Republican farmer., 1920-02-13
COMMITTEE ASSERTS FIVE ASSEMBL WHEN
 WERE DISQUALIFIED
Prevented By Their Own Acts From Taking Constitutional Oath of Omce--Pledged Them selves Not to Vote to Appropriate Moneys For War.

Albany, N. r., Feb. 12-In a brief which summarizes the evidence introduced by the prosecution at the hearing by the assembly judiciary com- mittee regarding the qualiflca- tions of the five suspended so- cialist members, counsel for the committee declared that the men under investigation have disqualified themselves from taking the constitutional oath of office, that they are mem bers of a revolutionary
 and that it is the duty of every member of the assembly to ex- pei them from that body.
 t"The five assemblymen.' says the brief, 'by pledging themselves as members of the Socialist party not to Ivote to appropriate moneys for mili- tary or naval purposes or war; dis qualified themselves from taking th& constitutional oath of office as assem- blymen, and the oath as taken pS them was false.
 '"The promise of the Socialists not to vote for any military or naval ap- Dropriations or for war was as much in conflict with the federal constttu- ntion as with the state constitution, and disqualified them from taking the official oath to support the federal constitution and rendered the oath as taken void.
 The five assemblymen by theil pronnise to take directions from the dues-paying members Of theil .1ocals'' or their executive" commit tee in all matters arising in the as senlbly, including their vote for al appointees and officials chosen b, the legislature; to vote as a unit witt all other members of their party o1 all occasions, and to place their res ignations in the hands of the dues paving members to insure the per formance of their pledge, abdtcate' their function as assembiymen ant disuualified themselves from takin, the oath of office
 ''Tbe socialist party Is a revolu tionary party, having the single pur pose of destroying our institution and government, which they abho and substituting the Russian -sovie government or the proletariat gov ernment instead to be controlled b themselves. This appears from thei platforms and propaganda.
 '"The Socialist party is not a na tional party, like the Dem ocratic part or the Republican, whose aim is t conserve and preserve the natioI The Socialist party is an anti-natfone party whose allegiance IS given | the intRrnationale and not to tn United States, whose government an instructions it would destroy.
 "'Mass action and the fgeners strike are advocated and urged b the Socialist party a part of th plan to bring about conditions favol able to revolution, and as instrume en of revolution and not to remedy il dustrial evils. The revolutionary pul pose and non-pont1cal character such acts make them reasonable an whether criminal or not in the al sence of such purpose, treasonaib with it
 .'The five assemblymen star sduarely with their party for u overthrow of our government Thr of them-C1aessens Solomon al waldman-avowed these doctrines candidates for the assembly.
 ''The five assemblymen by the pledges and speeches have render themselves arnenable to the terms the espionage act, and should be co victed under it's terms.
 ''It is the supreme duty of the 3 sembty and its loyal members W have taken an oath to support t constitution of the state of NJ York and the constitution of t United States, to exercise their al pie power to exclude from the leg Iative body of the greatest state the union enemies of state and the United States would destroy be constitutions and the governme1 organized under them. Tolerance such a presence would involve
 breach of their oath as loyal IT, and assemblynen."