The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-01-22
up TO VOTERS,
NOT ASSEMBLY,
Democratic Legislator Comes
Out in Favor of 0uSted
Socialists.
GERBER PUT ON STAND
(6Y w. C. sHEPPERD0

1
the unseating OF five socialist assem-
blymen, produced one friend for the
socialists today, William S. Evans. n
| democratic member from the Bronx
| Before the taking of testimony
against the socialists began. Evans
handed to Chairman Martin a
| lengthy statement in which he said
nc dissented from the rulings of Mar
| TN against the discontinuance of
| the proceedings.
Will consent that this be entered
on the minutes" said Chairman Mar
| tin.
Evans said: I'm not trying to
r"'se row here, but / think these
proceedings are all wrong and tn
we are gong too far in trying tb =
men on the charges that have 5.
brought up here. don't belle,
are within our rights in doin, e
Is now under way. | couF #
any other members of the 9 zee
to feel as | do, however"
The five socialist M : ex-
pressed delight at Evans - lde.,
William S. Evans. de- / mem
Der of the judiciary G : Gee filed
statement with Ch& n Martin
IN which he insisted that the as
sembly could not apply a loyalty test
to its members. He declared that
such tests were to be employed bv
voters who elected assemblymen. but
that the assembly itself had no power
to apply this test.
I have a strong objection to sus-
pending or eXpelling these men on
unconstitutional grounds" said
Evans, His dissent was filed.
julius Gerber was the first witness
called by Mr.. Stanchfeld who asked
him to produce the constitution of
the socialist party, of which Gerber
is an official From this constitution
Stanchtield' read the clauses having
to do with eligibility in the socialist
party.
Evans Statement.
Assemblymen Evans said in part as |
follows:
Il desire to be recorded as dissenting |
Ircm that ruling Che reiusaI 10 als- |
miss the proceeulngs), upon the ground |
tHdt the assembly mas no constitutional |
nor statutory power TO suspend or expel |
uuly-eIected member upon amy ground |
otner than that specified IN the consti- |
tuition OF the state
III those tive socialist assemblymen |
are dlsloyal traitors, spies or enemies,
the responsibility Tor their presence mere
IS the people S, not the aSumbly's. The |
uuty and power to uIsquallty them Oh |
those grounds is the people $ and not |
ours, tor the people never delegated |
such power to the assembly.
Il deem the principles OF the most |
vital Importance to tne existence anu |
survival OF representative government.
Ihe gravity OF the charge against the |
nVe socialist asemDymen must not be /
AlloWeS to overshadow these principles. |
"a ~ Constituents Knew.
lne CONSTITUENCIES OF the five men |
under investigation elected them with |
full knowledge of the present charges |
that to be the fact in at least two
Instances, that OF MI Orr and Mr.. /
Dewitt, | have personally charged them
with this precise disIOyany before their
constituencies, during the past two
years. Mr.. Fertig and Mr. Mullen, for
mer members of the house, likewise ac-
cused them before their constituencies.
Yet they have been returned to us ana |
we must in law, seat them.
TO maintain our form OF government |
we must rely absolutely ON the cleo
toratc, the majority OF the electorate, to
send to the assembly men who from our
viewpoint our loyal and clean, and
we must hope that the ma aioritv Of |
the electorate will never fail in that re-
spect. If, In that respect. the majority
OF the electorate ever fail, then our
government must fail. There is no
other alternative.
majority, never yet has failed in that
respect. 1t is my hope and belief that
Jhey never VIII. In that ideal only lies |
the salvation Of American institutions.
Though the assembly has the naked
power to suspend or expcl and its
decision is final. in the sense that no
appeal 'lles TO any tribunal from the
direct act of expulsion or suspension
the use Of such power and its exercise |
or assertion that such power is a law
Fgf lou .t,,..s
sentative government and a fatal one.
for these reasons | am compelled to
dissent from the ruling of the chair.
~ Difficult Gross Examination
The feature of the first Interrogation |
OF witnesses I'm the trial was the dim |
Culty OF Morris Hillquit. attorney for
the socialists. experienced In trying TO
bring out, through cross examination
OF julius Gerber. the nature Of the so
claItst party Chairman Martin ruled
mat HilIquit was introducing new mat
toning
But must show the nature Of our
party" insisted Hillquit
1T Is charged here thar II is not
really party, but a great secret or
Eanization cloahng sinister designs
and ! must combat that charge"
shouted Hilquit
You can do it ~ the proper time
and in some other way" said Martin
but you arc violating the rules OF
oss-eNamination, and must stop
you"
At this point IIillquit approached
Chairman Martins desk and yebe-
mently shaking his nst. said:
Every day wrong impression Is
going out 10 the world from this os-
semhly chamber in regard 10 our opin-
ions and beliefs. our real Judges
here. these newspaper men. v-io rep
resent public opinion. arc not being
allowed TO hear what w have TO saw
and prove in our own behalf This
whole thing Is improper and misleading
and we must protest against IT,"
Threatens 20 Bolt.
Albany. y. Y. Jan. 81 rorual no.
ticc was served on the assembly u-
dietary committee this afternoon hv
Morris Hilquit. counsel for the Eve
suspended socialists. that the social
fists would refuse 10 continue as par
tcIpauts IN the hearings on their quail
idcliious 10 sit II the committee con
iuues 10 curtau our rights"
We do not wish "a appear here av
s1ffswuco or by favor of the committee
as counsel for th- ---u1-- tee has ro-
roatod'v stated" declared Mt HI
quit during sharp debate ON admls-
s,biHr Of evidence from witnesses
called by the state.
we do not propose to he her. ON
such status" he said we have no
intention Of stavIug here SO long ag III
suits The other side. Gentlemen OF the
committee. mai. up your minds now
mat h you continue 90 rur'aU our
rights We win not stay. We do NOT saj.
'hai courtesy or favor from the COM
uafte.."