The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-03
THEY WONDER WHY.
Kansans Speculate About. Delay in
Burton Decision.

Washington, May 3@The fact that
the supreme court did not hand down
It's expected decision IN the case of
Senator Burton on Monday of this
week led to some speculation as to
whether 1t did not mean that the court
had found Burton guilty, as charged;
and would therefore postpone any an
nouncement Of the decision until next
October.
There is no good reason to believe
that this viii be the case. The failure
70 announce the decision Monday does
not mean that there will be any post
ponement of the announcement of the
decision.
The court viii hand down decisions
on two more occasions before it adj
Journs Tor the summer vacation. These
dates VIII be May II and May g.
1t IS likely that on one of these days
the decision win be made known
on May % the court will adjourn
until early in October. when the new
term viii commence.
Kansans had confidently expected
the decision last Monday. They flock
ed TO the court room to hear it given
out The case is No. 539, and the
word was passed around that it might
be known. as in each case the number
was announced. whether it was the
long expected Burton decision Case
aIter case was decided, but no Burton
case; and at last the chief Justice was
There is no reason for believing that
the court would postpone its decision
merely because it might be adverse to
Mr.. Burton. The theory advanced by
believers of this idea was that, having
decided he was guilty. the court
would give Burton further time for
continuing to occupy his Office and
draw his salary by leaving official an
nouneement Of the decision until fall.
The very reason argued for such a
course was sufficient to condemn it.
The supreme court is great, dig
nitied body; a tribunal of last resort.
It has never been known to fear any
one or anything; and it has never gone
to any great extent into the humani-
tartan business. If Burton was inno-
cent, according to the court, it would
speedily announce this fact; and il
guilty, the same course would be like
~ to be pursued
In fact, and quite the contrary to
these stories that have been floating
about, 1t is believed by many who
nave been close observers that, If the
court nnds Burton guilty, it will take
such pronounced ground on the prop
os1tlon as to leave little for Burton to
stand on, in continuing to occupy his
position. In other words, the decision
itself Will practically force a resigna-
ton, or force the senate to declare
the seat vacant
INC QUCStiOil lICH arises what Will
be done in Kansas Who will want a
senatorship for a few months; for it
will only last until March 3, next?
In observing the manner in which
decisions are announced in the SUI
preme court, one is struck with the
fact that the youngest justice in point
of service announces his decisions first;
the chief Justice last Mr. Justice Day,
McKinley's friend, secretary Of state
and representative in the peace confer
enee at Paris, after the war with Spain.
is the youngest justice. according to
service. He speaks first. Next Justice
Holmes. son of the man who wrote the
"Autocrat of the Freak fast Table" an
nounces his decisions. Next comes
Justice McKenna who was Mckinley
first attorney general; and after him
Justice PecRham. Then in turn come
these: Justice White Justice Brown,
Justice Brewer. Justice Harlan, Mr.
Chief Justice Fuller
Justice Harlan, rugged massive
healthy-who walks miles every day
plays golf, and thus keeps young, but
who is really nearing IS years, is the
ranking justice, andfthe Oldest in point
of service. on the bench. Next to him
comes Justice Brewer Of Kansas, who
has served IT years on the supreme
court.