New-York tribune., 1920-01-19
Eleventh Hour
Fight to Seat
Five Socialists
Amos Will Ask Assembly
to Lift Suspensions Pend
ing Opening of Trial
i'll Albany Tomorrow
Predicts Reign of Terror
Strikes at Free Speech, Free
Assembly, Free Press and
Unionism, Leader Asserts

SiOlJ tOTTfspOHHcUCe
ALBANY. Jan. 18-Plans for the
trial Of the five suspended Socialist
members of the Assembly were dis
cussed at a conference here tonight
Of Charles D. Newton, State Attorney
General and counsel TO the Assembly
judiciary Committee. and his associate
counsel. John B. Stanchfied and Mar
lin W. Littleton. Archibald +. Steven
son and Samuel A. Berger, counsel to
he Lusk committee. also were present.
The Attorney General said he was
unab to sag if the special committee
appointed by the New York City Bar
Assoc .ation. of which Charles f.
Hughes is chairman, would be permit
ted to appear before the committee ex-
cept as counsel to the Socialists. This
committee was appointed to appear
before the committee of the Assembly
20 safeguard the principles of repre-
sentative government"
Committee Makes Rules
"The appearance of Judge Hughes
and his associates will rest entirely
with the committees" said the Attorney
General. Last week the chairman of
the committee, Assemblyman Louis NJ,
Martin, and Speaker Sweet declared
emphatically that the Bar Associations
special committee could not appear ex-
cept as counsel for the Socialists To
forbld their appearance in any except
his capacity the judiciary Committee
drai ted rules governing tn trial Of the
Socialists, giving to The chairman sole
authority 10 decide not only who might
appear be ore the committee. but the
testimony and evidence which might
be offered.
An attempt viii be made in the AS
scmblX tomorrow night to liberalize
these rules so as to avoid any criticism
OF unfarness on the part of the com
mittee
At the same time at least one mo-
tlon viii be made to reseat the Social
lsts pending their trial. Assembly,
man William c. Amos. Republican. Of
New York, declared he would so move.
adding that the unseating of the So
clalists was unfair and "a blow at the
very foundations of American insti
tutions"
The general opinion prevailing here
IS that the actual ira of the Socialists
Will not start on Tuesday. 1t is be-
heved that the constitutionality Of the
tire proceeding VIII be raised by op
posing counsel, and that the arguments
on both sides will take up the better
part of q day.
Senator Lusk on Hand
When the prosecution begins put
tlng IN the case it is understood that
me trst witnesses called will be agents
oI the Lusk committee and the De-
partment of Justice, who have been
invest tigating The activities of the
SOCIALISTS Several of these agents
were here tonight, as was Senator
clayton K. Lusk, chairman of the Iusk
committee
Numerous Socialists and former
members of the Socialist party have
been subpunaed by the prosecution.
ihroush them Speaker Sweet and
attorney General Newton expect to
SHOW that the Socialist party is "un-
american, and that it is mot a
poitica! party and that it is con-
SroiIed IN part BY aliens and minors.
An atOempt also viii be made TO
easten personal guilt on the suspended
Socialist A semblymon C.aessens, Orr Orr
A'e"ltt, Waldman and Solomon. Work
Gt the prosecution will be done by John
3; Stanchtield and Martin W. Littleton,
iney are Democrats, and were selected
Pfter EhhU Root and other prominent
Republicans refused to act as counsel
70 the Assembly Judiciary Committee.
The committee is row casting about
tor an up estate Republican to aid
Stanchiield and Littleton.
Littieton was one of Governor Sui
zer's counsel IN the impeachment pro
cceedlngs brought against him, and
otsnchheId also is familiar with pro-
cedrres here, having been a member
Of the Assembly for several wears.
Later he was candidate for Governor
on the Dem ocratc ticket.
Charles f. Hughes and associates
VIII arrive here tomorrow. With Mr.
Hughes on the committee are Morgan
j. O'Brien. Ogden L. Mills, Joseph NJ
Proskauer and Louis Marshall.