The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-13
Senator Burton win Surely Be
Tried Nov. 20.
His Counsel Says That He VIII
Be Ready.
WHAT OF THE FUTURE
Burton Organization May Again
Be Active.
Curtis Most Closely in Tonch Of
Senatorial Asperants.

49,
ator j. r. Burton will take place at st. |
Louis on Nov. 2Og and that all papers |
in the case must be fled prior to |
Nov. IA
Attorney F. w. Lehman. Burton's !
counsel, states that Burton will be
ready for trial on the date named.
Senator Burton was indicted and
convicted on a charge of accepting !
money from the Rialto Grain and Sc
curities company for using his in
fiuence in the company's behalf in
matters pending before the postohice
department at Washington. The trial
took place in November, 1903. The
case was appealed to the supreme
court, which reversed the finding of
the st. Louis court and the case was
sent back for retrial
A new indictment was found by the
grand jury in March, 1905. Burtons
attorney, F. w. Lehman, filed a de-
murrer to this indictment and it was
sustained. Judge Vandeventer called
the present grand jury in order that
the Burton case might be considered
before the statute of limitations be-
came effective Nov. Is.
The errors found in the former in
dictment were that it did not allege
that Burton knew a matter relating to
7
pany was pending in the department
when he was alleged to have appeared
there; that it did not allege that the
postmaster general had right to con-
duct the inquiry alleged to have been
in progress; that it alleged that the
1 inquiry was being conducted under a
/ section of the statutes which provided
for criminal penalty which was be-
yOnd the jurisdiction of an executive
officer, and that it should have alleged
/ that the inquiry was being conducted
| under q section which provided for the
issuance of fraud order. The in
! dietment returned remedies these al
/ Legations.
The St. Louis Globe-Democrat, in
commenting on the situation from
pro-Burton view point through a To-
pelxa dispatch says:
/ THE prosecution of Burton has work
ed quite hardship on his political
1 friends, and they have been greatly
/ handicapped in their efforts to reform
their old organization by the odium at
! taching to their organization through
the first conviction Of Burton. If he
! now escapes conviction, after the long,
hard fight he has made, feeling toward
Burton will be greatly sOftened in Kan
sas and there win be a revival of the
old charges that his prosecution was
the result of partisan politics. Such a
condition would do much to rehabili-
/ tate the old Burton organization, which
/ was one of the most powerful in the
/ history of Kansas, and would undoubt-
] edly enable Burton to exercise an i'm
portant influence in the selection of his
successor. This condition is so well
known in Kansas that the various can
didates fol United States senator are
/ proceeding very slowly, pending a de-
cision in the case, and several of the
! leading candidates are showing signs of
! warming up to the most prominent of
lBurton's close friends. Congressman
Curtis has, of course, been pretty close
/ " in touch with the Burton crowd all
! the time and it has been the eXpeeIa-
ton all along that Curtis will receive
/ help from Burton. D. W. Mulvane,
member of the Republican national COM
mittee: J. r. Burrow, secretary OF state
4 D. J. Hanna lieutenant governor, and
the three most influential members of
the state senate. are all in sympathy
! with Burton and inclined to support
Curtis because he is the only one Of
the senatorial candidates who has stood
firmly with them through Burton $
troubles. But if Burton escapes convic-
ton. these men viii be in a better posi-
ton to make a stand for their own in
terests and a marked change IN the
situation is not improbable
| with Burton and his friends as a posi-
| tive fighting force in the senatorial cam cam
! paign, the chances are that the hopes loI
a successful outcome to the seIlaloIlei
candidacy of J i. BristOW would be con-
siderab ly lessened. Whether his suspl-
| lions are lust or unjust Burton has at
tripl7+ed much of the responsibility for
his prosecution to Bristow, who was
fourth assistant postmaster general at
the time the first Indictment was re-
! turned In any event, Bristow did take
some part in getting the matter to the
attention of the department of Justice at
washington, and he will never be for
given for his share in the work, IN case
the prosecution of Burton fails to result
in conviction of a criminal onense,
what is true of the situation with re-
gard to Bristow is equally true wiSh re-
gard to Governor Hoch and ". r:
Sfnbbs both of whom are considered
senatorial candidates, aside from the fact
that neither Hoch nor Stubbs had any
thing to do with the prosecution OF bur
0ffense of HOch and Stubs has been the
. | failure to maintain the anti-machine or
| eraoi1atiOn which defeated Governor
| Paflev for denomination two years ago.
| The organization was almost wholly re-
: cruited from among Buttons friends. In
( view of these conditions a change in the
! senatorial situation is improbable until
after a decision in the Burton case.