New-York tribune., 1918-06-13
A Test Oath
To the Editor of The Tribune.

To the Editor Of The Tribune.
Sir: You were good enough to give pub.
licity to the general trend of the argument
set forth in the brief which I had the
privilege Of preparing for the American
Defence Society in the matter of the in
quiry into certain conduct and utterances
OF Robert M. La Toilette, who is still
member of the United States Senate.
/ read with interest the supplemental
memorandum, SO far as you have printed
it, interposed in defence of Senator La Fol.
lette before the Committee on Privileges
and Elections, and if any one will compare
our brief with that of the respondent it will
be seen that they do not meet our point,
based upon the Trusten Polk case, but stand
altogether on an alleged confession or ad-
mission by The Associated Press that it mis-
reported the Senator's speech, and there
fore take the liberty of calling attention to
three points which I think altogether de-
stroy the effect of Mr.. Roe's arguments
before the Senate.
First, there is no proof or sworn aver
ment that Mr.. La Toilette confined himself
IN his speech to the manuscript which he
claims contains the substance and letter of
what he said.
Second, for long period and until he
was brought to the bar of the Senate he
did not repudiate the reports made by The
press throughout the country attributing
to him certain statements made while Sen.
ator Of the United States
You will recall that in the case of Trusten
Polk which came up in she Senate in Sep
tcmber. 1861, the charges against him en-
phasized as the gravamen that he had a.
lowed to be widely published and cireu-
lated the text of letter which he had
written, and, to use the language Of the
report. as this publication could hardly fall
to come to the notice of the Senator, and
yet neither he nor any person in his behalf
appeared to deny the authenticity of the
letter referred to, or attempted in any way
to deny or explain it, his course of conduct
is deemed to be wholly incompatible with
S"S @oSo Va MS Innocence. anu tnS ISPVts
continued, "Since an innocent man, accord.
ing to the first impulses of true and loyal
heart, would not have allowed a moment 70
elapse without flying to deny, if false, %
grave and foul a charge" And repeat
what we said in our brief: the position Of
mems conscia recti is futile If assigned 50
late.
Now, in view Of this fact, ask you %
call renewed attention to what, last fab
the American Defence Society through iss
anti-disloyalty committee proposed IN the
brief to which have referred, !. e, ths
enactment Of test oath In the Sollowtns
words:
Il do solemniy swear and declare thss
nave not nor will voluntarily give a'cs
comfort, countenance, counsel or eneouI'
agement, by act or speech or writing, 70 sns
pubic enemy or to persons adhesing /"
such public enemy or 70 its allies, OF e
persons in sympathy Herewith, nor vsi'
voluntarily do or utter anything ealeuisws
to impede or frustrate the government
the prosecution of this war"
And if Robert NJ. La Toilette Is he -
cere patriot that it Is contended he =
might resume his activities as Senssess ~
allowed to stay in the Senate, by rropoa'.:
such an oath and by hcing the nrst g as
scribe to is HENRY W. JESSg
New York, June Z, 1918. 81 I