New-York tribune., 1920-02-13
Brief Charges Espionage
and Alleges That They
Took False Oaths to
Get Legislative Seats
Sham Prefense of
Loyalty Alleged
Prosecutions Plan for
Indictments Here MAY
Halt Albany Hearing;
Party Bitterly Arraigned
Ero,, q ,Stna Correspondent

ALBANY, Feb. 12.- Criminal
prosecution of Assemblymen Claes-
sens, Waldman, Orr, Dewitt and
Solomon, under the Federal espion-
age act will be asked by counsel for
the prosecution in the trial of the
five ousted Socialists.
This was implied in the brief pre-
pared by counsel for the prosecu-
ton and made public to-day. Evi-
dence adduced against the suspended
legislators will be submitted to the
Federal authorities in New York
City.
Some members of the judiciary
committee said that criminal in
vestigation of the five Assemblymen
automatically would stop the inves-
tigation here, and that this would
prevent the Socialists from putting
in any defense.
Brief Mailed to Assemblymen.
The brief which was mailed to
members of the Assembly who will
eventually act on the question of ex-
peling the five concludes with the fol-
lowing:
"A decent regard for the Assembly
as the popular representative house Of
the state requires that these five AS
semblymen be excluded from their
seats. They have taken a false oath to
secure seats which they cannot occupy
as gentlemen, patriots, loyal citizens
OR Assembymen. They come under the
false pretense of being loyal to their
government, when in fact they are
really citizens of the internationale,
and desire above all things the destruc-
ton OF this government"
The brief cites eight propositions,
which fill, with the supporting language,
eighty-nine printed pages. 1t is signed
by State Attorney General Charles D.
Newton and the following associate
counsel: Elon r. Brown, John B.
Stanchfeld, Arthur E. Sutherland, Mar
tin Conboy, Henry f. Wolff, Samuel A.
Berger and Archibald L. Stevenson.
Martin Llttletons name was not at
tached to the document. He is in
Michigan IN connection with the New
berry case. Nor was the name of
former State Attorney General Thomas
Carmody signed to the brief. No ex-
PLANTATION was made Of this omission.
The brief, under the heading of
"GGIity Of Espionage" says:
+f,+r. LII
pledges and speeches have rendered
themselves amenabe to the terms of
the espionage act, and should be con-
vlcted under its terms.
he Federal espionage act of June,
l9l7, chapter 80, title /, Section 3,
established the new offenscs of (2)
causing or attempting to cause in
surrectlon, disloyaity, mutiny or re-
Iusal OF duty in the military and naval
lorces CD obstructions Of enlistment
and recruiting'
Nine More Offenses
On May 16, 1918, Congress added
nine more ofenses, as follows:
~ Assent Of doing anything with
intent TO obstruct the sale of United
States bonds, except by way of bona
nde and not disloyal devices; 90 ut
.ellhg; printing, writing or publishing
any olsioyal, profane, scurrilous or
abusive language or language intended
20 cause contempt, scorn, contumely
or dlsloyalty as regards the form Of
government of the United States; CO.
we constitution; CD or the flag; (8)
%" "p 'he uniform of the army or navy;
~ or any language intended to in
el'e resistance to the United States
or promote the cause of It's enemies;
Nv urging any curtailment of pro-
uucIioh OF anything necessary to the
prosecution of the war with intent to
;;,nder ITS prosecution; 0D advocat-
!.nne' teaching, defending or SUGGESTING
the DONG of any of these acts; a maxi
mum penalty of $4,000 fine or twenty
poHed'" '''' 20 All
- me IN. other seven propositions cited
IN the brief follow:
THE five Assemblymen by pledg
Has s themselves as members Of the
Sooiailst party not to vote to appro-
@p',a'e @ MONIES for military or naval
uiposes or war disauallreo them
ne.t Ses from taking the constitutional
oa.n ".t ol once as Assemblymen, and the
VAIN as taken by them was false.
~, The five Assemblymen by their
ptsoihise to take directions from
e"i. 'I oues-paying members of their 10
.Sis .u or their executive committee in
;na,.l an matters arising in the Assembly,
me,uulhg their vote for all appointees
sna olhcials chosen by the Legislature;
" so'e as unit with the other mem
ns Dels OF their party on all occasions.
hnu 10 place their designations in the
Manas ;m OF the dues-paying members to
insure the performance of their pledge.
aodicated their function as Assembly
.le .ien and disqualified themselves from
tsg .sshihg the oath of Office and rendered
their oath false
A Revolutionary Party
~ The Socialist party is revolu-
n"y monary party, having the single pur-
pose OF destroying our institutions and
government which they abhor and sub
ssituting the Russian-Soviet govern
a.eht or the Droletariat government in
T1ad, TT1ead, to oe controlled by themselves.
ms appears from their platforms and
Propaganda.
: 4-"The Socialist party is not a ma
e,onal party, like the Democratic party
VI the Republican party, whose aim is
70 conserve and preserve the nation.
"A Continued on page four