The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-07

pany, Senator Burton had the perfect
right to appear and the court at St.
Louis so ruled and held
AT the trial the government WAS
not permitted to show that the Rialto
company was a fraudulent concern,
and so far as the record shows, it was
reputable. In February, 1903, several
'get-rich-quick' concerns, like Arnold,
Ryan and others, went to pieces under
assaults of the postal department, but
during that time the department found
no fault whatever with the Rialto
company. That company continued
TO run for nearly a year after the SEN
atOrs employment ceased. without any
interruption from the Postal depart
ment. When Major Dennis was in
California, a mental and physical
wreck. the RialtO company was ruined
by the men he left in charge Of 1t. This
was months after the senator's con-
tract had been cancelled In August
and September, 1903, the postal inspec-
tors made an investigation, continuing
four weeks, and reported that there
was no ground for the issuance of a
fraud order by the department.
1T should be borne in mind that the
law Senator Burton is accused OF Vio-
lating was passed in 1854 and not one
lawyer in a thousand knew of its ex-
istence. 1t hardly seems possible that
il was intended to cover the fraud or
der statute which was. passed twenty
years later If such should be the
holding of the higher court, then there
is no charge Of any kind against the
senator
This offense has been heralded as
bribery throughout the country. The
actual charge was using his influence
as United States senator to persuade
the postoffice department not to issue
a fraud order against the RialtO COM
pany. Therefore it is important to
know and to realize what the senator
did. Mr.. Cochran. chief inspector, was
the only official produced at the trial
tense by him that the senator ever
tried to influence him against a fraud
order. The testimony shows that all
that was done was to make inquiry
plants and to request Mr.. Cochran to
notify him in case any complaints
should be made Mr.. Cochran himself
testified that Mr. Burton said to him
that he would not answer such COM
plants, or do anything to oppose the
department in respect to that or any
other matter. The senator swoTe that
he wanted the information to satisfy
himself whether the company was hav-
ing any trouble with the department
and. If so. to cancel his contract
AT the senator's first call, which
was two days after his employment at
st. Louis, Mr.. Cochran told him OF Two
complaints that had been made
month before and had been sent TO the
inspector at St Louis senator bur
ton reDorted this to Mr. Harlan VINO
renIie5 mat the inspector had investi-
gated and reported nothing wrong.
This information was all that the SEN
afor ever received from anybody re-
specting complaints during the time.
~ his employment. What he did, as
herein stated. seems 70 nave peen the
full measure Of his onense-
1T should not be overlooked that az
fer Major Dennis had been acquitted
of fraudulent use of the mails by the
Brooks Brokerage company, the DOCKS
of that company, which had been in
possession of Mr. Dice, postal laspec-
tor were turned over to the stare au-
thorities at St Louis. Senator Burton
sent to the department protest
against that action, and got an order
department. The court instructed the
jury that he had a perfect right to do
sThe testimony shows that an ex-
press agreement was MADE a. the Time
of the employment that the senator
should not appear for the Rialto COM
pany in any complaints that that COM
pany might have with the postal de-
partment, further than to make mere
inquiry He says that his reason for
making that provision was the fact
that the company was using the mails
so extensively, their whole business
being done through that channel.
This statement of the case is made
from my own perusal OF the record
and at this time do not care to pre-
sent any argument based on IT. Ny
object is simply to explain how the
senator became connected with the
Rialto company and to show the ex-
tent OF his service. When the smoke
of battle clears away. the final esti-
mate viii be made and it will be just.
whether it excuses or condemns An
immediate verdict Of the people is Of
ten wrong. but the ultimate Judgment
is always right"
Wichita and Return. S5.15-Santa F'e.
Democratic state convention. Tick
cts on sale April and Z. Final limit
returning April 3.