The sun., 1919-07-09
WILL ASK COURT
TO END ACTIVITY
OF RAND SCHOOL
Attorney-General Secures a
Permit to Sue for Injunc-
tiOn and Receiver.
SWAMI TO TAKE ACTION
Special Grand Jury Will Get
Evidence Of Alleged Advo-
cacy of Anarchy.
SWAMI TO TAKE ACTION

The joint committee OF the Legisla-
ture investigating Bolshevism in New
York State made definite progress yes
terday. AS the conclusion of an all
day session in City Hall the following
developments were recorded:
I District Attorney Swami. con-
WINGED that the disclosures 80 far
made warranted action by him. wrote
tive to call an extraordinary term of
the Supreme Court next month SO that
the evidence accumulated might be
presented to a special Grand Jury.
. Supreme Court Justice Gavegan
signed an order permitting Attor-
ney General Charles d. Newton to
bring suit on behalf OF the State to re-
woke the certificate of Incorporation Of
the American Socialist Society, operat-
ing the Rand School of Social Science.
I East Fifteenth street, and to appoint
a receiver for the property. Justice
Gavegan's order also compels the So
ciety to show cause tomorrow why a
temporary injunction should not be
issued restraining the society from
prosecuting its activities pending the
outcome Of the States suit.
2 For declining to take the witness
stand after being served with a
subpoena Mrs. Bertha H. Mailly. ex-
ecutive secretary OF the Rand School,
! was excluded from all future hearings
of the legislative committee and the
order made applicable to any member
of the American Socialist Society.
a Despite reports 80 the contrary no
order had been served last night
upon the committee to return the
| books and documents taken in the raid
on the safe in the Rand School to the
custody Of Chief Magistrate William
McAdoo. The documents in question
the committee when the hearing was
| adjourned until to-day.
District Attorney Swami came into
| the situation following a conference with
| Senator Clayton r. Lusk. chairman Of
the Legislative Committee, and Senator
John J. Boylan OF Brooklyn, a member Of
the committee. Senators Lusk and Boylan
told Mr.. Swami they thought sufficient
evidence already had been uncovered
OF the preaching of sedition and anarchy
| by certain groups and individuals to
| warrant its presentation to the Grand
| Jury. Judge Swami declared that the
| Grand Juries now sitting were swamped
with cases and that there were as many
| more waiting for consideration by the Au-
gust Jures. He suggested the expedient
| OF a special term OF the Supreme Court by
which a third Grand jury might be
| convened in August, and after talking
| the matter over at length with the
| members OF the committee. he wrote to
Gov. Smith suggesting a special term OF
| the Court. Little doubt was felt last
| night among the committeeman that
Gov. Smith would follow Mr.. Swann's
| suggestion.
Mr. Swami said last night that the
matter to be presented to the special
| Grand Jury concerned alleged violations
| Of certain sections Of the Penal Law re-
| lating to anarchy and the advocacy OF
| anarchy the overthrow OF organized
government, and the advocacy of force
OF violence, Such violations. he said.
constituted a felony and were punish
able by Imprisonment for ten years.
Supreme Court Justice Gavegan's
order permitting the State to bring suit
| to annul the charter of the American
Socialist Society was issued following
| the filing of affidavits concerning the
activities of the institution by Attorney
General Newton. Attached to these
aifldnvits were four exhibits including
copies Of the articles OF incorporation
which were approved in 1901 by Su-
prethe Court Justice James A. O'Gor-
| man. copies OF the indictment on which
thr society was found guilty In the
United States District Court last Febru-
excerpts from literature on sale in the
| Rand Bookstore. a subsidiary of the
| Rand School.
The Attorney-General asks that the
defendant be perpetually restrained from
continuing TO conduct the Rand School
of Social Science under whatever name
Il may be known, and from continuing
10 conduct the Rand School Bookstors
under whatever name II may be known
The names Of the incorporators OF
the American Socialist Society as they
appear in the certificate OF incorporation
are: Leonard D. Abbott. ss6 West Sew
enty-frst street: william Maiiiy, 73>
Lexington avenue; George d. Heron. SO
West Forty-hfth street; Carrie Rand
Heron, SO West Forty-ffth street
Henry Slobodin, SO Second avenue: Al
gernon II. Lee, 3 West 11sth street; Jot
Hartman. 34s West Hath street Morri,
! . (contiBusd on SiDth Po1sJ