El Paso herald. (El Paso, Tex.) 1901-1931, 1920-04-03
TURNING LEGALLY ELECTED MEM
OUT OF OFFICE BAD PRECEDENT

the charges against the Socialists elected
n to the New York assembly may be true but in re-
porting against seating them the committee which has
been investigating their has taken step which is
likely to produce bad results.
There is no parallel between their case and that Of
Victor Berger, Wisconsin Socialist who elected to
congress bu refused admission by the house Of repre-
senatives Berger stands convicted Of crime against
his country while there have been no criminal CHARGES
filed against any Of the Socialists elected assembly,
men IN the Empire state The New York are being
refused seats IN the assembly because Of their belief and
that is establishing dangerous precedent.
No law control mems thoughts beliefs Law
sppes only to conduct and representative government
means that voters nay elect whom they choose to repre-
them the legislative bodies Of the country Repre-
sentative Bloch, IN his minority report in which he op
posed denying seats to the Socialists, sized the situation
up fairly vel when he said Liberty involves the right
to think ETozg." The Socialists think wrong many
matters but does that give those who think right the
privilege Of saying that those who disagree with them
shall have voice IN the government when they have
been legally elected as representatives Of their districts N
z legislative body2
It is dangerous doctrine to insist that the people
have not the right 70 elect whom they choose to public
Office It Is not oontended that there was anything NE
gal about the election Of these Socialists; neither is it
o0nteuded that they have been found guilty Of violation
Of any laws Of the land Refusal to give them seats IN
the assembly is based the broad assumption that they
belong to any organization which IS disloya and Teyou-
It is true that Socialists, as rule opposed the war
They oppose principle So do the Quakers and
LOT of othr susceutous obectorsn but II is not likely
anyone would attsmpt bar Quaker from office be-
he opposed the Some Socialists may have
sven ofort % the snenvH but if It could be proved
der the federal laws The law pTesumes that these men
innocent Of any crime against the government because
they have not been proven guilty tried So the
cnarge that they aided the enemy falls under the well
known principle Of law that they innocent until proved
guilty.
New York is unfortunate to have these Socialists as
legally elected representatives, IN its state assembly, but
the state is making bad matter by denying them
the seats to which tksy legally elected It smaezs
Of methods which have brought disaster to many govern
meHts. Unless wiling to admit that representa-
tive government failure, should 60 slow IN over
riding the expression Of the voters, for when legislative
bodies the courts 60 behind the ballot box they
are doing thing that IS faught with grave peril
the United States senate today there Is
Ticted Of crime than the New York Socialists
accused Of Senator NesberTy still holds his seat al
though he has been found guilty Of corruption IN cleo
tons He Is permitted to retain his membership because
legal process in his has not been finished and
the United States senate, the highest legislative body IN
me world vii not deprive him Of his office until the
convicted has exhausted every to prove his
innocence Yet the lower house Of the New York legs
undertakes TO say that certain men, guilty Of
IN the eyes Of the law and lawfully elected to its
Membership shall not be given their seats because they
think wrong"
Persecution never destroyed any evil reacts against
the persecutors Socialists welcoming the action Of
the New York assembly with delight because they know
that the American people stand for Justice regardless Of
consequences This nesr-sighted action makes great
paign mstsral for tie Socialist party.
The san Francisco convention promises to be the great