The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1904-01-14
SENATOR DIETRICH
Was NOT A SENATOR
Judge Instructed the Jury to
Bring in y Verdict Of
Acquittal.
OTHER CASES DROPPED
District Attorney Summers Moves .
Noile as to Them, and the Court
at Once Issues the Order
as Asked.

Omaha, Neb., Jan. 11.-Senator Diet
rich has been released from custody.
Judge Handkerchief. after delivering
his opinion. instructed the jury to bring
in a verdict of not guilty. The dis
trict attorney entered a nolle in the
other cases against Dietrich. Jacob
Fisher, postmaster at Hastings, Neb.,
was also given his liberty, a nolle hav-
ing been entered in each indictment
| against him.
The Courts Opinion.
In delivering the opinion, Judge Van
deventer, said:
hauStiye attention to the demurrer as
time would parmit. anG we lave arriv 4
at a conclusion in which we are DO ,
This defendant is charged with receiv
ing and agreeing to receive, while a mem
Der Of the United States senate, or a part
ons1deration from one Fisher, for pro-
curing or aiding to procure for him an
appointment as postmaster at Hastings,
Neb. section 1881 of the revised statutes,
unaer which this action is brought, con-
ta-ns Two distinct and separate prohibit
tions; the first paragraph, under which
THIS Indictment Is brought, provides that
every member Of congress-, officer or
agent of tho government who commits
certain acts shall be guilty Of a demeanor,
ana provides for certain punishment. The
member of congress-, officer or agent Of
the government. after his election, etc,
shall be liable to the penalty provided for
commission OF such acts.
Tho Essential Difference.
The opinion then defines the differ
ence in meaning between the two para
graphs, and is to the effect that a man
elected to congress does not actually
become a member of that BODY until
he has qualified and taken the cath at
the bar OF the house to which he has
been elected.
The judge said the court was unable
to find a single instance, nor had coun-
Sci cited any instance, where a member
of congress after his election and prior
to his qualification, and before the adj
mln1sterinS of the oath by that body,
mad enjoyed greater privileges than
any other person by means OF elect
ton; although they often enjoyed much
greater influence. The last paragraph,
said the court, refers to acts which may
be committed by members Of congress
after their qualification for acceptance
of the duties. Of their offices. Contin-
uing he said:
Under the law. therefore. there is
no crime except where congress has SO
declared. The court does not make
the law or say what it should like to
have it be-"
Couldn't Sc a Senator.
The district attorney has admitted
there was no session of congress from
March rs, the date of the election by
the legislature of Dietrich, and Decem-
Der 2, the date of the converting of con-
gress. Until the latter date there could
be no question raised as to his actual
nrCltn IN, . t,n /, -
qualify before that body until that
time. Until then it was not known
whether ne would be permitted to enter
upon his duties as senator and as rep
resentative OF the people of Nebraska
before that body"
The opinion defines members-elect,
e~x-members, and members of congress,
INC closes:
Our opinion. therefore, is that this
defendant was not y senator ut the
time of the acts charged in this indict-
ment, within the inhibition Of this stat
ute The jury is Instructed to find q
verdict Of not guilty.
Immediately the verdict was ordered
for defendant, District Attorney sum
mers announced he wished to enter a
aolle in the case OF Jacob Fisher, post
master at Hastings. The court made
the order and then called up the case
against Dietrich in which he is charged
with holding and enjoying a lease with
the government White he vas a United |
States senator.
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 termed
a technical violation of law. Il would
not said he, ASK the jury to return a
verdict of guilty against a man under
any circumstances unless l believed
mr. - ~ tI, M ia- No. - - 49, IL I
of Justice"
The court, therefore, on motion of the
attorney, entered a nolle to
the indictments, which cleared the
of cases against Dietrich and
Why Dietrich Did Ii.
On account of n statement made to
the press some time ago on behalf Of
to the effect that he did not
wish TO take advantage of IL technical
ity, n wished the ease tried on lis
merits in order that he might be fully
General Gown today gave
out a statement of his reasons for de-
murring to the Indictments. IN effect
it is that owing to the fact that he
court itself would have the adjudication
of the question whether Dietrich was
period covered by the alleged unlawful
acts, he declared that a demurrer
be introduced before the taking
of testimony should begin. General
Gown explained that otherwise the
court at the close of the case for the
prosecution would have raised the
point, which would have precluded the
defense presenting any evidence in
refutation.
When court convened toda. Judge
V~andeventer handed down a. decision
the demurrer interposed BY
counsel for Senator Dietrich. The de-
murrer was made to the Introduction of
evidence on the ground that Dietrich
was not actually q member OF the sen
ate when the alleged bride took place.
The affect Of the decision IS that Il
n a Isl not an actual member oil con
gress antiishe has taken the oath OIL
office at the bar ~ the house Id Which1
he Us eiejstsd, md That lie sgn3t amen
Hbis Ito the iaVysas a1nsssihe ffg csn-
gfess ofsAe IJsiata1 t