The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-02
HIS CASE is CLOSED.
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the law, and yet so DESTROYS of this
employment and it's earnings, that he
blows hot and cold. His position is
unmistakable and characteristic of all
men who allow themselves to tamper
with the highest standards of con-
duct"
The brief treats as to the nature of
the offense in this language:
1.-The statute calls the offense a mis-
demeanor; the maximum punishment
IS two years Imprisonment and $4,000
fine. In all cases conviction works
disqualification for office under the
United States The punishment i'm
posed could hardly be called Infamous.
and the Infamous nature of punish
ment does not raise an offense above
the grade of misdemeanor and to the
grade of felony"
Much comment has been made by
Senator Burton, his friends, the press
and lawyers, upon the language ad-
dressed by Judge Adams to the jury.
The solicitor general in his brief says
on this point:
II submit without a word Of addi-
tional argument that Judge Adams
pointed out, with admirable lucidity
and dignity and with an accurate sense
of all the proprieties of the situation,
the respective functions of court and
jury, the duties and responsibilities
resting upon the jury; and that he ex-
pounded clearly and soundly the law
applicable
The Solicitors Summing Up.
The solicitor general sums up the
only important points in the case, he
says, the following:
WAS there any proceeding, charge,
or other matter or thing, pending be-
fore the postoffice department in which
the United States was directly or indi-
rectly interested
"2-Did the accused render services
and receive compensation in such a
matter?
''s-In reference to the place of pay
ment of the money and checks, did the
district court have jurisdiction?
"4-Was it legal and competent for
the accused to waive, as he promptly
and voluntarily did, his personal priv
fege of exemption from arrest as a
member of congress-?
An incorporated Bucket Shop"
The solicitor general gives a history
of the RialtO company. He calls it an
incorporated bucket shop" states that
It was the successor of the Brooks
Brokerage and Commission company;
was, in fact, the Brooks company in
another FORM AN indictment in the
federal court was Imminent" he says,
in regard to the Brooks company and
Dennis, president of that concern, and
president of the Rialto company, land
proceedings were anticipated against
the Brooks company and its owners or
officers in the state courts of Missouri.
At that very time complaints against
the Rialto company had been lodged
with the postoffice department. An in
veStigatfOn by the department was in
progress. and soon thereafter Dennis
and Brooks were indicted in the federal
court for violation of section $3.50, Re
vised statutes"
The solicitor general leaves the i'm
preston with the reader of the brief
that although a fraud order was not
issued by the poStoffice department
against the Rialto company, although
one had been issued against its relative
and predecessor, the Brooks company.
that the employment of Burton was to
forestaI such issuance of a fraud order
by the department against the new
company. This is the inevitable con-
cIusion the reader must come to, al
though it is not stated in specific
terms.
The brief says:
an the letter Harland. the Rialto
company's attorney, spoke of our
labors to save Dennis, and suggested
that Burton inquire the facts at the
postoffice department. by which he
would perform great service for us
at this time. The inevitable revelation
of the real nature of Burton's arrange
ment and services as provided for on
the train comes out more strongly in
Burton's reply to this letter. He called
at the department and found that there
were two complaints there against the
Rfalto company-'your company He
thinks the company should satisfy the
complaints: especially should this be
the motto until the Brooks matter is
entirely out of the way This is highly
significant of the standards of conduct
in the minds of all these men and of
their methods"
Again-'.Burton arranged with the de-
partment to be advised in case complaints
of the company were made, and for hear
ing if one were necessary. He said the
new company doing a straight bust
ness and was all right. In his letter stat
ing this fact he also informed Harlan
that no action would be taken without no
tice, and that opportunity for hearing
or explanation would be given. He closed
his letter follows
"a In return, if agreeable, you may make
remittance for my first months pay"
Burton's End of the Line.
Then follows other comment by the So
Hector general. In one place he refers
to Mr.. Burton's famous statement to
Harland that he would take care of
things at this end of the line"
In concluding his recital of argument
that the company was a fraudulent one;
that Burton rendered service and accept
ed compensation, the solicitor general
says:
TT is difficult to understand how a Uni
ted States senator could render such SER
vices in such a manner to such people,
even if they had been his constituents
and even if he had not taken compensa-
ton No doubt from the mere legal point
of view he could have done all he did for
his clients if he had chosen, a good |
natured service gratis to his friends, with |