New-York tribune., 1920-01-20
Notion to Reseat Ousted
Five Pending Outcome
of Trial hich Opens
To-day Is Ruled Down
sneaker Blocks
Debate o.. Action
Bronx Legislator Urges
Removal of Newton as
Prosecutor, but Again
.''Cag Rule Is Applied
STAFF C0rrfsp0ndenrs

>tuU .oTTfSpohteNrs
ALBANY, Jan. 19.-Motions to
reseat the five suspended Socialist
members of the Assembly, pending
The result Of their trial, and to give
them an opportunity to debate the
action Of the Assembly in suspend
i jng them were ruled out of order at
! ,o.night's session OF the Assembly
BY Thaddeus c. Sweet, Speaker of
the body.
Speaker Sweet likewise ruled out
suggestion that the Assembly ex-
clude Attorney General Charles D.
Newton as counsel to the Judiciary
Committee.
Bronx Man Leads Fight
The suggestion to exclude the At
torney General was made by Assem-
blyman J. Fairfax Mclaughlin, of
Bronx County, Democrat. He de-
cared that the Constitution erected
barrier between the executive
and legislative branches of the gov
ernment and any attempt to over
step it should be rebuked.
"This is the sanctuary of the law
making power" he said, and to us
have the people confided the duty of
determining the qualifications OF mem
bers believe that notice should go
forth that no tresRassing shall be al
lowed On this Herogative of the
legislature.
"We should see to it that only such
counsel be retained by the Legislature
as knows no obligation TO any other
eficial source than the Assembly, |
believe it is our duty TO let the world
know that the Assembly means to
guard jealousy the trust put in it by
the people of New York"
Assemblyman Louis Cuvilier, a Tam
many man and member of the Ju-
dietary Committee, before which the
suspended Socialist members are to 90
on trial tomorrow, jumped up to COM
bat the suggestion.
III the Socialists are guilty, not only
should they be expelled. but they
should be shot" he exclaimed contln,.-
ing, after ripple of applause had in
Ierrupted his remark But if they are
innocent no man will be quicker than
to vote TO reseat them
Amos Assails Cuyillier
Assemblyman William c. Amos. of
New York County, a Republican and
'ne author of the resolutions to reseat
the Socialists pending trial and to give
'nem the right to argue their sus-
pension, was aroused by the statement
OF Mr.. Cuvillier.
Us this gentleman he demanded,
indicating Mr. Cuvillier, "a member Of
the Judiciary Committee before whom
'ne fve Socialists are 10 be tried 90
Speaker Sweet replied that Mr.. Gu
vlllier was member OF that commit
Tee, and Mr. Amos continucd:
Then the gentleman who advocates
me shooting Of men about to be
brought to trial before the committee
on which he is to sit as Judge is
guilty OF bad taste, at least, and his
remarks prove that he is not fit to act
as judge"
Speaker Sweet reminded Mr. Amos
nat Mr.. Cuvillier also had said if the
sociaiists proved their innocence he
would be the first TO vote to rescat
lhem. Mr. Amos made 10 reply and Mr..
uavllller proceeded with his answer to
Ar: McLaughlin's suggestion
Inc Attorney General" he said, "to
oe absolutely fair and avoid the charge
VI partisanship, has selected two of the
most eminent Democratic lawyers in
Ne" York City Martin ". Littlcton
ana John b. Stanchiield as his assist
ants"
Deportation Suggested
DIR. tuYill!er dubbed the Assembly,
."eH "ho faTored reseating The Social
s's pending their trial "spinelcss Great
aies who voted one day as they be
.s'ed and forty-eight hours later
ss.oout-faced because Of the criticism Of
'aelr constituents"
~ was reported that documentary
ssioence would be produced at the
..a.'hg before the Judiciary Commit
~ % Snow that two Of the Socialists
,t ,su OBTAINED naturalization papers
through fraud. Such an onense might
~sdn deportation, II was said
=" feso!ution which Assernblyman
ssvaeph Stelnberg offered. TO cxpungc
.lon 'ne record remarks made by As
ssmoiyfnan Martin &. McCuc last week
U..pashing the loyalty of Charles +.
a. yeaker Sweet. VI - "S' ~
cfofe the session a,arted IN The
y.ssmoiy Attorney General Charles y.
r"pon announced Mat the judiciary
psnm,l1ee had retained two upstate
,WypIoi.cana 70 axsis, him ard Martin
n l'I'lieson and Jonn Il. Stanchfield
Tho N'.n1e.nX the proceedings against
ens ns s1sp"nded Socialists. The new
.l,r ..aNe, are Elon K. brown. Of water.
.ss i'rmefly President oro EN-. Of
~ az noenate, and arthur r.. Sutherland.
ia,.,a. .n,ecNs4tef former Supreme Court
s.,n. ~ naming JUdgc Sutherland and
ga"f hfr~n," SAID Attorney General
.s';es'"bn, Il have in mind the noyr.
d. d. o' Af. Listleton, whom have
ss.zna'ed NTH Mr. S'anchneld N co.
<ty..aN .y's ~ish me in the prcscutafjon of
rn1sn.e ~ the Assembly, judiciary
..y"m''ee, beng forced ~ Withdraw
'e nc trial .s concluded.
Conferred With Sweet
.,,1~sf iattIeton has been retained AZ
-, counsel ny Senator Iroma, I
bs,ppeTy, b ~ Michigan. mhose election
,.,.. .h' United States senhte ha. re-.
ss.eea ss. IN cnarges If fraud rbc ,,,.
,snsfsnres NJ tniz contes, nay IN
~~pe "emSei7es Al 10 compel MIR.
Lrnfimued nm x,uue th,uu