Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-01
WEATHER IS FREAKY' lice BROWNE LOSES
Roasting in the Far West and His Trial Lormer Bribery
Freezing in East. Charge Begins June 6.
COLDEST JUNE IN YEARS DEFENSE IS nvERRII En
Snow Falls Maryland Heat Contention That Matter Ono f
Deaths IN Nevada Federal Courts Denied
ALL BLAMED oN The COMET CONSTITUTION QUOTED
sane+a NJ. ~
o0naA'ons "he'ner IL De- Upon
I IorNo A..
His Trial on Lorimer Bribery
Charge Begins June 6.
DEFENSE IS OvERRULED
Contention That Matter Is One for
Federal Courts Denied.
CONSTITUTION rs QUOTED
U. s. Senate Will Not Enter Hastily
Upon Official Investigation
of the Matter. 81

CHICAGO. Ill. June Lee ON~il
browne, leader OF the democratic
minority In the lower house at Spring
nei", must stand trial on the charge OF
brioing State Representative Charles 4.
hite TO vote for William Lorimer for
United States senator This was as
sured today when Judge McSuraly ovo,
ruled the motion OF the defense 10
quash the indictment against Browne
Attorney W. s Forrest for the de-
1endant entered an exception to tbs
Iuiine- lie sought a postponement OF
Two weeks In placing Browne on trial,
put apaln was overruled. the court set
tinS June as the date for beginning
the trial
!" nile this argument was on States
Httofhey Wayman demanded that
browne be arraigned at once. Mr. For
rest interposed sharply:
MI Browne pleads not guilty.
Sustains County Courts.
Judge McSurely's opinion der,a,J m.
contention OF the defense that the case 10
one for the federal courts, and likewise
sustained the Jurisdiction of the Cook
county courts. II also was contepdea b,,
the defense that the promise TO paw for
fote taIleged TO have been made at
sprlnsneid, and not the payment of tho
.lohes taHeged to have occurred In Chi
caEo) Constitutes the crime OF bribery
The argument of the defense was thu,
bribery OF legislators voting TO elect a
ohited states senator is not an offensa
asaihst the state. but against the fed
,e .iai government and that the federal
law provides no punishment Judge Nc
surely said he believed IL Ia be a pIeA
unique in the history of courts In dis
posing or this question the Judge cited
the Constitution, saying:
ne importance of this claim is recoy-
iI1ed AZ once, and, SD far as am
aware. IT has never heretofore been made
lh any court. \ claim contrary to tn.
general impression OF what the law is in
thls regard. and 50 sweeping in its con-
sequences. should rot only receive most
careful attention but I believe should
not receive assent, unless compelled
thereto by convincing reasoning and au-
thorty.
Il make no apology for admitting that
my conclusion on this point is largely ON,
or Hrst Impression. l do regret that
time did Rot nermit fuller investigation
and ampler argument to justify that i'm
preston
Refers to Constitution.
The claim is advanced thar when NOM
oers OF both houses meet in joint az
sembly to. vote for senator OF Tia
I .
come state Legislature and becc ne q
wholly different body. IT is, thei..fore
important to inquire into who or what
elects the senator Of the Congress Of the
nited states. The Constitution says
(Article l.:
" The Senate OF the United Sta,es
shall be composed OF two senator's from
each state. chosen by the Legislature
thereof. for six years
The federal statute entitled Congress-
nf
The legislature shall proceed to elect
senator in Congress- And again mora
thaH once. the statute contains the words
The legislature shall elect etc. This
alone would seem sufficiently clear to
permit of no further question. But i. IS
said that the members of the legislature
when voting to elect a senator cease 10
oe state officers. and are more properly
federal officers.
Authorities Quoted.
On this point Judge Mcsurely quoted
'ne decision Of Justice Gray. in Fitzger-
aid ast. Green l34 L. S, 81.
Paraphrasing the language of Justice
uFay, said Judge McSurelv. we NAV
say: Although the Legislature, when
electing United States senator. is act
ing under and pursuant to the Consti-
luton and statutes of the Cnited States
they are no more officers or agents Of
eiiO states IMAM are president al
electors when acting a. electors of thA
president and Vice President, or the ;eo-
pie OF the state when acting as electors
OF representatives in Congress
On the point raised by the defense at
tacking the Jurisdiction of the Cook
county court declaring that premise 10
pay money for 4 vote constitutes bribery,
and not the consunnlation Of that prom
Use by the actual LAYING of the money.
the court declared that the payment ~
money for vote constitutes bribery In
the case at bar. il is alleged that Leo
o Neil Browne promised TO oaN Renre-
sentative White $1,000 to Nt.e for VII
liam Lorimer for senator, and that $50
of this sum WAS subsequently, given Ia
u hte in Chicago. This rule is without
prejudice to the Jurisdiction of the San
CANON county (Springf!eid} courts. On
this point Judge McSureiy said:
Nothing herein said is intended TO bs
understood as denying the Sancamon
county courts jurisdiction over certain
phases of this or any other similar trans
action, il any there he. Upon that qies
ton I express no opinion. am certain
that what Is here before the court in this
Indictment is properly within the iurisdic
ton Of The criminal court OF Cook coun-
ty.
fa Ho;n~