Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1906-05-23
SO SAYS rnnls supnE,IE Counr
IN Tim csE or SENATOR
TRITON.
WILL HOLD ms SEAT WHILE HE
LANGUisHkc8 BEHIND THE
BARS.

washington, May 22.-United
States Senator soseph Ralph Burton
of Kansas todes took another step
toward becomt,g an actual convict
when the supreme court affirmed the
decisions of tke lower tribunals
which convicted him. His case now
appears to be almost hopeless. all
though several months must elapse
before the serving of his sentence
can begin
Senator Burtep was convicted on
two counts. ON one he was senten-
ced to serve tHree months in the
Iron county (Missouri) Jail and pay
a fine of $500. on the other he was
sentenced to serss six months In the
same jail and pay fine of $4,000.
His aggregate hhbnity is to serve
nine months in Jail aud pay fine
OF $4,000.
The supreme court by vote of
& to affirmed tho decision OF tho
lower courts. All the rulings OF
Judge Van Deventer were sustained.
Justices White. Brewer and Peckham
dissented from the opinion of their
colleagues. The decision was read
by Justice Harlan, The court allow
ed the counsel for Senator Burton
sixty days In which to ale a motion
for a rehearing OF the case. This
will act as stay and nothing can
be done In the matter until after the
court determines the question OF re-
hearing.
The court will adjourn next Mon
day until the first Monday In octo-
ber. In this way the motion for a
rehearing cannot be made until fall.
Ii the motion is denied the mandate
of the court must ISSUE within thirty
days, after which Senator Burton
must begin serving his sentence. 1t
Is regarded as conclusive that a de-
NAL will be made by the court in
this case and some time In Novem-
Der Burton must become a prisoner
In the Iron county Jail.
Senator Burton was convicted un-
der the law which prohibits any SEN
ator or representative TO practice
before the executive departments.
lie was specifically charged with
accepting fee of $500 per month
for five months from the Rialto
Grain & Securities Company, of St.
Louis for services rendered that com
pany In an effort to prevent the is
suance OF an order by the postofiice
department prohibiting the use of
the mails by the company.
This was Senator Burt j,,'s second
appeal TO the supreme cOurt. IN
ths first case the circuit court II md
him guilty and imposed toe same
pcralty that was imposed ia the
present case, but the supreme court
IeN eTsed the decision in the first lu-
s.ance because II was ma 10 TO ap.
pear that the money was paid in
Washington and uot in ST. Louis
where the case was tried.
IL was conteHded on behalf of Sen.
ator Burton that the fee was paid
on account or criminal proceeding
against one Of the members OF the
Rialto company and not because OF
services rendered IN the government
prosecution Of tho company. The
law under which ne was prosecuted
was also attacked as unconstltutlon-
al 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 opln-
Ion. The statute was upheld In all
respects and held to be fully appIl-
cable In Burton's case.
Senator Burton received the FIRST
news OF the courts decision by tel
ephone at his room in the Raleigh
hotel where he Is stopping. To the
newspaper men who called to see
him Senator Burton said ~ shall
adhere TO my original policy OF say
ing nothing until my case Is nnally
determined
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