The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-29
NOT YET GONE.
Senator Burton Will Hold Seat
for Present.
To Await Action Of Highest
Tribunal.
WILL VACATE SEAT.
SSaa ss;asteess- FAi-ha Eks Sava Convie-
tiOH Is Ssif xc:Icg.
Other Senators Say That He
May Resign.
WILL VACATE SEAT.

Washington, March Ex-senator Bur
ton will not lose his seat in the senate
until the highest federal tribunal has
passed upon the appeal which he is
expected to make. By the provisions
of the statute under which Burton is
convicted he is prohibited from ever
afterwards holding a public office of
trust, honor or profit. This will oper-
ate to vacate Senator Buttons seat.
No action by the senate will be re-
quired to dispossess him of office, al
though a resolution will be adopted
then which will contain the verdict of
the federal court and thereby make a
record of the fact that the seat is va
cant by declaring it so. This is the
view of Senator Fairbanks.
Senator Fairbanks says the verdict
itself expels him from the senate and
that all that is required of the senate
Is to take notice of the fact. But the
senate will also extend to the convict
ed senator all the rights which are
granted him under the law in the fed
eral courts.
If the right of appeal is granted by
the court the senate will wait until
the highest court has passed upon that
appeal. If no appeal is granted Burton
is out of the senate. Senator Fair
banks said on this point that the loss
of his seat in the United States senate
was a part of his punishment, just
as the fine to be imposed, the impris-
ournent to be fixed or his disfranchiSe-
ment which will naturally follow.
IF Senator Burton is granted the
right of appeal or of new trial." said
Senator Fairbanks, The will not be
sentenced to pay fine until that ap-
peal has been adjusted. The same rule
applies to his loss of the office of SEN
ator.
.'The senate will get no notice from
the court where Burton was tried. 1t
will take notice of that when record
is made of the fact that his seat was
vacated by the action of the court
Senator Plat of Connecticut and
Senator Spooner are inclined to think
that Burton will continue to be
member of the senate until a resolu-
ton is adopted expelling him. The
difference between opinions is not
great It hardly involves more than
the stopping of his pay" If a reso-
luton is required to throw Burton out,
his pay will continue until that action
is taken. There is no doubt but he will
be thrown out Immediately the appeal
is decided.
Under the view of Senator Spooner
and Senator Plat. Senator Burton
might be permitted to resign, that is if
he is still a member of the senate he
may offer his resignation and have it
accepted. If, as asserted by Senator
Fairbanks, he loses his Office by the
verdict of guilty, he will not be per-
mitted to resign He is now out of
office.
Senator Burrows, chairman of the
committee on privileges and elections,
which primarily deals with all such
questions, said he did not care to pass
on the fine law points involved. as the
matter probably would be submitted to
his committee for decision later. The
point involved was not of consequence
IN his opinion. for if the verdict was
not conclusive as to the vacancy, the
senate would be compelled to act under
the law.
Senator Bailey said: This is the
first time in the history of the senate
that a senator has been prosecuted I'M
der the statute which convicted Sen
ator Burton. One of the clauses states
that a senator so convicted is forever
barred from holding office, but no ac-
ton can be taken until the matter is
brought before the senate in the reg
ular way. Senator Burton undoubtedly
will resign pending the disposition of
his appeal and the final disposition of
the case"
Senator Long refused to discuss the
verdict 1t is not probable that in any
event Senator Burton will attempt to
perform the duties as senator. Since
the day he was indicted he has not
been on the floor of the senate and
when he has gone to the capitol it was
only upon the most urgent business
His committee room is in the Maltby
building near the capitol. and he
sought quiet. there until the day he
left for St. Louis to be tried
The verdict caused no surprise in
the senate, as the Kansas man was
very unpopular. 1t was felt here that
he was guilty and the expectation was
that the government would be able tc
prove it.
A senator who has a national rep.
utation as a lawyer admitted, in dis
cusstng the Burton case, that he die
not know until recently of the exist
ence of such a statute as section lT8:
and he added that he did not believe
Burton ever heard of 1t until he haC
been indicted. 1t was enacted Jun,
IL, 1864. and it was aimed at member:
of congress who were known to b,
using their influence to assist con
stituents in getting contracts durinf
the civil war. The widespread ignor
ance of the law was not accepted as
mitigating circumstance in the case O
Burton, however, as after the news O
his conviction nothing that was gooC
was said of him.
It was agreed that it would hav
been better for the peace and dignit.
of the senate had Senator Burtol
never entered that body. He has mad
few friends since he came to Washing
ton and this fact was never brough
out more clearly than yesterday. Non
was so poor as to do him reverence
after his conviction and the criticism
of his conduct in some quarters wer
such as to accentuate the fact tina
there are those who do not hesitate t
kick the man who is down.
In the opinion of senators there
little reason to expect that the verdic
of the jury will be set aside and +
fact in all the discussions of the cas-
here today it was regarded as prac
tically settled. In some quarters tn
suggestion was made that Burto
would resign, but this suggestion wa
not accepted generally. Representativ
Miller, who is as friendly with tn
Kansas senator as any man in Wash
fngton said that he would remain i
the senate and fight till the end. It /
not thought likely that he will attemp
to return to the senate or perforl
any of the duties of q senator, as sine
his Indictment he has taken no part i