New-York tribune., 1920-01-15

the Socialists has invalidated all &C.
.lons taken by the Assembly, and that
IN order to legalize its transactions to
date 1T must reseat the Socialists.
ne Characterized the unseating of the
SOCIALISTS as an act of violence against
representative government which "is
calculated not only to promote social
onrest' put revolutionary acts"
Constitution Violated
In my opinion" he said, "the tenn
porarry expulsion of the five Socialist
members from the Assembly is in vio-
latlon of the constitution of the state
of New York and makes invalid each
and every act of the Assembly since the
hour of their expulsion.
i base this belief upon a common
sense Interpretation of Section 10 of
Article III of the constitution, which
reads: Each house shall determine the
rules OF 1T. own proceedings and be the
judge. Of the elections, returns and
qualifications of its own members
This can only mean that the AS
sembi!y has the right to judge of the
qualifications of its members, and if
such qualifications be found to be in
adequate or unsatisfactory to the As
sembly the Assembly shall have the
right to expel the members found to
be so disqualified.
This section of the constitution
does not mean that the Assembly has
the power to suspend members or to
exclude them temporarily from partici-
patton in legislative affairs of the As
sembly pending trial. 1t is obvious, if
this Interpretation Of Section 10 of
rect that the actions of the Assembly
since the expulsion of the five Social
1St members are invalid
1T would mean that 145 members of
the Assembly have usurped the powers
of the Assembly and have acted since
the expulsion of the five Socialist
members without authority and in
direct opposition to the letter, spirit
and purpose of the constitution of the
State of New York
These five Socialist members, de-
MED the seats to which they were duly
elected under the election laws of the
State of New York, have not been ex-
PEELED from the Assembly, and, there
being nothing in the Constitution per-
mitting the Assembly to suspend mem
bers duly elected, it logically follows
that the Assembly has been conducting
its affairs since January 7, 1920, in d.
rect opposition to and in violation of
the Constitution Of the state of New
York.
"The force and logic of my conten-
tion is found in the fact that the Legis-
lature of the State of New York is not
in position at the present time to
demand a special election to elect
members to succeed the Socialist mem
bers who have been excluded from the
Assembly, because the Socialist men,
bers are to-day bona fide members of
the Assembly. Yet they are excluded
from participation in its sessions and
their constituencies of free American
people are unrepresented."
Fair Trial Promised
Speaker Sweet declared to-day that
the charges made in various quarters
by Assemblymen that the Socialists
would not get fair trial were without
foundation.
"They are going to get fair trial."
said the Speaker, clenching his fists.
1--WE are going to see that the people
are kept Informed. We want the peo-
pie Of the state to know the whole
truth about this case"
The Speaker was especially angry at
the veiled charges made that hts am
bitions to be Governor had warped his
judgment in the case Of the Socialists.
"This case is too big for politics." he
said, "and no mans political ambitions
are involved"
The Speaker said that there were nu-
merous precedents for the suspension
of the Socialists without trial, citing
the refusal of the House of Repre-
sentatives in 1899 to seat Brigham
Roberts because he was a polygamist