The Birmingham age-herald., 1904-01-09
DIETRICH |S NOT NOW IN CUSTODY Jury Brings In a Verdict of
 Not Guilty NOT ACTUALLY A SENATOR At the Tlme of the Alleged Bribery He Had Not Taken the Oath of
 Office as Member of
 the Senate.
NOT ACTUALLY A SENATOR

Omaha, Neb,, January s,-Unitcl States Senator Charles II. Dietrich, who ap- pesred In court he-o two days ago to an- swer the charge of rcsins to receive, while member of the United States sen ate, consideration from one Fisher for aiding to. procure the appointment of postmaster was today released from cus- tody, the jury being instructed to bring in q verdict of rot guilty. The decision of Judge Vandewenter sustained de- murrer inte-posed by counsel for Sena- tor Dietrich
 The demurrer was made to the introduce tion of evidence on the ground that Diet rich wes not actually a member of the senate when the alleged bribery took place. The effect of the decision is that a man Is not an actual member of con gress from the time of his election until he shall have taken the oath at the bar of the house to which he Is elected, and that he Is not amenable to the law as a mem- Der of congress and officer of the United States.
 Judge Vandewenter said that the court was unable to find single instance nor had counsel cited any instance. where a member of congress, after his election and prior to his qualification had en- joyed greater privileges than any other person by means of their election, al- though they often enjoyed much greater influence.
 No Crime Under the Law.
 Continuing he said: Finder the law therefore there is no crime, except where congress has so declared. The court does not make the law, or say what 1t should like 1t to have been. Congress makes f1. I.... 1t. Here congress has said that members of that body, who take bribes shall be punished. It might perhaps be competent for congress to enact a law which would make 1t a penal offense for any person to attempt to secure for another office under the United States government but such a suggestion is not included in this statute. Instead of saying every person, it is confined to members of congress, of- ficers and agents of the United States.
 ''The two houses of congress. under the constitution. are the only judges of whom shall sit as members of their respective bodies"
 nolle was then entered in the case of Jacob Fisher postmaster at Hastings, by the state.
 Counsel Makes Statement.
 On account of a statement made to the press some time ago on behalf of Senator Dietrich, to the effect that he did not wish to take advantage of any technical ity. and wished the case tried on its merit, in order that he might be fully vindicated, General Cowin today gave out statement or his reasons for demurring to the in- dictments.
 In elect 1t is that owing to the fact that the count itself would insist on an ad- Judicatic of the question, whether or not Dietrich was United States senator during the period of time covered by the alleged Unlawful acts he decided the de- murrer should be interposed before the taking Of testimony should begin. Gen eral CoSgin explained that otherwise the court at the close of the case for the prosecution would have raised the point in quesf on, which would have precluded the defense presenting any evidence in 
 Distrlcf Attorney Summers said he had nothing to say In reply to General Cowin's statement as the court has settled the case. IT Senator Dietrich wished to secure a vlndlc'ation through trial of the case on It's merits, he had an opportunity to do so by not raising the technical point of whether he was a member of congress rom the time of his election to his taking the oat', of office.