The Topeka state journal., 1906-04-05
DECISION IN May.
Senator Burton Will Know His
Fate Soon.
Court Has Indicated That No
Time Will Be Lost.
IS MUCH INTEREST.
MUCH INTEREST.
Senator SpOOner Discusses Mr.
Waggener's Arguments.
congressman Surprised That
Question Wasn't Raised Before.

Senator J. r. Burton from the judg
ment of the lower court in which he
was convicted is now before the su-
preme court for decision. Arguments
on the appeal We're completed today
and the court took the case under. ad-
visement. The lawyers on both sides
expect d decision before May 81. As
long as it is pending Kansas viii be
without its full representation in the
senate and the court has indicated that
owing to the importance of the issues
involved it viii dispose of the case at
an early date. The court viii adjourn
the last of May for the summer recess.
If Burton should be convicted, that is
# the decision of the lower court should
be sustained, it would leave only about
seven months to be filled by the gov
ernors appointee, for the legislature,
in January, in choosing, would prob
ably elect both for the unexpired term,
ending March 4 next, and for the full
six-year term beginning on that date.
This would leave the appointment by
the governor of little value in all prob
ability, and ii is presumed that none Of
the present candidates for the Burton
succession would desire the appoint
ment vet each one is speculating more
or less on whom it is liable to be, if the
governor shall select. The universal
Judgment is that it would be Stubbs
Campbell would not want the appoint
ment: neither would BristoW, nor Cal
derhead. nor Murdock nor Curtis. In
the first place, there would be little
value, or prestige, in the appointment
Tt is doubtful If it would serve as any
advantage in the election for the full
term.
But of greater consequence to the
members of the house who are candi-
dates to succeed Burton would pc the
fact that they would have to resign as
tot a a
be not candidate for reelection TO the
house They would have nothing IN
sight as certainty. For GURUS
CampbeIl MurdOck and Calderheads
already representatives, whose present
terms run until March 4 next, are can
didates. or all Of them but camp Del,
and he viii be this week. for re-eiec-
ton Not all of them can De et6cLeQ
T-nfted states senator and those who
are not will continue to be members OF
the house Of representatives. But Il
one of them should be selected oy Gov
ernor Hoch to be senator TO succeed
Burton he would have 70 resign as rep
resentative and also decline the nonin-
alton in his district. None of the four
would like to do this.
Waggener's Important Question.
The question raised by Bale p
yVaggener in his attack upon the con-
stftutionality of the statute under
which Burton was indicted was dis
cussed with much interest by mem
hers of the mouse ana senate. oSiidlOt
John h Mitchell OF oregon was con-
victed under that statute and Repre-
sentative Binger Herman of Oregon
may be indicted under it in the event
that the present indictments against
him are dismissed Representa- tive
Spencer Blackburn of North Carolina
is now awaiting trial for violation Of
the same statute. At the time of his
death Senator MitchelFs appeal to the
supreme court was pending
Senator SDOOner, who Is recognized
as one of the ablest lawyers in CON
gress. was in court yesterday while
the assistant attorney general was re-
plying to Mr. Waggener's argument.
The senator declined to express his
views in detail relative to the conten-
ton of Mr.. Waggener His only COM
ment was that the Kansas lawyer had
raised a very interesting question and
that there would be great interest in
the decision Of the court on that
phase Of the case. Representative Lit
tlefeld of Maine. who is also an able
lawyer. remarked that there un-
dOubtedly was some basis for Nj
Waggener's contention"
Now that the consfitutionality of the
statute has been questioned nearly ev-
eryhody interested in the case is Won
dering why it was not brought before
the court in connection with Burton's
frst appeal When that appeal was
argued the validity of the statute was
practically conceded.
The session of the court yesterday
was taken up with arguments by As
sistant Attorney General Robb for the
government and Frederick W Lehman
Of st. Louis for Burton. MI Lehman
made the closing argument He spoke
for forty minutes and was followed
closely by the justices. He referred to
the former decision of the court in
which four justices held that the evil
dence against Burton was not convinc-
ing and declared that in the face of
their decision Burton should not have
been retired unless new evidence had
been secured. This had not been done.
he asserted. He also emphasized the
question If jurisdiction. assuming that
a contract had been made; it was en-
tered into in the state of Illinois If a
crime had heen committed it had been
committed in washington where the
money had also been paid.
No Jurisdiction. said Lehman.
The court in St. Louis Mr. Lehman
asserted. had no jurisdiction He in
sisted that if the Rialto company was
q fraudulent concern. Burton was ig-
norant Of it,
In reply to an intimation from Mr.
Robb that Burton had attempted to
corrupt Assistant Attorney General
Typer in the fraud order proceedings.
Mr.. Lehman called attention to the
fact that Mr.. Robb as assistant attor-
ney general for the pOstOff1ce depart
nent. had later made report against
the proposed fraud order proceedings.
He closed by declaring that Burton
was innocent of Wrong-doing- In all
the proceedings at the postoffice de-
partnent relative to the Rialto com
pany he said, no crime had been COM
mitted
The questions Of the court seemed to
Indicate that some of the justices at
least are favorable to Burton. In dis
cussIng the contract between Burton
and the T2fa1fo c0UDauv Mr. Rohb went