The Birmingham age-herald., 1911-02-07
BURTON DEFENDS
 SENATOR CULL0M
Ohio Man Discusses the Lori
 mer Bribery Case
CULLOM FREE OF FAINT
Senator Burton Says CuIIom Was Chosen By the People But He At- tacks the Election of Lori
 mer Fraudulent

Washington, February GA defense of Senator Cullom of Illinois formed the most striking part of an address made in the Senate today by Senator Theodore Burton of Ohio in opposi- tion to the committee on privileges and elections. by which Senator Lor- inner of Illinois was exonerated from the charges of obtaining his seat through bribery.
 The references to Senator Cullom, who is Senator Lorimer's colleague, was called forth by statement made by Senator Bailey of Texas in the Senate during the excitement incident to the close of Senator Roots arraign- ment of MT. Lorimer's elect.on last Fri day.
 Speaking of the existence for years of a jack pot" fund Tn connection with the sessions of the Illinois leg islature MT. Bailey, who supports Mr. Lorimer. said the means to elect MT. Lorimer were the same as had been employed in the election MT. Cullom.
 MT. Burton did not dwell long on the senator's differences. He said:
 "The senator had no doubt unWit tingly done an injustice to the senior senator from Illinois in some remarks last Friday in averring that if MT. Lorimer's election is invalid so is that of the senior senator. One conclusive answer to any such groundless infer ence in the method of the election of MT. Cullom. He was nominated at primary by majority of 50,000 votes and It would be most unjust to him to compare the circuns tances under which he was chosen with the corrupt and dishonest methods prevalent in the legislature in 1909"
 The Ohio senator discussed the ale Rati against Senator Lorimer large ly on legal grounds. Without attempt ing to unravel the estiniony he pro- ceded upon the theory that certain facts had been proven and then un- dertook to show through precedents established in the United States and Great Britain that the election by the Illinois legislature had been tainted and therefore was invalid.
 What Constitutes Bribery
 Among other points discussed was that as to whether the receipt of money for the casting of a vote constitutes bribery and it was held that it does. If, said the senator, those who re- ceived such money were free from corrupt interest, they certainly would not have received it after the votes were cast. It is impossible to separ- ate the receipt of money after the election from other facts and circum- stances in the conduct of these mem bers which go to make up one dis. honest transaction"
 Meeting the contention that the evil dence given by bribe takers cannot be considered in connection with the case. the Ohio senator declared that no such a rule in law prevailed. Tt belongs n O do e.t. proceeded. To maintain 1t would mean that the most serious offenders against the public must go unpunished. It ig- rores the difference in the comparative guilt of those engaged in the same unlaw- ful enterprise. It regards the man gull ty of crime as absolutely an outcast and disregards alike his reformation and welfare of society. It closes the door of repentance for the criminal, even for him who has been misled by the superior in fiuence of others into doing something which his better judgment rebels.
 MT. Burton did not accept the state ment of MT. Lorimers friends that If there had been bribery the Illinois solons lad not authorized it.
 Browne's Use of Money In another connection he said:s Who will assert in the face of all the testimony of MT. Browne's promises of
 
 bers, his previous transactions, that his action was not corrupt or that MT. Lori mer did not share in that corruption?
 "It is definitely conceded by the defend- ants of Mr Lorimer that state of cor ruption was rife in the Illinois legisla- ture. They admit that bribery was com mon and had been so for a long time; but while conceding the rank corruption which prevailed in which Browne and others of those who voted for Lorimer were prominent figures they deny that tEis applies to the senatorial election They aver that there may have been | jack pot,'' but this does not affect they maintain, the question at issue. Tn the first place, there is little or no | testimony showing that legislation was prevented or promoted by the existence of this jack pot If there was any thing for which money was paid 1t was for the election of a senator. and, again how is 1t possible to separate the two If there was such corrupt condition? The same actors in politics to defeat legisla- tion were prominent in the senatorial election. Without their votes MT. Lori mer could not have marshaled majority | Every item of evidence goes to show that | whatever corruption existed had exerted an influence in the senatorial controversy more than anything else"
 Burton's Conclusions Summing up his conclusions, MT. Bur | ton found 1t perfectly evident that | fraud was so rampant and dishonesty so | widespread in this election that it Is im- | possible to separate the sound votes from | the unsound votes. When he added, | there Is indubitable proof, as here, that | fraud and bribery have been resorted to-, | nc one cannot derive from the cesspool | of corruption any conclusion except that no election was had Undoubtedly proof | is available not only to show that suf- | ficient number of bribed persons cast their votes for Lorimer to invalidate his election. but also that on other grounds | than this there was not valid choice. There are strong arguments to sustain a presumption that only seven, eight, nine or ten were corrupt, but that possibly 30 cast their votes under the influence of | bribery or dishonesty"
 Hyde Case Is Argued 1 Jefferson City, Mo. February 6.--The | case of Dr. B. Clarke Hyde, convicted of the murder of Thomas H. Swope of