The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-17
He WON'T QUIT.
Senator Burton Says That He'll
Keep His Seat.
Turns Deaf Ear to Friends Who
Advise His Resignation.
CALLS 1T VINDICATION.
Opinion Of -Four Dissenting
Judges PIeAses Him.
Supporters Hope for No Wash
1ngtOn Indictment.
CALLS 1T VINDICATION.

Washington. Jan. 1T@'You may
say as emphatically as you can say
it." said Senator Burton last night.
that under no circumstances viii
consider a proposition to resign my
seat in the Senate
He said this after he had heard Of the
resolutions introduced IN the Kansas
Legislature.
Nearly every member OF the DEL
egaGion who has talked with Senator
Burton since the trial at st. Louis
has advised him to resign. Now that
a new trial has been granted the opin-
ion as to the advisiabiIity of his res
ignation has not changed. Senator
Burton would not say whether he
would present his case to the Senate
as Senator Mitchell has decided to do.
MY inclination at this time" he said.
''is to pursue until the cause is finally
disposed of in the courts, the Same
course I have pursued since the in
dfctment was returned. I have had
no opportunity to confer with my
frineds but believe win continue the
plan of silence I have inaugurated.
The only thing on which am de-
termined is that I will not resign.
am going to be regular IN my ap-
pearance at my committee rooms In
the Maltby building, but more than
that L cannot say"
Senator Burton's friends are conf
dent no attempt will be made to have
him indicted and tried in the District
of Columbia. Under the decision OF
the court he can only be tried in st.
Louis on one count and that was the
count in the Indictment based on the
cash payment of $500. Senator Bur
toms determination to hold his Senate
seat will make a subject of newspaper
controversy and must inevitably result
I In f1s7T czr11 ar,Y is
sentiment in Washington in support
of a jail sentence for the misguided
senator Even the most implacable
foes wanted to save Burton this hu-
initiation. But there is no mtstaking
Washing gton sentiment toward Burton
as a senator The Mitchell case is
in no sense parallel. Various mem
bers of the Senate have urged Senator
Mitchell to appear in that body and
present his case Burton on the other
hand has been avoided. Nobody want
ed him to be punished further than
the loss OF his Senate seat.
In his private conversation Senator
Burton has shown that he regards the
reversal Of the case and the attitude or
the four dissenting judges practically
as a vindication. The four dissenting
judges declare they are of the opinion
there was no evidence whatever upon
which to found a verdict Of guilty.
Soon after the decision had been rem
dered Senator Burton went to the capi-
toI and summoned Senator Kitteridge
of South Dakota from the senate cham
bef. TO<etber they went to the ONCE
of the clerk Of the court where they
secured copies OF the decision They
carefully went through 1t, and at inter
walls stopped to discuss the legal points
emphasized by the justice. Senator
Kitteridge is known as an able lawyer
and it is understood that he advised
Burton in the preparation OF his appeal
He and the Kansas senator are friends
and Mr.. Kitteridge seems to have taken
a personal interest in the outcome OF
the case. From the clerks Office he and
Burton went into a corridor, where they
discussed the decision for half an hour
In the clOakrOOms of the house ths
decision was freely discussed. The ac-
ton of the court in remanding the case
for q new trial was generally expected,
but the congressman showed much in
terest in the courts conclusions. Among
those who have watched the case with
deep interest is Champ Clark. When
told the substance of the decision he
said: s'Since the supreme court heard
arguments on the appeal have felt
confident that it would hold that the
alleged offense was committed IN
Washington"
To Be Retired.
St. Louis. Jan. 17.-Colonel D. p.
Dyer, United States district attorney
who prosecuted Senator Burton at his
would be retired in st. Louis. He saidE
while the supreme court found that
the Missouri court did not have 1uris-
diction in the case as regards the check
payments which were paid to the sena-
tor in washington, the counts in the
indictments which charge a $500 cash
payment still holds as the actual pay
ment was made in st. Louis and the
Missouri courts have Jurisdiction Ihe
case will be placed on the docket for
the May term and unless some delay
is granted to the defense the case wiz
probably be disposed of next spring