Omaha daily bee., 1906-05-22
lStioe Harlan Hands Down Opinion Over
ruling All Pleas Of Defense.
REwER, PEcEHAM AND WHITE DISSENT
They Hold that United States is Not
Interested in Case,
SIXTY DAYS TO FILE NEW PETITION
Permit VIII Garry Case over 70
October Term senate VIII
Declare Burton's seat
vacant.

WASHINGTON. May H-The supreme
court Of the United States today rendered
a decision in the case of United States
against Senator Ralph Burton from Kan
sas, The decision was against Burton at
f1rming the decision Of the United States
district for the western district OF Missouri
by which Burton was sentenced to six
months imprisonment in the jail OF Iron
county Missouri, required to pay fine of
$500 and deprived of the right to hereafter
I hold office under the government
The opinion was by Justice Harlan All
OF the points made in Burton's interest
were overruled.
Justices Brewer. White and Peckham
united in a dissenting opinion delivered
by Justice Brewer Their opinion was
based on the theory that the United States
was not legally interested in the case be-
against the Rialto company by which Bur
ton was employed as counsel.
Senator Burton was prosecuted on tha
charge of violating section l7s2 of the
revised statutes, which prohibits senators
and representatives from receiving COM
pensation for services rendered before any
of the government departments in any
matter in which the government may lie
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 ef-
fort TO prevent the Issuance of an order
by the Postoffice department. prohibiting
the use of the mails by the company.
second Appeal.
This was Senator Burton's second appeal
to the supreme court. In the first case the
circuit court found him guilty and imposed
the same penalty that was imposed in the
present case, but the supreme court re-
versed the decision in the first instance be-
cause 1t was made to appear that the
money was paid in Washington and not in
ST. Louis, where the case was tried.
1t was contended on behalf OF Senator
Burton that the fee was paid on account of
the criminal proceeding against one Of the
members of the Rialto company and not
because OF services rendered in the govern
ment prosecution OF the company. The law
under which he was prosecuted was alsc
attacked as unconstitutional on the ground
that the senate was the sole Judge OF the
qualifications of It's members, but this doc
trine was not upheld by Justice Harlan's
opinion. The statute was upheld in all re-
spects and held to be fully applicable to
Burton's case.
IF Senator Burton does not resign" as
prominent senator puts it, a resolution wns
TO be introduced to declare his seat vacant
Burton Declines to Talk.
Senator Burton received the first news OF
the courts decision by telephone at his
room in the Raleigh hotel. where he is stop
ping. To the newspaper men who called
to see him Senator Burton said: "I shall
adhere to my original policy of saying moth
ing until my case is finally determined"
He would not say, in reply TO a question
that he intended to take further legal steps,
but from the fact that he does not regard
his case as finally decided, in view Of the
sixty days granted for rehearing, 1t is
| inferred that he viii do So
Motion for Rehearing.
Immediately after promugating its de-
cision in the Burton case the supreme court
of tho United States today granted a mo-
tion TO give sixty days TO Senator Burton
( in which to prepare petition for rehear-
ing. The action viii have the effect of
taking the case over until the next term
! of court, beginning in October, as the pres
ent term will expire next Monday.
That the senate will be compelled to take
cognlzance OF the case is indicated by the
decision in the following extract:
/ The final judgment of conviction did not
! operate lpso facto TO vacate the seat of the
convicted senator, nor compel the senate
! to eEpel him or to regard him as expelled
! by force alone Of tho judgment The seat
| into which he was originally inducted as a
senator from Kansas could only become
vacant by his death or by expiration of mis-
/ term Of office or by some direct action on
J the part of the senate in exercise Of ita
( 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 government OF the United
! States"
Gossip TO Successor.
! TOPEKA, Kan, May 2l.-Governor Hoch,
who. if Senator Burton's seat were de.
/ cared vacant, would probably appoint a
! successor was asked today;
"Will you appoint W. b. stubbs:"
! Il am not ready to answer that ques-
! ton" replied the governor.
/ "Will you appoint Congressman Charles
/ Curts?"
Governor Hoch replied that he would give
! out nothing for publication today
w r. Stubbs is a railroad contractor
| Of Lawrence. Kan, and recently was chair
man OF the republican state central COM
mittee
The fact Of the matter is" continued
{ Governor Hoch. while I have given the
matter considerable thought, I am not In
a position now to say anything shall
! take some time 10 consider g."
Among those spoken OF by politicians IN
/ connection with the senatorship beside sx-
State Chairman stubbs and Congressman
! Curtis are Judge j. W. Johnston OF the
state supreme court J. J.. Brisiow OF sa-
lima former fourth assistant postmaster
general and Congressman Philip p. Camp
bell Of Pitsburg