The San Francisco call., 1906-05-22

WASHINGTON. May 21.-The Su-
preme Court of the United States to-
day rendered decision in the case of
United States Senator Ralph Burton
II 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 months
Imprisonment in the Jail of Iron Coun-
". No; required 10 pay a 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 Burton's in
terest were oveITuled.
Senator Burton was prosecuted on
he charge Of violating section 1882 Of
the Revised Statutes. which prohibits
Senators or Representatives from re-
ceiving compensation for services rem
dered before any Of the Government
departments in any matter in which
fae Government may be interested he
was specifically charged with having
accepted a fee Of $500 a month for five
months from the Rialto Grain and Sc
curities Company ct St. Louis for serv-
ices rendered that company in an ef-
fort 10 prevent the issuance of an or
der by the PostOffice Department pro-
hibiting the use oE the mails by the
company.
This was Senator Burton's second
appeal 10 the Supreme Court In the
first case 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 10 appear that the money
vas paid in Washington ard not in St
Louis. where the case was tried.
DEFENSE OF THE SENATOR.
L was contended on behalf Of Sen
stor 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
u-der which he was prosecuted was
o--ac,-ed as unconstitutional, on the
-re-lrd that the Senate was the sole
5ge or the qualification OF its mem
',--s but this doctrine was not upheld
bv Justice Harlan's opinion. The
statute was upheld in ali respects and
hid 10 be fully applicable to Burton's :
case.
Justices Brewer. White and Peck
lam united in a dissenting opinion,
delivered by Justice Brewer. Their
r.7-ri11 was based OF the theory that
- United States vas no legally in
ztcd IN the case against the Rialto
-lDanv. I'm which Burton WIS en-
;,l,--ef % 3 counsel
On the point that the crime was not
committed in St. Louis Justice Harlan
said:
IN view Ct these cases it cannot be
l-7ointained that the personal absence
r. the defendant. Burton, from St
Louis. at the time his offer was ac-
cenrel and the agreement between him
~D1 the company was completed and
ocome binding, deprived the Federal
Court there Of jurisdiction. He sent
rs offer to St. Louis, with the intent
ifat Il should be there accepted and
~ansurnmated. Having been completed
n tfat city in conformity with the
intention OF both parties, On offense
was. IN the eve of the law. committed
tlere and when the court below as
siinaed Jurisdiction OF this case Il cid
not offend the constitutional require
rnent that a crime against the United
States shall be tried in the State and
district where Il was committed.
The sentence Of Senator Burton was
il two. parts. as he was convicted on
two counts Of the Indictment. One
was six months in jail and a fine Of
$4,000. and the other three months in
fail snd $500. aggregating nine months
IN Jail and a fine Of $500.
SIXTY DAYS OF GRACE.
Immediately after promulgating Its
decision IN the Burton case the Su-
preme Court Of the United States today
granted q motion TO give sixty days TO
Senator Burton in which 10 prepare
z petition for a Tehearing.
The action will have the effect of