New-York tribune., 1920-04-01

'cal party under the laws OF this State
and has been so for more than twenty
years. 1t has elected members to the
Assembly in the previous years and tho
right OF those members to their seats
has not been questioned. The consti-
tuition and rules of the party. which
have been put in evidence in this pro
cecding, always have been open to pub
nc inspection. Its political activities
have been carried on in conformity
with the law OF the State. In every
legal sense it has been political
party and is a political party to- day.
No Right in Expulsion
This Assembly has no right to expel
a member because he is "a member OF
political party. This proposition is
unqucstioned and ncontrovertibc
10 Justify the expulsion Of these
men 1t Is argued that the Socialist
party is a conspiracy to overthrow the
government by force and Violence The
charge is that the Socialist party,
though legally functoning under the
recognized laws Of this State. is an
organization whose members are un-
fit to hold public office in this state
by reason Of the seditous and traitor
Gus activities in which the organization
IS engaged and because it IS CON
| spiracy to overthrow the government
by force and violence. Briefly stated
the Socialist party is charged with dis
loyalty to the government.
betorc considering the evidence VIC
must determine what kind pf evidence
IS proof of disloyalty. To prove dis
LOYALTY We must prove either the overt
act of force and violence, or we must
prove that the penal laws and statutes
defining and Furnishing traitorous and
sedltlous activities have been violated.
10 add any other tes. would be to sub
stItute opinion for law. Such a prin-
ciple once established would endanger
and may destroy representative gov
ernment. 1t is the basis Of lynch law
and mob rule. We arc free people
because we are government of laws
and not Of men.
There is no evidence in this case
that the Socialist party has violated the
laws of this state or OF the nation, re-
latlng to treason of sediton. There is
no evidence that the Socialist party
has committed an overt act Of force
and violence.
"The evidence does. however, sub
stantiate serious charges against the
Socialist party. Some Of these con
Germ provisions of the constitution Of
the Socialist party now brought to
public notice for the first time. Legis-
lation should be devised to correct this
situation and to provide that no po-
litical party with provisions such ns
these in it's constitution can have
place upon the official ballot.
Gave No Aid in War
Another class of evidence relates
to the program of the Socialist party
during the war. 1t gave no voluntary
aid or support to the government and
declined to render any service that the
law did not require It's conduct and
the conduct of its leaders merits the
severist condemnation by patriotic
Americans. The manifestoes of the
party, the declarations Of it's leaders
and the party press have expressed
sympathy with forms Of government
antagonistic to ours.
"This evidence and evidence of this
character produced against the Social
degree Of disloyalty which we must
prove for our own protection and in
order to prescribe the party and rem
der it a political outlaw, does hold up
the party and the party principles to
the reprobation of all patriotic citi-
zens."
The debate proper was opened by
Assemblyman Louis NJ. Martin, chair
man of the Assembly Judiciary Com
the Speaker that the debate should be
| limited to fifteen minutes and said he
hoped that he would not be restricted.
He reviewed the majority report at
length, speaking for two hours.
/ In answer to the oft-repeated con-
tention that the Assembly cannot go
behind the oath Of office taken by
man Of that body, he said:
''If you couldn't go behind the oath
a man could come in here reeking with
crime and would be purged of anything
he had done or was guilty Of. We of
the maj jority do not hold to that, for
it does not go into essential qualih
I cations, and in that we are sustained
! by precedents in Congress and in this
state, notably the sulzcr. case. whefc
removal from office was for acts COM
mitted before they took the oath Of
Office
lie said that he had no quarrel with
Socialism, but with it's GROUP Of for
egn leaders"
"If the five men on trial are not in
hearty accord with our government and
institutions,' said Martin in closing,
"there is only one thing to do. If
this Chamber
Riotous Scenes Enacted
1t was before Martin rose to speak
that the riotous scenes were enacted
in the Assembly.
Some Of the members Of the House
wanted the minority reports read in
their entirety. This was after Speaker
Sweet announced that only the con-
clusions of the majority and minority
reports would be read.
"No," said Assemblyman Maurice Il.
Bloch, of New York, eve have sat eight
weeks on this case and we can we'll
afford to take a few more hours to-
day. Moreover, the copies Of the ma
jority report were not on our desks
, to-day, at least not on the desks Of all
the members"
Sweet questioned this. Miss Z. Gil
members, said they had not received
the reports.
Minority Leader Do, ohue insisted