The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-24
BURTON SEES BURROWS
Contends That His Case Is in Same
Status as Before.

Washington, May 24.-At the re-
quest of Senator Burton, whose case
recently has been decided by the su-
preme court adversely. a conference
was held yesterday between himself
and the chairman of the senate COM
mittee on privileges and elections,
Senator Burrows. The object of the
Kansas senator was to gain some
knowledge of the proposed procedure
by Senator Burrows committee re-
Narding the resolution introduced by
Senator Hale.
Senator Burton does not contem-
plate resigning. The fact that stay
has been granted by the supreme
court granting him sixty days in which
to file an application for a rehearing
leaves his status. he contends. just as
it was previous to the decision Of the
court and that no action is necessary
by the senate that would not have
been necessary before the recent
opinion was rendered.
Senator Burrows said the commit
tee would take all these questions into
consideration when it met to take up
the resolution.
Senator Burton left for home last
night.
Senator Hale, acknowledged to be
one of the leaders of the senate, and to
dispute with Senator Aldrich the title
to the majority leadership at times, ex-
pressed the belief today that there
would be action by the senate at this
session of congress expelling Senator
Burton of Kansas from the senate
Senator Knox Is understood to be
the leader of those senators who be-
lieve that there should be action in the
! direction of expelling Senator Burton
He was in charge of the department
! of justice when the first charges were
made against the kanSan and is faulil-
I lar with every phase of the case Sem
ator Hale circulated among the sena-
tors and found that there is a decided
( disposition to expel Burton, and to be-
! lieve that the time had come for the
when he first introduced his resolution
/ he did not believe there would be ac-
/ ton. but now he finds that the senti-
ment is so strongly in favor of acting
/ that he will not stand in the way of
action.
Senators Knox Hopkins and others
are open in expressing the opinion that
| Burton should tender his resignation
and thus relieve himself and the SEN
ate of another embarrassment.
Those senators who have urged that
/ the time has come TO proceed against
Burton give several reasons for their
/ position:
l. They say that the history of such
litigation shows beyond reasona BILE
doubt that the United States supreme
court will not grant a rehearing Of the
case.
2. They urge that Burton had am
pie time to vindicate himself and that
he has exhausted all reasonable legal
remedy in his behalf.
8. They urge that he has now had
his case passed upon on its merits by
the court of highest resort Before,
when the case came up, II was re-
manded and not passed upon on its
merits.
4. Under the present situation they
urge that if the senate does not act
/ before adjournment, a few weeks
hence, the court will possibly deny the
rehearing and then Burton will have
| to serve his sentence. If this action
! should come while the senate was in
| vacation, the spectacle would be pre-
sented of a United States senator going
to jail at the time enjoying the full
privileges and membership of that
body.
5. They urge that now the case is
past the point where any interest of
Burton would be prejudiced by action
of the senate. He has had his day in
court and presented his testimony.
There is absolute agreement on the
statement that in any event Burton
will not be given a trial or hearing be-
| fore expulsion. Senator Hale said this,
and so did four other members this
afternoon. If Burton harbors the
hone that he will get a chance to wash
mittee 1t is to be dashed. Even lead
ing Dem mocrats told the Republican
leaders that the status of the case al
this time is such that there could be
no reasonable ground for the de-
manding of a trial or investigation All
senators agree that the present session
Is one that can be best met by Mr.
Burton himself in rendering his resig-
nation. and they express the hope that
he will see it that way and relieve the
senate of the necessity for drastic
action.