One defendant indicted but not yet arrested. Therefore his name is not here given. In addition to the defendants above named six persons were indicted in New York county charged with criminal anarchy but have not been arrested, having fled the jurisdiction, and for obvious reasons their names are not given in this report. The Committee desires to express its appreciation of the public service rendered by the district attorneys who procured the above indictments, who are: Hon. Edward Swann, of New York county; Hon. Harry E. Lewis, of Kings county; Hon. Francis M. Martin, of Bronx county; Hon. William F. Love, of Monroe county; Hon. W. R. Lee, of Oneida county, Hon. James Tobin, of Cortland county; and Hon. Guy Moore, of Erie county. There have thus far been four trials under indictments charg ing Criminal Anarchy, and all four trials have resulted in convictions. The prosecution of these four cases was conducted by Assistant District Attorney Alexander I. Rorke, who worked with the Committee for many months, and whose fidelity and ability merit the highest commendation from this Committee. In the course of the public hearings held by the Committee, Ludwig C. A. K. Martens was summoned as a witness to attend before the Committee. He failed to obey the subpoena which had been duly served upon him, and an attachment was issued against him by Mr. Justice Leonard A. Giegerich of the Supreme Court. Martens was brought before the Committee at the City Hall, New York, on November 14, 1919, by Deputy Sheriff Murray, and upon his appearance was released under bond in the sum of $1,000. He appeared afterward before the Committee and was subjected to a careful examination. In the course of this inquiry Martens testified that he had received from Soviet Russia some $90,000 in money for the purposes of carrying on the work of his Bureau. Pressed as to the identity of the persons who brought to him this money, he declined to answer, and the Chairman of the Committee declared him in contempt. Just before this he had made application through his attorney, Dudley Field Malone, for the vacating of the subpoena that had theretofore been duly served upon him. This application was heard by Mr. Justice Samuel Greenbaum of the Supreme Court. Mr. Malone advanced the argument that his client was clothed with diplomatic privileges and immunities. In his decision denying the application for the vacating of this subpoena, Judge Greenbaum brushed aside this alleged claim of diplomatic immunity, and decided there was no legal provision for the granting of such a motion, and Martens was compelled to answer the questions that were put to him. He declined, however, to divulge the identity of the couriers who had brought this money to him, and declined also to answer various other pertinent questions. He was declared in contempt of the Committee by the Chairman, and an application was made by the Attorney-General for an order requiring Martens to show cause why he should not be committed to the County Jail of New York County until he should answer the questions that had been propounded to him by the Committee. The order to show cause was issued by Mr. Justice Greenbaum of the Supreme Court, but before it could be served upon him, Martens left the jurisdiction, and it was later learned he had gone to Washington, D. C., where he has since been. Another contumacious witness who appeared before the Com mittee was Santeri Nuorteva, Martens' secretary, who also declined to answer pertinent and relevant questions, and was duly declared in contempt by the Committee. An order was issued by Mr. Justice Greenbaum directed to Santeri Nuorteva, requiring him to show cause why he should not be committed to the County Jail until he answer the said questions. Before this order could be served upon him he left the jurisdiction, went to Washington, D. C., with his chief, Martens, and is there at the time of the writing of this report. Michael Mislig, a confrere of Martens and Nuorteva and the treasurer of the Russian Socialist Federation, who, as we have reason to believe, is a member of the Communist Party of America, followed the example of Martens and declined to answer material and relevant questions propounded to him by the Committee. He too was declared in contempt. A Supreme Court order was obtained by the Attorney-General requiring Mislig to show cause why he should not be committed to the County Jail until he answered the questions that had been thus properly propounded to him. Argument on this application for Mislig, which was vigorously contested by counsel, was had before Mr. Justice Vernon M. Davis of the Supreme Court. A final order was granted adjudging Mislig in contempt, and directing that he be confined in the County Jail until he should answer the questions that had thus been propounded to him by the Committee. Before this final order could be served upon him, Mislig too fled the jurisdiction, and though many months have elapsed, he is still out of the jurisdiction of the Supreme Court of the State of New York. This Committee and its counsel have co-operated with the prosecuting authorities of various states in the investigation of seditious activities and with criminal prosecutions arising therefrom, as well as with the Department of Justice of the United States, and with the immigration authorities. Much valuable information has been placed at the disposal of these various prosecuting and investigating bodies by this Committee, resulting in prosecutions and deportations in large numbers. Introduced by Mr. LUSK-read twice and ordered printed, and when printed to be committed to the Committee on Finance. AN ACT To amend the education law, in relation to the qualifications of teachers, and making an appropriation for expenses. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as amended by chapter one hundred and forty of the laws of nineteen hundred and ten, is hereby amended by inserting therein a new section to read as follows: § 555-a. Additional qualifications of teachers. 1. In addition to the requirements for teachers and certification prescribed as provided in this article, each teacher employed in the public schools of each city, union free and common school district in the State shall obtain a certificate of qualifications as herein provided. Such certificates shall state that the teacher holding the same is a person of good moral character and that he has shown satisfactorily that he is obedient to and will support the constitutions and laws of this State and of the United States, and that he is desirous of the welfare of the country and in hearty accord and sympathy with the government and institutions of the State of New York and of the United States. 2. Such certificates of qualification shall be issued by, or under the direction of, the commissioner of education in conformity with rules to be adopted by the regents of the university of the State of New York. |