The Montgomery advertiser., 1906-05-22
BURTON MUST
 SERVE TIME His Case Decided by Su-
 prerne Court. SENTENCED TO NINE MONTHS Also Must Pay Over $500 to
 Government as a Fine. Motion of Defendant Asking sixty Days for Preparation of an Ap- plication for n Rehenr- ing Is Granted by the Court.
SENTENCED TO NINE MONTHS

Washington, May 21.-The Supreme Court of the United States today rem dered decision In the United States Senator Joseph Ralph Burton of Kan sas case. The decision was against Burton. affirming the decision of the United States circuit court for the eastern district of Missouri by which Burton was sentenced to six months Imprisonment in the jail of Iron County. Missouri. required to pay a fine of s2.500 and deprived of the right to hereafter hold office, under the government.
 The opinion was by Justice Harlan. All of the points made in Burton's interest were overruled. Senator Burton was prosecuted on the charge of violating Section 17s2 of the revised statutes which prohibits senators and representatives from receiving com pensation for services rendered be- fore any Of the government depart ments in any matter in which the government may be interested.
 He was specifically charged with accepting a fee of $500 per month for five months from the Rialto Grain and Securities Company of St. Louis for services rendered that company in an effort to prevent the issuance of an order by the postofflce department prohibiting the use of the mails by the company.
 His Second Appeal.
 This was Senator Burtons second appeal to the Supreme Court.
 Justices Brewer. White and Peck ham united in a dissenting opinion. Their opinion was based on the theory that the United States was not legal ly interested in the case against the Rialto Company in which Burton was emploYed AS counsel
 Immediately after promulgatlng It's decision in the Burton case the Su- preme Court of the United States to- day granted a motion to give sixty days to Senator Burton in which to prepare a petition for a rehearing. The action will have the effect of talk ing the case over until the next term of court beginning in October. as the present term will expire next Mon day.
 That the Senate will be compelled to take cogrizance of the case is indl- cated by the decision in the following extract: s
 The final judgment of conviction did not operate ipso facto to vacate the seat of convicted Senator. nor com pei the Senate to expel him. or to re- gard him as expelled by force alone of the judgment. The seat into which he was originally inducted as q 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 Senate In the ex- ercise of its constitutional powers"
 Justice Harlan also held that the sentence could not cover an election to the United States Senate as they do not hold their places under the gov ernment of the United States"
 On the point that the crime was not committed a St Louis, Justice Harlan said:
 His Absence From St. Louis.
 'In view of these cases 1t cannot be maintained that the personal absence of the defendant, Burton, from St Louis, at the time his offer was accept ed and the agreement between him and the compeny was completed and be- came binding. deprived the federal court there of jurisdiction. He sent his offer to St Louis with the intent that 1t should be there accepted and consummated. Having been completed in that city in conformity with the intention of both parties, an ofrense was. in the eye of the law. committed there. and when the court below as sumed Jurisdiction of thIs character. 1t did not offend the constitutional re- ouirement that a crime against the Tinted states shall be tried in the State and district where it was committed"
 The sentence of Senator Burton was in two parts, as he was convicted on two counts of the indictment. One was six months in jail and a fine of $2,- 900. and the other three months in iafl and s5n0 fine. aggregating nine months in jail and a fine of $2.50o.
 To the newspaper men who called to see him. Senator Burton said:
 T shall adhere to my original policy Of saying nothing until my case Is fi- nally determined"
 He would not say in reply to a ques- tion that he intended to take further legal steps, but from the fact that he does not regard his case as finally de- clded in view of the sixty days grant ed for a rehearing. 1t is inferred that he will do SO. ,,.--
 On the point of constltutlonality Justice Harlan said in the course of his opinion; -.,....,. that legislative powers herein granted shall be vested In a Congress, it Is meant that Congress, keeping within inc limits of its powers and observing the restrictions imposed by the consti- tuition may in it's discretion, enact any statute appropriate 10 accomplish the objects for which the natlohal govern u,ent was established
  direct relation 10 those objects and can he executed without in any degree Imrugning upon the riEhtful authority of inc senate over it's members or ln- terfering with the discharge of the le- eitImatc duties of a Senator.
 .'The proper discharge of these duties does not require A Senator to appear before any executive department In order to enforce his particular views or Inc views of others In respect of mat fer committed to that department for detormination He may often do so without lmrropriety. and so far as ex- fs+inq law is concerned. may do so whenever he chooses, provided he neith- ar agrees 10 receive nor receives com nar cation for such services.
 with Congress when passing this rtatute knew. as indeed everybody I,new that executive officers are apt And not unnaturaly. to attach great. sometimes. perhaps undue weight to tbe wishes of Senator's. The statute, has for its main object to secure the in- tegritv of executive action against un- due influence upon the part of members of that branch Of the Government