The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-17

BURTON To Be TRIED
Judge Adams OyerruleS the
Senator's Demurrer.
DATE SET Is MARCH y
Senator and His Counsel Were
Present at the Ruling

ST. Louis, Feb 16.-Judge Adams, in
the United States district court today
overruled the demurrer of United States
Senator Joseph R Burton of Kansas,
to the Indictment charging him with ac-
cepting money for using mis- influence in
preventing the issuance of a fraud order
against the Rialto Grain and Securities
company.
The trial of the senator was set for
March - A panel OF sixty jurors has
been ordered for that date. In reading his
decision Judge Adams consumed % min
utes giving each point raised by the de-
PENDANT careful analysis. Both Senator
Burton and Major Hugh Dennis, presi-
dent of the Rialjo Grain and Securities
company, were in court.
The indictment grew out of the troubles
of the Rialto Grain and Securities COM
pany when that concern ran four of the
United States postoffice department and
further use Of the mails was denied it.
It is charged that for so per month,
Senator Burton was to use his influence
to have the embargo removed.
In filing the demurrer to the Indictment
the defendant contended that the post
master did not have the authority to
forbid the Rialto Grain company the use
of the mails or to issue a fraud order.
Also that there was no substantial charge
Of fraud at the time. Both of these ques-
tons were dismissed by Judge Adams
with the remark that he was noti IMPRESS
ed with them. Theq uestion as to whether
the United States was interested in the
case called for more extended opinion
but Judge Adams held that it was in
terested. He then ordered the case to
be tried March o.
Judge Adams decision was, in part as
follows:
In my opinion, the government Of the
United States is interested in matters Of
inquiry and investigation pending be-
fore its executive departments, looking
toward the enforcement of its law in a
higher measure Oh legal litigation as an
ordinary agent is bound by a contract
between himself and his principal, TO per-
form his duties
No one would question for a moment
that such an agent would be interested,
even in a pecuniary sense in the per-
Torrance of his duty. On failure to do
it. legal liability might accrue against
him.
Il regret thatc ounsel have not been
able to call my attention 10 any adju-
dication of any court on the direct ques-
tionu nder consideration. So far as l
know the particular feature of section
of l1o- now under consideration has never
been adjudicated by any court of
United States. n the absence OF the aid
of any prior adjudication. I have now
given the statute in question such in
depreciation as its language proposes and
laws upon the executive department of
the United States seems to me to re-
1T follows, that in my opinion, the
United States can be and is interested, as
charged in the indictments. in the mat
ter alleged to have been pending before
the postoffice department l think the
same conclusion would follow if heed
should be given to the ordinary and ma
tural meaning o. the word Interested
Its primary meaning is to be concern
ed in a cause or its consequences. and
this meaning is the one which ordinarily
should be given to legislative enactments
The demurrer is overrued."