New-York tribune., 1918-12-15
POmerene Demands
Further Action OH
La Toilette Inquiry

WASHINGTON, Dec. Ex-senator
Pomerene. of Ohio, chairman Of tho
Senate Committee on Privileges and
Elections, to-d4y presented minority
report to the Senate urging further ac-
tion in the case of Senator Robert NJ.
La Toilette, Of Wisconsin, looking
toward his cxoneration, censure or ex-
pulsion. The majority report, pre-
sented previously, recommended that
the case against Senator La Follette.
based upon investigation of his speech
at st. Paul. which reused the charge
of sedition, be dropped.
The report charges the Wisconsin
Senator with violation Of the esoion-
age act by alleged misstatements in
his address before the Non-Partisan
League at ST. Paul, Mimi, September
~, 1917. The report opposes the pend
ing resolution recommending that the
proceedings be dropped.
The mlsstatements alleged to have
been made by Senator La Toilette ara
declared by the report to be SLAM
der" upon the government and SUI
fcient cause for conviction in criminal
proceedings.
Specifically, the report urges that a.
"full and complete" hearing be or
dered by the Senate TO the end:
First, that the Senator from Wis
consin can be completely exonerated
If the testimony justifies it.
Second, that he may be expelled IL
the testimony justties it.
Third, that the Senate may pass .
vote OF censure or administer such
f.+h ,icH
may justify.
This is our duty" the report de-
clares, "a duty which we owe to the
Senator from Wisconsin, to the United
States Senate itself. and TO the pub
lie. More we ought not to Go. and less
we cannot be expected 70 do"
We do not say in the present state
cT the record" the minority report
says, that Senator La Toilette should
be expelled from the Senate or that
ne should be convicted of criminal
offence under the espionage act; but
We do say that applying the prin-
ciPies OF criminal law, grand Jury
lnquiring into the case, with no other
evidence before it than the speech it.
self and the facts as in this report
reclted, would have been justified in
returning an indictment against him
for violation of the espionage law.
And we further say that with his
evidence, and none other. before a
petit jury, it would have been justified
IN returning a verdict Of guilty under
this section OF the statute, and 10
court would have disturbed il.
If there IS any reasonable eXplana-
ton which can be made Of these Ut
terances which would tend 30 prove
an innocent purpose, such explanation
ought to be given. to the end shat no
injustice may be done and that it may
not be charged that the United States
Senate passes lightly over wrongful
speech, while others are criminally
prosecuted for. offences. in our judg-
ment. no less severe
Senator La Toilette, in his ST. Paul
speech. the report declares, "wholly
ignored the real causes which led 10
the war," and says that these state
ments could not have been made by
accident or slip of the tongue be-
cause the same thought. If not the
very same language, is reported sev-
eral times within the space Of few
minutes
The constitutional right OF free
oom OF speech cannot be pleaded in
defence" the report continues. Free
ooin OF speech never justified the SLAM
Ger or the chastity Of a woman, or
the honor OF man, or the cause of 4
country when in the throes Of the most
rerrlfc war ever waged'