New-York tribune., 1919-11-16
). A. Martens.
Red EnvOy.
Seized Here
Continued from pnEe 1

books, books of account. both of your
self and of the Soviet bureau,
other papers received by you and your
bureau from Soviet Russia, as we'll as
copies of letters. documents and other
papers sent by you and your bureau
TO Soviet Russia; all between January
/, 1919. and this date; also copies and
records of all so-called passports and
credentials issued by you to the agents
of yourself and your bureau
s.In response to this summons MIR.
Martens submitted to the Investigating
committee all the check books and acl
counts of himself and the bureau. I'm
der the advice of counsel he took the
position that the communications be-
tween himself and his government were
not subject to examination, and that If
any inquiry into his relations with the
Soviet government were warranted by
law the State Department of the United
States government would be the sole
authority vested with Jurisdiction in
the matter
Follows Procedure. He Says
"Under the uniform practice Of the
law of the State of New York sub
pnna duces tecum "a subpoena to pro
duce certain papers) does not require
appearance in person. Therefore, in
falling to appear in person Mr.. Mar
tens was following the procedure gen.
orally recognized by the New York
courts. The following letter from Mr..
Martens to Senator Lusk explains fully
the attitude which Mr. Martens, under
the advice of counsel, has taken toward
this subpoena:
81 respectfully decline to comply
with that part of the subpoena served
by your order upon me which requires
me to produce call documents, letters
and other papers" received by me and
my bureau from Soviet Russia, as well
as copies of letters, documents and
reau to Soviet Russia; "also copies and
records of all so-called passports and
credentials issued" by me to "the
agents, of myself and my bureau.
''I take the position that your re-
quest for the production OF copies OF
my correspondence with Soviet Rus
sia." which is evidently intended to
Soviet Republic, which have the honor
to represent in the United States, is
clearly in excess of the jurisdiction OF
your committee and without warrant in
aw Under the rules of international
law the communications between my
government and myself are prlvHeged
and not subject to examination by the
government of any other nation or
state.
Saws L. S. Has Power to Act
"If any inquiry into my relations
and CORES pondence with Soviet Russia
were warranted by law, the State De-
oartment of the United States Govern
ment would be the sole authority
rested with jurisdiction in the matter.
"'Your committee was created TOR
definite and limited purpose, which can,
not under any circumstances De heid
"a include matters of an international
character.
..For the reasons stated | hereby
decline to comply with the above
uuoted portions of your subpoena.
The committees desire to examine
Mr.. Martens and all his papers, includ-
ing diplomatic correspondence, it is
understood, is predicated upon intor-
nation received by agents of the com
nittee establishing direct INK be
tween the activities OF some OF the
local radicals and the government of
Lenine and Trotzky in Moscow. The
committee. it is understood, desires to
verify this information in the light OF
documents which may be in posses
sion of the Soviet bureau. The com
mittee is also informeds that Martens
Is in constant direct communication
with the Soviet government in Moscow
and receives large monthly allowances
from the Bolshevik Foreign ONCE.
Does Not Deny Charges
These charges, Mr. Martens did not
deny Yesterday in conversation with
reporters following his release. He
admitted that he is in constant touch
with Lenine by courier and receives
the sum of $4,000 monthly from Eu-
rope, which he uses in running his
office and in the conduct Of such propa-
ganda as will facilitate friendly buss-
ness and diplomatic relations between
the United States and Soviet Russia
He denied strenuously that any OF this
money is being used by him Tor Boil
shevik propaganda here.
He asserted he expected recognition
of the Soviet government BY tn,
United States and the other Allet
powers this winter. He said that tbs
most recent information he received
directly from Moscow was to the etfcc'
that both Nolchak and Denikine were
on the verge OIL coHipiele aiiiiti Ia .ioA
by the Soviet armies and that Genera
Yudenitch, who is attacking Petrograd
is in situation from which it i.
virtually impossible for him to escape
either destruction or Imprisonment
with his entire army.
Mr. Martens added that the STATE
Department is fully Informed of his
direct relations with Moscow by cour4
er and that the department has so fa1
interposed no objection. 81 have K
communicate in some way Mr.. Mar
tens said.
In general, he did not seem to be per
turbed by his arrest. Mr.. Martens de
MED that John Reed, who is said to b'
on his way to Russia, has left THU
country in the capacity Of Bolshevil
courier.
II knew nothing about Mr.. Reeds de
parture until | read about it in th'