The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-25
FOR new SENATOR
Politicians Gossip About Sue
cessOr to Burton.
P enaIty If Convicted Provides
for Expulsion.
IN HANDS OF SENATE.
Might Wait Until Case Had
Been Appealed.
Wild Guesses About Man Bailey
Would Appoint.

Whether Governor Bailey or the next
governor of Kansas will have the OPP
portunity of naming a successor to ].
Ralph Burton, as senator from Kansas
in the event that Mr.. Burton is found
guilty of bribery and is expelled from
the United States senate is the ques-
ton at present being threshed over on
the political barn floor.
That Senator Burton will use all his
efforts first to clearing himself and re-
tanning his seat and that secondly he
will in case he loses the first PROPOSE
ton, make every effort to keep from
allowing Bailey a chance to name q
senator is without doubt.
Should the jury at st. Louis find him
! guilty Senator Burton will undoubted-
ly appeal to the United States court
of appeals and from there if necessary
will appeal to the supreme court,
Should all these appeals be taken the
case will not be finally settled for
many months, perhaps years.
Whether the United States senate
would expel Burton if he is found
guilty by the st. Louis jury or whether
the senate would delay action until the
case was finally decided in the highest
court is problematical. The senate is
a law unto itself and it seems that it
might take either course.
Should Senator Burton be found
guilty the punishment will be Il serl-
tence to prison and a fine The Jail
each count and the fire can not exceed
$4,000 on each count for misde-
meanor. Burton is being tried on six
counts Should he be sentenced TO
prison he might be sent to the federal
penitentiary at Leavenworth.
Should Senator Burton be expelled
from the senate soon following a YER
dict of guilty by the st. Louis jury
his seat in the senate would be declar-
ed vacant and Governor Bailey would
be called upon to appoint a successor
who would hold the seat until the next
session of the legislature. The next
regular session of the Legislature will
be in January, 1905, and that legis-
lature would elect a successor for the
unexpired term. The legislature of
1907 will elect for the six year term.
Should Governor Bailey have the op-
portunity to appoint for the time be-
tween the unseating of Burton and the
next session of the legislature. would
he appoint Cyrus Leland? That LIE
| land might have the appointment is
conceded by many but whtehar Lee
land would accept the appointment is
| questionable and doubtful.
Others are reckoned more likely than
Leland. w. D. Atkinson, appointed
justice of the supreme court by Cover
nor Bailey and turned down for the
nomination by the Boss Busters at
J. S. Dean, from Marion county, who
is at present United States district at
torney for Kansas, might be a factor.
He was a Burton supporter and secured
| the appointment through the offices OF
Burton, but when Dean saw the crash
| coming, and before the crash did come
| in the form of the indictment of Bur
ton by the. grand jury at St. Louis
Dean deserted Burton. He lined uE
with Governor Bailey. Leland and Sen
ator Long in supporting j. c. Pollock
for the appointment as judge of the
federal court to succeed w. c. Hook.
w. H. Wallace, of Kingman, is now
very friendly with Morton Albaugh anc
a Bailey man. He might be looked
upon as a possibility.
Otto Eckstein of Wichita, Henry
Allen, in case he loses in his contest
| in the Second district, Harry Bone, Ira
Collins, might also be listed. Victor
| Murdoch is a possibility, but he is APP
parently satisfied with being a con-
gresham. and when he gets out OF
| that he will probably want to get back
/ into the newspaper work
Should Senator Burton delay his for
fixture of the office by appeal in case
of conviction, he might delay his exit
from the senate until after the next
session of the legislature, and Ed Hoch
might have q chance to make the ap
/ pOintment. In that case F. Dumon
Smith of Kinsley, who nominated Hocf
at Wichita, might have the-position al
| the top of the list of possibilities. ]. H
Richards, OF Fort Scott would prob
ably be a candidate. with the Missouri
Pacific behind his candidacy. NJ A
Low is thought of, and Congressman
Curtis is mere than a possibility il
Hoch had the appointing power, fol
then Curtis would hold the seat il
the senate until January, 1907, wher
the legislature would elect for six
year term If Curtis felt that he would
win before the legislature he might re-