New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-01
BURTON CASE A PROBLEM.
Craze Questions Of Lazc for the
Senate to Consider.
CFRoM THE TRIBUNE BUREAU

Washington. March 31.-The case Of Joseph
Ralph Burton, senior Senator from Kansas is
presenting a grave problem to the leaders OF the
Senate. The fact that Burton has been convict
ed OF a crime. which renders him ineligible for
any Office Of honor. trust profit under the
United States and which involves his honor
Senator would naturally lead the Senate to
consider his case promptly and expeI him from
membership. As told in these dispatches of
March Is the statute Burton is convicted OF
having violated is not regarded by leading Sena-
tors working automatically to vacate his seat.
In their opinion he be deprived Of his seat
only by vote of two-thirds Of the Senate. 1t
is held, also, that the Senate must satisfy itself
Of his guilt by examination Of the testimony
taken in the trial at st. Louis. The course to be
followed would involve instructions to the Com
rlittee on Privileges and Elections to secure
transcript Of that testimony and make a report
10 the Senate, based the evidence, after which
the matter would be put to vote OF the whole
body
There is no question that Burton by his con-
du- by his testimony. in which he alleged that
ne had only followed the example of older and
more experienced Senator'S and attempted to
iInpugn the honor Of more Of his COL
leagues, has forfeited every vestigs OF respect
which they may have retained for him. and
there is little doubt that two-thirds Of the Sem
ate. other things being equal. would vote to
expel him. There is, however, another con-
sideration which leads the more conservative
members Of the Senate to pause in what would
De their natural course OF action. Unless the
press reports from ST. Louis seriously erred, a
portion OF the charge Of the trial judge would
In their opinion, entitle Burton to the retral
Tor which he has already filed appeal. II
such retrial were granted, the fact that the SEN
ate had examined the evidence and. on the
showing made. had determined to expel the once
convicted Senator. would almost inevitably have
rs effect on any jury before which the case
might be presented.
Again, It Is argued that the Judge and jury.
which, in the event OF retrial. would have
an opportunity Of observing the witnesses and
Burton himself the stand. and could thus
Judge more accurately what Importance to at
tach TO the testimony Of each than could a COM
mittee Of the Senate. would necessarily be the
proper tribunal primarily to decide the case and
this argument has great weight with those
members OF the Senate who have had legal ex-
pertence.
on the other hand. II is impossible TO tell how
long the slow process OF the law will take to
determine Burton's guilt innocence finally,
and In the mean time members of the Senate
are placed in embarrassing positions by the con-
v1cted Senator, who appears 10 have little sense
OF the proprieties and no delicacy about asking
favors. OF the men whose honor he has
impugned. All admit that the situation calls
for Burton's resignation. but there is grave
doubt II he will appreciate that fact. and in the
mean time the Senate finds itself embarrassed
with a problem OF exceeding gravity.