The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-29
NO SENTENCE YET
Another Notion in Burton Case
Filed Today.
This Is That Judgment Be
Suspended.
NOT APPEAL NOW.
IL Will Be Taken. After Motions
Are Disposed Of.
Conviction Is Chief Topic of Con-
versatiOn Today.

st. Louis, March 2s.-Sentence was
not passed today upon United States
Senator Burton, of Kansas, who was
Monday found guilty in the United
States district court of having iIlegal-
ly accepted payment from the Rialto
Grain and Securities company of St.
Louis for the use of his influence with
the postal department on behalf "
that company's interest.
Counsel for Senator Burton today
filed a motion in arrest of judgment
and there is now also before the court
a motion for a new trial filed imme-
diately after the verdict was rendered.
Judge Adams will first have to dispose
of these motions before sentence can
be passed
The defense is busily at work pre-
pairing a bill of exceptions and making
a complete record of the evidence in
troduced- 1t may take two or three
days before this is completed and the
bill of exceptions ready for filing, on
which to base an appeal to the United
States court of appeals, which is the
court of highest jurisdiction in this
case.
If sentence is finally passed upon
Senator Burton and his case is ap-
pealed, he viii be released on bond
pending the rehearing of the case by
the court Of appeals at St. Paul on
May 2
SENATOR TO ELECT.
No matter whether the senate waits
until the courts pass on Senator Bur-
toms appeal or decides that the verdict
of the federal jury at st. Louis war
rants it in declaring his seat vacant,
the indications are that the next legis-
lature will have to elect United States
senator to succeed Burton.
This depends, Of course, upon whether
a final judgment is rendered and the
senate acts before the legislature ad-
journs nearly a year hence. As there
VIII be no reason for pOstppning action
on the appeal it is quite likely that it
viii come up for argument befafE the
United States court of appeals at Den
yer in September, and a decision can be
reasonably looked for in October. Then,
aess q constitutional question can be
raised by his attorneys it is sysaid that
the decision of the court of appeals win
end the case inasmuch as the crime of
which he is charged is only a misde-
mCanO:.
II the case should go to the United
States supreme court, the next legisla-
ture probably will not get a chance to
~ elect Senator Burtons successor pro-
viding he holds on until the court of last
resort passes on his case. but other
wise the legislature which will be elect
ed next fall will probably have a sena-
tOrial fight on its hands
There will be three important forces
in that fight. The first will be the old
Burton machine, which will now no
doubt be headed by some one else
Burton will probably continue to be on
good terms with it's members-they
made him United States senator three
years ago knowing what kind of d.
man he was and is In fact, it has been
repeatedly asserted that one of the
strong influences in his election was
the debts which he had contracted-his
creditors wanted to put him in a posi-
tC -11xr he
became connected with the get-rich-
quick concerns, according to his own
testimony in his trial
MULVANE MAY GET IT.
Tt is the general opinion of the poll
ticians that D. W. Mulvane will be
the choice of what has been the Bur
ton machine for United States senator
to succeed Burton And it cannot be
denied that Mr.. Mulvane viii have
considerable strength behind him. 1t
is now acknowledge ged-what the State
Journal has contended for months
that the Burton machine was taking
advantage of the new boss buster
movement in Kansas politics to die
tate the nomination of state senators
whom it could control. That has been
done in a number of state senatorial
districts. State senators have been re-
nominated who were for Burton before
and who will be for the choice of the
Burton machine whenever a senatorial
election comes around.
and the element which worked with
the Burton faction for the overthrow
of Governor Bailey, but which is now
arrayed against the Burton crowd.
This element and the Burton faction
came to the parting of the ways on
the reorganization of the Republican
state committee recently. The Burton
crowd had determined to organize the
state committee by electing ]. r. Bur
row chairman and it would have done
It had not Mr Hoch and W. r. Stubbs
insisted that Burrow be defeated and
Stubbs elected chairman.
Mr.. Hoch will be probably governor
after the legislature meets. He will
have a strong influence if he chooses
to exert it in the election of a United
States senator. If there should not be
a vacancy in time to be filled by the
legislature Mr.. Hoch will probably
have to fill it later by appointment
and the politicians are guessing that
w. r. Stubbs would be Hoch's choice
That is by no means certain, however
HOch might choose Joseph L. BriStoW
Bristow and Hoch have always beer
good friends, and Mr.. HOch'S son is now
Bristow's secretary.
The third influence which would en-
ter into senatorial fight in the legis-
1ature next winter would be the choice
OF Governor Bailey and his friends. Il
the vacancy comes soon enough Gov
ernor Bailey will appoint senator
but the appointment will hold gOOC
only until the legislature meets II
some ways an appointment by Gov
ernor Bailey might give a candidate
considerable prestige, but if, on the
other hand a legislature should be
elected in direct opposition to Bailey
and his friends, an appointment might
act as it did in the case of Justice At
kinson in the state convention.
The old Burton machine is already
planning the nomination and election OF
members of the next legislature Here
tofore II has devoted most of its
efforts to the senate on the suope~itin-