New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1917-12-05
DEFENSE SOCIETY
after LAF0LLETTE
Calls His St. Paul Speech Disloyal
to the United States

Washington, Dec. 5.-"Robert M.
| La Toilette for the time being a
senator Of the United States from the
State Of Wisconsin, is accused by us OF
giving aid and comfort to the public
enemy by disloyal utterances, made
and circulated outside the senate.
notably those made in his St. Paul
speech in September, 1917'-so opens
a brief presented today by the Ameri-
can Defense society to the senate COM
mittee investigating the speech in
question.
1--WE therefore ask the expulsion Of
Robert M. La Toilette from the
senate" says the brief, with the
further remark that 1.-THE United
States senate owes it to its dignity to
repudiate such representation of
any portion Of its great republic and
to terminate forthwith his facilities
for further mischief at the expense of
the government"
The brief is signed on behalf OF the
society by Henry Wynans Jessup of
Richard NJ. Hurd, chairman of the
society, and w. H. Gardiner, chair
man Of the INTELLECTUALLY committee.
AA0 gives LA0 QOAulS OIL
the complaint, which the society pre-
sents as follows:
"A. That in the City Of st. Paul,
after the country was at war, and
without the excuse Of his senatorial
privilege, he uttered, In q public ad-
dress widely reported and published
and circulated and for a considerable
time unrepudiated by him, words dis
loyal to the government calculated to
1ncite opposition to it's measures of
conducting the war, and disclosing his
unf1tness further to participate in the
national councils for the national
safety and defense.
"B. And that while the country
Is at war and while a. senator Of the
United States, he has abused his
privilege as such senator by gratui-
tously distributing over his frank ut
terances calculated to incite opposition
to the government OF the United
States in the prosecution Of the war,
and to produce dissatisfaction among
the people,"
The brief asserts that Senator La
Toilette is mot loyal to the govern
ment of the United States, but is
actually, regardless of his intent, Civ
ing aid and comfort to the public
enemy" 1t emphasizes that 1.-The
fact that the nation is at war makes
applicable considerations not justi-
fable in normal conditions
Seven considerations are enumerat-
ed In the brief as follows:
Il. A propaganda Of disaffection,
calculated to incite opposition to the
government while at war in respect
to its prosecution, of the war or the
righteousness Of such war inevitably
gives aid and comfort to the public
enemy, Is incompatible with loyalty.
and a Senator engaged in 50 acting
has ceased to be a useful or proper
incumbent of the office.
"2. No question Of Senatorial priv
ilege Or the constitutional right to
free speech is affected by the inquiry
before the committee.
"3. The conduct and utterances Of
the respondent Senator have shown
him to be unfit for the further exer-
else of his office.
-. In the light OF the foregoing,
terpreted as the man on the street
would interpret them. and not "a a
court Of justice would construe them
in applying a penal statute.
"5. There can be no question as to
the power Of the Senate to expel a
mem Der for reasonable or disloyal Ut
terances.
"6. For the purpose Of the In
Equity the definition Of treason in the
Constitution is not the only deter
mining consideration. But the Senate
may at any time determine whether
or not one Of its members is any
longer At, for whatever reason, to