The Montgomery advertiser., 1904-01-08
THE TRIAL ON AT OMAHx|
Attorney for Defense Tells II the hastings lranSactions
Point at Issue is Whether . Con- gressman Is Amena, ts Con-. ment sstween Iii ds 2
 tion and ouaiif. sa

Omaha, Neb.. Jan. 1.-The trial of Unit ed States Senator Dietrich in the Fed1laI Circuit Court on an indictment aIiekHs& bribery in connection with the appofnf- ment of postmaster at Hastings, Nehs, progressed rapidly today until point was reached where the first witness for the Government was placed on the ataIlsi. Then General CowiM, chief counsel Tor Senator Dietrich. interposed demurfee on the ground that Mir. Dietrich had not taken the oath and was not, therefore, n United States Senator when the alle2e1 bribery occurred.
 This question as acknowledged hy counsel for both sides to be new ono and each postponed argument
 The point is significant one and raEsos the question of whether a member of Congress is amenable to the United States Government as a member of Government between the time of his election and tho date of his qualification as a member 0g the house to which he is elected.
 Statement of Defense Attorney Beatty for the defense. in hiG opening statement to the jury, said ti1er1 was a great rivalry between oppesinM factions of property owners in the eifF of Hastings, each of whom was anxioua to secure for their particular part Of flie ! city the location of the postofliee. TAiN quarrel became so vigorous, said he that at the time the Government made lease for the relocation of the postofice V might have secured suitable piartefN free of charge. He said t had beccraa quite common for the factions to pay hF subscription part of the rental Qk zN& Government to secure the location is particular part of the town. TniN W4@ done to compensate the eWAef for 4'f* ferences between the amount aHHez HH him aa rental and the amount HH&141lT paid hy the 0oyernMep{
 When the poatofilce was Fen1pxf9 to thH plekrieh hpiiAlnx. hq eala. it Maa s'lEf kaafsd ffiat y554 nf ehe peisa4 fzF 8H8 isew si&tares nfs6 femoxai ha rai4 ts 1a1oh Eiaher NAH md <eu fals&H4 ST nnat ttnaMk&r ana fk As k lsRea q Afk0rnA4 BaHff# Eta&eA snAt tl* KslsE action by which the afisMal dA 4 6 alleged to have been paid in naeA f1E s1s apnointment was. the result of 4N IHzstfs mate business transaction in c1A1 sie.a wr.h the releasing of part of the butla7 ing which was later used as d rastasts rant.
 Cowan's Demurrer.
 It was after this statement to the jury and when the first, witness was called. that General Cowah interposed the df murrer He coutended that Mr. Dietrich could not be considered member pe Congress uRtil he had taken. the oath.
 
 were necessary, he argued to actually become Senator.
 District Attorney Summers, who had prepared an elaborate discussion of the point argued that Dietrich had. as successor to Senator Allen, who was apz pointed to succeed Senator Hayward. de ceased, actually become United States Senator without being sworn In by the President of the Senate.
 MT Summers said that Dietrich drew salary for the time which elapsed between his election in March and December 2. when he took the oath of office, but later. in his argument. he stated that this mon-' ey was not drawn until December 14, or several days after he had taken the of flee and his credentials had been approved by the Senate.
 During Mfr, Summerss argument, Judgo Van Devanter asked how the defendant could have been Senator when the body which alone has the right to declare him a Senator had not met. The case of Mr. Roberts of Utah, who never became a Congressman. notwithstanding the fact that the House did not deny him a seat until nearly year after he was elected, was also cited.