New-York tribune., 1920-02-03
McLaughlin's Resolution
Attacks Constitutional
ity of the Proceedings
Against the Socialists
Sweet at Helm
OF Steam Roller
Amos Finds 1t working
Fine and Refuses to
Press His Two Motions
staff Correspondence

Staff Correspondence
ALBANY. Feb "A fresh attack o
the constitutionalty of the trial of tn
five suspended Socialists was made to
night on the floor of the Assembly b
Assemblyman J. Fairfax Mclaughlin
of The Bronx.
AS on almost every other occasio
when any one rose to question tn
ousting of the Socialists or to utter
word in their defense. the Speake
ruled the matter out of order.
Mclaughlin offered n privileged reso
luton in which he set forth tn
grounds of his objections.
at is not privileged resolution.
said the Speaker, after reading it t
himself
McLaughlin's Resolution
Mclaughlin asked that it be read t
the House, so that the members woul
know what it was.
at cannot be read tonight" said tn
Speaker.
"Then offer it as an original rcso
luton" said Mclaughlin. "and call fo
it's reading tomorrow. This rcsolu
tion reads:
"Whereas, the Constitution Of the
State Of New York, binding alike
upon private citizen and public Of
fetal, and especially dear to all
champions of American institutions
in this state, provides that for any
speech or debate in either House OF
the Legislature, the members shall
not be questioned in any other
place; and,
"Whereas, the Supreme Court IF
the United States in constituting this
lo1l L.
absolute immunity from question for
any votes of members. report of
committee resolutions and other Of
fetal acts, and things generally done
in a session Of the House by one Of
it's members in relation to the busi-
ness before it, and,
"Whereas, This privilege of mem
Der is the privilege of the house. and
cannot be waived, but is guaranteed
by the Constitution for the purpose
OF insuring the utmost freedom Of
speech and action to the members
of either house at each session of
the Legislature, that while acting in
their official capacity they may feel
secure to speak and act to the best
of their ability and as their con-
sciences may dictate, with the
knowledge that their official acts and
words cannot be called in question in
any other place without a breach of
the privilege Of the house and a
violation OF the Constitution Of the
state; and,
Would Ignore the Past
"Whereas, In the inve tgation and
trial Of the charges against the five
unseated Socialist members certain
votes cast by some of them in the
1918 session of the house have been
called in question in disregard of
this privilege of the house and in
disobedience of the mandate of the
Constitution, now, therefore. be it
Resolved, That any votes of the
unseated Socialist members cast at
a previous session of the house shall
not be called in question in the said
trial of the charges against them,
which is now pending, February 2,
1920"
Assemblyman William c. Amos, O
New York, who was prepared to call u
his resolution demanding that the spe
cial committee of the Bar Association
headed by Charles E. Hughes, be per
mitted to appear before the Judciar
Committee as representatives of tn
people of the state, decided not to NOV
this or his resolution calling for tn
reseating of the Socialists.
"Thcre is no use to make the at
tempt" said Amos, because the stear
roller is in fine working order to
fore another week is past Speake
Sweets steam roller will be pulled u
for repairs"
Among the witnesses who will b
called by the state when the trial O
the Socialists is resumed tomorrow
will be Peter w. Collins, director o
reconstruction and supervisor of tn
knights of Columbus Employment Sys
TEN, and Assemblyman Michael A. Ira
han jr., Republican, OF Westcheste
County.
Collins, who was formerly presiden
of the Boston Labor Council, has TO
several years been lecturing agains
socialism, Bolshevism and other kin
knights of Columbus he has been &C
tive in the fight against Bolshevisn
and socialism in this country.
Trahan Will Testify
Assemblyman Trahan will be calle
upon to tell of the Legislative activi
ties of the Socialist members of tn
Assembly during the war Legislator
of 1918. Charles Solomon, Louis Valid
man and Samuel Orr were members o
the Socialist delegation in that year.
The prosecution expects to finish u
it's case by Thursday. Unless tn
prosecution produces evidence showinI
that the five Socialists are PERSONAL,
guilty of the charges made by Speake
Sweet, Colonel Theodore Roosevelt viii
move for the discharge of the commit
tee from further consideration of tn
resolution embracing the charge
against the Socialists and demand tn
reseating of the five ousted Assembly
men.
Assemblymen from many upstat
centers on their return here to-nigh
communities is strongly in favor of re
seating the Socialists. They say tina
lawyers and laymen alike characteriz
the evidence and testimony adduced t
date as insufficient to warrant verde
Of guilty.
Co,o,,,orsc Horne = HOSn;to