The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-03-30
Five Suspended members of N.
Y.sAssembIy Indicted.
Senate Committee Recommends
Socialists Be 0usted. -.
ENTIRE PARTY is CHARGED
Majority Report Declares
Socialists Are DisloyaI to Z. S.
Cannot Be Tried, Acquitted or
Convicted, Says Minority.

Albany, N. Y, March 3e.-The five
suspended Socialist members of the
New York assembly were declared dis
loyal and unworthy Of their seats in
the ma jority report of the judiciary
committee, filed today
A minority report, filed by William
s. Evans. one of the thirteen mem
hers of the committee, asserts that
while the five Socialists have been
proven disioyal, the assembly has no
constitutional right to prescribe loyal
ty a IS a test of eligibility for its MEM
bers, and urges that they be reseated.
Regarding evidence tending to show
the Socialist party is rev, lutionary
body, Evans says: I'VE cannot try
and acquit or convict the Socialist
party" -a5.--~-- p.
Wants Seats Vacated.
The majority report recommends
that the assembly vote to declare va
cant the seats of the five men-Aust
Claessens, Louis Waldman, Charles
Solomon, Samuel A. Dewitt and Sam
uel Orr. 1t holds that all charges
made against them on the opening
day of the session have been fully sus-
tained: that the Socialist party has
been proven to advocate force and vfoz
lence for overthrow of the United
States government. and that the
American Socilists are in full accord
and sympathy with the Russian soviet
government.
Further, the majority report urges
legislation, which would in effect, pre-
vent the Socialist party from occupy
, ing place on the official ballot.
This recommendation reads:
Tho Majority Report.
I'VE recommend that appropriate
legislation be enacted to the end that
hereafter no party, group or political
organization in which aliens are ac-
ceptable as mem bers. or whose prin-
ciples, policies and program are re-
sponsive- or determined by an organiza-
ton, national or state, composed of
persons not members of the electorate
of the nation or state shall be privi-
legged to occupy on the official ballot
of this state the position of a political
party
The Socialist party is held to be
disloyal in every way Emphasis is
laid on the fact that in 1917, after the
cialists adopted a platform opposing
war and allegedly engaged in a -sys-
tematfc effort to further the claims of
conscientious ob5ectors
Indict Whole Party.
l.. Taking up evidence tending to show
that Socialist m EN- bers of the previous
tassembly voted against appropriations
sfor the militia, the report declares it
Els part of tile plan of the Socialist
government and substitute the gov
eminent of the proletariat. as fully
appears hxe their propaganda"
| Continuing, the report says: There
is but one Inference from the position
of the Socialists in relation to military
and naval appropriations and war.
They would render the country and
government helpless against. all enc
mics, so that it. would be helpless
against them, the enemies OF. estab-
lished order"
Second Dissenting Opinion.
A second, dissenting opinion was
filed by Assemblymen William Pellett
and Theodore Stitt, Republicans. They
/ held that while the evidence disclosed
that Socialists. both as party and as
| individuals. refused to render the gov
eminent any service during the war,
there was nothing to show their atti-
tude was other than negative and that
the suspended men should be reseated
| They declared the legislature can
not prescribe membership in a, politi-
cal party as a condition for voting or
holding office. but maintained in this
regard that the Socialist party has
| been recognized as a bona fide politi-
cal organization for years. Both adj
mitted the. right of the assembly to
expel it's members and that its action
is final.
The third dissenting opinion. was
| filed by Maurice Bloch, Democrat
His stand was similar to that OF Pei
| lett and Stitt regarding the evidence
but he held the assembly cannot fix
| loyalty as a test for membership.
| Assemblymen Rowe, Republican. did
not sign the majority report but wrote
| a concurring opinion. He held that
the five men and the Socialist party
haye been convicted of disloylaty.
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