The New York herald., 1920-01-15

-Four OF the five lawyers selected Tues
day night by the Bar Association to
aipear at the trial of the five Socialist
Assemblymen before the Assembly Judici-
sry Committee held conference in the
Lawyers Club, No. lis Broadway, to de-
cGe what part they will play in the case.
Charles Z. Hughes, chairman of the COM
mittee refused To say what had transpired
II the meeting. and the other three MEM
bers present-I.ouis Marshall, Joseph NJ.
Proskauer and Morgan J. O'Brien-were
equally reticent. Ogden L. Mills, Jr., the
fifth member. was out Of the city.
It was learned, however, that the COM
Haittee will carry out to the letter the
resolution adopted by the Bar Association
Tuesday night after an hour and a half's
heated debate They will appear "in the
interests Of the people Of the United
States it VAS said. ard will refuse to
become involved in aLy strictly party
issues. Whether the committee members
will act as amici curiae or align them
selves with the defence could not be
learned. 1t was stated that this question
probably will be taken up at the next con-
ference. the date of which was not re-
vealed.
Reports from Albany said that the As
Senlbly Judiciary Committee was seeking
the services of Elihu Root and William
OF the five Socialists. 1t was stated at
the offices OF Mr.. Root, No. 81 Nassau
street, that he was out of the city. Mr.
Guthrie said he had no information about
the matter.
Lawyers who attended the Bar Associa-
ton meeting declared that both MI.
Hughes and Mr.. Guthrie delivered able
addresses on the two sides OF the ques-
ton. Mr.. Hughes argued that the act OF
the Assembly was not in accordance with
the principles of representative govern
'nent. Mr.. Guthrie asserted that the men-
bers merely had exerted the prerogatives
granted them by the State and national
constitutions.
"Not mn Arbitrary Action"
Mr.. Guthrie read his address. The
HERALD got a copy OF the speech. which
was In part as follows:-
II submit that if the Assembly had be-
fore it any such charges against member
or members as those recited in it's resolu-
IONS it was not only its privilege but It's
duty to refuse to seat the accused men,
bers, pending an investigation by the Com
nlittee on Judiciary or to suspend them il
already seated. 1t is indisputable that the
Assembly is the sole judge Of the qualifi-
cations of it's members. Our State consti-
tuition has so provided practically since
III and expressly since 1921, one hundred
years ago. 1t further expressly prescribes
that every member of the Legislature shall
take and subscribe all oath solemnly
swearing or affirming that he will support
the Constitution of the United States and
the Constitution of the State Of New York.
and q similar oath is prescribed by the
national constitution requiring the men,
bers of the several State Legislatures to
support that constitution.
1T is certainly not an arbitrary or I'M
tenable or un-American conclusion that
members of the Socialist party Of America.
protesting the doctrines recited in the res
olutions Of the Assembly. cannot truth
fully, honestly or properly take the con-
stitutional oath so prescribed, and that II
would turn this oath into a travesty to
permit il to be taken in form by revolu-
tionary Socialist or Bolshevst who did not
believe in the State and national constitu-
tons and did not intend to support them
or permit such Il person to act as mcm-
Ger sii lply because he had been allowed to
lake the oath and had thereby perjured
himself.
Challenges Logic Of Resolution.
"I venture to challenge the declaration
contained in these proposed resolutions
now before the association lreferrins to
Mr.. Hughes resolutionl that the suspen-
sion of these five Socialists because of
their affiliation with disloyal and re-
volutionary political party Is un-Am-ri-
can and that 1t would destroy the rights
of minorities or the very foundations OF
representative government. further
challenge the soundness and logic of the
proposed declaration, express or implied,
that personal unfitness is the sole ground
upon which the Assembly may act, and
that it must under the constitution seat
and allow to legislate for the people OF
the lState an adherent to and represent
attye of a party the doctrines of which
,rs revolutionary. unpatrotic, disloyal.
dangerous and subversive Of our coustitu-
tional institutions.
II profoundly believe and beg you care
fully to weigh that you may immeasurabIy