BRIEF FOR THE JUDICIARY COMMITTEE...

REPORT OF THE COMMITTEE.

PROCEEDINGS IN THE ASSEMBLY.

2477-2672

2673-2802

2803-2808

EXHIBITS

GENERAL INDEX

Appendix

1-576

1-54

STATE OF NEW YORK-ASSEMBLY CHAMBER

In the Matter of the Investigation by the Assembly of the State of New York as to the Qualifications of Louis Waldman, August Claessens, Samuel A. deWitt, Samuel Orr and Charles Solomon to Retain Their Seats in Said Body.

THE CAPITOL,

ALBANY, N. Y., March 9, 1920.

Present:

Hon. Louis M. Martin,
Hon. George H. Rowe,
Hon. James M. Lown,
Hon. Edmund B. Jenks,
Hon. Edward A. Everett,
Hon. William W. Pellet,
Hon. Edward J. Wilson,
Hon. Charles M. Harrington,
Hen. Harold E. Blodgett,

Hon. Theodore Stitt,

Hon. Louis A. Cuvillier,

Hon. Maurice Bloch,

Hon. William S. Evans.

Appearances:

For the Judiciary Committee:

Charles D. Newton,

John B. Stanchfield,
Arthur E. Sutherland,

Elon R. Brown,

Martin Conboy,

Samuel E. Berger,

Archibald E. Stevenson,

Henry F. Wolff.

For the Socialist:
Morris Hillquit,
Seymour Stedman,
S. John Block,
Gilbert E. Roe,
William Karlin,

Walter Nelles.

HON. LOUIS M. MARTIN, Chairman.

(The Committee met pursuant to adjournment at 10:50 A. M.)

The Chairman.- Proceed.

Mr. Roe. Mr. Chairman, and gentlemen of the Committee, I do not arise at this time to discuss this case at all, but there is a request which I desire to place before the Committee, perhaps more properly a motion which I desire to address to the Committee, which it was decided by counsel for the Assemblymen before we separated last week should at this time be done. It is not only a proper motion to make, but one which it is our duty to make. It involves the matter of allowances on behalf of the Assemblymen for expenses in this proceeding.

There are two grounds upon which I desire to submit this suggestion or motion to the Committee:

In the first place, these five Assemblymen are the sitting members. They have been called in here to defend their rights to their seats. Their rights to their seats have been challenged and they are called upon to defend them. They are called upon to do that in behalf of their constituents and in behalf of the public interest as well as themselves. The rule, I think, is universal that wherever the sitting member's right to his seat is challenged in a parliamentary body and a contest with regard to that right is inaugurated and conducted, he is entitled to his expenses in that proceeding whatever the decision of the body may be as to his right to a seat.

In the second place, while this proceeding is in form an investigation it is in fact a prosecution or a trial. You understand