New-York tribune., 1920-01-21

again to the attack He spoke for an
hour and half, citing Congressional
and legislative precedents against a
further trial Of his clients, who, he
said, were guilty of no offense for
which they possibly could be tried by
tho Assembly.
That body, he held, had power only
to judge as to the fairness of q mans
election his constitutional qualfica-
tions or certain other specified cases
some contagious disease. Only in such
cases, he insisted, was it qualified to
take action.
Throughout the first part of his ad-
dress while he built up his case, he
was suave, gentle of voice, easy of
gesture.
Then suddenly his voice changed and
developed deeper undertone.
This. then" he cried, "is the law;
these are the precedents. and in the
face of all that, in the face of the
mandatory provision of the Constitu-
tion, in the face of every precedent set
by you, you are asked to come at this
late hour and invent new qualifications
and make them a test Of the admissi-
biity of members duly elected"
From half submissive, almost
deprecating figure. he seemed to have
changed, seemed almost to have grown
in stature. His gestures became quick
and hard as the blows of fighter.
What" he shouted, "is left of rep.
resentative government, what is left OF
democratic institutions if you will
allow majority in any sovereign house
elected by the whole body of the
people to pass judgment on the views,
upon the policies of their fellow mem
bers? Can't you see where that would
lead you?
"If the Socialist members of the AS
sembly are to-day expelled or excluded
for the sole reason that their platform,
their party are not to your taste, gen.
tlemen of the Republican and Demo
cratic parties, what warrant is there
the same qualifications won't be made,
perhaps, next year, perhaps three years
from now, against the Democratic
party? 1t seems to you impossible
ut seems to you absurd. Why, this
proceeding seemed impossible and alb
surd to US only two weeks ago. 1t has
happened. You set the precedent once.
You sweep away the constitutional limi-
tations and guarantees. You substi
tute the arbitrary opinions or arbitrary
views Of the majority for your law, for
your constitution, for your popular will,
and you have situation Of chaos and
civil war instead Of having a we'll regu-
lated democracy"
Mr. Littleton spoke in rebuttal. and
for few minutes after he had con-
cluded he, Mr.. Hillquit and Mr.. Stanch
field engaged in threecornered de-
bate which was ended by the adjourn
ment.
When the session opened Mr.. Martin
announced that the proceedings would
adhere to the rules and procedure Of
the Supreme Court, and Mr.. Hughes
intervened.
Mr.. Hughes: II crave the courtesy
brief statement on behalf of the
Association of the Bar Of the City of
New York, which is represented here
by a special committee composed of
Judge O'Brien, Senator Mills, Mr.. Mar
shall, Mr. Proskauer and myself.
"ln asking the courtesy of the COM
mittee to make brief statement, l
desire to say that this special COM
mittee does not appear on behalf of the
members of the Assembly under sus-
! pension, nor on behalf of the Socialist
party, but solely on behalf of the Asso-
citation of the Bar, and in the public
interest we desire, if we may, at the
threshold of the proceedings of this
judiciary committee to suggest to the
committee the gravity of the matte,
before them and the Importance OF
determining at the outset the applica.
tion of certain fundamental principle.
and Of formulating their course of in
quiry in such a manner as to satisf,
those principles of constitutional Law
and procedure.
1--WE have concrete suggestion tc
make to the committee and it is ou,
sole desire that this very importan,
matter, the determination of which !.
so closely related to the security OF
che Republic, should be dealt with in
a manner that will commend the &C.
tion Of the committee and of the AS.