The New York herald., 1920-01-20
Continued from Page one.)

legal and that the Socialists be reSeate'
pending final decision.
The Speaker -rIeG. all three resolution
out OF order 80 not privileged. He hell
that the only way to get the subject in th
resolutions before the house was by with
drawing the original motion.
Assemblyman j. Fairfax Mclaughlin
Democrat, OF the Bronx, moved to exclude
he Attorney General from prosecuting
the case against the Assemblymen. Aftel
a long wrangle of parliamentary rules, th'
Speaker permitted discussion of the mo
tion. Assemblyman McCue, who las
week criticised his Democratic associates
for changing their votes said that IT was
time the ASsembiymen be heard so there
could be no more talk about the Iron
rule OF the Speaker" Mr.. McCue ap'
pealed from the decision of the chair to
silence Mr.. Mclaughlin. The Assembly
alone is clothed with power to judge the
fitness of its own members, MI. NC
Taughlin said. He objected to calling IN
the Attorney General to conduct the case
for the Assemblymen.
saThe Attorney General is elected and Is
the natural legal adviser of the Assem-
bly," Mr.. Cuvillier said speaking on the
motion to appeal from the chair. In the
Cohalan trial a Democrtic Attorney Gen
eral was counsel; in the Aids trial a Re-
publican Attorney General and in the
StillweIl case a Democratic Attorney Cen
eral. l am tired of the men with spine
less backs who sit here and vote the way
they think they ought to one day, and the
next day, after they have heard from the
press, come back and vote another way
IL these Socialist Assemblymen are guilty
of disloyalty as charged they ought mo-
10 be expelled--they ought to be shot"
Applause and shouts of approval iron
the Assemblymen greeted this, and Mr.
C'uvillier continued But if they are in
nocent of the crime with which they arr
charged. no man in this chamber Will vote
10 reseat them quicker than will
Il would like to know as point of in
formation whether the gentleman who
advocates shooting of the Socialists is {
member of the Judiciary Committee anc
will sit as judge at their trial?' Mr.
Amos asked. LShouts from the crowded
galleries.1
Not content with trying TO get into the
spotlight six days a week, Mr.. Amos
breaks the Sabbath by making speeches
Sn churches denouncing the upstate AS
sernblynnen and calling them hayseeds,'
Mr.. Cuvillier retorted.
Denies Making Statement.
THAT is not true. 1 never made such
"a statement" Mr.. Amos answered. Il de-
rnand to know whether the Speaker be-
fieves that man who makes such state
ments is fit to sit on the Judiciary Com
plause from the galleries. Then the ques-
ton was raised as to what Mr.. Cuvillier
had said about shooting.
The Speaker repeated the statement as
he recalled il, and his quotation was ques-
toned in many quarters of the house
The stenographer was directed to read the
minutes.
Mr.. McCue objected to Mr.. Cuvilier be-
ing permitted to make any more speeches
ahd finally to end the debate withdrew
his motion to appeal That ended the dis
cussion Two or three other moves were
made to open the entire subject Tor a Tree
FOR all debate but the Speaker held firm
jy. The last attempt to upset the Assem-
bly, action had failed.
Morris Hilluuit expressed the decision
reached in the socialist councils not tc
submit 70 Terrorism or browbeating.
His threat to withdraw entirely from the
ease with his clients surprised the Assem-
bly, leaders.
1.-The Assembly cannot compel the five
Socialist members to appear as defend.
ants" Mr. Hllquit said. I'VE shall not let
the Judiciary Committee terroriZe us. Nor
viii we be a party TO a mock trial If there
IS any indication OF high handed proceed
sings; VIC will make our appeal to the courts
and to the higher court of public opin-
DON"
Threatens to Withdraw.
~ answer IDaI threat the state s
counsel stated that there can be no appeal
from the act of the Assembly. That body
Js the unqualified judge of its action.
Asked If he meant that he his associate
counsel and the five Assemblymen clients
would withdraw If they believed the trial
was unfair. Mr.. Hillquit said THAT is
precisely what 7 mean We shall do all in
our power to give the committee of the Bar
standing and afford those gentlemen an
opportunity TO present their view of the
case" He said also THE Judiciary
Committee. as ! understand II. is the sole
Judge OF its own procedure. The rules of
the Supreme Court were adopted but with
significant addition. vesting in the chair
man OF the committee arbitrary power re-
earding the admission or exclusion of evil
dence.
III the committee adheres to the rules
az evidence provided by the Supreme Court
no such irrelevant matter as has been dis
cussed in the newspapers for the last two
weeks can posshl, be let in Under those
rules they would have 70 formulate charges
and proceed strictly within those charges
We shall proceed with the case on the
presumption that the rules OF the Su-
preme Court will be applied.
I'VE will offer objection when evidence
that we regard as irrelevant is introduced.
~ we would II trying a case in court. If
we are oyerrulcd we viii be confronted
with the alternative of either stibr1itting
u arbitrary ruling "r else withdraw from
fhe case. We expect a fair trial"
The Socialists have n corps OF secre-
taries, press representative. and stenog-
raphers. They are nearly all in suites
at the Ten Eyck reservations having been
s.HGe for them. II is understood their
expenses are being met from tho fund
yaised to help them defend the case.
After an all day conference John B.
Stanchfield, Martin w. Littleton and
others of the counsel for the State said
that they had no statements to make.
They went over evidence presented by the
States agents.
The Socialist members said tonight after
careful canvass Of the situation. that they
were confident they would get a "fair
deal" from four of the thirteen Assem-
blymen sitting in the Judiciary Commit
tee. The four named are Mr.. Teflett Re
publican, and Mr.. Black. Democrat of
New York; Mr.. Stll. Republican, of
Kings. and Mr.. Evans. Democrat of the
Bronx.
Socialist gent Arrives.
Demanding that the trial OF the sus-
pended Assemblymen proceed tomorrow.
counsel for the Socialists arrived this even
ing and at once went into conference a,