that or any other thing which, under our Constitution, is deemed to be a matter of a free exercise of his thought, judgment and conscience. It had principal relation to religious tests. I can see that it may have application to other tests, but it certainly does not apply to a case like this, of alleged disloyalty to the country, for the reason that the test of loyalty to the country is embraced in the constitutional oath which every one of you is required to take; and the only test which is to be applied in this case is the test which is expressly applied by the Constitution, namely, ability to take the oath and compliance with it. My associate refers, in this connection, to the case of People ex rel. Rogers vs. Common Council of the City of Buffalo, in the Court of Appeals. I am unable to give you the volume.

The Chairman.- What was that case?

Mr. Sutherland.- People ex rel. Rogers v. The Common Council of the City of Buffalo. It states the history of the word "test "" in the Constitution to be exactly that which Senator Brown has given it. It has relation to those religious tests that were applied in the English Parliament.

Mr. Brown. I am going to consider very briefly with you some of the features of Socialism as presented to you by the defense. I do this because I think that the discussion of that subject has to do with the motive behind the party declarations, pronunciamentoes of the party, and the acts, so far as the acts have been proved, of the members who are candidates for this House.

I notice that the leading counsel for the five Assemblymen, in describing the progress of the Socialist movement, said that at a period before the war there were some twelve million voting Socialists in the world. Now, I desire to warn the Committee in relation to statements of that kind. You know that he included in his twelve million all of the Socialist Party of Germany, of which there were some four or five million, the great bulk of whom supported the German government during the war, leaving a little rump known as the Spartacides of whom Carl Liebnecht and Rosa Luxembourg were members representatives who have been killed by the other Socialists since the war, because of their ultra-position in relation to government- their radical position.

I have been an assiduous reader of European politics for many years, and if I understood the Socialist vote in Germany, before

the war it embraced almost all of the liberal elements of Gérmany, who were of the opinion that their government was too autocratic, and who were protesting against it. The fact that they supported their country loyally during the war is important in this connection, but there is a Socialist government in Germany today, and I see that one of the leading questions which it is discussing is whether or not and to what extent it will compensate the German Emperor.

There is nothing in the politics of Germany which justifies the assumption that the present government of Germany is devoted to the principal tenets of the American Socialist party. It is the Spartacides, the Spartacides, the very same Spartacides that in referendum D the Socialists of America declared must never be excluded from any new Internationale with a constant abuse in their literature of Scheidemann and Erzberger and the others who are among the ruling class. I desire to call your attention also to the fact that for a large part of the time during the last 25 years the government of France has been with the Socialist party. Briand was a Socialist. The majority in Parliament were Socialists, but it was not the Socialism of Jaures. Not at all. It was a different kind of Socialism. It was the patriotic national Socialism. So that the attempt to impress the Committee with the idea that the world was going Socialist in the sense of the Socialist party of America has no foundation in fact. No foundation in practice - none whatever.

In the organization of the new Internationale, the one thing that the American Socialist Party demands is that everybody that did business in the name of Socialism before the war, and stood by this country in the war, be excluded as Socialist traitors; and that the only ones that shall be associated with the American Socialist party are those who were traitors to their country during the war, including the Russian traitors, who now constitute the ruling power in that country after having torn it asunder north, east, south and west by their treaties and conduct and contributed very largely while they were doing it to the success of the German cause during the very period that we were fighting the Germans.

Now, these are not rhetorical or argumentative statements. They are ever-living facts without one single word of evidence to controvert them and admitted time and time again by the counsel and by the witnesses for the defense.

And as to Socialism, what is it? Hitherto the desire for an opportunity to employ his energy, his talents for individual advancement, to acquire means for the establishment of a home and the care of his loved ones, has furnished man's chief impelling motive for the establishment of a free.and democratic government.

Opportunity; opportunity - the basis of the heart's desire and of every human institution, since the creation, during the entire history of man, that has been the struggle of humanity, for individual opportunity, and that age-long quest at last found its great triumph and success in the American Republic. The opportunity to develop your talents, to get an education, to find employment and occupation for the purpose of saving and accumulating so that you and yours might be in comfort; the opportunity to gratify the reasonable ambition of the human heart for position in life, in business, in society, in government; the opportunity to be free and to have secured the earnings which your talents and your industry have brought to you. This has been the picture which has been held before the human mind and which has demanded gratification of the human heart through all the history of the development of civilization, and no where was it ever realized before in the degree that it has been realized in this Republic.

Now, Socialism as summed up by Morris Hillquit may be summed up in an even briefer form. Heretofore thrift and the career of the individual who desired to succeed in the world. financially has been controlled by subtraction and addition. He subtracted from his expenses and the gratification of his wishes and he added to his industry and his savings so that he might accumulate, and the result has been the greatest average financial welfare in this country that the world has ever known, not at any one particular period, but at all periods. Now, Mr. Hillquit would substitute for addition and subtraction, division. That is, instead of working harder and saving more and denying one's self, we will simply divide up what other people have saved. Isn't that a fair statement of it? Mr. Hillquit says:

"And when we speak of the right to pursuit of happiness, we mean the right, and the concrete right," - if there is any such thing as concrete right," of every man, woman and child in this country and every other country to life, to sunshine, to air, to enjoyment, to amusement, to the blessings of civilization; to the products of art and science. We mean

by it the right to enjoy life as fully, as nobly, as the best members of our community are privileged to do."

Now, that certainly is a liberal program to carry out,laying aside industry, laying aside economy, laying aside effort and frugality and self-denial, "We hold that everybody is entitled to enjoy life as fully, as nobly as the best members of our community are privileged to do." I suppose he means by the best members of our community, I think he misspoke himself there, he cannot mean anything else there except those members of our community who have done best in providing for themselves.

If this were a dream of Utopia or of a millenium or even a Seventh Day Adventist plan of translation to a better world, it would not require your attention. It would only arouse your amusement and furnish to you what Mr. Hillquit claims we are bound to furnish at the expense of those who have saved, to all the people he represents; that is, amusement and the blessings of civilization. It is not the suggestion that demands our notice, but the proposed means of realizing it as they affect us, the state and the nation. If the program succeeds, we shall no longer have a government of the people, by the people and for the people, because it clearly appears in their program that it is not the people but a class, and we will have a government of the proletariat, for the proletariat and by the proletariat. That is, government by a class and all who are not of the class must surrender all their worldly possessions for the enjoyment of that class, and, as Waldman says, if they don't go to work that is, work as approved by the proletariat - they must starve.

This program would be sufficiently startling as a peace program, but as a revolutionary program, accompanied by revolution, it is terrifying, and as far as it has progressed, menacing to the government and institutions of our country. It has no precedent in history, save the Bolsheviki of Russia whose ideas have not yet, in the language of Waldman, "conquered the world," and the eruptions of Alaric and his barbaric hordes from the same Bolsheviki lands to overrun and confiscate the wealth of the Roman state. A somewhat cursory examination of the present socialistic program shows that it differs from Alaric's adventure chiefly in the expectation that the Huns are already securely quartered upon us, and can, if foreigners, take advantage of the nation's hospitality, and if citizens employ their privileges to conquer the land

and divide the booty; and all that intervenes between their carrying out this program is awakening them to a sense of their power.

In justification of this greedy and tyrannical program, alleged statistics are produced to prove that a great percentage of the wealth of the country is in the hands of the few; and I take the figures of Mr. Hillquit, as to which I doubt if you make any special findings and, therefore, it is not is not necessary for me to attempt to refute them. It is sufficient to assume that they are true for the purposes of argument, and that fifty per per cent of the people have no accumulation of property and no reserve except their labor. This is not so remarkable when we reflect what a large proportion of our population is under the adult age, or at least under the age when you could expect them to have any accumulation. Probably this would cover one-half of the entire population. That many members of families, under our social organization, ignorant and ineffective as it is alleged to be, still gladly remain dependent upon the head of the family in their supposed ignorance; and that a large percentage of our population is foreign-born, or the children of foreign-born parents, who could not be expected, while acquiring our language, and seeking the opportunities - taking the time to seek the opportunities it is necessary for them to take in becoming acquainted with our institutions and finding what the paths of progress are, could not be expected, within the short period of their residence here, to have accomplished what they will accomplish in the future. In this, the principal State of the Union, fully one-half of the population falls within the latter class; and in the city of New York more than three-quarters of the population are foreign-born or the children of foreign-born. How soon after arriving in a land flowing with milk and honey would they take over its palaces of art, education and commerce as their immemorial heritage?

Mr. Hillquit says that these men here these five Assemblymen under charges

"Come here as representatives of many thousands of workingmen, who have given probably their youth, probably the greater part of their lives, to the enhancement of the wealth and prosperity of this country; who have been instrumental in building up this country, in making it what it is great and prosperous and these men have a right to say today that the wealth that they earned and helped to accu