The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-08
SENATOR DIETRICH MAY
NOT BE GUILTY OF THE
WRONG HE IS ACCUSED OF
Had Not Taken Oath of Sena tor
When His Alleged OffenSe
Was Committed.
ON TRIAL FOR BRIBERY
Point Raised by Counsel That Will
Be Decided by the Judge
To-Day.

OMAHA, Neb., Jan. THE trial of
United States Senator Dietrich in the Fed
eral Circuit Court, on an indictment alleg-
ing bribery in connection with the appoint
ment of a postmaster at Hastings, Neb
progressed rapidly to-day until a point was
reached where the first witness for the
government was placed on the stand. Then
General Cowin chief counsel for Senator
Dietrich, interposed a demurrer on the
ground that Mr.. Dietrich had not taken the
oath and was not, therefore, a United
States senator when the alleged bribery
occurred. This question was acknowledged
by counsel for both sides to be new one
and each had prepared arguments on the
subject. The court will hand down an
opinion tomorrow morning.
The point is a Significant one and raises
the question Of whether a member of Con-
gress, between the time of his election and
the date of his qualification as "A member
of the house to which he is elected, is
amenable to the government.
For the defense, Attorney Batty in his
opening statement to the jury said there
was great rivalry between opposing fac
lions or property owners in the city of Hast
ings, each of whom anxious to secure
location of the postofice. This quarrel be-
came so vigorous, said he, that at the time
the government made lease for the relOca-
ton OF the postoffice IL might have secured
suitable quarters free of charge He said it
had become quite common for these fac
tons TO pay by subscription a part of the
rental of the government to secure the Ioca-
tion in a particular part OF the town
This was done to compensate the owner
for differences between the amount asked by
him as rental and the amount actually paid
py the government When the postoffice
was removed to the DIETRICH building, said
he, IL was suggested that $500 of the ex-
pense Tor new fixtures and removal be paid
by Jacob Fisher. who had been named for
postmaster and it was SO agreed.
Attorney Batty stated also that the trans
action by which the amount of $500 is al
legged TO have been paid in cash for the ap-
polntment was the result of a legitimate
business transaction, in connection with the
releasing of part of the building, which was
later used as a restaurant.
IL was after this statement to the Jury
and when the first witness was called that
General Gown interposed the demurrer He
contended that Mr.. Dietrich could not be
considered a member of Congress until he
had taken the oath at the bar of the Sen
ate. Election acceptance and qualification
were necessary, he urged, to actually be-
come senator.
District Attorney Summers, who had pre-
pared an elaborate discussion of the point.
argued that Dietrich had. as a successor to
Senator Allen, who was appointed to sue
ceed Senator Hayward. deceased actually
become United States senator without be-
ing sworn in by the president sof the SEN
ate. He stated that the matter had never
been passed on by any court, and during
the course of his argument answered num-
erous questions propounded by Judge Van
devanter.
Mr. Summers said that Dietrich drew
salary for the time which elapsed between
his election in March and Dec 2, when he
took the oath of office, but later in his argu-
ment 1 he stated that this money was not
drawn until Dec. II, or several days after
he had taken the Office and his credentials
had been approved by the Senate
During Mr.. Summers's argument Judge
Vandevanter asked how the defendant
could have been senator when the body
which alone has the right to declare him a
senator. had not met The case of Mr..
Roberts, of Utah, who never became a con-
gresham. Notwithstanding the House did
not deny him d seat until nearly year
after ne was elected, also was cited.