The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-04-01
Only Small Minority Vote to
Reseat Five Members.
VIII Appeal Case to State Su-
preme Court.
THEIR SEATS CANNOT Be FILLED
Voting Came After AlI-Night
Session of OratOry.
Theodore Roosevelt, Jr., Led
Defense Forces.

Albany. y. Y. April 1.-The five
suspended Socialist members of the
New York assembly were expelled to-
DAY on charges of disloyalty following
an alI-night debate. An individual
vote of expulsion was taken on each
member.
The five Socialists are: August
Claessens, Louis Waldman, Charles
Solomon. Samuel Orr and Samuel A.
Dewitt
Lieut. Col. Theodore Roosevelt led
the fight for reseating them. One of
two women members. Miss Margaret
L. Smith. spoke in favor of expulsion.
Speaker Thaddeus Sweet also took the
floor to urge ousting of the Socialists.
The vote on Solomon and Claessens
was 116 to 2S. The vote on Waldman
was 115 to 28 and the vote on Dewitt
and Orr was 104 to 40. Voting came
after twenty-five hours of oratory,
parliamentary wrangles and filibuster
ing.
Seats Cannot Be Filled.
Owing to the fact that'the men were
expelled after midnight on March 81,
there can be no special elections tol
fill their seats in the assembly unless
an extraordinary session of the legis-
lature is to be convened. Theodore
Roosevelt, Republican. voted against
expulsion, having argued with the as
sembly during the night that it had no
right to exclude the party. BY its ac-
tion the assembly established a prece-
dent as never before has entire
party delegation been elected from any
legislative body.
When the assembly adjourned, after
the seats of all five Socialists had been
declared vacant, it had been in con-
tinuous session % hours and 40 min
utes. The final chapter lacked the
thrills that many of the spectators had
expected Speaker Thaddeus S. Sweet
closed the debate at 1886 a. m. and
within two minutes the calling of the
roll had been begun in the case of
Louis Waldman.
Two WerO Present.
The constitution prohibits calling of
n special election to fill vacancies in
the legislature after April 1, unless
there is an extraordinary session.
Waldman and Solomon were in the
assembly chamber during the greater
part of the night listening to the de-
bate, The other three Socialists were
absent. AS soon as the roll call un-
seating Waldman was completed, he
left the chamber.
Solomon waited until the second roll
call on which he was expelled was
nearly thru and then left the building.
The move to oust the Socialists came
without warning on the first day of
taken the oath, Speaker Sweet sud-
denly called the five Socialists before
him and bitterly arraigned them,
charging them with various offenses,
and declaring their presence in the as
sembly was "inimicable to the best in
terests of the state and nation"
Majority Leader Adler then offered
n resolution suspending them until
their case could be heard. It was
passed with but two dissenting votes.
Public Refused Counsel.
Charles Evans Hughes and four as
association sought permission to repre-
sent the public at the hearing before
the judiciary committee but were de-
MED the privilege by Chairman Mar
tin. The committee, consisting of
thirteen members, was picked by
Speaker Sweet.
Early in the hearings. several at
tempts to reseat the Socialists tempor-
arily or quash the proceedings were
prevented by the speaker from com
ing to vote.
Among the charges made by the
committee were that the Socialists
were members of an organization (the
Socialist party of Amepica). constitut-
ing a conspiracy to overthrow the gov
ernment by force and violence and
that they individually and as a party
opposed the war and war measures
and that they were dominated by an
of which might contain a majority of
aliens.
Whole Party Charged.
The Socialists contended that the
constitution does not designs e loyalty
as a qualification for mem lership in
the assembly; that the Socialists con-
stitute recognized and legal political
party, and that their opposition to war
was merely passive.
Tens of thousands of words of So
cialist documents were read into the
record and the entire Socialist move
ment figuratively placed on trial.
The majority report recommending
expulsion of the five, was signed by six
committee members. Several minor
fly reports were filed.
Will Appeal Their Case.
New York. April 1.-The five ouste6
Socialist assemblymen will appeal i'm
mediately to the state supreme court
and. If necessary. will carry their case
to the United States supreme coGrt
S. John Block, associate counsel, saiC
today
Block said the appeal will be ar
ranged as soon as the Socialist attor.
neys can confer.