New-York tribune., 1919-07-11
Bitterly Contests Attorney
Generals Effort to Close
School by Means of In.
junction and Receiver
Wins a Partial Victory
Court Fails to Act on In
junction and Early Hearing
:. on Annulment Is Likely

The preliminary argument in the
action instituted by Attorney General
Newton against the American Socialist
Society and the, Rand School of Social
Science was heard yesterday before
Justice McAvoy in Part /, Special
Term Of the Supreme Court. The mo-
sion made BY Deputy Attorney General
Samuel Berger in behalf of his chief
fox temporary injunction against the
Rand School was bitterly contested by
Samuel Untermyer, who appeared as
counsel for the radicals.
Following to-day's hearing Mr.. Ber-
ser received word from Attorney Cen
eral Newton at Albany that the COM
mission would be ready to proceed
with its case for the annulment of the
Rand Schools charter within a week
after Mr.. untermyer had filed his
answer. Mr.. Untermyer said he would
be ready to proceed to-day.
Justice McAvoy thereupon set II
o'clock this morning for the appearance
Of counsel for both sides in court in
order that he might fix dates upon
which the motion for annulment of the
schools charter and that for the ap
pointment of receiver might be
heard.
This action grew out of the
Investigation of Bolshevism by the
Lusk legislative committee Attorney
General Newton, in affidavits accom-
panylng the complaint, asserted that
the defendants are engaged in a propa-
ganda designed to overthrow the gov
4,
obscene matter.
Students Flock to Courtroom
s. John Block and Isaac Sackin ap-
peared yesterday for the Socialists
with Mr.. Untermyer. Mrs. Bertha
Mally, executive secretary of the Rand
School, and large number of students
we're in the courtroom when the pro-
ceedings started. Archibald Stevenson
ander I. Rorke were seated at the
counsel table with Mr. Berger.
Immediately after the case was called
Mr.. untermyer addressed bustice Nc
Avoy and requested permission to make
= personal statement. This was grant
ed, and he informed the court that he
appeared only to protect the legal and
constitutional rights of his clients,
which he believed had been violated by
the Lusk committee. He said that he
was not being compensated for his ef-
forts and appeared in the interest of
public welfare.
Mr.. Berger interrupted and protested
to the court against allowing Mr.. Un-
termyer to address the court before the
moving party had been heard He
asked permiss sion to present his side of
the case, when Mr.. Untermyer inter-
rupted and insisted on continuing his
personal statement. This was allowed.
Defends School Gratis
Mr.. untermyer then said he had
read an article in a morning paper
which was evidently inspired driveP to
cial interests behind the Rand School.
He added that he had declined to ac-
cept money from the Rand School to
defend the action.
Speaking of the raid on the Rand
school by operatives of the Lusk COM
mlttee, Mr.. Untermyer said:
"Papers and documents were seized
under search warrant. We hold that
they were unlawfully seized. Now, the
attorney General is here making mo-
ton for an injunction and a receiver
for the school, which, if granted, will
destroy this school before it has a
SAonce 10 Try lhe issues IN the dCClOn.
My suggestion is that we go to trial
Tomorrow morning before this court
either that we go to trial and give this
school. which is a peaceful one. engaged
IN peaceful pursuits, chance. or that
this motion go over until the trial"
Untermyer and Berger Clash
He then explained that if the ar
gument on the motion was to be heard
Immediately it would be necessary to
prepare affidavits and hear the testi-
mony of witnesses. In that event, he
stated, an application for q writ Of
protection against the Attorney Gen.
eral to prevent further use Of the
seized papers would be asked.
Mr.. Berger entered an objection to
soing to trial to-day, and said:
Il want to disabuse Mr.. Untermyer's
mind on the matter Of unlawful seiz-
ure of these papers. The papers in
this case pending before your honor
were purchased at the Rand School.
ANY -chool boy might have bought
them at any time. We also have pa
pers showing that in the United States
District Court this Rand School was
convicted of a crime"
Mr.. Untermyer at this point launched
into an attack on the methods en-
ployed by the Lusk committee.
There have been no public hear