The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-02-17
KenOsha Congressman Demands a Verdict
Seating Bodenstab i'm Contest
With Socialist Leader.
VOTED WITH HIS EYES OPENED
Kenosha Congressman in Minority Report Declares
Voters of Fifth District Disqualified Selves
as Electors in Voting for Berger.

est arguments of the election law ever
placed before Congress. 1t goes deep
ly into the history of the right of
holding office in the nation and it is a
complete review of the various deci-
sions made by Congress in cases where
the question of the loyalty of an Of
flee seeker was in question.
Had knowledge of Ineligibility.
"The testimony, exhibits, and facts
in the case under consideration indis-
putably prove that the electors of the
fifth congressional district of Wiscon-
sin had actual knowledge of the in
eligibility of Victor L. Berger" says
Randall. "Prior to the election Mr..
Berger had been convicted of VIC
lation of the espionage act and sent
enced to twenty years Imprisonment at
the federal prison at Fort Leaven-
worth; and after extended hearings
had been excluded from membership
in the Sixty-sixth Congress by record
vote of 81 to l. The calling by the
governor of Wisconsin of the special
election was notice in itself of Mr..
Berger's ineligibility. The judgment
of exclusion by the House was final
and not subject to modification. Mr..
Berger's campaign was one Of defiance
to the mandate of the House. Before
the electors of the district he jeered
this judgment and designated it an
insult to the electors and urged the
voters to show their contempt and de-
fiance of the action of the House of
Representatives by voting for him at
the special election. The sole issue
in the campaign was his disqualified
tions. The voters knew that if elect
ed he would again be excluded from
the Sixty-sixth Congress-"
Voters Had Full knowledge.
Therefore it is submitted that up
on reason and authority the votes cast
for Mr.. Berger with full knowledge on
eligible to serve as a Member of the
House of Representatives ought to be
considered as thrown away, and that
the election was. legal and that the
qualified candidate, Mr.. Bodenstab, re-
ceiving the highest number of votes
and majority of all votes cast for
qualified candidates, was duly elected.
1t is conceded that a majority have a
constitutional right to govern in this
country, but it is not conceded that the
majority of congressional district
may morally or wilfully defeat the
government by refusing to elect mem
Der qualified to sit in the House of
Representatives In this case the ma
jority of the electors had a right to
elect qualified person to the House
of Representatives, but, having waived
their right by voting for person
known to be disqualified, as much as
though they had refused to vote at
all, or had voted for man known to
be dead, the minority who complied
with the constitution by voting for a
qualified candidate may we'll be held
to have expressed the will of the peo~
pie. If the majority, being called up
on, will not vote, they can not COM
plain that the election was decided
by those who did vote, though a
minority OF the electors; and voting
for person known to be disqualified
is not voting. Such votes are void
and are no votes"