The Savannah morning news., 1904-01-09
DIETRICH GETS OFF
HE WAS NOT A MEMBER OF THE
SENATE
AT TIME OF ALLEGED ACTS.
COURTS OPINION is SAID TO BE A
PRECEDENT.

The Defense of the Senator Was Sus-
tained-PrOceedings Against Him
and the Postmaster Involved
Were MOL PrOssed-NOt Until Diet
rich Took the Oath of Office Was
He n Bona Eide Member of the
Senate.
Omaha, Neb.. Jan. S.-The trial of
Senator Charles H. Dietrich for al
legged bribery, in connection with the
appointment of a postmaster at Hast
ings, Neb., came to an abrupt end to-
day, when the United States Circuit
Court, Judge VanDeventer presiding,
decided that Dietrich was not sena-
tor at the time the alleged acts oc-
Cured. The opinion was a lengthy
one, and is said to be a precedent.
Upon this decision, District Attorney
Summers entered a nolle prosequi in
other cases against the Senator, with
the statement that the construction
placed on the law by the court pre-
Guided further proceedings against
either Senator Dietrich or Postmaster
Fisher, both of whom were discharged.
District Attorney Summers stated
to the court that the government had
not within his knowledge, ever placed
a man on trial on what might be term
ed a technical violation of the law.
He said that under the construction
placed upon Section 1881, Dietrich had
enjoyed the lease but a short time
after he had become a United States
senator, that is, after taking the oath.
He said that although he had re-
ceived rentals from April "a to Dec.
2, under the courts construction of
the section there had been no viola
ton of the law. The property was
decided to Senator Dietrich's daughter
shortly after Dec. 2, 1901.
Il would not" said the district at
torney, TASK a jury to return a YER
dict of guilty against a man under
any circumstances, unless 1 believed
such verdict to be in the interest of
justice"
The court, therefore, on motion of
the District Attorney entered a nolle
prosequi to the indictment, which clear
ed the docket of the cases against Diet
rich and Fisher.
Charge of the Court.
In his opinion Judge VanDevanter
said:
'"rhe two houses of Congress, under
the Constitution, are the only judges
of who shall sit as members of their
respective bodies. The district attor-
ney has admitted that there was no
session of Congress from March 20. the
date of the election by the Legisla-
ture of Senator Dietrich. and Dec. 2,
the date of the converting of Congress.
Until the latter date. there could be
no question raised as to his actual
membership in the Senate, nor could
he qualify before that body until that
time. Until then ii was not known
whether he would be permitted to en-
ter upon his duties as a United States
senator and as the representative of
the people of Nebraska before that
body"
The opinion then defines the meaning
of members-ele eX-members and
members of Congress, and closes:
"Our opinion. therefore. is that this
defendant was not a United States
senator at the time of the acts charged
in this indictment. within the inhibi-
ton of this statute. The jury is in
structed to find verdict of not gull
tx"
Case Against Fisher withdrawn.
Immediately after the verdict was
ordered for the defendant, District
Attorney Summers announced that
he wished to enter a nolle prosequi in
the case of Jacob Fisher. postmaster
at Hastings, explaining his motion by
saying:
IF Charles H. Dietrich was not a
member of Congress until after Dec.
2, 1901 and the court has held that
he was not, then, Jacob Fisher should
not be put upon trial for or on ac-
count of agreeing to pay or paying
certain sums of money to him or per-
forming certain contracts for him
during the months from July to Oc-
tober, 1901, under a contract made
with him as a member of Congress
whereby Jacob Fisher was to be APP
pointed postmaster"
r,t.o count y,ooda tho arder