The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-22
ONLY FORLORN
HOPE REMAINS
IInifnh SfoFne CUnrnp,n NnIrF
United States Supreme Court
Decides Against Senator
Burton of Kansas.
CAN ASK FOR REHEARING
SENATE LIKELY TO DECLARE
SEAT VACANT.

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Washington May H--If Senator
Burton does not resign lat once" as =
a prominent senator puts il. a res
olut1On will be introduced to declare
his seat vacant
<<<**%+%1+%%%+%++%+%+*%%&+
Washington, May 4.-The supreme court
OF the United States today rendered a de
cision in the case Of United States Sen
ator Ralph Burton of Kansas. The de
Cision was against Burton. affirming the
decision of the United States circuit
court for the eastern district OF Mis-
souri,. by which Burton was sentenced to
six months Imprisonment i'm the Jail Of
Iron county, Missouri. required to pay
fine of $3.50. and deprived of the right
10 herafter hold office under the gov
eminent.
Opinion by Harlan.
The opinion was by Justice Harlan. All
OF the points made in Burton's interest
y ere OVeTTuied-
Senator Burton was prosecuted on the
charge of violating section 11S2 of the re-
NiSed statutes, which prohibits senator's
and representatives from receiving COM
pensa ton for services rendered before any
or the government departments IN any
matter in which the government may be
Interested He was specifically charged
with accepting d fee of 500 per month for
CuTities company Of St. Louis for services
rendered that company in an effort to
prevent the Issuance of an order by the
pOstOffic- department prohibiting the use
e the mails by the company.
His Second Appeal.
This was Senator Burton's Sc 5nd ap-
peal to the supreme court In ne first
case the circuit court found him guilty
and imposed the same penalty that was
imposed in the present case but the SU-
~.
first instance because It was made 10 ap-
pear that the money was paid in Wash
ingtOn and not n St. Lauis, where the
case was tried
Ii was -ontended on behalf Of Senator
Burton that the fee was paid on account
OF a criminal proceeding against one or
the members Of the Ridlto company and
not because or services rendered ln the
government prosecution of the company
The law under which he vas prosecuted
vas also attacked as unconstitutional on
the ground that the senate VS. the sole
judge of the qualification Of its members,
but this doctrine. was not upheld by jus
upheld in all respects and held &c be fully
I applicable TO Buttons case,
Dissenting Opinion.
Justices Brewer. White and Peckhsm
Nuited i'm a dissenting opinion delivered
bv Justice Brewer Their opinion was
based on the theory that The United
States was not legally interested in the
n
Burton was employed as counsel
Immediately after pTOmulg6tlpG its de-
CiSlOn i'm the Burton case. me supreme
court Of the United States today granted
a motion to give sixty days to Senator
Burton in which to prepare Il petition for
z reheaTing-
The action will have the effect of tax
Ing the case over until the next term OF
court, beginning in October, as the pres
ent term viii expire next Monday
Senate Must Take Cognizance.
That the senate will be compelled to
take cOguizance of the case is indicated
by the decision in the following extract
The final judgment of conviction did
not operate ipSO faCtO to NaCate the seat
Of the convicted senator, nor compel the
senate TO eXpel him or to regard him as
expelled by force alone of the judgment
The seat into which he was originally in
Quoted as a senator from Kansas could
only become vacant by his death, or by
expiration Of his term Of office, or by
some direct action on the part OF the sen
ate, in exercise of its constitutional pow
Justice Harlan also held that the gen
ate could not cover an election to the
United States senate, as they do not
hold their places under the government
Of the United States
Refused TO Talk.
Senator Burton received the first news
OF the court 5 decision by telephone at his
lcom n the Raleigh hotel, where he is
stopping. To the newspaper men VINO
called to see him, Senator Burton said
u shall adhere to my original policy Of
saying nothing until my case IS finally
determined he would not say, in reply
10 a question. that ne intended TO take
further legal steps. but from the fact that
Cided, i'm view Of the sixty days granted
Cor a renearing, 1t is inferred that ne viii
do so.
Talk of Successor.