The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-22
DECISION GIVEN
AGAINST BURTON
Supreme Court of United States
Holds the Kansas Senator
Guilty.
HEREAFTER Is BARRED
FROM GOVERNMENT OFFICE
Convicted of Receiving Compen-
sation for Services While
U. S. Senator.

WASHINGTON. Nav 21.-The Supreme
court of the United States today rendered
a decision In the case OF United States
Senator Ralph Burton OF Kansas. The de-
cislon 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
county, Mo. required to pay fine of
$500, and deprived OF tho right TO here
sfter hold Office under tho Government
The opinion was by Justice Harlan. All
OF the points made in Burton's interest
were overruled.
Details of Charge
Senator Burton was prosecuted on the
charge OF violating section lIS2 of the re-
vised statutes, which prohibits Senator'S
pensation for services rendered before
any OF the Government departments In
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.
pany In an effort to prevent the issuance
OF an order by the Postonice department
prohibiting the use Of the malls by tho
company.
Was Second Appeal.
This was Senator Burtons second ap-
peal 10 the Supreme court In the FIRST
case the Circuit court fund him guilty and
imposed the same penalty that was I'M
posed IN the present case but the Su-
preme court reversed the decision In the
first instance, because IT was mnde 10
appear that the money was paid "
Washington and not In St. Louis, where
the case was tried.
Contention of Defendant.
1t was contended on behalf of Senator
Burton that the fee was paid on account
OF a criminal proceeding against one OF
tho 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 qualification of its members;
but this doctrine was not upheld by JUS
tice Harlan's opinion. The statue was
upheld in oil respects and held to be fully
applicable 10 Burton's case
Three Justices Dissent.
Justice Brewer. White and Peckham
united in a dissenting opinion delivered
based on the theory that the United
States was not legally interested In the
case against the Rialto company, In
which Burton was employed as counsel
Immediately after promulgating It's de-
cison In the Burton case. the Supreme
court Of the United States today granted
motlon TO give Sixty dANs TO senator
Burton in which to prepare petition for
r rehearing.
Will Take Case Over.
The action will have the effect OF TAX
ing the case over until the next term
of court, beginning In October. as the
present term will expire next Monday.
That the Senate will be compelled to
take cognizancc OF the case is Indicated
by the decision in the following extract
Text Of Decision.
THE final judgment of conviction did
not operate ipso facto to vacate the seat
of the convicted Senator. nor compel the
Senate 10 eNpel him or 10 regard him ns
expelled by force alone OF the judgment,
The scat into which he was originally In
Quoted as Senator from Kansas could
only become vacant by his death or by
expiration OF his term OF office, or by
Senate. in exercise OF its constitutional
powers"
Justice Harlan also held that the SEN
ate could not cover an election to tho
United States Senate, 'as they do not
hold their places under the Government
of INC United States"
On the point, that tho crime was not
committed at st. Louis. Justice Har-
Ian said.
AS to Place of Crime.
I'm View of these cases it 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 COM
pany was completed and became binding
deprived the Federal court there OF turis-