Show SENATOR T R DIETRICH IT IL f FOUND U NOT T GUILTY G IL TV Court Instructed the Jury jUf to Bring In Iii a Verdict of Not Guilty of Charge of Bribery OTHER OASES CASES WERE VERE Opinion rinds Finds That Th t lie He Was Not a aU aC aU U C S Senator S at Time Acts Charged Were cre Committed Jon Jan Statch Sena Senator Senator tor toe Charles H II Dietrich mind Jacob Fisher postmaster at Ut Hastings Neb were released d from froni custody today Judge In iii tho the circuit court Instructing the Jury to bring In a ver verdict er diet dict of ot not mint guilty of oC the charges thaniel of ot bribery r etc and ami tho the district attorney entered u n nolle nohie In time the Indictments re ye recently returned against them Immediately litter convening court this forenoon Judge Ju ge hand cd ed down a I decision sustaining lIu the de to demurrer demurrer Interposed Interpose by 1 for tor Sen Sema Sentor tor Dietrich which had hUll been mimetic made on all the time ground that Dietrich was WM not ac actually a member of the time senate tennte when heir tho the alleged bribery took place Time Jim effect of the decision Is U that a nina Is lif not an actual member encumber of oC Congress until ho ito shall hare hlo taken tho time oath at atthe atthe the tho bar of tho the house home to which he li Is Meted elected and that lint he lie Is la not amenable to tho the mw as all a 11 member of Congress and amid an of or thu tho United Suites States ove rim Judge after delivering lila his opinion Instructed the jury juicy to bring In a n verdict of oC not guilty and the time district attorney Immediately en tereda II nolle imalle In time other cases Mell against time the senator A nolle was moa 1111 then themi entered In Iii each of oC tho tim Indictments against lI Postmaster 10 Fisher and both WHO given their liberty 11 rt THE rut OPINION In lit delivering tho opinion of DC the court Judge said laid Tho The court hat has given as careful and exhaustive attention to 10 time the ns liS time lima would permit mind and wo se have havo at It n a conclusion In which we ve weun veura un uro both buth quite agreed cl This Title defendant Is charged with re ye and agreeing to n Il member of or the United States senate or lr a n hart of ot the United Stales HIate Con Can gress t from rota ono ammo 1 for Lor procuring or aiding to inv cUrt for tor him him tho thu appointment of oC post master at nt Noli Neim eh Section 1781 of it tilE the revised tinder 11 r which till the net 1 vt Is III brought contains to two distinct diet I not prohibitions The Tho first paragraph under which this Indictment I Is III brought that every Ir memo mem ln hr her r of nt or III ant agent of the th government who art acts rt be III guilty it Ir f n II ml anti and provides for certain Ii I ii punishment other that Ihl every JI member r of ot rIM nI or Ri nt t of the time government HOi after his libi 11 iret Id Ion loti etc ete tl such chall be lie liable to time tho penalty provided i for the of such nets neti I WHAT IS A m OF Ol O COX CON CO COG G g The Tho opinion thou then define the tho II erict of ot the two to para pam paragraph graphs graph Is IR to In the time effect that a mm man elected to In Ii Congress utica does not hot become a n member of ot that body bull until lie he has antI and taken time the th oath at atthe Atthe atthe the liar bar of ot the house to which ho lie lies has been elected Judge wild soul that tim the court was all unable tumble to n a sin single Rio gin Instance nor imor lied had counsel cited any All Instance where hero n a member of ot Congress after his hlA election amid prior to hl his qualification before anti time the administering of ot the oath by II that body hOIl hail enjoyed greater creator privileges titan than other per soil Kon by b means of their election nl mu though they the often orten enjoyed much great greater reat er or r Influence Tim The lost last paragraph soul time till ourt coUrt refers to nets net which may ilia be committed by ity members of oC Congress K otter II their for or acceptance of ot tim the duties of oC their CONQUERS RS DECLARES E Continuing ho said Under time the law mw therefore timer there Is no tin crime except where Congress HO so declared This court does dO A not mint make this law or say All what It should like to have tt it to be bl Con Congress gress gresa makes inches the time law lillI and atmil the court construes It Here lIere Congress lies has said that members of ot that body bod who take bribes bribeR shall shah bo ho punished U lt might perhaps be bo competent for to enact a 0 law which would make It n u penal offense for tor any person perl on to 10 attempt to secure for tor another nn an othlee under the tho United d States Hates government but hut such sucha a n suggestion Is not Included In this statute Instead of ot saying every person It IB is confined to members of Con Kress othi cers anti agents of oC the time United States The Tho two houses of or Congress under ulder tho time Constitution ore are the tho only judges of oC who shall shah sit l ns os members of or their re respective bodies Tho The district attorney has bus admitted that there was vas aR no 10 session of Congress from March 2 the time late date of ot the tho election of ot Senator Dietrich Detrich and RII Dec Iee 2 time the date of ot time llio of ot Congress Until the lie latter date dul there thero could be hI no question raised rained rl ed us n to his hil actual membership In Iii the time senate tier nor could ho lie qualify quai before tint body hotly until that time timmie Until then thon It Ii was not mint known whether he lie would be he permitted 11 to enter upon his hil duties dutell m on a n United States senator sentor and amid as ii IU a I of ot tho the people of oC Nebraska In II that body bed ME 1 EM lm T Time Tim Th opinion then the I defines the tho mean Ins ing In of ot anti members of ot Congress amid ull dones Our opinion therefore Is II that lint this defendant was waH not miot a u United States senator at mit tho the time of ot f tim tho acts nels charged In hi this Indictment tho the Inhibition tion iou of thIs hi statute Time hl jury Is III In Instructed to unit find n a verdict of ot not hot lot guilty guit TUB r Immediately after the tho verdict wet was Wi ordered or ered for defendant Bummers announced that he wished to enter n a nolle In tho the case cn o ot or Jacob Jocob VIsh VIsher er postmaster post muster at nl Hastings explaining his motion by saying It If I Charles H Ii was wan nH not nol 1 a men lor of ot Congress until after Dec Iee 2 1901 l OI and amid the court haS ban ha held that ho lie howan heW was wan W not then Jacob cannot be bo put upon Ullon trial for or on account ot of agreeing to pay JIl or paying certain sums ot of money 10 to tu him him or performing eon con contracts tracts for tor him him during the months front from July lo to October 1901 midor n mu contract made with him 04 as n u it I member of ot Con Comm COl gross gress whereby Jacob Fisher was WM to bo be appointed postmaster Tho Time court commit made mU l the order and amid then lien thel called caled up lip the thu case Senator Dietrich In which ho lie In is I charged with withholding withholding holding and all enjoying a a lease II f with Ith time thu government senator while he lie le wax was a United The Ihl district attorney stated to tho court that tho time government had hal not lot within W his hid knowledge ever n eL man on Oil trial on what might t l I be termed u II technical violation of tho time law lami II ll Jl hiti saul that under time tUc tl construction Illace upon list 11 Dietrich had II enjoyed thu loam lease limit but a short tIme tHru after ho hu had hai become bOlo a n I tailed Statin senator Is la after lter Inking the oath Ho lie 10 stUd sold that t although hu lie bud received 1 rentals 1111 from troU April Apri 24 i 4 to 10 Dec 1 2 the tho courts curts of ot thu tue Ihl tImers licit thelI hiss has no violation ot of time tho tl law Tim fhe prop property erty v Wil was s deeded to tor I daughter shortly after Cr line Doe n 2 l ol I would not soul tim the dl attorney l tusk ask n a a Jury juicy to n a verdict of lt iC guilty against u n man min hum under any In iU tu CUl unless ss It 1 simm ii a 1 Verdict tice e to tn be lu iii II tin thu Interest of or jus justice Ju Jue Tho rho court tOI t on nn motion mollon of ot the timi district attorney entered a a nolle nolie which cleared 1 tIm th docket ot uC i 8 m against Dietrich and nii Fishier Fisher Adjourned A DECISION CASE Now York Yoth Jan JIU S Former Co Coman Congro man mun who was waa l convicted item hero yesterday t of ot receiving JC for tor aiding In iii the procurement of ot a 8 con comm contract contrat tract trat with the te government in iii 11 his hll de tic sold said that although ho Ie had hilI been elected n a bu h had not tak taken taken en front from trOn ills his sent f t at lt the tho limo tito of ot tin thu al nl leIM Mr mir I r ney tiC contended throughout that lilt hil cli client Ill climit ent mit aa not hot It a n congressman until Int ho he had actually taken Inken the tho lh oath of IC omco hut html time 11 prosecuting attorney maintained that the tho tim defendant a cm member of ot nl rl 1 from front March 4 I when whon tim thu pre preceding ceding r hOIM ot of ad ml adjourned 11 Judge Thomas Tom s left lef It I to hum tho Jury to lO decide whether the term us 55 lint has begun nt at tho time time In auction and ind nd tho the Jury jur JUl brought I In A verdict of guilty gl |