New-York tribune., 1919-07-09

week to present the case to the grand
Jury.
After the situation had been ex-
planned Mr.. Newton suggested that
District Attorney Swami request Gov
ernor Smith 10 call an extraordinary
term Of the Supreme Court for the
second Monday in August. This sug-
gestion was adopted and Mr.. Swami
wrote letter 10 Governor Smith,
which was delivered 10 him at his
home last night. II the special term
is called and the evidence warrants,
indictments they will be asked for un-
der Sections 160-16l of the Penal Law,
which deal with criminal anarchy. The
maximum penalty for this offence is
ten years in prison.
Judge Edward Gavegan. in granting
permission TO Attorney General New
ton 10 institute proceedings against
the Rand School and the Rand
School Book Store. orders these
defendants, with the American So
cialist Society, TO show cause why
an order should not be made restrain
ing the defendants, while this action
is pending, from exercising any OF
their corporate functions and from
continuing to engage in their present
activities. They are further ordered
to show why receiver should not
be appointed TO take care OF the as
sets of the corporation.
Reasons for Action
The Attorney General, in his sup
porting atfidavits, asserts that he has
made careful investigation OF the
activities of the Rand School and the
Rand School Book Store, and sets forth
the following reasons for applying for
the order:
"The defendant and its subsidiaries
are engaged in carefully planned and
deliberate attempt to teach a large por-
tion of the people of this state and
other states to hold the government Of
the United States and its institutions
in utter contempt and contumely by
means of publications ard lectures and
by the organization of meetings.
Through the medium of various pub
lications, among them one entitled The
Great Madness by Scott Nearing, and
by means of classes and meetings, IL
has appealed to the soldiers and sailors
of the United States and has attempted
to impress upon them, as well as upon
persons liable to military service, the
idea that it is unnecessary, improper
and ignoble to serve in the military or
naval forces Of the country.
This defendant has also engaged in
the sale and distribution Of indecent
and obscene publications, among them
one entitled The New Social System
"The defendant has made it a prac
ticc to employ as instructors and lee
turers in its Rand School men and
women who have been convicted Of
various offences against the United
States and in its correspondence with
persons who inquire with reference to
the course Of instruction furnished by
the school has advocated and encour-
aged the overthrow of government by
unlawful means.
THE defendant has, on a number Of
occasions, furnished as speakers and
lecturers persons who are avowed an
archists. among them Elizabeth Gurlcy
Flynn and Carlo Tresta. These two are
affiliated with the /. w. w. The Rand
School is fostering propaganda among
the negroes in the South and has on its
teaching staff Chandler Owen and J.
Phillip Randolph, editors of publica-
ions having for their object teaching
Of the negroes the necessity of over
throwing our form of government by
unlawful means
Embry Tells Story
Attached to Mr.. Newtons affidavits /
we're number Of quotations from
books and publications distributed by
the Rand School Book Store.
At the hearing before the committee
Mrs. Mailly was asked TO
take the witness stand. and absolutely
declined on advice OF counsel. She cx-
planned TO Mr.. Newton tina. she was
perfectly willing 10 testify. but in
sisted that she could not he compelled
% at a private hearing. She said that
# the publ, vore allowed at the hear 4
ng shs would testify Then she was +
excluded from The Near.ng.
Archibald Stevenson produced num-
oer OF copies OF the Anarchist Soviet .
Bulletin" which advocated The arrest
IF President Wilson and John u.
Rockefeller. and the opening Of all
ails and the formation Of a soviet
government throughout the country
.fter overthrowing the present govern
ncnt John a. Embry. who was vice
,orsui at Nladivostok and in the dis
rict of Omsk. repeated his former
cstimony concerning the methods en-
lloyed by the Bolshcviki in their at
empt to rule.
The hearing will be continued this
morning at 10 o'clock, when Mr.. Embry
will conclude his story. Other wit
lcsses will be called.