Burton v. United States

Background

Joseph R. Burton, a U.S. Senator from Kansas, was accused of agreeing to accept $2,500 and receiving $500 from the Rialto Grain and Securities Company, a St. Louis business, to act on its behalf before the Post Office Department. The Post Office was investigating whether the company used the mails for fraudulent schemes and might issue a “fraud order” against it. Burton was tried in federal court in St. Louis, convicted on several counts, and sentenced to jail and fines; part of his earlier conviction had been reversed and retried.

Reasoning

The Court addressed two main legal questions: whether Congress could criminalize a Senator’s taking or agreeing to take payment for services before an executive Department, and whether the crime occurred in Missouri so the St. Louis court had jurisdiction. The majority held Congress had authority to pass section 1782 to prevent undue influence and protect executive Departments. The Court treated the Postmaster General as representing the United States and therefore the matter as one in which the United States was “interested.” It also found the agreement was completed at St. Louis when the company accepted Burton’s offer by telegram and letter, so the offense was properly tried there.

Real world impact

The decision allows federal prosecution of Members of Congress who agree to accept or who accept payment to influence federal Departments. It also clarifies that a crime can be tried where an agreement is completed, even if the accused was physically elsewhere. The Court left factual questions to the jury and affirmed sufficient evidence supported conviction.

Dissents or concurrances

Three Justices dissented, arguing “interested” should mean a direct pecuniary interest of the United States and not the broader supervisory interest the majority applied; Justice McKenna limited his support to the receipt count.