New-York tribune., 1920-01-09
Law Urged to
Keep Socialists
Out of Office
Legislation Also Proposed
to Prevent Party With
Such Tenets From Par.
ticipating in Elections
Face Trial Wednesday
Judiciary Committee Will
Conduct the Proceedings
Against Five Ousted Men
Staf Coryespondsncs


ALBANY. Jan. s.-The stage was
prepared to-day for the trial of the
Socialist delegation in the Assembly
which was suspended yesterday follow
ing charges prepared by State Attorney
General Charles D. Newton in his ca
pacity as counsel to the Lusk commit
tee. The trial will begin Wednesday
in the Capitol unless the FIVE Socialists
or their counsel ask for stay.
OF even greater magnitude than the
coming trial is the proposal, now un-
der consideration by lawyers in the
employ of the state. to enact legisla-
ton to disqualify the Socialists from
holding public Office 1t is also con-
templated drafting legislation to pre-
vent a political party holding to the
tenets of the Socialist party from par
ticipating in elections.
Martin to Preside
The trial of Assemblymen Claessens
Solomon, Orr, Dewitt and Waldman
will be held before the Assembly Ju-
Louis NJ. Martin is chairman. The
prosecution will be in charge of the
State Attorney General. Morris Hill
quit and other distinguished lawyers in
the Socialist party, it is understood
will act for the defendants.
Nearly every one concerned Is of the
opinion that the trial will overshadow
in political Importance any ever
held in the state. AS one Of the legis-
lative leaders put it to-day The i'm
peachment of Governor Sulzer will
pale into ignifcancc."
Assemblymen who voted for the res
olution unseating the Ave Socialists,
numbering 140 OF the LAG Democrats
declined. with the exception Of Speaker
Sweet, to discuss yesterdays action.
"It is time for a showdown" said
Speaker Sweet. "The Assembly of. the
State of New York should determine
right now whether it is to have among
its members representatives Of an or
ganization with constitution like the
Socialist party, which is in sympathy
with the soviet revolutionary govern
ment Of Russia.
"The tenets Of the Socialists are op-
posed to those required by obedience
to the Constitution.
Owe are tired Of having as members
Of this Assembly men who are camou-
faging their revolutionary ideas by
saying that they are for evolution.
When you see a cancer growing it is
time to cut it out and not wait for it
to sap your strength"
Speaker Congratulated
Speaker Sweet said he had not only
practically the entire Assembly with
him in his oustng Of the Ave Social
lists but "evcry patriotic man and
woman in the state" He said he had
received several kilograms congratu-
lating him on his stand.
Senator Clayton X. Lusk. chairman
Of the legislative committee to inves-
tigate the seditious activities in this
state. on whose findings the charges
against the Socialist Assemblymen
were predicated, said:
1.-THE Socialist members Of the As
sembly have simply been denied seats
pending an examination and deter
mination of their qualifications and
eligibility to sit as members Of that
body. The issue is simple and it ia
important that 1t be clearly understood
by the people of the state. The charge
are pledged to the overthrow of estab-
lished government In this country by
force and violence.
"This charge is to be investiga ted
by the Committee on Judiciary Of the
Assembly. If sufficient evidence is
produced to sustain tho charge no loyal
American will contend that they
should be permitted to sit in this body
"1f, on the other hand, it appears by
the evidence that they are not pledged
to the overthrow of our established
government by force and violence, but
believe in and stand for socialism tc
be accomplished by the ballot through
legal and orderly procedure, they should
be permitted to take their seats
Not Political Issue
This is the sentiment which have
heard expressed by different members
Of the Assembly, and in my opinion it is
the unanimous sentiment Of both the
Republican and Democratic members Of
that body. am satisfied that the issue
in no sense will be treated by the mem.
bers of that body as a political question
THE matter is one in which the joint
legislative committee Investigating Sc
ditious activities in the state is not con
cerned, except in 80 far as it may bt
called upon to lay evidence in its pos
session before the committee Of thu
Assembly having this investigation ir
CnhTEc.
The disnclination Of legislators tt
discuss the suspension Of the Social
ists for publication wns shnrcd by Gov
crnor Smith. The Governor, in reply
TO questions, said it was matter which
concerned the Assembly, and that any
comment on the feeling Of tho Demo
| Gratis should come from Charles ID
Donohuc, minority leader Of the AS
gcmbly.
The Socialist AsscmbIymcn arc
charged with being membcrs Of anc
subject to the orders Of party havinl
tcnets opposed to the Constitution o1
the United States and Of the State OF
New York and with being members ot
an organization which was convicted oi
violation Of the Espionage act and with
being associates Of those who cspoust
tho overthrow Of organized government
Continued on pn0c thirteen