The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-04-16
Lam Opinions at Odds
In Senator BurtOn'S Case
Supreme Court Readjusts Itself in Different
AIignments in Interpreting Various
Phases Under Debate

The reindictment last Thursday OF Sen
ator Burton by the ST. Louis grand jury
for having received $500 from the
RiaIto Grain and Securities Company, of
st. Louis. as a fee for representing the
company before the Postoffice Depart
ment, recalls the peculiar aspects of the
Burton case before the Supreme Court
of the United States.
That tribunal divided, with a close
ness of vote that reminded one OF the
days of the famous income tax de-
cision.
Five to Four.
Five justices declared themselves 'of
opinion that the facts alleged in the In
dictment show case that is covered by
the provisions of the statute"
The Chief Justice and three justices
dssented, and declared themselves ''of
opinion that the statute does not cover
the case as alleged in the indictment
The full bench took part in the inter-
esting decision. Justice Harlan. Brown,
McKenna, Holmes and Day were the
majority. Chief Justice Fuller and JUS
tees Brewer, White and Peckham were
the minority on the question whether
the statute applied to the case
The second division announced in the
decision was even more remarkable. AS
Stunning that the statute applies to the
facts stated in the Indictment" the court
dealt with the other question, whether
there was sufficient evidence of guilt to
be submitted to the jury"
Upon this question the decision de-
clared a majority of the court, the
same justices concurring, are of opinion
that there was, or are not prepared to
say there was not, and the same minor
ity dissented from that view and are
of opinion that there was no evil
dence whatever on which to found a YER
dict of conviction.
Peculiar Situation.
Had the court stopped with the de-
cision of this question the verdict
| against Senator Burton in the fedora
court at st. Louis would have stood
by vote of to 4.
But" the Supreme Court proceeded
! there are questions remaining which
we now proceeded to discuss on tbs
theory that the statute covers the case
That discussion led to an entirely new
! alignment of the nine members of tbs
court One who mad voted with the tive
| 10 form the majority sustaining the in
dictment dropped out and became {
| minority. The four who were in tn
majority and the four who Were IN thu
minority now united on three reasons
why the judgment must be reversed
and the case be remanded to the dis
| trict court of Missouri with direction!
for a new trial"
ALI the quotations above are from tn
certified opinion of the court One rea
son for reversal was that the payment
to Senator Burton set forth in the in
dictment for mis- services in behalf o
the Rialto grain and securities cornpap
were made in Washington and not i
St Louis, as the indictment averrcd.
The Senator received checks $500 a
a time, which he deposited to his &C
count in Washington bank. The Su
preme Court held that the payment
being so made the court in Missouri
had no jurisdiction 10 try the offens
set FORTH
From this view Mr. Justice Harlan
one of The former majority vigorousl
dissented insisting the drawing of tn
check in ST. Louis made that the plac
of payment, and hence the location @
the alleged offense.
A second reason for reversal was a