Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-21

to nine months Imprisonment in the jail of
Iron county, Mo, required to pay a fine of
s., 500 and deprived of the right 10 hereafter
hold office under the government.
The opinion was by Justice Harlan All
Of the points made in Burtons interest
were overruled
Justices Brewer White and Peckham
united In dissenting opinion delivered by
Justice Brewer. Their opinion was 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
Case Goes Over to October.
Immediately after proma!gatfng it's decis-
Ion. the court granted motion to give
sixty days to Senator Burton In which to
prepare petition for rehearing. The
action will have the effect OF taking the
case over until the next term of the court
beginning in October. as the present term
will expire next Monday.
Senator Burton was prosecuted on the
charge of violating section 1872 of the Re
vised Statutes. which prohibits senators
and representatives from receiving com
pensation for services rendered before any
OF the government departments In any mat
ter in which the government may be In
terested. He specifically charged with
accepting a fee of 5000 per month for five
months from the Rialto Grain and Securi-
ties Company of St Louis for services rem
fered that company in an effort to prevent
the issuance of an order by the Post ONCE
Department prohibiting the use of the mails
BY the company.
This was Senator Burtons second appea!
60 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 re-
Sersed the decision IN the first instance be-
cause 1t was made to appear that the
money was paid N Washington and not in
St Louis, where The case was tried
IL was contended on behalf of Senator
Burton that the fee was paid on account of
q criminal proceeding against one of the
members Of the Rialto company and not be-
cause OF services rendered In the govern
ment 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 doc
trIne was not upheld by Justice Harlan s
opinion. The statute was upheld In all re-
spects and held 10 he fully applicable 10
Burton's case.
Does Not Vacate Senator's Seat
That the Senate will be compelled TO take
cognizance Of the case is indicated by the
following extract from the decision:
THE final Judgment of the conviction did
not operate ips1 facto TO vacate the seat
OF the convicted senator, nor compel the
Senate to eXpcl him or to regard him as
expelled by force alone OF the judgment.
The seat 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 hy some
direct action on the part OF the Senate in
exercise OF It's constitutional powers
Justice Harlan also held that the sentence
couid MOI cover an election of United States
senators as they do not hold their places
under the government of the United
States.
ON the point that the crime was nor
committed at 81 Louis. Justice Harlan
1aid:
In view OF these cases it canuo, be
maintained that the personal absence of
the ueIendant Burton from ST Louis at
the Tune his offer was accepted and the
agreement between him and the company
WAS completed and became binding. de-
lpriveG the federal court there of iurisdic-
tion. He sent his offer to ST Louis with
the Intent that Il should be there ac-
tcepted and consnmmated Having been
ttsompleted at that city in conformity with
the intention of both parties an ofrense
ltWas. in the eye OF the law committed
kthere. and when the court below assumed
l1urisdictilou OF this case Il did not offend
issriTne against the United States shah he
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