The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-01
q. s. Solicitor General Makes
Argument In Burton Case.
Holds That 1t Is an Ordinary
Criminal Case.
WAS FULLY INFORMED.
Says the Senator Knew What
He Was Doing.
Closely Questioned by Justice
White of the Court.

Washington, Dec. 1.-Solicitor General
Hoyt, of the department of justice,
made the opening argument in the case
| of United States Senator J. r. Burton
OF kansas in the supreme court of the
United States today. Mr.. Hoyt con-
tended that this was an ordinary crimi-
| nal case and that the questioning of the
jurisdiction of the court which tried
Mr. Burton could not be successfully
maintained. Replying to a question
from Justice White, Mr.. Hoyt said Mr..
Burton's name appeared on the Rialto
company's circulars, but at what time
he couldn't say. Justice White replied
| that as the department was investigat-
ing the case the time seemed very ma
teriaI.
Mr.. Hoyt argued that Senator Bur-
ton know just what he was doing when
he accepted service with the Rialto
company. He said it was questionable
whether senator should perform such
services as was required of the defend
ant by the company, but that when he
accepted a fee ''he completed the fatal
chain.''
Mr.. Hoyt discussed the claim of the
defense that the charge was an Gin
famous crime instead of a 'misdemea-
nor" and therefore the defense should
have ten instead of three challenges.
he alleged CndC the contention Oh the
defense was not valid. Justice White
asked if he did not realize that the
penalty carried a disqualification of the
accused, debar him from citizenship
and forever put stigma upon him. Mr..
Hoyt maintained that the statute made
the offenSe a miSdemeanor.
Mr.. Hoyt contended first for the ne
ceSSlty of the statute under which Mr..
Burton was indicted in order to render
pure the conduct of all members of con-
gress and protect the United States and
it's institutions. He claimed Burton had
violated the statute by his accepting
hire for services performed in behalf
of company engaged in questionable
transactions already under contempIa-
ted denial of use of mails and
that Burton by his representa-
tions and influence prevented
the issuance of the fraud order. Mr..
Hoyt's argument closely followed the
line of his brief for the government.
He laid particular stress upon the
point that Judge Adams instructions
to the jury at st. Louis were entirely
proper answering the criticisms made
yesterday on that point by Judge Dill
Ion, Burtons chief counsel. Every
member of court closely questioned Mr..
Hoyt Some questions showed opposi-
ton to the governments contention
while most of them simply tended to
lucidate the situation. Owing to the
nature of the questions and language
of the interruption of justices however
great satisfaction as Mr.. Hoyts argu-
ment progressed. Mr. Hoyt's hand
ling of the governments case was
clear and strong though devoid of dra-
matte points or especial force.
Following Mr.. Hoyt came Frederick
Lehman of ST. Louis, for Burton. Mr..
Hoyt will close for government. Col.
Rossington will not address the court.
The court insists upon completion of the
case today, SO it will be rushed through.
There will be no decision before Janu-
ary, possibly not until February. The
same interest in the trial continued to-
day and all prominent Kansans in town
attended.