New-York tribune., 1920-04-02
Block Declares Actio,
Violates the Constitutio,
and Appeal Will G
To Highest Tribunal!
''Notling Short of
Calamity''-Hugha
'SAnarchistic,' - Marsh I
Asserts; Proskauer az,
Mills Voice Profess 5

.. JOnn DlCCk, one or the attic.
neys for the expelled Socialist A;
semblymen, announced last nigt
that the Socialist party would iigi
the custer in the courts. 1t will h
carried to the state Supreme Cour
Mr.. Block declared, and, failing I
obtain notification of the Assem-
bly's action there, will be brough
before the Supreme Court of tn
United States.
Mr.. Block announced that the al
tcrneys for the expelled Assembly
men will hold a conference to-day
7 East Fifteenth Street, the Office
the Socialist party, to devise a pla
Of action.
He declared the action of the Az
sembly was distinctly in contravea
ton of the Constitution of tn
United States, since it violates tn
guarantee given to every state for,
republican form of government
Oversteppcd Power
The expulsion of The Socialist,
Mr.. Block said, on the ground
their political beliefs, is an actioI
beyond the powers of the Assembly
and, while t may be true that TN
Assembly is the sole Judge of tn
qualifications CT its own members
the Constitution gives it no powe
to base its judgment Of such quail
fications on the ground of politica
opinion.
Coincidently with the announcement
made by Mr.. Block, statements da
nouncing the custer were issued b
members of the committee of the NeJ
York City Bar Association who at th
beginning Of the proceedings agains
the Socialists were sent to Albany b.
the association to protest against III,
Assembly's action. Among those VIII
made statements were Charles X
Hughes. Louis Marshall. Joseph NJ
Proskauer and Ogden l.. Mills Morgan
j. O'Brlen, the Other member of III,
committee. was out Of town and coul,
not be reached.
Mr. Hughes regarded the action o.
the Assembly as nothing short of I
calamity" He declared that "thoa
who make their patriotism vchicl,
for intolerance arc very dangcrom
friends OF our institutions.
Mr. Marshall denounced the actioI
of the Assembly as IAN action OF an
archy, infinitely worse than anytnir
that has been charged up against III
Socialists
Mr.. Proskauer declared that the ac
tion Of the Assembly STRIKES a. thi
very foundation Of representative gov
ernment"
Mr.. Mills maintained thar nothing i
the record Of tho proceedings Justlfot
the expulsion Of the Socialists.
Peoples Rights Invaded
"The action Of the Assembly was n,
most unconstitutional ever taken II
the history Of democratic government
in the United States SAID Nj Block n
was ali invasion Of the constitutional
rights Of voters Of the five distric.i
the expelled A.scmblymen represented
as we'll as the five men themselves
They met all the constitutional quail
tlcatlons, and by no fantastic. conf
opera interpretations Of the Constl,G.
ton can any political party or partiei
stabhsh a censorship over the princi.
Piles and platform Of any other poli.ica
party.
"The voters alone are the censors
with the power TO approve or re ject
10 allow this action TO 90 unchallenges
would be tantamount TO acquiescing u
the establishment Of autocra-ic govern.
mert In the United States
81 do no. care TO speak of the actor
OF the Assembly IN a casual or flip,
pant manner said Mr. Hughes. II re.
gard 1t as serious blow al the stand.
ards of true Americanism and nothinf
short Of a calamity. Those who maa
their patriotism vehicle fer intoler
ance are very dangerous friends OF oni
lnstitutions ! expressed my views OF
TINS question at the outset and | hav,
seen no reason to change them"
Mr.. Marshall said: This is the sad
dest day in the history OF the State o
New York. If the precedent set hf
this action is to continue. il viii VIII,
out every vestige OF representative
government in this state. The actio d,
of the Assembly Is an action of an
archN, lnhnltcly worse thar anNthinl
that has been charged UP agains. IT,,
Socialists.
The men who are Responsible foi
this action are deplorably shors
sighted and committed TINS ontragi
without regard for tie future The,
did it. | am satisfied. for the sole pun
pose of furthering their own politica
ends. Ii this action Is permitted Il
stand IT means a return to he Middl
Ages. to that period in LnglIsh h's,o,I
when there WAS no conception Of rep
resentative government
Arbitrary Power Exercised
Mir. Proskauer's statement was. On
lection 70 the principles of the >ociA,
ist party cannot justify denial II rep
resentation to the electorate whicl
chose the Socialist Assemblylncn. III,
majority has exercised IN arbitrar,
power TO exclude minority wits
which it disagrecs. Such unpreeu
dented action strikes at the ven
foupdations of reprcscntat.v, governs
ment
Mr.. Mills said: ~ have read the en-.
tire record Of the proceedings yer,
carefully. and have read nothing ,hs,
IN my Judgment. justities the expuls,o,
OF tho Socialists. cannot consider TN
action OF the Assembly In attemrAinI