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 THE CONVICTION OF A SENATOR

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THE CONVICTION OF A SENATOR BY WALLACE MCCAMANT On hearing of this charge, Senator Mit ON the third of July, 1905, United States Senator John H. Mitchell was con chell left Washington and reached Portland victed in the Circuit Court of the United on December 24, 1904, for the purpose of States for the District of Oregon of a viola testifying before the grand jury. He ap tion of Section 1782 of the Revised Statutes. peared before the grand jury on December This statute, in so far as it is material in 28, but notwithstanding the testimony connection with the charge against Senator which he gave before that body, on Decem ber 31, he was indicted for complicity in Mitchell, is as follows: "No senator . . . after his election and the Puter conspiracy. during his continuance in office . . . shall The same grand jury found a second in receive or agree to receive any compensation dictment against him on January 31, 1905, whatever, directly -or indirectly, for any in connection with an additional alleged services rendered, or to be rendered, to any conspiracy to fraudently secure goverment person, either by himself or another, in lands. The indictment on which the sena relation to any proceeding ... in which tor has been convicted was found on Febru the United States is a party or directly or ary i, 1905. It charges in seven different indirectly interested before any depart counts an unlawful agreement on the part ment, court, court-martial, bureau, officer, of Senator Mitchell, in connection with his or any civil, military, or naval commission law partner, A. H. Tanner, to receive, and whatever. Every person offending against the unlawful receipt of, certain moneys this section shall be deemed guilty of a from Frederick A. Kribs, for services ren misdemeanor and shall be imprisoned not dered and to be rendered before Binger more than two years and fined not more Hermann, as Commissioner of the General than ten thousand dollars, and shall more Land Office, in connection with certain land over by conviction therefor be rendered entries, chiefly timber claims, which were forever incapable of holding any office of pending in the Department, and in which honor, trust, or profit under the govern the United States was interested. There was a fourth indictment found by ment of the United States." The indictment of Senator Mitchell on this the same grand jury against Senator Mitchell, charge is the outgrowth of certain prose in which he was charged with complicity cutions which have been undertaken by in a conspiracy to create a new forest re the government in connection with land serve in the Blue Mountains in Eastern frauds perpetrated in the state of Oregon. Oregon, with a view to the profit of private On December 7, 1904, S. A. D. Puter and a individuals who were interested in utilizing number of other defendants were convicted lands already taken up within the contem of conspiracy to defraud the government plated reserve for the creation of scrip on out of certain lands in the state of Oregon, which government lands could be located in and these defendants thereupon made con other sections. The indictment found on February i, is fessions implicating certain men in high offi cial life. Puter, in his confession, alleged the one which came on first to be tried, and that he had paid Senator Mitchell two is the indictment which has attracted the thousand dollars for securing Mitchell's in largest share of public attention. It was fluence in pushing through certain fraudu followed on February 8 by an indictment of Senator Mitchell's law partner, A. H. Tan lent entries in the land office.