The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-25

writing. from the acting attorney gen.
eral. Judge. Boyd, that there. was ne
law against his accepting the fee. He
therefore, accepted $500 and appeared
In the case. This was in 1900. Judge
Boyd who gave the written opinion
was afterward appointed to the United
States district bench, for one of the
North Carolina districts. and is now
holding that position.
~ Senator Pritchard, when he went
out of office, in 1908, was appointed
by President Roosevelt first to the
Supreme bench of the District Of Co.
peals for the NEUTRALITY-SUSPICIOUS. dis
trict. He is now just. one step below
the supreme bench.
Others Did the Same.
Judge Pritchard acknowledges to
having done what was accused of do
ing. I have always. and shall ever
deny committing the act for which l
was convicted. Judge Pritchard, how
ever. started out with us as an en-
thusiastic opponent of the Cuban sugar
bill. but he changed and went over
and stood by Roosevelt, Root and the
sugar trust. He was elevated to the
bench I was sent to Jail. He was
guilty. I was innocent. He took the
oath of office at the White House, and
took it in the senate chamber
There are many other instances
that might be given, where senators
character and ability. have, according
to the strange ruling the five JUS
tees of the supreme bench, violated
this law. 1 select one as illustrative
of the irony of this administration, in
fits much Wanted pretense about the
square deal
Judge Willis Vandeventer presided
at my last trial, and pronounced sem
tence upon me. He was formerly as
sistant attorney general to the secre-
tary of the interior He was, there
fore the law officer of that depart
In hot ma hRCS
duty to sit as a judge and hear all ap-
pealed cases coming, from the land
office, and all other cases involving
questions of law, and really deciding
the cases for the secretary of the in
terror, who was not a lawyer.
"a mining case, involving va1uab bic |
property, had been taken by appeal,
to the secretary of the interior. and |
came before Judge Vandeventer, the
only lawyer on one side of the case
was a United States senator who APP I
peared and filed his brief with Judge
Vandeventer. The judge accepted the
brief. and recognized the appearance /
of the senator, doubtless thinking
there was nothing in the law making
It a crime for a senator to appear as
q paid attorney in the case. For it is
inconceivable that he would have per
mitted senator to appear before MIN,
when, by such appearance, the judge
knew the senator was committing a
sPThe senator was in. blissfuI ignor-
ance that he was. committing crime,
for which he might be sent to Jail Tor
two years. fined $4,000: deposed from
his high Office. and be forever forbid
den to hold any office of trust or proht
under the government of the United
States. If he was knowingly violating
the law, he surely would not have
furnished the government with posi-
tive proof of his guilt, by filing MS
brief in writing with the judge This
senator is man of national reputation
a. lou q millionaire. | {
a member of the last congress.
Supreme Judge a Former Offender. ]
TT was in 1901 when he appeared be- !
fore Judge Vandeyeuter in the case to
which 1 have referred. When 1 was in
dicted, this senator boldly announced
that if I was guilty, he. likewise, was
guilty. For. as he said, 1 have appear
ed in a case before the secretary of the
Interior, or, rather. before his law CT
hcer, for a fee The. senator made no
of what he bad-dcnes fl II
was not conscious of having violated :
the law The department CT justice anG :
Mr.. Roosevelt were-fuily advised of the
act of the senator, in appearing In the :
case, to which.-Lzhaxer referred. The
statute of limitationsshad not then rum
There was nothing IN the way to pre-
vent that sena tort fIs3nn being indicted.
The evidence of his guilt ives in writ
ing. and in the possession of the gov
eminent.
sive to Knox and Roosevelt. Besides,
he was a millionaire, and It might I've
dangerous to strike him.
That same senator called on me last c
December at the Jail at Ironton. He 7
was on his way to his seat in the SEN
ate. He acknowledges to being guilty, V
under the unaccountable decision of
the five justices of the supreme court. e
That senator, occupying his seat in the h
senate chamber, with the government t
in possession of all the facts, and my f
ncarcera ton in Jail at IFonton is v
fair sample of what this administration ]
means when it hypocritically shouts S
about the square deal II
Case after case could be given show t
Ing that the very ablest and best law h
yers in the country have unwittingly
this law. shall mention only e
one other. vouched for to me by a h
brother senator-that one of the jus s
tees of the present supreme court ac- 7
knowledges to having offended against z
this statute while he was a member s
Of congress. OF course. he did not
know that he was violating the law. I
Then there is the opinion of the I
four great lawyers on the bench, Chief e
Justice Fuller Mr.. Justice Brewer, Mr.. IL
Justice White and Mr.. Justice Peck h
hama very. very large majority of
that bench, If measured by ability-say "
that the statute does not apply to a n
base like that brought against me; l
that even if 7 did the act charged a
against me I did no wrong. +
Then If I was guilty, what was my n
Offense, in fact? 1 had misinterpreted
B statute; that and nothing more I q
had construed the statute, presuminy | n
as the law does, that 1 knew of its ex- "
lstence-as it had always been con- h
strued by every one until now. I had t