Evening star., 1920-02-12
EXPEL SOCIALISTS,
COMMITTEE URGES
Holds They Are Revolution
lists in Brief Summing
Up Evidence.

ALBANY, N Y, February 12.-In a
brief which summarizes the evidence
introduced by the prosecution at the
hearing by the assembly Judiciary
committee regarding the qualifica-
tions of the five suspended socialist
members. counsel for the conmittee
declare that the men under investi-
cation have disqualified themselves
from taking the constitutional oath
of office; that they are members of a
revolutionary party and that 1t IS
the duty of every member of the as
sembly to eXpel them from that body.
After the assembly judiciary commit
tee yesterday denied preliminary mo-
tions to strike out certain evidence and
to dismiss the charge on the ground of
insufficient proof. counsel for the sus-
pended asEemblymen obtained adjourn
ment until next Tuesday. and today be-
gan getting their own evidence lined up.
Counsel have announced they will call
a score of witnesses in addition to the
defendants themselves. The defense is
preparing to get before the committee a
long exposition of socialism. Stress will
be laid on the claim that the socialist
party has within the last year rid itself
Of radical elements for whose acts and
utterances the defenSe asserts 1t is being
blamed.
Meanwhile a brief prepared by the
prosecution summing up evidence it has
press.
Cantentiens In Brief.
THE Ave assemblymen," says the
brief. by pledging themselves as men,
bers of the socialist party not to vote
to appropriate moneys for military or
naval purposes or war; disqualified
themselves from taking the constitu-
tional oath of Office as assemblymen,
and the oath as taken by them was
false. {, ss-- -s.s,-l ls ..+7sz- q s.s-f.5
The promise of .sthe socialists. not
70 vote for any military or naval. ap-
preparations or for war. was as much
in conflict with the federal Constitn-
ton as with the state constitution. and
disqualified them from taking the Of
etitution and rendered the oath as
taken void.
The five assemblymen by their
promise to take directions from the
dues paying members of their locals
or their executive committee in all
matters arising in the assembly, in
cluding their vote for all appointees
and oficials chosen by the legislature;
to vote az a unit with all other mem
bers of their party on all occasions
and to place their designations in the
hands of the dues-payfng members to
insure the performance. of their
pledge, abdicated their function as
cSseHuiy iiieH diiu uiSQuduHeu. themselves
from taking the oath Of office.
'The socialist party is a revolution
airy party. having the single purpose
of destroying our institutions and gov
ernment which they abhor. and SUBJ
stituting the Russian soviet govern
ment. or the proletariat government
instead. to be controlled by them
selves. This appears from their plat
forms and propaganda.
Mass action and the general
strike are advocated and urged by
the socialist party as a part of the
plan to bring about conditions favor
able to revolution and as instruments
of revolution. and not to remedy in
dustrial evils.
The five assemblymen stand square
ly with their party for the overthrow
of our government. Three of them
Claessens, Solomon mad Waldman-
avowed these doctrines as candidates
for the assembly.
The five assemblymen. by their
pledges and speeches, have rendered
themselves amenable to the terms
of the espionage act and should be
convicted under Its terms"