Evening star., 1920-01-04
RIVAL MILWAUKEE
j HOUSE CANDIDATES
! ON WAY TOCAP|TAL
Bodenstab Will Claim Seat on
! Ground Berger Votes
:! Should Be Rejected.
al Disnatrh to The Star.

cpec1al DlspdttH W AHt s'''.
MILWAUKEE. Wis, January o.
Henry II. Bodenstab. fusionist can
didate for Congress in the fifth dis
trict in the recent special election
Victor l.. Berger. the ousted SOCIALIST
who, on the returns, won by nearly
5000 majority, and Henry 5. sloan
Mr.. Bodenstab's attorney. Will arrive
in Washington Monday to renew IN
the House of Representatives the
struggle from which the fifth dis
trict voters have just emerged.
Mr. Berger will present his certifi-
cate of election and demand his seat.
Mr.. Bodenstab will file contest al
leging that Mr.. Berger was unquaii-
fled and cannot be seated. and that
Bodenstab is entitled to the seat as
the only candidate who could be
legally voted for.
rThe points raised in this contest
are essentially the same as those in
the contest by Joseph +. carney.
which was decided in my favor, De
clared Mr.. Berger. Il suppose that
AIR BodenStab. who is supposed to be
a republican. feels that Congress VIII
be inclined to decide in his favor.
New situation Created.
This characterization of the merits
of the case falls far short according
to Mr.. Sloan. who will have charge OF
the contest for Mr.. Bodenstab. He
says the contest is based in part on
the circumstance that the House de-
clared Berger unqualified, thereby
creating a situation which dld not
exist when Carney contested.
This contest is bas sed on the theory
that under the American electoral
system the voters must express them
selves affirmatively." Mr.. Sloan SAID.
THE voters of the fifth district VINO
voted for Mr.. Berger were not dis
franchised by Congress or by any one
else; they disfranchised themselves
Those who voted for Berger are IN
precisely the situation OF the le,eoo
voters who stayed at home and re-
Trained from voting at all. both
groups of voters simply did not 90
what it is necessary to do in order to
obtain an Affirmative expression at
the ballot box. If people stay at nome
that does not constitute an election
and if they go and vote for the Car
diff giant. knowing it is hoax: that
does not constitute an election.
Notice From Bodenstab.
This phase of the contest is set forth
I'm the notice served by BodenStab,
which. in part. follows:
ITO Victor l.. Berger-Sir: You will
taken notice that 1 will contest your
pretended claim to a seat in the SIXTY
sixth Congress of the United States
as the member-elect from the fifth
congressional district of Wisconsin,
to which 1 was elected and you were
not, and that 1 insist that you have
not even a prima facie right thereto
] charge,
THAT the pretended credentials you
hold are illegal and void for the fol-
lowing reasons: That at the special
election held on the ninteenth day OF
December. 1919. in the fifth congress
sionaI district of Wisconsin, for the
purpose of filling a vacancy created in
said office, by virtue of an act OF the
House of Representatives on November
10, 1919, declaring you unqual1ned ana
ineligible to said Office and not entitled
I'd take the oath as a representative,
that you were. notoriously unquai1hed
and Ineligible to fill said vacancy or
I'd take the oath as such representative
in Congress, and the fact that you were
notoriously unqualified and ineligible
was made known to all the voters OF
said fifth congressional district prior
I'd said election, viz:
E"I) Through and by means of divers
aftic1es printed in all the newspapers
published and circulated in said dis
t5ct.
t.t2) Through and by means of
dkeeS public speeches.
i"(3l Through and by means of per-
aal-solicitation and divers campaign
panpAletS, one of which pamphlets
conta1ned the following language:
'Evefy voter in the fifth district
has been insulted by the action of
the capitalistic House of Representa-
tives.' (referring to resolution adopted
November 10. 1870. Resent the in
suit: Vote for Victor L. Berger on the
socialist ticket and others entitled ::
canitaliSf war" sWhv
should vote for Berger and pam
phlets printed and circulated, bearing
,thee title of Congressional Campaign
Committee.
were null and void, that the same were
cast wilfully and in contumaciouS de-
f1ance of the law and fact, and were
cast wilfully in pursuance of policy
of negation.
-That contestant was the only other
candidate for the office against you and
received 1856 votes, that said votes
were the only legal and lawful votes
cast at said election and constituted a
legal plurality of all the votes cast"
Election Prospects.
The contest has aroused much in
terest because on the outcome may
hinge the question whether the fifth
district will go through a succession
of campaigns like the one just COM
pleted.
Gov. Philip says he will not call
another special election. Berger says
the governor has no choice in the
matter, the calling of another election
being mandatory as soon as the seat
is declared vacant. The state statutes
say that in case of a vacancy, the
governor may" call an election. The
United States Constitution says that
under such circumstances special
election shall be called. There are
H.,
application for mandamus directed to
the governor would settle the issue
Mr.. Berger declares that he will
continue to be candidate. running
for Congress as often as an election
is called, in order to vindicate the
right of fifth district voters to be
represented by their majority choice
Taxpayers Foot Bills.
At socialist headquarters the COM
ment is along the line that repeated
elections in the fifth district will not
be at all Objectionable. because they
afford good party propaganda. Tax
PAYERS of Milwaukee county are no,
SO complacent. They will foot the
bills for the propaganda" which
amount to about $4,000 for each Spe
cial election.
The Bodenstab contest came as q
surprise to the Berger followers. Bo-
denstab attorneys even served notice
on Mr.. Berger at Chicago socialist
meeting through the Cook count,
authorities. If served IN Milwaukee
the notice would have passed through
the hands of Sheriff Robert Buech
socialist, who was one of the Berger
spellbinders in the campaign.
j. c. RALSTON.
REDS ACCUSED IN ARGENTINA