The New York herald., 1920-01-11
BERGER 0UsTED
AGAIN; At ONCE
RENOM|NATED
House Refuses to Seat Wiscon-
sin Socialist by Vote
of 328 to 6.
MANN AMONG FEW
WHO PLEAD FOR HIM
Former Floor Leader Says Rejection
Violates Principle of Representa-
tive Government.
= Herald Bureau,
- No. 1.502 fl Street, N. W.,
Washington, ID. c.. Saturday.

| For a second time the House of Repre-
sentatives today refused by vote of 32s
to 6. to permit Victor Berger. Socialist,
of Wisconsin, to take the oath of office
as a member of that body, on the ground
that he had violated the constitution "by
giving aid and comfort to the enemy in
/ time of war;
| Dispatches from Milwaukee. Wis, de-
ported that within half an hour after re-
ceipt of the news of the action taken by
the House, the Socialist Committee OF
the Fifth Congressional district, had re-
nominated Berger for Congress.
/ When Berger was rejected November Il
last only one vote, that of Representative
Voigt, Republican, of Wisconsin, was cast
in his favor. Today five additional mem
bers including Representative James r.
Mann, of Illinois, former Republican floor
leader, voted against the resolution of re-
lection. Those voting to seat Berger were
Representatives voight, Mann and Har-
rold. Of Oklahoma, Republicans. and
Griffin, New York; SherwoodS Ohio, and
Sisson, Mississippi, Democrats.
II
Mr.. Mann defended Bergers constitu-
tional right to his seat denounced his re-
lection by the House as an invitation to
Socialists and other radicals to assert their
views by violence rather than by peaceful
methods. He said Bergers rejection vio-
lated the principle of representative gov
ernment because It left the Fifth Wiscon-
sin District without representation to
which they were entitled, and he upheld
the right of Berger's constituents to elect
whom they chose.
Frank w. Mondell. Republican floor
Header, denied the soundness of every
point made by Mr.. Mann, quoted Section
Three Of the Fourteenth Amendment to
the Constitution, which makes ineligible
for Federal office anyone who has been
found guilty of giving aid and comfort to
our enemies and said all arguments to
| show that Berger was entitled to seat
were Counter to the law and the Con-
stitution" and that members must vote
to reject Berger or violate their oath OF
office.
Mr.. Mann by his act today is regarded
as having forever barred himself from be-
ing recognized in the future by his Re-
publican colleagues for the position OF
formal leadership. This was comment
heard repeatedly from the lips of scores
of prominent Republicans who have been
his supporters in the past.
Repudiates Bcrger's Views.
He denied that he believed in the views
lentertained by Mr.. Berger, but insisted
that whatever views he or his consutu'
ents held, they were entitled to represen'
Itation.
I'VE cannot take the attitude OF refusing
to permit the voice of the people of dis
! trict to be heard by their own selection,
he said, with safety to the future of the
country II I'M. Berger believes that the
constitution should be abolished and a new
constitution written in its place, and his
people selected him to present those views
in the legal body where they could be con-
sdered, his people have that right. And
when he propose to meet argument by
force. we are losing our strength in the
matter. We can argue these questions be-
| fore the people.
"The constitution under its amendment
4 gives authority to exclude person Tor
! giving aid or comfort to the enemy. dc
not think that the provision contemplated
anything which Mr.. Berger had done OF
sought to do.N
Il Because he may not have believed In
the war-I do not know what his views are
upon the subject-that is no reason why
In all history the men who stand out very
largely in the parliaments OF the world
are those who opposed the wars in which
tnelr countries were engaged. WOuld any
one in the House say that the war is still
legally in existence; that we cannot favol
a peace? 1t is idle to talk such stuff"
Replying to Mr.. Mann, Representative
Eagle Democrat, of Texas, said:--
IL the argument made by Mr.. Mann Il
sound. the House would be compelled 4
seat a murderer or n felon, if n majort,
of his district had voted for him"
1T appears that Mr.. Berger has con
stituents eun-American enough to approv,
his position, and therefore 1t is claimed ~
should be seated. But we cannot sea
him if we are true to our convictions an,
our oath OF office"
) House won't Hear BERGER.
! Representative Dalinger. Republican. o
: Massachusetts, brought up the resolution
J to unseat Berger and led the fight for it
adoption. He sought TO obtain unanimou
consent from the House to allow Berger &
make speech, but this request was tn
! signal for objections from all parts Of tn
floor. Later Representative Sisson, Demo
{ crat, OF Mississippi made a similar re
G quest. and being denied sought TO make
8 motion to the same effect
r
THAT Ounce Of Prevcntic
hwr s,rnnr rfst a. '9s yyrcnnpinr W1't. ".