New-York tribune., 1920-01-18
SocialistBan
Now Opposed
By State Bar
Resolution Asking That
Association Refrain From
Any Criticism in Custer
Case Defeated, 113 100
Hughes Urges Justice
Action of Lower Hous'
Called a Stain Upo,
Record of the Stat,

vote of 113 to 100, defeated a resolu-
tion offered by W. D. Guthrie providing
that the association refrain from crit
icising the action of the Assembly in
suspending the five Socialist members.
Dir. Guthrie's resolution was offered
as a substitute for the resolution of
John Brooks Leavitt, which commended
the Assembly for the unseating of the
Socialist Assemblymen. The Guthrie
resolution was as follows:
Resolved, That the New York State
Bar Association deems 1t Improper to
express any opinion at the present time
or in any way or manner to criticise
the Assembly for its action, in view of
the fact that the evidence against these
accused members has not yet been ad-
duced before the Assembly and in view
further OF the provision of the state
and national Constitutions recurring
every member of the Legislature to
take solemn oath to support said Con-
stitutlons and of the provision expressly
making each House of the Legislature
the judge Of the qualifications of it's
members"
Hot Speeches Over Resolution
Before the resolution was put to a
vote hot speeches were made for and i
against it. Charles E. Hughes made
the principal argument against the
resolution, declaring the Assembly's ac-
ton was stain upon the record of
the state" Other speakers against
the resolution were Louis Marshall and
John Waldo O'Brien. Mr.. Hughes is
chairman Of the committee appointed
by the Bar Association of the CITY of
New York to go to the Socialists trial
at Albany next Tuesday ito safeguard
representative government" Mr.. Mar
shall also IS member of this COM
mitteee The city bar association at
meeting last Tuesday adopted a resolu-
ton condemning the Assemblys sus-
pension of the Socialist members.
"The question here involved" said
Ar. Hughes, protesting against the
action OF the Assembly, ais the prin-
ciple of representative government in
this state What are the real, incontro-
vertible facts? The Socialist party cast
ballots according to law and their candi-
dates were duly elected. Without trial
they have been denied the privileges of
their seats.
II regard such action as this as a
stain upon the records of the State Of
New York. There has been no charge
against these Socialists of personal un-
fitness or delinquency. / don't attempt
to defend the Socialist platform because
] am opposed to every phase of it, but
it is platform organized for political
action. There isn't line in it that in
dicates desire to overthrow the gov
eminent of the United States by force.
Denial Of Seats Denounced
Thn - ~
was the most Bolshevistic act in the
history Of this state. The right to
vote is nc right at all if representa-
ticn is denied. There should be some
one to sustain a specific charge before
a member can be ousted. The charge
against the Socialists Is not an ade-
quate charge, and there has been no
charge Of disloyalty."
When Mr.. Guthrie rose to speak in
defense Of the Leavitt resolution he
offered his own resolution as substi-
tute.
MIR. Guthrie in his argument said:
Specific charges were made against
these tive Socialists and they were sus-
penoed pending an investigation of
these charges. Astounding revelations
nave been promised by the Assembly
II mas. been conceded that these AS
ssmbls men belong to an organization
preaching the overthrow of the gov
ssrnment by force. There are two
forms Of socialism-evolution and
revolutionary. The latter form is the
iawiess form. And to this latter form
these FIVE AssemblyYnen belong. The
Legislature did patriotic duty in sus-
pending them"
The Socialists" said Mr.. Marshall.
speanng against the resolution offered
a. substitute by Mr.. Guthrie. "be-
came duly elected members of the As
samoiy. They had taken their oath of
omee and had proved their right Of
imemoersnip. The action of suspend
.nG tnem was taken without notice and
NC E.sooTs nearing, and a. result Eve
Hew YORK constituencies are without
representation"
Assembly Inquiry On
Before the Guthrie resolution was
onered as substitute Mr.. Leavitt took
iee noor and gave his reasons for
ssa"ing up resolution indorsing the
acton Of the Assembly.
;. The Assembly" said Mr.. Leavitt,
IL ~ now investigating the question Of
shetner the five Socialist members ad-
vocate the overthrow of the govern
ment by violence
II was announced last night By At
prhey General Charles D. Newton that
yonn Z. Stanchfeld and Martin w.
Li'Sieton have been selected to act az
special counsel for the Senate Judiciary
=. g.'mmistee IN pressing charge against
sae Socialist members.
IN making the announcement Of the
..eiection Of special counsel the At
..cfney General said: "It is possible
snss little later / may deem it neces-
sary 70 make another selection Of ar
upssa'e attorney, or possibly more
ihis upsate man, If appointed
IN IN aid those designated by me to-day.
ar. Listeton has made an exhaustive
..uoy of socialism, and as a result In
saquessionably one Of the most able
sasn 70 conduct such work as | have
ues.snated for him."
ing state executive committee Of the
.naMes'can Legion yesterday discussed
80 suspension Of the Socialists. but
Nox no action. The following an.
'ouneefnent was made:
1t Wac the unanimous opinion ~ ths
committee that the action Of the AS
.sImoiy was not a matter for action by
.s as american Legion at the present
!. Jaiss Gerber, executive secretary Of
~ New York local Of the Socialist
fsyxssterday received subpoena from
- I'm y. Martin, chairmah Of tho Sen
IL judiciary Committee, commanding
1'm 70 produc At the hearing on Tues
Wy Eli letters written IN +hr Gnn;.I;..