an oath to support the Constitution, you also did, and in the proper fulfilment of that oath there is nothing to do but to put an end to this proceeding and show, just as the United States Circuit Court of Appeals shows today, there is still reason in this country and we are, perhaps slowly but none the less true, getting away from this hysteria that has swept the country. Assemblyman Cuvillier. How about the United States court in yesterday affirming the conviction of the three men from Albany County? Mr. Block. Perhaps there may have been some reason for affirming. I want to thank you on behalf of myself and my colleagues and the five Assemblymen for the extreme courteous and intelligent attention that you have at all times given to this case. I hope when we meet again it will be under most auspicious circumstances. Mr. Conboy.- Mr. Chairman before we adjourn, there is the matter of the submission of briefs. It has seemed to counsel for the Assembly that the arguments placed every morning upon the desks of the members of the Committee were a full and complete exposition of the law and the fact, and it has therefore not been our intention to submit any supplementary brief, and no such supplementary brief has been prepared. Of course, if a brief has been prepared on behalf of these five Assemblymen, I assume that the Committee will receive it. Mr. Block. I wish to say in response to that, that the brief is not entirely completed, as I believe Mr. Roe mentioned earlier in the day. We expect to have it in the hands of the printer tomorrow and perhaps the finish printed copy will be ready the following day. We hope that they will have it on Thursday. The Chairman.- Get it in the hands of the counsel for the Committee on Thursday and then you may have until Tuesday to reply. We will take this matter up Tuesday. Mr. Conboy. It will depend a good deal as to what time on Thursday it is placed in our hands, and the length of the brief. How long is it, Mr. Block, have you any idea? Mr. Block. I haven't any idea. I may say we are trying to show as much consideration to the persons called upon to read it as possible by keeping it down to the smallest possible number of pages. Mr. Conboy. I am not so sure that we can get a reply memorandum into your hands by Tuesday morning if we are served with a copy of this brief sometime late on Thursday. We have been put to it to prepare our arguments and submit them in as comprehensive a manner as we could within the time alloted to us after the closing of the case. Of course, we will do what we can to prepare the reply memorandum in as short a time as possible. The Chairman.-I will take it Wednesday. I assume you will not have to reply to anything but new matter. Mr. Conboy. As a replying brief it will not be incumbent upon us to assume any new or constructive argument. Mr. Block-Do I understand you are not submitting a brief now, but will only submit a reply brief to the one we submit? Mr. Conboy. That is right. We will only submit a reply brief to the one you submit. Mr. Block. We are extremely anxious to have it settled as early as possible. We wish a decision as early as possible and are anxious to have the brief submitted as soon as possible. Mr. Conboy. I had hoped it would be concluded with the arguments. The record of each one of these day's sessions has constituted a pamphlet longer than is usually submitted to the court. The facts have been discussed in a very comprehensive manner and the committee has heard the witnesses. Of course, however, if these Assemblymen and their counsel desire a brief; all right; but it will simply mean a delay. The Chairman.- The counsel for this committee served a very comprehensive brief and Mr. Roe served a very comprehensive brief. Now, if there is anything else they wish to say Mr. Conboy. We will put it in a reply brief. The Chairman. You will put it in a reply brief. Mr. Block. All that is in our brief is well known to the committee. It is merely a restatement. When will it be submitted? Mr. Conboy. It depends entirely upon the size and length of yours. Mr. Berger. About one hundred pages, Mr. Block? OF THE NEW YORK SOCIETY LINDA Mr. Block. It won't be over a hundred pages. Mr. Conboy. We will leave ourselves entirely in your hands, gentlemen. If you say we shall have a reply memorandum on Wednesday morning, we will have it on Wednesday morning. The Chairman.- Wednesday after the session about two o'clock. Mr. Conboy. We should have your printed brief on Thursday? Mr. Block. If the printer gets it out in time. We expect to put it in the printer's hands to-morrow morning. Then we will have copies of your brief? Mr. Conboy. I will furnish you with copies of our brief just as soon as it is printed, and if it is ready on Tuesday, we will submit it to the committee at that time. If it is not ready on Tuesday, we will submit it to the committee after the afternoon session. We will give it to you as soon as it is ready. Mr. Block.- I do not think counsel on the other side will need so much time. If they get it on Thursday I do not think they will need until the following Wednesday to reply to it. They are already familiar with the facts. I think perhaps two days will be ample. If it could be hastened, I wish they would do so. The Chairman.—I would like to have you give me a list of those various points. Mr. Wolff.— I will give it to you to-morrow, Mr. Chairman. (Whereupon at 6:50 P. M., the chairman declared the case closed.) BRIEF FOR THE SOCIALIST ASSEMBLYMEN Before the Judiciary Committee of the Assembly of the State of New York IN THE MATTER of The Investigation as to the Qualifica- The Institution of Proceedings At the general election held November 4, 1919, five Socialist candidates, Louis Waldman, August Claessens, Samuel A. deWitt, Samuel Orr and Charles Solomon were elected to the Assembly from districts in New York city. The votes cast were as follows: Herman Weiss (Rep. & Dem. Fusion) 5,010 Certificates of the election of Messrs. deWitt, Orr, Solomon, Waldman, and Claessens were duly filed. On January 7, 1920, the Assembly convened for the session of 1920. The Socialist Assemblymen appeared before the Secretary of State and took the oath of office. No objection was interposed. They took the seats assigned to them in the Assembly Chamber, answered the roll call, nominated and voted for candidates for the offices of Speaker, Clerk, and Sergeant-at-Arms, and took part in the adoption of rules. When the organization of the House had been completed, the Speaker, without notice or motion, directed the Sergeant-at-Arms to present the five Socialist Assemblymen before the bar of the House. The Sergeantat-Arms did so. Thereupon, still with no motion |