Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-01-08

IL brought provides that every mom'
Der ~ Congress. officer or agent of the
government who commits certain acts
shall be guilty NJ a misdemeauor ana
provides for certain punishment. The
other paragraph provides that every
member Of Congress. officer or agent Of
the government after his election etc,
shall be liable 10 the penalty provided
for the commission Of such acts"
WHAT Is a MEMBER OF CON
GRESS,
The opinion then defines the differ
ence OF meaning between the two para
graphs, and is 90 the effect that a man
elected 10 Congress does not actually
become member Of that body until
he has qualified and taken the oath at
the bar OF the house to which he has
been elected. Judge Nandcventer said
that the court was unable to ind sin
gle instance, nor had counsel cited any
instance where a member OF Congress
after his election and prior to his quail
ifcation before and the administering
OF the oath by that body had enjoyed
greater privileges than any other per-
son, by means OF their election, al
though they often enjoyed much great
or influence.
The last paragraph, said the court,
refers to acts which may be committed
by members Of Congress. after their
qualification for acceptance OF the
duties of their office,
CONGRESS DECLARES CRIME.
Continuing. he said: Under the law
therefore there is no crime except
whore Congress so declared. This court
does not make this law or say what
II should like to have II to be. Con-
gress makes the law and the court
CONSTITUTES IT, Here Congress has said
that members OF that body who take
brlbes shall be punished II might,
perhaps, be competent for Congress tC
enact a law which would make II q
penal ofense for any person to attempt
TO secure for another an office under
the United States government but such
suggestion is not included In this
statute.
Instead OF saying every person, II is
confined to members OF Congress, OIL
GERS and agents OF the United states
The two houses OF Congress under the
Constitution are the only Judges OF
who shall sit as members of their re-
spectye bodies, The district attorney
has admitted that there was no session
OF Congress from March 2S, the date
OF the election OF Senator Dietrich
and Dec. 2, the date OF the converting
of Congress. Until the latter date there
could be no question raised as 10 his
actual membership In the senate nor
could he qualify before that body until
that time. Until then IL was not
known whether he would be permitted
10 enter upon his duties az n United
states senator and as representative
OF the people of Nebraska In that
body"
MEMBERS. ELECT
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 az the time Of the acts charged
IN this indictment, within the inhibi-
ton OF this statute The jury IL in
structed to find a verdict Of not guilty"
AtvrE,p THIN vrpnICT
'''
Immediately after the verdict was
ordered for defendant, DiSt-Atty
Summers announced that he wished to
enter n nolle in the case OF Jacob Fish
er, postmaster at Hastings, explaining
his motion by saying:
III Charles II, DIETRICH was not a
men Der OF Congress until after Dec
2, 1901. and the court has held that he
was not. then Jacob Fisher cannot be
put upon trial for or on account OF
agreeing to pay or paying certain sums
OF money 10 him or performing con-
tracts for him during the months from
July to October 1901, under contract
made with him az a member OF Con-
Rress whereby Jacob Fisher was TO be
appointed postmaster"
The court made the order and then
called ND the case against Senator
Dietrich in which he is charged with
holding and enjoying a lease with the