New-York tribune., 1920-03-31

Diy, ana tnAt the Seata to which they
are elected be declared vacant"
The report is record or.2,000 print.
ed pages and 600 documents.
"The rule which we. have adopted Al
the basis for our decision" i says
"is not only declared in we'll, consid-
cred parliamentary. precedehts,, but. is
In harmony also with the unders tand-
/, ing OF the rule that should, be Ap-
piled, expressed in the early stages OF
this inquiry, by counsel fors the five
! Assemblymen in the discussion Of one
Of the charges contained in ,the reso-
luton adopted by the Assembly. 1t
was then. conceded that II the cbn-
duct alleged in such charges we're
the exclusion from the Asser1p-yI Of
these five men. Aasg
"The statement of counsel MORRIS
HillQuit), indicating clear under
standing of the law and ia correct
analysis of the charges, is an fol-
lows: ,'
"'Your last charge, shall refer to.
It is the only charge which consider
he's any merits. You say: "The So
ciAlist party of America did urge upon
its members to refrain from taking
part in any way, shape or manner in
the war, and did affirmatively urge
them to refuse to engage even in the
prosecution CT the said war, and did
thereby stamp the said party and all
its members with an inimical attitude
to the best interests of the United
States and the State Of New York" That
the trainers. of this may have con-
sidered to be the truth. That is an
issue we are quite willing to meet, and
I think it will be an issue they will
regret they ever suggested for we
are very certain and positive no proof,
no act of the declarations of the party,
either in its more prominent councils
or in its locals, will be found to verify
in the slightest degree that statement.
IF this party advocated and urged
- members to refrai n from taking
part in the war in any shape or man
ner, and did afirmatively urge them
duction of munitions Of war. . .
if that is proved against the party
and these members are members of it
I'VE will have nothing to say except
leave these chambers in humiliation,
"The provision in the Constitution
Of this state" the report Of the Ju-
dietary Committee declares, that mo
other oath, declaration or test shall
be required as qualification for any
office Of public trust than the oath to
support the Constitution of the United
States and the Constitution of the
State Of New York." does not deprive
power given by the same article and
section to exclude disloyal persons
from membership in this body.
"This constitutional provision was in
tended to be and is prohibition upon
the exacting of test OF religious, po-
litical or other qualification, cxtrane-
Gus in character to the essential qualifi-
cations for membership expressed in
the rule which we have adopted. Any
other interpretation would place an ut
terly indefensible interpretation upon
the language Of the Constitution, make
it impossible for members of the As
sembly, in passing up the qualifications
for membership in this body, to dis
charge the obligation of their own oath
to support the Constitution of the
United States and the constitution of
this state, and render this Assembly and
the government Of which it is. a con-
stftuent part powerless to preserve
itself. The Constitution cannot be
distorted into means of intrenching
in our legislative halls the foes of our
proof shelter from which the enemies
Of our country can launch their at
tacks.
."The plain purpose of the constitu-
tional provision under consideration Is
to prohibit the requiring or imposing
Of a qualification not in any way con
nected with eligibility or fitness for
any Office OR public trust under this
state: 1t was never intended as dec
laration that the disloyal and unfit, if
elected to the Legislature. must be ac-
cepted as members, nor to guarantee
an indefeasible title durings torm<of Of
fee to a seat in such body. to mem Der
whose disloyalty or unftness renders
his membership therein a menace to