The New York herald., 1922-05-05
RAND SCHOOL FIGHTS
IN APPELLATE COURT
Berger Submits Brief for State
in Opposition to Hillquit's
Attack.
CITES DANGER IN WAR
Socialist Replies That Lusk
Law Covers Instruction i'm
Any Art or Craft.
CITES DANGER IN WAR

Samuel A. Berger, Deputy Attorney
General. and Morris Hillquit. represent
ing the American Socialist Society, yes
terday hled briefs with the Appellate
Division of the Supreme Court in the
case of the Rand School fight to continue
instruction In socialism without the
license required under the Lusk law.
The Deputy Attorney General defended
the amendment to the general education
law as distinctly proper" and in accord.
ance with the primary rights of the
State to self-preservation. Mr.. Hillqui.
argued in his brief that the Lusk law
contravenes both the State Constitution
and the Constitution of the United
State in depriving persons OF liberty and
property without due process of law.
He contended that the principle in
volved is similar to possible legislative
enactment prohibiting the publication of
q newspaper or magazine because some
previous issues may have contained OBJ
jectionable or criminal matter or be-
cause 1t was feared that future issues
might contain such matter.
The Rand School. Mr.. Berger pointed
cut, does not come within the class of
institutions exempted from the opera
ton of the law as do public schools,
schools of recognized religious denomi-
nations, and schools Of fraternal or
ganizations teaching only their rituals.
The law does provide, however. that
mo license shall be granted for the
conduct of any school. institute. class
or course where it shall appear that
the instruction proposed to be given
includes the teaching of the doctrine
that organized governments shall be
vt@1r
lawful means. or where 1t appears that
such school Is to be conducted In
fraudulent manner"
He pointed out that during the world
war the school was tried and convicted
Of a violation Of the espionage act. it's
conviction resulting In fine OF $4,000.
"The whole prosecution" he continued
In his brief, had no other effect upon
the activities of the Rand School OF
Social Science than to deprive 1t Of
$4,000, interest and costs. The teach
ings for which it was convicted were
carried on with the same regularity In
the school building as though the prose-
cution had not been begun. For this
reason it was recognized that the crimi-
nal law was inadequate as measure
NJ protection to the citizens of this
State
He auoted from n letter issued from
the correspondence department, which
was an appeal to members OF molders
union, who were suing their employers
for damages caused by strike. to over
throw the Government
Mr.. Hillquit referred to the conviction
of the Rand School during the war as
irrelevant and improper matter and de-
scribed the letter from the correspond
ence department as from an anonymous
writer
Under the provisions OF this law. he
continued. mo instruction can be given
In painting. singing. dancing, skating.
swimming or sewing, laying brick. set
ting type or in any other hand!craft.
trade or profession unless the firm, cor
poration or association offering such in
struction shall first have applied for and
obtained license from the University
of the State of New York"
He argued that the statute requiring
A license as g. condition necessary to the
right to exercise a trade or calling would
actually restrict such right. interfer-
ing with the liberty of citizens and de-
priving them Of their property.