The New York herald., 1922-07-15
Rand SCHOOL Loses
in SUPREME court;
=LUSKLAW TUPHELD
Appellate Division Holds
Acknowledgement Is En-
titled to Injunction.
ACTION TO BE RUSHED
Institution Must Get Ap-
proval Of University Of
State Of New York.
GREENBAUM DIssENTs
Hillquit Says Decision Sweeps
Away Safeguards Of Free.
Press and Speech.
GREENBAUM DISSENTS

The Appellate Division OF the Su-
preme Court. First Department. yes
terday upheld the constitutionality of
the Lusk school licensing law and de-
cided that Attorney General Charles
d. Newton was entitled to an injunc-
ton restraining the RAND School OF
Social Science. Z East Fifteenth street,
from conducting classes without OBJ
tanning a license from the University
of the State of New York.
Upholding the statute as enacted
within the police power Of the State"
the Appellate Court found also that it
revealed "a clear legislative intent to
guard against teachings which would
lead to the commission of crimes and
offenses contrary to our laws" and
aimed ito prevent the teaching and
PRONUNCIATION of doctrines and propa-
ganda for the overthrow by force and
violence Of governments and the
breaking down of civilized society"
MerrelI's Opinion.
Justice Samuel Greenbaum dis
sented from the opinion. written by
Justice Edgar S. K. Merrell, in which
Presiding Justice John Proctor Clarke
and Justices Walter Lloyd Smith and
Alfred r. Page concurred. Justice
Merrell wrote in part:
'The act. we think. Is clearly limited
IN its application to ordinary subjects
Of school curricula and prohibits teach
/ Ing Of doctrines inimicaf to our form of
government and tending to the destruc-
ton Of organized government by force
,:nd violence. There can be little ques-
ton that it is within the power of the
Legislature to enact statutes for the
self-preservation OF the State, and to
prevent the teaching of doctrines advo-
eating destruction Of the State by force.
I'VE think the Legislature has as
much right to enact statute to prevent
PRONUNCIATION of doctrines inimical to
! our form Of government. the putting
| into effect OF which would lead to the
conviction of those who had adopted
said doctrines under existing penal law.
as to punish those who were guilty OF
violating such penal law"
! Samuel A. Bergen. Special Deputy At
tcrney General, in charge Of the appeal
for the Attorney General. learned Of the
| favorable opinion of the court from THE
New YORK HERALD late yesterday after
mon, and motored Immediately to the
Court Building at Madison avenue and
1'wenty-fifth street. When he read the
opinion he said he would begin frnmedi-
/ ately to prepare the papers to put the
restraining order into effect against the
| Rand School.
HilIquft to Appeal.
Morris Hillquit. who represented the
Rand School. issued statement that the
decision would be appealed to the Court
| ~ Appeals. and II necessary to the
Irnited States Supreme Court. Pending
.npeal he indicated he would attempt
TO obtain a stay Of the injunction.
'.The decision Is OF extraordinary ano
far reaching public Importance
| lIi,,ouit said 1T Is. as far as i Know
ths first adjudicati tion by an authorita-
tive American tribunal which sanctions
tbe institution of preliminary censor
ship. ,s. co.
| ..If the Legislature may provide TOT
on exam,na tion of a citizens views be-
fore allowing him to conduct course
Of private instruction 1t may prohibit
| the publication OF newspapers withou'
| a license and withhold the license IL the
nroper authorities deem II likely the
publication will voice dangerous pontlcai
| views.
"The decision sweeps away all con-
stitutional safeguards which have been
tbrown around freedom OF press and
| speech and opens the door to oppressive
class despotism and to- the most dan
gerous forms of political chicane."
Mr.. Hillquit argued for a dismissal OF
the action on the grounds that the IL
censing act was unconstitutional; thai
Il violated the provisions OF the Four
| teeuth Amendment to the Constitution
OF the United States and Article !. Sec.
ton I. of the Constitution of the State
OF New York The Attorney General
through Mr. Berger. Frederick r. Rich
Special Deputy Attorney-Gcneral: James
Dunne ami Archibald r. Stevenson. con-
tended that the statute was valid. The
law became effective September |. 1921
"All that II Is necessary for the de
fendant to show" says the opinion. "is
that its curriculum does not include the
teaching of the inhibited doctrines Hav.
ing shown this. the Regents OF the Uni.
versIty have no discretion but to issue
the required license. II such license bt
then denied recourse may be had tc
the Supreme Court Of the State to rec
tify the wrong
1--WE are OF opinion that the statute
under which the plaintiff seeks to en-
Join the defendant Is constitutional and
its enactment by the Legislature withlr
the police power OF the State.
1--WE therefore conclude that the plain
tiff Is entitled to the Injunction foi
which II asks and Judgment accord
ingy should be entered In PLAINTIFF
favor and against the defendant. with
the costs and disbursements of tn,
action"
RI Those WIN Visit New yovk (ytv