The New York herald., 1920-01-22
COMMITTEE DENIES
MOTION TO DISMISS
ESPECIAL DESPATCH TO THE HERALD


ALBANY, n. Y. wednesday.-Mr. Mar
tin. chairman of the Judiciary Committee
opened the morning session by announcing
that the committee had denied the motion
made by Mr.. Hillquit to dismiss the entire
proceedings. Mr.. Hillquit insisted upor
knowing whether the decision was unani-
nous, but the chairman declined to state
Mr.. Martin said -
"The motion of Mr.. Hillquit that the pro-
ceedings before this committee be dis
missed and that the committee report to
the Assembly recommending such dismis-
are without warrant in the constitution
or statutes of the State. and therefore
are illegal and void. is denied. with an ex-
ception for Mr.. Hillquit."
Gilbert L. Roe, of counsel for the Social
lists, took up the argument on the consti-
tutionality OF the proceeding. He pre-
sented his motion as follows
'T move this committee forthwith re-
port to the Assembly that the proceedings
on January z. by which said Assembly
assumed temporarily at least to dlvest
the said Assemblymen of their rights in
said Assembly, and by which they were
Assembly, were and are wholly illegal
and void, and for that reason this COM
mittee and the Assembly are without juris-
diction to proceed further i'm this inves-
tigation until the excluded Assemblymen
are restored to their rights as members
Of that body"
Arguing his motion, Mr. Roe said -
'If the exclusion Of the five Assembly
men from the floor OF the Assembly was
ott
bers of that body and are entitled to speak
and vote and function in every particu-
lar the same as all other members OF that
body.
While this proceeding is in form one
before committee Of the Assembly. this
committee Is but the hand of the AS
sembly. 1t is idle to say that they, five
men, can come before this committee IN
the guise of defendants as accused and
take part in these proceedings so long as
they are denied the fundamental right 70
take part in the proceedings of the AS
sembly where this investigation originated.
where the report Of this committee must
return and where in the meantime Il is
open TO the Assembly to take such action
regarding IL as may seem fit
"If the exclusion of those men from the
Assembly was unlawful you have no more
right to put them on trial than court has
to lock out OF courtroom a defendan nj
and proceed in his absence to render i,,dg-
ment against him. That is our position
If the proceeding by which those men
we're excluded from the Assembly was an
Illegal proceeding. then the power that ex-
cluded them was not the power of law but
the power of violence.
John r. Stanchfield, counsel to the COM
mittee, said that the motion pending was
precisely the same motion in nature and
and substance as was made be-
fore the committee on Monday and then
argued and decided.
There may be some difference they
may like to elaborate on. Proceed, Mr..
Roe" Mr.. Martin said
ut was stated by one OF tho distin-
guished counsel upon the other side that
the right to expel necessarily included the
right to suspend" MIR. Roe continued. 'T
cannot understand how counsel would
make that statement except as a result of
having failed to look at the authorities
The argument that tho greater includes
The less has no possible bearing here. The
motion to suspend Is a power exercised
upon one state of facts In one manner.
Ind to accomplish one result. Expulsion ia