New-York tribune., 1919-07-11

ings," he said. "Witnesses have been
excluded, and typewriter statements
given out that tear regulations to tat
ters. 1t is disgrace"
"Will Have to Apologize"
"Mr. Untermyer hasn't even read
the title Of this case" broke in Mr..
Berger. at is brought by the At
torney General against the American
Socialist Society. Mr. Newton has no
apology for being here"
But we will have to APOLOGIZE re-
torted Mr. untermyer hotly. "This
is not the first time a public office
has been prostituted."
Mr. Berger started to reply to this.
out Justice McAvoy ordered Mr.. Inter
myer to sit down, and addressing Mr
oerger asked II he was ready to 20 to
trial forthwith. The porescutor said
that he was not, but was ready TO AZ
que the motion at once
Are you moving for a receiver" in
quired the court
Yes, your honor" said Mr.. Berger.
FOR an injunction and a receiyer>.''
action would hold the school up for
three months and destroy business
corporation.
a,r, Not in this case" said Mr. Berger.
The defendant is not business or
ganlzatlon but a mem bership organiza-
ton 1t stands a convicted felon under
the espionage act in the United States
District Court"
Alleges Obscene Propaganda
"ls that your only cause?" asked
Judge McAvoy.
"No, your honor" replied Mr.. Ber-
ger This corporation is constantly
obscene matter. 1t is also
using pamphlets and other documents
subversive to organized government. l
believe this court has the power to
grant an injunction and appoint re-
ceiver, pending the suit"
At this point Mr.. Untermyer stated
that he was ready to go to trial at
once. Mr.. Berger replied that the de-
PENDANTS should be restrained from
performing its corporate functions and
spreading dangerous propaganda while
the case was pending.
"How long has this propaganda been
going on?" asked Judge McAvoy.
For the last two years, but it has
only recently been called the atten-
ton of the Attorney General"
The court remarked that no good rea-
presented, and asked Mr.. Berger
he had any further argument.
Untermyer Defends Lecturers
"Well, because this school is still
sending out lecturers who teach the
overthrow of the government by un-
lawful MEANS" he answered. "Three
were arrested in Scranton. Penn, yes
terday, and believe one of them was
of this school"
Mr.. Untern1yer was on his feet i'm
mediately and handed up list of the
lecturers to the court, with the remark;
Why, one Of the lecturers is Professor
Shotwell, a member of President Will
sons peace delegation. Several other
of the speakers are members of the
faculty of Columbia University"
"More's the shame" retorted Mr..
Berger, "and one of the m was dismissed
from the faculty of the university, Pro-
fessor Charles A. Beard"
mo, he wasn't expelled" answered
MIR. Untermyer hotly. Gle resigned af-
ter the raw treatment received bv
Professor Scott Nearing"
Swami Talks of Protest
District Attorney Swami said yester-
day that he had received a protest from
the Rand School concerning the refusal
OF the Lusk committee to hear it's
He said that if he
were in charge of the grand jury in
vestlgation he would see that both sidea
were heard.
Under no circumstances will any ef-
tort be made to abridge free speech or