New-York tribune., 1919-07-16
Socialist Party and Raidcd
Institution Petition Court
to Keep Seized Papers
Out of Red Investigation
Untermyer Sends Protest
Rebukes Attorney General
and Hints of Threat to
Put Stop to Interviews

The American Socialist party and
the Rand School of Social Science yes
terday filed an application for writ
of prohibition in the Supreme Court
against Chief Magistrate McAdoo, Act
ing Chief Magistrate Harris, Attorney
General Newton. Deputy Attorney Gen
eral Berger and Senator Clayton r.
Lusk, of the Lusk committee, to re-
strain these officials from using the
books, records, files and documents
seized when the Rand School was
raided June 21 The application for the
writ will be argued this morning.
The writ seeks to cover all those
documents not protected in the order
of Justice McAvoy, in whose court the
action brought by Attorney General
Newton to revoke the charter of the
Rand School and have a receiver ap-
pointed for the institution is pending.
When the charter case was set for
July %, Justice McAvoy ordered that
all papers to be used by the state In
the case be considered in charge Of
the Supreme Court.
Applying for the writ Of prohibition,
torneys for the American Socialist
party. submitted a number Of afida-
Wits to show that the material in ques-
tion was being used by the Lusk COM
mittee. They assert Chief Magistrate
McAdoo violated the law in allowing
the use Of the material seized upon a
search warrant, and that Magistrate
Harris, to whom he sought to turn the
property over, had also violated the
law In the same way.
Untermyer Telegraphs Protest
Samuel Untermyer, who came into
the case as attorney for the Rand
School, yesterday sent a telegram to
Attorney General Newton protesting
against interviews that might prejudice
jurors called to act in the case. The
message was sent from White Sulphur
Springs, Va. 1t follows:
"On July 10, and again on Thursday,
July II, on hearing before Justice Nc
you directed against Rand School,
complained to court Of your persistent
and unlawyerlike campaign to exploit
yourself and PREJUDICE case by distorted
interviews intended to prejudice case.
Court on each occasion directed you to
cease this improper and unprofessional
attack, and especially on Friday it or
dered papers you seized to be consd
cred in its custody and contents not
disclosed. You are reported in yester-
days papers as having given lengthy
Before taking action l formally ask
whether you gave interview as re-
ported. 1t seems almost incredible that
a high public official would descend to
such methods of prejudging case in
advance of trial, to say nothing Of
your deliberate Disregard Of courts
order.
Hints of Appeal to Court
You have apparently made the
astounding discovery that an educa-
tional institution and school Of social
science actually has in its library and
disseminates among it's scholars by
lectures and pamphlets accurate infor-
nation of all existing forms Of gov
eminent. including the present Bolshe-
vik movement, concerning which COL
ums of information, and perhaps much
misinformat ton, are appearing IN every
newspaper in the land
"The school probably informs its
scholars also of Turkish and Egyptian
social systems that legalize and protect
the harem and polygamy, from which
! suppose by like analogy you would
assume that the Rand School advo
Gates polygamy. If notoriety is SO
dear to you that you cannot now de-
sist from further trying in the papers
this case, which is to be tried within
two weeks, perhaps courts will find g
way of compelling you to do So"
When the Lusk Committee resume
it's investigation tomorrow a numbe
Of conservative leaders will be callet
to testify regarding the operations O
the Bolshevik agitators among organ
tied labor. Hugh Frayne, general or
, ganizer fer the American Federatio,
Of Labor. is the only labor man We
called before the committee
100000 Reds in State
The committee has read into the rec
ord documentary testimony Of tn
purposes of the radicals. II will seel
tomorrow to show that only tn,
American spirit of the workmen pre-
vented the agents of sabotage from
making inroads into these organiza
tions
member Of the Lusk Committe
said yesterday that there are NOR
than 100000 Bolsheviki in New Yor
state, all of whom are sympatheti
with the l. W. W. He added the I. "
w. did not have actual control of an
union in New York except those of tn
women hotel workers and domestic ser
wants.