Note 527 — Chapter VI · JOHN WILKES, VICTOR BERGER, AND THE FIVE MEMBERS (continued 2)

1 Hinds’ Prec. 433. The Assembly Outline, 82, erroneously cites this case as authority for the exclusion of the Socialists; besides that of Smoot, who was also seated. The only other authorities cited are the case of Roberts, a polygamist disqualified by statute, and Bright expelled for treason, and a Virginia vote of 1619 excluding men who denied they were subject to the government of Virginia. The Assembly Brief cites several cases under the Test Oath Act; and several instances of expulsion. The principles of these cases are discussed in the text.