Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-06-01
O'NEIL BROWNE
MUST STAND TRIAL
Counsel for Defense Made Motion
To Quash Indictment Which
Judge 0verruled.
CASE WAS SET FOR JUNE 6
Plea Set Up That Bribing Legislator
To Vote Tor L. ;. Senator Is
Not n State Oncnsc.

Chicago. June Lee O'Neil Browne,
leader OF the Democratic minority in
the lower house at Springfield, must
stand trial on the charge of brlbing
state Representative Charles A. White
to vote for william Lorimer for United
states senator This much was as
sured today when Judge McSurley
overruled the motion of the defense to
uuash the Indictment against Browne.
w S. Forrest OF counsel for the de-
fendant entered an exception to the
ruling. He also sought a postpone
ment of two weeks In placing Browne
on trial but was again overruled' the
court setting June as the date for
beginning the trial
While this argument was on states
Atty. Wayman demanded that Browne
be arraigned at once. MIR Forrest IN
terposed sharply:
MIR. Browne pleads not guilty"
The argument OF the defense was that
bribery OF legislators voting to elect
a United States senator Is not an Of
Tense against the state, but against the
federal government and that the fed
eral law provides no punishment.
Judge McSurely, said he believed II TO
be a plea unique in the history OF the
courts. The Judge went back to the
Constitution saying:
BACK TO CONSTITUTION.
THE claim is advanced that when
members of both houses meet In joint
assembly TO vote for a senator they
cease to become a state legislature and
become a wholly different body. II Is.
therefore. important to inquire into
who or what elects the senator of the
Constitution says article J.:
" The senate of the United states
shall be composed Of two senators
from each state, chosen by the legisla
ture thereof, for six years
The federal statute entitled Con-
gress.' section IA election of senators),
reads:
THE legislature shall proceed TO
elect a senator In Congress. and again,
more than once. the statute contains
the words the legislature shall
elect This alone would seem sufi-
GENTLY clear to permit Of no further
question But Il is said that the mem
bers of the legislature when voting TO
elect a senator cease TO be state OH
GERS and are more properly federal OFF,
GERS"
on this ponit Judge Mcsureiy quot
ed an authority, saying:
Although the legislature when elect
ing "A u n1teu States sendNoI - hcNlHk
under and pursuant TO the Constitution
and statute OF the United States, they
are no more officers nor agents OF the
United States than are presi-
Dental electors, when acting as
electors of the president and vice
president, or the people Of the state
when acting as electors in Congress.
on the point raised by the defense
attacking the jurisdiction OF the Cook
county court declaring that promise
10 pay money for vote constituted
bribery, and not the contamination OF
that promise by the actual paying OF
the money, the court declared that the
payment OF money for vote con
stitutes bribery. In the case at bar.
IL Is alleged. Browne promised 10 pay
Representative White $1,000 TO vote for
William Lorimer for senator, and that
$3.50 Of this sum was subsequently given
10 White in Chicago. This rule Is
without prejudice 10 the jurisdiction OF
the sangamon county (Springheld)
courts.