The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-25
BURTON HITS HARD
Speech Filled With Fierce and
Fierey DenunciatiOn.
President Roosevelt the Special
Object Of Wrath.
BEHIND PROSECUTION.
Offended President by Position
on Cuban Reciprocity.
Shows How People Concerned in
Prosecution Were Promoted.
ALSO ACCUSES LONG.
Says He Has Been Guilty of
Treachery.
Denies Ever Receiving Money
From Kansas Treasury.
Offended President by Position
on Cuban Reciprocity.
Shows How People Concerned in
Prosecution Were Promoted.
ALSO ACCUSES LONG.
Says He Has Been Guilty of
Treachery.
Denies Ever Receiving Money
From Kansas Treasury.

Abilene, March 25.-Ex-Senator ]. r.
Burton was received with great enthus-
iasm by his fellow townsmen Saturday
night. The opera house was crowded.
The speech was introduced by a his
tory of the legal case by which he was
tried and convicted. Then followed
detailed description of the Get Rich
Quick concerns in st. Louis.
Continuing Senator Burton said
1T was not pretended in the indict-
ment that the government had 1 cent Of
property interest In that case where I
was accused of acting as an attorney.
There was no charge against me like
that made against the late Senator
Mitchell and other defendants in the
land fraud cases. no charge that 1 had
defrauded the government out of any
thing. The government had no none
tary interest whatever in the case.
Whether a fraud order should or should
not issue against my client made not
81 of difference to the government. The
government would not make or lose
anything, whichever way the case
should be decided by the postmaster
general.
Purpose of the Law.
''The statute had been passed in 1854.
near the close of the war, to prevent
congressman from taking claims against
the government for collection. Claims
against the government had piled noun
tain high at that time as result of the
war and senators and congressman
made a speciality of seeking these
claims for collection. The very best
men in congress advertised in the
claims, on contingent fees. AS it re-
quired appropriations to pay the claims
when allowed, it was thought that such
action should be denounced as wrong.
and in conflict with the official duties o.
This was the inspiration
and purpose of the law.
1T meant as was thought then, that
in all matters where the government
stood to win or lose something, or where
money or property was involved, the
was prohibited from ap-
pearing for money or property or for
fee 1t was thought by the trainers of
the law to cover no other kind OF cases.
Such was the construction placed upon
it by the makers of the statutes. Such
was its construction by senators and
cabinet ministers.
bureau officers, and, indeed, by every
one. until the supreme court, by de-
cision of five to four, gave it another
and far different construction in my
case
after the enactment of the statute.
no senator or representative who knew
Of the law ever openly took a Zee Tor
appearing ie case before a depart
ment where the money or property OF
the government was involved. But they
did appear as paid attorneys all along
in cases where the government had no
or money interest at stake
This was done by the very best men
in congress. who helped to make the
av. and others who must have known
IF the law and the purposes Of congress
n enacting it.
congressman Who Took Fees.
Roscoe Conkling waa one of these
men, The late Congressman Heard, OF
Ohio, and the late Casey Young, OF Ten
lessee. appeared in cases, as the records
If the patent office show, while they
we're members of congress. But. OF
course the government had no property
,r monetary interest in such cases. An
,ther man of international reputation,
md of the highest character, who tried
, case for fee. before Senator Elkins.
when the senator was secretary Of war.
vas ex-senator and ex-Treasurer John
J. Carlisle. This was a case like the
me 1 was accused of trying. that is. 1t
involved no money or property interest
or the government. This man, and
many others of equal distinction, knew
If the statute, and offended against it,
Is was accused of doing.
Il reiterate, however. that they dill
lot intend to violate the law. They
Construed the statute, in evry instance,
"a similar statutes In the states had
.ver been construed as prohibiting ap-
,earance of the congressman as paid
attorney only in case where the gov
rnment stood to win or lose something,
II in other words cases against the
government that might cost the govern
nent something.
.'There had never been a prosecu-
ion under the statute when l was in
licted. and the law had been forgotten.
think am entirely within the
pounds of truth when / say, not
jingle senator or representative knew
# the existence of the statute, at the
ime 1 was indicted. 1 certainly did
lot.
but the actions of great lawyers.
ike Conkling, and others. had made
he precedents, when the statute was
resh in their minds, and these prece-
ents were followed, without question,
10 to the time the case was brought
.gainSt me.
"Senator, now Judge Peter c.
oritchard of North Carolina, was Of
cred a fee while he was senator. by a
,rother lawyer. now the governor of
he state of North Carolina, to help
i'm in a case then pending before the
of internal revenue. Not
moving of any law against his ac-
epting the proffered employment. he
lid however out of an abundance of
inquire of the department OF
1fx.to Tn