The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-28


pointment The appointment would
hold until the meeting of the next leg
islature, which would elect a senator
to fill the vacancy.
FINE AND IMPRISONMENT.
The penalty for the crime of which
Senator Burton is convicted is a fine of
not more than $4,000 and imprisonment
for not more than two years 1t must
be, however, both a fine and imprison-
ment, and each separate count upon
which he is convicted constitutes a vio-
lation of the law and he can be SEN
fenced upon each count. The penalty
can be as low as one dollar fine and
one day in Jail on each count, but more
than all of these is the fact that he is
forever prohibited from holding any Of
fee of honor, trust or profit under the
United States government, which means
the forfeiture of his office as United
States senator.
The law under which he was convict
ed, section 1882 of the revised statutes,
is follows:
NO senator. representative or dele
gate, after his election and during his
Continuance in office and no head of a
department, or other officer or clerk in
the employ of the government, shall re-
ceive or agree to receive any compenSa-
ton whatever, directly or Indirectly, for
any service rendered, to any person,
either by himself or another, in relation
to any proceeding, contract, claim, con-
trOVerSy, charge, accusation, arrest, or
other matter or thing in which the
United States is a party, or directly or
indirectly interested, before any depart
ment, court cartial bureau officer, or
any civil, military or naval commission
whatever Every person offending this
section shall be deemed guilty of a mis-
demeanor, and shall be imprisoned not
more than two years and fined not more
than $4,000, and shall moreover, by con-
viction thereof, be rendered thereafter
incapable of holding an office of honor,
trust or profit under the government of
the United States
PERSONNELLE OF JURY.
The jury which convicted Senator
Burton was considered by the attor-
neys in the case as an extraordinarily
good one. 1t was drawn from a special
venire made up by the federal court
officials for the purpose and on the
venire were men of great ability and
high standing. On the jury was one
bank cashier and the treasurers of
two big St. Louis mercantile concerns.
Another was an architect, another a
grain broker who was connected with
Il big Chicago firm, who understood
the workings of the get-rich-Quick
grain companies. The federal court
for the eastern district of Missouri
state. and while eight of the twelve
jurymen came from st. Louis, the
venire was drawn from the counties
all along the Mississippi.
! The jury was made up as 1OlloWS.
Eugene F. Rippenstein, cashier of Her
man, Mo- Savings bank.
Edgar S. Purdy. salesman for Harga-
dine -McKittrick Dry Goods company of
st. Louis.
James Bower, farmer. of Cape Girar-
deau
Hardware company of St. Louis.
NJ F. Brown, clerk in beer inspector S
A. Z. Ford, miller. of Madison county.
Alfred Behrens, merchant of Cape
Charles F. Bates of St Louis. formerly
with American Tobacco company.
| Charles w. Wall treasurer of Myers
Bros Drug company.
! Albert W. Lansing, grain merchant of
William H. Steele. lumberman of st.
Louis.
! Senator Burton was indicted in Janu-
ary last. Although as a member of con-
gress he could not be arrested until
after that body adjourned, he volun-
tarily surrendered himself to the prose-
cutting authorities. He still had two
years to serve in the senate.
WON'T BE OUSTED NOW.
Washington, March 2S.-Members o1
the senate committee on privileges and
elections have discussed informally the
conviction of Senator Burton, but un-
til the matter comes before the com
lanittee the members are loath to give
their personal views. 1t will ak a for
NAL action by the senate to declare
Burton's seat vacant. and this will moi
be done until court of last resort has