The Montgomery advertiser., 1907-03-24

the Government was involved. But they did appear as paid attorneys all along in cases where the Government had no property or money interest at stake. This was done by the very best men in Congress who helped to make the law, and others who must have known of the law and the purposes of Congress in enacting 1t.
 Victim of Obscure Law.
 They did not intend to violate the law. They construed the statute, in every instance, as similar statutes had ever been construed, as prohibiting app pearance of the Congressman as paid attorney only in case where the Government stood to win or lose some. thing. or, in other words. cases against the Government that might cost the Government something There had never been a prosecution under the statute when I was indicted. and the law had been forgotten. I think am entirely within the bounds of truth when l say not single Senator or Representative knew of the existence of the statute at the time I was in- dicted. certainly did not But the actions of great lawyers, like Conk- ling and others. had made the prece- dents when the statute was fresh in their minds, and these precedents were followed without question, up to the time the case was brought against me.
 When in jail at Ironton. a United States Senator on his way to his seat in the Senate, called upon me and ac- knowledged that he was guilty under the unaccountable decision of the five Justices of the Supreme Court. That Senator occupying his seat in the Sem ate Chamber, with the Government in possession of all the facts, and my in- generation in jail is fair sample of xxxha aA let ffrv, xuf.a 1t hypocritically shouts about the square deal. Case after case could be given showing that the very ablest lawyers in the country have unwit- tingly violated this law.
 Then, if I was guilty what was my offense in fact? had misinterpreted a statute; that and nothing more I had construed a statute. presuming, as the law does, that l knew of it's existence ---as 1t had always been construed by everyone until now I had construed the statute as the Supreme Court in the States had invariably construed similar statutes for century. I had construed the statute as similar stat utes had been construed in Great Britain from the days of Magma Char ta- If guilty, my offense was that l did not know more law than all the judges of all the courts of the Eng fish speaking race for more than 200 years My offense was, as clearly spec flied and defined, that I was no better lawyer than Chief Justice Fuller, MT. Justice Brewer. Mir. Justice White and Mir. Justice Peckham, and not as good a lawyer as Justice McKenna, MT. Jus tice Holmes, Mir. Justice Day, MT. Jus tice Brown and Mir. Justice Harlan. I Jubmit If there was not too much legal knowledge required of country law yer when the Government accused me of offending against this statute.
 Convicted by the Press
 :" was convicted by the press of bribery and fraud. was convicted by the courts with misconstruing a stat ute. I was guilty of nothing. My only offense was that l had offended the head of the Political Community of Interests,'--the Sugar Trust These. and these alone, are the offenses for which I have suffered. I violated no law.
 T doubt if the country has ever fully realized why I was prosecuted in St. Louis. The President evaded the question, Attorney General, now Sem ator Knox, refused to answer 1t My attorneys often asked the question, and they could get no answer. No truth full answer could be given, that was not a confession that in proceeding against me in St. Louis the Govern ment had violated the very spirit of the EOuI Ol the HNG pdy- ments were made to me in Washington. If I rendered any services that were prohibited by the statute, I rendered them in Washington, and not in St. Louis.
 Why was I then taken a thousand miles away from the place where it was alleged I rendered the prohibited services, where four of the five pay ments were made to me. where most of the witnesses resided, into strange city where I had never seen or com municated with any postal official? There was a wild crusade against &C., cused officials in Missouri at that time, and the storm center was at St. Louis. There Is an inherited prejudice in that city against a Kansan. but that was very slight. as compared with the far deeper prejudice then existing against any high official charged with crime. Governor Folk. then circuit at- torney, had instituted prosecution against public officials, and other per- sons, and the excitement had grown so intense as to produce, for time, judicial anarchy in that place. Nearly all of the upper tendon of St. Louis had been guilty of violating the law, and those who had not were under suspicion. For sometime, vicious at- tacks had been made throughout the country against the United States Sem
 
 United States senator in the City of St. Louis, furnished a shining mark for all the hate that had been aroused against high officials, and left to a man then in my position in a strange city very little chance for fair trial.
 Witnesses Were Rewarded.
 T do not think that 1t Is generally known that every witness who testi- fled to anything material against me has either been promoted in office, or has received immunity from punish ment, by the President. But such is the case. Nor did the President stop with his rewards in bestowing gifts to the witnesses who testified against me. Every official who had anything to do with my case with one excep- tion, has been promoted by the Pres ident.
 were all these promotions. rewards. immunities accidentally coincident with my downfall? Did my case have noth- prosecuting officers, witnesses and criminal all their good luck? Every man must pass upon this question for himself But does not the inquiry as to the price of my blood obtrude It. self when the facts are considered?
 There are many other things that might be nameI which would go to show that my trial and conviction, in each case, was judicial farce, trav- esty on justice. political persecution; I hope and expect that both my past and future life will be set in contrast to the judgment of the court in brand- ing me as criminal
 Mir Burton denied the charge that he had secured his seat in the United states Senate By the corrupt use of money" contributed by the railroads.