The New York herald., 1920-01-24
WITHIN THE LAW.
SAY SOCIALISTS
Work "in the Open and Under
the Constitution" Their
Defence.
MR.. HlLLQUlT TAKES REST
Goes to Saranac Lake, and Seymour
Stednlan Will Be in Charge
at Albany.
SPECIAL Despatch to the Herald. }

ALBANY, n. Y, Friday-In answer to
the charge that they are the agents of an
invisible government counsel for the
five Socialist Assemblymen agreed after
an all day conference that their defence
would be that they are the representa-
lives of q legitimate political party. operat-
ing in the open and under the -constitu-
tion."
The lawyers for the five Assemblymen
collected today as evidence for the de-
fence the platform, declarations and other
officlal pronouncements of the Socialist
party from its foundation to the present
This will be presented to the Judiciary
committee when the five men open their
case. That it stands for radicalism they
do not deny.
Following the conference Morris Hill
quit retired temporarily from participation
IN the case and left for Saranac Lake for
brief rest. Seymour Stedman, Of Chi
cago. friend and associate Of Eugene ".
Debs, with take his place at tho head of
the Socialists counsel table when the
trial is resumed next Tuesday. Mr.. Hill
quit has not quit the case. as was re-
ported today. On the contrary, he will
keep in close touch with developments and
VIII return as soon as his health permits.
Mr.. StedmaI said THE disclosures made
Yesterday show that the people who are
backing this attack on Socialists are igno-
rant OF our real position and do not dis
criminate between violent radicals and
those who have a sane and intelligent
Socialist programme
With the ending Of the first week of the
trial. 1t appears there is a wide difference
of views among members of the Legis-
o. fha law
few Of the Republican leaders apparently
are disappointed that the State has not
presented more startling evidence. They
said they had been led to believe that the
Assembly at the first days trial would
ctfsr testimony of such discriminating
nature that no room for doubt could re-
main that the Assembly was justified in
unsea ting the five Socialists.
Some Of the Republican State leaders
nnGues1onably are showing concern over
The outcome, but have been assured by
Attorney General Charles r. Newton and
his associates that at the proper time and
ia the proper way enough evidence of a
documentary nature alone would be SUBJ
mltted TO establish all the charges that
>.,aavo been made.
In answer to the doubling Republican
snembers counsel for the Assembly said
that the first day of the trial was devoted
almost solely to presentation of docu-
nlentary evidence of a general character,
dealing With Socialism They have only
begun, Il was said, to present their real
evidence, and added they were positive
when the time comes they will connect all
the radical propaganda already introduced
with the five suspended members. 1t was
said that the affirmative case for the State
would be practically completed next week.
Have Only Begun, They Say.
The five Socialist Assemblymen today
marched up Capitol Hill to the Assembly
paying teller for pay for the first half sof
the month. Under orders from Speaker
Sweet the paying teller refused to give the
AssembIyrnen their cheques The five
threatened to bring mandamus proceed
ings to compel payment and Immediately
appealed to their counsel to begin action.
Gilbert T.. Roe. Mr.. Hillquit and the others
advised against starting any new legal
proceeding and no further action was
taken. The Socialists issued this state
ment:--
The five Assemblymen and their coun-
sci held a conference lasting all day, in
the course of which they massed all the
evidence for the defence, which constitutes
among other things every platform, dec
laration, constitution, manifesto or other
official pronouncement of the Socialist
party OF the United States since the day of
it's organization to the present date; like
wise all similar declarations and constitu-
tions of the State organization in New
York and the county organizations in
voved; also all puINc acts and declara-
tions of elected Socialist officials in this
state and in the House of Representatives
from this State. all of which will prove
conclusively that the Socialist party Is
now as it has always been, legitimate
political party operating in the open on
perfectly legitimate and constitutional
lines.
Mr.. IIillqult has left for Saranac Lake
TO rest for a short time and Is not eX-
pccted to return Tuesday, though he will
remain in daily and intimate touch with
the proceedings before the committee. He
will return in about q week."
Letters Commend sweet.
Speaker Thaddeus c. Sweet, Of the AS
sen1bly. who initiated the charges against
the Socialists and the move to suspend
them pending trial. has been swamped with
letters during the last two weeks. the ma
jority of which, upon examination, show
commentator of his stand.
Five army and navy officers together
signed ore of the letters upholding the
Speakers action. They were Walter w
Sullivan. of the navy Thomas McGlinchey
S03d Engineers: Robert NJ. McGruley, 316th
Aero Squadron: John y. Outwater, Jr.,
so9th Infantry, and George II. Steinle
Amatol Arsenal.
Among the letters Speaker Sweet has
received were these from which excerpts
were taken:-
Charles r. skinner. formerly State Su-
perintendent Of Public Instruction -
These devils are not fit to live In a coun-
try like ours"
John A. Dix, formerly Governor We
must separate the sheep from the goats.
There is only one American way and that
In TO stamp out the anarchistic element"
Frederick NJ. Ackorson, Presiding Judge
state Court of Claims:-"You are standing
at one of the crucial moments in the his
tory Of American institutions. May God
give you clearness OF vision and steadness
Of purpose to finish what you have begun
William y. Ellison, formerly Corporation
, Counsel New York city:-"T have yet to
10 persuaded the elements of disorder in
this country are any better than they have
to be and not as bad as they dare TO be"