New-York tribune., 1920-02-11
) Ousted Men
To Be Reseated
At Once, Run1or
Talk at Albany Indicates
Claessens, Dewitt and
Orr Will Be Vindicated
Before Defense Opens
Prosecution Rests Case
Solomon and Waldman Face
Fight; Sweets Prestige
at Socialist Trial Wanes
From a .Stnf Corresnond.nt

ALBANY, Feb. 10--Thc nrosecut;o,
In the trial of the five Socialist Assem-
o'ymen rested its case tonight.
mere is talk here of the possibility
OF reseating three of the ousted Social
ISIS before the defense puts in anv
evidence. This talk comes from quar-
'ers close to the prosecution. 1t is
SAID that those likely to be reseated
II the proposition under discussion is
carried through will be Assemblyman
Orr, Dewitt and Claessens
colonel Theodore Roosevelt and
others associated with him in an ef-
'ort TO see square deal given to the
accused, are united in the opinion that
not shred of testimony or a piece
OF evidence has been brought forward
TO warrant the expulsion of Assem-
Diymen Ciaessens, Orr, Dewitt or
Waldman. Some of them are con-
Vlnced that a prima facie case has been
made out against Assemblyman Solo
mon.
They do not consider the testimony
OF the seventeen -year-old stenographer.
Miss Ellen B. Chivers, as damaging.
What they Go regard as serious is the
story related by Walter Hart. the
young Brooklyn Democrat, who test-
ned that Solomon had made revolution
ary utterances in the course of debates
with him. This testimony has not been
corroborated. 1t is expected that wncn
solomon takes the stand he Will deny
5hc damaging statements attributed to
MIN by Hart. Hart was a candidate
Tor the Assembly last fall against Sol
onion.
Sweet Loses Prestige
There are members of the Judiciary
Committee, which is trying the five
Socialists, who hold that no case has
been made out against the suspended
men.
1T would not surprise US to see
majority report recommending the
seating OF the five men on trial." said
Maurice Bloch and William S. Evans,
members of the committee, at the close
of the prosecutions case.
Speaker Sweets most recent attempt
to bolster up his case by playing poll
tlcS with the vacancies among the Re
gents Of the University of the State of
New York has lost him considerable
prestige. In this effort he had
only one Republican of any size
behind hlm--William Barnes. And lined
up against him -soidly-was every
the Bronx.
In expressing their belief that the
majority of the committee probably
would report TO rcseat all five Social
lsts, emblymen Bloch and Evans. in
a joint statement, said:
Ihe prosecution has introduced evil
dence from which it may be inferr,
that the Socialist party Of America h. S
been. ,disloyal to the United States dur
ing the war with the Imperial German
Empire; that the individual member
OF the Socialist party and the five men
on trial were disloyal if they subscribed
to the st: Louis platform adopted by
the Socialists in 1917.
Opinion, and No More
Our view OF what loyaltv maane
us to the belief that any per.
son who subscribed to the ST, Louis
platform was not a loyal American. !
Ihat we believe to be the view of thc
great majority of Amy--
lcans. But whatever be the Wow of
the majority as to what constitutes
loyalty to the United States, that view
constitutes an opinion, and no more
we are satisfied that whatever ideas
the Socialists hold as to what consti- |
tutes loyalty are with them honest M Sta and su,
frank expressions of their views and
opinions. The Socialists definitions of
loyalty to the United States and it's
people are so alien to our line of
thought that in our opinion they never
will obtain any hold on any substan-
tial part of the American people.
but whatever their views are an
what constitutes loyalty, the constitu- !
tion OF our state, Article XIII, Sec
tion /, specifically prohibits the Ley
lslature from inquiring into the low /
atty of elected and otherwise quail /
he'd members of the Assembly. The Ian
guage of the constitution is specifc
and plain:
NO other oath. declaration or test
shall be required as q qualification for
any office of public trust
Loyalty is test. 1t is a test dan
gerous to representative government.
because the question vl what is or is
not loyalty is an opinion subject to
change. 1t has no definite standard
1t is a test which gives the maioritv
unusual and arbitrary power. Our
government is in danger and cannot
be saved by the imposition of such
tests.
"The only safeguard upon which
america can rely in such EMERGENCIES
is to have the citizenry elect to power
men or women who accord with tho
majority idea of wha, is real LOYALTY
10 America and it's people.
Reversion of Principles
ANY other views make it poss;h,,,
or the majority to tyrann2e the minor