The New York herald., 1920-01-15
ASSEMBLY TRIAL
To Be GOVERNED
BY STRICT RULES
Assemblyman Martin to Have
Final Word in Testimony
Against Ousted Men.
ROOT OR GUTHRIE TO
PLEAD STATES CASE
40 Subpoenas Issued for Hear
ing on Tuesday-Mr. Poin-
dexter Supports Republicans.
@. R. LUNN A WITNESS
New York City Bar Committee
Doesn't Know What Its Status
VIII Be at Hearing.
ROOT OR GUTHRIE TO
PLEAD STATES CASE
@. R. LUNN A WITNESS
ESPECIAL DESPATCH no THE HysAr,,

tSN $1,000 90 SrAA~f1 ~ The ARRALp.J
ALBANY, N. p, wednesday.-Under
the rules adopted today by the Judiciary
Committee of the Assembly for the trial
OF the five Socialist members unseated
pending the investigation OF their fitness
to sit in the Legislature, Louis II. Marin.
as chairman, will have unqualifd authority
to squelch representatives OF the Bar AS
sociation, Charles e. Hughes or any others
who appear as champions of the radicals.
Preparing to match the eminent lawyers
who are expected to represent the Social
lists, the Republican majority authorized
Attorney General Charles d. Newton to
engage associate counsel. Mr.. Newton
announced he would confer tomorrow in
New York with severe lawyers. It is
understood that either Elihu Root or Will
lam d Guthrie will be retained by the
state. The legal battle is to cover the
whole broad question OF Socialistic doc.
trines and promise to be historic.
The committee rules on procedure gov
erning the trial were adopted after an all
day conference. The Speaker and his as
sociates. some of whom were becoming
badly frightened, decided TO keep a firm
hold on the situation by preparing hard
and fast rules which would give them the
iron hand of control.
Rule No. Is the all important
specification. 1t provides that the hear.
ings shall be governed by the rules nov
prevailing the Supreme Court. except
that such other evidence and testimony
may be received as the chairman of the
That is supplemented and upheld by rule
No. which gives to the chairman OF the
committee authority to require that al
offers and motions be submitted In
writing. The decision OF the chairman on
such points and "on all points and objec-
tions raised" will be final.
There is to be no free-for-all legal con-
troversy OF the tenets of Socialism. Ii is
made clear that the committee proposes
TO hold to the hard and fast rules Of evi-
dence and permit only the introduction
of such material as the committee be-
lieves relates to the definite question OF
the qualifications OF the five Socialist
members TO sit in the Assembly. These
five men are Charles Solomon. Louis
Waldeman, Samuel orr, August Claessens
and Samuel DE Witt.
Republicans Find Support.
Speaker Sweet and his associates in the
Republican organization who are maging
the attack on he Socialists. were encour-
aged by strong endorsement of their stand
given by Miles Poindcxter, United States
Senator from Washington. and Republican
candidate for President. and by the divi-
sion of sentiment manifest In the Bar As
sociation of New York, in which III men,
-.
trial and ia voted for naming a committee.
Senator Poindexter. in letter Speaker
Sweet, praised the Assembly for suspend
ing members-elect who had subscribed
to the Socialist party declaration in New
York in August. 1918. declaring solidarity
with the revolutionary forces OF Soviet
Russia"
The action of tho Assembly. under
your leadership" wrote the Senator, was
judicious in that these men we're not
finally excluded. but notice was taken.
as the Assembly had right TO do. or
their publicly proclaimed views on gov
ernmental matters and a furher inquiry
and investigation, as ! understand the
situation. was ordered by the Assembly
before they should be permitted o sit as
members Of the Legislature OF New York.
1T Is highly proper for the Assembly
10 inquire whether or not those presenting
themselves tOr u seat IN inc Assembly arc
open and avowed enemies OF the consti-
tuition OF tho state and nation"
shows Attitude on Lawyers.
Emphasizing the position OF the Judi
ciary Committee. Assemblyman Martin
said
"I know of no rules OF the Supreme
Court under which lawyers may partici-
pate in trial excepting as they appear
for one side or the other"
Mr.. Hughes and other representatives
Of the Bar Association may come 20 the
trial as counsel for the Socialists " they
are duly accredited counsel. but evi-
IDENTIFY they are not TO bc permitted a
place as counsel for the public. for the
Bar Association or as spokesmen on be-
half OF a popular protest against Assembly
procedure.
Answering the charge made by Mr..
Hughes that there exists no precedent for
the Assembly action in barring from their
seats the Socialist members while their
conduct is being Investigated, Speaker
Sweet said
ANY one who makes the statement
that there Is no precedent for the pro-
cedurc makes it either through ignorance
or malice. / do not known which, but IL
tContinued ON rsse Three, Col one)