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| Burton v. United States ： ウィキペディア英語版 |
Burton v. United States
''Burton v. United States'' is the name of two appeals to the Supreme Court of the United States by Senator Joseph R. Burton (R-KS) following his conviction for compensated representation of a party in a proceeding in which the United States was interested: ''Burton v. United States'', 196 U.S. 283 (1905)〔Burton v. United States (''Burton I''), 196 U.S. 283 (1905).〕 and ''Burton v. United States'', 202 U.S. 344 (1906).〔Burton v. United States (''Burton II''), 202 U.S. 344 (1906).〕 Burton was convicted of acting as counsel to Rialto Grain and Securities Company in the United States Postmaster General's investigation of Rialto for mail fraud.
On Burton's first appeal, the Supreme Court reversed his convictions because venue and vicinage could not be proper in the Eastern District of Missouri on the sole ground that Burton's bank sent the check to St. Louis after he cashed it. Further, the Court cited the prejudicial refusal of jury instructions. After Burton was retried and convicted, the Court affirmed, inter alia, on the ground that the agreement between Burton and Rialto had occurred in St. Louis.
Burton was the first defendant convicted under § 1782 of the Revised Statutes, 40 years after its 1864 enactment. Burton and his supporters argued that he was selectively prosecuted, on the orders of President Theodore Roosevelt, for political reasons. Burton also became the first member of the United States Senate to be convicted of public corruption, in fact the first member of the Senate to be convicted of any crime.〔United States Senate Historical Office, (Expulsion and Censure ).〕 The next year, Senator John H. Mitchell (R-OR) was convicted under the same statute for his role in the Oregon land fraud scandal.〔Jerry A. O'Callaghan, ''Senator Mitchell and the Oregon Land Frauds, 1905'', 21 255 (1952).〕
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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