The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-22

Jurisdiction OF this case ii did not onend
crime against the United States shall be
tried In the Stntc and district where II
was committed.
Burton Says Nothing.
Senator Burton received tn" fret news
OF the court s decision by telephone at his
room In the Raleigh hotel whore ne We
stopping To the newspaper men VINO
called TO Gee him, Senator Burton said;
II shall adhere to my original policy or
Se{fan9gn@S Se{f,ng mSi" he % Would not say, in reply
10 a question that he Intended to take
further legal steps; but from thc IaGt n, 'hat aa
he does not regard his case az finally De,
cidcd In view of tho sixty days granted
for a rehearlug, II Is inferred that ne VIII
do so.
statement of Justice Harlan.
IN tho po,nt OF constitutIonality, Justice
Harlan said, in the course OF ms Uo'",p, tSst
ali lsRisIativo powers herein granted shaa i o.
vested In Congress OF me Cntsu ,tsI I'm IIn,ii,
meant that Congress, keeping within tne lln,Its ny,
~ ITs powers and observing the restrictions I'M
poscd by the Constituton-naS IN its @ @olecrs
lion enact any statute appropriate 70 accom- com
nIIsb ,ha objects for which the National GOV
ernment was established. a statute rko the
before us has direct TcIG,om G,,ut 70 IN sny de-
gree infringing upon the riBhti"l autnoI,S ot
Tho senate over it's members or interfering
,,,h the discharge OF tho legitimate duties OF
a Senator.
Must Not Take Pay.
The proper discharge OF those duties does
NOT REQUIRE a Senator to appear before an eS-
ecutive department In order 70 snIo'ce ms
particular Views tho viows OF others. In re.
snsct 10 rnastor committed 10 that department.
for determination. Ho may often do 80 with
out impropriety. and ss far as existing law 10
oonoerned-rnay do so whenever no choose5-
provided he neither ngreer 10 receive nor re-
ceives compensation Tor sven. soGm ecIr,eS e in
deed everybody Knew, that executive oincere
NOT apt and not unnaturslly' 20 s.taIn -,
great-eometimeS perhaps undu-Welght 10
The statute has for its main object 20 secure
the Integrity OF executive action against duo
influence upon the part OF memocre OF that
branch OF the Government whose favor may
have much TO do with the appointment 70 o,
retain In. public position OF those whose ofhSlal
action Ia sought to control or direct Inc
evils attending such a situation are apparent
and arc Increased when those seeking to In
nuence executive officers nre spurred TO action
by hopes OF pccunlery reward. There can oe
no roason why tho Government may not. by
action, protect each department against such
evils. indeed. against everything from what
ever source IT proceeds. that tends or may tend
10 corruption or inef1lclency In the managemen nj
OF public affairs
Cannot Claim Immunity.
Senator cannot claim immunity from leg
islation directed to that end. simply because
be is q member OF q body which does not owo
its existence 10 Congress and with whose con-
stitutional functions there cnn be no Inter
ference, II that which is enacted In tho form
OF statute is within the general sphere OF
legitimate legislation, as distinguishes from
den by the Constitution, II is the supreme law
OF the land-suprcme over all In public stations
"a we'll as over all the people
seid, is SO high that he is above the law.
No officer Of The law may set tho law at de-
nance with impunity All tho officers OF the
Government, from the highest to the lowest.
are creatures OF the law and are bound TO
obey IT."
Nothing In the relations existing between a
senator Representative or Delegate In Con-
der the Constitution they arc respectively con-
nected from time TO time exempt them
from the rule OF conduct prescribed by section
lIs2 The enforcement OF that rule will not
impair or disturb those relations or cripple the
power OF Senator's, Representatives or Dele
gates 10 meet all richtful or appropriate de-
mands made upon them ns public servants
No Right to Keep Seat.
on the question of the right OF Burton
TO hold Office under the Government in
the future, Justice Harlan said in addi-
ton to what has already been quoted
that that part OF the sentence does moth
ing, more than declare the legal effect
and might have been omitted
I'VE are of the opinion" he added.
that section 17S2 does not by It's neces-
sary operation imPingc upon the author,
States, nor interfere with tho legitimate
functions. privileges or rights of Sena-
tors
United States Interested.
AS 10 the interest" OF the United
States in the proceedings against the
Rialto company he sald
II is, We think mistake to eay that the
United States was not interested In protect
ing Its property: that is. Its malls. against
improper and Illegal use. and In the enforce
ment through the agency OF one OF It's depart
ments, OF statute rotating to their use, II
would give too narrow an Interpretation to the
statute to hold that tho Unied States not
interested In proceedings In tho departments
business before tho Postof1co department In
which the Eialto company concerned did
not assume the form OF suit In which thero
were parties according to the rules OF plead
ing. But IL was. nevertheless. in every sub
stantIal TINT proceeding, matter or
with tho execution Of the act OF Congress
In the dissenting opinion. Justice Brew
er discussed at length the question
whether the United States was interest
ed" as required by the statute in tho
proceeding against tho Rielto company
He cited many authorities and, In part,
said:
II the word ''ntorested" was not usod In
this section In the ordinary legal sense. the
or directly or Indirectly interested" are sur
plusnge. because in respect 10 every proceed
Ing before department or othor tribunal the
United states as parens patrao has In
tercst In the general sense OF the term, indeed
what signfncanee is there In inserting tie
siye. unless come distinct limitation was in
tended TO be placSd7
Intent to Exclude
II the language was ''in relation TO any pro-
eeding before any department, court~martial -
etc, IL would express the. intent to exclude
Senators from appearance foe compensation on
any and all matters before che departments
Inserting tho clause above referred to obyIous-
ly means Limitation. and no other Limitation
10 suggested except TINT which limits It to
matters In which tho Government is peculiarly
Interested.
Whatever the limos of demarcation betveeo
direct and indirect results. the stntuts
is clenr that the Government must be Inter
cstod."
Question Of Successor.
TOPEKA KAN Nav 2l-Goy Hoch