The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-05-24
BURTON GUILTY;
SENATOR NO MORE.
Kansan Loses in His Appeal to the
United States Supreme
Court

United States Supreme
Court.
WASHINGTON, d. c., May 21.-
The supreme court of the United States
today rendered decision in the case
of United States Senator Ralph Burton
of Kansas.
IF Senator Burton does not resign at
once" as Il prominent senator put it TO-
day, "a resolution will be introduced to
declare his seat vacant"
Severe Penalty Affirmed.
The decision was against Burton, af
firming the decision of the United States
circuit court for the eastern district of
Missouri, by which Burton was SEN
fenced to six months Imprisonment III
the Jail of Iron county, Missouri, re-
quired to pay fine of $500 and de-
prived of the right to hereafter hold
office under the government
The opinion was by Justice Harlan.
All OF the points made in Buttons inter
est were overruled. Senator Burton was
prosecuted on the charge of violating
section 1852 of the Revised Statutes,
which prohibits senators and represeu-
tatiyes from receiving compensation for
services rendered before any of the gov
eminent departments i'll any matter i'll
which the government may be interested.
Former Appeal Was Won.
The charge against Senator Burton in
this case is the same as that preferred
when the case was before the court last
year, except that in this case the receipt
of money by Burton in St Louis is al
legged.
The reversal of the decision of the cir
cult court on the former appeal was
based upon the failure to show that fact.
The charge against Burton is that of
statutes prohibiting senators and mem
bers of the House receiving compensa-
ton for services rendered i'll relation to
any proceeding in which the United
States is interested. Burton is charged
with accepting fee of $500 a month
from the Rialto Grain and Securities
company of St. Louis for representing
that company before the postoilice de-
partment in Il proceeding charging that
company with the fraudulent use of the
mails.
Denied He Had knowledge.
The government urged that Mr. Bur
ton had entered upon the discharge of
his service ut counsel with full lluowl-
edge of the facts, while it was cuutendCd
on behalf of Mr.. Burton that he had
not in the beginning been the r"prcScn-
tutive of the Rialto company out the
personal attorney for Major Dennis of
that company in the matter Of n per-
sunal prosecution against him.
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 against the Rialto company in
which Burton was employed rs counsel.
Immediately after promulcating it's de-
cision in the Burton case the supreme
court granted a motion to give sixty days
to Senator Burton in which to prepare Il
petition for a rehearing The action will
have the effect of taking the case over
until the next term of court beginning III
October as the present term viii expire
next Monday.
Senate Must Act.
That the Senate will Toe compelled to
take cognizancc of the ease is indicate
by the decision in the following extract:
The final Judgment of conviction did not
operate ipso faCto to vacate the seat of the
convicted senator, nor compel the SENATE
to eSpel him or to regard him as expelled
by force alone of the Judgment The seat
into which he was originally inducted as Il
senator from Kansas could only become
vacant by his death, or by expiration of his
term of Office, or 10y some direct action On
the part of the Senate in exercise of its
constitutional Lowers.
Justice Harlan also held that sentence
could not cover an election to the Senate
as they did not hold their places under
the government of the United States"
Place of Crime Considered.
On the point that the crime was com
mtted mt st. Louis Justice Harlan said:
In view of these cases it cannot be main
tanned that the personal absence OF the de.
l..
time has offer was accepted, and the agree.
ment between him and the company was
completed ana because binding deprived
the federal court there Of jurisdiction. He
sent his officer to st Louis with the intpu.
ton that 1t should hr there accepted and
contaminated Having been completed In
that city in conformity with the intention
of both parties, an ollrusr was. in the eye
of the law, committed there and when the
court below assumed jurisdiction of this
case II did not offend the constitutional re
quiremcnt that II crime against the United
States shall he tried In the state and dis
trist where Is was committed.
Important Point in Decision.
The supreme court says as to the consti-
tutionality question in the Burton case;
There can be no reason why the gov
erumcnt may not hy lrgislatlon protect
against everything. from whatever source
it proceeds, that tends or may tend TO cor
ruption or inetlicienCy In the management
of public affairs. A senator cannot claim
immunity from legislation directed to that
end simply because he is a member Of Il
body which does not owe its existence to
Congress and with whose constitutional
functions there can bc no interference.
mo man In this country" this court has
said "is so high that he Is above that
law. No officer of the law may set that
law at defiance with lmpunity. All the
officers Of the government, from the high
81 tlp lowest creatures OF the law
and are bound to obey IT,