New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-11-11
Victor Berger
Denied Seat
In Congress
House by Vote of 800 to
/ Holds Socialist I'm.
fit to Serve Because
of Attitude ON War
Special Election
To Fill Vacancy
Voigllt, Wisconsin Repub-
lican, Casts Lone Bal
lot i'm His vor

AICa1l. NuStS Lone bal
lot i'm His Fav vor
WASHINGTON. Nov. l0.-victor L..
Berger, OF Milwaukee, Socialist. was
denied his seat in the House to-day by
an overwhelming vote, the House hold
ing he was ineligible for membership
because of his open opposition to ths
, war.
The vote to unseat Berger was 800
TO l. Representative Voight, Repub-
llcan, Of Wisconsin, being the only
member tc support the Wisconsin
Socialist either during the debate or
on the roll call
After denying the seat to Berger,
the House declared that the seat was
vacant, holding that Joseph P. Carney,
Democrat who contested Berger's elec-
Won, dld not receive plurality in the
election last year. Without a record
vote, the House also directed Speaker
Glllett to notify the Wisconsin Gov
ernor OF the vacancy in the state dele
cation, so that a special election may
NC called 10 choose new member
Inc resolution on which the House
acted IN refusing Berger seat fol ows
the unanimous report Of the Elections
Committee reciting his alleged seditious
utterances and disloyal activities dur
ing the war, and said:
RESOLVED, That under the facts and
circumstances of this case Victor L.
Berger is not entitled to take the oath
OF office as Representative in this
House from the Fifth Congressional
District Of the State of Wisconsin, or
10 mold a seat therein as such Repre-
sentative"
Since the beginning Of the present
session in May, Berger, although never
permitted to take the oatn, has drawn
the regular pay of House member,
enjoyed the franking privilege and
| maintained an office in the House Or
tice building.
Berger Makes Plea
Berger, whose appeal from conviction
under the espionage act is now pending,
appeared in the House to make q state
ment soon after the session opened.
Representative Dallinger, Republican.
massachusetts chairman of the special
committee which investigated the case.
said the only issue involved was that
OF Americaniar1.
1T is whether man who in 1911
took oath as q member Of this House
to support the Constitution, and who,
when this country declared war against
The imperial German government. be-
came the head and front Of an organ
lied conspiracy to hinder obstruct and
embarrass this government m its fight
Tor existence, should be admitted to
mem bership in this House, said Mr..
Dallnger "Thc committee is convinced
upon all the facts and upon all the
precedents in this House that Victor
l.. Berger should be excluded from
membership and that the question
| should now be determined by this
House.
I'm the opinion of the committee
the House expects it, the men who
war expect it, and the entire country
expects it,"
Soon after Berger began his state
ment TO the House there was much
commotion and Speaker Gillett raped
for order several times
When Berger condemned government
action in sending troops to Gary, Ind.
Representative Blanton, Democrat
Texas, insisted that Berger confne him
self to his own activities and utter
ances and not be permitted to criticize
the government, "especially at this
critical time"
Complains or FOreIRn Accent
Speaker Gillctt said he had been un-
able to understand Berger because Of
his strong foreign accent"
Berger did not deny making the al
legged sedltlous statements which led to
MS CONVICTION and sentence to twenty
years in Federal prison
Under the same circumstances" he
said, II would say and write them all
over again, only I would make them :.
great deal stronger, because | have
been justified by the events since the
armistice. when the war was prac-
tically ended"
Berger characterized the espionage
act as an infamous measure passed at
the order Of American plutocracy not
to punish spies, but to hound citizens
whose oplnlons differed from those of
the Administration"
"Eote!" came from both sides of the
House. In the disorder Representative
Rucker, Democrat, OF Missouri, moved
to expunge Berger's speech from The
Congress Record
ut is an outrage to print and circu-
late such stuff" said he.
The House doesn't want to make q
martyr of Berger said Republican
Leader Mondell, in moving to table
Rucker's motion.
The Mondell motion carried, 173 to
Representative Walsh. Republican. Of
Massachusetts,. charged that Berger
had impugned the motives of every
member of Congress, had attacked the
/ President and denounced the American
courts. Representative Cooper Re.
publican, of Ohio, declared Berger's
remarks were "seditious and un-
American" and constituted an un.
justified attack upon the government
MILWAUKEE,, Nov. 10.-Goverrno o,
f. l.. Philip of Wisconsin, when mott
fed tonight of Victor L. Berger's ex
pulsion from Congress. announced he
| would call special election within q
few days to fill the vacancy.