The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-21
United States Supreme Court
Aff1rms Verdict.
Six Months Sentence and 50, 500
Fine Will Stand.
NOT OUT OF OFFICE.
Conviction Doesn't Make the
Position Vacant.
Given Sixty Days to Make Motion
for Rehearing.
THREE DO NOT AGREE.
Justices Brewer, White and
Peckham Dissent.
Governor Hoch Refuses to Talk
of Successor.
THREE DO NOT AGREE.
Justices Brewer, White and
Peckham Dissent.
Governor H0ch Refuses to Talk
of Successor.

Washington. May A.-The supreme
court Of the United States today render
ed a decision in the case of Senator
Ralph Burton of Kansas The decision
was against Burton, affirming the de-
cision of the United States circuit court
for the eastern division Of Missouri by
which Burton was sentenced to SIX
months imprisonment in the Jail Of Iron
county. Missouri required to pay fine
of $500. and deprived of the right to
hereafter hold Office under the govern
ment
The opinion was by Justice Harlan
All of the points made in Burton's in
teTest were overruled-
Senator Burton was prosecuted on the
charge of violating section 1882 of the
revised statutes which prohibits SEN
ators and representa- tives 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
specifically charged with accepting
fee of $500 per month for five months
from tn Rialto Grain & Securities
company of St Louis for services rem
dered that company in an effort to pre-
vent the issuance of an order by the
postofice department prohibiting the
use Of the mails by the company.
Burton's second Appeal.
his was BLrton's second appeal to
the supreme court In the first case
the circuit couztef051nd him guilty and
imposed the some penalty that was i'm
posed in the present case but the su-
preme court reversed the case in the
first instance because 1t was to appear
that the money was paid in Washington
and not in S. Louis, where the case was
tried.
1t was contended on behalf of Sen
ator 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
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 qualifications of its
members, but this doctrine was not
upheld by Justice Harlan's opinion.
spects and held to be fully applicable
to Senator Burton's case.
Justices Brewer, White and Peck
ham united in a dissenting opinion de-
Hvered by Justice Brewer Their
opinion was based on the theory that
the United States was not legally in
terested in the action against the
Rialty company in which Burton was
employed as counsel.
co Over Till October.
Immediately after promuIgating its
decision in the Burton case. the su-
preme court of the United States to-
day granted motion to give sixty
days to Senator Burton in which to
prepare a petition for rehearing.
The action Will have the effect of
taking the case over until the next
term of court, beginning in October
as the present term will expire next
Monday.
That the senate viii be compelled to
take cognizance of the case is indi-
Gated 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 expel him or TO
regard him as expelled by force alone
of the judgment. The seat into which
he was originally inducted as a 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 the
exercise of its constitutional powers. .
Justice Harlan also held that the
court could not cover an election to
the United States senate as they do
not hold their places under the gov
ernment Of the United States"
Committed in St. louis.
On the point that the crime was NOT
committed at St. Louis, Justice Harlan
said:
In view of these cases it cannot he
maintained that the personal absence
Of the defendant Burton. from St. /. .o11is
a the time his offer was accented and
the agreement between him and fba
company was completed and became
binding, deprived the federal court there
OF Jurisdiction He sent his offer tn
St Louis, with the intent that it Should
be there be accepted and consumuafed
Having been completed in that CITY in
conformity with the intention OF both
parties an offense was in the eve of
the law, committed there and when the
court below assumed jurisdiction of
this case II did not offend the constitu-
tional requirement that a crime against
the United States shall be tried in the
state and district where it was com
rnitted."
Burton Refuses to Talk.
Senator Burton received the frsf
news of the courts decision bv fele-
phone at his room in the Raleiob
hotel, where he is stopping. To the
newspaper men who called to see him
Senator Burton said:
Il shall adhere to my original. pol
Icy Of saying nothing until my case is
finally determined
he would not say, in reply to a