Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-01
sub.t.nti.tes HoI.tJaw.

tOTney BURKE arrived 1IOlu SIllCdSo "
day and signified that his mission in
search of additional evidence was sue
cess.ulJB Burke was jubilant over obtain
ing proof OF deposit slip recording that
Senator Holstlaw deposited $4,000 in
This he regards as strong evidence of
the truth OF Holstlaw's confession,
which involves Senator Broderick.
Activity In the legislative probe by
the grand Jury centered today in the
expected questioning of Representative
McCullum, democrat, of Louisville, re-
garding the reasons which impelled
him, a democrat, to vote for Lorimer,
republican, for United States senator
from Illinois. McCullum has already
told the jurors he voted for Lorimer
for political reasons and that he knows
nothing of any financial dealings in
connection with the senatorial vote nor
any other legislative matter. Repre-
sentatives Staymates, democrat, OF
Clinton, and McMackin, OF Salem. are
on the list Of witnesses
Uniaus Contentious Overruled.
AS to argument Of defense that brib-
cry Of legislature voting to elect
United States senator is not an Of
tense against the state, but against
the federal government. and that the
federal law provides no punishment
) Judge McSurely said he believed 1t to
1be q plea unique in the history of
courts. In disposing Of this question
the Judge went back to the constitu-
ton, quoting from that instrument and
other authorities and decisions OF
courts, and decided against the con-
tention of defense. AS to defense's
denial OF the jurisdiction Of Cook
county on the grounds that promise
TO pay money for vote constitutes
bribery and not the actual payment OF
the money, the court held the payment
Of money for a vote constitutes brib-
cry and that in this case it is alleged
Browne gave White part Of the
,romissd $1,000, in Chicago.
State Has Jurisdiction.
on the claim OF defense that the
federal government only, had jur-
isdiction, the court said: "The
Importance of this claim is rec
ognized at once, and so far as I
am aware has never heretofore been
made in any court. A claim so con.
trary to the general impression OF the
law in this regard and so sweeping in
its consequences, should not only re-
ceive the most careful attention, but l
believe should not receive assent un-
less compelled thereto by convincing
reasoning and authority. I make no
apology for admitting that my con-
clusion on this point is largely one
Of first impression. I do regret that
time did not permit a fuller investiga-
ton and ampler argument to justify
that impression.
Legislature Does No< Change.
''The claim is advanced that when
members of both houses meet in joint
assembly to vote for a senator of the
United States congress, they cease to
become state legislature and become
wholly different body. 1t is therefore
important to inquire into who or what
elects a senator of the congress of the
United States"
Here follows a quotation from the
federal Constitution and decisions Of
courts On the claim that members
Of the legislature when, voting to elect
a senator cease to be state officers and
are properly federal officers. Judge
McSurely quoted a decision Of Justice
Gray. "Paraphrasing the language Of
Justice Gray" said McSurely, 1--WE
may say: A1tho legislature when
electing United States senator is
acting under and pursuant to the con-
stitution and status Of the United
states, they are no more officers or
agents of the United States than are
the presidential electors, when acting
as elector Of the president and vice
president, or the people of state when
acting as electors Of representatives in
congress.
Cook County Can Act.
ION the point raised by defense at
tacking the jurisdiction of the Cook
county court declaring that a promise
to pay money for a vote constitutes
bribery and not the consummation of
that promise by the actual paying of
the money, the court declared the pay
1IluIi. &c os .-zssoz.sy :'cte cers.:.::.es
bribery. In the case at bar It is al
legged that Lee O'Neill Browne prom
ised to pay Representative White $1.-
900 to vote for William L1orimer for
senator, and that $3.50 of this sum was
subsequently given White in Chicago
Tf,is rule is without prejudice to the
jurisdiction Of the Sangamon county
(Spriugfeld) courts. Concluding Judge
McSurely said:
II am certain that what is here be-
fore tho court in this Indictment is
properly within the jurisdiction OF the
criminal court Of Cook county"
rr;ai Set For June 8.
". g. Forrest, OF counsel for Browne,
entered IN exception to the ruling. He