The Hartford republican. (Hartford, Ky.) 18??-1926, 1918-11-22
| MAY BAR BERGER
FROM CONGRESS
Plans Already Started. To
Contest Seat Of
Socialist.
louisville Herald.)

louisville Herald.)
Washington, Nov. let seems
certain that fight will be made to
deprive Victor Berger. Milwaukee So
cialist, of the seat in the lower branch
, of Congress to which he has been
elected.
In preparation for the vigorous at
tempt to prevent Berger from taking
his seat several members have been
looking up precedents on which he
may be barred.
While there is no law on the stat
ute books that would keep Berger
out of Congress, these members say
that because he is under grand jury
indictment for alleged violation of
the espionage act by obstructing re-
cruiting, attempting to cause in
subordination in the armed forces of
the United States and seditious ut
terances, there is abundant authority
under the rules to prevent his serv-
ing, even before his case comes up
for trial.
Two precendents have been found,
including a Civil War case, in which
the House members who are antag-
onistic to Berger feel that they have
located a parallel to the case of the
Milwaukee Socialist.
The cases of Philip F. Thomas, of
Maryland, to whom admission to the
Senate was refused in 1868, and of
Roberts, of Utah, are now being cited
as presidents, illustrating the right
of the House to pass upon the quail
fications of it's members. Thomas
sympathized with the South during
the Civil War, and it was alleged he
had encouraged his son to enlist as
a private in the Confederate army.
After a long debate. the Senate pass
ed the following resolution:
Resolved, that Philip F. Thomas.
nance and encouragement to persons
engaged in armed hostility to the
United States is not entitled to take
the oath of office as senator of the
United States or to hold a seat in this
body as such senator, and that presi-
dent pro tempore inform the governor
of Maryland of the action of the SEN
ate in the premises"
Roberts was not allowed to take
the oath because of his belief in
polygamy. Two clauses of the Con-
stitution are being suggested as giving
authority to the House to decide
whether Berger shall take his seat,
Section l of article l states:
Each house shall be the judge of
elections, returns and qualification of
its members"
Section of the 14th amendment
states:
mo person shall be a senator or
representative in Congress or elected
to be President or Vive President, or
hold any office, civil or military, un-
der the United States or under any
state, who having previously taken an
oath as member of Congress or as an
officer of the United States or as an
executive or judicial officer to sup
port the Constitution OF the Emitted
States, shall have engaged in msur-
rection or rebellion against the same.
or given aid and comfort to the ere
mics thereof. But Congress may by
a vote of two-thirds of each House
remove such disability.
AS Berger has served a term in the
House he has taken the oath of office
alluded to. If he should be found
guilty in the courts he would auto
matically be disbarred from member
ship in the House. But under its
rules members of Congress who are
hostile to the principles of socialism
said today that the House. even be-
fore his trial court could refuse the
Socialist his seat. Everything de-
ponds, II is commended, on the temper
of the House, and resolution un-
doubtedly will be prepared and in
troduced to force a vote in the House
on his exclusion right at the be-
ginning of the next Congress.