Burns was nominated by President Theodore Roosevelt on April 12, 1902, to the United States District Court for the Southern District of Texas, to a new seat authorized by 32 Stat. 64. He was confirmed by the United States Senate on April 24, 1902, and received his commission on April 22, 1902.This is the date given by FJC Bio, but is clearly incorrect, as the commission date must be on or subsequent to the confirmation date. The Congressional Record for April 24, 1902, confirms the confirmation date as given by FJC Bio. His service terminated on November 17, 1917, due to his death in Laredo, Texas.
