New-York tribune., 1920-03-31
Unseating OF
Five Socialists
Urged, Z to 6
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party as condition for holding office, :
Of any oath Of loyalty as condition
for exercising the right OF suffrage, 1T
necessarily follows that the Legisia-
ture should not by resolution exclude
from membership duly elected mem
ber by reason of his membership in q
particular party or group.
Assemblvman Lown in his report,
which favors the expulsion of only
Claessens, Solomon and Waldman. said
that he concurred in the conclusions
of the majority report that the Social"
ist party conducted a disioyai propa-
ganda during the World War and con-
dennns the party for 1t.
"But I dissent from the view (of the
majority report) that the evidence
fairly construed shows that the Social
ist party is a conspiracy TO overthrow
this government by force and violence
and not a, political party" Lown con-
tinues. "The Socialist party has been
recognized politica, party in this
state for upward of twenty years.
Opposes Exercise Of Force
Assemblyman Evans, one of the Dem
reseating all five, said in his report:
Eve do not question the fact that
the Assembly has the naked physical
power to expel or suspend any men,
ber for any reason whatever and that
its action is final in the sense that no
appeal may be made to any other
tribunal. What we urge is that the
Assembly must never exercise power
purely physical unless it is likewise
legal. Naked physical power, without
legal basis, is force. The Assembly
must not expel these Socialists by
force The inquiry is not whether the
Assembly has the mere naked power
to expel. The question is solely, Does
the legal constitutional power exist in
this case?
"If we disqualify Socialists from sit
ting in our Legislature merely because
we abhor their ideas and ideals our
democratic government will not long
endure Ours is a government of law,
not of men. Ours is government
where all shades of opinion and notions
must be allowed to live. The minority
has a place in our government. The
majority cannot disinfranchise the
minority, no matter how much in con-
f1ict the minority view is with the pre-
vailing notions OF what is or is not
loyal, good, proper and desirable.
Assemblymen Pellet and Stitt, In
their report, urging the reseating of all
five. said:
ave have no doubt Of the absolute
power of the Assembly to exclude from
membership any person whatsoever and
for any reason that it may determine
sufficient and that the action OF the As
scmbly is final by reason of the fact
that there is no forum which can re-
view it's action.
because our action is final and be-
cause of the serious consequences to
the five Assemblymen and to their con-
stituencies. the right which the Assem-
bly, possesses must be exercised with
the greatest care and with due regard
TO the principles involved
Socialist Constitution Disapproved
'In view of this long established
recognition of the Socialist party as
a political party we cannot now say
that it is not a political party and by
excluding its representatives disfran-
chse the people of five Assembly dis
tricts. We disapprove, however, of the
provision Of the constitution of the
Socialist party which calls for candi-
dates for political Office to file with
the party officials their designations.
The proof shows that this provision is
dead letter and that none Of the
five Assenhblymen has been called upon
to file or has filed such ignation. s-
eve must then determine whether
any of the five members should be ex-
cluded for reasons personal to him
self.
No Overt Act by Two
"No overt act has been charged to
two Of the Assemblymen, except ad-
- U1ox ~ 81
ist party. AS to the other three the
delivery of infammatory speeches has
been proved These speeches were
made in public at lime when the
country was engaged in or had Just
emerged from a war which threatened
its very existence; patriotic fervor was
at high tide; the espionage act of the
United States and the criminal anarchy
statute of the State of New York very
properly were being vigorously en-.
forced.
"None of the Assemblymen under in
vestigation, however, was charged with
the breach of either of these laws, ane
it may safely be assumed that thei,
speeches were not considered by the
authorities charged with enforcing
these laws as a violation thereof. A:
matter of fact, the greater part of the
proof concerning these speeches wa.
given by witnesses whose purpose il
attending the meetings where tn,
speeches were made was to ascertain
II there had been any violation of law
a careful analysis of the speeches con
corning which evidence was given doe,
not disclose any basis for exclusion.
whether the five Assemblymen wer,
loyal must be judged by the recor,
alone: In our opinion, that record il
insufficient to justify the exclusion O
any OF them by reason of disloyalty."
Assemblyman Bloch. who also vote,
to reseat all five, said in his report:
Much testimony oral and written, il