Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-05-21
SUPREME COURT
AGAINST BURTON
Affirms Decision of U. S. Circuit
Court Sentencing Kansas Sen.
ator to Imprisonment.
HIS POINTS ALL OVERRULED.
Given sixty Days 10 Prepare Reheur-
ing Pctition--lic Probably
VIII Resign

Washington. May 2l.-The supreme
court OF the United States today rem
dered decision IN he case OF United
states senator Ralph Burton of Kan.
Sas The decision was against Burton
affirming the decision OF the United
states circuit court for the Eastern dis
trlct of Missouri, by which Burton was
sentenced to nine months imprisonment
in the jail Of Iron county, Mo-. required
to pay fine Of $500, and deprived Of
the right TO hereafter hold office under
the government
The opinion was by Justice Harlan.
All of the points made in Burtons in
terest were oyerruled.
Senator Burton was prosecuted on the
charge of violating section 1852 Of the
revised statutes, which prohibits sena-
tors and representatives from receiy.
ing compensation for services rendered
before any Of the government depart
ments in any matter in which the gov
erpment may be interested. He was
specifically charged with accepting a
fee Of 5000 per month of five months
from the Rialto Grain & Securities
company of ST. Louis for services ren-
dered that cQhpany in an effort TO pre-
vent the issuance of an order By the
postotIice department prohibiting the
use Of the mails by the company,
This was Senator Burtous second an
peal TO the supreme court In the first
cese 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 II was made
to appear that the money was paid N
Washington and not in St Louis, where
the case vas tried.
1t was contended on behalf Of SEN
ator Burton that the fee was paid on
account OF criminal proceedings against
one Of TIE members of the Rialto COM
pany and not because Of services rem
dered IN the government prosecution of
the company. The law under which he
was prosecuted was also attacked IA
unconstitutional on the ground that the
senate was the sole Judge of the qualif-
cation Of it, members, but this doctrine
was not upheld by Justice Harlan's
opinion. The statute was upheld In all
respects and held to be fully applicable
to Buttons case.
Justices Brewer, White and Ptckham
united in dissenting opinion, deliver
ed BIZ Justice Brewer. Their opinion
was based ON the theory that the
United States was not legally interest
ed IN the case against the Rialto com
pany in which Burton was employed as
counsel.
Immediately after FORMULATING Is
decision IN the Burton case, the supreme
court of the United states today grant
ed a motion 20 give 60 days To Senator
Burton In which to prepare a petition
for a rehearng.
The action VIII 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 10
take cognizance Of the case is indicat-
ed by the decision IN the following eX-
tract;
The final Judgment Of conviction
did not operate ipso factor to yacate
the seat of the convicted senator, uoi
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 indicted as a senator
from Kansas could only become va
cant by his death, or by expiration or
his term OF office, or by some direct
action on the part Of the senate. in ex-
ercise OF it's constitutional powers"
Justice Harlan also held that the
senate could not cover an election to
the United States senate as they do
not hold their places under the gov
eminent of the United States"
If Senator Burton does not resign
at once" as a prominent senator
puts IL. a resolution will be introduced
TO declare his seat vacant.
Senator Burton received the first
news OF the courts decision by tele-
phone at his room In the Raleigh hotel,
where he Il stopping To the news
paper men who called to see him, Sena-
tor Burton said
II shall adhere to my original policy
OF saying nothing until my case Is IN
ally determined He would not say,
In reply to a question, that he Intended
10 take further legal steps, but from
the fact that he does not regard hts
case as finally decided, IN view of the
sixty days granted for re-henring, 1t
is inferred that he will do so.