New-York tribune., 1920-09-23
County Clerk Schneider
Says Unseated Assembly,
men Had Not Received
Certificates of Election
Lacked Credentials
When Given Oath
Procedure To Be Deter
mined at Conference
With p arty Leaders Here
Special Dispatch to The Tribune


ALBANY, Sept. 22.-The Assembly
may not have seen the last of Charles
Solomon, Louis Waldman and August
Claessens, the three Socialist members
who were oustcd last night.
Legality of the custer proceedings
was questioned to-day.
The question was raised by William
F. Schneider, Clerk of New York County.
He declared that under the election
law no person can be sworn into an
elective Office unless he can present a
certificate Of election. None of the
five men had such certificates when
they came to Albany Monday morning
and were sworn in as Assemblymen bv
Secretary OF State Francis M. Hugo.
The law prescribes that the County
Clerk of county has twenty days in
which to issue q certificate of election
after regular election and ten days
following a special election. The So
cialist Assemblymen did not possess
these certificates when they took their
oath of Office
For this reason, it IS held that thew
were not qualified to take their oath.
and that their oath is null and
void. No person can participate in the
dellberations of the Assembly unless
he is duly sworn in. The claim is now
made that the five are not members
of the Assembly until they have been
legally sworn in and that, therefore,
the custer proceedings against them
have no legal standing.
Socialists to Confer With Leaders
So far as the Socialists arc con
cerned they are not personally in
c'ned to reopen the issue. Whatever
course they will take will b. determined
entirely by the Socialist organization
The men will go to New YORK and con-
Ter with their leaders on the subject
IN respect to the status of Samuel A
Dewitt and Samuel Orr, the two Social
iist Assemblymen who were allowed to
keep their seats and afterward re-
signed, they are still members of the
Assembly. A verbal resignation is not
acceptable. No resignation is binding
unless 1T is submitted in writing. The
future action Of these two members
also is held in abeyancc pending a
decision by the Socialist party organi-
Zatlon. The question whether thcv are
10 continue to serve will in all lkcli-
'oou oc submitted TO referendum in
the districts they represent.
Meanwhile neither Dewitt nor Orr
VIII partici pate in the deliberations Of
the Asse embly even if they, despite the
technlcality involving their status,
should be allowed to take their seats
Common Practice at Albany
When the Socialists appeared at the
Secretary of States office Monday
morning to take their oath Of office
they were not asked if they possessed
certiflcatcs Of election. Secretary of
State Hugo was not in Albany TO- day,
but 1T was said at his office that the
manner by which the Socialists were
dealt with was in keeping with common
practice. There would be no motive for
any one, it was explained, being sworn
INTO office unless he was elected.
SO far as the legality of the proceed
Ings against the Socialists is concerned
no ruling could be obtained from the
office of the Attorney General to-day
sir. Newton, who has been in personal
charge of the legal phases Of the ocs
ter, was not in the city 1t was learned
on high legal authority. however. that
there is Il strong foundation for the
claims that the proceedings may have
been illegal. and that the case is such
that should it be deemed necessary it
could be submitted to the courts