The Alaska daily empire., 1920-01-28
THE. NEW YORK MESS

' / r,e New York House of Representatives has stirred up a nasty mess in the Empire State oy us refusal to give the five Socialist memDers seats Ill ire Assembly until their right to participate as nemhers shall have been investigated by the Judic- iafy Committee. The action of the Assembly was based upon the contention that the members or the Socialist party first allegiance to the1r party XNich 1t is alleged stands for worldwide industrial len, rather than to the State. While the Assembly is I,epublican and the majority organization as smes full responsibility for It's act the oecisioh o oxpcl came after consultation with the De1hocfatic leaders and Representative Theodore Roosevelt who is regarded as an Independent Republican: An at fennt was made to consult with Gov. Smith, but ne declined to intervene the ground that the 1ousc of Representatives is the sole judge as 10 'he aua fioations of members to sit in the body The vote III fhe Assembly was nearly unanimous one Repupllcan ol,f as dozen Democrats voting against expulsion
 <, Many New York lawyers and men or prominence and experience throughout the country nave oeen called upon to express opinion regarding the actoh' and generally, where such opinion has been eX- pressed there has been condemnation Of the acton taken The New York Bar Association adopted resolution offered by former Justice Hughes or 'hc Supreme Court, Republican nominee for President fns 1916, condemnng the Assembly TOT US course and committee " IS appointed to aid the Socialist members in the trial which will be held before the Assembly Judiciary Committee Justice Hnghes lS chairman of the committee, and Judge Morgan J. OBrien is member Of it.
 The action of the New York Assembly was Tar more drastic than that of the National House of
 
 Representatives in expelling Victor l.. Berger. 1n fact has done just what Berger said the House uf mt atives had done for him-depr1ved the anambers of their because they were Socialists Berger said he was expelled from Congress because le was a Socialist, but he was not lie was eA- peiled because jury of his had convicted him uf sedition. Secretary Lane, who was acked for an expression of opinion in the New York case, while fefraipng from speaking of the case directly, laid down the principle which draws clearly the distnc- ,tfbn between that and the Berger incident. Lane said "gut is personal" that it Is not possible to convict a political belief In other words the case seainst each of the New York Assemblymen who hase been deprived their seats should be heard on It's merits and no Assemblyman should be expelled unless convicted of something which would disquafy him from sitting with the lawmakers as member.
 Any man has rght to advocate changing our form of if he to make the change accorring to law without violence or force The doctrine of Socialism IS abhorrent to democracy, but a believer in abhorrent doctrine may not be a criminal He may, and usually does, deserve deieat fots public office or favor but he may not deserve the penitentary disfranchisement A case against a Socialist as against any else. must stand upon It's merits Guilt is personal in crime poiit- cal belief cannot be criminal or punished