Evening star., 1931-05-31
RECORD OF HUGHES INDICATES
HE HAS LONG BEEN A LIBERAL
Fiqht on Custer of Five So
ciaIist AssembIymen in
New York Cited.
Chief Justices Dissent on
Arms Pledge Requirement
Wins Wide Praise.
BY FREDERIC WILLIAM VILE.

BY fhEDEh1C WILLIAM WAAns
All over the country men and women
are singing the praises Of Charles Evans
Hughes as a newly revealed liberal be-
cause of his dissent from the Supreme
Court decision Of May Is declaring
willingness to bear arms as a requisite
for American citizenship. 1t seems to
be forgotten that the Chief Justice oi
the United States as long ago as 1926
stirred the liberal enthusiams Of the
country by his vigorous opposition tc
the ousting of Socialist members Of the
New York State Assembly. For his
activities on that occasion. zechariah
Chafee, jr., professor of law at Har-
ward and author Of Freedom OF
Speech" and THE Inquiring Mind" has
given Hughes the acollade Of Amer
ica's champion of Anglo-Saxon
| liberties"
Because Of the apparent arrival OF
| a new liberal bloc in the Supreme
| Court-a minority Of four (Hughes
Holmes, Brandeis and Stone), which
| on occasion seems likely to emerge into
a majority of the court. with the in
clusion of Justice Roberts-it Is timely
| to recall the details of Hughes famous
crusade for political freedom IL years
ago. Many of his supporters thought
| that it alone should have sufhced To
NOV down opposition to his conf1rma-
ton as Chief Justice by the Senate In
February, 1880.
Action on Socialists Begun.
! The House of Representatives at
| Washington was just about to vote the
second exclusion of its Socialist men,
ber, Victor Berger of Wisconsin, when
| the New York Legislature opened its
| 1920 session. Public opinion at the
time was inf1amed by the Federal Gov
radicals suspected of seditious activities
Among the members of the Assembly. or
Lower House, at Albany were five So
! cialists-Claessens, Solomon, Waldman
De Witt and Orr. New York State
election laws recognized the legal ex-
istence of the Socialist party, and its
candidates names appeared on the bal
| lot alongside Democrats and Repub-
| licans. On January 7, 1920, the five
Socialists took Office at Albany without
interference. They swore to support the
Constitution of the United States and
| that of New York, to discharge their
| that they had not Influenced votes by
| bribe or promise. mo other oath,
| the New York law sets forth "declara-
ton, or test shall be required as q
qualification for any office Of public
! trust"
After occupying their seats. taking
| part in the organization of the House
and voting for speaker, the sergeant
alarms was suddenly ordered to hale
S.A ~
the House. Thereupon Speaker Sweet
informed them: You are seeking seats
in this body, you who have been elected
on platform that is absolutely inimical
| to the best interests of the State OF
New York and of the United States.
| Thereupon the speaker declared that
the Socialist party was not truly a
political party, but subversive and un-
patriotic organization. He informed
the five men that If the House should
| adopt resolution declaring their places
vacant they would be given an oppor-
tunity to appear before tribunal to
establish their rights to remain in the
Assembly. A resolution having been
adopted. the Socialists we're hustled
out of the chamber Their seats re-
manned vacant for the remainder OF the
session, resulting. as Prof. Chafee points
out lin the disfranchisement Of $4,000
voters of the City Of New York"
Within 48 hours of the Socialists
| election Hughes waded into the fray
! Hughes was at the time president OF
Manhattan's rock-ribbed G: Q: p
social-political organization, the Union
League Club. Forthwith he addressed
remonstrance to Speaker Sweet
against the Albany expulsion. Hughes
contended that it was utterly opposed
to the fundamental principles of our
Government to deny representation to
the minority through the men who had
! been elected by ballot legally cast.
Hughes Letter Quoted.
These we're the significant passages
| of Hughes letter to Speaker Sweet:
IF there was anything against
these men as individuals, II they
were deemed to be guilty Of GRIM
inal offenseS, they should have been
charged accordingly. But under
stand that the action is not directed
| against these five elected members
| as individuals, but that the pro-
ceeding is virtually an attempt to
indict political party and to deny
1t representation in the Legislature.
This is not, in my judgment,
American Government.
Are Socialists unconvicted of
crime. to be denied the ballot? II
Socialists are permitted to vote. are
they not permitted to vote for their
| own candidates? If their candi-
dates are elected and are men
against whom, as individuals,
charges of disqualifying offenses
cannot be laid, are they not en-
| titled to ther seats? =
| It understand that 1t is said that
the Socialists constitute a combina-
ton to overthrow the Government.
The answer is plain. If public off,
GERS or private citizens have any
evidence that any individuals, or
group of individuals, are plotting
revolution and seeking by violent
| measures to change our Govern
ment, let the evidence be laid be-
fore the proper authorities and
swift action be taken for the pro-
lection of the community. Let
every resource of inquiry, Of pur-
suit, of prosecution be employed to
ferret out and punish the guilty
! according to our laws.
But I count it most serious