The Topeka state journal. [volume], March 25, 1907, Last Edition, Page 2, Image 2

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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THE TOPEKA DAILY STATE JOURNAL MONDAYEVENING, MARCH -25, 1807.
writing, from the acting- attorney gen-
rerai, juage uoya, that -there; was no
Jaw against 'his accepting th.efee.- He,
therefore, accepted J500 and appeared
mine case, unis was in loo. Judge
uoya, wno gave the written opinion,
was afterward appointed to the United
fStates district bench, for one of the
: North Carolina districts, and Is now
holding that position.
-"Senator Pritchard. when he went
out of office, In 1903, was appointed
' fey " President Roosevelt, first to the
supreme bench of the District of Co
lumbia, and later, to the court of ap
peals for the Virginia-Carolina dis
trict. He Is now Just: one step below
tiie supreme bench. ' '
Others Did the Same. '
' "Judge Pritchard acknowledges to
having done what I was accused of do
ing. I have always, and shall ever
deny committing the act, for which I
was convicted. Judge Pritchard. how
ever, started out with us as an en
thusiastic opponent of the Cuban sugar
bill, but he changed and went over
and stood by Roosevelt. Root and the
sugar trust. He was elevated to the
bench. I was sent to jail. He was
guilty. I was innocent. He took the
oath of office at the White House, and
I took it In the senate chamber.
. "There are many other Instances
that might be given, where senators
and representatives or tne nignest
Character and ability, have, according
to the strange ruling the five jus
tices of the supreme bench, violated
this law. I select one as illustrative
of the irony of this administration, in
Its much vaunted pretense about "the
square deal '
"Judge Willis Vandeventer presided
at my last trial, and pronounced sen
tence upon me. He was formerly as
sistant attorney general to the secre
tary of the Interior. He was, there
fore, the law officer of that depart
ment. In that capacity, it became his
duty to sit as a Judge and hear all ap
pealed cases coming from the land
office, and all other cases . involving
questions of law,. and really deciding
the cases for, the" secretary of the interim-,
who was not a lawyer.
- "A mining case, involving- valuable
property, had been taken-, by appeal,
to the secretary of the Interior, and
came before Judge Vandeventer, the
only lawyer on one side of the case
was a United states senator, wno ap
peared and filed his brief with Judge
Vandeventer. The judge accepted the
brief, and recognized the appearance
of the senator. doubtless - thinking
there was nothing in the law making
It a crime for a senator to appear as
a oaid attorney in the case. For it is
Inconceivable that he would have per
mitted a senator to appear before him,
when, by such appearance, the judge
knew the senator was committing a
crime.
"The senator was in blissful ignor
ance that he was committing a crime,
for which he might be sent to jail for
two years, fined $10,000. deposed from
his high office, and be forever forbid
den to hold any office of trust or profit
under the government of the United
States. If he was knowingly violating
the law. he surely would not have
furnished the government with posi
tive proof of his guilt, by filing his
brief in writing with-the judge. This
senator is a man of national reputation
as a lawyer, is a millionaire, and was
a member of the last congress.
Supreme Judge a Former Offender.
' "It was in 1901 when he apepared be
fore Judge Vandeventer In the case toJ
which I have referred, w nen l was in
dicted. thi3 senator boldly announced
that if I was guilty, he. likewise, was
guilty. For, as he said, 'I have appear
ed In a case before the secretaiy of the
Interior, or. rather, before his law of
ficer, .for a fee.' . The. senator, made no
concealment of what-ha ba4drne.. f
was not ' conscious of huyins violated
the law. The department cf Justice and
Mr. Roosevelt were-rtriiy advised of the
act of the senator, in appearing In the
case, to which T .ha VP referred. Th
statute of HmltHpnsijiad not then run.
There was nothing in,, the 'way to pre
vent that senafKr?-frTi being indicted.
The evidence of his guilt wes in writ
ing, and In the possession of the gov
ernment. .-
"But that serator.Had not been offen
rive to Knox and Roosevelt. Besides,
he was a millionaire, and it might !e
dangerous to strike him. ' -
"That same senator called on me last
December at the Jail at Ironton. He
was on his way to his seat in the sen
ate. He acknowledges to being guilty,
under the-' unaccountable decision of
the five Justices of the supreme court.
That senator, occupying his seat In the
senate chamber, with the government
In possession of . all the facts, and 'my
Incarceration In Jail at Jron'ton is a
fair sample of what this administration
means when it hypocritically , shouts
ebout the 'square deal.' '
"Case after case could be given show
ing that the very ablest and best law
yers in the country have unwittingly
violated this law. I shall mention only
one other, vouched for to me by a
brother senator that one of the jus
tices of the present supreme court ac
knowledges to having offended against
this statute while he was a member
of congress. Of course, ' he did not
know that he was violarrng the law. .
"Then there is the opinion of the
four great lawyers on the bench. Chief
Justice Fuller, Mr. Justice Brewer, Mr.
Justice White and Mr. Justice Peck
ham a; very, very large majority of
that bench, if measured by ability say
that the statute does not apply to a
base like that brought against me:
that" even If I did the act charged
against me I did no wrong.
"Then if I was guilty, what was my
offense. In fact? I had misinterpreted
a statute; that and nothing more. I
had construed the statute, presuming,
as the law does, that I knew of its ex
istence as it had always been con
strued by every one until now. I had
construed the statute as the supreme
court in the states had Invariably con
strued similar statutes for a century.
I had construed the statute as similar
statutes had been construed in Great
Britain from the days of Magna
Charta.
His 'Real Offense."
"If guilty, my offense was that I did
not know more law than all the Judges
of all the courts of the English-speaking
race, for more than 200 years. My
offense was, as clearly and specifically
defined, that I was no better lawyer
than Chief Justice Fuller. Mr. Justice
Brewer, Mr. Justice White and Mr.
Justice Peckham. -and not as good a
lawyer as Justice.- McKenna, against
whose confirmation the ' bar of San
Francisco protested; not as good
a lawyer as Mr. Justice -Holmes, who.
thnue-h annolnteiL from Massachusetts,
could not secure, the indorsement of the
treat lawyer and statesman. Senator
Hoar; not as' good a lawyer as Mr.
Justice Day. who. I am told, was tne
former counselor, it not partner, w u
late Abner McKinley. in government
onntmrta- i-nt n c-nod a lawyer as poor
old Justice Brown, whose fading mind
I
sible, was not overlooked by the presi- I all of the property of the United
dent. He got his promotion between States, it ts .most unfortunate. This
the time that he was summoned to I man is wholly unfit for the loh We
appear a a witness and the time hells not competent for either place. He
vicea upon me siana. no goi i is wiinout experience as a lawyer. -His
ppuimment must be attributed to the
innuence of his father. Why did
his pay slightly in advance.
Pardons for Witnesses.
"A man by the name of W. D. Ma
haney, who, two postoffice Inspectors
said, in writing, over their signatures.
was guilty of embezzlement, and also
Roosevelt want to favor Mr. Justine
Harlan? Everyone must Judge for
himself. I can only give the facts.
"Were all . these Dromotions. re
wards. Immunities, accidentally coin-
aruiltv nf Ilsino- Ills mafln tn Acfrn nrt lmr
and who was Indicted by Colonel Dyer. VL downfall? Did my case
In October. 1903. and who testified with Pave n""ng to do with bringing to
this rope around his neck, received im
munity last fall when the case was dis
missed against him. He traded his per
jured evidence against me, for his lib
erty.
"Another criminal, by the name of
Hector McRae, charged in the same
way as Mahaney, indicted at the same
time, testified, under the same circum
stances, and obtained his freedom in
the same way. He also committed per
jury ror his liberty.
"There was still another poor devil.
by the name of Charles Brooks, who
these judges, prosecuting officers, wit
nesses and criminals all their good
luck?
"Every mar must pass upon this
question for himself. But does not
the Inquiry as to the price of mv blood
obtrude itself when these facts are
considered?"
Mr. Burton then reviewed his own
political career. Included in this was
the- following -reference to the state
treasury:
"A slanderous reoort was e-iven out
shortly after I was-indicted, not in di
rect terms, but by innuendo, that Mr.
crimes and Mr. Kelly furnished me
money from the state treasury, with
which to conduct my campaign, and
that would, explain a part of the short
age In .that office.
Mr. Kelly never furnished me one
dollar, nor did he pay out one cent to
anyDoay, at any time, to my knowl
edge, to-, secure my election. Mr.
first refused and then acented an offer
had already entered the shadows oi a i to a pardon. He had been convicted,
rapid decline; not as good a lawyer as I waa under sentence to the penitentiary,
X1 TusflfO 1 T ;t H :i T1 the father Of Mr. I hiA fficio then npnrtfnfl' nn snnnal Shrill-
James Harlan, appointed by President I ly after swearing to a falsehood against
commissi dti shortly alter tne justit-c t i president interposed, and gave him
livered the last opinion in my case- 1 I pardon.
Bnhm:t if there w not loo uiulu r:e- 1 .TflI.A u 1 . - .l . -i
. - iDTL-vpr n- nnc liic niuitrimi wuiicjkicb. i eugp, 10 -. secure m
Kno a leagi requires f 'of. Much of what they testified to would Grimes paid out for me in all, from
not nave been received by a court that I 5J00 to J 4 00. mostly for clerk hire, in
had any regard for the rules of evi- looking after my Interests, while I was
aence. But they, each and all, have 1 out on the stump. In the summer and
been substantially rewarded by Roose-I fall of 1900, and I repaid him in full.
velt, since giving their testimony. I "Doubtless, a. great many of my
t,.,o,i,. -,.. w rm, inenas contributed to the legitimate
- " . expenses of. the campaign, in their re
befell prosecuting officers, judges, their
relatives, etc.. who had to do with the
case against me:
There was, first. Attorney General
Knox. He had been put into McKin
ley's cabinet by millionaires around
Pittsburg and New Tork. When Senator
Quay died, Henry C. Ftick and the late
A. J. Cassatt, acting for the 'political
community of interests,' and Mr. Roose
velt, acting for the political communi
when the "government accused me of of
r.nlni, KDllnflt 1X fttfltUte.
wed. hv the press, of
bribery and fraud. I was convicted by
the courts with misconstruing a stat
ute. I was guilty or notning. ...
"My only offense was, that I had of
fended the head or me roni ""'":
,ni nf Tntcrpsts.' the president, and
. i .Aworfni mmher of the 'Com
LUC 1 11 w: t j. w . - - . . V.
ii Pnmm.initv nf Interests tne
o.o trt These, and these alone,
are the offenses for which I have suf
1 T lrlAlntA T-.n 1W-
I doubt if the country has ever fully
realized why I was prosecutes -.
.r,nr of March 4. 1904,
shortly after I had been indicted, and
hpfnrc mv trial. 1 asKeu
President
Roosevelt why be had proceeded against ty of interests,
Roosevelt wny nena v evaded the United States se
him appointed
had
the United States senator.
auestion with tne iaiseuuou i ...i.n...o, cicicu
did-not know. Within a day or two I him to that office. For, as is well
thereafter the" same question was pro- known the people of Pennsylvania have
pounded to the then attorney general, i no more to do with the election of a
now Senator Knox, and he refused to I United States senator than the peons of
answer it. I Mexico nave to do with the election or
"My attorneys often asked the ques- a president for that republic,
tion, in their arguments to the court: I "Next on the list, la Judge Elmer B.
spective localities, but in doing so. so
far as I know, In every instance, every
such contribution was made without
any reference whatever to my can
didacy.
If my seat In the senate was
bought for me the men I have named
know all about It. I demand that they
shall speak now, or that their silence
shall be construed that what I have
said about my election is the truth,
in this connection, l want to rerer
to a conversation I had, at- the Audi
torium Annex, last fall, with Mr. Alex
Butts of the Kansas City Star, in whicn
he said that a friend of his had told
him that a friend of mine had "paid
out $40,000 to elect me to the senate,
"His claim was that my friend had
made this statement. He refused to
give me the name, either of his friend.
or mine. But, from other things that
why the case had been brought in St Adams, who presided at the first trial. h sald. at that time, and from the very
t . t in washlneton. and they 'tartA . , tVw, atata. , remarkable statement recently pub-
Louis, and not in Washington, and they
-B-nt no answer. No truthful an-
h Hvn. that was not a
confession, that in proceeding against
me in St. Louis, the government had
violated the very spirit of tne consu
tutlon.'
He started out In life in the state of
Vermont, as a Republican. He changed
his residence and politics at the same
time when he moved to Missouri, many
years ago. He was a successful cor-;
porate lawyer. Back in the '90s he was
put on the United States district bench
mendation of the 'commercial commun
ity of Interests. He swapped his place
In the law firm of which he was then
a member, to Judge Samuel H. Priest,
who took the place In the firm made va-
111'"- . M.B I pui JI1 illO UU11CU DlttLCB UISLX1UL LT I H : 1
Mr. Burton then devoted somefim President Cleveland, on the recom
JUInn . rt I Jill I ... i
tO dlSCUSSing cuimii.." .,:,
rf.irfna- the Folk crusade. Continuing
"Roosevelt. Knox and Dyer knew of
these conditions, and that is why the
constitution was set aside, and I was
proceeded against in Missouri.
"My conviction had to be secured at
enmn niare where suspicion would
iha niar-e of law and evidence;
enmo niaoe where the power of the
nraAfnt i-ould be made effective
some place where witnesses, prosecut
ing officers and Judges would be spe
cially responsive IO pTOl)Cliio -wards
and punishments; I very much
fear some place where my conviction
could be bought by the man who had
the price to pay.
Pardons and Promotions.
i'Mln. I.do not think that It is gen.-
erally known that -every witness- who
testified to anything at all material
against me has either been promoted
In office or nas received imiuuuiijr
from punishment by the president.
But such is tha-f case-wNor-did. . the
president stop with his rewards :ln be
stowing official gifts -to-the witnesses
who testified against me; Every offi
cial who had anything to do with my
case, with one exception; nas been pro
moted by the president.
"Let me particularize a moment: .
"W. E. Cochran, chief postoffice in
spector, has been promoted to be pur
chasing agent ror tne posiomce ae
lished by Hon. W. R. Stubbs, I am led
to believe that he Is the friend or jvir.
Butts to whom he referred In that
conversation. "
'If any man told Mr. Stubbs, or any
body else, that he paid out $40,000 to
elect me to the senate, his statement
was a lie. - If my guess is right, ana
Mr. Stubbs Is the man. to whom ivir.
Rutts referred. I call upon him to
make public the name of his Inform
ant. --
Tf I am mistaken. Mr. Butts can
cant by Adams, and the latter took his I serve the public by giving the name of
place on the bench.
After my first trial, he was promoted
by the president to the circuit court of
appeals.
Colonel Dyer, after my . first trial.
was reappointed United States district
attorney, and secured the place of as
sistant United States district attorney
for his other son, Horace Dyer. Colonel
Dyer has Just been appointed, at the
age when federal Judges are permitted
to retire, to the United States district
bench.
hi friend, and. in that way, possibly.
that falsehood can be traced to us
source. I have ' notnmg to conceal,
and I hope these -gentlemen will be as
candid and a open as 1 nave oeen.
"Mr. Rtnhhs fin his statement, b&iu
" 'The financial agent and political
r.nroapniaili of .the Kansas railroads
came to me and-stated - he had raised
8.000 in tha campaign-in iuu, ana
could o the same lor me, wnicn ser
vices I declined.
I was chairman or tne aeiegation
appointed to the -supreme bench of the
District of Colurribia.
'Judge Vandevanter; who presided at
the second trial, had been, but a short
time before, taken by Mr. Roosevelt.
from a subordinate position at Wash
ington, and elevated to the circuit court
of appeals, Just one step below the su1
preme bench.
"I said there was -one exception,
among the officials, .who helped In my
" . . . . . . ... , . . , I ti rncaniit Inn una nlii waa nnt rt-a r1 .
is 5 000' per year. In the former It ed by the president,- This might ap
w i B00 " I pear novel, but is susceptible of a ra-
T inn that this man shaded his tional explanation -A man by the
evidence against me in every way that I name of Nortini was assistant district
he could. Xou can see tne temptation I auuroey nen x was urat incu. cnuu-
that was before him . when he testi
fied. I know but little about him, and
want to be very careful not to mis
judge anyone; but I am permitted to
say that Senator Charles Curtis told
me he had known Cochran for a long
time, and that he would not believe
him on oath.
"A man by the name of W. J. Vick
ery was another witness. At the time
he first testified he was a postoffice In
spector. He has since been made chief
postoffice inspector. He took Cochran's
place, with a substantial increase in
salary.
"This man is a total stranger to me.
I know part of his evidence was false.
T think his face would cause any hon
est man to suspect him: while a thief,
looking for a pal, would never pass
him by.
Fulton, a field postoffice inspector.
Mr.' C. R. Robb. who. at the last trial,' to the national -convention in 1900 I
was the accredited mlplster-plenlpoten- utw L""r " -V," L
tiary of the president, - to see to It that ampa.gn, um
nil rtrririfnla apnnnii thp mwrt rtlfl Their I imuug". . - .
- --- ------ i f TTnitArt States - -senate, ana was
duty, and that all witnesses lOOKing ior i , : ', .w nSi.. in. Tanuarv there
favors should testify properly, has been Ugfd that 3 Ky
nnnn ntun n the DlinramP hf?vh nf thelalter' ' J1 . . .
were, respectively, cnairman ana. sec
retary of the state committee, am mr.
Mnlvana was true- member of . the na
tional committee. I- know, as every
one who has- been active in punnus
Vonna that lor many ,ui, me if;'
state and national campaigns money
has been freely- used. ......
Says Kansas Boodlers Fight Him.
"-Rut in these, as In all such cam
paigns, I was never connected in any
way with the financial end of them.
Mv work was on the stump, in the
field, and not at headquarters. I never
exchanged a word with Mr. Albaugh
and Mr. Kelly, nor any member of the
state committee, nor with Mr.' Mul
vane, state member of the national
committee, about the finances of the
ramnaitrn. What money was raised
and contributed, how, when and where
it was spent was a matter about which
neither one of them ever consulted
me in any way or at any time.
"If the Kansas railroads, or the na
tional committee, or the state com
mittee raised and expended a slush
fund In that campaign, as charged by
Mr. Stubbs, ft "was a . matter about
which I was. never consulted by any
body. Although I had absolutely noth
ing whatever to do with the financial
end of the campaign, I do know, and
assert the truth to be, that no man
ly after my conviction, he was sum
moned to Washington for the purpose
of giving him the place of assistant
attorney general to the postoffice de
partment. But, it seems, that the
president had forgotten that he had.
before that time, promised this place
to Speaker Cannon, for one of his loy
al constituents.
"Cannon Is too important a factor
in the 'political community of inter
ests' to be ignored. Therefore, Nor
tini was sent back to St. Louis with
assurances by the president that he
should soon have a good job. But that
fall he accidentally fell into a Judge
ship at St. Louls, that no one ever
dreamed could go to a Republican, spent J4O.O00 or any other amount to
elect me to tne senate.
'I have hesitated to bring the names
until after the election was over.
Hits the -larlans Hard.
"But the most regrettable circum-
was another witness. He has been pro- stance in all the rewards, that were
moted to be inspector in charge at St
Louis since performing- his active work
against me. As is well known here in
Kansas, he entered the service in the
first instanco through fraud.
"Even a poor clerk in the attorney
general's office, of the postoffice de
partment, by the name of Paul Kaiser,
who testified only to a trifling incident!
but under the schooling of Robb gave
the incident as bad a coloring as pos-
given by the president, contemporan
eously with the proceedings against
me,, was the appointment of Mr. Jas.
Harlan, son of Mr. Justice Harlan, on
the interstate commerce commission.
'In 1905, when my case was first
before the supreme court, and was re
versed, Mr. Justice Harlan stood alone
in rendering a dissenting opinion that
of my friends before the public In
this way. It is not a pleasant thing to
do. But I stand convicted of having
used my high office in violation of law.
for personal gain. In order to accom
plish my ruin, tne powenui innuences
pursuing me have given wide public
ity to the charges that I obtained my
office through , the corrupt use of
money, and that I stood as the repre
sentative of money in politics.
These men. I have named know
s
PUBIFIES
"T" -r ?
As every part of the body. Is dependent on the blood for nourishment
and strength, it is necessary that this vital fluid be kept free from germs
imparities and poisons. As long as it remains uncontaminated we are for
tified against disease and health is assured ; but any humor or impurity acts
rU? ?nMtll!iJ-8tem affe:t3 the general health, or culminates in
some special blood disease. Pustular eruptions, pimples, rashes and the
different skin affections show that the blood is in a feverish and diseased
condition as a result of too much acid, or the presence of some irritating
humor. Sores and Ulcers are the result of morbid, unhealthy matter in the
blood and Rheumatism, Catarrh, Scrofula, Contagious Blood Poison etc
are all deep-seated blood diseases that continue to grow worse as Ion? as the
impurity or poison remains in. the circulation. Some persons are born with
an hereditary taint m the blood and we see the effect manifested in various
Xf , Sr. a , a Plid. appearance, the eyes are weak, glands
in the neck often enlarged and usually the body is not fully developed or
strong, because it has always been fed on weak, impure blood. In all blood
troubles S. S. S. has proved itself a perfect remedy. It goes down into the
circulation and removes all poisons, humors, waste or foreign matter and
makes th,s stream of lifepure and health-sustaining. Nothing reaches
inherited blood troubles like S. S. S.; it removes every particle of taint
purifies and strengthens the weak, deteriorated blood, supplies it with the
healthful properties it needs and establishes the foundation for good health
Rheumatism, Catarrh, Scrofula, Sores and Ulcers, Skin Diseases, Contaeious
F cf1SOn and tlood diseases and disorders are cured permanently
, , U ls.made entirely of roots, herbs and barks, and is the King
tf all blood purifiers. Book on the blood and any medical advice desired
ent free. . . THE SWIFT SPECIFSQ GO., ATLANTA, GaT
w ill forever remain as a dark spot on these charges to be false. There are
his judicial record. At that very time
it was known that, in a few days af
ter such opinion was rendered, that
there would be two, if not three, va
cancies on the United States district
federal bench, in the state of Illinois,
whither James Harlan had gone but
a short time before, perhaps to be
eligible for one of these lookedfor va
cancies. 1 .
"At any rate; it Is known that Mr.
Justice Harlan,:i at that time, was
pressing the president for the appoint
ment of his son to one of these vacan
cies. It was also known that the pres
ident, unless he was fooling Justice
Harlan, looked with great favor on
the young man for one of the places.
It was given out. by his official organ
in Washington, that if the - senators
from Illinois could be induced to in
dorse young Harlan he should have
one of the places. And later. It was
given out that it was because of their
refusal to make such indorsement that
he did not get the place.
"When my case was before the su
preme court, the la3t time. Mr. Jus
tice Harlan handed down the opinion
of the majority of the justices, against
me. Shortly thereafter, his son,
James, was appointed on the inter
state commerce commission. All this
is about enough, on its face.
"But when it is known that the
president stood ready to appoint this
man, who had never tried a dozen
law-suits in his life, to a life . position
on the federal bench, and that now he
has put him in a position where he
has in his hands, together with his as
sociates on that commission, the con
trol of fifteen billions of dollars' worth
of property, and which property, In its
bun (Ulnar, affect c the value of nearly
hundreds of other friends in the state
I have not named who know that the
charges are false. "I state the simple
truth, and the people of the state know
It, when I say that I' stood for years
before, and- at the time of my election.
as the representative of the better ele
ment in politics in Kansas. No man
who was close to me in that fight had
up to that time ever accused me of be
ing a boodler or a grafter.
proposes to- Live Case Down.
"The boodlers and grafters in Kan
sas were against, me. They fought me
to tno ena. - i ney rougnt me with the
spirit of a desperado after I was elect
ed. Therefore I feel justified in mak
ing the foregoing statements, appeal
ing to these witnesses, to the end that
The Old Way
TO
SAvr
WOOD
Means bard work o doas tha "old way"
poiisning stovaa ana stov pipe.
Try the New Way I Us 6-5-41
It shines itself, is applied like paint,
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these malevolent falsehoods about me
may be forever-set at rest,
"I won my election in a fair ' and
open fight, with the help of a band of
inenas as loyal and true as ever sup
ported any candidate. I took my cre
dentials untarnished, and when I . re
signed they were untarnished still. I
know full well that the latter part of
the last statement is denied by a judg
ment of the highest court in the land.
I realize, perhaps more than anyone
else can, the deep stain that is upon
my name, and the name of our proud
state. But it is not an Indelible stain.
That decree records - a- lie. My past
life contradicts It. I hope, If I, live
my- future life will help to wipe - It
away.
Roosevelt and Sugar.
"It is a common saying in legal par
lance that the decree of a ronrt im
ports absolute verity: " But all history
ucaci.es mat mis is a legal fiction. The
people, who are wiser and more virtu
ous than all the courts, have set aside
many an unjust decree.
I made the best, fieht I could In tha
courts for my honor and e-oort nama
and for the honor . and eood name oi
my state, but I lost. I shall appeal
my case to the people. Into that-forum,
the citadel of all power if our liberties
are . to be preserved, I will take my
case, with a confidence Inspired by
innocence, and With an abiding faith
in the ultimate triumph of truth.
"I have been frequently asked who
it was that inspired this unjust and
crue persecution against me. I hav
not made any public answer to that
question. I do it now. . It was Tboo.
dore Roosevelt. .
Mr. Burton then entered Into a
lengthy discussion of the tar-ifT and re
ciprocity. He claimed that the sugar
trust opposed him and claimed that the
president attempted to force him to
support Cuban reciprocity.
About Kansas Politics.
He then passed to a discussion of
Kansas politics. He said:
"In the months of December and Jan
uary", 1903-4, and up to the death of
Senator Hanna, which occurred early
in February, Roosevelt was in a state
of frenzied excitement, that was piti-
noie io see.- Hanna was popular, and
a ; very lar&e number of Republicans
wanted him to be the Republican nomi
nee for president. There was also a
large dissatisfied class, as there always
Is, who talked for Hanna. But the
greatest danger to Roosevelt was that
the business interests, who distrusted
the president, might throw all their
power to Hanna.
"Mr.- Robpevelt could be assured onlv
of Mr. Root's clients, the 'sugar trust,'
and their mighty connections, and even
they thought well of Hanna. It is well
known by those who were acauainted
with events at Washington, that tt the
time named, Roosevelt was - bringing
everytning to Dear to get Hanna open
ly to declare that he was not and would
not be a candidate. In this he was
not successful. Hanna remained silent
and his eilence drove ' Roosevelt well
nigh .to madness!
The Case or Judge Pollock.
There was a vacancy In the office of
United States , district Judge - for Kan
sas, tnd there wre several applicants
for the place. The president had per
sonally requested each member of the
delegation to unite in an indorsement of
some one of the candidates. The ilel-
gatlon met for that purpose, when It
was discovered that charges had been
made against one of the applicants.
Judge John Pollock, then a member , of
the Kansas supreme bench. Pollock
was supported by my colleague. Sena
tor Long, and Representatives Murdock
and Campbell. . They asked - that the
delegation adjourn until the depart--
fflnl nf iiistiro ji th. nrsclrlAtir
hawe rtime to- Investigate the 'charges'
Tne -delegation reaaiiy. compued, . with
the request.
On Wednesday, the day before
Thanksgiving, the delegation met, about
11 a. m., in Senator Long's office, when'
the senator stated that he was directed
by. the president to say. to the delega
tion that the charges against Judge
Pollock had been met and, disproved by
him, and that the judge stood before
the delegation exactly as did each of
the other aspirants, nothing . pending
against any of them, and that the pres
ident hooed the delegation would be
able to get together and unite in Its
indorsement of. some one man for the
place. . '
wmie this message was being de
livered to us by Senator Long, Judge
Pollock's name was on Its way from the
White House to the senate, his appoint
ment having been sent in. by the presi
dent, while the delegation was .yet in
session. - For the delegation. It ought to
have been the first day of April.
How did it happen? Judge Pollock
had, in Washington, two friends, who
had- discovered the frenzied condition of
Roosevelt's mind about Hanna. The
state convention In Kansas was to meet
early, and "name delegates to the na
tional convention. Its action would have
a great Influence on other states. There
was a hot fight going on in Kansas
against Governor Bailey and the or
ganization behind Senator Long. These
two friends of Judge Pollock knew of
the feeling of the president against me.
and that Jie could be reached only
through his fears. They also knew that
thererwas. great danger, that the dele
gation might unite on Mr. N. H. Loomis,
another one of the candidates, for the
place.-
How the Trick Was Turned.
''So the night before the day of this
last meeting of the delegation they con
ceived the idea of scaring Roosevelt In
to appointing Judge Pollock. They de
elded that one of them the next morn
ing should go to the president and tell
him that I had offered, if they and tn
Long faction would allow, me to head
the delegation to the national conven
tion, and select all the other members
of the delegation, would Indorse Judge
Pollock, and with the senators agreeing
it would be an easy matter to unite the
delegation on him. Accordingly early
the next morning one of the parties was
at the White House, sought and obtain
ed an audience with the presidentshort-
ly after 11 o'clock and told him this
falsehood.
"Roosevelt, as was expected, went in
to the air. He fell all to pieces and be
gan to rage like a maddened wild ani
mal. He saw the frightful visage - of
Mark Hanna before him; he saw me at
the head of the Kansas delegation at
Philadelphia in 1900. He called his sec
retary, obtained a blank appointment,
and appointed Pollock, then and. there,
and hurried his message off to the sen
ate with it, lest my machinations should
embarrass the situation before the deed
could be done. - : - -
"That is jusf how Judge-Pollock came
to be appointed. . ,' . ..
"Long, who has been guilty of every
kind of treachery toward me, is acquit
ted of any knowledge of this clsver
maneuver on the part of the two friends,
to which I have referred. There were
good reasons why the parties would not
tell It. No member of the delegation
knew of it until long after it was. done.
Of course, it was a lie, made - out of
whole cloth.. In the first place, the men
who were to go,-and who did go to the
national convention as delegates, had
been selected long before this time." The
only Interest I had in the delegation
was that Mr. ' Mulvane should remalu
on the national committee and that fact
was known by all my friends, and ene
mies as well. .
Although Roosevelt.' On several occa-
What "Jrreservea in a v acuum m
U Means to Apple Butter g (J
1 11 - - ip?v: QLs If I
Mfi If
I HI TTRUIT PRESERVES "work" Or for- Handv Ell I'
I ill ment if permitted to come in contact fcl H U Jf ill
I 111 withthoair- Packages : Ji
ill Even the little air yon leave in the top At Our Risk J
ll of the Jar, when gg-sa Jf- Every grocer U fl
111 you "put up" fruit IT; m i authorized to refund II
. l athomewulgrad- f-ZZ fce' UJoT&"' J ..
- I II ually destroy the "S4&'y: like Tamtora. I
I 11 flavor and ruin- silffctiiliy?" '" ' Thla becauao Cly 1 -
, 1 your preserves. lOTJ yTor.oS
Our New Vac SfffSS 'H
II num process of i iYRU- ;. - can't mlas it. 1
II nackincr abso- ;! We invite the moat
II f . i . -'L39SSS!92? i rlsid inveaUeation I
II lutely prevents 5:7iW by'all Pur. Food 1
1 1 fermentation and T tilVTXXI. Commiaaionera. I
l holds all the tfv0 Order by name. J .
freshness and flavor of the native fruit. . I i
That's why in Clymer's Apple Butter t?S) ' 1
Jl I Termors we use only selected, fine- JJ3J 1 1
etU ttsU'-qnaHty"'' fi 1
I ill Termors the flavor of mel- jlS jL, 2a.J 1 -
'tilt loW sweet tider our Apple tyPi fTfjlj H 11
1 1 . St. Louis, U.S. A. -. 1 1 j
sions, sputtered his malice toward me,
like a monkey in convulsions, it did not at
all alarm me about my political future.
My friends all knew that It was my judg
ment that he should be nominated. Con
ditions were such that any other nomina
tion would endanger the success of the
ticket. There was absolutely no danger
from me, nor from my friends, to Roose
velt. But he had greatly wronged me. He
knew he deserved Just this kind of treat
ment at my hands, if I was in a position
to give it to him, and taking counsel of
his fears, he acted as I have said, in or
der to prevent me from doing what I had
never thought of doinar.
"It is only necessary to add that I was
repeatedly offered everything the Long
faction had to give if I would indorse
Judge Pollock. The reason I could not do
this was, first, my particular friends were
not for him, but there was another rea
son, far more potential than- this. The
party In the state at that time was di
vided into two hostile camps the one rep
resented the better element in politics,
the other was the machine, whose meth
ods were not commendable. Almost to a
man this latter class were for Pollock,
while the members of the former faction
were against him.
."The legislature that had elected Sena
tor Long made a very bad record. It was
corrupted in the state printer and sena
torial elections. The people of the- state
were aroused. - Their fury, shortly after
wards, broke forth and defeated Governor
Bailey for renomination, setting aside the
state chairman, Albaugh, and nominating
Governor Hoch. ' Nothing contributed
more to bringing this about than the ap
pointment -of Judge Pollock,, yet the judge
was. not to blame for this In. any way.
Ha-had done nothing toward creating this
relsrn of corruption. -It' was the 'Sacotdettt'
of politics that made-the boss rbusters
against Pollock and the; machine for him.
"I have been told, and I think it true,
that he never knew of the. lie told the
president,' that secured his appoiatrnent.
These two friends invented another story,
base'd orr some-correspondenee between a
high government official and another
member of the Topeka bar, as the reason
of the president's precipitous action.
The "Bosa Buster", Campaign. . '
"After Judge Pollock was appointed I
wrote letters to D. . W. Mulvane, T. T.
Kellv. J. R. Burrow and Frank Grimes.
each well known to be my personal and
political friend, 1n which I gave reasons as
the-" appeared-to- me why Governor Bai
ley should Da- .renominated -and .asked
them to show the letter to Mr. Hoch and
dissuade him if they could from entering
the race for governor. They did so, and
Governor Hoch announced his declina
tion, refusing to become a candidate. I
went to. Topeka. during the holidays and
still further attempted to allay the ex
citement that had been growing for a
year against what was called the : ma
chine, the faction really behind Senator
Long.
"I returned to Washington, hoping that
the storm would blow over. It would
have done so, but for the action of some
of Mr. Long's inconsiderate friends, who
had not been advised as to how Hoch had
been kept off the track. They began to
badger and insult those who were opposed
to Governor Bailey, and literally kicked
Hoch back on the track. Then the prai
rie did get anre past everyDoay s control.
I had not been back in Washington two
days until Hoch had been drafted, and
the hottest or not ngnts was on.
"I have given the foregoing facts, well
known, now, to be true, well known, at
that time, by Mr. Long., to be true, for I
showed him the letters I wrote to Mul
vane, and the other friends, and showed
him their answers, giving the success
they had with Hoch all of which deeply
, . . v. i . ; .. , 1 1 ,-. ; .
lntercateu .mm nuu tun xutiumms. icii
some one some one whom the president
then believed told him that all the tur
moil in the party in Kansas was my
work, that I had gone to Kansas and got
Hoch back on the track for governor;
that my purpose was to control the state
convention, and in that way head the del
egation to the national convention. .
Who Kept Roosevelt Posted?
"Now, who was it, who continued to
work on the fears of the president against
me? Senator Long had been told by him
that - he intended or I think the exact
words were: 'I may indict Senator Bur
ton.'. He had been tola, this two or three
days before Judge Pollock was appointed.
He concealed this Information from me; I
let the reader Judge, in view of all the
facts I have given, -and the further facts
I shall give, who it was, who was keeping
the devil fear aroused in Roosevelt against
roe.
"The county conventions had been near
ly all called in Kansas. My friends, nine
out of every ten standing for the decent
element in politics in the state, were sup
nortlnar Hoch for governor. The position
of my friends was pointed to as my posi
tion. 1 was Diamra - lor 11 blii. a xaise
coloring was given to the whole move
ment. The president was led to believe
it was a fight, under cover, on him. His
mind full of poison against me, his hatred
4eepseated. his fears of Hanna, and that
I was operating for. him, drove him .well
nigh to madness.
"Awaiting the ethical moment when it
was thought my Indictment would.be a
blow from which my friends could not
recover, he movea against me as ruth
lessly as cowardly and from motives as
L. M. PENWELL
Undertaker and Embalmer.
511 Qulncy Stroet.
Both Phones 191
Geo. N. Ray. Assistant. .
base as ever inspired the assassin to
strike his victim from safe ambush in the
dark. I know the full import of the fore
going words. I know all the perfidy and
dishonor they portray, but whatever tha.
world may think of them, now or hereaf
ter, there are two men who know they
are true one is J. R. Burton and the oth
er is Theodore Roosevelt.
The Roosevelt Ambition.
"I believe there are others, and know
ing the man as they do, many who do
not know the facts in this case, do know
that he is capable of doing all, and more
than I have charged against him. This
waa why I was first struck down, why i.
was hounded for years, for a crime 1 nev
er committed; while all the vast enginery
of the government was brought against
me; why perjury, subordination of per
jury; intimidation of some, and promo
tion of other government official lmmunl
lty to criminals; why every crime that
can surround a court of Justice was com
mitted to hunt me to death.
"To convince any fair minded man that
Theodore Roosevelt prosecuted me from
malice I need only recite that he was in
:Cnsed because he- could not keen me '
uj"s .longer in jalL lie ay het th.ifks.-my.
uniahment- was too light.
"He highly honored ex-Senator . Pritch
ard, who acknowledges to being guilty of
the crime with which I was accused. He
overlooks the acts of another senator, the
evidence of whose guilt is in writing, filed
with the secretary -of the interior. Thes
are samples of hundreds of cases which
illustrate .his much vaunted policy of a
'square deal.' He prosecuted me on a
forgotten statute, that four of the Justices
of the supreme court say does not appy
to -a case like that brought against me.
"My only possible crime, if guilty, was
the violation of a law, by misinterpreta
tion a law that neither I nor my col
leagues knew was 0:1 the statute books.
If 1 was bound to interpret it aright, or
be guilty of a crime, what must be said
of the justices of the supreme court, who
divided as nearly as that court can divide'
as to its meaning?
"What has been my punishment? What
was I? What am I now? I had, without
wealth by my own efforts won the confi
dence of as intelligent, as honest and
proud a constituency as can be found in
t"ai country, or In the world. That wo
ple had bestowed on me the highest honor
they bad to give. I had done in Kansas,
what Roosevelt never could have done ia
New 1 rk. but for . the accident of the
Spanish-American war, with the mighty
force that accident placed in h:'s hands
a power immeasurable, almost unthinka
ble, he hurls me from my high position,,
strips mo -of my honors, send me to jail,
pil'.oriew m name .with the brand of a,
criminal, throughout the land, places up
on -mo a Daoge 01 iniamy 1 must wear
through life, and yet his malice is not ap
peased .
"If, perchance, I am free from such
malevolence, would not wisdom hold my
condition more enviable than his? Cj:i
any kind of earthly honors or regal trapping-
bring ease to a mind full of such
hate and revenge? Whatever may be the.
thought of me, is not his malice most pit
iable? Can any American citizen see such
an exhibition of foaming rage in the chief
executive without a feeling of humilia
tion? -
Fears Xo Mailed Hand. ;'
"I have divined his motive in thus try
ing to wrong me further. His ambition i
not, never can be, satisfied. He asDirea
:o honors greater than were accorded to
Washington, Lincoln or Grant. He fears
I am not quite dead, and buried beyond
resurrection. He would utterly destroy
me. In that he can not succeed. His'
malice shall defeat itself. .
"1 do not believe in the law of oppor
tunity so classically expressed by Ingallan
That is the opportunity of the adventurer
and the gambler. It Is the philosophy of
chance, hate and despair. I believe in
thi; philosophy of reality, love and hope.
Instead of coming but once, with stern
visage, and if not admitted and embraced,
depart forever. I believe opportunity
knocks eternally at every gate; that the
angel vistant is always just outside the
d.or, ever waiting for it tu be opened by
the hand of love. 1 ,
"Malice, hate, revenge, ambition, covet
nmneflH and other evil passions alwara
came with thatklnd of opportunity describ-"
cd by tno ivansas pnuosopner ana pott'
Sucli oprortunity is ever evanescent, un
certain, unreal, disappointing. But there
ia far. rar sweeter, greater and Better op
povtunity that is ever present, all power
ful, satisfying, and ever available to
every man. It Is the opportunity afforded
by love. Even
"The gate that's chained by hate to hate.
Opens w4de to love.
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'With a consciousness of innocensa an
with a heart brimful of life ana hope. I
enter joyfully into the work that Ilea bei
fore me. Yes. I shall succeed in spite of
his fury. Aa I have opened the door of
opportunity in the past, so I will open it
agnin, and again, Jn the future.
"The mailed hand of Theodore Roose
velt, with all the power- of his mighty
office, cannot keep the door of hops
closed against me, nor against any man
who will waste no time in 'provokimr
nor brooding over injury,' but has an
abiding faith In the philosophy of good.
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