The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-01-09
DIETRICH
DISMISSED D |. 5 |. D
Nollc Pros Entered in Case
Against United States Scna-
tor From Nebraska.
NOT SENATOR At THE He: TIME I'M
Had Not Qualified Nor Taken
Oath OF Office as Member
Of the Senate.
NOT SENATOR At THE TIME.
(By Associated press.)

OMAHA, NEE. Jan. S.-The trial OF
Senator Charles II. Dietrich for alleged
bribery, In connection with the appoint
n,cnt OF postmaster at Hastings, Neb"
came to an abrupt end to-day, when tho
Tinted States Circuit Court. Judge Van
Devanter presiding, decided that ncit-
rich was not senator at the time the
alleged acts occurred. The opinion was
q lengthy one, and Is said to be preco-
dent. Upon this decision, District Attor-
,ey summers entered nolle IN other
cases gainst the senator, with the state
ment that the construction placed on the
Law. by the court iprecluded further pro-
csedinRs a gaInst either Senator Dietrich
or Postmaster Fisher. both Of whom were
discharged. 5t
District Attorney Summers stated to the
court that the government had not, Win
IN his knowledge ever. placed man on
trial on what might be termed q technical
violation OF the law. He said that un-
der the construction placed upon sectlon
1871, Dietrich had enjoyed the lease nut
a short time after he had become Uniteu
states senator, that Is after taking the
Ga N. He said that although he had re-
ceived rentals from April Gath to necenn-
Der I'd. under the courts constructor OF
the section, there had been no fio.a.ion
OF the law. The property was deeoeu "
senator Dietrich's daughter shortly a1tcr
December 2, 1901. 49,.
~ would not" said the district attor.
ney. TASK Jury to return VeIdlct ~
guilty against man under any clrcum'
stances unless l believed SUCH a Ve'u'cs
to be in the Interest Of justice.
taF In },
Tho court therefore, on motion OF the
district attorney, eiltored nolle 70 me
Indictment, which cleared tho DOCKET OF
the cases against Dietrich and Fisher..,
IN his opinion, Judge Handkerchief SAID: ;
3..rheGtwo houses OF Congress, under ina
Constitution, are the only judges OIL
V no shall sit as members OF thelr re-
srt ctive bodies. The district attorney
has admitted that Their. waD no session Oh
Congress from March %. the date OF INC
election BIZ the Legislature OF senator
dietrich. and December .. the date OF
tie converting Of Congress. Until the
later date. there could be no question
raised as to his actual membership IN inc
Senate nor could he qualify before that
hody until that time. Until then 1t was
not known when he would be permitted
to enter upon his duties as United
states Senator and as the representa-
tive OF the people OF Nebraska petore
that body"
1 Tho opinion then defines the meaning
81 members elect, ex-members and mem
bers Of Congress- and closes: &"Our opln-
ion, therefore is that this defendant
was not a United States Senator at the
time OF the acts charged in this indlct-
rltnt. within the inhibition OF this stat
ute. The jury is Instructed to find aver
dict OF not guilty
Immediately the verdict was ordered
TO, defendant. District Attorney Sum
16ers announced that he wished to enter
nolle in the. case OF Jacob Fisher, post
master at Hastings.