New-York tribune., 1919-07-31
|Attorney General Announces
Intention to Renew Action
After Justice Dismisses
Case-State Not Ready
New Evidence Reported
|lJntermyer Assails Lusk
Committee; Seized Rec.
ords Not Affected by Rule

The action instituted by Attorney
/ General Newton to revoke the charter
j the Rand School and to have re-
eeiver appointed was dismissed yester-
lay by Supreme Court Justice McAvoy
,fter the state announced it was not
ready for trial. Mr.. Newton immedi-
Ss.ely announced his intention Of re-
frewing the action He said the new
complaint would be much broader be-
ause of newly discovered evidence.
When the case was called Deputy
EGtorney General Berger asked for an
adjournment until the October term.
HE explained it would be necessary for
i commission to 60 outside the state
II take testimony and that it was i'm
possible to properly prepare the case
Tor trial in less than a month.
B Samuel Untermyer, who has said he
An defending the radicals because he
considers it a public duty, made a
ktrenuous objection to the postpone
|Neat. he declared such action would
nn the Rand School
yell put the school out of business"
taid Mr. Untermyer, "as to have it shut
lap for three months while the state au-
Ithoritles go to the seashore."
4 Refuses Long Delay
1 Judge McAvoy, addressing Mr..
Merger, said he was willing to grant a
Esasonable delay-a few days-if Mr..
18srger could prepare the case in that
Vase could not be properly prepared in
ess than a month
That would bring the trial into Sep
'smber." said the court, land if you are
Nping to wait that long you might Just
's well walt for the October term Of
Itaurt. AS the state admits it is not
Nrsady and cannot soon get ready for
nrisi, see no reason why this case
Mould not be dismissed"
Attorney General Newton then issued
fe following statements:
u propose to renew the action to
Isnnul the charter Of the corporation
1,ad to present to the courts the entire
Facts In relation to the business Of this
'arporatlon as soon as they can be
properly prepared, and if upon such
eresentation fair and impartial court
#aaii determine that the business Of
21'& wi SOA 10 run III LN6 interest
good government and in lawful ex-
sc!se OF Its corporate rights | shall
e content.
Would Recommend Laws
"On the other hand. If the court
concludes that the acts Of this cor
horation are detrimental to the Con-
yitltutlon OF the state and the Constitu-
fion Of the United States, then such
Esdgment will be entered in the case
e the facts presented to the court and
he law Of the land warrant If the
purt comes to the conclusion that the
Etions OF this and similar corpora
aons are not in the interest Of good
government, but that there is no law
Hsow on the statute books which au-
aorizes the state to deal with them,
aen 1t Will be my duty to recommend
nae passage OF such laws as will ade-
Sguately protect our institutions"
MIR. un,ermyer and his associates,
John Block and L. NJ. Sackin, issued
fEa.ements last night condemning the
Lusk Committee and the state officials
@nneeted with it. Mr.. Untermyer as
Jailed Attorney General Newton, and
ssserted that the whole proceeding
ssainst the Rand School was instituted
"a spirit OF lawless defiance Of con-
ntutional rights and personal lib
r.y"
Committee to Meet To-day
The Lusk Committee was in execu-
I'VE session all the afternoon plan
Ping future hearings. No public hear
ns was held, because Chairman Lusk,
Atorney General Newton and the
ssasr members Of the committee were
Eop1naed before Justice McAvoy BY
akr untermyer. 1t was decided to hold
public hearing to-day, when mass
commentary evidence will be read
Aato the record.
After the executive session Senator
sask said the investigators plan to
sesk in cooperation with the Depart
fens Of Justice, the Department Of
sSsoos and District Attorney Swami.
g saic the committee would not meet
August and would begin the con-
ssucsive phase Of it's work in Septem-
senator Luak said the dismissal Of
ss sand School case in no way af-
Iiee'ed the custody OF the papers and
sseaments seized. These papers axe
sas possession OF the Lusk Commit