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

controversy. charge, accusation, arrest,
or other matter or thing in which the
United States is a party, or in which
the United States is directly or indi-
rectly interested. The reason of this
prohibition is: To promote integrity
and efficiency in the discharge of Off
cial duties, and to maintain proper dis
cipline in the public service.
ITO permit u senator of the United
States whose influence, by reason of
the high position he holds. is naturally
persuasive and weighty with executive
officers, to take conversation from
persons for service rendered such per-
sons before an executive department
would it was thought, create duty
in favor of such persons arising FROM
the implied obligation of fidelity to
the client, from whom he should ac-
cept a fee, inconsistent with those re-
lations of ready confidence served.
which ought to exist between the leg
islative and executive departments Of
the government in the promotion of
the public veal, and in the enforce
ment of the laws of the land.
LAS you are doubtless aware, the
postoffice department is one of the
great executive subdivisions of the
government, established by congress
for the purpose Of aiding the president
of the United States in the discharge
of his executive duties in matters ie
lating to the postal service.
1T is charged that the accused, on
or about November %, 1902, at s..
Louis in this district accepted and re-
ceiVed a certain check of that date,
for the payment money in the sum of
$500; that the check was drawn by the
Rialto Grain and Securities company
upon the Commonwealth Trust COM
pany of st. Louis, payable to the Or
der of the accused, and by him in
dorSed. and afterwards paid to him a t
st. Louis, by the said Commonwealth
Trust company. for services of the
kind already called to your attention,
heretofore rendered by the accused to
the Rialto Grain and Securities COM
pany, in matter then pending before
the postoffice department, in which the
United States was directly Interested.
THE RIALTO FRAUD.
This count then proceeds to set out
that the matter so pending before the
postofTfce department was whether the
Rialto Grain and Securities company
had so been violating the laws of the
United States as already explained,
that is to say: Whether it had so de-
vised a scheme to defraud, contemplate
ing the use of the mail service, and
actually making use of the mail serv-
ice in executing this scheme
to defraud in violation of the provisions
of section $3.50, to which 1 have already
REFERRED to- so as to require the post
master general in the exercise of the
power conferred upon him by law, to
direct the postmaster at st. Louis, Mo-,
and Securities company any mail, but
to return the same with the word.
Fraudulent stamped thereon, upon
any and all letters addressed to the
RialtO Grain and Securities company.
and sent through the mails to that
company at ST. Louis. Mo.
The elements of the offenses charged
in this count are the same as those
charged in the first and second counts.
If you find from the evidence by the
measure of proof which it shall pres
emily state, that the accused while a
senator of the United States on or
about November %, 1902, knowingly re-
ceived at St Louis Mo- the proceeds
of the check described in this count,
from the Commonwealth Trust conf
pany, as compensation for his services
heretofore rendered to the Rialto
Grain and Securities company, of the
kind and in the way and manner stated
in this court. before the postoffice de-
partment in the matter so alleged to
have been pending before the depart
ment, and known by him to have been
SO pending when he received the
money. then your verdict on this sixth
count must be guilty, otherwise not
guilty.
Judge Adams at considerable length
discussed the banking transaction by
which the money was paid to Senator
Burton on checks deposited by him in
the Riggs bank at Washington for col
lection He said this suggests an i'm
portant feature of the case, for the rea-
son that unless it be true that the ac-
by and paid on this check at st. Louis
this court would have no jurisdiction TO
try the case He then said:
THE constitution of the United States
conferS upon the accused in every GRIM
inal case the right to be tried by an i'm
partial jury of a state and district
wherein the crime shall have been COM
mitted.
The receipt of the money is the gist
OF the crime, charged against the ac-
cused, and if he did not receive it in this
district, in fact in st. Louis, where he
is charged to have received it, he is not
amenable to the law in this district, and
cannot be convicted in this court on this
sixth count.
A TECHNICALLY HERE.
IF from all these facts and all other
facts disclosed by the proof, you find
that the check in question was in fact
deposited by the accused, with the in
tent and knowledge on his part. as well
as on the part of the bank itself, that
it should be forwarded to St. Louis for
collection for account of the accused
the bank and its correspondents action
as agents for the accused to make such
collection, you should find that when the
same was actually paid to the last in
dorser on the check at ST. Louis, by the
trust company upon which it was
| Drawn, 1t was in contemplation of law
paid to the accused himself.
If, on the contrary YOU find from the
evidence that the accused and the Riggs
bank at the time of the deposit of the
check in question understood and in
tended that the bank should become
the purchaser of the check and be its
absolute owner, then the subsequent
forwarding of it to st. Louis for paw
ment was the act Of the bank itself. and
the final payment of the check by the
trust company at ST Louis was a paw
ment not to the accused, but to the
bank, and if such is the fact your YER
guilty.
FRAUD ORDER CASES.
Judge Adams defined the duties of
the postmaster general in fraud order
cases and continued:
It is thus seen that power is given
to the postmaster general to inVesti-
gate by any means within his power
Wnetner any person or company is
making fraudulent use of the mails, as
Just alluded to, and when he becomes