 + t + + + + Q t r i r + fj f v J f + J + 30 e t G f r h I fL A J I l + + y t t 1 L 1 fJ > 0 IDvcj + + + I 1 + 1 4 J IHE0ffTTFE6EC5 TIME TOO INtDI f POf7 + I HE HEflTfEE THE INDULCEtICE Hofr FOI ILI Zf I I + 1 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + it I might come before I we the undersigned cme signed a minority of the conniti beg leave to submit our repol ndJ findings The hearing was ccgxinenced Cfl Monday the 20th day of errIII 1899 and continued daily lSulray ox cepted until and incittdioz Thursday 1aclL 2 During tat time a large mass of evidence has b2e1 talcl upon I a number of charges wucn were jlT I mall flied and specified and we have I likewise talen testimony upon ether charges which were not specified fllr the purpose f ac lnlg is tiict ly as possible whether any mhconduc had been practiced upm tars part of either 11 McCune or any ot1 > r sells I tonal candidate or any member of thc legislature I Exhaustive argmens acre inaile by counsel for ths resjieetive partf I after which the maters CQlu before I the committee have ben as patiniiiy I and thoroughly investigated as 11 time and ability coull nrut Y I deeply reg1t that the report of the I committee could not he made un1i I mous upon all the prJjoltlons submitted ted to us here is however unU mlty of opinion upon savta mmters I covered by this repor Ve hal Jral with the several caea and lat l which came he fore U3 in the orE in which they hiereinater appear I LAW CSI We have consldere With meat ewe and much teHberct1o the CiLSO uf 1 1 bert A Lw against W Icn and from the testmonY illluuccl we are of the opinion by eiSeco i whlr to our mind is enirev sntiafastey that A V lcCun Hrl hv the use of mony attempt to secure the tote of I Albert A Law a member f ts ltnus I of repreeitaticvcs fqr him this rdA I rd-A W IcCunp for stlatr EBEKR AdiI I From the evIdence whiui ws nc received we are lkeIH or the oplrlon that R Wi loan acting for and on bEhalf Jf A W IcCme 1 or I tlcut th 7th day of February 1899 Improperly Improp-erly approached IV G Nebelcer a state senanl for the puce of Setml illS sad Nebekers SUP rt for W McCune lIcCuneLAPISH LAPISH CASE We find from the evidence intro ducerj respecting the charge made by Representative Lapish that whie the charge have not been fully corroborated corrobor-ated Mr Laplsh Is impressed wIth the honest belefthat D C Dunbar actng for A IF IcCune did attempt to In fuenco his vote by indicating to said Lapish who was securing a patent for a device to be attached to air brakes upon railway trains and who Is aIlcted wIth the infirmity or blindness blind-ness that if said lcCune wan elected United States senator he would assIst as-sIst the said Lapish in furtherllg or prosecuting his Invention and that If he wa not elected he could not do sO LLOYD EXONERATED I There was testimony developed In the case showIng that Representatve Lloyd while chairman of the Salt Lake county Democratic committee Incurred his aggregating about 500 and that early in the session or the legislature D C Dunbar as the repre sentatve of lIr McCune paid sad Lloyd that amount of money for the purpose of payIng all the his which had bee incurred by the said Lloyd a chairman But we regard the pay meat of such bills as a political contribution con-tribution merely and a not having been done for the purpose of improperly improper-ly securing the vote of 11 Lloyd for Mr Cuneo CuneEARlS EARlS XONERATED We likewise find from the test mony introduced that FIsherS Harris who is the manager of A W McCune did not intend by the use of the language used by him to Mr Ivins to improperly influence Representative Jackson by the use of money to vote for A W McCune and we therefore exonerate lIr Harris of any intentional or other wrongdoing in that respect We are likewise of he opinion that Representative Jackson labored under an honest but mistaken belief that Mr Harris intended improperly to offer a bcbe for his vote through said IvIns CONDEMNATIONS We condemn as undignified highly Improper and mischievous for any member of the Utah legislature upon mere gossip or rumor to spread reports re-ports or offers of money to members of the legislature for the purpose of influencing In-fluencing their votes HERALD CASE We further find from the evIdence Introtfced that on Oct 1 ISIS a certain cer-tain contract in writing was entered into between R C Chambers and A an W 1cCune or the following purport McCune agreed to pay Chambers all losses which mIght be incurred in publishing The Herald drng the months of October November and December De-cember illS and January and Feb ruary 1899 together with i9G art overdraft over-draft Incurred Oct 1 1898 the sad Chamber having the oPton on March 1 1899 to reimburse Mr McCune one half the losses so to be paid by hIm or to give sad iIcCune 495 shares of the capital stock of The Herald Pub lshing company We further find that the losses for the five months above referred to aggregated aPproximately i500 which added to the overdraft makes a total of 829G which was pad by cCune In pursuance of this con tract Ve further find that at the time the contract was entered into Mr Cha I Contnued on pago 3 5 MCUNE IS EXONERATED Continued from page 1 hers was a holdover state senator and that Mr McCune had prior to that time announced himself a candidate for United States senator While both 111 Chambers and Mr cCune In their testimony Insist that this contract was made without the slightest intention on the part of either by It to affect the s ntorla contest the lea that can be said of I Is that under the circumstances circum-stances it was Improper and Injudicious In the extreme CONCLUSIONS Upon the admissions of A W Mc Cane we find that Mr McCune has used money in entertaining members of thelebslaUve assembly Such a lavish expenditure of money should be condemned con-demned 11 unmeasured terms The freedom dom and safety of our republican institutions tutons depend upon the free and untrammeled un-trammeled vote of the citizen The safety and perpetuity of our municipal state and national govern meats depend upon the absolute freedom free-dom of the people unbiased and uninfluenced unin-fluenced by the use af money for the purchase hf intoxlcat or pleasure or entertainment and whenever a senao rlar candidate by the use of his money reacheout Into all palts of the state and brings to his aid large number of out citizens for the purpose of securing secur-Ing assistance and influencing the votes of members of the legislature the Idea of qualification and fitness for office becomes subordinated to the influence of wealth and the principles of the founders of our government a at once set at naught There should be freedom I of speech freedom of the press ad freedom upon the part of our public I servants to act with the bet lights which God has given them upon the important Im-portant them duties h which devolve upon i We fuly concur In the repogt or the committee respecting maters not herein here-in mentioned and which came before your committee In the course of their investigation After a patent and careful consideration consid-eration of nil the testimony Introduced and all the suggestions made upon the part of respective counsel we the minority mi-nority of your committee have faith fulyad honesty given you our views thus briefly expressed and submit the same for your consideration Respectfully Respect-fully submitted L W SHUTLIFF JOSEPH HOWELL SPECIAL ORDER THIS MORNING At the conclusion of the reading of the minority report Representative Shepard moved that the consideration of the majority and minority reports be made the special order for this morning I ing at 9 oclock For the reason that important committee com-mittee meetings ha been called In the senate for that hour Senator Smoot moved to advance the special order to 10 oelock but an amendment by Representative Rep-resentative Jackson t fix the rconven log Qf the assembly at 910 this morning Ing was carried by an almost unanimous unani-mous vote After the dissolution of the assembly assem-bly each member of the legislature was furnished copies of both reports |