The midland journal. (Rising Sun, Md.) 1885-1947, 1906-05-25
BURTON MUST
PAY THE PENALTY
U. S. Supreme Court is Against Kansas
Senator.
CAN PETITION FOR A REHEARING.

CAN PETITION FOR A REHEARlNG.
Supreme Court Of the United States AfflFms
the Judgement Of Lower Court, Which
Convicted tiim ofImproperly Accepting Fees,
and Sentenced Him to Serve Six Months.
Besides Paying Pine.
Washington, D. c., lSpecial).-The
Supreme Court of the United States
Monday rendered decision in the case
of United States Senator Joseph R. Bur
ton of Kansas. 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 nine months
Imprisonment in the jail of Iron County,
Missouri, required to pay fine OF ST.
500 and deprived of the right to here
after hold Office under the Government.
The opinion was by Justice Harlan.
All of the points made in Buttons IN
terest were overruled.
Immediately after promulgating its
decision the Supreme Court granted
motion to give 20 days to Senator Bur-
ton in which to prepare petition fer
rehearing. The action will have the eff
feet OF taking the case over until the
next term of the Court, beginning in
October; as the present term will expire
next Monday.
Senator Burton was prosecuted on the
charge of violating Section 1882 of the
Revised Statutes, which prohibits Sen
ators and Representatives from receiv-
ing compensation for services rendered
before any of the Government depart
ments in any matter in which the Gov
eminent may be interested. He was spe-
officially charged with accepting fee OF
$500 per month for five months from the
Rialto Grain and Securities Company of
St. Louis for services rendered that Com
pany IN an effort to prevent the issuance
of an order by the Postofhce Depart
ment prohibiting the use of the mails by
the Company.
This was Senator Burton's second APP
peal to the Supreme Court In the flrst
case the Circuit Court found him guilty
and imposed the same penalty that was
imposed in the present case, but the SUI
preme Court reversed the decision in
the first instance because it was made
to appear that the money was paid IN
Washington and not in ST. Louis where
the case was tried 1t was commended on
behalf of Senator Burton that the fee
was paid on account of criminal pro-
ceeding against one of the members OF
the Rialto Company, and not because OF
services rendered in the Government
prosecution of the Company. The law
under which he was prosecuted was also
attacked as unconstitutional on the
ground that the Senate was the sole
Judge of the qualification of its members.
but this doctrine was not upheld by
Justice Harlan's opinion. The statute
was upheld in all respects and held to be
fully applicable to Burton's case.
Justices Brewer, White and Peckham
united in 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, III
which Burton was employed as counsel.
If Senator Burton does not resign at
once" as a prominent Senator puts it,
a resolution will be introduced to declare
his seat vacant.
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 fine of $1,000, and
the other three months in Jail and $500,
aggregating nine months in Jail and a
fine of $500.
Senator Burton received the first news
of the Courts decision by telephone at
his room in the Raleigh Hotel, where he
is stopping. To the newspaper men who
called to see him Senator Burton said:
Il shall adhere to my original policy
of saying nothing until my case is finally
determined"
He would not say, in reply to ques-
ton, that he intended to take further le-
gal steps, but from the fact that he does
not regard his case as finally decided, N
view of the 60 days granted for re-
hearing, it is inferred that he will do So
That the Senate will be compelled to
take cognizance of the case is indicted
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 expef him or to regard him as
expelled by force alone of the judg-
ment. The seat into which he was orr
ginally indicted as Senator from Kan
sas 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 exercise of its Con-
stitutional powers"
Driven Crazy By Storm.
Boston, Mass, (SpeciaD.- Driven in
cane hv heav,, thunderstorm, ,,,h;1a n