put in evidence:
"All candidates or appointees to public office selected by the dues-paying membership of the Socialist Party of the State of New York, or any of its subdivisions, shall sign the final resignation blank before nomination is made official or appointment is made final."
The form of resignation, also put in evidence, is here reproduced from the same issue of the "Evening Sun":
"To the end that my official acts may at all times be under the direction and control of the party membership, I hereby sign and place in the hands of Local (........) my resignation to any office to which I may be elected (or appointed), such resignation to become effective whenever a majority of the local shall so vote. I sign this resignation voluntarily as a condition of receiving said nomination, and pledge my honor as a man and Socialist to abide by it."
One of the by-laws of the New York County organization put in evidence also reads:
"On accepting a nomination of the party for public office, the candidate shall at once give to the executive committee a signed resignation of the office for which he is nominated, and shall assent in writing to its being filed with the proper authority, if, in case of election, he proves disloyal to the party."
A protest had been made to the New York Assembly claiming that "the fundamental principles of representative government" would be violated in refusing to seat the five suspended Socialist Assemblymen. But it is plain that men controlled in office by such a secret device would not