Every evening, Wilmington daily commercial., 1920-01-21

Albany, NJ Y, Jan 81 A defense
Of Soviet Russia was made today
ON the floor Of The New York assem-
bly, chamber by Seymour Stoelman
Of Chicago, an attorney for the
defense in the trial Of the five gus
pended Socialist aBscrnblyrnen before
the assembly judiciary committee
on charges OF disloyalty.
Albany, NJ Y, Jon. 2I.--The second
day OF the trial of the FIVE suspended so
cisiis. asscnblynen before the assembly
judiciary committee opened this morning
with announcement by Louis M. Martin,
committee chairman, that motion for
Dismissal Of the proceedings, as "un-
warranted" made yesterday by socialist
counsel had been denied
Questioned by Morris HilIquit, who
made the motion, Mr.. Martin said the
decision had been made by the char after
n conference with the committee.
Gilbert f. Roe, associate counsel for
the defense, then moved chat the quintet
be rreseated during the investigation and
launched his argument.
Mr. Roe declared that If the exclusion
of the five socialists from the assembly
was an illegal act-and he held that It
was llegal-thc quintet are still members
OF the House, and consequently are, and
have been, entitled TO take part IN all
proceedings that have led mp tn the COM
uittee's investigation and ~ all debates
of the resembling or modifying OF the
Hispendlng resolution.
dIf tho proceedings that excluded them
were Illegal. I" he said, then the exclusion
WAS not accomplished by the power Of
law, but by the power Of violence
L. knE ro<f a 81 n torment ffX committee
counsel that right 10 expei inciuded the
right to suspend, these proceedings, he
declared were not Of the sarne class.
He argued that examination Of the
Srnoot, IaFollette and Ncwberry cases IN
the limited States Senate showed It never
even had been suggested that tho mem
hers under investigation should have been
snspended' a. ho,,-o -
the seventh of this month he continued,
twas n revolutionary power, IN linconsti-
tptinnai power. II has no precedent IN
| any parliament or any statute book II
vas the exercise Of power that would
destroy representative government N
yotr State.
John Z. Stanchheld, aeso~iate colIrfeel
for the COMMITTEES, followed Mr. Roc ne
asserted that the latter's motion 10 reEeas
| the FIVE socialists pending investigation
sas substantially the same as one made
Yesterday by Morris Hillquit, chief Of the
socialist legal force.
MIR Stanchfeld said that with an ~.
yastdgation in progress INTO the Loyalty. oi
members, It would Fc beneath the dignity
! Of the lower house 20 let them retain their
seats pending tie trial and that even =
| there were no precedent, thfs case would
I -. -Aat tlsrhTaar4 ~ nm
lie declared committee counsel woalid
prove beyond the shadow Of doubt that
| the charges against the defendants were
| true that they were members Of q party
whose doctrines threatened the utter
| and complete aarihilation OF the power
Of the STATE :
When both eicles had cloged thair arg1l-
| ment. Chairman Martin announced the
motion TO rescat the defendants pending
| trial had been denied-the fourth time i
| has been ovcrruIed aTnoe The Opsnlng OF
| tke investigation.
Mr.. Stedharn, the lawyer who had
renresaated Eugene Debs and Victor L
!. Berger in their c.-ses, moved for iisTalss2
! Uf the charges against the socialist assem-
/ blyrren on the grounds that they did not
include cause for exclusion of .Aes'
! members
Arguing IN connection with the cnarg
! that the socialist party at its convention
IN Chicago last summer had expresse'
| solidarity with Soviet Russia, he aSsertef
that the assembly had condemned IN
suspended members because they wer
members OF party which, expressed sue
approval
Expression OF belief IN the Soviet sys
TEN, ne declared, was rot 81 offcnse Il
| England. Germany, It>ly or NORWAY
where 1t had become an issue ,auds sae adde'
that in this country II was not Grim
for which a man could be tried and sen
10 the pentitentiary, nor did It even atior
the basis for a civil libel suit.
I'VE are not at war with Russia, Il
said 1T is true that some OF our troop
are over there and some OF the troops {
our associates 1t VAS rather unfortuna1
for some of or asaoei&ts' troops, Tor II
Russians shot some ideas inthiT regiments
/ Mr. Stedham, who SAID education.
institutions were being developed ,
Russia despite the Sighting that wa
going ca there, asserted that feeling towan
that country was changing, and cite
despatch to the effect that the allie
governments were preparing to reSunl
trade relations.
This he clnimed, was commerce.
recognition of the Russian political Al
economic structure.