The New York herald., 1920-01-27
Continued from Page one.)

these privileges pending inquiry, but only
upon being expelled in case proper charges
have been sustained atCer hearing.
"Sixth.--That when \ member-eiect pre-
serts himself 10 take the oath OF office,
he cannot be denied the privilege of taking
II, or after the oath has been taken. II
cannot be denied adequacy, merely be-
cause OF any alleged opinion, state OF
mind or intent, claimed TO be inconsistent
with the oath.
SEVENTH-rhat, mindful of the lessons
OF history and as u safeguard or political
liberty and representative institutions. IL
was expressly ordained by the pepole in
the Constitution OF the State that no other
oath, declaration or test, save that set
forth in the Constitution. should be re-
quired as a qualification Tor office of pub
lie trust, and the Assembly has no authority
To establish many tset OF layalty or politi-
cal principle as a qualification OF member
ship in addition 10 the prescribed official
OATH
EIGTHThat it is OF the essence of repre-
sentative Government that no member
shall be Xepelled from the Legislature or
deprived OF the privileges or his seat
merely because OF political opinion or
aftiliation with political party, in the alb
sence of any proved violation OF law on
his part or OF misconduct as member
of the Legislature.
NINTH-That it is ESSENTIAL TO the Sc
curity of the community and TO the main
tenance of law and order that the peace
ful means OF political expression through
the ballot box and representatives in legs-
lative assemblies should not be denied or
constituencies disfranchised because Of
political opinion.
"Tenth--That it is of the essence of
the institutions of liberty that it be recog-
nized that guilt is personal and cannot be
attribute dto the holding of opinion or to
mere intent in the basence of overt acts
that a member elected to the Assembly is
entitled to the benefit of the presumption
| of innocence and that n member of the
Assembly duly elected, being of unsound
mind and possessing the qualifications pre-
scribed by the Constitution, cannot prop
erly be expelled or denied the privileges
/ of his seat except upon charges duly laid
and upon proof duly taken of personal
misconduct as member of the Assembly
or of the commission by him of some
act constituting a violation of law.
"Eleventh-We dee nit important that
this vital issue, the proper decision OF
which is essential to the security of the
Republic. should not be obscured by the
reception of testimony. statements or dec
| larations as to matters here or abroad
in the attempt to indict a political party
or organ alton, without first layinc
proper charges with proper specifica tions
directly connecting the members accused
with personal and guilty participation in
| illegal acts.
For these reasons we respectfully urge:-
THAT the resolution Of suspension
adopted on January T. 1920, be rescinded
that the members under suspension be al
once restored to their seats and to their
rights and privileges as members Of the
Assembly: and that If it is then desired tC
present charges against them of any per-
sonal misconduct in office or of any viola
ton of law. such charges shall be properly
formulated, and that until such charges
properly laid have been established by
proof. after due opportunity to be heard
these members shall enjoy all the privi-
leges of their seats in recognition Of their
own rights and OF the rights OF their con-
stituencies."
Blocks the Reading.
1.-THE report will be printed as a public
document" Mr. Sweet ordered. Bang
went the gavel. Mr.. Amos tried to pro-
test. He wanted the report read.
''It can be read IL there are no objec-
tions." the Speaker ruled. Several mem
bers roared the necessary objections. Mr.
Amos tried to start a debate and asked
the Speaker If he ever reversed his ruling
| THE chair is always willing to reverse
himself when he is wrong and then after
a moments pause he glared at Mr.. Amos
and shouted. but he never reverses him.
self when he thinks he is right"
| The Republican members applauded.
| The avalanche OF resolutions then began
to descend. Mr.. Ames handed UP several
the purport OF which was TO rescat the
Assemblymen. All died under the mot
priviledged" rulings of the Speaker. Next
Mr.. Ames tried to get before the House
a resolution presented last week also
/
notice in writing as the rules prescribe
He and the minority were confident the
Speaker could not override that motion.
| Simon l.. Adler. majority leader and the
Speakers first aid, was on his feet in
a second.
! II am forced to contend that the gentle
mans motion is an amendment to the orig
inal motion and therefore cannot be
brought up" Mr.. Adler explained. calmly
Mr. Ames appealed from the decision OF
the Chair. That forced a vote
The Speaker called for a rising vote
The Republican majority stood almost to
n man. They numbered more than two
thirds of those present. On the negative
side barely a score OF Assemblymen rose
Evidently realizing il was waste OF time
some of the minority members did not
vote. Assemblymen Block, Pellett and
/ Evans. who are members of the Judiciary
Committee, again voted with the minority
There was no DETECTION from the Repub-
lican side.
Ruled Out of Order.
! Assembyman Block tried TO get before
the House his motion instructng the Judi
ciary Committee to summon the Speaker
attorney General and Senator Lusk. Tha
was ruled out of order.
Rising to a question OF privilege, Assem-
blyman Steinberg, Republican, of New
York. requested permission to answer
statements which he said reflected "or
Charles T.. Hughes character and patriot
ISM" as made in n debate last week by
lAssembyman McCue.
Mr.. McCue charged on the floor Of this
House that Mr.. Hughes is not patriotic
that when Il was believed he was elected
! President pro-Germans In his district al
| celebrated" Mr.. Steinberg said. II de.
mand that the Assembly condemn those
statements and expunge them from the
record. Mr.. Hughes came here not de-
Tending Socialists but to speak for the Bar
Association and the public. and there was
no occasion for such insinuations against
| his name as was made here. The pro-
Germans supported Wilson, not Hughes
and Mr.. McCue and every one else knows
\ that"
II have suspected for long time that