The sun., 1919-06-25
SWAMI AID TO SCAN
EVIDENCE OF LUSK
Legislative Prober and AttOr-
ney-General Newton Re-
port Anarchy Trail.
GARDEN SPEECHES HIT
Accused Not to Be Examined
Until Tried, to Prevent
Giving Immunity.


Iusk and Attorney-G General Newton that
evidences Of crime under the State law
against anarchy already have been un-
earthed, District Attorney Swami yes
terday designated an assistant, Alexan-
der l. Rorke, to examine the evidence
submitted by the legislative committee
with view to action before a Grand
Jury.
The material submitted TO Mr.. Rorke,
Il Is learned, embraces a stenograpnic
report of the red speeches at the meeting
Of protest against the raid on the soviet
bureau delivered to 5000 in Madison
Square Garden last Friday night by
Dennis f. Bait. Benjamin Gitlow, Rose
Pastor Stokes and c. E. Ruethenoerg.
The principal material gathered in the
course of the raids are articles In the
Cop,p,unist. organ Of the Left Wing OF
the Socialist Party. edited by John Reed
and found to have been distributed by
the l. w. w. and at the headquarters
of the Rand School
"In my opinion the material Is both
revolutionary and seditious." said Sena-
tor Lusk yesterday after his conference
with Deputy Attorney General Berger
Attorney General Newton. Archibald r.
Stevenson and Mr.. Rorke. There are
only two ways to overthrow the Govern
ment: one Is peaceful. the other Is by
force, While II may be true that there
is not any one sentence in itself outside
the law, the meaning OF the speeches and
articles taken as a whole cannot be mis-
understood.
Says Raids Were Justified.
"we're going to stop seditious acts in
New York and the sooner these people
realize It the better for them. I have
not yet had a chance to go over the re-
suits of Saturdays raids in full yet. but
I have already seen enough to say that
the raids were justified
The conference in the District Attor-
ney's office lasted more than an hour.
It is understood that the conferees went
over the whole situation, the Attorney
General and Mr. Lusk explaining that
they were not combining their activities
to the uncovering of actual onenses
against the law, but that they desired
to develop the entire extent to which
the propaganda Of discomfort has spread
and the causes beneath 1t, both on the
part Of the existing system as well as
of the radicals, with a view to remedial
as we'll as repressive legislation
The passages In the speech OF Dennis
r. Bait at the Garden which particularly
mittee and Mr.. Rorke are those para
graphs in which he works up to Il
climax asserting that the only argument
which the capitalist class Will listen to
is power and a subsequent paragraph
in which he calls for the organization
of the proletariat into a force which
will make the capitalists tremble In
their boots"
Toese passages in the Communist re-
ShA Gall linz .
This system (referring to the United
States Government) must be overthrow
by act OF the workers organized as a
class conscious mass for the purpose OF
organizing the proletarian dictatorship"
'sThe Left Wing hopes that the pro-
letariat will conquer its enemy, the
capitalistic class, with as little bloodshed
as possible"
How statute Defines Anarchy.
The State law against anarchy de-
fines 1t as the doctrine that organized
Government should be overthrown by
force or violence" or as the teaching
or advocacy of the duty or necessity or
propriety of overthrowing or overturn-
ing organized government by force or
violence or by the assassination of the
executive head or any of the executive
officers Of the Government, or by any
unlawful means"
The statute also defines as anarchy
the advocacy of the forcibe overthrow
of the Government OF any other civilized
country. One of its clauses whCh is
likely to hinder the action OF both the
committee and the District Attorney,
however is one which provides that
while no witnesses may refuse to an
swer a question on the ground that his
answer may incriminate him. an in
eliminating answer may not be used In
any criminal proceeding whatever
against him. This. In the opinion of
lawyers, effectuates an automatic i'm
fhunity for the persons examined either
before Grand Jury or the Lusk COM
mittee. and in view of the question as
to whether they can waive this i'm
munity it Is unlikely that those against
whom suspicion Is directed will be ex-
amined before being actually placed on
trial.
The law, covering as II does the dis
tribution or teaching OF the doctrine of
anarchy as defined, makes the proprie-
tors of the Rand School and the l. w.
w. equally liable. This is despite the
bitter fight that Is being waged between
the Right Wing of the Socialist Party,
those at the Rand School and the Left
Wing in West Twenty ninth Street.
Senator Lusk stated yesterday that
Alessandro Carasso, the former trans
lator for the committee who attacked
its methods in the Soviet bureau, had
been employed by the committee, but
that one day before the raid he had
asked for time off to go to Brooklyn
Instead, Senator Lusk says. he went 10
the Soviet bureau. He was thereupon
carefully kept out OF the confidence OF