The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-28

visions of which this indictment was
found. prohibits the receipt of COM
pensation by a senator of the United
States (among other officers) for SER
vice rendered before a department in
: a matter or thing in which the United
States is directly or indirectly in
! terested.'
| The court declares the law to be-,
THAT the United States within the
true meaning of section 1882 was in
terested both directly and Indirectly, in
/ the determination OF the question, II
such question was pending before the
department, whether the Rialto Grain
and Securities company. was so violat-
ing the law as to require the postmas-
ter general in the performance of his
duty, under the law, to stop its use of
the mails.
The United States owed the duty to
all of it's citizens to see to it that the
Ilaw was faithfully enforced, and it
| was interested in the highest legal sense
of the term, within the true meaning
of the act of section 1882, both directly
and indirectly, in the question whether
the law was so being violated by the
RiaItO Grain and Securities company,
as to authorize or require its executive
| officer the postmaster general, to ex-
ercise the power conferred upon him
and perform the duty imposed upon
him by the law.
BEFORE THE DEPARTMENT.
sIn determining whether the matter
or thing charged in the several counts
| of the indictment was so before the
department, or pending before the de-
partment,' as charged in the indict-
ment the court charges you that the
| inquiry by the postofflce departm ent
as to whether the Rialto Grain and
| Securities company was violating The
/ postal laws, need not have been the
result of a formal proceeding, suit or
! charge, after notice to the company, as
| is usual in proceedings in the cour Is
| of law, but that the matter was be
4 fore the department. or pending be-
| fore the department. within the mean
| ing of the law, If the postmaster gen
eral had had the matter called to his
attention, whether by written com
munication or otherwise, and had set
on foot, and was then and thereafter
conducting an investigation in the US
ual way prescribed by the rules and
regulation of the department which
have been read to you for the purpose
! of satisfying himself whether he
should exercise the power conferred
upon him by the law with regard 10
the matter.
with these general observations, let
us come to consideration of the par
tieular charges contained in the first,
second and third counts of the indict-
mentz
THEN FIND HIM GUILTY"
IF you find from the evidence before
you that the accused was, on or about
| the 18th day of March, 1908, a senator
4 of the United States, duly qualified
and acting as such, and at that time,
while he was so a senator, there was
pending before the postoffice depart
ment of the United States an inquiry
as to whether the Rialto Grain ond
Securities company was so violating
the postal laws as set forth in these
three counts with a view and to the
end of enabling the postmaster general
to determine whether he should IN
struct the postmaster at st. Louis TO
,-aft1 la1s Of a,1I 70 fT.o I11 RI
Grain and Securities company. and
stamp its mail fraudulent and return
| the same as stated in these counts,
and if while such matter was so pend
ing before the department the accused,
knowing that such matter was so
pending, accepted and received at st.
Louis, Mo, within this district, from
the Rialto Grain and Securities COM
pany or any of it's officers, acting for
and in behalf of said company, the
4 sum of $500, for services of the klnsi
set forth in the counts, as already
stated by me, heretofore, on any days
between November %, 1902, and March
&c, 1903, rendered by him for the conf
pany before the department, In the
matter of that inquiry, then it win be
your duty to find the defendant guilty
as charged in the first and second
counts of the Indictment, otherwise to
find him not guilty on these counts.
THE sixth count of the indictment
relates to q transaction different from
that involved in the first three counts.
THE seventh. eighth and ninth
counts of the Indictment are similar
in all respects to the sixth count, with
the exception that in the seventh count
the accused is charged with having re-
ceived a check and the proceeds there
of, dated December Is, 1902. And in
the eighth count with having received
| a check and the proceeds thereof, dated
January %. 1903. And in the ninth
count with having received a check
and the proceeds thereof, dated Janu-
airy %. 1908.
THE issues with respect to these
counts are the same as the issue made
by the sixth count with respect to the
check therein involved and the facts
to be found by you in determining your
verdict on these counts are the same as
already stated in discussing the sixth
count, except only as to the dates when
the compensation is alleged to have
been received by the accused, and the
principles of law governing your action
ION these counts as already announced
in discussing the sixth count are APP
plicable here. and do not require fur
Their statement. You will have the in
dictment before you in your retirement
and you will be able to distinguish be-
tween these counts
LAS you have observed during the
progress of the trial that one of the
sharp issues of fact for you to de-
termine in reaching a verdict on the
several counts is: Whether the serv-
ices rendered by the accused for which
he received compensation from the
Rialto Grain and Securities company
were rendered to that company before
the postoff1ce department or whether
they were general professional services
rendered that company, by way of adj
vic, counsel or otherwise in other mat
tiers not before the postofffce depart
ment.
Notwithstanding the fact that the
accused was senator of the United
/ Nk1<A - -s<~1-A &c.
this case is concerned, to practice his
: profession in any and all of its phases,
and to receive compensation therefor
In any way and manner, and on any
terms as to compensation Or otherwise
deemed by him best, expet that he could
not receive compensation for services
rendered before the postoffice department
, in any matter pending therein in which
: | the United States was interested as