The sun., 1919-07-31
Attofney-General Says New
Action VIII Be Brought to
Annul Charter.
HE INSISTS UPON A TRIAL
Asserts That Sufficient Time
Was Not Allowed for Prep
aratiOn of Case.

iSdH ooctdilbt SOCletys unuer inc auspices
cot which are conducted the Rand School
sand the distribution OF soclalistic litera-
-ture.
Following the dismissal OF the action,
MIR. Newton issued a statement in which
che reviewed the history of the case from
the time when the Rand School was
,-raided by agents OF the Lusk Legislative
yCommittee, who were searching for
y.sevidence Of the distribution of Bolshe-
I visit propaganda:
"As Attorney-General of the State Of
New York." he said. II have no per-
Ssonal feelings in relation to this matter.
81 propose to renew the action to annul
1.-THE charter and to present to the courts
athe entire facts In relation to the busl-
Sness OF this corporation. IT, upon such
representation, fair and impartial court
sshall determine that this corporation is
sconducted in the interests of good gov
4 aernment and in lawful exercise of it's
corporate rights then shall be content.
"On the other hand, IL the court con-
-cludes that its acts are detrimental to
@the Constitutions of the State of New
= York and of the United States then
Ssuch judgment will be entered in the
ease as the facts presented and the law
ewarrants III the court comes to the
@concusion that the actions Of this and
ssimilar corporations are not in the in
Sterests of good government, but that
athere Is no law which authorizes the
State to deal with them, then Il will be
my duty. as representing the people of
: the State. to recommend to the Legisla-
. ture the passage of such laws as win
protect adequately our institutions"
Asserts Time Was Denied Him.
A charge is ma1e by the Attorney
1General that sufficient time was not al
slowed him N which to prepare his case
aifor pr"rrr lion. and that under the
sCode - Procedure he had twenty
s,days f. filing by the defendants
OF an 20 -ar to the original complaint
-iin which 10 serve amended complaint
= He contends that such action as was
. taken yesterday by Justice McAvoy
should not have been taken until after
August at the earliest.
Justice McAvoy acted upon the motion
OF Samuel Untermyer, attorney for the
Rand School, after Samuel Berger, Dep
uty Attorney-General, announced to the
court that the State was not ready to
s,proceed with the trial He opened the
sproceedings before the Special Term of
:. the court. which was convened solely for
:, the purpose of deciding the case by
steting that the Attorney-G General
= wished more time In which to serve an
amended complaint setting forth addi-
tional allegations against the defendants
and also that he wished to have a COM
mission examine certain material wit
nesses who are not within the State of
= New York. Replying to this Mr. Inter
= myer said:
Il will dispose of the objections of the
- Deputy Attorney-Ge General here and now
g The Rand School has about 5000 STU
dents and the time for opening its au-
tumn terms draws near. Libels in COLI
: nection with the school and it's teach
ings have been scattered broadcast over
s-the country and have deferred its pre-
liminary work. Unless we get the relief
We are entitled to now, the malign pur-
pose of our enemies will be accom-
plished.
LAS to the proposition that an amend
Led complaint be served we consent here
Hand now to have anything added in the
way OF charges-anything the Attorney
General wants to stir up or invent and
we consent to go on with the trial right
now with these additional charges be-
fore the court. We will even waive a
bill of particulars and agree that moth
ling which the Attorney-General wants
to prove will be barred from the courts
consideration.
u Ready for Examination.
= "As to the examination of the officers
y of the defendant before trial we have
Il them here now. We will put them right
: on the stand so he can examine them at
:, once. My learned opponent says he
= wishes commission for the examina-
ton Of officers elsewhere. Why these
= wants to examine. Let him state what
he has in mind"
:. Mr.. Untermyer bitterly arraigned the
State officials for their actions in con-
nection with the case saying they had
: violated every law as to the sanctity of
books and papers by taking them from
I the custody of the court.
There Is not n rule that these public
officers have not dehed." he said This
Is the finest example of criminal law
lessness and the strongest Indictment to
$-.disrespect of the law that / have ever
heard of. They have seized our books
and papers-have even picked open the
'-~safe-not for the purpose of uncovering
any offense but for the purpose Of taking
these papers and using them behind
CLOSED doors and then at the close Of
each day debating statement about
what they believed they had found and
distributing these statements broadcast
throughout the land"
Mr.. Berger frankly stated that post
ponement was asked to enable the State
to prepare its case, whereupon Justice
- McAvoy reminded him of the stipulation
made week ago that final disposition
OF the case would be asked when next
called. Said the court
- Il agreed that II any one representing
- either parties was not ready to go to
80 trial because of inability to get wit
s. hesses / would grant an adjournment for
"a few days. but / am not going to hold
this term until October nor am going
y TO postpone this case for MONTH"
~
$40 Dismissal Formally Asked.
When Mr.. Berger said that at least
"A month would be required Justice Nc
Avoy replied that the question before
the court was whether the complaint be
dismissed or the adjournment asked for
be granted. He then announced that the
case was on trial
Mr., Berger then asked that the suit
be dismissed without prejudice and
I made a motion that the order dismiss
ing the case set forth that it had not
! been dismissed on dement's, as the action
I. had NOT been tried. This motion was
granted.
During the proceedings the courtroom
was crowded with men and women,
many of whom are active workers of
the Rand School or In Socialist activi-
:. ties. The demonstration expected by the
court officers In the event Of a decision
such as was rendered failed to material
: lie. although preparations had been
= made TO Dust any spectators who might
forget themselves in an outburst OF re-
joicing.
Statements containing scathing denun-
- Citations OF the Attorney General and the
H. IL