New-York tribune., 1919-11-13
Radicals Plead
Anti : Anarchy
Law Is Invalid
Counsel for Lusk Commit
tees Prisoners Argues
There Is No Such Crime;
Act Violates Constitution

Lawyers for the radicals, who were
taken in the Lusk Legislative Commit
tees raids on the Headquarters Of the
Communist party, announced at hear
ing before Chief Magistrate William
McAdoo yesterday that the defense will
attack the constitutionality of the state
law under which the committee charges
the prisoners with the spreading of
criminal anarchy
After Samuel A. Berger. Deputy At
son, special counsel for the commit
tee, had concluded the states case
against James Larkin. the Irish agi-
tator, and Benjamin Gitlow. former So
cialist Assemblyman, who are among
the twenty-five radicals held, Walter
Nelles, counsel for the defendants,
asked that the charges be dismissed
eve ask that the prisoners be re-
such crime as criminal anarchy" said
Mr.. Nelles. s'The statute which defines
the alleged crime is in violation Of the
constitution both Of the state and Of
the nation" Mr. Nelles said he would
be prepared to argue the constitution
ality of the law when the hearing was
resumed to-day.
Bail Reduction Refused
Magistrate McAdoo declined to dis
miss the cases on MI Nelcs' motion.
A request that the bail Of $4,000 each
against Larkin and Gitlow be reduced
so that Mr.. Nelles and Charles Recht,
another attorney for the defense,
might obtain the release of the pris
oncrs was denied. The court declined
to accept as bail deed to property ip
Kings County.
Most Of the hearing was devoted to
publication of "The Revolutionary
Age" the organ of the Communists,
which was circulated from A3 West
Twenty-ninth Street.
Printers o. 266 Grand Street testi-
fed that 5000 copies of the magazine
containing the Communist manifesto
urging the overthrow OF the govern
ment by violence had been printed last
summer. Other witnesses said the
magazine could be purchased at the
Rand School, 7 East Fifteenth Street,
and at Communist headquarters.
Mr.. Nelles in examining Mr.. Steven
son sought to show that Larkin had
disagreed with other Communists as
TO the publication of the manifesto
and that he was not entirely in SYM
pathy with the overthrow of govern
ment movement.
Complains Of Small STAFF
Cross examined by Mr.. Nelles, Mr..
Stevenson said he was chairman of q
committee of the Union League Club
on radicalism and that the Lusk COM
mlttec was appointed on recommenda-
tions made by the committee to the
Legislature. He said his salary as
counsel for the committee had not
been fixed. In answer to other ques-
tions Mr.. Stevenson said his income
other than from law practice came
from interest on Investments
After the hearing had been ad~
journed until to-day. Mr.. Stevenson
said the Lusk committee has no plans
for future raids. Tho committed has
been informed that the Communist
party has $500 members in New York.
Under ruling of Magistrate McAdoo
that any member who subscribed to
the principles of the party has de-
clared war on the United States" the
UOS1llU0
to arrest all or any number of the
COMMUNISTS
I'VE have too small staff to take
care of any more business than we
haYe at present." said Mr.. Stevenson.
We expect 10 test the present anti
anarchy law with the cases we are
now hearing"
Twenty-thrcc Get Hearings To-day
Twenty-three Cher men who were
taken in the raids and charged with
cCt minal anarchy are to be given
he .lngs before magistrates to-day.
he La" and Order Union, Is Will
Ia Sireet. yesterday sent this letter
L. tho senate Judiciary Committee:
" ' protest ~ the name of Justice and
lar. aud order TO the loose manner in
Wi ven the Department of Justice is
ccAdNct;ag the campaign against Boil
sneV sns, anarchists and traitors, who
ar sreNing o destroy the government
OF 9Ur people
he law pa. ed by Congress spe-
cuica'N provides sach acts are acts Of
treason and punishable by death"