The San Francisco call., 1905-01-17
BURTON TO GET
A new TRIAL
Held That Missouri Court
Had No Jurisdiction in
Case of Accused Senator
WASHINGTON THE PLACE
Effort to Be Made in the
Kansas Legislature to
Force His Resignation

WASHINGTON, Jan. 16.-The case
of Senator j. r. Burton was decided
by the United States Supreme Court
to-day. The court reversed the verdict
of the District Court for the Eastern
District of Missouri on the ground
that the payments to Buron were
made in Washington. The District
Court was therefore reversed and the
case remanded for a new trial. The
opinion was handed down by Justice
Peckham, who took up the various
counts and recited the conclusions as
we'll as the divisions of the COURT
AS to the second count of guilt, It
is said that assuming that the statute
applies to the facts stated in the in
dictment, a further question arises
upon the general merits: of the case,
whether there was sufficient evidence
of guilt to be submitted to the jury,
and a majority of the court Is of the
opinion that there was, or is not pre-
pared to say there was not, and the
minority dissents from that view and
is of the opinion that there was no
evidence whatever upon which to
found verdict of conviction. The
decision further says
This is not Of the commencement Of .
crime in one district and its completion In an
either district has jurisdiction. There was no
beginning OF the offense in Missouri. The pay
ment Of the money was In Washington, ana
there was no commencement of that offense
when the officer of the Rialto Company sent the
checks from st. Louis to the defendant The
latter did not thereby begin an offense IN Mis-
souri,.
Justice Peckham also took occasion
to comment upon the fact that when
the jury came in with a disagreement,
the Judge asked how the jury stood.
saying that the practice was one which
should not be encouraged.
The trial under the indictment
charging Senator Burton with receiv-
ing cash payment at st. Louis VIII
proceed Immediately at that place.
The Department of Justice has not yet
considered the question of the trial
place of the indictment alleging pay
ments in this city. 1t is possible the
statute of limitation may operate
against 1t.
In dissenting Justice Harlan says:
"It seems to me that in reversing the
Judgment upon the grounds stated in
the opinion the court has sacrificed
substance to mere FORM"
TOPEKA, Kans., Jan. ia resolu-
ton asking Senator Burton to resign
was introduced in the Kansas House
and Senate this afternoon. Cyrus Le-
land, leader of the deposed Republican
faction in Kansas. and a member OF
the House, is the author of the resolu-
ton. The matter will come uD for
consideration tomorrow. An effort
will be made to table II on the ground
that the case of Senator Burton is yet
before the courts and therefore not
subject for legislative action.
The Leland resolution recites that
the decision of the United States Su>
preme Court to-day in the Burton
case necessarily deprives Burton of his
usefulness as a representative of the
State of Kansas in the United States
Senate.
1t Is by no means certain that the
resolution will pass tomorrow, but
| great effort will be made by Burton's
enemies to push 1t through.