The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-01-13
A SENATOR DIsGRAeED.
How MIR. Dietrich, of Nebraska,
Dodged a Shameful Charge.

Omaha, Neb.. Jan. S.-The trial of
Senator Charles H. Dietrich for alleg-
ed bribery, in connection with the
appointment of postmaster at Hast
ings, Neb., came to an abrapt end to-
day, when the United States Circuit
Court, Judge Vandeventer presiding,
decided that Dietrich was not Sena-
tor at the time the alleged acts oc-
Cured. The opinion was lengthy one
and is said to be a precedent. Upon
this decision, District Attorney Sum-
mers entered nole in other cases
against the Senator, with the, state
ment that the construction placed on
the law by the Court precluded further
proceedings against Senator Dietrich
or Postmaster Fisher, both of whom
were discharged.
District Attorney Summers stated to
the Court that the Government had
not within his knowledge ever placed a
man on trial on what might be termed
a technical violation of the law. He
said that under the construction upon
Section 1,781 Dietrich had enjoyed the
lease, but short time after be had
become United States Senator, that
is after taking the oath. He said that
although he had received rentals from
April "a to December 2, under the
Courts construction of the section
there had been no violation of the
law. The property was decided to
Senator Dietrich's daughter shortly
after December 2. 1901. 81 would
not" said the district attorney, task
jury to return a verdict of guilty
against man under any circumstances
unless believe such a verdict to be
in the interest of justice.''
The Court, therefore, on motion of
the district attorney. entered a nolle
to the indictment, which cleared the
docket Of the cases against Dietrich
and Fisher.
In lis opinion Judge Vandeventer
said: ''The two houses of Congress,
under the Constitution, are the only
judges of who shall sit as members Of
their respective bodies. The district
attorney has admitted that there was
no session of Congress from %, the
date OF the election by thelLegislature,
of Dietrich, and December g. the date
of the convening of Congress. Until
the latter date there could be no ques-
tion raised as to his actual member
ship in the Senate, nor could be
qualify before that body until that
time. Until then it was not known
whether he would be permitted to en-
ter upon his duties as United States
Senator and as the representative Of
the people of Nebraska before that
body.''
The opinion then defines the mean
ing of members elect, ex-members and
members of Congress and closes:
"Our opinion, therefore, is that this
defendant was not a United States
Senator at the time of the acts charg-
ed in this Indictment, within the in
hibition IF this statute. The jury is
instructed to find verdict of not
guilty.
Immediately after the verdict was
ordered for defendant, District At
torney Summers announced that he
wished to enter nolle in the case Of
Jacob Fisher, postmaster at Hastings,
explaining his motion by saying:
If Charles H. Dietrich was not
member of Congress until after De-
cember 2, 1901, and the Court held
that he was not, then, Jacob Fisher
cannot be put upon trial for or on ac-
count of agreeing to pay or paying
certain sums of money to him or per-
forming contracts for him during the
months from July to October, 1901,
under contract made with him as
member of Congress, whereby Jacob
Fisher was to be appointed postmas-
ter
The Court made the order.