Joseph R. Burton
Encyclopedia
Joseph Ralph Burton was a lawyer
and United States Senator from the state of Kansas
.
, Indiana
. His father, Allen C. Burton, was descended from English
ancestors, who came to America to escape the reign of Cromwell
in the 1650s, and settled near Richmond
, Virginia
. His great-grandfather, John P. Burton, moved to North Carolina
during the Revolutionary War
, and in 1820 went to Indiana, where he founded the Indiana line of Burtons. His mother, Elizabeth Holmes, was of Scottish-German descent.
He attended the district school and the academy at Mitchell, and at the age of sixteen received an appointment as cadet at the United States Naval Academy
at Annapolis
, but failed to pass the physical examination. He taught school for a time, spent three years in Franklin College (Indiana), and one year at DePauw University
at Greencastle
.
, and in 1875 was admitted to the bar. In the spring of that year he married Mrs. Carrie (Mitchell) Webster of Princeton
. In 1876 Mr. Burton was nominated by the Republicans for presidential elector and made many speeches during the campaign. In 1878 he moved to Abilene
, Kansas
, where he formed a partnership with Judge John H. Mahan for the practice of law.
in 1882; was re-elected in 1884 and again in 1888; and was appointed a member of the World's Fair Columbian
Commission at Chicago
in 1893, representing Kansas. In 1895 Burton lacked but one vote of being the Republican Party
nominee for United States senator. But in January, 1901, he was elected senator and served from March 4, 1901, until June 4, 1906, when he resigned. While in the Senate, he was chairman of the Committee on Forest Reservations and Game Protection (Fifty-seventh
and Fifty-eighth Congresses
).
, Missouri
, on the charge of having accepted $2,500 from the Rialto Grain and Securities company (a “get-rich-quick” concern), of that city, to use his influence with the postoffice department to prevent the issuance of a fraud order against the company, denying it the use of the mails. Burton was tried before Judge Adams of the U.S. district court at St. Louis in March, found guilty and sentenced to pay a fine of $2,500 and serve six months in the jail at Ironton, Missouri
. Burton's defense was that he was acting within his rights, and that the money received from the company was nothing more than he was entitled to as attorneys fees.
He appealed the case to the United States Supreme Court, which in January 1905, reversed the decision of the district court, on the grounds that the money was paid to Burton in Washington, and remanded the case for a new trial. The second trial was before Judge Van Devanter
of the United States circuit court at St. Louis
in November 1905, and resulted in the same sentence as that imposed by Judge Adams's court. A second appeal to the Supreme Court followed, and this time the decision of the lower court was sustained.
On June 4, 1906, Burton resigned from the Senate.
Joseph Burton died in Los Angeles, California
in 1923; the body was cremated and the ashes deposited in the columbarium of the Los Angeles Crematory Association. The ashes were removed in 1928 for burial in the Burton family plot in Abilene Cemetery.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and United States Senator from the state of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
.
Early life
Burton was born and reared on his father's farm near MitchellMitchell, Indiana
Mitchell is a city in Lawrence County, Indiana, United States. The population was 4,567 as of the 2000 census.It is the birthplace of astronaut Gus Grissom, who flew on Liberty Bell 7, Gemini 3, and died in a launch pad fire at Kennedy Space Center in 1967....
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. His father, Allen C. Burton, was descended from English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
ancestors, who came to America to escape the reign of Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
in the 1650s, and settled near Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. His great-grandfather, John P. Burton, moved to North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
during the Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, and in 1820 went to Indiana, where he founded the Indiana line of Burtons. His mother, Elizabeth Holmes, was of Scottish-German descent.
He attended the district school and the academy at Mitchell, and at the age of sixteen received an appointment as cadet at the United States Naval Academy
United States Naval Academy
The United States Naval Academy is a four-year coeducational federal service academy located in Annapolis, Maryland, United States...
at Annapolis
Annapolis, Maryland
Annapolis is the capital of the U.S. state of Maryland, as well as the county seat of Anne Arundel County. It had a population of 38,394 at the 2010 census and is situated on the Chesapeake Bay at the mouth of the Severn River, south of Baltimore and about east of Washington, D.C. Annapolis is...
, but failed to pass the physical examination. He taught school for a time, spent three years in Franklin College (Indiana), and one year at DePauw University
DePauw University
DePauw University in Greencastle, Indiana, USA, is a private, national liberal arts college with an enrollment of approximately 2,400 students. The school has a Methodist heritage and was originally known as Indiana Asbury University. DePauw is a member of both the Great Lakes Colleges Association...
at Greencastle
Greencastle, Indiana
Greencastle is a city in Greencastle Township, Putnam County, Indiana, United States, and the county seat of Putnam County. It was founded in 1821 by Scots-Irish American Ephraim Dukes on a land grant. He named the settlement for his hometown of Greencastle, Pennsylvania...
.
Lawyer
In 1874 Burton began to read law in the office of Gordon, Brown & Lamb, at IndianapolisIndianapolis, Indiana
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
, and in 1875 was admitted to the bar. In the spring of that year he married Mrs. Carrie (Mitchell) Webster of Princeton
Princeton, Indiana
The median income for a household in the city was $26,689, and the median income for a family was $37,308. Males had a median income of $28,076 versus $19,825 for females. The per capita income for the city was $15,049...
. In 1876 Mr. Burton was nominated by the Republicans for presidential elector and made many speeches during the campaign. In 1878 he moved to Abilene
Abilene, Kansas
Abilene is a city in and the county seat of Dickinson County, Kansas, United States. As of the 2010 census, the city population was 6,844.-History:...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, where he formed a partnership with Judge John H. Mahan for the practice of law.
Politician
He was elected to the Kansas House of RepresentativesKansas House of Representatives
The Kansas House of Representatives is the lower house of the Kansas Legislature, the legislative body of the U.S. State of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for crafting and voting on...
in 1882; was re-elected in 1884 and again in 1888; and was appointed a member of the World's Fair Columbian
World's Columbian Exposition
The World's Columbian Exposition was a World's Fair held in Chicago in 1893 to celebrate the 400th anniversary of Christopher Columbus's arrival in the New World in 1492. Chicago bested New York City; Washington, D.C.; and St...
Commission at Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
in 1893, representing Kansas. In 1895 Burton lacked but one vote of being the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
nominee for United States senator. But in January, 1901, he was elected senator and served from March 4, 1901, until June 4, 1906, when he resigned. While in the Senate, he was chairman of the Committee on Forest Reservations and Game Protection (Fifty-seventh
57th United States Congress
-House of Representatives:*Democratic: 151*Republican: 200 *Populist: 5*Silver : 1TOTAL members: 357-Leadership:-Senate:* President: Theodore Roosevelt , until September 14, 1901, vacant thereafter....
and Fifty-eighth Congresses
58th United States Congress
- House of Representatives :* Republican : 209 * Democratic : 176* Silver Republican : 1TOTAL members: 386-Senate:* President: Vacant* President pro tempore: William P. Frye -Members:...
).
Bribery
On January 23, 1904, Burton was indicted by a Federal grand jury at St. LouisSt. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, on the charge of having accepted $2,500 from the Rialto Grain and Securities company (a “get-rich-quick” concern), of that city, to use his influence with the postoffice department to prevent the issuance of a fraud order against the company, denying it the use of the mails. Burton was tried before Judge Adams of the U.S. district court at St. Louis in March, found guilty and sentenced to pay a fine of $2,500 and serve six months in the jail at Ironton, Missouri
Ironton, Missouri
Ironton is a city in Iron County, Missouri, United States. The population was 1,471 at the 2000 census and is 12 Miles South Of Belgrade. It is the county seat of Iron County.-Geography:Ironton is located at...
. Burton's defense was that he was acting within his rights, and that the money received from the company was nothing more than he was entitled to as attorneys fees.
He appealed the case to the United States Supreme Court, which in January 1905, reversed the decision of the district court, on the grounds that the money was paid to Burton in Washington, and remanded the case for a new trial. The second trial was before Judge Van Devanter
Willis Van Devanter
Willis Van Devanter was an Associate Justice of the United States Supreme Court, January 3, 1911 to June 2, 1937.- Early life and career :...
of the United States circuit court at St. Louis
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
in November 1905, and resulted in the same sentence as that imposed by Judge Adams's court. A second appeal to the Supreme Court followed, and this time the decision of the lower court was sustained.
On June 4, 1906, Burton resigned from the Senate.
Later life
After his resignation he returned to his law practice in Abilene and engaged in the newspaper business.Joseph Burton died in Los Angeles, California
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
in 1923; the body was cremated and the ashes deposited in the columbarium of the Los Angeles Crematory Association. The ashes were removed in 1928 for burial in the Burton family plot in Abilene Cemetery.