The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-22
court DECIDES
AGAINST BURTON
Must Serve Six Years in Jail
and be DISTINGUISHED
OPINION BY JUSTICE HARLAN
He Is Charged With Praetlcins Before
the Departments in Matters In
Which the Government
Is Interested.
OPINION BY JUSTICE HARLAN

Washington, May 2l-The supreme court
of the United States today rendered a
decision in the case of United States SEN
ator John Ralf Burton of Kansas. The
, decision was against Burton, affirming
the decision of the United States circuit
court for the eastern district of Missouri,
by which Burton was sentenced to six
years Imprisonment in the jail of Iron
county, Missouri. required to pay fine
of $500 and deprived of the right here
after to hold office under the govern
ment
The opinion was by Justice Harlan. All
of the points made in Burton's interest
were overruled Senator Burton was pros
eeuted on the charge of violating section
1852 of the revised statutes which pro-
hlbits senators and representatives from
receiving compensation for services rem
dered before any government department
in a matter in which the government may
be interested. He was specifically charged
with accepting a fee of $500 per month
for five months from the Rialto Grain
and Securities company of st. Louis, for
services rendered that company in an eff
by the postoffice department prohibiting
the use of the mails by the company.
This was Senator Burton's second APP
peal to the supreme court.
.l Motion Granted
| Justices Brewer White and Peckham
united in an dissenting opinion. Their
opinion was based on the theory that the
~ l.,ta fo1
in the case against the Rialto company
In which Burton was employed as counsel.
Immediately after promulgating its de-
oision In the Burton case the supreme
court of the United States today granted
a motion to give sixty days to Senator
Hurton 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 Mon
day.
That the Senate will be compelled to
take cognzance of the case is indicated
by the decision in the following extract:
, 1.-THE final Judgment of conviction did
not operate ipso facto to vacate the seat
} of convicted senator nor compel the Sen
! ate to expel him, or to regard him as
expelled by force alone of the judgment
The seat into which he originally
indicted as a senator from Kansas City
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 SEN
tence could not cover an election to the
l. ..x1I 4t.At~ all.
under the government of the United
States"
, On the point that the crime was not
l | committed at ST. Louis Justice Harlan
[ | said:
a .In view of these cases 1t cannot be
, maintained that the personal absence of
, the defendant, Burton, from st. Louis at
the time his offer was accepted and the
: agreement between him and the company
| was completed and became binding, de-
r prived the federal court thereof of juris-
diction. He sent his offer to St Louis with
= the intent 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 the law committed there and when
the court below assumed jurisdiction of
this character. it did not offend the con-
stitutional requirement that a crime
against the United States shall be tried
: in the state and district where 1t was
committed
Sentence In Two Parts.
The sentence of Senator Burton was
in two parts, as he was convicted of two
counts of the indictment. One was six
months in Jail and a fine of $1,000, and
the other three months IN Jail and $500 in
, fine, aggregating nine months in Jail and
$ a fine of $500
To the newspaper men who called to
see him Senator Burton said:
IT shall adhere to my original policy OF
: saying nothing until my case is finally
i determined"
Y He would not say in reply to a question
that he intended to take further legal
steps, but from the fact that he does not
regard his case as finally decided in view
| of the sixty days granted for a rehearing,
I 1t is inferred that he will do so.
| On the point OF consttutionality Justice
Y | Harlan said In the course of his opinion
1.-THE provision of the constitution that
| legislative powers herein granted shall
| be vested In a Congress of the Congress,
| 1t is meant that Congress- keeping within
the limits of its powers and observing
the restrictions imposed by the consti-
tuition may in its discretion enact any
statute appropriate to accomplish the OBJ
| jects for which the national government
Q was established. A statute like the one
@ before us has direct relation to those OBJ
r jects and can be executed without in any
= degree impunging upon the rightful au-
q thority of the Senate over its members or
interfering with the discharge of the legti-
mate duties of a senator.
1.-THE proper discharge of these duties
does not require senator to appear be-
fore any executive In order to enforce his
particular views or the views of others
L in respect of matter committed to that
. department for determination. He may
often do so without improprlety and so
d far as existing law is concerned may do
3 so whenever he chooses provided he
v neither agrees to receive nor receives
. compensation for such services
Congress Knew.
.'Congres when passing this statute
knew, as indeed everybody knew, that
. | executive officers are apt and not un-
: naturally to attach great, sometimes per-
haps, undue weight to the wishes of SEN
: ators. The statute for its main object to
!. secure the integrity of executive action
h00dse Dsn1c