D. Power of a Legislature to Exclude or Expel for Opinions (Chapter VI)

For the English law, T. Erskine May, Parliamentary Practice, 12th ed., London, 1917; same, Constitutional History of England, vol. I, for Wilkes, and also G. O. Trevelyan, Early History of Charles James Fox, and Macaulay’s second Essay on Chatham. Justin McCarthy, History of Our Own Times, vol. III, for Bradlaugh.

For Congress, Asher Hinds, Precedents of the House of Representatives of the United States, Washington, 1907. This contains many Senate cases. See, also, Webb & Pierce, Compilation of Senate Election Cases, 1789–1913, Washington, 1913. Other Congressional compilations may be useful. Massachusetts cases are collected by Cushing, Loring, and Russell; New York, by Armstrong.

Berger:

Victor L. Berger, Hearings before the Special Committee appointed under the Authority of House Resolution No. 6 concerning the Right of Victor L. Berger to be Sworn in as a Member of the Sixty-sixth Congress, 2 vols., Wash., 1919. (These contain records of the prosecution and Milwaukee Leader case.) Cited herein as Berger Hearings.

Ho. Cal. No. 91, 66th Cong., 1st Sess., Report No. 413, Case of Victor L. Berger of Wisconsin. Cited herein as Berger Report.

“Victor L. Berger,” Socialist Review, (February, 1920); “The Berger Victory,” 109 Nation 820 (December 27, 1919); for account of the trial from the side of the defense, American Labor Year-Book, 1919–20, 97–100.

New York Socialists:

The record of the investigation was printed by the Assembly. Briefs include, Brief of Special Committee appointed by the Association of the Bar of the City of New York (January 20, 1920); Outline of the Evidence taken before the Judiciary Committee to and including February 5, 1920, with a discussion of some conclusions to be drawn therefrom [against Socialists and signed by Attorney-General and associate counsel]; Brief for the Socialist Assemblymen, March 15, 1920; Brief for the Judiciary Committee, March 24, 1920.

Articles in periodicals (all in 1920): “The Issues in the Fight at Albany,” 2 Review 121 (February 7); “Hillquit on the Socialist Programme,” 2 Review 193 (February 28); “Governor Smith’s Opportunity,” 2 Review 421 (April 24); “Speaker Sweet Does His Bit,” 22 New Republic 210 (January 21); “The Mob in High Places,” 22 New Republic 279 (February 4); “Up to the Voters,” 22 New Republic 200 (April 14) [Lusk Bills]; 22 New Republic 171 (April 7); “Minority Rights at Albany,” 110 Nation 288 (March 6); Lewis S. Gannett, “The Socialists’ Trial at Albany: A Summary,” 110 Nation 361 (March 20); Loula D. Lasker, “Back in the Districts: What New York Assemblymen’s Constituents Are Thinking,” 53 Survey 767 (March 20); Robert Minor, “Dissolving the Duma at Albany,” Liberator (March 20).

E. Schools

Henry R. Linville, John L. Tildsley, and Z. Chafee, Jr., “The Schools and the Issue of Freedom,” in leaflets, “The Public and the Schools,” published by Public School Education Assn., N. Y., May 3, 17, 24, 1919. Various pamphlets have been issued on both sides of the controversies in New York and Washington, and several articles printed in the Nation.