New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-07-20
Lusk Committee Consid-
ers Asking Governor
to Have Legislature
Act on Radical Press
Swami to Get
Jury Evidence
Prosecutor Will Have Full
Control of Presenting
Charges, Says Newton

The Lusk Committee, it was said yes
terday, may recommend to Governor
Smith an extraordinary session of the
Legislature to consider legislation to
curb the activities of the foreign
language press in the dissemination of
revolutionary propaganda. From docu-
mentary evidence produced before the
committee the Investigators are con
vlnced that the radical element of the
foreign language press constitutes
menace that should immediately be re-
moved. Most of the documents advo-
eating the overthrow of the govern
ment by force and violence originally
were printed in the alien press. it ia
charged
If the committee concludes to ask
for IN extra session preliminary re-
port outlining the proved activities of
the radicals will be presented and q
request made for an appropriation to
extend the work. 1t seems to be the
opinion OF the committee that those
newspa pers and magazines which have
been denied the use of the mails
should be suppressed by the state
Many Publications Probed
number of publications in New
ork have been Investigated by the
Department of Justice and the Post
Office Department and no action taken
against them except exclusion from
the mails.
The committee also will seek way
or stopping the shipping of seditious
pamphlets and papers out of the state.
The l. w. w. publications do not at
tempt to use the mails but send their
papers IN bundles to local headquarters
where they are distributed AS New
York is far ahead of the Federal gov
ernment and other states in regard
to laws against anarchists, it is not ex-
pecred any new legislation along this
line will be attempted.
The operatives of the committee are
now investigating a long list Of per-
sons and organizations furnished by
James P. Holland, president of the
New York Federation Of Labor. While
branding these as dangerous radicals,
Mr.. Holland declined to give their
names at a public hearing. He gave
the list to the committee at a secret
session.
Swami to Get Evidence
When the Investigations are COM
pleted, evidence will be turned over to
District Attorney Swami for presenta-
tion to the extraordinary grand jury,
which will be convened August II to
act on the material against the radicals
gathered by the Lusk Committee.
Mr.. Swami said that if he has full
charge Of this inquiry he will see that
every one interested will be heard.
Friends of Mr.. Swami charged yes
terday that the Lusk Committee had
passed the buck" to the prosecutor.
They said that the committee pro-
ceeded without him to a certain point
and then called him in to prosecute
when they did not have sufficient evil
dence 70 warrant such action. Attor-
ncy General Newton has announced
that Mr.. Swami will have full charge
OF the cases before the grand jury and
that he will not assign one of his
deputies to present any of the evidence.
Permits Use of Rand Files
Upon application of Deputy Attor-
ney Genera, Samuel Berger, who as
serted that the work Of the Lusk COM
mittee was being hanpered, Justice
McAvoy in the Supreme Court yester-
day issued an order vacating the tenn
porary writ of prohibition he had
granted restraining the use of certain
documents and papers seized in the
recent raid on the Rand School.
This order is modification of the
order made by Justice McAvoy on
Thursday, in which he not only re-
quired that Attorney General Newton
and the Lusk committee should show
cause next Tuesday why they should
not be permanently restrained from
using the Rand School papers and
ales, but also restrained the authorl-
ties from using the documents prior to
the argument. The order of yesterday
contains the show cause why order re-
tarnable Tuesday, but vacates the tenn
porary injunction that was to have
been operative pending the argument.
Mr. Berger, in this application, con-
tended that the Supreme Court had no
right 70 tie the hands Of state officials
in an ex parte proceeding. He asserted
that the state officials could not be
enjoined until after they had been
heard when they we're doing what they
we're convinced was their duty.