New-York tribune., 1919-12-10
Court Rejects Appeal of
Soviet Agent Here for
Immunity From Inquiry
bv the Lusk Committee
To Be Called Tomorrow
Must Produce Diplomatic
correspondence; Berk-
man and Goldman Appeal

rudwic C. A. X. Martens. the un-
rscoenized envoy of the Russian Soviet
government. yesterday failed in an at
.smpt to obtain immunity from an in
,sstieation by the Lusk Legislative
Committee of his activities. His ap-
vol for an order which would restrain
me committee from compelling him to
~sveal his secret diplomatic" corre-
spondence with Lenine and Trotzky
an the ground that he is an agent of
foreign government and that the
Iusk committees investigation is il
LEGAL was denied by Justice Samuel l..
Greenbaum of the Supreme Court.
Mr.. Martens will be called before the
committee at its session at City Hall
tomorrow. He will have to produce
his diplomatic" correspondence or be
liable to a jail sentence for contempt.
At previous hearings MIR. Martens ap-
neared as a reluctant witness and re-
fused to divulge how he received funds
from Russia or the contents of his
correspondence with the Bolshevik
leaders.
Soviet's Existence Ignored
A week ago he employed Dudley
Field Malone as counsel to test the
committees right to inquire further
INTO his affairs. Mr.. Malone had
branded the committee as illegal, i'm
moral and un-American."
In denying the petition Justice
Greenbaum said no legal basis for
questioning the committees standing
had been submitted. The court de-
clined to entertain the contention Of
the petitioner that he was entitled to
immunity as an ambassador. The ex-
stence of a Soviet government in Rus
sla was ignored.
Charges that Soviet Russia plans to
overthrow by force and violence the
"capitalistic governments" of the world
and that Martens has admitted that he
considers the United States such a
government we're made last night by
Samuel A. Berger, Deputy Attorney
committee. Mr.. Berger spoke before
the Community Council at the Public
Library 145th Street and Ans rdam
Avenue His assertions were based
on the results of the committees in
vestigatlon. Some of his findings
were:
Defeatlsts for B0lsheviki
Quite number of so-called liberal
publications in this city have espoused
he cause of Bolsnevik Russia, and
weak minded and spineless individuals
are clamoriTh, for the lifting of the
do ,c-+
acy called Soviet Russia. 1t is rather
significant to note that all those ele-
ments that during the war stamped
themselves as defeatists, that were
against everything that made for the
success of this country in the war, are
nov united in this falsely sentimental
desire to help the butchers of Petro-
grad to their feet, to give them the
breathing spell that they are craftily
and cunningly hoping for. so that they
may complete their scheme of over.
throwing organized government wher-
ever found.
Soviet Russia, dedicated as it is tc
ne principles of international commun-
l3m has as it's object the overthrow of
me so-caled capitalist government Of
Inc world by force and violence. Lud-
wig c. A. X. Martens, under oath be-
VIC liS Leg lSIdtiNc SO1AilCCcS VI CIll
r state, testified that the government of
the United States is capitalist gov
eminent"
Statements published yesterday that
'ne Lusk Committee has completed a
report to the Legislature showing that
radical agitation in this country is not
due to economic unrest but to an or
ganized, artifcally stimulated move
ment under the inspiration of the Rus
sian soviet government were denied
BY the committee.