The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-23
fHg SENATE ACTS on BURTON
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day's srirtrN Nv ~ tnitei s's,~u %frssH'~
cour. Ishiins ths, Arstnr ig~pb Ralph
Rtnon ~ Nansss go peHiy c7nvIcsei
~ ire cbn'sr N sctep,ins a fee ~ p%fsc'lse
hefora q thrvernnesnt departments. spHts
merirrs ~ tho arnat~ h~iisvs that ti~ time
has cpn,r tof action ~ W psr' IN Senator
hbtton's rae" IN" first step In thlp difrc.
tlon vas taken to-day, when The %sbate
wi,hout dtucussion adopted this r%r~plutlon,
profusesl by Mr. Hale ~ Maios.
n 'nfrsd. fhat the rcmmticr on pfivi
lssca and e~isriipns he directed ~ ~ sniue
into The legal sn~rt 81 tho late deriaipn NJ
The Supren" rouH Nv the cae" ~ Joseph n
Burton. y senator from Kansas. and ~ soon
~ may 10 10 feppr, their frromm ions
~ to what action. n any. shalt he taken nv
the senate
While tho disposit ION ~ he Senate has
been Ia give Burton the chance To- eShaus,
every measure To determine whether hia
conviction and sentence were legal. II Is
felt by many members Of that body that
some action should he taken In his case
before Congress adjourns.
nlN'T w NbITtilte NohEN UNNlbNN uDNh
its opinion Yesterday. Burton's counsel
secured Q stay 81 execution for sixty days,
within which to ale IN application for a
rehearing. When that period expires the
cour will have adjourned until October and
Congress will also have a. adjourned. In any
~event,it would he impossible for the Supreme
Court TO act on an application for a rehear-
ing until the late fall. and there would
probably he no decision until sorn time in
the winter. If Congress- should wait to
take official cogni2ance Of the case until the
Supreme Courts final decree is Issued,
Burton's term az Senator would he prac-
tioally AZ an end, If not already ended. 1t
will expire on March 3, 1907.
II was pointed out to-day that if Burton
should, after the adjournment Of Congress,
decide not to apply for a rehear ring and
should surrender himself for the execution
Of his sentence, his salary as Senator for
the period Of his Incarceration (six months)
would cover or nearly cover the amount Of
the 81 500 fire imposed.
The period within which he may apply
for a rehea ring will not expire for sixty
days, Sundays and legal holidays not in
Guided, and this would give him until bout
August 1 to file the application. The most
conservative estimate Of the date for the
adjournment Of Congress Is July /. and as
the two houses will not meet again until
December, there would be a clear five
months intervening in which Burton could
be dra wing salary from the Government and
at the same time serving out his sentence.
In other words, the Government would be
paying the fine which was imposed as part
of his punishment,
Should a resolution for Burton's expulsion
be reported to the Senate from the Com
mittee on Privileges q Elections it would
doubtless be adopted immediately. Under
his present status he is entitled to mica 60
fees and other p~ecuniary ~perquisites in
addition to his salary. The statute r.
quires that a Senator to obtain his legal
mica ge must D. in attendance at a session
of the body and it ia required that certiica-
ton of that fact shall be made by officers
of the Senate.
Recently the subterfuge was resorted to
of having Burton put his head inside a
doorway of the Senate chamber in order
that he might get his mileage, and the
Congressional Record noted tho N xt day
that Burton was in his seat Notice had
been served on Burton by some Of his ool-
lea gues that If he attempted to exercise
his duties az a Senator, or even appeared
in the cha mber, a resolution for his expul-
sion would be presented. For that reason
he has kept out OF the chamber, pending