The New York herald., 1922-05-24
TEACHERS CRIPPLE
DISLOYALTY inquiry
Refuse to Answer Any
Questions at Secret
Hearing.
COMMITTEE Is DEFIED
Cannot Cite for Contempt as
1t Has No Status Under
Lusk Law.
WANTS GRAVES'S ADVICE
Commissioner Tells 81 Pr0fes-
sors He Is Determined to
Enforce Terms of Statute

The advisory committee appointed by
Frank L. Graves, State Commissioner
of Education. to examine teachers
suspected of disloyalty was rendered,
ct least temporarily, :mpotent yester-
day by Gilbert f. Roe. counsel for
the Teachers Union,
! The committee sat in room in the
Bar Association Building prepared to
ply several teachers with questions
regarding their right to hold the Ii
cense required under the Lusk law.
The first teacher to appear was Miss
| Sarah Hyams. an instructor in cook
| ing in Public School 6S. Miss Hyams
was charged with having signed a
card in 1919 signifying her interest in
the then Left Wing Socialists. 1t was
admitted that she had not joined that
body. Neither was it charged she
ever gave money to that organization.
With Miss Hyams was Mr.. Roe. All
members of the committee except Conde
! B. Pallen were present. Archibald T.
stevenson secretary and counsel for the
committee. opened formalties by politely
|
Hyams beamed on Mr.. Stevenson and
waved hand toward Mr.. Roe. Mr..
| Roe proceeded to perpetrate sabotage
OH the hitherto nicely articulated ma
chinery.
decentralization Violated"
Mr.. Roe told Mr.. Stevenson that Miss
| Hyams would answer none of the COM
mittees questions. He said that none
| of his clients would answer any of their
questions. He read a long statement. in
which he set forth his opinion that
| the committee was unconstitutionally
created; that the law that made it pos
! sible for Mr.. Graves to create it was
unconstitutional and unenforcable that
| the committee was violating the Con-
sti.ution by holding secret inquiries that
might mean the taking away of per-
| sons means of livelihood . that they
might just as well try to dismiss a
teacher because he or she had ex-
pressed the opinion that the earth was
round instead of fiat or advocated the
theory of evolution and finally he said
"Our form of government may not be
perfect. Indeed. as ] am neither a
1 teacher nor hope to be teacher, can
express the opinion that 1t is not perfect,
but 1t is good enough to prevent the
! enforcement OF any such sixteenth CEN
.ury ideas as are embodied in the statute
l have just read (the Lusk law)."
The committee observed Miss Hyams
and her lawyer. They regarded each
other. They bowed courteously to the
diminuitive cooking teacher and wished
her Good day" They called no other
teachers. They remained behind closed
doors, sending out word to the reporters
that they would have a reply TO Mr.. Roe.
But they emerged with no reply.
Committee Has No Power.
Briefly the committee discovered that
they have no powers to force witness
to answer questions. They compose a
body. II was said, created by the Com
missioner and for which there Is no pro-
! vision in the law They cannot cite a
witness for contempt. They cannot de-
prve a teacher OF his or her license
merely because he or she refuses to talk
The next sitting was to have been one
week hence. Until the Commissioner ot
Education and possibly the Attorney.
General are consulted the committee will
have to remain inactive The COMMITTEES
cannot tell the Commissioner whether
a teacher is or is not harbor for non.
conformist ideas in politics, economies
sociology or morals IL the suspect re-
fuses to cooperate with the committee
research.
Mr.. Roe's statement read to the effec
that the charges against Miss Hyam.
had been dismissed by the Corporation
A Counsel two years ago as too frivolou!
TO require his attention" And yet Mr.
Roe went on. the advisory committe,
NOW proposes to make investigation ant
report to the Commissioner whether h,
ahouId not withhold Miss Hvams's car
tihcate on account of matter for which
she has fully answered to her Board o
Education"
Commissioner Graves replied 70 tn,
request OF the twenty-seven professor.
at Columbia. Union Theological Semin.
ary and City College for a clearer def
milton of the Lusk law and. II possible
ita repeal He said:
"The law seems perfectly clear to me
But before making the Interpretation
these gentlemen ask for l should lik,
them to he more specific on what rar
OF the law they do not understand.
am telling them that we have adopted
in New York city the procedure asked
for by the Teachers Council. We hav,
even made up the committee with met
they irdorsed. As for repeating thi,
law. l told these gentlemen that | hav,
no such power. My duty is to enforc,
it."
Mr.. Roe and Henry r. Llnville. pres
ident of the Teachers Union, said thcil
hope is that the case may get into tn,
courts where. they predict, IL will b,
shown that the Teachers Council docl
not represent the majority OF public
school instructors in New YORK City
PROSPERITY BUREAU