New-York tribune., 1920-01-10
Hughes Urges
Reseating of
5 Socialists
Continued from page I

violence than any conceivable propa-
ganda could accomplish"
Socialists Plan Fight
Meanwhile Socialist headquarters in
New York have begun to plan the cam
paign for reseating the suspended FIVE,
"A fund to finance the fight has been
opened and meeting to which all
leaders Of liberal political thought. in
or cut of the Socialist party, WI be in
vitcd, is announced for next Monday
evening.
|, Con 'erences between the ousted
members and the leaders of the party
held at the Rand School. 7 East Fif-
teenth Street, yesterday resulted in
tho announcement last night of this
action.
Legal opinion connected with the
state is reported from Albany to have
against % the "a Assem6ly's a1 ruling my can nsbs be
successfully made in the courts
The question of the Assembly privi-
lege would make such an action impos-
sible. it is asserted.
Will Prove Good Thing
ain the long run. the action Of the
Legislature in excluding the Socia lists
will prove good thing" said Charles
H. Belts. Of Lyons, one of the prom
inent upstate members of the Repubil-
can State Committee. "The Boston
police strike was good thing, and so
was the steel strike. They were what
we sometimes call 'showdowns.'
"Ai that those Socialist members will
have to do will be to raise their right
hands and say that they prize their
American citizenship above the rules
and usages of the Socialist party--that
they will sustain the federal and state
constitutions as against any order from
Social st executive committee which
in turn may be controlled by aliens.
IF they stand for the United States
and the State of New York first they
will come out .all right. At least, that
is my prediction"
Rybert w. Bonynge, former presden
Of the National Republican Club and
former member of the House Of Repre-
sentatives, Yesterday was requested by
lawyers belonging to the club to pre-
pare statement on the act on of the
Assembly in excluding the five Social
ist esemblymen with particular rel
erence to tie ques tion as to tho power
of legis ativc body to stop member
elect, at the threshold. unit! an nvesti-
cation has been made Of his right to 8
seat. In his statement Mr.. Bonyge
says. in part:
This power unquestionably exists
and is supported by numerous prece-
dents. The case in which the whole
question involved was m most thorough
Investigated and the authority reviewed
is that of Brigham H. Roberts, who was
charged with being polygam,st.
ut may be Of interest to review the
facts of that case and the action taken
by the House of Representatives.
Roberts was Representativc-elec to
the Fifty-siXth Congress from the State
of Utah. On the opening day of the
session, when his name was called on
the swearing in of members, he was re-
quested to step aside. A resolution
was then presented by another member
of the House.
Custer Sustained
"A committee was appointed. Roberts
toned its jurisdiction and it's power
to report against his prima facie right
to Iseat IN the House. Witnesses
were' examined, and after full argu-
ment before the committee, two re-
ports were filed.
) "Thc majority of the committee re-
ported that Roberts should not be per-
,mitted to become a member and that
the House had the right to exclude
him. A min ority Of the committee
was of the opinion that the proper
procedure wa to permit him to be
sworn in and then to expel him."
The committee reported:
"'No government could possibly
exist in the face Of such practices.
He is in open war against the laws
and insti utons of the country,
whose Congress he seeks to enter.
Such an idea is intolerable. 1t is
upon the principle asserted in this
ground that all cases of exclusion
have been based
"The majority found that both
houses of Congress had in a number Of
instances exercised the right to stop q
member elect at the thre hold
"After two days deba in the House
the resolution of exclusion, reported by
the majority Of the committee, was
adopted by q vote of 258 to so, and
the seat was declared vacant.
Similar proceeding was also recently
had in the case Of Victo, Berger, a
member elect to the House Of Repre-
sentatives.
ut seems clear that the Assembly
acted within its constitutional power
and authority. and in accordance with
the legislative preced dents.
"As to the expediency Of the action,
there may be, and undoubtedly are,
wide difference of opinion. An inteli-
gent answer to that question cannot
be given until the. facts upon whicn
the Assemb y acted are made known
to the public"