Note 517 — Chapter VI · JOHN WILKES, VICTOR BERGER, AND THE FIVE MEMBERS (continued 2)

Berger Report, 10; opinion by Speaker Cannon in 3 Hinds’ Prec. 1157; 2 ibid. 829–860, 1 ibid. 521, for cases. But see arguments contra, 1 ibid. 437, 524. Apparently no one has been expelled from Congress for crimes, except those against the Government, but several men have resigned. There is some doubt whether a member can be expelled for crimes unrelated to his office. See the majority and minority reports in the Roberts case. 1 Hinds’ Prec. 523. The House refused to expel Herbert of California in 1857, who was charged with homicide, and Harris of Maryland in 1865, though convicted of aiding the rebellion (probably before election), and Cannon of Utah in 1875, though a polygamist. 1 Hinds’ Prec. 500. For the Espionage Act charge, see Assembly Outline, 75. No evidence is given.