New-York tribune., 1919-11-16
l.. A. Martens.
Red Env0y.
Seized Here
Head of Soviet Bureau Ar
rested When He Refuses
to Appear Before Lusk
Committee With Papers

Ludwig A. Martens, unrecognized
envoy Of the Russian Soviet govern
ment to the United States, was brought
prisoner before the Lusk committee
Investigating radical and seditionist ac-
tivit es in City Hall yesterday, fo low
ing Martens's failure to comply with
subpoena of the committee commanding
him to submit certain papers and docu-
ments to the committee and to appear
in person for examination
Martens was arrested at 10 West
Fortieth Street, the Offices of TIE Soviet
Bureau, by Deputy Sheriffs Lawrence
D. Curtin and John J Murray and Cor
poral Irwin Wexler, of the state police.
who served a warrant issued by Su-
preme Court Justice Giegerich. The
warrant was sworn out by Archibald z.
Stevenson, special counsel for the Lusk
committee, following session of the
committee in the morning, during
winch the committee waited for more
than an hour for Martens's appear
ance.
Sends Messenger With Papers
Instead of appearing in person, Mar
tens sent messenger with such
papers and documents as he considered
not of a diplomatic nature. The mes
Martens declining to submit such
papers as cores spondence between HIM
self and the Soviet government, On
the ground that the Lusk committee
had no jurisdiction in inquiring into
matters OF an international character
and that the State Department at
Washington was alone entitled to in
qu. re into his diplomatic conduct.
AS consequence, Mr.. Martens was
considered in contempt Of the com
nittee and his arrest followed He
appeared before the committee in the
ce,tody Of tie deputy sherifs and on
ms promise to Assemblyman Peter P.
McEltigott, acting chairman of the
committee, that he would present him
self before the committee On Mond V
Nth all papers desired of him was re-
leased on $1,000 bail, which he fur
mis- ed to Deputy Sheriff Murray in a
81, 600 Liberty bond. Mr.. Mortens was
Acc~nlpanleo by ms attorney, Or. Isaac
Hourwich, who is also an employee of
the Soviet Bureau.
Refusal Based on Hillquit's Advice
Mr. Hourwch stated that Mr.. Mar
tens refused to submit his diplomatic
corresponce on advice of Morris iti,i-
quit, his chief counsel. Mr.. Martins.
asked whether he had changed his mind
IN promising to submit all papers de-
manded, said he meant he would SUBJ
mt all papers which his attorneys re-
garded the Lusk cominlttee as legally
entitled to demand. In other words, he
stood on his previous ground in delying
the committee. Mr.. Uourwich added
that the Soviet Bureau was prepared
to contest the committees demand
through the courts and seek a decision
on 1t from the Supreme Court Of the
United States, if neces ssary.
Samuel Berger, Deputy Attorney
General, commenting Fpon Mr.. Mar
tens's stand, said that in event of his
refusal to comply with the committee's
demand on Monday criminal proceed
lngs would De brought against Martens,
HAD ne not furnished bail yesterday
he would have been remanded to the
Ludlow Street Jail. Mr.. Berger. how
ever, made it clear TO Mr.. Hourwich
that the committee did not desire to
insist on tcchnicalities, and consented
to accept the bail in the form of Lib
crty bonds, rather than cash, for which
the warrant on which Mr.. Martens was
arrested called. Mr.. Hourw.ch replied
that the Soviet Bureau was ready TO
Iurnlsh cash bail to any extent desired.
Martens Issues Statement
Liter the following statement was
issued by the Soviet Bureau:
Ine subpoena served upon Mr. Mar
tens by order of Senator Lusk required
Continued on 1,o0a ~,