The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-11
~ + 80 T
REDS FIGHT HARD TO
| SAVE RAND SCHOOL
! - "a. --..I { u Sd,
iUntcrmyer Says Move to An
nui Charter Helps to Make
4 e. S. Reyolutionists.
INJUNCTION IS HELD UP
-. 1a.-----
Socialists Meet Tonight to
I Plan Battle Against ere
" actionaries."
$1NJuNcTroN Is HELD UP

= . Peppery argument was heard yester-
day by Justice, McAvoy in Part, !, spe-
cial Term or the Supreme Court on
Attorney general Newtous motion for
an Injunction against the American So
cialst Society and appointment OF re-
ceiver pending trial OF the states. suit
to cancel the charter Of the society and
thereby extinguish the Rand school the
Rand book store and other actiyities.
Samuel Untermyer, representing tho
Socialists without pay, as he said, In
sisted that It would be a grevous wrong
to destroy this school before ,it~lsAs a
chance to try the issues In the action.
He suggested that the real trial start
to-day or that argument on the appli+
cation for an injunction and q receiver
be postponed until the trial couid take
place. ET :
Samuel Berger Deputy Attorney.G Gen.
cral, was not ready for Immediate trial,
but thought the other matter should be
pressed at once. HN said the American
Socialist Society had already been con-
vcted in the United States court under
the espionage nct, was constantly circu-
iatlug obscene matter and putting out
subversive pamphlets and was sending
out lecturers who teach the overthrow
OF the Government by unlawful means"
Justice McAvoy reserved decision, but
eaid he would announce It soon.
Trial Likely ia Two weeks. !
MT Berger got Acknowledgement New
ton on the long distance tesephone later
and H. was agreed that the state would
be willing to go to trial within a week
after Mr.. Untermyer fled his answer to
the Attorney-Generals complaint If
this proposal is accepted by the Socialist
. society and the court the trial should
, take place in about two weeks.
Meanwhile District Attorney Swami
said, that If evidence gathered by the
Lusk legislative committee wns put be-
fore a Grand Jury he would ask the jury
to hear both sides
II have been assured by Chairman
Lusk of the investigating committee and
. by Attorney-General Newton" said
8 District Attorney Swami, that sufficient
evidence has been accumulated to show
violations OF sections 100 and 161 OF the
Penal Law, which relate to advocacy OF
the crime of anarchy. l do not Know
3 what this evidence is, but the Rand
d, School people have complained that they
have been unable to have their side sub
mitted to the committee.
IF the case ls turned over TO me by
the Auorney-General they will have
their day In court. They and the public
, would feel much better satisfied il both
sides were heard No effort will be
made TO abridge the liberty OF the press
or freedom OF speech. Only the abb sc
OF those rights will be inquired into"
The District Attorney said he had not
. yet heard from Gov. Smith regarding the
calling OF an extraordinary session of
the Supreme. Court and a special Grand
Jury toIydew the 1usk committees evil
dence. Alexander I. Rorke. AssIsta mt
!. District Attorney, is examining bundles
Z Of papers selected by the committee for
his inspection. He said yesterday he
was not ready to say whether he had
found indication OF Illegal acts or utter
ances.
Mr. Untermyer got permission to make
a personal statement when Justice Nc
Avoy opened court. The Rand School,
he said, had appealed to him to inter
, vene against what seemed to be a viola
tlon of the schools rights. He termed
inspired drivel' a published ASSERTION
that his employment by the Socialists in
dicated that they were backed by large
. financial interests.
Doesn't want Socialist Money.
am ACTING WItTout any COnpenHa-
ton he added. Il have declined money
from the Rand School. ! don't want SO.
D. cialiEt money, for L am bitterly oppose
. to the Socialists. The action OF ths
Lask committee and OF the Attorney.
General. think, is only tending to drive
law abiding. peaceful residents into ths
revolutionary party. That Is just what
l want TO avoid"
The lawyer contended that the Rant
school had been going for eighteen
years, that the books sold In its store.
were in other stores and In public II
braries and that It's lecturers came from
the colleges and were of high standing
Now, he said, papers and documents
had been unlawiully seized, and the At
torney- General was before the cour
with a motion which II granted woult
put the society out OF business He sug
gested. either that we go, to trial a
once and give this school, which is
peaceful one engaged in peaceful pur
suits, a chance, or that this motion 81
over until the trial"
Mr.. Berger, remarking that he wished
10 disabuse Mr.. Untermyers mind re
garding seizure" of the papers, said
THE papers In this case were pur
\ chased at the Rand School. Any schoo
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