New-York tribune., 1920-01-27


She association named to "safeeuard
me principles of representative gov
ernment" s"'
Denied the privilege of appearing
before the Assembly Judiciary Com
mlttee which is trying the Socialists.
MI hughes and his associates resolved
to present their case in the form of
memorial This document declares that
'ne question involved in the suspen-
SION of the Socialists is vital "to the
security of the Republic" The memo
rial is signed by Mr.. Hughes and the
tour other members of the committee
Morgan j. O'Brien, Louis Marshall.
Mills. IT,
Text of the Memorial
The memorial follows:
TO the Honorable the Speaker and
the Members of the Assembly.
me undersigned as a special COM
mittee, appointed pursuant to resolu-
tlon adopted by the Association of the
Bar of the City of New York at its an
nual meeting, held on January 13, 1926.
respectfully present this memorial:
ne resolution of the Association of
the Bar instructed this committee TO
appear before the Assembly or its Ju-
dietary Committee and take such action
as may IN their judgment be necessary
TO safeguard and protect the principles
or representative government guaran-
! teed by the Constitution, which are
involved IN the proceedings now pend
! ing.
AT the first session of the Judiciary
committee in this proceeding we asked
leave TO appear and to be heard in
compliance with our mandate. We
stated that we did not represent the
members under suspension or the So
cialist party, and that we had no sym
pathy with the aims of that party. We
sought to appear solely as the repre-
| Sentatives Of the Association of the
Bar of the City of New York and in
the public interest, in order to place
oeiore the Judiciary Committee con-
| slderatlons which we deem to be of
fundamental Importance. We respect
fully suggested that, in view of the
gravity of the questions involved and
the serious consequences which might
follow any detection from sound CON
! stitutional practice the judiciary Com
mlttee should at once consider the
| present status of this proceeding and
the immediate measures which are re-
CURED IN the light of the constitu-
tlona! rights of these suspended mem
bers and of the constituencies which
they have been elected to represent
Denied Hearing by Judges
The judiciary Committee, through
| It's chairman. declined to permit us to
appear or be heard, stating that no one
could appear or be heard in argument
except those who were counsel for the
JUDICIARY Committee or for the sus-
pended members. We then stated briefly
the course of action which we believed
should be taken by the Judiciary Com
mlttee. and. being denied any further
opportunity to appear or be heard in
the public interest, submitted
written statement of our views and our
supporting brief.
We now deem it to be our duty to
present this memorial, to the end that
we may bring before the Assembly the
vital issue here involved and the ex-
rene Importance of immediate action
on the part of the Assembly resembling
It's resolution of suspension and pro
vlding for the hearing of charges, if
proper charges are laid, in accordance
with due process.
I'VE believe that the following facts
are undisputed:
''GD That the members under sus-
pension were duly elected to the As,
sembly.
"l2) That when these members ap-
reared with their credentials they were
admitted TO take the oath of office and
that they severaly took such oath and
were admitted 70 the privileges of the
Assembly.
"(3) That having taken the oath and
having been admitted to all the privi-
eges of members Of the Assembly they
Speaker and otherwise acted as mem
bers until their suspension.
Suspended Without Chance to Speak
"(4 That. after having taken the
oath and having been admitted as mem
bers of the Assembly they were sus-
pended and denied the privileges of
their seats without hearing or op-
portunty to be heard
90 That prior to said suspension
there was no charge against these
members, and there is no charge pend
ing against them that thev were not
duly elected, or that they do not pos
sess the qualifications prescribed by
the Constitution, or that they are not
OF sound mind, or that they have not
taken the constitutional oath of Office,
or that they have been convicted OF
any crime, or that they have commit
ted any overt act constituting crimi-
nal offense, or that they have been
guilty of any violation of law, or that
they have been guilty of any miscon-
duct while members Of this Assent bly,
"(6J That by reason of their suspen-
sion these members have been denied
all tne privileges OF tnelr seats.
"(7) That by reason of the suspeh-
sion of these members, there are five
districts of the state now in effect
without representation in the Assem-
bly,, that there are no vacancies that
can be filled by election or otherwise,
and that this denial of representation
will continue as long as this inquiry
lasts, which may be until the end Of
the legislative session.
Committee Submits Conclusions
I'VE submit the following propositions
as abundantly supported by reason and
precedent:
"First-That the power of the As
sembly under the constitution to be the
judge of the qualifications of its own
members is not an arbitrary power. but
is to be exercised as a prerogative in
accord with the fundamental concap-
tions of due process and the essential
principles of representative goverS
ment
Second That all questions as to ,ne
existence of disqualification in the -ase
of q member elect are properly pre-
sented before he is admitted to mem
bership in the Assembly.
"Third-That after the oath has been
administered to the member, and he