The Goodland republic., 1906-05-25
). r. BBRT0H LOST IT'S CASE
sUPREE COURT AFFTRsis De
cIaON OF LOWER COURT
me Penalty Is Six Months in Jan and
S2,5OO Fine-Sfxty- Day stay
Granted.

court OF the United States today rem
dered a decision IN the case OF United
States Senator Ralph Burton OF kan
sas- The decision was against Bur
ton Affirming the decision OF the Unit
ed States circuit court for the eastern
district by which Burton was sen
fenced TO SIX months Imprisonment in
the jail OF Iron county NO. required
to pay a fine OF $500 and deprived
OF the right to hereafter hold Office
under the government
EveFy Point OTerTGled-
The opinion was by Justice Harlan
All Of the points made in Burton s
interest were OYerruled-
Senator Burton was prosecuted on
the charge Of violating section 1872
OF the revised statutes which prohi-
bits senators and Representatives from
receiving compensation for service
before any OF the governments In any
manner IN which the government may
be interested. He was specifically
charged with accepting a fee OF $500
per month for i've months from the
Riato Grain and Securities Company
Of St Louis for services rendered that
company IN an effort TO prevent the
issuance OF an order by the posto1-
fee department prohibiting the use OF
the mails by the company.
U S. Statute Upheld.
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 reversed the
decision in the first instance because
/ il was made TO appear that the money
was paid in Washington and not IN
St Louis where the case was tried
It was contended on behalf Of Sena-
tor Burton that the fee was paid on
account OF a criminal proceeding
against one Of the members OF the
RialtO company and not because OF
go r-arrT7awad in 4nn nTTE
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 res
poets and held to be fully applicable
senate Must Take Action.
That the senate viii be compelled
to take cOgnizance Of the case is in
dicated by the decision in the follow
ing extract:
9.,The fnal Judgment Of conviction
did not operate ipsG factO to vacate the
seat of the convicted senator, nor
compel the senate to eXpel MIN or 70
regard him as expelled by force alone
of the Judgment The seat into which
he was originally inducted as q SEN
ator from Kansas 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 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"
Crime in st. Louis.
On the point that the crime was
not committed at St Louis Justice
Harlan said;
I'm view of these circumstances it
cannot be maintained that the pres
Burton, from St Louis, at the time
I his offer was accepted and the agree
ment between him and the company
was completed and became binding,
! deprived the federal court there OF
/ jurisdiction He sent his Offer to st
/ Louis with the intent that it should be
! there accepted and contaminated
/ Having been completed in that city in
! conformity with the intention OF both
/ parties, an OffenSe was, in the eye OF
Il the law, committed there, and when
the court below assumed jurisdiction
| OF this case it did not offend the con-
stitutiOnal requirement that crime
/ against the United States shall be
tried in the state and district where
il was committed.
Three justices Dissent
justices Brewer, White and Peck
ham, united in a dissenting opinion
opinion was based on the theory that
l the United States was not legally in
/ terested in the case against the RialtO
( company in which Burton was en-
/ plOyed as counsel
Immediately after promul eating its
/ decision in the Burton case the su-
preme court Of the United States to-
l day granted a motion to give sixty
| DAYS to Senator Burton in which to
prepare a petition for a rehearing.
The action viii have the effect Of tax
ing the case over until the next term
Of court, beginning in October as the
/ present term will expire next Mon
day.
Fine and Imprisonment.
/ 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 a fine Of
/ $4,000, and the other three months In
Jail and $500, aggregaung nine
months in jail and a fine Of S2,500-
Senator Burton received the first
at his room in the Raleigh hotel
! where he is stopping To the news
] paper men who called to see him Sen
ator Burton said:
I II shall adhere to my original pol
icy Of saying nothing until my case IS
finally determined. %
He would not say, in reply to q
question that he intended to take
further legal steps, but from the fact
that he does not regard his case as
finally decided, an view Of the sixty
\ days. granted for q rehearing, il is in
lferFed that he viii do so.
May Declare Seat Vacant
Washington, Nay elf Senator
Burton does not resign ''at once" as
a prominent senator puts It, resO-
luton VIII be introduced to declare
his seat vacant