CORNELL UNIVERSITY LIBRARY In memory of Lou CoNKLiN Ginsberg Class of 1927 and Alexander Ely Ginsberg Class of 1926 OLIN RESEARCH LIBRARY CORNELL UNIVERSITY LIBRARY 3 1924 05 624 827 U:2_ Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924051624827 READMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN TO THE STATUS AND PRIVILEGES OF A CITIZEN OF THE UNITED STATES HEARINGS BEFORE THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF EEPRESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION ON S. J. RES. 134 JANUARY 29 AND FEBRUARY 3, 1920 WASHINGTON GOVEBNMBNT FEINTING OFFICE s^.\ntvi^ COMMITTEE ON IMMIGRATION AND NATURALIZATION. House or Representatives. SIXTY-SIXTH CONGRESS. ALBEET JOHNSON, Washington, Chairman. ISAAC SIEGEL, New York. HAROLD KNUTSON, Minnesota. EOSCOE C. MCCULLOCH, OMo. J. WILL TAYLOE, Tennessee. JOHN C. KLECZKA, Wisconsin. WILLIAM N. VAILE, Colorado. HAYES B. WHITE, Kansas. KING SWOPE, Kentucky. ADOLPH J. SABATH, Illinois. JOHN E. EAKEE, California. RILEY J. WILSON, Louisiana. BENJAMIN F. WELTY, Ohio. JOHN C. BOX, Texas. L. B. EAINEY, Alabama. P, F. Sntdeb, Clerk. READMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN TO THE STATUS km PRIVILEGES OF A CITIZEN OF THE UNITED STATES. Committee on Immigration and Naturalization, House of Representatives, Washington, D. C, Thursday, January 29, 1920. The committee this day met, Hon. Albert Johnson (chairman) presiding. The Chairman. The committee will be in order. The order of business to-day is the consideration of Senate joint resolution 134, a resolution to readmit Augusta Louise de Haven-Alten to the status and privileges of a citizen of the United States, which is as follows : JOINT RESOLUTION To readmit Augusta Louise de Haven-Alten to the status and privileges of a citizen of the United States. Whereas Augusta Louiee de Haven-Alten, daughter of the late Captain Joseph Edwin de Haven, of the United States Navy, a native-born citizen of the United States, and a resident of the State of Illinois, married in 1886 Eberhard Alten, an alien of German birth and parentage; and Whereas the said Augusta Louise de Haven-Alten left Germany in 1911 and has not since returned, and in 1912 sued her said husband for absolute divorce, which suit is still pending in Germany, and has since 1911 lived apart from her said husband; and > Whereas the said Augusta Louiee de Haven-Alten has since returned to the United States and renewed her residence therein and petitioned Congrees to be readmitted to the status and privileges of a citizen of the United States, under and by virtue of the power and laws of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Confess assembled, That Augusta Louise de Haven-Alten, daughter of Captain Joseph Edwin de Haven, be, and she is hereby, on her own application unconditionally readmitted to the character and privileges of a citizen of the United States. This resolution has passed the Senate, and Mrs. de Haven-Alten is here, and has papers in the nature of an affidavit which state this case. Mr. Howe, of Washington, is also present, and probably could make . a concise statement from that affidavit which would give the commit- tee the information it desires. Mr. Howe, will you proceed ? STATEMENT OF WALTER BRUCE HOWE, ATTORNEY AT LAW, 717 FOURTEENTH STREET NW., WASHINGTON, D. 0. Mr. Howe. Mr. Chairman and gentlemen, this lady who makes application for readmission to citizenship is in every sense of the word an American. She is the granddaughter of Admiral Bigelow, of our Navy, who fought in the War of 1812 and served 45 years in the Navy. Her father was Capt. Joseph E. de Haven, of our Navy, who com- manded ships in the Civil War. When she was very yoimg indeed both of her parents died when she was about 12 years old. Mr. Vaile. Was she herself born in the United States ? Mr. Howe. She was born in | the United States, in New York City in 1867. She was taken abroad by her grandmother, Mrs. Bigelow, 3 4 EBADMISSION OF AUGUSTA LOUISE DB HAVEN-ALTEST AS A CITIZEN. and lived there with her grandmother and stepmother in Switzer- land, and on her 19th birthday, her parents being dead, she mar- ried a German citizen named Alten. That marriage was never very happy. There were two children, and in 1912, when the children, the two daughters, were grown and married, Mrs. de Haven, as she now likes to be called, instituted a divorce suit against her husband in Germany. Mr. Vaile. She had instituted it prior to that time, I believe, and had recalled it once or twice ? Mr. Howe. Yes. Mr. Vaile. On account of her daughters ? Mr. Howe. On account of the prospects, welfare, and comfort of her daughters. Mr. VAILE. So instituting it in 1912 was the second or third time that she had started that suit ? Mr. Howe. Yes; that is correct, sir. Mr. Vaile. Having withdrawn it each time before on account of not desiring to embarrass her daughters or interfere with their future ? Mr. Howe. Exactly, and the daughters being married, she then entered suit in 1912. The progress of that suit in the courts in Ger- many was interrupted by the war because her husband, when the war broke out, went back into the German Army, and was assigned to active duty, although quite an elderly man, on the line of com- munications, and in spite of the efforts of the attorneys for Mrs. de Haven he insisted and prevailed on being exempt from suit because he was in active service. Mr. Vaile. I gather from Mrs. de Haven's affidavit that the active duty was in the nature of a camouflage ; that ft was not really very active duty involving any personal danger to the officer ? Mr. Howe. Exactly. I understand he was far back on the line of communications. Mr. Vaile. And possibly was there for the purpose of giving him exemption from civil suits ? Mr. Howe. I see no other explanation. The Chairman. Nevertheless, it was military duty? Mr. Howe. It was military duty. There were efforts, of which we have a transcript in evidence, by which she tried to set aside that status of active service in connection with her suit. However, the suit is still pending in Germany. She had some individual property. By the way, she has broken absolutely with her children and all of her German relatives. She has not been in Germany since 1911, and she has not seen her husband since 1911. When the war broke out she went to Austria, where she could cash checks, and she hved in Austria and did not go to Germany; but when the United States entered the war she could not leave Austria and go to a neutral territory, because she refused to take a German passport. She was not prevailed upon to take a German passport until our military attache from S^vitzerland, in April, 1919, during the Bela Kun revolution in Budapest, saw this unfortunate woman there and told her she had tp take a German passport and go to Switzerland, and under those circumstances she did so, and she made her way to Switzerland in a train of cattle cars and arrived there penniless. EEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN, 5 Her German husband has her individual property, which she will never get back. Mr. Vaile. That constitutes the entire source of her husband's wealth, as I understand. Mr. Howe. That is so, sir; and he naturally opposed the divorce suit, because, under the German law, it would have some effect on his financial standing. In other words, the property would go back to her or the children' and be taken away from him. Mr. Rakee. What do you mean by, saying that her husband has possession of all her personal property ? Mr. Howe. When she married she had about $100,000, which, under the German law, went under the control of her husband. Mr. Wilson. Was that property money then, or what ? Mr. Howe. It was taken by her when she became of age in Ger- many and is invested in Germany in real estate and other things. Mr. Vaile. It was all produced in the United States ? Mr. Howe. It was aU produced in the United States. That she savs good-bye to. She never hopes to get that back. Mr. Wilson. Her entire possessions are in Germany ? Mr. Howe. AU her individual property is under the control of her husband in Germany. Mr. Vaile. . She can not get that back, regardless of the result of her divorce suit ? Mr. Howe. She can not. It has been dissipated, we understand. We can not get it back. There is some real estate, but, as I under- stand it, she has no chance in her lifetime of ever getting any of that back. Mr; Raker. What kind of property has she there in Germany which you say her husband has full possession of now ? Mr. Howe. There is an estate worth about $25,000 — ^land — and the rest is invested, I understand, in industrial stocks and things like that. Mr. SwoPE. What part of the Empire is that land situated in ? Mr. Howe. In Hanover. Mr. Rakee. What is the personal property now ? Mr. Howe. I do not know, and she does not know. It has been under the control of her husband for years, and she has had no com- munication with her husband since 1911. She does not know. She knows that as long as she remains legally his wife she can not get any of it back. Mr. Rakee. From 1914 on to the present time where has she been living ? Mr. Howe. In Budapest. Mr. Rakeb. AU the time ? Mr. Howe. Yes, sir. Mr. Rakee. How long has she been in the United States now ? Mr. Howe. She landed last October, under a certificate of original nationality granted by our State Department after investigation. Mr. Vaile. State what attempts she made to get here before. Mr. Howe. Through the Spanish Consular Service she tried to get back to this country after the United States entered the war against Austria and Germany. Mr. Rakee. Just how could she land as a United States citizen?. Have you got that passport or a copy of it ? Mr. Howe. Yes, sir; I have it here. 6 KEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTBN AS A CITIZEN. Mr. Rakee. I would like to have you piit it in the record. Eead it to the reporter. Mr. SiEGEL. Is that what is known as Form 228 ? Mr. Howe. I do not know, Mr. Siegel. It is very brief. Mr. Siegel. Read it. Mr. Howe (reading): Legation of the United States of America, • Berne, August 23, 1919. This is to certify that Mrs. Louise de Haven was born on Octol^er 27, 1867, in New fork City, in the United State? of America, to which country she is now returning ffith the permission of the Department of State. For the minister: J. W. Cakeoll, Third Secretary of Legation. Then there is a personal description. The back of the document is almost completely covered with the vis6s. Mr. Raker. I do not care for that, but just how could she get that certificate, being a German subject? Mr. Howe. This was given to her in lieu of a passport which she could not get as a German subject, and is a rather rare State De- partment document granted to people whose Americanism was thoroughly estabhshed on investigation there. Mr. Raker. I know, but does it make any difference if one had been an American citizen and afterwards became a German citizen or an Austrian citizen ? Did that change it ? ]yir. Howe. I believe that was the theory. I think these were granted to American citizens, or American-born women who had lost their nationality through marriage and who on investigation proved their loyalty to the United States while they were in enemy territory. Mr. Raker. Is there any rule of the department of that kind ? Mr. Howe. That is a well-recognized paper in the department. Mr. Siegel. That is generally known as Form 228, which has rarely been granted. They granted about 20 of those altogether, I beheve, for peoble to come from Germany here. Mr. Howe. As to the beginning of this, I have a letter from Col. Godson, who was United States Military Attach^ in Berne, which might perhaps answer some of the questions as to how she got this. Mr. Raker. What I am getting at is that they gave no passports to German subjects. Now, under what authority could the Depart- ment of State issue a passport to this lady, although she was horn in America, if she was at that time a German subject ? The Chairman. As a matter of state, in an effort to prove American born persons of known loyalty, apparently every one of them, in order to, establish that loyalty and maintain it, must have undergone great distresses, and if you have anything showing the original re- quest we would be glad to have it. Mr. Howe. Yes, sir. ]Mr. Raker. I Imow, but what I was getting at is the fact that that paper does not show but what she was an American subject, and, to the contrary, does show she was. Mr. Vaile. No, it says she was born in the United States. Mr. Raker. It does say she was an American subject, and being born in America the presumption is her citizenship continued, and she was an American subject and at the time the order was issued EEADMISSION OF AUGUSTA LOUISE DE HAVESr-ALTEN AS A CITIZEN. 7 she was an American subject, and nothing to indicate she was a Ger- man or Prussian subject at the time, l just want to know how it occurred, that is all. Mr. Howe. The only comment I can make is on that subject that if she had been an American citizen she would have received a pass- port. Mr. SiEGEL. I would suggest, Mr. Howe, that you read the corre- spondence which passed away back in April, 1919. Mr. Vaile. I would like to have Mrs. de Haven's affidavit go in the record. Mr. SiBGEL. We are going to put the affidavit in the record. Mr. Howe. Would it be the wish of the committee to read the affidavit ? The Chairman. No, the statements you made embrace that. Now let us have your correspondence. Judge Raker desires to know the proceeding by which this State Department form is issued. Mr. Howe. The first document bearing on the subject is the trans- lation of a letter of the chief of the French military mission ia Austria, to Col. Yates, our military attache in Bucharest, who had passed through Austria shortly before. This reads: Vienna, April 9, 1919. Gen. Hallier, chief of mission. ' To Mr. Yates, military attache of the United States at Bucharest. I have received a request for a paasport from the Baronness d'AIten, nee de Haven, who wishes to return to Berne, there to see about her divorce suit. This lady is recommended by you. I will be grateful if you will inform us if thia is correct and if you believe that, being married to a German, there is need to allow her to go to Switzerland. Gen. Hallier, By the Chief op Staff. Mr. Raker. What is the date of that ? Mr. Howe. It is dated Vienna, AprU 9, -1919. The reply is as follows : American Legation, Office of the 'Military Attache, / Bucharest {Roumania), April 14, 1919. Col. H. E. Yates, military attach^ of the United States at Buchanest. To Gen. Hallier, chief of the French military mission in Austria. In reply to your letter of the 9th instant, reference No. 8/4 concerning the Baroness d'AIten, nee de Haven, I have the honor to say that 1 recommended her to you and that there are no military reasons which should prevent her from returning to Berne. She is of a family very well known in America and she is a good American. H. E. Yates, Colonel, Military AttacM of the United States. Then she got permission to go from Budapest to Vienna. The next letter would carry the story on from there. This is a letter dated November 26, 1919, to me personally, from Col. Godson, who was our military attach^ in Switzerland. This reads as f oUows : Mr. Walter Bruce Howe, Care of Messrs. Carlisle, Howe & Swayze, 7 n Fourteenth Street NW., Washington, D. C. Dear Sir: With reference to Mrs. Louise de Haven von Alten, I met the lady in Vienna and her story, which is supported by Mr. Reineck of the American mission there, to whom she is well known, so excited my commiseration that I did all in my power to get her out of Austria. I am of the impression that the story as recited by you in your letter of November 10 is a pretty correct version of the matter. I cer- tainly think that she should be relieved and that her funds and income should well 8 READMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN". be restored to her; It seems too bad that a really deserving case should be subjected to so much unpleasantness, when so many so-called pro-Boche Americans are manag- ing to get away with it. I am sorry I can not give you a more satisfactory answer, because it is not in my power. As far as I was able to see the lady is a loyal American and the fact that she took a German passport was done by my advice and with my knowledge, as it was the only possible way in which she could get out of Vienna. When she came to Berne I assisted her to obtain her certificate of original nationality. While she was in enemy territory I have every reason to believe that her acts were entirely consistent with those of a good American citizen. This case is fresh in my mind, because it is about the only case that I know of where an American who remained in Austria or Germany did apparently act like a good American. Very truly yours, W. F. H. Godson, Colonel oj Cavalry, Military AttachL Mr. Rakek. Where does this German passport come in ? Mr. Howe. The German passport? Mr. Rakee. From Budapest to Switzerland ? Mr. Howe. It was from Vienna to Switzerland. She went from Budapest. Mr. Rakee. Have you got that ? Mr. Howe. No, I have not got that. Mrs. DE Haven. I tore it up as soon as I got my American pass- port. Mr. Vaile. Had Mrs. de Haven before that declined for any reason to take a German passport ? Mr. Howe. She had refused to take a German passport. Mr. Vaile. Explain that. Mr. Howe. She had written in 1918 and 1919 to the Spanish Consul, who was looking after American interests in Austria, asking his good ofRces to get her back to Switzerland, and he wrote that it was impossible for him to do that unless she took a German passport. Mr. Rakee. Is it not a fact, upon its face, that that passport simply shows her to be an American ? The Chaieman. Which passport ? Mr. Rakee. The one that he read in the record. The Chaieman. Listen to this again. I have examined this. It does not purport to be anything that it is not. [Reading:] Legation of the United States op America, Berne, August 2S, 1919. This is to certify that Mrs. Louise de Haven was born on October 27, 1867, in New York City, in the United States of America, to which country she is now returning with the permission of the Department of State. For the minister. J. W. Carroll, Third Secretary of Legation. Then there is a photograph and a description. It certifies that she was born in the United States, and it is used to give her per- mission to come to the United States in lieu of a passport which she could not get in that country. Mr. Vaile. And which she could get if she were an American citizen. It was given to her because she was not an American citizen, and is a bare representation of the fact of her birth. The Chairman. And it is a proper effort on the part of the State Department of the United States, through its agents, to salvage and protect those people born in the United States who, in stress of war in an enemy country, were loyal to the United States ? KEADJMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 9 Mr. Vaile. And who, without their fault, had the status of alien enemies, the equitable and legal status of alien enemies. Mr. Eakee. Of course, whoever assumes the citizenship of another country becomes the subject of the other country, and all its laws, rules, and regulations apply. Mr. Howe. Yes, sir. Mr. Raker. And they do not get back their citizenship by a mere declaration from the State Department. The Chairman. No; she has not got it, and she is here before Con- gress to get it. Mr. Vaile. That is the purpose of her present application. Mr. Howe. She would have it if she could get her divorce, but that is in the German courts. Mr. Raker. That divorce is still pending. Mr. Howe. Yes, sir. Mr. Raker. Do you know anything about where her daughters are? Mr. Howe. I do not. Perhaps she does. Mr. Raker. We will get that from the lady herself. You do not know? Mr. Howe. I know they are in Germany, married to Germans, and that she, when our country went into the war, broke with her daugh- ters because they were Germans. The Chairman. This affidavit says that her daughters are now alive, married to German officers, and living in Germany. [Reading :] My youngest daughter married first and went to live in England. In about 1904 I asked for a divorce from my husband and went to stay in England. Then my elder daughter became engaged to be inarried, and to relieve her of the embarrassment of the divorce proceedings I again returned to my husband. After my second daughter was married and in about the year 1906 my husband and I entered into a formal sepa- ration agreement which was to last four years, etc. And then she charges misconduct on the part of her husband. Mr. Raker. I read that. I was asking Mr. Howe in regard to a matter. Has Mrs. de Haven any property in the United States ? Mr. Howe. At the present moment, and literally, the answer to that is no, sir. She has, however, an interest in a trust estate created in 1873 at Chicago by Mrs. Abraham Bigelow, the widow of Admiral Bigelow, of our Navy. This fund is now held by the Northern Trust Co., of Chicago, as trustee. Mrs. de Haven's income since 1873, or when she became of age herself, has been from that in the neighbor- hood of $15,000 a year. Under the provisions of tbe trading with the enemy act, the Alien Property Custodian took all of her interest in that, present and future, and the Northern Trust Co. has been paying the income of it to the Alien Property Custodian since the date of the seizure in April, 1917, and her life interest is also seized. The Chairman. That is, her future interest is seized through the action of the Alien Property Custodian under the law ? Mr. Howe. Yes, sir. Mr. Raker. How much property has been taken over under this trust since the Alien Property Custodian has had charge of it 1 Mr. Howe. In the neighborhood of $40,000. We can get, of course, the exact figures on it. Mr. White. Would her restoration to citizenship automatically restore that interest ? Mr. Howe. No, sir. 10 EEADMISSION OF AUGUSTA LOUISE DE HAVEST-ALTEK AS A CITIZEN. The, Chairman. Would it give her the right to sue for it? Mr. Howe. She would not sue for it, but apply for it to the Alien Property Custodian. The Chairman. To receive an adjustment, and the theory of the law is that the Alien Property Custodian exists for that very purpose. Mr. Vaile. Let us carry it a little further. If her claim is not granted, as I understand it, it is at least very doubtful whether she can ever get this property at all. Mr. SiEGEL. She can not get it at all, because if this treaty goes through, as I understand it, then the property seized here by the Alien Property Custodian remains the property of the Government, and the property that was seized in Germany becomes the property of the German Government. In other words, unless Mrs. de Haven gets back her citizenship before the treaty is signed, I do not think she can get anything back except by a special act of Congress. Mr. Wilson. I do not understand that under the treaty the prop- erty of American citizens in Germany seized by the German Govern- ment goes to the German Government. Mr. SiEGEL. That is true, and the property seized by us goes to us. Mr. Wilson. And all the property seized here belonging to Germans is forfeited to the United States ? Mr. SiEGEL. Yes. The Chairman. There would not probably be any other way of determining litigation. Mr. Raker. That propertyj'now, about .140,000, is held by the Alien Property Custodian ? Mr. Howe. Yes. Mr. Raker. And he has also seized the equity or cestui que trust right in that property ? Mr. Howe. Yes. Mr. Raker. About what is that worth ? Mr. Howe. The whole estate I Mr. Raker. Well, her interest in the estate. Mr. Howe. It is a life interest. Mr. Raker. And amounts to what ? Mr. Howe. About 115,000 a year. Mr. Raker. And that has been paid to her up until we took charge of it under the law ? Mr. Howe. Yes. I will say that with this qualification, that late in 1916 communications were so interrupted between this country and Austria that the last remittance in 1916 and the early remit- tances in 1917 before our entry into the war did not go through. Those are now in the control of the Alien Property Custodian. Mr. Raker. Mrs. de Haven has been receiving that money during this time, living in Germany ? Mr. Howe. She has received no money from the United States. Mr. Raker. Up until it was seized in 1916? Mr. Howe. Yes, sir. Mr. Raker.. How many years before that date, 1916, had she received it ? Mr. Howe. Since 1874, since the will of Mrs. de Haven was pro- bated in Cook County, 111. Mr. Raker. It was regularly sent to her before that time ? Mr. Howe. Yes. EEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 1 1 The Chairman. I want to ask what knowledge Mr. Howe has of the attitude of the Alien Property Custodian toward this situation ? Mr. Howe. I saw the Alien Property Custodian himself- — ■ — Mr. SiEGEL. Will you name whom you saw, please ? Mr. Howe. Francis P. Garvin. I spoke to him of the ciroum- stances of this case, and of my intention to ask for a joint resolution for restoration to citizenship, and I asked his attitude on that, if he would be in favor of it, and he said "Highly in favor of it." Let me add just one more word. This lady has a sister named Campe, the widow of a Gerinan. She is the younger sister of this lady, who also in her early youth married a German, but that German died before the outbreak of the war. That sister has an equal share in the Bigelow estate with Mrs. de Haven. That lady, some time after Mrs. de Haven, succeeded in returning to the United States, and filed a claim with the Alien Property 'Custodian, and I am informed that her claim for the restoration of accumulations and interest in the Bigelow estate was allowed in about three days by the Alien Property Custodian after the filing of her claim. This lady can not file a claim because she is at law a German citizen. The Chairman. Let me ask you one question for the record. Mrs. de Haven, having returned to the United States, and residing in the United States for a certain length of time, would be entitled to a divorce here, would she not ? Mr. Howe. Yes, sir. The Chairman. What length of time ? Mr. Howe. It depends on the jurisdiction to which she would go, sir. The shortest time, the shortest residence in any of the States, is six months. The Chairman. But the necessity for this restoration to citizenship arises from your belief of others who have examined the papers that in order to claim her rightful estate she must act immediately ? Mr. Howe. Yes, sir. The Chairman. And ahead of the treaty settlement ? Mr. Howe. I believe so. Mr. Siegel. Besides that, according to the affidavit which I read, she is practically without means right now. Mr. Howe. She is inevitably and rapidly approaching utter desti- tution. She arrived in this coxmtry with a few hundred dollars of borrowed money, which she borrowed from a professor in Geneva. She and he used to play together when they were children, and he knew her father; and he loaned her this money^ — and he is not a rich man — and when that money is gone Mrs. de Haven will have nothing to live on, and that, money will be gone before she could ever get a divorce in this country. Mr. Raker. If this resolution was adopted, Mrs. de Haven would then obtain her citizenship as an American citizen ? Mr. Howe. That is right. Mr. Raker. She would still be the wife of the German husband ? Mr. Howe. For a few months, yes, sir; she would. Mr. Raker. She would be his wife under all the rules and regula- tions, governing and controlling the marriage relation between a, German and an American. Mr. Howe. There is no doubt about that, sir; except that by per- mission of the German court she lives apart from him now, but she i^ his wife. 12 READMISSION OF AUGUSTA LOUISE DE HAVEN-ALTBN AS A CITIZEN, Mr. Raker. Your first statement was that all her property upon the marriage went to the husband ? Mr. Howe. To the cuatody of the husband. Mr. Rakeu. This property now would be then in the custody of the •husband, who would be entitled to it, if at all? Mr. Howe. To her individual property, but not to the trust property. He has nerer touched her income from the trust estate. Mr. Raker. It is not what he has touched. I am asking as to the legal effect of it, if you are familiar with it. Of course, if you are not, we would like to get other evidence on the question. Upon her being placed in the status of an American citizen, she is still the wife of a German subject. Mr. Howe. Yes, sir. Mr. Raker. That being the case, under the German law is he entitled to this property as her husband ? Mr. Howe. No, sir; not under the terms of the trust, which gives lier this property. Mr. Vaile. He is not entitled to the trust property? Mr. Rakeb£. I am just seeking information, and before this matter is concluded I would like to have some agent of the Alien Property Custodian investigate it and report in regard to the subject. Mrs. DE Haven. The will is there. In my grandmother's will she says that our husbands shall have nothing to do with her property. The Chairman. I know; but can such a will — such a provision in a. will; — stand against the right of a husband ? Mr. SiEGEL. Oh, yes; certainly. Mr. Raker. Have you looked that matter up ? Mr. Howe. Yes; and I have a copy of the will. Mr. Raker. I do not care for tiie will. What is the German law ■on the subject, do you know ? Mrs. DE Haven. He can not touch it. Mr. Raker. Well, have you investigated it ? Mr. Howe. I can not give you information on that, on the German • law. Mr. Raker. You are not in position to advise the committee as to the legal status of her husband ? Mr. Howe. I am in position to advance my very serious opinion as a lawyer that Mrs. de Haven, receiving this mcome under the provisions of an American will which gives it to her sole use, that imder the law of Germany or no other country could the husband take that income as derived. I also wish to state that the husband lias never taken that income, and from what I hear of the husband, if ie had stood one chance in a hundred of getting that money during the time they were married he would have gotten it under the German law. Mr. Raker. Well, he could not get it before it was due each year ? Mr. Howe. He could not possibly get this income before it became due. Mr. Raker. I. say he could not get the income before it became due each year, but as it come due and as it was sent over to Germany irom your statement now it appears that he did get it. Mr. Howe. You misunderstood me, sir. Mr. Raker. That he did get enough of it, and whatever property she now has he has control of it, if it is the proceeds of that trust property. That is correct, is it not ? EEADMISSION OF AUGUSTA LOUISE DE HAVBN-ALTEN AS A CITIZEN. 13' Mr. Howe. No, sir; it is not. Mr. Rakee. Explain that to us. Mr. Howe. When this lady, then a very young lady, married her husband, she had just come into an inheritance directly to herself from her mother's estate slightly in excess of 1100,000 which she owned outright and which was not the proceeds of her grandmother's estate or any part of it, and that individual property of hers which she had inherited from her mother was what her husband got hold of. Mr. Eakee. Then he has not received any of the money that has come from this estate ? Mr. Howe. No, sir. No; that is definite. Mr. Eakee. The separate account and use of it has been hers all these years ? Mr. Howe. Yes. The Chaieman. Do you know whether at any time he made personal application for that income ? Mrs. DE Haven. Yes. The Chaieman. He did appeal for it ? Mr. Howe. Yes. The Chaieman. But he never undertook to secure the same at law ? Mrs. DE Haven. The Northern Trust Co. wrote him that he had nothing to do with this money. The Chaieman. At any time in any of these separation agreements did she make any stipulation as to a division of this trust fimd income ? Mrs. DE Haven. Never. The will was there. It was not necessary. The Chaieman. He never appealed to you in any of these separa- tion agreements, or never secured from you any agreement as to any division of that money? Mrs. -DE Haven. No. The Chaieman. You claimed that as your own, and knew it was yours in your own right? Mrs. DE Haven. Yes. The Chaieman. How about the children? Mrs. DE Haven. They had nothing to do with it. The Chaieman. And they have no claim in it now, you think? Mrs. DE Haven. No claim. Mr. Kleczka. They would have claim in the event you died, however ? Mr. Howe. Yes. Mr. SiEGEL. She can dispose of it by will, can she not? Mr. Howe. No; it goes to her issue. Mr. SiEGEL. What does the trust provide ? Mr. Howe. Income to Mrs. de Haven for life, and on her death the corpus of the estate goes to her issue, to her children. Any applica- tion that she could make to the Alien Property Custodian could not release the remainder, the capital amount of this estate. It would merely be the income. The capital amount would remain in the possession of the United States. The Chaieman. So if she did not receive relief through an act of Congress,, and did not become divorced in time, the income might be held by the Alien Property Custodian indefinitely, and revert to the United States, but the fund itself would be held m the United States indefinitely, to be sued for in the course of time by her issue ? 14 BEADMISSIOSr OF AUGUSTA LOUISE DE HAVBN-ALTEN AS A CITIZEK. Mr. Howe. Yes; but her issue could not sue for it, sir, as they are Germans. The Chairman. They could not now? Mr. Howe. No. Perhaps by future legislation they might. The Chairman. But if they did not have that right to sue after a treaty, the fimd itself would pass into the Treasury of the United States ? Mr. Howe. That would depend upon future legislation of Congress, sir. Mr. Kleczka. But in the absence of legislation curing that situa- tion, upon her death the corpus will revert to the Treasury of the United States? Mr. Howe. Yes. Mr. Raker. When did you first consult with Mrs. de Haven on this matter? Mr. Howe. Upon her arrival in this country,, but I had correspond- ence with her beforehand. > I will be very glad to explain that. Mr. Raker. This proceeding here under this resolution, as I gather it, is evidently and primarily for the purpose of hoping to secure the ■ rights to that property? Mr. Howe. To the income. Mr. Raker. Well, that is property. Mr. Howe. Yes. Mr. Raker. There are $40,000 you say which is in the custodian's hands now. She desires to receive the income from that property as it comes in in future years ? Mr. Howe. That is so, sir. There is, however, I wish to assure you, a very earnest desire on the part of the lady, independently of that, to be an American citizen and an ever-present horror of being a German citizen, but primarily the object is the recovery of this money, sir, because imless she recovers it she starves to death or becomes an object of charity. Mr. Raker. You are apprehensive that in the disposition of this money under the treaty the Government might retain it ? Mr. Howe. I am, sir; and it is not apprehension, it is a certainty, that unless this lady is afforded speedy relief she wUl be destitute. Mr. Kleczka. How many children has she ? Mr. Howe. She has two daughters. Mr. Kleczka. Both married ? Mr. Howe. Both married to Germans and living in Germany. She has broken off relations with them. Mr. Raker. This sister is pretty well to do now, is she not ? Mr. Howe. Her sister has her income back, yes, sir; but this lady and her sister are not on terms. Mr. Kleczka. Where is that sister living ? Mr. Howe. I do not know, sir. Mr. SiEGEL. She has returned to the United States, though? Mr. Howe. Yes. Mr. Siegel. By that you mean that she is living in the United States, but you do not know exactly where ? Mr. Howe. As far as I know, sir. I know she was here a month or six weeks ago, because I learned that at the Ahen Property Cus- todian's office. Mr. Raker. What amount did the sister obtain of the property do you know ? ' BEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 15 Mr. Howe. I do not know, sir; but I presume she had very close . the same amount as the amount of the property of this lady held by the custodian. Mr. Raker. $40,000 or $50,000 ? Mr. Howe. Something of that sort. Mr. Raker. Did you make inquiry to find out at the Alien Property Custodian's office to determine? Did you make investigation to find out ? Mr. Howe. I inquired there from the man in charge of what they call section 9, where these claims would be filed, if a lady named Campe had put in a claim, and he said she had and the claim had been allowed. I have no formal proof of that. Mr. Rakek. If the object is primarily to obtain property, why do you come to Congress to get such an extraordinary relief as to have her declared an American citizen, rather than to take the ordinary course that is laid down for aU cases, and if this lady does not desire to reraain with her husband and has a just cause for divorce, proceed by the usual method ? Mr. Howe. Because under the usual method in no jurisdiction in this country can she hope for a divorce in less than seven or eight months from now. Mr. Vaile. And because under the usual method the very relief you want could not in any event be obtained if peace is declared promptly ? Mr. Howe. I have very grave doubt, if peace is declared in the meanwhile, whether her restoration to American citizenship would allow her to recover her money. Mr. SiEGEL. Well, as a matter of fact, my construction of the treaty is that she could not get anything. Mr. Raker. Then this is to anticipate the adoption of the treaty ? Mr. SiEGEL. I would not construe it in that way. Mr. Raker. I know; but this gentleman is a very clean, very clear witness, and I am asking for his view of the matter. Mr. SiEGEL. I have no objection to his giving his view. Mr. Raker. Surely you nave no objection. I realize that. But let me have it without interruption. Brother Siegel. Mr. Howe. I have thought of that phase of the matter, and I have very grave doubt, sir, of her getting back her money if the treaty goes through. Mr. Raker. You said there is such an immediate emergency in the matter. Is not that really the primary proposition ? Mr. Howe. No, sir; the thing t-hat strikes me as the immediate emergency is the fact that unless this lady gets relief she will be peimiless. Let me tell you the circumstances. She arrived in this country Mr. Kleczka. When ? Mr. Howe. On October 21, 1919, with about $4,000 in her pocket, which was borrowed from this old Swiss professor. From -that she paid $500 back to the Northern Trust Co., which it had advanced to her without security to pay her passage to this country. She paid a man in the State Department, an official translator there, a good round sum for a translation, for my benefit, of the papers in her German divorce suit, so that I could be informed about it. She paid down a retainer of a few hundred doUars to the best attorney I could find in a Western State to investigate and advise me of her chance of a divorce in this country, as to the time it would take, and 16 EBADMISSION OF AUGUSTA LOUISE DE HAVEN- ALTBN AS A CITIZEN, of her prospects. She came to me and said she had always been, used to a certain amount of money, and that she had hved within, that, and on less than that she was a spendthrift, and that she was afraid that if she retained control of these few hundred dollars, that is, about $3,000 that were left, she would spend it too soon, and much against my will she turned over every cent of that to me under a private trust agreement, and I have been handing it out, paying the hotel bills in as cheap a hotel as I could find, and handing it out to- this lady $10 at a time when she came around to my ofiice, and we are nursing that, every cent of it, as close to our chest as we can. But it will not last seven months. That is my immediate appre- hension and worry, and why I ask this relief of Congress. If she had had money I would not have done this. Mr. Rakeb. That is getting back to the difficult question involved. You stated this is a very urgent matter. One of the reasons for urgency consists in securing legislation before the treaty of peace i& signed ? ' Mr. Howe. That is one aspect, sir ; there is no doubt of it.- Mr. Rakee. And you found on your investigation through your associate in the Western State that the earliest time a divorce could be obtained would be within six months? Mr. Howe. Before it could be filed. I estimate seven or eight months before she could be absolutely divorced. Mr. Raker. You passed October, November,. December, and Jan- uary, being the past four months, already. Mr. Howe. Yes, sir; because I concluded in October that her fees and her legal expenses in the West would use up her money, and she would be out West, unknown to anybody, without friends, without a relative in this country, long before she could get her divorce, and I took the chance of asking Congress for this relief in the hope that I would get it in three or four months, rather than waiting eight months. I gambled to that extent with my client's welfare, because she did not have enough to last seven or eight months. Mr. Vailb. You gambled to that extent on the fairness of the Congress of her own country? Mv. Howe. Gentlemen, I thought we heeded this old woman who wore an American flag on her breast all the time the United States was in the war, when she was in Austria, and devoted her time to the amelioration of the iutemed British prisoners there, and stood out among them all as a good American; I thought we needed her citizenship more than we needed her money, and I believed that Congress would do this. The Chaieman. Do you see why the United States should hesitate to salvage a former citizen and the daughter of a fighter for the pro- tection of the United States, and salvage to her wnat can be saved of her property ? Mr. Howe. Sir, I do not. Mr. Vaile. What is Mrs. de Haven's husband's business ? Mr. Howe. He has no business, as I understand it. He is a re- tired German army officer. Mr. Vaile. Did he ever engage in the profession of any learned- profession, or any industry ? Mr. Howe. No, sir. Mr. Vaile. Did he ever create any wealth? Mr. Howe. No, sir. EEADMISSION OF AXJGTJSTA LOUISE DE HAVEST-ALTEN AS A CITIZEN, 17 Mr. Vaile. Since he has been married has he had any means of support aside from the personal property of Mrs. de Haven ? I am not now referring to the trust estate, but the personal property in the possession of Mrs. de Haven ? Mr. Howe. No, sir. Mr. Vaile. None whatever. Mr. Howe. No, sir. Mr. Vaile. And that was all created in the United States? Mr. Howe. Yes. Mr. Vaile. Every cent of it ? Mr. Howe. It belonged to Mrs. de Haven's mother; yes, sir. Mr. Vaile. In the creation of it he contributed nothing ? Mr. Howe. That is correct. Mr. Vaile. And that wealth in the beginning amounted to about $ioo,opo« Mr. Howe. Slightly in excess' of that, sir. Mr. Vaile. And that, as far as you know, from the best evidence she has, is now practically dissipated down to about $25,000 ? Mr. Howe. As far as we know, and that is what we believe. Mr. Vaile. The other part of her property consists of the income from a trust fund of about $15,000 a year? Mr. Howe. Yes, sir. Mr. Vaile. That wealth also was created in the United States? Mr. Howe. It was. Mr. Vaile. And like the first class of her property was created by Americans ? Mr. Howe. It was. Mr. Vaile. Americans who had rendered distinguished service to the United States in time of war ? Mr. Howe. There is no doubt of that, sir. This lady's family has aU been in the Army and Navy. She lost a half brother in our Army in this war. Mr. Vaile. Now, as to the first item of her property, her indi- vidual estate, to which she came into actual possession, that, as I understand it, is gone, no matter what happens. Mr. Howe. That is hopelessly gone. Mr. Vaile. What remains of it will always be, as long as it lasts, in the custody of her husband, whether he is divorced or not ? Mr. Howe. I can not say that, sir, if he is divorced. As I under- stand it, some of that would, if it existed, be returned to her, and some of it would remain for the support of their children — ^her daughters. Mr. Vaile. At all events, he has absolute control of it now? Mr. Howe. Yes. Mr. Vaile. And to divest him of such control would require legal proceedings in Germany ? Mr. Howe. It would. Mr. Vaile. As to the other part of her wealth upon which she has been living in the past, I understand that her husband would be glad to cease his resistance to her divorce suit if that could all be assigned to him; that is true, is it not? Mr. Howe. I did not quite get your question, sir. 162996—20 2 18 EEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. Mr. Vaile. If she would make a financial settlement with her husband, assigning to him this trust income, he would cease his opposition to her divorce suit ? Mr. Howe. I thiiik there is no doubt of that. Mr. Vaile. And as to that trust income, the alternative that is now presented is one of three things, as I get it, either to make a settle- ment with him which involves the transfer of that money, or a large part of it, to him, as a condition of obtaining her freedom; first, or, second, to allow it, to be retained permanently by the Government of the United States— well, there is no third, is there? Those are the two alternatives. Is there any other alternative that you can think of? Mr. Howe. Yes, sir. Mr. Vaile. And third, having the rehef which she now asks ? Mr. Howe. Yes, sir. Mr. Vaile. From Congress ? Mr. Howe. Yes, sir. Mr. Vaile. So that if the relief which she now asks is not granted by Congress, either the United States Government tvill retain aU of this trust fund, or she will have to compromise with her husband by giving him a large part of it ? Mr. Howe. By giving him an opportunity to subrogate her rights, whatever they are, in that fund. Mr. Vaile. Now, has any evidence been produced anywhere that you know of that Mrs. de Haven would be an undesirable citizen of the United States? Mr. Howe. No, sir. Mr. Vaile. She is a woman of education and refinement ? Mr. Howe. She is. Mr. Vaile. She was born in the United States? Mr. Howe. She was. Mr. Vaile. She has an ancestry of Americans back of her who have rendered distinguished service to the Government? Mr. Howe. Indeed she has. Mr. Vaile. Do you think, Mr. Howe — ^I am asking for your judg- ment now as an American citizen — that she will be a less desirable citizen of the United States than a large portion of those that are getting in every day under the general laws ? Mr. Howe. She would certainly be no less desirable than those. Mr. Vaile. Except for the financial benefit to the Government of the United States by virtue of the confiscation of this trust property, ■^ould there be any benefit to the Government by not admitting her to citizenship ? Mr. Howe. None. Mr. Kakee. Now, Mr. Howe, you have confidence in your Govern- ment, have you not? Mr. Howe. I have, sir. Mr. Eaker. If you have a fear that this treaty of peace wiU be shortly approved and might cut off any question as to this fund, and if Mrs. de Haven has a good claim, why do you not go right on with your proceedings and demonstrate by her actions in this country that sne does not desire to live with her husband, and secure the divorce provided for tmder the law of such State as she might become I a resident of, and then present your claim to the Government for reimbursement because of the conditions ? READMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 1 9 Mr. Howe. My answer to that is that if I presented that claim, I would present it on behalf of the executors of Mrs. de Haven's estate, and not for Mrs. de Haven. Mr. Raker. Why do you make that statement ? Mr. Howe. Because that would take too much time. The lady has no money to live that length of time. Mr. E.AKEE. You mean that if after she had proceeded in the ordinary coiu'se and had obtained a divorce and demonstrated as a fact that she did not intend to live with her husband; and would make her declaration of intention to reside in the United States that it would take too long to secure her claim from the Government ? Mr. Howe. No, sir; it will take her too long to obtain her divorce. She has- not the money to live until she can get the divorce. Mr. Eakee. I thought you said she had about $3,000. Mr. Howe. She has got about $1,700 now. I hold that for her. Mr. Raker. Is she not able to take care of herself in any way, to do any work of any kind ? Mr. Howe. She can earn no money, sir. Her health is absolutely shattered. She has never had any equipment to earn money. Mr. Vaile. Suppose the peace treaty with Germany is signed next month, can she get that money at all ? Mr. Howe. The peace treaty provides, sir, that no person may make claim on the Government. Mr. Vaile. Do you know, as a lawyer, of any State in this Union where one can secure a divorce against a person residing abroad without personal service ? Mr. SiEGEL. Or publication ? Mr. Vaile. You can not publish against a person residing abroad. Mr. Howe. There are States in which you may publish against a person residing abroad. Mr. StEGEL. It requires two years. Mr. Howe. It takes time. Mr. SiBGEL. One is by publication, and one is by personal service at the same time, Mr. Vaile. That is what was involved in my question, personal service. Mr. Kleczka. What would the grounds for the application for divorce be, cruel and inhuman treatment ? Mr. Howe. Lack of support, cruel treatment, and adultery. She is in position to prove adultery in Germany. It would be difficult to do it here. Mr. Kleczka. It would be very difficult. Mr. Howe. .Yes. Mr. Kleczka. It would be very difficult to prove cruel and in- human treatment, too, unless she produced witnesses who reside in Germany who knew of the facts ? Mr. Howe. Yes, it would. Nonsupport would be the ground. Mr. SwoPE. Is it not a fact that she could not get any witnesses to prove any of these causes for divorce, without bringing them from Germany ? Mr. Howe. Except nonsupport. Mr. SiEGEL. She, of course, could prove the facts by deposition, but that would take a great deal of time. 20 EBADMISSION OF AUGUSTA LOUISE DB HAVEN- ALTBN AS A CITIZEBT. Mr. Howe. I have the opinion of a very well qualified attorney in a western State that she could secure a divorce there on what she is able to prove. Mr. Wilson. Just eliminating this divorce question, which may be a matter of some uncertainty, I understand that the basis upon which we are asked to recommend this resolution to the House is that Mi-s. de Haven's husband, from whom she desires a separation, is a German subject and loyal to Germany, and with what property she has carried to Germany in his possession and under his control, her resultant interest in that is of a doubtful nature ? Mr. Howe. Yes. Mr. Wilson. And her ability to get control of it is something that is also very doubtful and uncertain, and that she is loyal to America and has been and is forever done with this German husband, and expects to live here, and in order to be able to sustain herself she desires to get possession of her income from this trust left by her Mr. Howe. Grandmother, the widow of Admiral Bigelow. Mr. Wilson. And, further, under this will this property is in America and its disposition controlled by an American trust company ? Mr. Howe. Yes, sir. Mr. Wilson. And payable only to her ? Mr. Howe. Yes, sir. Mr. Wilson. And at the present time it is under the control of the Alien Property Custodian ? Mr. Howe. That is it. Mr. Wilson. And she can only get it at this time by the adoption of this resolution restoring her to American citizenship ? Mr. Howe. That is it. Mr. Vaile. And probably can only get it at all by the adoption of this resolution ? Mr. Siegel. She will never get it at all unless this resolution is adopted. Mr. Wilson. That is the basis on which we are asked to recommend this resolution? Mr. Howe. Yes, sir. Mr. Raker. Are you in favor of an American, who was born here and who went to Germany and became naturalized under the German law, being granted the privilege now of returning to the United States and having a special bill presented for relief to become a citizen of the United States for the purpose of obtaining property, a man? Mr. Howe. No, sir; I am afraid not. Mr. Eaker. Are you in favor of legislation now, or the relaxation of the present laws, passport, and otherwise, allowing .a German sub- ject to come to the United States now and become naturalized for the purpose of obtaining property that the Alien Property Custodian has m his possession ? Mr. Vaile. Will you pardon an interruption there. Judge Raker? Mr. Raker. I will. Mr. Vaile. I think you misstated the situation. Mr. Raker. I am not referring now to anything in this case at all. Mr. Vaile. I want to refer to something in this case to enlighten you. She is not naturalized under the German law. She did not become a German citizen under the German law. Mr. Raker. I did not say anything about this woman at all. These are hypothetical questions. KEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 21 Mr. Vaile. You based your question on the theory of an Anaerican woman becoming a German subject under German law. She became a German subject under American law. Mr. Eaker. I did not refer to the woman. I avoided the woman entirely. I said man. The Chairman. These are not hypothetical questions running to this case. They are general question. Mr. Raker. It is going to tne legislation, however. Mr. Vaile. That is what I am referring to. Mr. Raker. You misunderstood me, Mr. Vaile. I did not refer to a woman becoming an American at all. I will get to that in just a moment. Did you get my last- question ? Mr. Howe. I got as far as you went. Mr. Raker. Would you be in favor of a German subject coming to this country now, and the relaxation of our laws to the end that he might become naturalized for the purpose of obtaining property in the hands of the Alien Property Custodian ? Mr. Howe. Not a man or a single woman. If a married woman, yes; on account of the disabilities of married women under the laws of most countries. Mr. Raker. Then you would be in favor of a German-born woman, the subject of Germany, coming to this country and the-relaxation of our rules and regulations to the end that she might become an American citizen, to the end that she might obtam property now in the hands of the Alien Property Custodian ? Mr. Howe. No, sir; not a German-born citizen. Mr. Raker. Now, are you in favor of the law on the, statute books now, that a woman, an American citizen, who marries an alien, shall take the citizenship of her husband ? Mr. Howe. Yes, sir,; I am. Mr. Raker. Do you think that is a good law? Mr. Howe. I do. Mr. Raker. But you are willing now and anxious by this resolu- tion to change that law for the specific case, and for the Congress of the United States, by a joint resolution, to pass an act to the end that a party who has married a German subject and has lived in Germany for years, who has raised children there, who are now in Germany and married to German subjects, with grandchildren, if they have them, may come to this country and have Congress pass legislation whereby she would be made now an American citizen by a special act, to the end and for the purpose of obtaining property now in the custody of the Alien Property Custodian ? Mr. Howe. Yes, sir; in this case I am, because if she were a widow, or if she were divorced, by her return to the United States she would immediately become again an American citizen, although she had been through aU the experiences which you indicated in your ques- tion, although in that case she had been even the lowest absolutely of all American citizens during her absence. The Chairman. And for the further reason of the distress and in- volved property situation that are the result of the late war between these nations ? Mr. Howe. Yes, sir. Mr. SiBGEL. Now, -Mr. Chairman, I believe the record should con- tain the affidavit of Mrs. de Haven, and I request that it be put in the record. 22 KEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. The Chairman. Without objection, it is so ordered. Mr. SiEGEL. And, in addition to that, I think we should put into the record a short memorandum showing her relatives, who they were in this country, and what they did. The Chairman. Her ancestors ? Mr. SiEGEL. Her ancestors. The Chairman. Without objection, it is so ordered. Mr. SiEGEL. In addition to that, I ask that all the correspondence which has passed between our mihtary attaches and others in regard to her case be put in the record. It is not very long, just four or five pages. The Chairman. Without objection, it is so ordered. (The matter referred to is as follows:) District of Columbia, ss: Augusta Louise de Haven- Alten being duly sworn deposes and says: I was born in New York City, October 21, 1867. My father was Capt. Joseph Edwin de Haven, formerly of the United States Navy. My mother was Amelia Bigelow, whose father was Admiral Abraham Bigelow of the United States Navy. My parents and all my ancestors for many generations were American bom. Practically all my male relatives on both my father's side of the house and on my mother's side served in the Army or Navy of the United States in some one of our wars. My Grandfather Bigelow was appointed midshipman in 1812, and during the War of 1812 served with distinction on the President frigate and on the brig Spark. Thereafter he served for 45 years in the Navy until he resigned March 1, 1857. My father was bom in Pennsyl- vania, T?as appointed a midshipman from Kentucky, in 1841, and during the Civil War served on the U. S. S. Colorado, commanded the U. S. S. Penobscot, the U. S. S. Lehago, the U. S. S. Tallapoosa. He was severely wounded. He resigned May 30, 1865. My father's cousin was Edward Joseph de Haven of the United States Navy, who also served in the Civil War and in 1850 commanded the United States Grinnell expedition to the Arctic for the relief of Sir John Franklin. The late John B. Bigelow, ambassador to France under President Lincoln, was my granduncle. My mother's brother was Lieut. Commander George Bigelow, who served in the United States Navy with credit, in the Civil War. 1 had two half-brothers. One of them Halstine Joseph At-Lee de Haven, served in the French Army during the present war. 'The other, Edwin A. de Haven, was a corporal in the Engineer Corps of^the United States Army, and died in the service in 1918. My mother died in New York when I was 2 or 3 years old. After my mother's death we went to live with my Grandmother Bigelow in Chicago. Soon after the Chicago fire my grandmother and my father took me and my sister^ to Paris. After living there a short while my father rented and afterwards bought a villa near Geneva, Switzerland. There my grandmother died in 1873. After a few years my father married a second wife who was a Swiss. During my father's life we revisited the United States several tinies. I was in Washington visiting my married sister Mrs. Towsen Caldwell at the time of my father's death which occurred when I was 14 or 15 years old! After my father's death I went to live in Geneva with my stepmother. When I became 18 years of age I came into the possession of an inheritance from my mother of a little more than 1100,000. At the same time I began to receive the income from a trust established by my Grandmother Bigelow in her will. This trust was created for the benefit of me and my two sisters, and my share of the income has always been in excess of $15,000 a year. The Northem Trust Co. of Chicago is now the trustee. The trust property consists largely of Chicago real estate, which was acquired by my Grandfather Bigelow before the fire and when Chicago was relatively a small place. I hear that there were only 40 houses in the place. On my nineteenth birthday I married the German Baron Eberhard von Alten who was then a German officer. He had no means. I met him when he was studying French m Geneva. I think it is unlikely that I would have married a German had my father lived. He did not care for the Germans. I could not speak German I have learned very little of it since. Two daughters were the issue of this marriage. They are now alive, married to German officers and living in Germany. My marriage was not happy. When first married I went to live in Germany. After the birth of my first child and before the birth of the second J ran away from my husband and returned to my stepmother in Germany. _ For my small daughter's sake I was persuaded to return to him. I con- tinued to live in Germany bringing up my children with the help of an English gov- EEADMISSION OF AUGUSTA LOUISE DE HAVEN-ALTEN AS A CITIZEN. 25 eraeas. My youngest daughter married first and went to live in England. In about 1904 I asked for a divorce from my husband and went to stay in England. Then my elder daughter became engaged to be married and to relieve her of the embarrassment of the divorce proceedings I again returned to my husband. After my second daughter was married and in about the year 1906, my husband and I entered into a formal separation agreement which was to last four years. During these four years I traveled and only returned to Germany for short visits to see my children. In 1911, after the expiration of the agreement my daughters persuaded me to return with them to our country place for a short visit. L learned, that while I was at our country place my husband was there guilty of misconduct with one of my servants. I left my husband and Germany forever in 1911. I have never since seen him nor have I since set foot in Germany. In 1912 I instituted a divorce proceeding agiinst my husband in Hanover, Germany, alleging the a'Dove-mentioned misconduct as the cause. The divorce suit Was heard in the court of first instance in May, 1914. The misconduct of my husband was proven by the sworn testimony of the guilty servant and this testimony was not disputed. The court however, in a labored opinion refused to grant the divorce although it did not adjudge me guiltv of any misconduct. This judgment was appealed at once to the superior court at Celle. The date for the first hearing of the appeal was fixed on June 24, 1914. The superior court ruled that before passing on the appeal mor& evidence must be heard to show the notoriety of my husband's misconduct. An order to produce this evidence was issued in January, 1915. Owing to the conditions; caused by the war the witnesses could not be promptly called and then in October, 1915 the whole proceedings was suspended. This was because the German law would not permit litigation against German officers on active duty!* My husband who had resigned from the Prussian Army many years before had on his own application been assigned to duty in a safe place on the lines of communication which, however, gave him an active-dutv status. The court suspended proceedings on his application and the efforts of mv lawyers before the armistice did not succeed in setting aside the- order of suspension. I am advised by letter from my German attorneys that the suit has been recommenced and that the decision of the superior court may be expected some time this year. I am further advised that if the action of the superior court is-. favorable to me there will nevertheless be an interlocutory period of at least six months iDefore the court's decree can be made final. While the divorce suit was pending the lawyer for my husband offered a financial settlement to my lawyer. The substance of it was that by giving up most of my income and renouncing my capital, matters could doubtless be arranged. Messages were also sent showing that the divorce was contested solely because of my husband's desire to continue to hold my property. I fear that his interest in holding on to my property will induce him to bring all possible influence to bear to defeat or to prolong the suit. Under the German law all my individual property passed into the custody of my husband on my marriage. He still controls all my individual property. Never since- I have left him has he sent me any of the income from my individual property. I am advised that there is little hope of regaining any of my individual property or its' income for many months or years; perhaps never. Aside, from my individual property in the hands of my husband and my beneficial interests in the Bigelow estate I have absolutely no property in the world. On March 25, 1918, the Alien Property Custodian made demand on the Northern Trust Co. for moneys of mine in its possession and shortly thereafter made demand on the Northern Trust Co. for all of my interest, past, present, or future, in the Bigelow estate. Therefore under the provisions of the trading- with-the- enemy act the Alien Property Custodian now holds the right to all my future income. He holds accumu- lated income for nearly 20 months. This has been turned over to him by the Northern Trust Co. Late in 1916 my income was remitted to me monthly by the Northern Trust Co., through the Trans-Atlantic Trust Co. of New York, to the Un^arische Allgemeine Creditbank in Budapest, where it was turned over to me. Late in 1916 these remit- tances stopped coming through. I therefore am advised there must be more than a year's income to my credit in the TranS-Atlantic Trust Co. All the funds of the Trans-Atlantic Trust Co. has been seized by the Alien Property Custodian, and I am further advised that until I am again an American citizen I can not reclaim that accumulated interest. When the war broke out in 1914 I was living in Switzerland. At that time all credit stopped and I was unable to obtain a,ny money. I therefore went to Budapest where I had friends who took care of me and I continued to remain in Budapest. When remittances stopped coming late in 1916 I had to borrow money in Budapest ta live on. I, also sold my jewelry and also all personal effects that could bring money. 24 KEADMISSION OF AUGUSTA LOUISE DE HAVEBT-ALTEN AS A CITIZEN. On the proceeds I continued to live until I succeeded in getting to Switzerland in the spring of 1919. When I reached Switzerland I met a Swiss gentleman who knew my father, and with whom I used to play when we were both children. He is a professor. He succeeded in borrowing for me 100,000 Swiss francs for which loan he is himself responsible. With this fund I paid off all my debts everywhere and when on the 21st day of October, 1919, I landed in New York I had little more than $4,000 of this bor- rowed money left. The lender can not afford to be kept waiting and I am most anxious to pay the loan. I am, of course, unable to repay it unless the property held by the Alien Property Custodian isTeturned to me. When what is left of that $4,000 is gone I shall have absolutely nothing and I do not know what will become of me. None of my near relatives are alive in this country. I hear Mrs. Caldwell died two years ago. When war was declared between Austria and the United States I started to make efforts to get to Switzerland and back to the United States. I did not cease in these efforts until they were successful in the spring of 1919. I had to apply to the Spanish consul. I would not accept or travel on a German passport when my country was at war with Germany. The Spanish consul tried to help me but without success. About February, 1919, riots and revolution broke out in Budapest. On the day of the outbreak an immense mob was resisted by soldiers and police near the hotel in which I was. After the conflict some 30 dead and many wounded lay in the street near my hotel. The dead bodies were brought in the corridor of my hotel where I was at the time and then the mob came in and seized everything in the dining room that could be eaten and drunk. The disturbance lasted all night. English officers who had been staying in the hotel were not permitted to depart and there were threats against their lives. I sat up all night in my room with a number of men and women and we were in fear of our lives. At this time there were several American officers in American uniform staying in the same hotel. They said that they were unable to help me or other American-bom women because they said their mission was merely one of investigation. They were unable to listen to our appeals for help because we were married to Germans or Austrians but their presence in the hotel at the time had the effect of protecting us. My door and the doors of their room were marked to show that there were Americans inside. In this situation I decided that I had to accept a German passport. I did not go myself to the German authorities to ask for it, but I sent a friend, who obtained it for me. Arrangements were made for a train to take German refugees back to Germany. I became one of these German refugees. We were put into uncleaned cattle cars, and as the train started the mob cursed us for Boches. The train took 24 hours to reach a point on the outskirts of Yienna. The Germans went on toward Germany and I got off in the railroad yards. All I had with me was two small handbags. I had gotten nothing to eat or drink on the train. Two men helped me with my hand baggage and one of them disappeared with my bag. A drunken man took me on his cart to my hotel, where I arrived with the equivalent of $6. My dressmaker lent me some money to live on. She also gave me credit for new clothes. The revolutionaries in Budapest had seized all my other clothes. Throughout the war I had done my best to assist English interned prisoners. Two of these, Maj. Harry Gurney and Maj. Gotz, when they reached Switzerland, told the American legation at Berne about me and asked help for me. Also in Budapest I met an American correspondent, Mrs. Martin Egan, who had interested herself on my behalf with Col. Yates, of the American Army, who was militaryattach6 in Bucharest. Col. Yates, although i he could not assist me to leave Budapest, gave me letters to various officers, among them one to Col. Vix, of the French military mission in Buda- pest. The French military mission were seized by the revolutionaries, but succeeded m leaving Budapest. Col. Yates's letters, however, helped me with the French military mission in Vienna. When I applied for permission to go to Switzerland the French mission refused me until it had communicated with Col. Yates in Bucha- rest. He replied vouching for my Americanism and urged that I be given permission to go to Switzerland. I also met in Vienna Col. Godson, of the American Army, our military attache at Beme. Col. Godson ^ot permission from the Swiss minister for me to go to Switzerland. So finally I received permission from the French mission to leave Vienna and the Swiss permission to enter Switzerland. I arrived in Beme late in April or early in May, 1919. I had previously, through the Spanish consul, forwarded an application to the Department of State in Washington asking for leave to go to Switzerland. No action was taken on this application as far as I know. I arrived at Geneva and while there I made a eecpnd application for per- mission to return to the United States. This application was forwarded with the approval of the American Legation, and as a result on August 23, 1919, I was issued a certificate of original nationality in lieu of an American passport, and on this certifi- cate I was permitted to return to the United States. KBADMISSION OF AUGUSTA LOUISE DB HAVEN- ALIEN AS A CITIZEN. 2 5 Ever since the war was declared between the United States and Austria I acted in every way as a patriotic American should. My conduct was doubtless investigated by the legation at Berne and was doubtless known to Col. Godson, our military attache, who so kindly;, assisted me in my return to the United States. Always in Budapest I wore, where it could be seen, a small enameled American flag. During the war among the Austrians and Hungarians this did me no harm. I spoke with no German and no German crossed my threshold. I wrote to no German except necessary cor- respondence about my divorce'suit. My two daughters sided with their Gferman father and their German husbands and I broke relations with them. I did not com- municate with them in any way. I shall be glad to recognize them again as my children only when they return to the United States to become American citizens. It has been my strongest wish since I left Germany, as above stated in 1911, to become again an American. This desire I still have irrespective of how it may affect my property rights. I took the first necessary step toward regaining my American citi- zenship eight years ago and before any' rights in property were involved. Circum- stances beyond my control have hitherto prevented me. I am advised that the American law regards me now as a German citizen because of mv marriage to my German husband, I am further advised that by the act of March 2, 1907, I may resume my American citizenship on the termination of my marital relation either by the death of my husband or by divorce. I am advised that until I am again an American citizen the Alien Property Custo- dian is powerless, under the trading-with-the-enemy act, to restore to me my future income and the present accumulated income thereof, which are in his hands. It is certain that unless relief by special act of Congress in restoring to me my citizenship, is speedily afforded, I shall be penniless and in dire want before I can regain my citizenship through operation of a suit for divorce. Of the fund of $4,000 I brought with me to this country, only about $3,000 is now left. From it I have reimbursed the Northern Trust Co. for an unsecured loan it made to me for traveling expenses from Switzerland to the United States. Ever since I received my certificate of original nationality I have gone by my maiden name, being known as Mrs. Louise de Haven. I nevertheless must subscribe to this affidavit with my legal name which it is my earnest desire to change as soon as possible. AuGtrsTA Louise de Haven-Altbn. Subscribed and sworn to before me this 14th day of November, A. D. 1919. [seal.] Sam'l. E. Swayze, Notary Public, D. C. [From Hamersly's Beeord of OiBcers.] Office of Naval Records and Library, Navy Department, Washington, D. C, November 5, 1919. Paternal side: Mrs. de Haven, daughter of Lieut. Commander Joseph E. de Haven, United States Navy, Civil War service; niece of Lieut. Edward J. de Haven, United States Navy, Civil War service (May 15, 1850, selected by the Secretary of the Navy to command the United States Grennel expedition ; sister of Halstine jof eph At-Lee de Haven, officer in French Army; sister of Edwin G. de Haven, in the Engineer Corps, United States Army (died in Liverpool 1918). Itoternal side: Granddaughter of Admiral Abraham Bigelow, United States Navy, who distinguished himself in the War of 1812; niece of Lieut. Commander George Bigelow, IMited States Navy, who served with credit in the Civil War; grandniece of John B. Bigelow, ambassador to France under President Lincoln; cousin of Assist- ant Engineer Alpheus Bigelow, United States Navy, Civil War service^ cousin of Assistant Engineer B. F. Bigelow, United States Navy, Civil War service; cousin of Lieut. Harry M. Bigelow, United States Navy, Spanish-American War service; cousia of Maj. John Bigelow, United -States Army, who dietinguiehed hirnEelf in Spanish-American War, wounded in the attack of San Juan (see Who's Who in America , 1918); cousin of Poultney Bigelow, author, etc. (see Who's Who in America). C. C. Marsh, Captain, United States Navy. 26 KEADMISSION OF AUGUSTA LOUISE DE HAVEN- ALTEN AS A CITIZEN > [Translation,] No 8/4 French Military Mission in Austria, ' Vienna, April 9, 1919. Gen. Hallier, chief of mission. To. Mr. Yates, military attach^ of the United States at Bucharest. I have received a request for a passport from the Baroness d'Alten, nee de Haven,, who wishes to return to Berne, there to see about her divorce suit. This lady is recommended by you. ■ , ., , ,- .^i. ^ I will be grateful if you will inform us if this is correct, and if you believe tHat being married to a German there is need to allow her to go to Switzerland. Gen. Hallier, By the Chief of Staff. [Translation.] No. 1675. American Legation, Office of the Military Attache, Bucharest (Roumania), April 14, 1919. Col. H. E. Yates, military attach^ of the United States at Bucharest. To Gen. Hallier, chief of the French military mission in Austria. In reply to your letter of the 9th instant, reference No. 8/4, concerning the Baroness d'Alten, nee de Haven, I have the honor to say that I recommended her to you and that there are no military reasons which should prevent her.from returning to Berne. She is of a family very well known in America and she is a good American. H. E. Yates, Colonel, Military Attachi of the United States^ American Legation, Office of the Military Attache, Berne, November 26, 1919. Mr. Walter Bruce Howe, Care of Messrs. Carlisle, Howe . Kl 1 I WASHINGTON GOVERNMENT PRINTING OFBMCE 172210 1920 COMMITTEE ON IMMIGRATION AND NATURALIZATION. House of Repbesbntatives. sixty-sixth conoeess. ALBERT JOHNSON, Washington, Chairman. ISAAC SIEGBL, New York. ADOLPH J. SABATH, Illinois. HAROLD KNUTSON, Minnesota. JOHN E. RAKBR, California. EOSCOB C. Mcculloch, OWo. RILBT J. WILSON, Louisiana. J. WILL TAYLOR, Tennessee. BENJAMIN F. WELTY, Ohio. JOHN C. KLECZKA, Wisconsin. JOHN C. BOX, Texas. WILLIAM N. VAILB, Colorado. L. B. RAINEY, Alabama. HAYES B. WHITE, Kansas. KING SWOPE, Kentucky. P. F. Snydbk, Olerk. :;ji^/:i\j'<\h. PROPOSED CHANGES IN NATURALIZATION LAWS. Committee on Immigeation and Natcrauzation, House of Representatives, Washington, D. C, Satwday, February 28, 1920. The committee this day met, Hon. Albert Johnson (chairman) pre- siding. The Chairman. The committee will be in order. The committee will begin the preliminary consideration of various bills relating to the rights of women in the United States and matters pertaining to the naturalization of women. These bills are the Eaker bill (H. R. 103Y4), the Anthony bill (H. R. 10435), and the Rogers bill (H. R. 12749) . For the moment we will give attention to the Rogers bill. There is present this morning Mrs. Maud Wood Park, who has some views on the subjects covered in some of these bills, and I think the committee would be glad to hear a general statement from her. STATEMENT OF MRS. MAUD WOOD PARK, CHAIRMAN NATIONAL LEAGUE OF WOMEN VOTERS, 40 COMMONWEALTH AVENUE, BOSTON, MASS. Mrs. Park. Mr. Chairman and members of the committee, I take advantage of the opportunity which you kindly offered me yesterday to appear before this committee, because at the first annual conven- tion of our organization in Chicago last week, on February 17, our association, at the request of the chairman of its committee on Amer- ican citizenship, indorsed House resolution 10404, on the ground that the legislation tended to make conditions of naturalization for aliens more just and more dignified,; on that general ground, and in a general way, the indorsement of the association was given, to that measure. In connection with the report of the same committee, and in con- nection with the report of another committee^ our committee on the equalization of laws concerning women, there came in a general state- ment of principles, which has been the statement of principles of the association for a good many years — that the citizenship of women should be an independent citizeihship. Therefore, the chairman of our committee telegraphed Mr. Crist, requesting that certain changes should be embodied in House resolution 104()4. At the time that Mrs. Bagley telegraphed it was not certain that I would be able to come to Washington, but when it was found, that X was. coming she asked me to see Mr. Crist and learn what ihe situation wa^. ' In everything that I shall say to you I shall speak as a layman in law and international questions. I have no knowledge of legal phraseology, and I do riot want anything I may say to be taken to ''"■'' . -.-.." -'3, ,,■-■■ 4 PROPOSED CHANGES IN NATURALIZATION LAWS. apply to particular technical phrases. I shall simply state to you the attitude of our association and our hope that you will consider that attitude in drafting the final fotia which this bill may take. I therefore wish to say that our general principle is that the citizen- ship of women should be independent of marital relations. We realize, Mr. Chairman, that at this time in particular any attempt to carry that principle into a law which did not consider international regulations might involve us in complications that would be very undesirable, and therefore in discussion on the floor in regard to our general principle it was understood that we should not press for tlxe adoption of that general principle in any form that would involve international complications, but we felt the State Department should be consulted as to the possible outcome of any legislation that might seem to embody our principle. When 1 came to Washington I found that Mr. Rogers had intro- duced a bill the day before, about which we knew nothing at the time, and again speaking as a layman in legal and international matters, it seems to me tSat the bill which Mr. Rogers has brought in (H. R. 12749) does very largely embody in it the advantages, and what we want to avoid — the possible disadvantages — because it re- fers only to the citizenship of women while they remain in this country. It avoids the disadvantage which we protest against al- ways, the easier naturalization for alien men than for alien women. We believe that naturalization should not be made easier for alien men than it is for alien women. We also believe that American women should not be forced to lose their citizenship under circum- stances under which American men wQjild not lose their citizenship, on account of the fact of marriage, but realizing that if the woman were to go abroad there might be complications, I personally am very glad to see that this bill of Mr. Rogers applies both to circum- stances when women remain in this country The Chairman. Let me read the provisions of the Rogers bill for the record (H. R. 12749) : That no woman who shall be an American citizen and a resident of the United States and who marries an alien on or after the date when the joint resolution proposing an amendment to the Constitution extending the right of suffrage to women, having been ratified by the legislatures of three-fourths of the several States, shall have become valid to all Intents and purposes as a part of the Constitution, shall be deemed, so long as she continues to be a resident of the United States, to have surrendered, forfeited, or Impaired her American citizenship by the fact of such marriage ; and no alien woman who marries an American citizen on or after said date shall be deemed to have ac- quired American citizenship by the fact of such marriage. Mrs. Park. That, as I say, seems to me to embody the advantages, of the situation without the disadvantages. There is a further suggested change which Mr. Crist has been good enough to phrase for use, which makes it possible for an alien woman married to an unnaturalized alien in this country, to herself become naturalized, provided her husband is too lazy or too neglectful to do so, or provided he can not be found. We know, of course, from the immigration records, that there are many cases where the husbands disappear after they get here, and the wives may follow them to this country and find their husbands missing, and the further sug- gestion which Mr. Crist has made — I do not know whether you have the wbrds, or not, Mr. Chairman — seems to be valuable in that con- PROPOSED CHANGES IN NATUEALIZATION LAWS. 5 nectipn as supplementing the suggestions contained in Mr. Rogers's bill. ... The Chairman. The proposal is as follows : Any woman not a citizen of the United States, who may herself be lawfully naturalized, whose husband refuses to apply for Araelrcan citizenship, or is incapacitated from becoming naturalized, or the whereabouts of whose husband is unknown, may herself declare her intention to become a citizen of the United States, and on filing her petition for naturalization in accordance with the requirement of the naturalization law be admitted to citizenship upon the com- pliance with the other provisions of the naturalization law. Mr. Vaile. Pardon me a moment, Mr. Chairman. Did we not cover this subject in H. R. 10404, on page 8? The Chairman. Yes. Mr. Vaile. If Mrs. Park is not familiar with the provision, per- haps she may want to discuss it. It is contained in the bill now pending. Mr. Raker. The organization which Mrs. Park represents has al- ready in substance adopted this bill. Mrs. Park. We have indorsed the principles of that bill, Mr. Chair- man. Mr. Raker. Although Mrs. Park has discussed another matter, she has not discussed this provision, and I am going to ask her if this provision is not more just than any that has been suggested — the one in the bill now. * Mrs. Park. No; I can not quite agree with you. Judge Raker, about that, because I think it does not in any sense provide for the independent citizenship of women, in which we believe. The Chairman. Let me read this, on page 8 of H. R. 10404, which bill, however, has been reintroduced with a new number : Any woman who is now married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen : Provided, That any alien woman who shall hereafter be married to a citizen of the United States shall not be deemed a citizen until she has taken the oath of allegiance provided in the third subdivision of this section. The wife of any alien here- after naturalized shall be deemed a citizen of the United States upon taking the said oath of allegiance: Provided, That nothing contained in this subdivision shall be construed to affect the rights and privileges of citizenship acquired ijrior to the approval of this act. Mrs. Park. Mr. Chairman, that seems to me to apply only in part to the question, because it does not require the same process of naturalization from the woman that is required from the man. She takes the oath of allegiance, but there is a good deal more than the oath of allegiance required in the naturalization of an alien man, and therefore it seems to me to go only part way on the road, whereas Mr. Rogers's provision would go the whole way. The Chairman. We are interested in the proposition presented by you, but you come before this committee, which has been working for some time on this problem of providing some just scheme of naturalization, and you state that you come from an organization of women voters, and that you want full rights for women, but that you do not want to run into any international complications. Mrs. Park. Precisely, Mr. Chairman. The Chairman. So you find yourself just exactly where this com- mittee finds itself, after a long struggle running back several years. Do you know of any way to correct it? Will the Rogers bill do so? 6 PBOPOSED CHANGES IN NATURALIZATION LAWS. Mrs. Park. It seems to me it would. As I told you, I am not speaking as a lawyer or authority on international relations, but the Rogers bill, which was not before our convention because it was not brought in until February 25, and our convention ended on the 19th. The Chairman. Would you recommend that this committee under- take to report out a bill in the phraseology of the Rogers bill, pro- viding that this shall be done when suffrage is finally ratified by three-fourths of the States, when in all probability suffrage will be ratified before we can get this bill on the calendar ? Mrs. Park. I should be willing to leave the question of the techni- cal wording entirely to the committee. I felt only that if your com- mittee understood our point of view it would perhaps look at Mr. Rogers's bill with a little more consideration from the woman's point of view, as well as from Mr. Rogers's own point of view, which he is amply able to present. Mr. Raker. Have you thought about this? You have been dis- cussing intermarriage. Suppose here is an American woman who marries an alien, and remains in the United States after her mar- riage, say a year, and then she goes to France. She is an American citizen while she remains here, and her husband is an alien, but she takes the boat and goes to France, and when she gets over there she is a French woman. She stays there six months or a year and she comes back here and then she is an American citizen. Do you think we ought to allow her to float like that ? Mrs. Park. No ; my understanding is that Mr. Rogers's bill refers to the matter of residence in the United States. Any of us may go to Europe for a few months and yet retain our residence in the United States. Mr. Vailb. I do not think Mr. Rogers's bill is quite subject to the criticism you made, Mr.- Raker, because it provides that no woman, so long as she continues to be a resident of the United States, shall be deemed to have surrendered, forfeited, or impaired her American citizenship. Therefore an interruption of residence such as you suggested would come within the provision. If she does not con- tinue to be a resident, alie does forfeit her citizenship, even though she may afterwards resume her residence; is that your idea, Mr. Rogers? Mr. Rogers. Precisely. The Chairman. Before we hear Mr. Rogers, you spoke of some suggestions that your organization desired to make on H. R. 10404. Mrs. Park. No; they are embodied in the section I have already spoken of and the phraseology of the second section, and those in- sertions which Mr. Crist was good enough to phrase. I think all our suggestions are embodied thus far, but if I may, in conclusion, I would just like to complete the four points I want to make: One, that our organization indorsed H. R. 10404, on the ground that it contains conditions of naturalization more just and more dignified, and the practical experience of our workings in Americanization is that the present naturalization system is neither just nor dignified in its application in a great many of the States. Therefore, on that groimd, Mr. Chairman, our indorsement was given. On the same day that the indorsement was given our principle of the independent citizenship of women was reaffirmed, and in the discussion with PEOPOSED CHANGES IN NATURALIZATION LAWS. 7 regard to the reaffirmance of that principle we stated that we did not wish to press the principle at this moment to any point which would involve us in international complications. My fourth point is that we have come here to indorse this bill, which, with the addition, at least, to the section which Mr. Crist sug- gested, seems to cover our situation. I am glad to be able to present that to you and the committee, and I thank you very much for the opportunity of doing so. . Mr. Rakee. The suggestion made by Mr. Crist is already in the law now, is it not, in substance ? In other words, a married woman, no matter where her husband is, whether lost or abandoned, or other- wise, can immediately apply for citizenship and be naturalized, despite her marriage ? Mrs. Park. I can not answer that question as to whether it is actually in the law in that form now. It was not my understanding that it was. Mr. Eakee. Is not that the law? It struck me that it was, in the one that I read this morning, that any alien married woman can apply for citizenship and become naturalized. Mr. Crist. No, sir; Mr. Chairman, there are court decision^ against that. Mr. Eakee. Where is there any law that prohibits her from being naturalized ? Mr. SiEGEL. Is citizenship limited to the male ? Mr. Crist. Yes. Mr. SiEGEL. Where; in the statute? Mr. Crist. Yes. Mr. E.AKER. Can not an alien married woman, after she comes here, file her petition for naturalization and become naturalized just like a man ? . Mrs. Park. My understanding is that a married woman takes her citizenship from her husband. In that case, she remains an alien, does she not? Mr. Crist. There are court decisions holding that the naturaliza- tion law does not provide for the naturalization of a woman inde- pendent of her husband, or independently at all. There is one cXt ception to that, where an act was recently passed that permitted a woman whose husband became insane after declaring his intention, to herself proceed to become a citizen on his declaration, if he held a homestead entry. That is the act of February 24, 1911 (36 Stat. L., pt. 1, p. 929.) The only other provision which refers to a woman being natural- ized is found in the sixth subdivision of section 4, which says : When any alien who has declared his intention of becoming a citizen of the United States dies before he is actually naturalized, the widow and minor children of such alien may, by complying with the other provision of this act, be naturalized without making any declaration of Intention. Inasmuch as the whole of naturalization is statute law in this country, they have applied the rules of common law in construing the application of a woman for citizenshipj whose husband is living, and who is an alien. The case of in re E-iondo, which was decided in New York State in 1902, is followed by the courts all over the United States. Her husband was a Spanish subject, and she applied 8 PROPOSED CHANGES IN NATURALIZATION LAWS. for citizenship independently: of him, and the court, in a l«ngthy decision, denied her application, and that has been the rule of the courts from that time until this. Mrs. Park. Mr. Chairman, may I add one word to my state- ment ? Mrs. Gardener calls my attention to the fact that something I said may be misleading. I said that that had been the principle of our organization for a good many years, and then I stated that we had held our first annual convention. We are a new o^anization, the lineal successor of the National American Woman Suffrage Asso- ciation. The National American Woman Suffrage Association will dissolve as soon as certain legal requirements can be gone through with, and the membership will' go over to the new organization, the National League of Women Voters. That is why I say we are a young organization. The Chaibman. The committee is very glad to note the interest of your association in matters of this kind. The problems are quite difficult. Mr. Raker. Let me ask Mrs. Park— because this matter has been before the committee so much, and after many weeks of considera- tion the committee finally determined as provided on page 8 of H. R. 10404 — whether or not, Mrs. Park, we would not be going too far to repeal the law which now naturalizes an alien when she mar- ries an American citizen, and whether or not we have not given her a safeguard now by requiring her to take the oath of allegi- ance? The marriage contract makes her a citizen now, but she can take the oath of allegiance and thereby become an American citi- zen. Do we not retain the status of husband and wife and the general law relative to our relations here and in foreign countries by al- lowing a woman, after she marries an American citizen, to take the ordinary oath of allegiance — a record being kept of every one who becomes a citizen in that way — than to try to separate it? I can not quite get the idea of that separation at this time. Mrs. Park. Mr. Chairman, I do not see that there is any differ- ence in principle. I think it is a question as to whether we shall go the whole length in the process of separate naturalization, or whether we shall go only part way. It seems to me that the phra- seology of House resolution No. 10,404, as it now stands, provides for the steps in that direction, but that it has not gone the full length. The Chairman. You would give the wife of an alien the right to make application for American citizenship in her own right? Mrs. Park. Yes. Mr. Vaile. And go through the whole process, including the ap- plication ? Mrs. Park. Yes. Mr. Box. And the examination as to fitness and everything? Mrs. Park. Yes. The Chairman. Say the man remained a citizen of Ireland, what nationality would the children be? Mrs. Park. Mr. Chairman, those are questions that are going to be asked. Under this act which you propose, I understand the cKil- dren would in any case be required to take the oath of allegiance when they became of proper age, and that oath of allegiance might PROPOSED CHANGES IN NATUKALIZATION LAWS. V be construed as their declaration of a desire to become American citizens. This act would cover that question. The; GhaiemaiJv li they are born in the United States, they are American citizens; if they are not born in the United States, how are you going to determine their citizenship ? Mrs. Pakk. Under this act they remain aliens; they can not be- come citizens unless they do take the oath of allegiance. The Chairman. The committee has gone over that a good many times, and also with regard to property rights. But let me read, so that we may have the record complete, the AnUiony bill, which goes in some detail into the matter suggested by you. It reads as follows: That no distinctiou shall be made by any court In matters of naturalization of aliens, \yhether in declaration of intention or final application or proof or Otherwise because of the sex of such alien. The failure, neglect, refusal, or inability of apj' male alien to become a citizen of the United States shall be uo impeiliriient to.tljewife of such alien in becoming a citizen or in declaring her intuition or making final application for citizenship or in making proof therein. Any woman, now married to an alien, she being at the time of such marriage herself an alien, may make declaration of intention to become a citizen, or may make linal application and proof for decree of citizenship, or both, upon the same conditions as though she was not married at the time of such declara- tion or application or proof. All alien women who shall hereafter marry citizens of the United States shall be deemed to retain their own nationality unless they shall comply with the naturalization laws of the United States the same as thougli they were not married. That all American women now married to foreigners residing in the United States may, after the passage of this act. resume their American citizenship by filing a declaration with any court having authority to naturalize American citizens within the .iurisdiction in which she resides. No woman who is, or has been, a citizen of the United States by birth, or by naturalization by a competent court, or by marriage to a citizen shall there- after lose or be deemed to have lost her American citizenship by reason of marriage to an alien unless she shall affirmatively declare such renunciation of citizen.ship in a district court of the United States, or before a consul of the United States if without the territorial bounds of the United States or its iwssessions. Alien-born clilldren, if under the age of twenty-one years at the time of naturalization of their mother, shall thereby become citizens whether their mother gains such citizenship by decree of court, or by naturalization through marriage with a citizen or through naturalization of her husband, under section 1994 of the Revised Statutes. The adoption of an alien under the age of twenty-one years by a citizen, according to the laws of any State or Territory, shall naturalize such infant alien, and if either parent who duly adopts such alien shall thereafter become naturalized before such infant alien arrives at majority, such infant alien shall thereby become naturalized. All acts and laws inconsistent with the foregoing are hereby repealed. There is the thing in plain language. Mr. Eakee. Getting back to this other discussion, I am trying to get Mrs. Park's view on it as to the justness of it. Under the pro- visions of the bill an alien woman marrying an American citizen could, of course, immediately become a citizen? Mrs. Park. Yes. Mr. Kakek. But, under this bill, she is required to take a fur- ther step by taking the oath of allegiance, which .will be on record, and she will get a duplicate copy of it. Under the proposed sug- gestion to repeal that law and allow her to become a citizen in her own right, upon her marriage you would then have the status of an 10 PROPOSED CHANGES IN NATURALIZATION LAWS. American citizen with an alien wife, and with native born children, and vou would get international complications just the same. Mr. SiEGEL. Let us go one step further, judge, and let us say they come over here with a child more than 2 years of age. Mr Raker. I saw that, but I wanted to hold on to this, tirst. it, as a matter of fact, we are giving the women the right to vote, which is before the committee and in the committee's mmd, we should not attempt to take the right to vote from these women. Their desire to participate in the electorate would force them by their natural pride and otherwise to become proficient, but we add a different step, and we make them take the oath of allegiance, and we would not then deprive them, for this length of time, four or five years, from apply- ing to become naturalized, and at the same time would not get into international complications by virtue of the husband being an Ameri- can citizen, and the wife during the same time bemg an alien, and the children born of the marriage during that time bemg American citizens. It seems to me we just went as far as we could to protect the electorate and the women who married American citizens. Mrs. Park. Judge Baker, do I understand that you think this law would be retroactive, if passied? Mr. Rakee. No. . ., j. ^ » Mrs. Park. You merely understand it as applying to the future i Mr. Raker. Yes. It would not be retroactive. Mrs. Park. That is my understanding of the bill. You want to say that you consider it a hardship imposed upon the alien woman from this time on, for several years, because she would have to go through the process for five years, you think, without the opportunity to be naturalized immediately ? Mr. Rakee. By the marriage and taking the oath of allegiance. "We have been trying to give the women an opportunity to partici- pate in the electorate and to vote, and the law has been on the statute books now for many years. "Why should we jump around now and deprive these many good women who marry American citizens, and who are rearing American citizens, from the right to vote? Mrs. Park. May I just answer that question of Judge Raker? I should say that at the present moment. Judge Raker, it might work a little injustice for five years, but in the long period of the future, for which we are providing, the act would work out justly for every- body concerned, and I personally should be willing to take the risk of a little hardship during the first years for the sake of the effect it will have later on. Mr. SiEGEL. "We have here a list of hundreds of American women who went abroad and married. After a couple of years, getting tired and sick of being married to the nobility, they make up their minds that they want to come back to America, and then they want their Ameri- can citizenship back. As a rule, this committee here, feeling perhaps that they did not think sufficiently long before they got married, usually gives them back their citizenship. Let us take the women who have been here a number of years, who have married, and in that way have become citizens. If these women here who have thus be- come citizens were to be required to undergo the full examination, it seems to me we would be forgetting the one thing which underlies the, whole proposition, namely, the children, who are growing up. PKOPOSED CHAITGES IN NATURALIZATION LAWS. 11 What are those children to be ? Are they to be the children of Mrs. Frenchwoman, or Mrs. Englishwoman, or Mrs. Czecho-Slovak, or what ? Mrs. Pai^k. Mr. Siegel, you have asked two questions at once, and if I may, I will answer them one at a time. In the first place^ in regard to what I think about the women who may have married for- eigners and gone to live abroad and then repented their decision ; you have said that this committee has decided that question by returning their citizenship to them. I decline to take any responsibility for those women, and I really do not know very much about them. But it seems to me they ought not to be permitted to interfere with the application of a just principle. Mr. Siegel. Do you realize that in certain States from 35 to 4d per cent of the women can not read or write ? Mrs. Park. I come from Massachusetts. Mr. Siegel. I realize that. Mrs. Park. I have not answered your second question yet. Mr. Eaker. There has only been one case that has been passed upon by this committee, and has been passed by the House, the case of a woman that came back for citizenship in order to obtain money and property. There is another one which has not been disposed of by the House. Mrs. Park. In regard to that matter, it seems to me the committee can recommend, and Congress can legislate as seems wise in the future. I think it is not seriously involved in the principle I am trying to support before this committee. In reply to Mr. Siegel's question, and a very important one, about the children, it seems to me that you have provided for that in House bill 10404 by requiring them to take the oath of allegience. The only question would be during their minority, and my under- standing of the law is that during their minority they are considered to belong to the citizenship which their father holds, and would be provided for after their majority by the present law. I do not see why that question should necessarily be involved in what we are suggesting. Mr. Siegel. Suppose we go abroad for a few months and Mr. Amer- ican citizen and Mrs. English citizen go to France, and a child or two are born over there. France would claim its nationals, but what is the child? Is it an American citizen? Mrs. Park. That is where I think the State Department would have to advise us. I think that complication is not very greatly exaggerated by the legislation we are proposing. STATEMENT OF HON, JOHN JACOB ROGEKS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MASSACHUSETTS. Mr. .Rogers. Mr. Chairman, my bill is as follows : That no woman who shall be an American citizen and a resident of the United States and who marries an alien on or after the date when the joint resolution proposing an amendment to the Constitution extending the right of suffrage to women, having been ratified by the legislatures of three-fourths of the several States, shall have become valid to all Intents and purposes as a part of the Constitution, shall be deemed, so long as she continues to be a resident of the United States, to have surrendered, forfeited, or impaired her 12 ■ PROPOSED CHANGES IN NATURALIZATION LAWS. American citlzensliip by the fact of such marriage ; and no alien woman who marries an American citizen on or after said date shall be deemed to have acquired America citizenship by the faet of such marriage. Mr. Chairman and gentlemen, I come to advocate H. E. 12749, and I should like at the outset to call the attenltlbii of the; committee to the fact that there are two entirely distinct proposals involved in the bill. I believe in them both. I think that both ought to have the sanction of law, but at the same time they are independent, and if the committee does not see its course clear to advocate and rec- ommend to the House the adoption of both, I hope it may, never- theless, take the other of the two, I think either one alone is worth passing, although I reiterate my belief that both of them ought to be passed. Two statutes of the United States I should like to put in the record to show the foundation for what I am going to say. They are very brief. The Revised Statutes, section 1994, which is the act of February 10, 1855 (Barnes's Fed. Code, sec. 3401), provides as follows : ,<::-. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. That, of course, is directly negatived by the second of my two proposals, namely, the proposal which appears in lines 1 to 4, in- clusive, on page 2. The second statute, which is the act of March 2, 1907, and which appears in Barnes's, section 3402, provides, in part, as follows : Any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. That, of course, is the converse of the case where an American Avoman marries a foreigner. Even the first sentence of that statute would not be wholly repealed, provided the committee should report out my bill, because my bill provides for the additional element of residence, and, of course, my proposal does not exclude the reacquisi- tion of citizenship in the case of an American woman who has once lost her citizenship ; so that the second portion of the statute, relating to the course open to the woman after the marital relation has been terminated, would continue to be effective even if this bill is adopted. I assume that the committee is entirely familiar with the case of McKenzie )'. Hare. I do not propose to take very much time of the committee in dealing with it. Possibly some of the members of the committee were not on the committee at the time the previous dis- cussion was held, so that it may not be superfluous to allude to it very briefly. The case which I have in my hand is that of McKenzie V. Hare, 239 United States Supreme Court Reports, p. 299. That was a case decided in 1915, and construed the statute of 1907 which I have just read, and declared that statute constitutional. The question was this : An American born California girl, who had resided in California all her life, man-ied in California a British subject, but continued to PROPOSED CHANGES IN NATURALIZATION LAWS. 13 reside in California ; she sought to exercise her right to vote which she unquestionably would have had, provided the statute of 1907 had not deprived her of her citizenship. The sole question, therefore, was whether this statute was constitutional. The Supreme Court held that it was and declared that the election commissioners of the city and county of San Francisco had properly forbidden her the exercise of the franchise. The opinion of Justice McKenna, which is the opinion of a unanimous court so far as the principles involved are concerned, is very interesting on this point. He calls attention to the fact that " the identity of husband and wife is an ancient prin- ciple of our jurisprudence," to use his exact language. I think there is no question that that is true. It has taken a great many centuries to get away from the principle that in fact the wife was the chattel of the husband. In my judgment, the adoption of the constitutional amendment extending the right of suffrage to women, which is, we believe, only a few months off, needing only three States, I under- stand, to make it effective, removes the last barrier before the law of the two sexes. When that moment comes, when the right of suffrage is extended to women, I can not, for the life of me, see any reason why we should establish one set of rules for American citizenship in the case of men, and another set of rules for American citizenship in the case of women. The chattel idea has happily gone for good from our laws, and, as Justice McKenna very justly says, " the identity of husband and wife is an ancient principle of our jurisprudence." That may have been a good law in 1855. It was simply declara- tory of the common, law, and was enacted only to clear up certain divergences of opinion which had developed in the Federal courts of the United States. That may have been a good statute in 1907, although I confess it was something of a shock to me to find that 13 years ago we had passed a law of that kind. But whatever the facts were then, the adoption of the Federal amendment, as I may repeat with emphasis, seems to me to remove the last reason for this divergence of law in the treatment of citizenship as between the sexes. Now, coming in detail to the provisions of my bill, I provide, in the first place, and in the first portion of the proposal, that the woman must be an American citizen, that she must be a resident of . the United States at the time of her marriage to the alien, and that her citizenship shall be protected only so long as she continues to be a resident of the United States. T adopted that language for two reasons. In the first place, to avoid the international complications which Mrs. Park has referred to, and of which I fully realize the importance; and in the second place, as she hinted also, because I was not very much concerned in taking care of the title hunters. I should not wish to characterize those ladies too strongly. Many of them marry properly, and I dare say for love, but at the same time many of them do not, and I do not think we ought to extend the protection of our American citizenship, with the possible conse- quences which might result internationally, to a woman who has thought so little of it as to go abroad and who purposes to reside there permanently. So, as I say, this provision ought altogether exclude women who have departed from the United States with the intention of taking up their residence abroad. 14 PROPOSED CHANGES IN NATURALIZATION LAWS. Mr. Kleczka. Does that word "residence" accomplish what you have in mind? Mr. EoGEES. Your suggestion would be the substitution ot the *' domicile " ? Mr. KiiECZKA. Yes. Mr. Rogers. I am not sure but what that would be an improve- ment. I have been looking up the authorities, as a matter of fact, since I introduced this bill, and, among others, I have consulted John Bassett Moore's Digest of International Law, volume 3, pages 448^ 463, inclusive. The citation which I have given deals with the pre- cise points which are covered in this biU, nameily, the effect of mar- riage between an American woman on the one hand and an alien on the other, or vice versa. Mr. Kleczka. What volume is that ? Mr. Eogers. This is volume 3 of Moore's Digest of International Law. Then there is an exceedingly interesting discussion in that same volume, chapter 11, page 811 and following, on domicile, and Mr. Moore, who I suppose is the greatest authority upon this ques- tion that we have in this country, and perhaps that there is in the world, quotes with approval the following : Story defines the term (domicile) in its ordinary acceptation, as the place 'whiere a person lives or has his home; and, in a strict and legal sense, as the place where he has his true, fixed, permanent home, and principal establish- ment, and to which, whenever he is absent, he has the intention of returning. This definition has been widely accepted by the courts. The phrase " principal establishment," was and is employed in the civil code of Louisiana. Wharton defines domicile as " a residence acquired as a final abode." To acquire domicile in a place, there must be (1) residence, and (2) an intention to remain permanently or indefinitely. Where the physical facts as to residence are not disputed, the sole question is that of intention. So, replying to Mr. Kleczka's suggestion, I should certainly have no objection if it was the view of the committee that the word " residence " ought to be so changed as to include the idea of domi- cile instead of residence. Mr. Rainey. Did you look up the definition of " residence " as applied to your bill ? Mr. Rogers. It is difficult to get so satisfactory Mr. Rainey. Domicile is usually used by the courts ? Mr. Rogers. Domicile is more apt to be used by the courts. I intended the word " residence " to mean the same thing as domi- cile, and, according to some authorities, it does mean practically the same, as in the laws in my own State. But if there is any ques- tion about it, I should say that the stronger word was the prefer- able one. Mr. Rainey. It seems to me that " domicile " is the word we ought to use in that bill. Mr. Rogers. It is the better word. Mr. Rainey. I think so, under the definition of Webster, if you do not mind my reading this. Mr. Rogers. Certainly not. Mr. Rainey (reading). "Domicile: A residence at a particular place, accompanied with an intention to remain there for an t£h- IJmited time; a residence accepted as a final abode, a home, so con- sidered in law. But residence is not domicile, though domicile is a PROPOSED CHANGKS IN NATURALIZATION LAWS. 15 legal conception of residence. Domicile is residence combined with intention." Mr. Kleczka. I know that the Internal Eevenue Department has difficulty in defining the word " residence " in reference to the taxa- tion of aliens, and they drew the distinction between resident and nonresident aliens ; they have defined a nonresident alien as one who did not live in this country for a fixed period of time, but was simply here on a temporary mission. Mr. Rogers. I should dislike to regard as final authority the deci- sion of the Internal Eevenue Department. They have given me five different opinions on one question in the last three days. But it seems to me the question of using the exactly right word to convey the legal meaning is certainly an important one, and I should not object to the substitution of the word " domicile." I do not want to take very much of the time of the committee, be- cause this is a highly technical subject, which has many ramifications which are extremely important and extremely intricate. I shall, therefore, give way m just a moment, if the committee pleases, to the experts whom we have here from the Department of State and the Department of Labor. I should, however, like to call attention to one point on the second phase of the proposal, namely, that it deals ■ with the citizenship of an alien woman who marries an Americaix citizen, and it denies her the acquisition of American citizenship by the fact of such marriage. That, of course, is intended to leave tlie alien woman coming to our shores, whether married or not, in exactly the same situation as regards naturalization eligibility as the alien man. It seems to me it is very difficult to escape the force of the suggestion of Mrs. Park that there is no reason at all for giving an alien woman more privileges than the alien man receives. When citizenship carries with it a voice in the Government of the United States, we certainly can not afford to give citizenship unless the exerciser or the to be exerciser of citizenship is possessed of the qualifications to enable him or her to be a good citizen. It is a matter of common knowledge, to refer again to the illiteracy question, that a very large proportion of the people who come to our shores from Europe are not able to read and write, and also that a very large proportion of those who are already in this coun- try are not able to read or write. Mr. SiEGEL. Is that quite so? The greatest percentage of illit- eracy is in the Southern States, where there is practically no for- eign born. Mr. EoGERS. A very large percentage, I said. Mr. SiEGEL. Twenty- four per cent. Mr. Rogers. I repeat " a very large percentage of them." That is true, Mr. Siegel. Mr. Siegel. i do not agree with you. The census figures will bear me out. Mr. Rogers. It is a matter of common knowledge that there is a considerable degree of illiteracy. Mr. Ea^er. Will you yield to a question right there ? Mr. EoGBRS. Certainly. Mr. Eaker. For 40 years in Wyoming, 15 or 20 in Colorado, and some 10 in California, and the other Std^tes where the women have 16 PROPOSED CHANGES IW NATtTKALIZATION LAWS. been voting, there has been no complaint by reason of the fact that an alien M'oman, on account of American citizenship, is thereby per- mitted to vote. Now, why should complaints be, raised from States that have not permitted women the right to vote, and why should you deny these ordinary women of our country, good women who marry American citizens, the right and privilege of voting? Mr. Rogers. I think it is a protection to the country, Judge Raker, to exclude illiterates from the ballot, whether male or female. Mr. Raker. These are not illiterates. That is where you are mis- taken. The Chairman. Let me ask you a question about Massachusetts. A man in Massachusetts, in order to be able to vote, has to be able to read and write, has he not? Mr. Rogers. He must be able to read and write. The Chairman. Under your law, if a woman came into the voting right, if she had not already done so, she would have to learn to read and write? Mr. Rogers. Yes. The Chairman. So it is regulated by statute of the State? Mr. Rogers. Yes. Mr. Raker. In Colorado a man must be able to read and write, must he not? Mr. Vaile. They have been voting men who are not able to read and write for something over 26 years. In the second place, nobody yoices objection to the voting of people who vote now. What we do is to try to get the votes of the people who vote now. Mr. Raker. What I was asking you was if in the State of Colorado in order to vote, a man must be able to read and write ? Mr. VAitE. Most of them can, as a matter of fact. Mr. Raker. But that is the law, is it not ? Mr. Vaile. No. The Chairman. Let me ask you in regard to this second provision of your bill : And no alieii woman who marries an American citizen on or after said date sliall be deemed to have acquired American citizenship by the fact of such marriage. Now, let me read you the provision of the proposed bill, known as 10404, on page 8 : Ary woman who is now married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. Provided, That any alien woman who shall hereafter be married to a citizen of the United States shall not be deemed a citizen until she has taken the oath of allegiance provided in the third subdivision of this section. The wife of any alien hereafter naturalized shall be deemed a citizen of the United States upon taking the said oath of allegiance. Does that cover the situation? Mr. Rogers. To my mind it does not. The Chairman. State clearly just what you want done? Mr. Rogers. As I understand the provision on page 8 it requires the taking of an oath of allegiance on the part of the woman and thereby she acquires citizenship. The Chairman. What do you want her to do? Mr. Rogers. Just the same as a man must do— to take out papers and go through the same processes of naturalization. Of course, the PROPOSED CHANGES IN NATUBALIZATION LAWS. 17 oath of allegiance is not to be taken lightly, but it is so taken by some of those who take it. It seems to me that it would be most likely for it to be so taken by those who would be most dangerous to our in- stitutions. Mr. Raker. What would be the difference if she were taking it after marriage or if she took it before or without marriage? Mr. Rogers. I do not grasp just what you mean by that question. Mr. Raker. You say she might take this oath of allegiance lightly. What would be the difference as to whether she was married or a single woman, as to the mode or sincerity in which she took the oath? Mr. Rogers. Not the slightest. But my suggestion is that it -4s not a great protection to the United States and that the taking of the oath of allegiance under this provision does not necessarily fit that woman efficiently to exercise the suffrage. She may be entirely illiterate. She may not be able to distinguish the letters of the alphabet even. She may be feeble minded. Mr. Raker. She could not vote in this country if she was feeble minded or if she can not read or write. Mr. Rogers. She can in a good many of the States. The Chairman. W"e amended that language that no alien shall hereafter be naturalized who can not speak and read the English language. Mr. Rogers. Where is that? The Chairman. That is an amendment to section 8 of the act in section 5 of this proposed bill (H. R. 10404). Mr. Rogers. I think that is an excellent provision. May I ask, Mr. Chairman, if it is the intention of the committee that the woman alien, a woman marrying an American citizen, would not thereby become an American citizen if she took the oath of alle- giance, despite the provisions of section 8 ? Mr. SiEGEL. That is the purpose of it if she were to marry an American citizen. The Chairman. The whole thing is to Americanize the processes of naturalization. We undertake to provide a method by which citizenship can be withheld until some Americanization has been done. That is the point. Mr. SiEGEL. Is not the real remedy, as a matter of fact, in those States that do not provide that a person shall be able to read and write, to take away the right to vote there unless they can. As a matter of fact, at this very hour in certain of the States in this country, in four of them, one does not have to be a citizen in order to vote. A man with first papers may vote in Indiana for Presi- dent; in Texas for President; in Missouri for President; and in Arkansas for President without even being a citizen. AH that is ■necessary is to take out first papers for citizenship to be able to vote in those States. Mr. Rogers. I shall not need to characterize that. Mr. SiEGEL. But they do it. Mr. Rogers. They do it, but no one of us can condone such a prac- tice. But that remedy is beyond our power- to give to the States. This remedy is not a matter of viewpoint, and is based on very fundamental and simple principles. The distinction between the 172210—20 2 18 PROPOSED CHANGES IN NATURALIZATION LAWS. sexes under the present law is as archaic as ordeal by. fire. It goes back to feudal and medieval times. We have perpetuated some of those distinctions in our laws. Perhaps there was a certain justifica- tion for that perpetuation until the suffrage amendment does away with the last legal barrier. After that time I confess I see no justifi- cation and no principle for continuing the sort of legislation which I have quoted. It seems to me we ought to treat a woman citizen either in esse or posse exactly " on all fours," if I may use a rather awkward simile. Mr. Rakee. Has there been any complaint in any of the States where women vote against the women voting, on the ground of their intelligence or character or otherwise, they having married Ameri- cans and having become naturalized by virtue of the marriage? Mr. EoGEES. That is a somewhat broad question. T happen to live in a State that has not yet extended suffrage to women. Mr. Eaker. I have never heard from any source complaints under any circumstances of American citizens by naturalization through the marriage of the husband failing in their duty through the lack of intelligence or inability to read or write_ in any way, shape, or form. This is the first time I have ever heard the question that there would be any objection to allowing those women to participate in suffrage after they become married to American citizens. Mr. EoGBES. If there are no other questions, Mr. Chairman, I will surrender the rest of my time and leave unsaid what I was going to say. The Chairman. I believe the hearings that were held at previous times in prior Congresses upon bills of this kind were not printed, or if printed, the supply is exhausted. I wish you would put in the record your legal references for the benefit of the committee. Mr. EoGEBS. I shall be happy to do that. The Chairman. The general discussion has reached a point where I think, perhaps, Mr. Flournoy, of the State Department, may wish to make a statement. If so, we will be very glad to have him pro- ceed. Mr; Eaker. As to the first and second provisions of the first pro- vision of the naturalization act, does not that language apply to wealthy women who marry aliens? The second provision naturally applies, ordinarily and historically, as I read it, to women in ordi- nary circumstances marrying American citizens Now, why should we make a distinction in favor of the rich woman as against the woman of moderate means? Mr. Rogers. I think you make a distinction against the rich woman in the first provision. I do not agree at all with your premise as to the first provision. I might agree with it if I had not called your attention to my requirement that the woman should have been physically residing or domiciled in the United States when the mar- riage occurred and that the cloak of American citizenship is con- tinued in her behalf only so long as she continues to reside and be domiciled in the United States. I do not believe it is true at all. I do not believe it is a fact that the first provision serves to protect the rich woman as against the poor woman. The reverse is true. Mr. Rakee. That is the historical position as far as I can gather it. The Chairman. Do you desire to make a statement, Mr. Flour- noy? PROPOSED CHANGES IN NATURALIZATION LAWS. 19 STATEMENT OF MR. RICHARD W. FLOURNOY, JR., CHIEF OF THE DIVISION OF PASSPORT CONTROL, DEPARTMENT OF STATE. Mr. Flouenoy. I am here for whatever the committee might wish. 1 did not hear of this until late yesterday afternoon. I did speak to Mr. Polk, Acting Secretary, about the question in a very informal way. The Chairman. I think, then, that we will not ask you for a state- ment to-day, because in a few moments we must adjourn. We will be glad to have you come down later. Mr. Floxjenot. Yes ; that will be better. (Thereupon, at 11.45 o'clock a. m., the committee adjourned.) X ADMINISTRATION OF IMMIGRATION LAWS HEARINGS BEFORE THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF REPEESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION March 30 and 31 and April 6, 1920 STATEMENTS OF THOMAS M. FISHER Inspector, Immigration Service, Seattle, Wash. RAPHAEL P. BONHAM Inspector in Charge, Immigration Service, Portland, Oreg. I. F. WIXON Assistant Commissioner of Immigration, Montreal, Canada. W. F. SIBRAY Inspector in Charge, Immigration Service, Pittsburgh, Pa. W. A. BLACKWOOD of Seattle, Wash. WASHINGTON GOVERNMENT FEINTING OFFICE ISOirS 1920 COMMITTEE ON IMMIGRATION AND NATURALIZATION. House of Repkesentatives. SIXTY-SIXTH C0N6BESS. ALBERT JOHNSON, Washington, Ghavrman. ISAAC SIBGBI/, New York. HAROLD KNUTSON, Minnesota. EOSCOB c. Mcculloch, Ohio. J. WILL TAYLOR, Tennessee. JOHN C. KLECZKA, Wisconsin. WILLIAM N. VAILE, Colorado. HAYES B. WHITE, Kansas. KING SWOPE, Kentucky. ADOLPH J. SABATH, Illinois. JOHN E. BAKER, California. RILEY J. WILSON, Louisiana. BENJAMIN P. WELTY, Ohio. JOHN C. BOX, Texas. L. B. RAINBY, Alabama. P. P. Sntdee, Olerk. ADMINISTRATION OF IMMIGRATION LAWS. Committee on Immigration and Naturalization, House of Eepeesentatives, Washington, D. C, March 30, 19W. The committee assembled at 10.45 o'clock a. m.-, Hon. Albert John- son (chairman) presiding. The Chairman. There are present, at the request of the commit- tee, Inspector Thomas IVL Fisher, of the Bureau of Immigration, with headquarters at Seattle, and Raphael P. Bonham, inspector in charge of the Immigration Service, district of Oregon, with head- quarters at Portland, Oreg. These two gentlemen have just come from the Pacific Northwest, with a party of aliens for deportation, and have delivered them at Ellis Island. I think it would be well for the committee to have a statement from these gentlemen, and to ask whatever questions they desire in regard to the progress of deportations. We will proceed with Mr. Fisher. STATEMENT OF MR. THOMAS M. FISHER, INSPECTOR UNITED STATES BUREAU OF IMMIGRATION, HEADQUARTERS SEATTLE, WASH. The Chairman. Will you state, Mr. Fisher, where these deporta- tions are from and the number? Mr. Fisher. There was a party, originally, from San Francisco. I was not in charge of that party ; it was in charge of a man detailed from Washington to pick them up. I simply accompanied him to assist him. The Chairman. What was his name? Mr. Fisher. Mr. Cline, of the Bureau of Immigration. They picked up deportees at Portland, Oreg. ; those from the State of Washington were taken to Portland; and they picked them up all the way east, through Montana and Wyoming and Chicago, Buffalo, and Cleveland ; they were put aboard all the way along on the trip \ that is what made up the party. The Chairman. How many deportees were in the party when it reached Ellis Island? Mr. Fisher. Fifty-one when We reached Ellis Island, although some had been taken off at Chicago and sent on by way of New Orleans; others had been taken off at Buffalo and sent north by way of Montreal for deportation. The Chairman. What were the principal charges against these deportees ? Mr. Fisher. Well, they were practically the aliens who had be- come public charges, by reason of their insane or criminal records; 4 ADMINISTBATIOlf OF IMMIGRATION LAWS. there were some white slavers, and some who were deported under the so-called " Red " provisions of the immigration act. The Chairman. All of those deportees are examined by inspectors before the warrants are issued? Mr. FiSHEE. That is, before the warrant of deportation is issued; not before the warrant of arrest. The Chairman. How is that examination conducted? Mr. FisHEE. After a warrant of arrest is issued, the alien is brought before the inspector, and a written record is made, and any evidence that may be obtained concerning his case is introduced. The record, together with a summary and findings or recommenda- tions of the inspector, is forwarded to the Commissioner General of Immigration, and is definitely decided by the Secretary or the Assistant Secretary of Labor. Mr. Seegel. The alien has counsel present, has he ? Mr. Fisher. They are always notified of their right to counsel, and if they desire counsel, the proceeding is held in abeyance until they can obtain counsel ; and they are always notified of their right to introduce any testimony they desire in their own behalf; and if they desire witnesses examined, the witnesses are summoned. Mr. SiEGEL. Let us take these cases with which you are personally familiar, where the people have been brought East for deportation: In those cases did counsel appear? Mr. Fisher. Do you mean in this last party? Mr. SiEGEL. Yes. Mr. FisHEE. I had nothing to do with the cases in this last party. Mr. SiEGEL. Therefore, you are not familiar with that? Mr. FiSHEE. No, sir. 1 will make this plain : From the district of Washington, or the State of Washington, there were only cases of men who had served a term and were deported on account of their criminal actions. The Chaieman. Now, let me ask you this question: Petitions are being forwarded to Members of Congress, all in a certain form, with a long preamble, to the effect that °' campaigns of intimidation " are being carried on by governmental agencies, and particularly by the Bureau of Immigration and Department of Labor. I will read one of these petitions, and it will go into the record : The time has come for the citizens of the United States to take cognizance of the economic, social, and political conditions, to take stock of their constitutional rights and privileges and ascertain ^yhether or not they are being shorn of them. It took thousands of years of struggle and bloodshed to establish freedom's foundation, but it can be destroyed in a fraction of a second. It is too precious a heritage for the American people to lose lighth-. Many believe we have already been irreparably injured by the foes of civil liberty. One thing is cer- tain, that an hysteria, whether real or feigned for a purpose, pervades the land and threatens the fundamenlal principles of government fought and died for by AVashmgton and Lincoln. Campaigns of intimidation of those portions of the population least able to speak for themselves, least able to assert their rights or obtain legal redress, carried on utidor the slogans of "loyalty," "patriotism," and Americanism, have now reached a point intolerable to "a self-respecting cit-zenry. Ordinary processes of law are being brushed aside, and a reign of terror is being introduced by governmental and nongovernmental agencies, which unlawfully raid homes of peaceful citizens and inhabitants, deprive inno- cent people of their liberty, exact excessive bail for their release and in many instances are responsible for physical violence and unlawful destruction of life and property. One of the most flagrant violators of the rights of the neonle is the Bureau of Immigration of the Department of Labor, and for the purpose of ADMINISTRATION OF IMMIGRATION LAWS. more clearly setting forth their transgressions we subscribe the following resolution : Whereas It is the custom of the Bureau of Immigration of the Department of Labor to secretly examine persons arrested under department warrants before they are permitted to consult counsel and by threats, intimidation, and other coercive methods compel them to make statements upon which cases against them are founded, a procedure which constitutes a violation of a tradition of legal protection fought for and won after centuries of struggle by American citizens and Anglo-Saxon freemen ; and Whereas the universal procedure in all of these cases is for the local officials of the Bureau of Immigration to make the charges, determine what evidence may be admitted, hear the testimony in secret, and then pass judgment upon the case, the accused being denied the constitutionally guaranteed right of an open and public trial by a jury of his peers ; and Whereas in numerous cases the Bureau of Immigration has caused arrests to be made without \^'arrant and raids to be conducted upon homes and gathering places without search warrants, these things comprising a plain and patent violation of the fourth amendment of the Constitution of the United States ; and Whereas the Bureau of Immigration has conducted raids indiscriminately and in such manner as to cause the arrest and illegal detention of many native- born American citizens ; and Whereas the Bureau of Immigration, as a part of the executive branch of our Government, has clearly exceeded its authority by encroaching upon the one hand upon the legislative department, in that this bureau is constantly estab- lishing new law by the issuance of an elaborate series of executive rules and orders, and on the other hand is usurping the functions of the judicial depart- . ment by Interpreting the acts of Congress, and by those rules and orders promulgated by the bureau, thus breaking down the fundamental principles upon which this Government is founded : Therefore be It Resolved, That we, , representing , citizens of the United States, do hereby call upon our Representatives in Congress to demand an investigation of the activities of the Bureau of Immigration in its violation of the Constitution and laws of the land and usurpation of power in depriving the people of their rights as freemen : Be it further Resolved, That copies of this resolution be sent to the Senators and Repre- sentatives in Congress from this State. Dated at , March — , 1920. • , Chairman. , Secretary. Xow, Mr. Fisher, you are in charge of the inspection service in the State of Washington? Mr. Fisher. Of the investigation work; yes, sir; under Commis- sioner White. The Chairman. What do you think of those resolutions, etc., as applying to your own district? Mr. Fisher. Well, I think their own language shows largely the misapprehension that they are laboring under. For instance, they speak of " trial by jury." They seem to have run away with the general idea that no arrest is legal unless it is on a warrant issued by a court, and that no trial or hearing of any kind is legal, unless it is a trial before a jury. They overlook the fact that the immigiation statute provides for the issuance of a warrant by the Secretary of Labor, and for a hearing conducted by an immigration inspector; also that that hearing is supposed to be separate and apart from the public. We have had instances out there where they have attacked the serv- ice in the local press, claiming that they were not allowed to be pres- ent at those hearings ; that they were held without any process what- soever, that there were no warrants issued; we dp not, at least, in that district, hold a man without a warrant or some process. b ADMINISTKATION OF IMMIGKATION LAWS. The Chairman. Let us see what the process is: Take the case of an alien at Seattle. Mr. Fisher. I can give it to you. The Chairman. Let me get at it by a question : You take an alien Avho is suspected of some violation of the immigration laws; you have to hold him until you can get authority for a warrant, do you not'^ Mr. FiSHEE. In probably 75 per cent of the cases, we obtain our warrant from our investigation, before the man is ever in custody. In, possibly, the other 25 per cent of the cases, they are cases that arise by reason of the man's arrest by local city, county, or State authorities, in which they have asked us to make an investigation and to take action, after they have made an arrest, possibly, on some minor charge, or, as the police often do, after they have picked the aliens up and detained them on suspicion; in that case, we arrest them, and telegraph the department for a warrant, receiving the warrant, as a rule, within 24 hours. Mr. SiEGEL. Xow, between the obtaining of. the warrant and the time that you have the man in custody, what truth is there to these general allegations that oppressive methods are being used in trying to get these men to testify against themselves, as far as your district is concerned. Mr. FisHEK. There is no truth in that part of it at all. Because a man is questioned, and questioned apart from the public, is the only reason on which they can base a charge of that kind. Now, as to the statement with reference to raids the Immigration Service, so far as I know, has never conducted raids. There have been raids conducted recently, but those were conducted by the De- partment of Justice; and those aliens that were weeded out were turned over to the Immigration Service later; but there were no raids of that nature conducted by the Immigration Service that I know of. Mr. SiEGEL. In other words, the immigration officers in your State did not accompany the Department of Justice or other officials in making those raids ? Mr. FisiiER. They did not. Mr. SiEGEL. And the only thing that your bureau, or the immigra- tion officials in your department, had to do with the matter was to receive these men after they had been taken into custody? Mr. FisHER. Well, they brought them to the immigration station and weeded them out there. In other words, the aliens were picked up ; there were unquestionably several hundred men picked up that evening, and brought to the immigration station and detained for a few hours until they could separate them, in other words the De- partment of Justice had applied for warrants for members of the Union of Russian Workers. They had unquestionably obtained the names of the people for whom they wanted warrants, the names of the members of that organization, from a membership book; but they did not know all those men by sight. Now, the only way in the world that they had of determining who those men were was to bring in practically every Eussian that they saw, and ask him his name, and if his name was on the list, why, he was one of those who were held. Mr. SiEGEL. You do not mean to say that the Department of Jus- tice officials in Seattle, or in any other place, went out and picked ADMINISTBATION OP IMMIGRATION LAWS. 7 up men on the street without laiowing who the men were, but simply picked them up and put them into custody ? Mr. FisHEE. The police department did, at their request. Mr. Kleczka. Is there a record kept of all the proceedings from the moment the alien is arrested until he is ordered deported and subsequently thereto until his deportation? Do you keep a record of the proceedings ? Mr. FisHEK. Yes, sir. Mr. Kleczka. And it is available at all times ? Mr. Fisher. Yes, sir. The Chairman. Let us get that clear on the record : If the Depart- ment of Justice brought into the immigration detention station at Seattle a motley array of men picked up in an effort to arrest signed- up members of the Union of Russian Workers, you would have a record of all that were brought there ? Mr. Fisher. No; I beg your pardon; I did not understand that question to mean that. The Chairman. In the case of those that were released, there would be no record known to you ? Mr. Fisher. They were questioned as to their name, occupation, etc. ; and unless there was some reason to believe that they were not telling the truth, they were released as soon as they were questioned ; and those whose names were on the membership book were held ; but there was no record made of that large number of men that were brought in there and immediately released. Mr. Vaile. What was the original ground for arresting a man? Surely not the mere fact that he was a Russian ? Mr. Fisher. I beg your pardon? I did not understand the ques- tion. Mr. Vaile. What would be the original justification or grounds for making an arrest by the Department of Justice ? Mr. Fisher. Well, on this particular occasion, the police depart- ment apprehended these men. I was not with them; but I know what they did; they went to various pool rooms, etc., in which for- eigners congregated, and they simply sent up in trucks all of them that happened to be there, for the other people to weed the right ones out. That is what was done. Mr. SiEGEL. What was the date of that ? Mr. Fisher. It was approximately about the first part of February. I have not the exact date. Mr. BoNHAM. The first part of January. The Chairman. That was the raid to round up the Communist Party aliens. Mr. Fisher. No ; this raid was some three weeks or more later. The Chairman. There have been two raids ? Mr. Fisher. We had no Communist Party people in the State of Washington, except three at Spokane, and they were under arrest prior to that raid. Mr. Vaile. Then these people would have some justification for saying that men had been arrested merely because they were for- eigners ? Mr. Fisher. Well, I presume they would ; yes, sir. They were de- tained only while they could weed them out. They started in about 8 ADMINISTRATION OF IMMIGRATION LAWS. 9 o'clock in the evening, and about 11.30 or 12 o'clock the only people remaining at the station were the people for whom they had warrants, and whom they held. In other words, the others were never locked up at any time; they were simply brought into the offices and hallways, and they were coming and going all the time. As fast as they could determine who and what they were, they were either held on the warrant which the officers had or they were re- leased. Mr. Vaile. Well, you know that the very people who are opposed to our institutions are the people who are at the most insistent on there being no violation of their rights of citizenship; and, while the detention in these cases would not appear to be very aggravated, still, when an arrest is made for no charge except that the man is a foreigner, there is an awkward situation presented. The Chairman. These two raids were somewhat similar to the Department of Justice " slacker " raids ? Mr. Vaile. Yes ; which caused a great deal of trouble and in- flicted a great deal of injustice. Mr. SiEGEL. And produced practically nothing. The Chairman. Let me ask you if the Department of Justice offi- cials in that part of the country consulted with the immigration officials prior to these raids? Mr. FisHER. They did, in this way : They filed with the immigra- tion officer at Seattle affidavits concerning the names appearing on the membership list of the Union of Russian Workers; and on the strength of the affidavits made by the Department of Justice man in charge, warrants on deportation proceedings were requested from the Secretary of Labor and issued by him. After they were received by the immigration office, the local De- partment of Justice man was notified, and he advised the Seattle office that he was awaiting instructions from the Department of Jus- tice in Washington, D. C, as to the day and hour on which he would pick up these men for whom warrants had been issued. And on this particular day he advised us that they would start about 9 o'clock in the evening, and he wanted us to have a sufficient force at the immigration station to take care of them. And at 9 o'clock that night two or three Department of Justice agents came to the immigration station, and soon afterwards the police began bring- ing these people in. Mr. Kleczka. Was that part of the nation-wide movement to clean up the country of radicals, which took place along about January 1? Mr. Fisher. No ; that was some three weeks afterwards. Mr. Kleczka. Well, was Seattle, in your district, included in the campaign of January 1? Mr. Fisher. No, sir. Mr. Kleczka. They did not clean up there ? Mr. Fisher. There were no members of the Communist Party that could be located in the State of Washington, with the exception of three, who were already in jail at Spokane. Mr. Kleczka. I see. The method that you mention here is the plan that was followed in my section of the country, and they got very many dangerous radical aliens. Mr. Fisher. Do you mean in this last raid ? ADMINISTEATION OF IMMIGRATION LAWS. 9 Mr. Kleczka. No ; in the raid of January 2, as I recall. The Chairman. Let me ask you this question : If that list of mem- bers of the Union of Russian Workers in the Seattle district had been handed you and your assistants, would you have been able to run down and locate and identify and bring in the particular men named ? Mr. FisHEE. That were held? The Chairman. If a list of, say, 50 members of the Union of Rus- sian Workers in Seattle who were wanted for the purpose of de- portation had been handed you, do you think you could have found and identified those men without raiding the city in that way ? Mr. Fisher. I think that the officers and prominent active members of the organization could unquestionably have been found; and, in fact, after this raid some 40 of them were picked up, one at a time, here and there, during the next two or three weeks. The Chairman. Well, I think that is all on that line. However, I want to ask you in regard to this trip : Do you know whether a fellow was brought East with you by the name of Michael Cantroni from San Francisco? Mr. Fisher. I could not say who came from San Francisco. The Chairman. Michael Cantroni has been under arrest out there for a long time, and has been begging for deportation, and he is at Ellis Island on his way out, and having arrived there, he discovered that persons confined there are not permitted to see their friends and relatives whenever they please ; and so he has put in a protest ; he is an alien disturber. Mr. White. What I am interested in is, why he can not be de- ported. If a man wants to be deported, they ought not to have any trouble in deporting him. The Chairman. Well, they are moving him along. Mr. Raker. Mr. Chairman, has the witness stated how many were deported on his recent trip to Ellis Island ? The Chairman. There were 51 brought to Ellis Island; but some were deported by way of Buffalo and New Orleans. Before we go any further, I want to say, Mr. Fisher, that there have come to this committee statements, made under oath, by Arnold E. Allen, apparently a citizen of the State of Washington, made be- fore Thomas M. Fisher, examining inspector, and W. P. Callahan, reporter; and these statements are being used in the State courts against certain I. W. W's. Do you remember the examination of Allen made by yourself ? Mr. Fisher. I do. The Chairman. Can you identify it ? Mr. Fisher. Yes, sir. The Chairman. Will you look at this paper and see if it is a copy of that examination made by you [handing paper to witness] ? Mr. Fisher (examiniiiig paper) . I am satisfied that this is a copy of it. The Chairman. And probably the copy being used in the State prosecutions ? Mr. Fisher. Yes, sir. The Chairman. Will you state to the committee how you came to make the examination ? 10 ADMINISTKATION OP IMMIGBATION LAWS. Mr. FisHEE. I was handling a deportation case at Seattle and de- sired to avail myself of whatever evidence I could along the lines that were being used in the prosecution of violators of the State syndicalist law. This alien whose case was being heard had an at- torney named Ealph Pierce, who is the attorney for an I. W. W. organization. Mr. Pierce entered into a stipulation that the testimony of Allen and several others should be taken at Yakima at the time they were appearing there as State witnesses; and he waived his right to be present at the time that testimony was taken. Mr. SiEGEL. This testimony of Allen was taken on March 6, 1920? Mr. FiSHEK. Yes, sir. Mr. SiEGEL. And you had as reporter W. P. Callahan. Mr. FisHEE. Yes, sir. Mr. SiEGEL. Now, did Arnold E. Allen sign this testimony? Mr. FisHEE. No, sir. Mr. SiEGEL. And who is this Mr. Callahan? Mr. FisHEE. He is an inspector of the United States Immigration Service. Mr. SiEGEL. And he has been in the Immigration Service how long? Mr. FisHEE. He has been in the Immigration Service five or six years as inspector, and prior to that he was a stenographer and clerk. Mr. Welty. Do I understand correctly from that that that testi- mony was not signed by the witness ? Mr. FiSHEE. No, sir ; it was not signed. The Chaieman. Let me say to you that this was testimony that was developed, it now appears, in the way that has just been de- scribed to us; and the testimony is playing a considerable part in the trial of members of the I. W. W. in the State of Washington, under State laws. This testimony, which I will ask permission to insert in the record in full, is the confession, in a certain way, of Arnold E. Allen, who, it seems, got " sore " on his superiors in the I. W. W. ; and, there- fore, told what he knew about syndicalism or sabotage, as practiced, and the names of the individuals who did it. Allen is an American, and I presume that, in the State of Washington his evidence is being used against citizens who are being tried for those offenses. (The testimony referred to is as follows :) STATEMENT BY ARNOLD E. AT.LEN. INortli Yakima, Wash., Mar. 6, 1920. Thomas M. Fisher, examining inspector ; W. P. Callahan, reporter.] Witness sworn, te.stified as follows : Q. What is yonr name? — A. Arnold E. Allen. Q. Did you ever join the Industrial Workers of the World organization?— A. Yes, sir. Q. Whfln and where?— A. In April, 1919; I joined them at the shipyard in Seattle ; Skinner & Eddy's. Q. How did you come to join that organization? — A. They made things un- pleasant on the job for me while I was working there, so that I was forced to join them. They told me if I didn't join they would "sab" on me. Q. What local did you join?— A. Shipbuilders' Industrial Union No. 325, of the I. W. W. Q. Did you become an organizer and delegate? — A. Yes, sir. ADMINISTRATION OF IMMIGEATION LAWS. 11 Q- What was your credential number? — A. No. 113 — then it was changed Q. Did you attend any of their meetings in Seattle?— A. Yes, sir. Q. Were the meetings held in a public hall or an the quiet? — A. Quiet; closed meetings. Q. Where were the most meetings held that you attended?— A. Most of them were In the Postal Telegraph JBuilding, upstairs in the Riggers & Fast- eners Hall. . Q. Who was the secretary and treasurer of that local? — A. Peter Stromberg, Q. Was this man also known as li'ete Stone? — ^A. No ; I didn't know him by that name. Q. How long did you carry credentials as an organizer and delegate? — ^A. Until I quit, November 20, 1919. Q. When you took out your credentials as an organizer and delegate who issued them to you? — ^A. The local secretary or stationary delegate. Q. Did you receive instructions as to what your duties were as an organizer and delegate? — ^A. Yes. Q. What kind of instructions did you receive? — A. I received Instructions to sign up as many new members as I could and to propagate some of their litera- ture. Q. Did they furnish you with membership books? — A. Yes. Q. Due stamps and defense stamps? — A. Due stamps, defense stamps, and re- lief stamps ; all kinds of stamps. Q. Did they furnish you with literature? — ^A. Yes. Q. Whom did you receive that from? — A. Stationary delegate. Q. Do you recall what literature you received? — ^A. Yes ; there was a pamphlet called The I. W. W., the Greatest Thing on Earth ; also a pamphlet called The American Workingman, by Hardy. Q. Any others? — ^A. No ; those were the principal ones that I can recall now. I also had The Revolutionary I. W. W., by Perry; also had the pamphlet called The Red Dawn ; also Onward Sweep of Machine Process, and there was one more, called Fellow Workers in the Shipyard Industry. Q. Did you sell some of that literature? — A. No ; I never sold any ; but I gave it away. Q. And it was given to you for the purpose of giving it away? — A. Yes ; by the stationary delegate, and some by the chairman of the propaganda committee. Q. Who was that? — A. That was a man by the name of Spoakman. Q. Did you have or hear discussions concerning the I. W. W. organization? — A. Yes. Q. Did you have conversations with these various officers concerning it? — A. Yes. Q. Concerning the literature ; did they say whether the literature was the official literature of the organization? — ^A. Yes; they said it was. Q. Did they say anything to you about the seal or label of the organization as it appears on the various literature ; did you have any instructions concerning that?— A. Yes. Q. What did they instruct you with reference to the official seal of the organi- zation as it appears in literature or anything else? — A. The seal is the top of the slobf ; any seal to be official must bear the top of the globe. Q. And any seal that bears that is an official seal of the organization? — A. Yes.. Q. Did they instruct you as to what is meant by the word label or administra- tion appearing on the seal? — A. Yes ; that part of the seal is nothing but a label showing it is the general organization label or the general administration label. Q. If it had the word " administration " on it, it is the administration label ? — A. Yes. Q. And if it only has the word " label " what does that mean? — A. The union label — the three stars appearing above the globe also go in connection and is a part of the seal. Q. So I understand you — any literature bearing the globe and the three stars indicate that it is official ; is that correct? — A, Yes. Q. Do you know anything about the One Big Union Monthly?— A. Yes. Q. What is that magazine? — A. That is the official monthly publication of the general executive board of the I. W. W. Q. Published by the general executive board in Chicago? — A. Yes; 1001 West Madison Street, Chicago. 12 ADMINISTRATION OF IMMIGEATION LAWS. Q. And it is distributed by the various locals throughout the United States? — A. Yes. Q. Did you have any requisition blanks as an organizer and delegate such as this one (referring to I. W. W. requisition blank) ?— A. Yes; they generally come through the branch secretary. Q. You have seen these? — ^A. Yes; similar ones. Q. These are official requisition blanks for literature and supplies? — A. Yes. Q. All of these items printed under the head of "supplies and literature" all official supplies' and literature of the I. W. W. to be called for by the dele- gates and organizer and furnished to him? — ^A. Yes, sir; they are. Q. And all of these blank lines below the list of literature; have you ever seen other literature written in there? — A. Yes. Q. Literature that the name had not been printed on and they write them in? — A. Yes. Q. Would that also be official literature that they would be requesting?— A. Yes ; some that they had not printed on the requisition. Q. Now, a delegate or organizer having a requisition blank of that kind would send in one of these for literature they wanted, and when the secretary or treasurer furnished him some he would make a duplicate charging the delegate or organizer with the amount after each item, showing the amount that you would owe the organization; is that true? — A. Yes. Q. And if he did not return any of the supplies or literature he would have to turn in that amount to the organization; is that correct? — A. Yes. Q. Did the organizer or delegate receive a percentage of any kind for the sale of literature? — A. Yes. Q. AVhat percentage would he receive? — A. He would receive — he would get these things at wholesale prices, and sell it retail. Take a magazine like that (referring to the One Big Union Monthly), an organizer would take a bundle of them, say, a hundred ; he would get them for $7.50, and then he would sell them maybe for 15 cents, and he would get the difference. Q. The money less hi.'; discount would all go to the organization? — A. Yes. Q. Now, did you hear any talk at this meeting with reference as to whether or not they believed in the present Government of the United States? — A. Yes; I did. Q. What was the nature of these talks? — A. They don't believe in any form of capitalistic government, and when questioning them very closely as to what they mean by capitalistic government ; they would reply that this is the greatest capitalistic Government on the face of the earth. Q. Referring to the United States? — A. Referring to the United States. Q. Thereby indicating that they did not believe in the form of the United States Government? — A. That is right. Q. Now, was there any talk with reference to what kind of a government they did believe in, if any? — A. Yes; they believe in the soviet government, similar to the soviet government of Russia. Q. Did you hear any talk as to just how — what their ideas were with ref- erence to the control of this kind of a government they Were working for or advocating? — A. They believe in the soviet government of Russia and was to pattern this Government similar to it, only with their executive members as head of the government. Q. Executive board of the I. W. W. to be the head of the Government? — A. Yes. Q. Then what was the soviet — to be the I. W. W. locals for the different sec- tions? — ^A. Yes. Q. All more or less under the soviet board? — A. Yes. Q. And this government was to be confined to the United States? — A. No; it was to talie in the whole world. Q. What, if anything, did you hear them talk about, with reference to organi- zation, teachings concerning private ownership of property and control of indus- try? — A. They dont' believe in no private ownership of property of any ldnd> Q. Community ownership more or less? — A. Yes. Q. Under the control of the organization? — A. Yes. Q. Was this subject generally talked when they got together? — A. Yes.. Q. By officers and prominent and active members? — A. Yes. Q. Men supposed to be posted on the organization ? — ^A. Yes. Q. And did they discuss it as invidiual views, or the ideas of the organiza- tion? — A. Discussed it as the ideas of the organization. ADMINISTRATION OF IMMIGRATION LAWS. 13 Q. So that it was generally understood by officers and active members what the organization stood for was teaching and advocating and working for? — A. Yes. Q. Now, was there any discussion as to how it was expected to accomplish this end?— A. Yes. Q. How did they expect to accomplish it? — A. They expected to accomplish it by means of the general strike, that is, when they were organized strong enough, but in the meanwhile they would try and accomplish it by the use of sabotage. Q. Well, they didn't expect the people to close the industries, and simply hand it over to them? — A. No. Q. How were they going to take them from them? — A. The most common way at the present time while they are not strong enough to work the general strike is to strike on the job for shorter hours, at the present time the eight- hour day, and reduce it to six hours ; then from six to four, and then if there are men without work to two hours a day and then begin striking on the job proper. Q. Now, did you ever hear tliat the organization expects to accomplish this object by the use of the ballot? — A. No. Q. Was that ever discussed? — A. Yes. Q. Have you heard some of them speak of the ballot? — A. I have, and have myself. Q. You have?— A. Yes. Q. Asked them something about it? — A. I'es. Q. What did they say? — A. It was just like a gambler playing with his own deck of cards, the ballot was. Q. Meaning what? — A. Meaning nothing could ever be accomplished by the ballot. Q. Now, in order to force the owners of industries into giving in to them, you say they advocated sabatoge? — ^A. Yes, sir. Q. What was the general understanding of the meaning of the word sabotage? — ^A. It was best explained in one of the district organization meet- ings. The definition was also concurred in at that meeting and passed. The word sabotage has three distinct phases as to its meaning; first is meant by a peaceful way, such as striking on the job. If they can not accomplish their end that way and force an issue they resort to more of a destructive method, such as breaking tools, and destroying property, producing inferior articles of goods. Q. In other words, you mean by causing loss to the owner? — ^A. Yes; and the third is the most violent phase of the word sabotage, whereby if they can not accomplish their ends by the first two me'thods then they resort to the last, which is taking of human life, thMt is get men out of the way who are stopping them from getting their demands. Q. What are the symbols for sabotage? — A. Wooden shoe and a black cat. Q. Are acts of sabotage as you understand it always ordered by the organiza- tion, or are there times when members simply take it upon themselves to per- form these acts? — ^A. It is mostly discussed at meetings. Q. Have you heard it discussed at meetings? — -A. Yes; at lots of them. Q. Do you know, or have you heard any plans laid for sabotage? — A. Yes. Q. Do you know whether or not they were carried out? — A. They were. Q. Can you give any instances?' — A. Yes. Q. What are they?; — A. Such as striking on the job — ^after the 4th of July, 1919, they struck five days on the job. Q. I have particular reference to any destructive acts of sabatoge. — A. About the real destructive period of sabatoge, after they found out they couldn't get their ends by striking on the job at successive intervening times, they resorted to the destructive way of gaining their ends, such as breaking drills, taps, break- ing rigging around the shipyard, putting inferior pieces of work. Q. These things actually happened in the Seattle shipyards?: — A. Yes. Q. Done by members of your local to which you belong? — A. Yes. Q. Were they discussed at their meetings or planned at their meetings — ^A. Some of them were planned and some were not. Q. But some were planned? — A. Yes; I know several of them were planned. Q. Any destructive means that you know were carried on? — ^A. The only things that I know about their destructive policy, at another meeting of the general district organization committee they discussed about ways and means 14 ADMINISTRATION OF IMMIGEATION LAWS. in the lumber work ; and also they discussed ways and means about the hotel workers and restaurants ; how they could gain their ends in those industries. About the lumber work, a spike driven in a log would be a good idea ; break as many cables as they could in a logging camp. Q. How do you know they actually carried these destructive policies on in the shipyards? — ^A. I saw them. Q. Would they report back then or discuss afterwards what had been done?— A. Yes ; they would hold their meetings, a job meeting wh6re tHey were work- ing, and discuss what had taken place, and what some of them had done, and they would lay plans at what time to do more. Q. And did you gather the impression that this was all done in carrying out a fixed policy of the I. W. W. organization as an organization, or simply carrying out their ideas of some radical individual members? — A. Carrying out the ideas of the organization. As for the restaurant workers gaining their ends, they would resort to a form of sabotage which would not be so much destructive in the first place, such as in the summer time catching flies and putting them in the soup, and dropping the salt in coffee and frying meat in axle grease, and putting lots of pepper in the spuds, and so on down the line like that ; whatever they could do that way to drive the trade away. Q. In order to enforce the employers to come through with their demands? — A. Yes; and if that didn't work, to break as many dishes as they could; carry as many dishes as they could, stub their foot and fall down, and break them ; and if that didn't work they would resort phase such as putting poison in the food. Q. These things were actually discussed and planned? — A. Yes. Q. As a policy which the organization desired carried out? — A. That was what was discussed before the meeting. Q. You have seen other I. A^'. W. literature besides what was given to you? — A. Yes. Q. Familiar with it? — A. Yes. Q. Showing you an I. W. W. requisition blank, I will ask you if you are familiar with the pamphlets and publications mentioned thereon ; that is, the English ones? — A. Yes; I am familiar with all of them. Q. Are these publications official publications of the I. W. W. organization as you understand it? — A. Yes; they are. Q. Is it your understanding that they have to be approved by the executive committee of the I. W. W. before they can be published and distributed? — ^A. Yes, sir. Q. That is a fact, is it? — A. Yes. Q. So that is approving and authorizing the publication and distribution of this literature the executive committee of the I. W. W. organization is making their literature official literature of the organization? — A. Yes, sir. Q. You have been told this by officers of the organization that know what they are talking about? — A. Yes, sir. Q. Coming back to sabotage, or acts of sabotage, in the Seattle shipyards that you mentioned, I believe you said you saw some of these acts yourself? — A. Yes. Q. Do you know who performed the acts of sabotage — the men's names? — A. Yes. Q. You knew they were members of the I. W. W. organization? — ^A. Yes. Q. You know in what yard and jinproxiniate time these arts of sabotage were performed that you refer to?— A. Yes. Q. Give me as definite information as you can with reference to these acts? A. After they had struck on the job at intervening times in five days, commencing with striking on the job .Tuly 4, 1919, along about the first part of August — the second week, I think it was — at one job meeting held at Ames shipyard the members of the I. W. W. present at that meeting decided to take more drastic measures to gain their end. It was about the time that they decided at this meeting to perform their destructive methods of sabotage, together with the striking on the job. About a week later I saw a driller by the name of Mcintosh break six high-speed drills, and 13 sets of g taps in one day This was done intentionally in furtherance of their plan that they had laid Also about one week later I noticed a machinist in the ship alley in one of the hulls after the ship had passed through its official Government dock trial of 12 hours' steady running, I noticed a man by the name of John Kelly a machinist, who was jimmying the cap off one of the boxes of the bearing' of ADMINISTRATION OF IMMIGRATION LAWS. 15 the propeller shaft. He had a handful of reamer dust, which is very sharp steel. He took this steel and threw it in underneath the cap of the boxing and let the cap of the boxing down and placed the nut of the box back on, which he had taken ofC for that purpose. And I spoke to him about what he was doing and he told me that he was just doctoring up that boxing so that we could get a little bit more out of this boat. Q. Did he tell you what effect the dust would have? — A. Yes. Q. What did he say? — A. He told me that it would burn the boxing out and also more than likely would spoil that section of the propeller shaft so that they would have to pull back into the dock after they got started out on their official Government trial. Q. Were there any other actr? — A. Yes. In the month of September I saw a man by the name of Mike Kelley, a driller, who went down in hold No. 1 of a hull — the number and name of the hull I don't remember — on Saturday morning at 11.15, clear down to the bottom of the hold No. 1, in the bilge be- low the water line, and started drilling rivets ; and being close to 11.30, when we went off shift, I never particularly noticed to see whether or not he had drilled these rivets clear through or not ; but on the following Monday morn- ing, when we went to the ship again at 7.30, the bow of the boat was listed, with the stern end high in the air out of the water, and at a meeting that Monday morning, about 1.30, of the I. W. W.'s held in the dead-water tank this was discussed, and Kelley said that " if the rest of you wobs would do similar as I did Saturday, we would make these boats so damned expensive that our aims would be quickly obtained." He generally admitted and boasted that he had drilled three J rivets out of the side of the boat in hull No. 1 below the water line that previous Saturday. He said, "See what I done; they will have to employ submarine divers or dry-dock the boat." Q. As I understand it, they were in the habit of holding I. W. W. meetings on the ship, while they were supposed to be working? — A.- Yes. Q. Was that the general practice? — A. That was the way they always did. They would advocate holding job meetings at the general meetings. Q. That is what you mean by job meeting? — ^A. Yes. Q. Who would preside at these meetings? — A. They would elect a chairman, also a recording secretary. Q. Did they pretend to keep a recoM of the meetings ? — A. Yes. Q. And would that record — what became of it? — A. Eeports were made from the minutes of those meetings to the general meeting. Q. Were you well in the confidence of prominent members and officers of the organization, so that you woiild be in touch with inside information as to what the organization was, etc. ? — ^A. Yes, sir ; because X was elected on the general organization committee of Industrial Union No. 325 ; also . held an office on the general auditing committee which would place me In the confi- dence of all members and officers ; also presided at meetings at times, and acted as recording secretary. I was also chairman of the general organization committee. Q. You are, therefore, in a position to know the things as to which you are testifying? — A. Yes, sir. Q. Just what do you mean by the general organization committee? — ^A. The general organization committee — of which I was chairman — of the ship work- ers Is to the ship workers all through the United States about the same as the general executive committee at Chicago is to the whole I. W. W. organi- zation — a board of directors in control. Q. Now, did it need the consent of that general organization committee to carry on this propaganda, sabotage acts, or could that be carried on by the local organization themselves, vi^thout necessarily having the approval and consent in each Instance of the organization committee? — ^A. No; it had to be mentioned by the general organization committee ; the general organization committee could recommend it, or it could be recommended through the gen- eral organization committee by the difEerent locals, and then the general organi- zation committee would pa?s on that recommendation as they saw fit. Q. Did it need any authorization of the general executive committee of the organization? — ^A. That is as far as It would go in that industrial union unless it came to a general strike or something involving all ' the members of the I. W. W. organization. Q. Referring to this literature, you have seen the Cross Examination of Hay- wood, Industrial Unionism, the I. W. W. in the Lumber Industry, have you not? — A. Yes, sir; they are all official publications of the I. W. W. organization. 16 ADMINISTRATION OF IMMIGRATION LAWS. Q. Now, some of these publications, the New Unionism, and Sabotage, by Emile Puoget, are not published by the I. W. W. organization? — ^A. No; but they have adopted it as official, and also they furnish money for the publication of these pamphlets. Q. Who adopted them? — A. The general executive board. Q. How do you know that? — A. Three different executive board members told me so. Q. So that they are considered by general board members, active members and prominent members of the I. W. W. organization, as official, like the other literature published by the I. W. W. publishing bureau? — A. Yes. Q. And the teaching therein must agree with the teachings advocated by the I. W. W. organization? — A. Yes. Q. Now, while these publications are written by individual authors, if the ideas set forth therein agrees with the teachings of the I. W. W. organization, as I understand it, they are then accepted by the general executive committee, and their publication, distribution, and circulation authorized, is that correct? — A. Yes. Q. Do you know whether or not the individual writer receives any benefit, such as a royalty, from the sale of these books? — ^A. No; he doesn't; they are turned over to the organization for their benefit. Q. And the organization receives any benefit that may be derived from the sale or distribution of that literature, or the advantage of the ideas set forth therein? — A. Yes. Mr. Weltt. Is that in the form of a deposition ? Mr. Vaile. It is in the form of question and answer. Mr. Weltt. Well, should it not be subscribed and signed by him? Mr. FisHEE. iFor the purpose for which I took it, namely, to use in the deportation proceedings against an alien member of the I. W. W. organization, it is not customary to sign such statements ; it is simply a record of testimony given. Mr. Vaile. It is like testimony on the witness stand. Mr. Fisher. Since then the State prosecutors have obtained copies of that, merely to guide them in questioning this man when he was 'giving his testimony on the stand. Mr. Welty. Well, do you forward that testimony, then, to the Commissioner General of Immigration here? Mr. Fisher. Yes, sir. The Chairman. I have secured this, I do not mind stating to the witness, in an eflFort to place in some of our reports actual state- ments as to the actual practice of sabotage. Here is a statement of Allen that he saw a man drill three rivets out of the hull of a ship that was being built during the war, for the purpose of letting the hull fill up with water; he describes that. He also describes the actions of another man in secretly putting steel filings in the bearings of the propeller shaft of a ship that was just ready for the Government trial, in order to ruin the ship. The contention has been made over and over again that those charges were not true, but here is an exact statement of cases of that kind made by a witness. Mr. Raker. So that there can be no question about it, this state- ment was taken in the usual course, was it ? Mr. Fisher. Yes, sir. Mr. Raker. And the witness was sworn? Mr. Fisher. Yes, sir. Mr. Raker. And a competent stenographer took down the testi- mony and transcribed it? Mr. Fisher. Yes, sir. ADMINISTRATION OP IMMIGRATION LAWS. 17 Mr. Eakee. And if he has not certified it, of course, he could cer- tify that this is a true and correct statement of the testimony ? Mr. Fisher. Yes, sir. The Chairman. Now, this fellow is an American citizen, and I want to ask you, in your opinion, or from your observation, as to the number of aliens who are doing similar acts? Mr. Fisher. Well, the I. W. W. organization is, in my opmion, 75 per cent alien. The Chairman. In your part of the country or nationally ? Mr. Fisher. I can only judge by my own experience with them. I say, from my experience, I think the organization will run 75 per cent alien. Mr. Vaile. What was the nationality of the man who drilled the holes in the hull of the ship ? Mr. Fisher. The man who made the statement? Mr. Vaile. No ; not the man who made the statement, but the man who drilled the holes in the ship ? Mr. Fisher. His name was Kelly; I presume from that that he was a man of Irish descent, if not Irish. We have not been able to locate him since obtaining this statement. Mr. SiEGEL. Another man was mentioned there also ; what was his name? Was it Stromberg? Mr. Fisher. Mcintosh was his name. The Chairman. Stromberg seems to be an officer or director of the I. W. W. Mr. SiEGEL. Mike Kelly was a driller. The Chairman. Mcintosh is the fellow who broke the drills and 13 sets of taps in furtherance of a plan that they had laid. Mr. Raker. What was the nationality of Mcintosh? Mr. Fisher. I could not say. Allen did not know himself, and I have not been able to locate any of the men mentioned in that state- ment since then. Since that testimony became more or less public on the first occasion that it was used in the court— — Mr. Weltx (interposing). Let me interrupt just a minute. You said a moment ago that about 75 per cent of the I. W. W.'s were aliens ? Mr. Fisher. To the best of my knowledge ; yes, sir. Mr. Weltt. Do you know what percentage of the men who work in the factories in our large cities belong to the alien population? Mr. Fisher. No ; I do not. Mr. Raker. I want to ask the witness, from his observation and knowledge, how many cases have been tried or arrests made under the State criminal syndicalist law of Washington within the past two years? Mr. Fisher. The law went into effect in March, 1919, and there have been, approximamtely, 75 cases — 75 convictions ; up to the time that I left there, there had been two disagreements and one acquittal. Mr. Raker. Otherwise, the cases have been all convictions ? Mr. Fisher. Seventy-five convictions. Mr. Raker. And the State officials and county officials are work- ing industrioushr to enforce that law in Washington, are they? Mr. Fisher. In nearly all the counties. 180165—20—2 18 ADMINISTBATION OF IMMIGEATION LAWS. Mr. Raker. Do you find any opposition to that law in your State among the citizens of Washington? Mr. Fisher. No, sir; the citizens outside of those that are un- questionably radicals, I think are for that law. Of course, the radicals oppose it. Mr. Eaker. What are those radicals ? I would like to get m the record what element is opposing it. Mr. Fisher. In addition to the members of the I. W. W. we have a certain amount of sympathizers with them, and radicals who want to control the American Federation of Labor. Those people are, of course, opposed to any law of this kind ; and they are in the minority, I think. Mr. Eaker. But the American Federation of Labor is heartily in accord with that legislation, is it not? Mr. Fisher. I think all of the men who are with the American Federation of Labor at heart are. Mr. Raker. Yes. The Chairman. Is it not a fact that, in the name of organized labor, a " special jury " was sent down to the murder trial at Monte- sano — the trial of the assassins of the soldiers at Centralia ; and the report of that " special jury " to the effect that an acquittal should have been had is disrupting certain of the central labor bodies. Mr. Fisher. I think it is, because that " special jury " was selected by a man named Frank Turco, one of the most radical men connected with union labor, probably, that there is on the Pacific coast; and he took the pains to select men of the same ideas and beliefs that he had ; so that it was a foregone conclusion as to what that jury would decide before the trial was completed. Mr. Raker. Will you explain that so that it may go into the record : What do you mean by a jury being selected by outsiders to go down there? Mr. Vaile. He called it a " special jury." Mr. Raker. A special jury to go down there and sit in the trial of the case in court. Mr. Fisher. Well, a few radical members of the central labor council managed to get in control of a meeting of that body, and passed a resolution to the effect that labor should have an indepen- dent jury at that trial ; and appointed this man Turco to select men, here and there, in the various towns of Washington and Oregon to go to the trial at Montesano and sit as what was called a labor jury." Mr. Raker. How many of them were there? Mr. Fisher. They were supposed to select 12; but he had only about 7 there for awhile, and I think most of the time only about 5. Mr. Weltt. Was this cases in the Federal courts ? Mr. Fisher. No; in the State courts; it Avas the trial of those men fpr murder, for the Centralia shooting. Mr. Raker. And the men that did this act assumed the status of a jury voluntarily, and then made a report as to their views, in re- porting as to the evidence in the trial of the case ? Mr. Fisher. Yes, sir. Mr. Weltt. It was not a regular jury then, was it? Mr. Fisher. Not at all. ADMINISTRATION OF IMMIGBATION LAWS. 19 The Chairman. Was that the State labor council or the Seattle body? Mr. Fisher. The central labor council. Mr. Raker. I understand the matter ; but I wanted the witness to put it in the record, coining from that State, as he does, as to what was done. The Chairman. It clearly appears that these men, sitting in the courtroom, made an informal report that these defendants should have been acquitted. That report was sent to the central labor bodies in the various towns and counties of the 'State; and the labor men who received that report either had to accept the report or get out of the central labor bodies. Mr. Welty. Well, that was not the legal jury that tried the mur- derers ? Mr. Vaile. No; not at all. The Chairman. I want to ask you, Mr. Fisher, about the case of McGregor S. Ross, who seems to have been sent East for deportation last winter, and was either released outright or else released on a recognizance and returned to Seattle. Now, the report of Thomas M. Fisher, immigration inspector, undated, says : This man entered tlie United States througli the port of Blaine, Wash., within the past five years, from Canada, without inspection. What does that mean? Mr. Fisher. Well, that his entry was surreptitious ; in other words, he. smuggled over the line ; he sneaked over the line. The Chairman. How long after they get into the United States surreptitiously do thev become entitled to remain in ihe United States? Mr. Fisher. It is three years, on that ground, or five years, if they should hold that at the time he entered he was a person likely to become a public charge. The Chairman. What was the charge at the time they tried to deport this man, if you remember ? Mr. Fisher. That he was a person who advocated and taught the unlawful destruction of property and the overthrow of the Govern- ment by force and violence; and also that he was a member of an organization teaching those doctrines. The Chairman. That is, the I. W. W.? Mr. Fisher. Yes, sir. The Chairman. The report I referred to says : After considering the testimony adduced in this case, I find that Ross S. McGregor is an alien Mr. Fisher. That should be McGregor S. Ross. The Chairman. It appears here as Ross S. McGregor; but it goes on and says that this McGregor S. Ross — entered the United States, through the port of Blaine, Wash., within the past five years, without inspection ; that he was at that time a person likely to be- come a public charge ; that he was also at that time a person affiliated with an organization which advocated and taught the unlawful destruction of property ; that he has been found advocating and teaching the linlawful destruction of property subsequent to his entry to the Unitedi States by reason of his activity in, and the support he has given to, the I. W. W. organization and I therefore respectfully recommend that he be ordered deported to the country from whence he came, or of which he Is a citizen or subject in conformity with law. 20 ADMINISTRATION OF IMMIGBATION LAWS. That report is signed by Thomas M. Fisher. Now, what hap- pened to McGregor S. Ross after that ? Mr. FisiiEE. He was ordered deported to England. He was re- moved to Ellis Island for deportation. The next I heard of him he was back in .Port Angeles, Wash., going stronger than ever. He is now in jail at Seattle. The Chairman. On what charge ? Mr. FisHEE. On the same charge, but on a new warrant. The Chairman. A deportation warrant? Mr. Fisher. Yes, sir. Mr. SiEGEL. He has been an expense to the Government, then, of ap- proximately $1,000? Mr. FiSHEE. I would not be able to estimate that at all ; he was de- tained most of the year in 1918. The Chairman. At this point I will insert in the record the report Avith regard to McGregor S. Ross, who is referred to in the report as» Ross S. McGregor. (The report referred to is as follows:) Depaktment of Labok, Immigration Seevioe, Seattle, Wash., December 29, 1919. Hull. Alheet .Tohnson, M. C, Wasliinffton, D. C. Djcae Sik : Receipt is hereby ficlviiowledged of your telegram of this date fislvin.!!; for a diges't of the case of M. S. Ross, alien I, W. W., \vlio was ordered derii'i'ted and ronveyed to New York for deportation some time ago, and after- wards released from custody. I inclose you herewith a copy of the suuimary and recommendation of the examining inspector, Thomas M. Fisher, which I believe will give you the in- formation Avhich you desire. If not, will state that the entire record is in the hands of the bureau at Washington. Kespectfully, Henkt M. White, Commissioner. JI GEEGOU S. ROSS — SUMMARY AND RECOilllENDATION. As to this particular alien, the records show that he is a native of Scotland, 65 years of age ; that he is an atheist and refused to be sworn ; tliat he entered the United States within the last five years from Canada through the port of Blaine, Wash., without inspection ; that he is a member of the I. AV. W. organ- ization, and has been such since July, 1906, being an organizer and delegate for the organization, and a delegate to their conventions. His duty as organizer and delegate was to initiate new members, collect funds for the support of the orgnnization. distribute their literature, and. In fact, promote the interests of the organization and their interests wherever and whenever he could. Ques- tioned concerning his beliefs in the teachings advocated by the organization, and he states that he believes in practically all the teachings set forth in their various literature. Since his arrest and detention he has been active for the organization, and has even gone so far as to initiate and collect money from men detained with him in the detention house. His attitude with reference to the war shows he, without question, is not with the United States. He states that it is immaterial to him who wins the war. This man has been a squatter on the sand spit at Port Angeles, Wash., for some little time. He has no money, no property, no one depending on him, and certainly is not very strong for work. He is a typical member of the migratory herd of which the ort^anization is largely composed. After considering the testimony adduced in this case, I find that McGreo-or S. Ross is an alien, a native of Scotland ; that he entered the United States through the port of Blaine, Wash., within the past five years, without inspection • that he was at that time a person likely to become a public charge ; that he was also ADMINISTRATION OF IMMIGEATION LAWS. 21 at that time a person affiliated with an organization which advocated and taught the unlawful destruction of property ; that he has been found advocating and teaching the unlavsrful destruction of property subsequent to his entry to the United States by reason of his activity in, and the support he has given to, the I. W. W. organization, and I therefore respectfully recommend that he be ordered deported to the country whence he came or of which he -is a citizen or subject in conformity with law. Thos. M. Fisher, Immigrant Inspector. The Chairman. I would like to ask Mr. Blackwood a few ques- tions along that line now. Please state for the record your full name, Mr. Blackwood. STATEMENT OF MR. W. A. BLACKWOOD, FORMEELY CHIEF INVES- TIGATOR FOR THE MINUTE MEN OF THE STATE OF WASHING- TON. Mr. Blackwood. W. A. Blackwood. The Chairman. What is your present residence? Mr. Blackwood. Seattle, Wash. Mr. SiEGEL. What is your occupation? Mr. Blackwood. My occupation at the time this occurred, concern- ing McGregor S. Eoss, was chief investigator for the Minute Men of the State of Washington. Mr. SiEGEL. What is it at the present time ? Mr. Blackwood. At the present time I am doing some work for Mr. Johnson. Mr. SiEGEL. Did you know this man Eoss McGregor, or McGregor Eoss, whatever his right name is? Mr. Blackwood. Yes ; I knew him by that name ; he was brought in under arrest by that name. Mr. SiEGEL. He was brought in under arrest; and then you ex- amined him at that time? Mr. Blackwood. I examined him. Mr. Weltt. What was the date when you did that ? Mr. Blackwood. I think it was about March 1, 1918. Mr. SiEGEL. And in the course of that examination did he make any statements to you in regard to the actions of the I. W. W. ? Mr. Blackwood. Yes. Mr. SiEGEL. Just tell us what statements he made to you. Mr. Blacwood. In answer to an inquiry, Eoss stated that there were, in the lumber industry, about 58,000 members of the I. W. W. ; that they were growing by leaps and bounds in membership. Among other questions asked Boss was as to why the I. W. W. had decided, according to his own statements, not to destroy any more property, that is, burn up sawmills, set fire to timber, etc. He said that the occasion for arriving at that decision was the fact that the I. W. W. had concluded that they would soon be strong enough and powerful enough to take over the things that properly belonged to them ; that is, meaning the natural resources, the banking houses, and institu- tions of commerce. Mr. SiEGEL. Did he at any time say to you that he intended to do it by force, or that the I. W. W. intended to do it by force and violence? 22 ADMINISTRATION OF IMMIGRATION LAWS. Mr. Blackavood. In reply to that question, put to Ross, I think he said he did not know. Mr. Vatle. Did he say to j'ou that they had theretofore at any time actually destroyed property or advocated the destruction of property ? Mr. Blackwood. His answer implied that they had reversed a policj'^ of destruction. Mr. Vaile. And it implied, then, that there had been a policy of destruction ? Mr. Blackwood. Yes. Mr. SiEGEL. Well, was he afterwards taken into custody? Mr. Blackwood. Yes ; he was taken into custody by the Immigra- tion Service. ^ Mr. SiEGEL. Did you ever see him after that ? Mr. Blackwood. No. Mr. Eakee. What was his statement relative to the change in atti- tude, about burning sawmills, or burning timber and other property generally — was it to the effect that they were not doing it just then, but the policy was that they felt they were strongh enough so that they would be able to take over and handle the whole thing ? Mr. Blackwood. His answer was, " Why destroy the thing that be- longs to us and that which we are going to take oyer soon ? " ' The Chairman. At this point, if there is no objection, I will ask that the clerk of the committee make another attempt to secure from the department the records in the Boss case, including his testimony out there, and the reason that he was released and sent back to the State of Washington. Mr. Wei^tt. Before you take up another subject or another wit- ness, Mr. Chairman, let me say that I think Judge Raker probably did not mean what he said, that the I. W. W. do not intend to destroy property, but to take it by force. Mr. Blackwood. They intend to take it; they always add force if necessary. Mr. White. Well, there is not any other way by which they could get it. Mr. Rakee. Well, that is the reason I asked my question in that Avay. Everybody knows that people are not going to yield and let their property be taken away from them; and so, of course, it means force. Mr. SiEGEL. Yes; it necessarily involves force. The Chairman. I will now return to the examination of Mr. Fisher, and, in order to make the matter clear in the record, I will ask him this question: Is it your opinion, Mr. Fisher, that the Department of Justice raids, added to the fact that a great many people do not know that there is not a full court and jury trial in cases of deportation, have led to petitions and protests against de- portation itself? STATEMENT OF MK. THOMAS M. FISHEIU-Hesumed. Mr. FisHEE. You are asking for my opinion now ? The Chairman. Yes. Mr. Fisher. Well, I would think that that has caused these ideas, •or these protests. ADMINISTRATION OF IMMIGBATION LAWS. 23 The Chairman. That is to say, the public generally has a very slight knowledge of the actual processes of deportation? Mr. Fisher. Exactly. Mr. EAker. Well, is not this likewise true, that the public have been misinformed as to the charge, and as to the real character of the man that has been arrested, and also misinformed concerning proceedings had against him for deportation ? Mr. Fisher. I think in some instances that is true. Of course, in these cases in which these raids were made it was announced through the press that they were charged with being anarchists, and that it was a deportation proceeding. Mr. Rakee. Well, that is true ; but the public have not been in- formed as to the character of each individual who has thus been arrested ? Mr. Fisher. No ; I think not — just simply as a whole. Mr. Eaker. By way of illustration, I will say that the reason I am asking that is that in the case of those 249 persons who were deported the press stated that there was nothing against them ; but when you get down to it, there is an individual record against each individual showing that he is of such a character that he should be deported; that he is an anarchist and believes in the destruction of the Govern- ment by force and violence, or he believes in sabotage — or whatever the charge in that individual case might be. Mr. Fisher. There is an individual record in the case of every man held for deportation. Mr. Raker. Let me ask you this question, which I started to ask a moment ago : You said you had been unable to find these men that were boring the holes in the ships and attempting to destroy that property? Mr. Fisher. Since Allen made his statement I have been unable to find them. Mr. Raker. From your investigation, what would you say as to the saving of expense to the Government as well as giving an opportunity to properly enforce our laws, if all of these aliens were required to register and to keep a registration certificate ? Mr. Fisher. I would think; if it could be worked out, that it would be the finest thing, not only from the standpoint of the Government in tracing and keeping track of aliens that are undesirable, but I thiiik it would be a good idea for the aliens that are a credit to the country. Mr. Raker. In other words, it would protect the Government on the one hand and protect the individual on the other. Mr. Fisher. Yes ; protect the individual on the other. Mr. Raker. And also, in the case of this man that crossed the bor- der surreptitiously, we would be in a position to apprehend him and deport him without very much trouble and expense ? Mr. Fisher. Yes, sir. Mr. SiEGEL. What you are doing now in the department is that you take a man to Ellis Island and then release him and let him go back to where he was. How would a registration help out in that particular case? And that has cost the Government $1,000 per man already. 24 ADMINISTEATION OF IMMIGRATION LAWS. Mr. Eaker. Well, it would help in all other cases ; it would help in enforcing the law. Mr. SiEGEL. The trouble in all of these cases that we have gone into is not with the law, but with the enforcement of the law. The Chairman. Mr. Bonham is present. Please state for the record your full name, position, and residence. STATEMENT OF MR. RAPHAEL P. BONHAM, INSPECTOR IN CHARGE OF THE DISTRICT OF OREGON, UNITED STATES IMMIGRATION SERVICE; HEADQUARTERS, PORTLAND, OREG. Mr. Bonham. My name is Raphael P. Bonham; I am the in- spector in charge of the district in Oregon; I am in charge of the Immigration Service in the district of Oregon. The Chairman. You came here with this last party of deportees, who were taken to Ellis Island? Mr. Bonham. I did. The Chairman. You have heard this evidence that has been presented here this morning, have you? Mr. Bonham. I have. The Chairman. Is there anything that you can add to it? Mr. Bonham. Well, the statements that Mr. Fisher has made are along the lines that I am familiar with, and I agree with them. I have been in the service 16 years, or ever since the Immigration Service was established as a separate service; and I have had con- siderable experience with the I. W. W. All that Mr. Fisher has told you is correct. He has not told you all that could be told you on the subject, because it is a very big subject. The Chairman. What efforts have you made to deport alien I. W. W.'s in your district? Mr. Bonham. My attitude, for which I am responsible in my district, has been this: To enforce all immigration laws, at aU times, irrespective of whether the person involved was an aristo- crat or a beggar or a banker or an I. W. W. I have declared that to be my policy; and I think it is the policy of the department, so far as I Imow, because they have generally sustained me. So that we have not neglected the enforcement of one phase of the law. to devote our entire time to another particular phase of it. Mr. Raker. Right in that connection, have you had loyal and full and fair cooperation with the Department of Labor here in Washington ? Mr. Bonham. I think that I have been unusually fortunate in that regard; they have not allowed any aliens that I have sent east to return to Oregon. The Chairman. How many aliens have you sent east? Mr. Bonham. Well, we have sent a great many. I was chaflBng Mr. Fisher coming across the continent, telling him that Portland continually, with the exception of that one carload, was putting on more ahens than his district was; this time we were only putting on one more, and that was not enough to crow over. Mr. Raker. How many were you bringing from Portland that time ? ADMINISTRATION OF IMMIGEATION LAWS. 25 Mr. BoNHAM. We were bringing four, and he ha'd three. Mr. Vaile. You cited, as an example of the loyal and energetic' cooperation of the department, the fact that they have not allowed these deportees to return to Washington? Mr. BoNHAM. No; I said in my district — Oregon. Mr. Vaile. Well, to return to Oregon. The Chaieman. Let us get that information complete for the record: For the fiscal year ending June 30, 1919, how many per- sons were deported from your district? Mr. BoNHAM. I can not give you those figures, because I am not a statistician, and I did not come here expecting to present those figures. The Chaiekan. Well, have you deported up to that date any I. W. W.'s? Mr. BoNHAM. Yes, indeed. If you will permit me, I can tell you about one case that I think will be interesting to you, and it is a very important case ; it is one that is now being written up and dis- cussed in the law journals throughout the United States; it is the case of Neil Guiney v. Bonham. Neil Guiney is, or was, a member of the national executive committee of the I. W. W., and was sent to the Pacific coast by Mr. Haywood, to organize and to direct the lesser organizers on that coast. We arrested him within a week after his arrival there, and ques- tioned him, and gained an admission from him that he was a Canadian. We had plenty of literature to show that he was an I. W. W. ; in fact, he had several steel trunks such as theatrical troupes carry their costumes in, which were full of their equip- ment. The case was a very interesting one. He denied, as we expected him to deny, that he as the secretary of the timber workers' branch of the I. W. W. for Canada and the United States, which he claimed had a membership of 35,000, believed in the unlawful destruction of property; we did not expect him to admit that. I think it is foolish and peurile to expect those men to admit generally that they believe in the unlawful destruction of property. He would evade those questions, although he talked quite intelligently, and was a very bright fellow. But we secured an order of deportation from the department here, our case resting largely on the admission from him that he had cir- culated, as the head of this branch of the I. W. W., the Joe Hill memorial edition of the I. W. W. Song Book, and that that song book contained a considerable number of songs which did teach the unlawful destruction of property. And our case hinged on that one book ; while there were other ex- hibits in the record, that was our main case ; the case was built up around the circulation of that book. We secured an order of depor- tation ; the department and the bureau gave us excellent support in that case. It was a close case. And he had waived the right of counsel, and acted as his own coun- sel in the case. Immediately after we had secured a warrant of deportation we took it up with the Dominion of Canada Government, as it is neces- sary to do in all those cases where a man is a Canadian, in order to 26 ADMINISTRATION OE IMMIGBATION LAWS. fet the consent of the Canadian Government to his return to Canada, might say that I think that, possibly, the release of some of these aliens during the war who had been ordered deported was because we could not arrange for their actual conveyance to the country to which they belonged; we could not execute our warrants. And we can not deliver a man to the Dominion of Canada, neither can the Dominion of Canada deliver an American, or an alleged American, until the respective Government has said that that man is a citizen of that country^ — or this country, as the case may be — and has issued an official document which, when presented to the proper officers, authorizes that man to cross the border, either to this country or to Canada. So that we found ourselves in this situation in the Guiney case, that he verbally committed patricide, and fratricide, and, in fact, assassinated all his relatives, claiming that his father and mother were dead, and his brothers and sisters were dead. He claimed that he had only one brother ; and that he did not know what had become of him ; that his brother had joined the Army, and that he did not know what had become of him. But we, fortunately, secured his Questionnaire, and through that we got a little data on his brother. And we persistently took the matter up with the Dominion Govern- ment. We almost despaired, however, of being able to establish to the satisfaction of the Dominion Government his citizenship of that country ; and if we could not do that, it would simply have been necessary to turn him loose eventually. And at that juncture, Mr. Vandeveer, who is the chief counsel for the I. W. W., appeared and said that he was going to sue out a writ of habeas corpus. And 1 suggested to Mr. Vandeveer that if he would wait a fortnight, or approximately that time — ^that we had about despaired of being able to deport Mr. Guiney ; and under those cir- cumstances we could not imprison him for life under deportation proceedings, and we would be ready to release him in a short time. ' I think this is interesting, because Mr. Vandeveer is the chief counsel for the I. W. W. in the United States. He defended Hay- wood in Chicago. I have been told that he is under a salary of $12,000 a year, traveling expenses, and $5 a day living expenses when he is away from his headquarters in Seattle. ■\^lien i intimated that to Mr. Vandeveer, he said that $12,000 was putting it a little high; but I assume that that is approximately correct. And it is the highly paid, skillful attorneys of this kini that we have to combat in cases of this land. I think that is a matter of interest to you. Mr. SiEGEL. Does not the United States attorney in your district represent you in these cases? Mr. BoNHAM. He has nothing to do with the hearing in 'the de- portation proceedings; he only represents us in the habeas corpus proceedings. Mr. Rakeh. You understand that the district attorney has to do all of the work when there is a writ of habeas corpus brought? Mr. Welty. I tried to get a bill to that effect through Congress, that the Attorney General and district attorneys should perform some of those duties. Mr. SiEGEL. They have their hands full. ADMINISTRATION OF IMMIGEATIOST LAWS. 27 Mr. Kleczka. I suggest that we leave out all extraneous matters and let Mr. Bonham proceed with his statement. Mr. Bonham. I said to Mr. Vandeveer, " If you will wait a couple of weeks, we will probably turn this man loose, and that will save him trouble and save us trouble." If you will look at that picture of Mr. Vandeveer [indicating], you will get an idea of the way he looked when- he said this — he said it with a sneer, or a curling of his lip — that he wanted the Government to know that when we arrested an I. W. W. we had a fight to the finish on our hands. And he said, " I am going into the courts on this case, because I want to humili- ate " — now I will not swear whether he said the Government of the United States or the Department of Juabor, but you can understand what he meant. The Chairman. Well, he has said that about the Government over and over again. Mr. Bonham. Yes ; and I said, " Mr. Vandeveer, that is a matter that is within your own discretion." And so he went into the courts of Oregon with his petition for a writ of habeas corpus. It happens that my brother-in-law is United States attorney for the district of Oregon, and we have very similar opinions about Mr. Vandeveer; and he was beaten in this petition Mr. Raker. Do you mean Vandeveer was beaten? Mr. Bonham. Yes ; Mr. Vandeveer was beaten. The United States court held that there was sufficient evidence; that the circulation of this song book, which contained songs which taught the unlawful destruction of property, was sufficient ; and that the executive branch of the Government, or the Immigration Service, in this instance, was the judge of the facts, and that there were sufficient facts there. Mr. Vaile. That was in the United States district court? Mr. Bonham. That was in the United States district court of Oi*egon. Judge Wolverton held that. Mr. Vaile. Is that case reported? Mr. Bonham. It is; and it is now being discussed in the law journals of the country; because it is quite important. Then Mr. Vandeveer applied to Judge Wolverton for release on bond of his client. Up to that time we had been willing, and would have been glad, to agree to that to save expanses ; because that was a very serious consideration with us on account of the condition of our appropriation; we would have agreed to release Guiney on bond. We thought he was a dangerous radical ; but we felt that we had only so much cloth to cut, and if we had to feed him in jail we would have so much less money; and so we were ready to release him on bond. When the judge denied him the writ was the first time that they asked for a bond ; they went to the United States court and asked for a bond; and Judge Wolverton heard the case and said, in effect: " Since I have remanded the man to the immigration officers, and have held that their custody of him was proper, you can see them about a bond." And Mr. Vandeveer came to my office. In the meantime I had seen the United States district attorney and had telegraphed to Washing- ton, suggesting that the United States attorney's office and my office were in accord in believing that this man was an exceptionally dan- 28 ADMINISTRATIOiSr OF IMMIGRATION LAWS. gerous alien and should not be released under bond, since he had been ordered deported under the laws. And so when Mr. Vandeyeer showed up at my office I reminded him politely that he had decided that this was to be a fight to the finish, and that I would not disap- point him, and that I had recommended to the department that this man be held without bond. ■f And Mr. Vandeveer laughed and talked about how easy it would be to overthrow us on that contention ; and he went back to the court. Judge Wolverton had left on his vacation, and another United States judge in that same district was sitting; and that judge de- cided that Mr. Vandeveer would have to wait and present his application to the judge who heard the case ; and when Judge Wol- verton returned from his vacation Mr. Vandeveer came down again from Seattle to Portland and presented the application to Judge Wolverton; and Judge Wolverton held that, while it was discre- tionary with him he would, in effect, let our discretion be his, and he would not release the man. Then Mr. Vandeveer, in September, went before the United States circuit court of appeals, which met in Portland, with the same re- quest for release under bond. I should say, however, that in the meantime we had, to our sur- prise and delight, secured from Canada a consent to Guiney's return there ; they had located his people, who were very much alive ; and the only delay in conveying him across the line was this writ of habeas corpus which was under appeal. And the circuit court of appeals held that, since £he case was coming up on appeal to them about six weeks later, or in October, and since he had been in jail that long, they would allow him to re- main in jail, in custody, and would not pass on the bond question until the case on appeal was heard. Mr. Vandeveer went out of the court room muttering under his breath that they were a bunch of pinheads and did not know any law, and all that sort of things — of course, not so loud that they could hear him. But that has been his attitude all along. In October the United States circuit court of appeals sustained the lower court in the Guiney case, and after the mandate reached me I had the pleasure of escorting Guiney to the Canadian line. Mr. SiEGEL. He is out of the country now, then? Mr. BoNHAM. He is out of the country now. That is a test case on the I. W. W., and I think that will be so considered throughout . the country. Mr. SiEGEL. Have you a copy of that book, the so-called I. W. W. Song Book? Mr. BoNHAiNi. I presume I have at home. I want to say this, however, that every prosecuting attorney who has had an I. W. W. case in Oregon— and a lot of those on the other side of the Columbia River, in Washington— have called at my office for exhibits and docu- ments that were used in that case ; so that I have almost exhausted my supply, and can not say positively what I have on hand now. Mr. Wilson. Mr. Chairman, have we a copy of that book? The Chairman. Yes. Mr. BoNHAM. The brief in the Guiney case, in the circuit court of appeals, I have forwarded to the bureau ; and I think you would find that very interesting. ADMINISTRATION OF IMMIGKATION LAWS. 29 The Chairman. We will endeavor to secure the brief. Mr. BoNHAM. And at the same time Judge Wolverton delivered an exceedingly interesting opinion in the case of the United States v. Carl Swelgin, which I would suggest that the committee secure. The Chairman. I believe that is already in our records. Mr. BoNHAM. He held that at the time Carl Swelgin was natural- ized, in 1913, inasmuch as he was a member of the I. W. W., was not attached to the principles of the Constitution of the United States as he claimed to be in his petition, and therefore the judge canceled the naturalization papers, and automatically that caused his original German citizenship to be restored, and we were able to return Swel- gin. Mr. Swelgin had assumed that he was safe from deportation. He was very active in that organization, and he said that we could not return him. Some of the documents that were introduced in that case I had purchased myself ia the I. W. W. hall. They were introduced as an exhibit showing the character of the I. W. W. in 1913, when this man was an organizer for it and when he was nat- uralized. The Chairman. This man that you have last named was interned as an alien enemy during the war, was he not? What has become of him ? Mr. Bonham. I can only say that in submitting this file to the department I made a recommendation that he be deported in an effective way by an order from Washington; that the department issue an order for his arrest the moment he was released ff om in- ternment with a view to his deportation. I do not know anj^thing about whether that was done or not. The Chairman. One other thing in that connection, this man Ouiney told you that his relatives were dead ; he lied to you ? Mr. Bonham. Yes. The Chairman. As a matter of fact, the members of the I. W. W. are in an agreement to perjure themselves whenever they deem it necessary, are they not ? Mr. Bonham. I would assume so from their general practice. Mr. Welty. You say that this man Guiney is now in Canada ? Mr. Bonham. I think he is ; we put him there. Mr. Weltt. How was he delivered to the authorities in Canada ? Mr. Bonham. I notified Mr. Joliffe, who is the head of the service of the Canadian Government on the Pacific coast, that he was com- ing ; and he had a representative to meet Guiney ; and his instructions were that Guiney was to report to him at certain intervals ; and that he was to be kept under surveillance. Mr. Weltt. By the Canadian authorities? Mr. Bonham. Yes. Mr. Weltt. You do not know whether he is still there or is in this country now? Mr. Bonham. It would be impossible for any man to know that; that is, unless his sole duty was to watch Guiney and do nothing else. Mr. Weltt. He was not placed under bonds? Mr. Bonham. Not that I know of. Mr. Weltt. Or put under any confinement ? Mr. Bonham. Not any confinement ; no. 30 ADMINISTRATION OF IMMIGEATION LAWS. The Chairman. Let me ask you this : Do you know of any I. W. W.'s who are citizens of this country who have been returned to us from Canada ? Mr. BoNHAM. I do not, Mr. Chairman. Mr. Vaile. What is to prevent Mr. Guiney from coming in under the name of Smith, or any other assumed name ? Mr. BoNHAM. I discussed that with Mr. Guiney; and I told him I would be very much delighted to find him here; so that we might prosecute him for returning; and he said that he had concluded the Government was a little bigger than the I. W. W. after all ; and that he was so well known within the organization, and by a certain ele- ment outside the organization, that if he did come back he felt sure that there would be someone somewhere that would recognize and would ■' squeal " on him. He said, " The world is big, and there is a fine field elsewhere ; so that I think it will be better for my health for me to confine my activities outside of the United States." Mr. Vaile. How would he be identified — by his picture ? Mr. BoNHAM. I had him photographed and his thumb prints taken. You spoke of cooperation. We have a very good arrangement with the police department of Portland, whereby they take any man's photograph that we place there; they furnish us with any number of copies that we want ; and take the thumb prints of the men, and their entire Bertillon record, and do not charge a cent for it. Mr. JIaker. That is very interesting; it gives you a good record of these people. Mr. BoNHAM. Yes, sir. Mr. Welty. Has not the United States a fertile island somewhere where all of those people who do not believe in the Government, and who oppose it, can be sent and allowed to set up a government of their own. Mr. BoNHAM. Why do you say " a fertile island?" [Laughter.] Mr. Weltt. Well, we would not want to have them come back here. The Chairman. You spoke of cooperation with the department. That means that when you deal with the oiRcers here in Washington — you are the chief officer in the Portland district? Mr. BoNHAM. Yes, sir. The Chairman. And you deal directly with the Commissioner Gen- eral of Immigration? Mr. BoNHAM. Yes, sir. The Chairman. That is as far as your authority goes? Mr. BoNHAM. Yes, sir. The Chairman. Whatever troubles might develop between the commissioner general and the Secretary of Labor is beyond you and not known to you ? Mr. Bonham. Well, sometimes they are. I do not know whether you would be interested in this; but on one occasion I became what some might term insubordinate ; I was instructed to turn three people loose. The Chairman. Instructed by whom? Mr. Bonham. Well, it was the order of the Secretary, concurred m by the commissioner general, I think. I had arrested two Chi- nese prostitutes, and their procurer, and had established what I ADMINISTRATION OF IMMIGRATION LAWS. 31 thought was a remarkably conclusive case against them. In fact, it was one of the strongest cases of . that character that had ever gone in, because a Chinese prostitute usually confines herself to Oriental patrons, and it is difficult to get the evidence. This was, however, a surprisingly strong case. And the Chinese had told me that they had $5,000, which they were willing to spend with an attorney, or in any way which would cause the release of those women; they are worth about $3,000 apiece, I think; a prostitute in good condition is worth about $3,000, I think, with these tongs. 1 was very much chagrined when I received this communication directing me to turn them loose. 1 was nonplussed by it, because I thought the evidence was conclusive. And so I wrote to the bureau, which was my means of reaching the department; I did not know where this trouble had arisen or who was responsible. And I said that my conscience would not permit me to carry out their instruc- tions without making this one appeal for a reconsideration. I said that I did not want to be considered guilty of effrontery or insubordi- nation, but that these people were at large under bond, and I did not think they would suffer any great hardship by my handling it in that maimer; and I said that their character was so well known in the vicinity where they were arrested that I felt that the integrity of the service would be injured and our integrity would be injured if we set them loose, because the Chinese are always willing to pay well in those cases. And I said that if there was some amendment in the law that I did not know about I wanted to know about it ; or if the department had adopted some new policy I did not want to fall into the same error again ; I wanted to know about it. And then I found that the Bureau of Immigration had sustained me, but that the department had ordered their release. Mr. Box. Who represented the department in that order, do you know? Mr. BoHAM. I am not positive ; but Assistant Secretary Post wrote the letter in reply to mine. The bureau, in transmitting this, said : We have very little more to sny, and there is very little more we can say, since we sustained the inspector in his original recommendation. Mr. Eakee. In speaking of the bureau, you are speaking of the Commissioner General of Immigration ? Mr. BoNHAM. Yes, sir. And so Assistant Secretary Post replied that I was not to be considered guilty of effrontery or insubordination, but, on the other hand, was to be commended for my standing for what I so firmly believed to be right, and that the cases were to be reopened and further evidence heard. Mr. SiEGEL. Were the cases reopened ? Mr. BoNHAM. That order, of course, was followed, and further testimony was taken, which, added to the already strong testimony, caused the department to order them all deported. They spent about $3,000 fighting the case in the courts. They had, all told, I think, about five different attorneys;' and the courts sustained our case all the way through ; and they are now in China. You asked me whether my dealings were exclusively with the bu- reau ; and so I say that in that instance I did the unusual thing and did not follow instructions. 32 ADMINISTRATION OF IMMIGRATION LAWS. Mr. Eaker. Let me ask you the name of that case, so that we may have it in the record? Mr. BoNHAM. It was the case of Day Gim, Chan Shee, and Louie On. Mr. Rakee. From Portland, Oreg. About what year was that? Mr. BoNHAM. I think the arrests were made in 1918; they were finally deported in 1919 ; the deportations were delayed by the pro- ceedings in which they asked for habeas corpus. Mr. Kaker. I ask, Mr. Chairman, for the admission into the record of this case and this correspondence, in order that we may have an opportunity to go into it further, and that we may have further wit- nesses from the department, if deemed desirable. The Chairman. Without objection, we will ask for these records. Mr. Box. May I ask a question? Do you have any information about how your original order came to be reversed? Mr. BoNHAM. There is a memorandum in the file which gave some inkling of that. Mr. Box. Did somebody outside interfere and bring influence to bear? Mr. BoNHAM. No ; I do not think so. I think that, on the theory — perhaps I would not be right in that; but I gained the impression, somehow, that, on the theory that some men that would become patrons of Chinese prostitutes, must necessarily be so low that their testimony would not be of much value. And they had a lawyer of considerable skill, an ex-United States district attorney, who made it appear that this was due to excitement ; that there had been some tong murders in that vicinity; that a white woman had been acci- dentally shot in the fracas; and that the people of the town had risen up and demanded that the Chinese all be expelled from the town — all of which was true. And for that reason he argued that this was a part of that mob psychology which had caused these witnesses to come in and exaggerate what they knew, with a view of carrying out their avowed purpose in the community, of expelling all the les of our democracy; we are running on very danger- ous ground the moment we do not give every man a chance to prove whether or no he is innocent. The Chairman. We do, but we undertake, in the sovereign right of the United States in an effort to protect itself to make a few in- quires before the man has received advice as to what he shall, or snail not say. You might not get at the facts at aU if you informed a man that what he would say would incriminate himself. Mr. Panunzio. Evidently no person will do it; no person wiU do that. Mr. Raker. That is not a constitutional right of the aHen. The Chairman. These investigations are not trials; but the Government must constantly make inquiry for its own protection. We can not get orders for deportation of some who have been arrested under serious charges where the evidence discloses that they were not legally in the United States in the first place, no attention being paid to the fact that they serreptitiously stole into the United States; and now they are being rearrested for deportation and the great public hue and cry goes up that they having been discharged once should not be arrested again for the same offense. Mr. Wilson. Would you change the present administrative hearing in relation to the deportation of aliens, to a judicial proceed- ing? Mr. Panunzio. I have submitted that question to some of the brightest lawyers in this coxmtry and I have their opinions. As I stated before, I have no training in legal procedure and I do not know anything about law, to speak of; therefore, I have submitted this question to some lawyers, American lawyers, American-born lawyers, men who have given years of study to the question of law, who are instructors in law, who are instructors in one of the best ADMINISTEATION OF IMMIGEATION LAWS. 141 universities in this country, and I am advised, by them, or from what I read of what they say, that it is the safest thing, everything considered, it is the safest way for the principle of our democracy to substitute judicial authority for the administrative hearing. Mr. Wilson. At one time I felt the same way about that, but upon investigation I reached the conclusion that it would be the most dangerous thing that we could do. Mr. Panunzio. On that position, sir, I would say, if I might go on with this statement, that on the question of whether suppression and repression ever really solves the problem; and history repeats itself. Mr. Raker. I can not get your viewpoint. Mr. Panunzio. And what we know, I feel what we know to-day that if we could expend the same amount of energy and the same amount of money, and the same amount of talent to the education, to the positive education of these people in regard to the fundamental principles of our democracy that we would accomplish infinitely more than we accomplish by any method of suppression or repression; and I get that view irom mstory. You can suppress, you can kill a few radicals, you can extradite them, you can exile them, you can send them anywhere, but by doing that particular thing you are bringing about the very thing you do not want to come to pass. History repeats itself, that you can kill individuals, but you can not kill ideals unless you can combat those ideals and ideas with ideas and ideals. Mr. Wilson. That is just the speech that Mr. Trotski makes; your argument suggests that. Mr. Panunzio. I have nothing to do with Trotski; I never be- lieved in Mr. Trotski; I should not want that to go in the record. The Chairman. What you are going to do with the alien who comes here already educated and comes with the idea that the first thing he is going to do is to get up an organization denouncing the Constitution. Mr. Panunzio. I would kick him out. The Chairman. And laws which he must invoke. Do you know any court or jury trial Mr. Panunzio. I would kick him out. The Chairman. We are not far apart on that. Mr. Panunzio. But, Judge, that is an extraordinary case; he is an extraordinary The Chairman. I used to think so, but the farther we go Mr. Panunzio. That is not the average case of these men who have been imprisoned. The Chairman. What would you do with the Soviet ambassador, so called, Mr. Martens; what would you do with him; he is up for deportation now ? Mr. Panunzio. I have no way of . judging that, Mr. Chairman, but I think I would get away with him. The Chairman. Well, now, do you not know that that would be called by these agitators repression? Mr. Panunzio. What is that? No; I do not think it would, Mr. Chairman. The Chairman. Absolutely. 180165— 20— FT 2— A 142 ADMINISTRATION OF IMMIGRATION LAWS. Mr. Panunzio. No; I beg your pardon; I do not think it would' by the American people. The Chairman. No; not by the American people. Mr. Panunzio. I can not believe it. The Chairman. But it will be called repression probably by 99 per cent of these fellows who have been m danger of deportation and have been released. Mr. Panunzio. Yes; but not by the American people. I have never doubted the American people, Mr. Chairman. I have stated, and I wish to repeat, that I have the most profound confidence in the American people ultimately. The Chairman. I will tell you what our problems are right now. These difficulties are the result of indifference during the past 25 years as to who came to the United States ; and at this moment when we are beset with these problems that seems to be almost impossible of solution, this committee wUl, next week, hear numerous com- mittees, organized and representing great societies in an appeal to immediately get into the United States 5,000,000 more. Mr. Panunzio. Mr. Chairman, talking on the bill, mv position is that it is an exceedingly wise provision that there shall be a sus- pension of immigration for the next two years at least. I fully agree with that; but, Mr. Chairman, who is bringing these millions here, these millions of immigrants; who is bringing them? The Chairman. Those who are bringing them are the people who want a class of inferior, underpaid laborers. Mr. Panunzio. And I would point to them as the most un-Ameri- can men that ever lived on this continent. The Chairman. Well,. I thank you for that statement. Mr. Panunzio. As I have stated to you, I have just returned from Europe. I was in southern Italy, and I heard the statement of an official of the United States of America that whole villages in the Isle of Rhodes are being depopulated to-day and the people are being turned toward the United States of America. I inquired who was doing this, and my informant told me that as far as he knows there are certain agents of certain companies from the United States work- ing in those villages and endeavoring to foster the immigration move- ment from Rhodes. I say, I repeat, that any organization, or any group of men that stand for anything like that represent the most un- American thing that is being done on this continent in relation to immigration matters. Now, that is my stand on that, Mr. Chairman. The Chairman. Have you read Prof. Foerster's book on the Italian immigration question? Mr. Panunzio. Yes, sir ; I know Prof. Foerster weU. I talked things over with him very thoroughly. I have worked with him and in his class; I just got aletter from him yesterday in relation to some matters. I beheve Prof. Foerster understands that subject, and the Italians feel the same way. The Chairman. Could you make it convenient to be here next week when this New York delegation will be here? Mr. Panunzio. Yes, sir; I wiU be very glad. Mr. Kleczka. Do you believe that an alien has a right to advocate a change in our Government ? Mr. Panunzio. Is that as far as you go ? ADMINISTRATION OF IMMIGRATION LAWS. , 143 Mr. Kleczka. Yes; do you believe that any alien who comes to this country and before he has taken the obligations of citizenship has any right to advocate a change in our form of government ? Mr. Panunzio. If you say legal, no ; I would say no ; I would say no. He may, may I add there, of course he may have come here with a conception that we make provision for him in our laws, with a con- ception of making a change in the government from which he came. Mr. K' EOZKA. Have you seen this document 172, Senate Document No. 172? Mr. Panunzio. I have not, sir. Mr. Kleczka. The Bolshevist Movement in Russia and a letter from the Secretary of State transmitting certain memoranda on that aspect ? Mr. Panunzio. No, sir. Mr. Kleczka. Showing that the movement is international and they are not confining their efforts to Russia. Their efforts are to overthrow Mr. Panunzio. I have not seen that yet. Mr. Kxeczka. I have another copy ; I am going to give this one to you. The Chairman. That is Senate Document No. 172 ? Mr. Kleczka. Yes, sir; Senate Document No. 172. The Chairman. Now, then, let me ask you another question. In these deportation cases, where there is an honest doubt as to whether an alien is desirable or as to whether he should be deported, would you resolve the doubt in favor of the alien, or in favor of the country ? Mr. Panunzio. In favor of the country. Mr. Box. May I'make a few inquiries of the witness, Mr. Chairman ? The Chairman. Yes. Mr. Box. You have made it plain to me, and I want it made plain for the purpose of this report that your activity is purely a church and humanitarian activity ? Mr. Panunzio. Yes, sir; and in addition to that is purely con- structive. Mr. Box. You have discovered that this committee has to know the motives behind men ? Mr. Panunzio. Yes, sir; naturally. Mr. Box. And you are not in any way connected with any such society as those you have described? Mr. Panunzio. Never, never. Mr. Box. But purely, and wholly, attempting to do humanitarian, Christian work ? Mr. Panunzio. Yes, sir; absolutely. Mr. Vaile. You are anxious to help people? Mr. Box. I understood that was the gentleman's position. Mr. Panunzio. In proof of that, Mr. Chairman, may I say Mr. Box. Yes. Mr. Panunzio. In the first„place, I am just about to publish a little booklet that would answer a lot of these questions; I nave it in the press. Mr. Box. We often find upon investigation that there are influences back of people that do not disclose themselves at first; and I would not be d«ing my duty here unless I was frank with you, and unless you were frank with us. 144 ^ ADMINISTBATION OF IMMIGRATION LAWS. Mr. PANtJNZio. Yes, sir; I am frank. Mr. Box. I need not say that. Mr. Panunzio. And I say in the first place my record is an open record. I have always believed in playing the game fairly and putting my cards on the table, everything I have. My record shows I have in every way stood for the principles of our Government and of our country. Mr. Box. Now, one thing more, and you will permit me to say I ask some of these questions by way of suggestion as well as seeking information Mr. Panunzio. Yes, sir. Mr. Box. I presume you have carefully considered the possibl* effect of conclusions that such an organization as yours would have upon public minds ? Mr. Panxinzio. Yes, sir. Mr. Box. You know that if you are using considerable sums of money contributed by your brethren — and I suspect that it would be found that you have them around this table as well as scattered all over the United States — that such an activity as this, if generosity, gentleness of nature, and all those tender qualities that make our best part should predominate over judgment and over the st«rn side of duty, that such an impression as that going out through your great churches in America might do infinite harm; you realize thati Mr. Panunzio. Yes, sir; fully. Mr. Box. One thing more important to their Mr. Panunzio. And, pardon me, if I just interrupt you on that and make you an answer that my workers, some of whom are here, often joked me continually because they may come with some impression on one side and another, and I am just constantly saying: "Facts, facts, nothing but facts"; so they joke me continuouslv. They say: "Well, now, what did you say — ^facts?"; and that is the thing I am trying to get at right straight through, and I have just had the battle of my life with some of the interests either on one side or the other for me to come out weeks ago with a statement on this question, and I answered: "No; just hold on; I am seeking for the truth and for the facts," and you can be certain that not only will we be glad to submit any report which we may have, as we will have for the execu- tive committee of the interchurch world movement, but we should deem it a great honor and privilege to submit it to this committee for review Mr. Box. Well, now Mr. Panunzio. For review and for approval; in fact, censure. Mr. Box. In dealing with this question, you realize you are dealing with men who, while they may not be charged with a crime, are charged with things that are close to crime and equally hurtful to society. . Mr. Panunzio. Yes, sir. Ml-. Box. I beg to inquire if you, yourself, have had experience in deahng with criminals and criminal institutions ? Mr. Panunzio. Not directly, except just simply— you ask for prisons and I will answer by permission Mr. Box. Well, I am asking it with a view to your work. Mr. Panunzio. Except that I have — my father and my grand- father were both lawyers and 1 have had : Mr. Box. Well, I will say prisoners. ADMINISTRATION OF IMMIGRATION LAWS. 145 Mr. Panunzio. Prisoners ? Mr. Box. Yes. Mr. Panunzio. No; except that I recall in one or two of my pas- torates, where there was a man that got into a little trouble and I just tried to help him. Mr. Box. You were never chaplain of a penal institution? Mr. PANtmzio. No, sir. Mr. Box. Nor ever associated with any large number of prisoners ? Mr. Panunzio. No, sir; I have not. Mr. Box. Were you ever about a State prison ? Mr. Panunzio. Yes, sir. Mr. Box. Enough to come in contact with the men ? Mr. Panunzio. Yes, sir. Mr. Box. What per cent of those prisoners did you ever inter- view that did not tell you a story of their innocence, of mistreatment in prison, and of injustice in trial ? Mr. Panunzio. I think your suggestive question would call for more or less of an answer that would be affirmative, but, on the other hand, it may be of interest to you in this investigation at Hartford, for instance, that I found — I do not recall how many, but a very large majority of the men who said: "Why, yes, we accept the principles of Communism; we want to be deported." Mr. Box. And you found some who denied it ? Mr. Panunzio. Yes, sir; and some of those who did deny it I did not believe. Mr. Box. Yes. I think, though, that you made your principal examination by talking to the men themselves. Mr. Panunzio. Yes, sir; yes, sir; I went with pad in hand and asked them questions, asked them their name and so on and got their general impressions; and may I say that when I came to examine the records I found in the majority of the cases that the impressions which I had formed on my visits upon those men were correct by examination of the records here in Washington. Mr. Box. Now, further about your contact with prisoners, I have to assume if you ever saw any considerable number of men who were in prison, or prosecuted for crime, you never saw many whose trouble did not react presently on their families ? Mr. Panunzio. Oh, yes; I have taken that into consideration. Mr. Box. Yes; and yet you tell us we ought not to disrupt families. Mr. Panunzio. Oh, yes; I know, I fully realize that; but, of course, there is a difference there and you will grant me there is a difference between crime and political crime, is there not ? Mr. Box. Well, my friend, right there, right there, could there Mr. Panunzio. I do not mean political crime, but the acceptance of principles which may lead to political crime. Mr. Box. Yes, well Mr. Panunzio. There is a great difference there, is there not 1 Mr. Box. Yes; but you wul permit me to say, and I think it is somewhat the viewpoint of this committee, that there is no crime of which a man could be guilty in America that would be more culpable and that would call for more vigilant activity on the part of the Government than one which would embroil this country in all the woes to which Russia has been subjected. Mr. Panunzio. Yes, sir; I agree with you. 146 ADMINISTRATION OJ- IMMIGRATION LAWS. Mr. Box. And do you not think that your Government ought to deal with these men who aie bringing poison to the heart of society as if they were the worst of criminals ? Mr. Panunzio. But I would -deal, Mr. Chairman, I would deal in two ways. In the first place, with actual propagandists I would deal in the manner you have suggested, but I would deal with those who were subject to that propaganda, or those who may have fallen prey to that propaganda, in entirely different ways. I would deal with the leader in a positive educational way; for I believe, as I stated before, that nothing will enhance the interest of these very people who both you and myself condemn, and the Government should condemn and does condemn — nothing will enhance their own interests as much as a few hundred imprisonments, some exiles, some con- demnations. History repeats itself. You will recall that when Christianity came into being the whole question came up Mr. Box. I see the full force of that argument and realize it, I think. Mr. Panunzio. Pardon me until I finish this. Mr. Box. I beg your pardon. Mr. Panunzio. The question came up whether this minority which was now taking up this new religion, which was a criminal thing in those days — whether 'this religion should be condemned outright or not. It was then that Pilate, was it — 'who was it, do you remember ? — that great student of law, made this statement, and you know, as my superior once said, that there is nothing as assured as a Jewish lawyer. He made this statement; that is, Pilate made this statement: "Gentle- men, if these people have anything that is at all right, or redresses the wrongs of the people, it does not make any difference what you do, they will conquer. If, on the other hand, they are wrong, they can not conquer." Again, I refer to the statement that I made some time ago, that I have a profound confidence in the people and in the Government of the United States, and I believe that no doctrine, however per- nicious, can possibly induce the people of the United States to over- throw the Government of the United States. The Chairman. You will admit that Lenin and Trotski are wrong ? Mr. Panunzio. Yes, sir. The Chairman. Yet they have conquered Russia. Mr. Panunzio. Beg pardon ? The Chairman. They have conquered Russia. Mr. Panunzio. They have conquered Russia because of certain conditions that were at the bottom. You have got to correct those conditions before you can change it, and I do not believe those con- ditions exist in the United States. Mr. Raker. None of the doctrines taught by the Communist Party, the I. W. W.s, the Russian Workers, can be said to be right. Mr. Panunzio. I should think not. Mr. Raker. Their whole idea is the repeal of laws that prevent the accomplishment of their desires. Mr. Panunzio. Yes, sir. Mr. Raker. Which would eventually mean the overthrow of our Government ? Mr. Panunzio. Yes, sir. ADMINISTRATION OF IMMIGEATION LAWS. 147 Mr. Raker. Then, your illustration as to the general course would very aptly apply, would it not ? Mr. Panxjnzig. Except in this way, that I emphasize again that so far as leaders are concerned you can take one attitude and should take one standard attitude, but towards the people who are subject to that influence, and that propaganda we should take an entirely differen.t attitude; I think we should educate them to see differently and to take each separate instance and try to show them, we explain the duties, and as I sa,y, the influence from one side The Chairman. But, in the case of one of your apparent cases of injustice you should know; that the man himself signed the order requesting the transfer of his wing of the Socialist Party to the left wing. Mr. Panunzio. I did not say in this^ — The Chairman. But you cited the record. Mr. Panunzio. I did not draw on the imagination, I just cited the record. The Chairman. The record which you cited then showed his state- ment that he did not know what he was doing, although he was intelligent. Mr. Panunzio. I was simply reading to you an abstract; we had not formed our opinion; we have not reached our conclusion at all unless I may have reached a conclusion personally. The Chairman. This committee has not either, for that matter, and it is just as proper for the committee to withhold statements as it is for you and your workers to do it. Mr. Box. In connection with the matter about which the chairman has just inquired I think I saw in your preliminary statement, and I do not say it by way of criticism; I am assuming since your answers to these first questions, that we are here for the same purpose. Mr. Panunzio. Yes, sir. Mr. Box. But I think I saw running through them all a suspicion, a fear, that the Government was dealing inconsiderately, harshly, and unwisely often with innocent men, and I noted along with it the fact that you got your information primarily from the men charged with wrong and you submitted a few specimens of your inquiries; and you indicated a suspicion, or fear as to some particular cases. I do not think I was alone in getting that impression from your re- marks. Now, I have to ask if you ever were in the office of a governor, or any other person charged with the duties of reviewing the record of men charged with crime; have you ever seen the affidavits and other exparte papers that can be gotten up and are gotten up in behalf of nearly every one of the thousands of men in prison? Mr. Panunzio. Once I had the privilege of witnessing just such a thing in the case of — ^in Massachusetts. It was a general case, some years ago — I don't remember now. Mr. Vailb. If you have had only one case your observation isn't wide on that score, but doesn't it suggest itself to you that every single man who has friends enough to present an application for pardon or commutation of sentence can file as large number of such affidavits as you have here? I have read those. I read that one from that aged Baptist minister and the one from the college pro- fessor and I tell you those sound weak compared with what the average criminal gets. 148 ADMINISTRATION OF IMMIGRATION LAWS. Mr. Pantjnzio. In that case I would revert to one of my funda- mental contentions, namely, that, in the first place I would answer the question that I do not put very much weight to any such letters as some of these letters that have been submitted. In fact, per- sonally I don't pay that much attention to a letter of introduction. A man offers me a letter of introduction, I put it in the waste basket. I feel if I can't come directly in contact with the man when I meet him and our personalities react on one another, it is a failure. For that very reason one of my contentions is that, is it not the wisest course for us to endeavor to give these men a judicial trial ? The Chairman. Let me ask you, you have a few cases of deporta- tions on the Buford where yoiu- report, as far as made, shows that families were separated. I believe you had 11 or 12 cases ? Mr. Panunzio. Yes, sir; and you recollect that I stated that we have had a feeling of suspicion all along about all those reports and we have been working in several ways to try to trace and find out whether or not it is true. The Chairman. I want to show you something. Twelve cases out of 249. You are aware of the fact that the Inter-Ilacial Con- ference has caused to be published in all the foreign language news- papers that it can reach and in some other newspapers and to be circulated in its weekly letters to Members of Congress and Senators and published broadcast a statement that great injustice had been done in 10 per cent of the cases, and quoting the Secretary of Labor with that statement. Mr. Panunzio. I have not seen that statement. The Chairman. I want to show you how those things go, and from what they start. Mr. Panunzio. We will stand with you, Mr. Chairman, in making the facts known. The Chairman. Neither your report when made, nor the report of this committee on the actual facts in regard to the deportation of 249 vicious people, could ever catch up with that statement that has gone to the public. Mr. Panunzio. But on the other hand there has been a great deal on the other side that we ought to be able to counteract. The Chairman. Read by the people who are not conversant with the exact facts. But your statement has gone everywhere. We hear from it in every way. Now your statement might run down to six or eight cases of men who were separated from their famUies in the same way that men are separated from their famihes when they are sent to jail for crime, or even when they are hanged for murder. Mr. Panunzio. Yes, sir; you may recollect, Mr. Chairman, that that statement about fainilies is just about that long. I haven't placed very much emphasis on that. I feel the whole thing is super- ficial and that it is hable to be misused and my workers will testify, if examined, that we have been joking about that whole situation. Mr. Raker. But if you should have just interpolated at the end of that sentence, "This is only superficial," it would have had its effect, but standing alone it has had its bad effect. Mr. Panunzio. But as I said yesterday, a half dozen times or more, we haven't gotten together the close-up of this judicial pro- ceeding. ADMIHTSTRATIOSr OF IMMIGKATIOW LAWS. 149 The Chaieman. I want to show you by this how keenly others axe watching all these inquiries and bow they hang on these little statements. I said that the statement was sent out as if it came from the Secretary of Labor. We have secured the statement from which that statement was deduced. It was not what he said. You have not the knowledge that in the State of Washington there are actually 60,000 known I. W. W.'s., all men. Many people now know about that order and what it is working for. Its principles are destructive. It is attached to the Communist Party, and prob- ably every one of its members has read the manifesto of the Third Internationale, which you say you have not read. Mr. Rakee. I want to get some fundamental statement from the doctor in regard to the present law on deportations and fundamen- tally on trials. He has made some statements, superficially, which I believe he is in favor of, that he don't believe in judicial proceedings for deportations. I want to question the doctor on that. I feel satis- fied that he has not based his statement upon investigation and he will admit on proper examination that he doesn't know the fundamentals upon which the law is based and therefore superficially makes that statement. In justice to the doctor, I think that ought to go in. Mr. Panunzio. But I have made very clearly the statement (I think if we will go back to the record we will find it). I stated in answer to the judge that personally I have no knowledge of law. I have not studied law except as indirectly Mr.. Rakee. That is what I want to go into. Mr. Panunzio. And that this judgment that comes to me comes from men who have made a study of the question. The CHAraMAN. Now we want you to bring if you can the names of those men._ Mr. Panunzio. If I am permitted by the men themselves to do so I shall be glad to do so. Mr. Rakee. This committee has made a study of that. You are a student of this question; we hope to ask you to come here to another hearing, and make your statements with regard to immigration generally and suspension of immigration. That wiU eliminate then the details with regard to immigration. Mr. Panunzio. Yes, sir. Mr. Raker. I hadn't finished the statement here. The Secretary proposed that we publish the cases referred to this morning of the Baltimore tailor; one man that is published. You are not ready to give out any countercases, neither is this committee, and we wouldn't consider it desirable. The statement of one man is as bad and dam- aging to the United States as if there were 10,000 of those cases. Mr. Panunzio. Yes, sir; Mr. Box. For instance, see what the Dred Scott decision did in American public opinion. Mr. Rakee. Is there any difference, in your opinion, of a man indicted by a grand jury which had been empaneled according to the law, with afl the qualifications of the law, and charged by a judge sitting on a bench of unquestioned standing and legal ability, and prosecuted by a district attorney whose record is above reproach, defended by a counsel who is beyond question, and acquitted, and the deportation of one of these men who has been turned loose? Shoiild there be any difference in the one case and the decision of a case of 150 ADMINISTEATIOK OF IMMIGEATION LAWS. a deportation, and to say that the deportation was wrong and in thpi trial court to say it is right? Do you find any distinction at all? Mr. Panunzio. I don't quite get you there. Mr. Raker. Don't it occur every day that men are indicted and tried? Mr. Panunzio. Yes, sir. Give this man a chance. Mr. Raker. Isn't that true that every day men are indicted, tried, and acquitted; isn't that right? Mr. Panunzio. Yes, sir. Mr. Raker. We don't condemn, and we don't want to uproot our legal proceedings in our courts by virtue of it, do we ? Mr. Panunzio. If a man is tried ? Mr. Raker. Oh, no; we have admitted that men are iadicted, tried, and acquitted in our courts. Mr. Panunzio. You said acquitted. Mr. Raker. I am using acquitted all the time, in every instance I have referred to. , Mr. Panunzio. Is he guilty or not guilty ? Mr. Raker. I didn't say anything about his guilt. I say he is legally indicted and legally tried and acquitted. Mr. Panunzio. Yes. Mr. Raker. We don't want to uproot our courts because he has been acquitted, do we? Mr. Panunjzio. That isn't my contention. Mr. Raker. I didn't say as to your contention. I am asking your judgment about it. Mr. Panunzio. That is out of the point. Mr. Raker. No; it isn't out of point. That is what I am going to drive right down; there isn't any difference in the trial of a man m a " civil case and the trial of these men we are trying to deport. Mr. Panunzio. There isn't any difference ? Mr. Raker. No. Mr. Panunzio. In the one case you have a trial by a jury. The Chairman. Here is what we want you to get in your mind. The United States sets up some conditions under which aliens shall not come into the United States, and following that provision of law we set up similar provisions that if found within the United States they shall be deported. Among those are anarchists and those who preach and teach the destruction of property and the overthrow of the right of property and the overthrow of Government, and others who live off the lives of fallen women, and so on, and the shuttiag out all those people is for the integrity of . the United States itself. You admit that the United States has that right ? Mr. Panunzio. Oh, yes. Except, if I may interrupt you at that Eoint, that it has often occurred to me, especially talking about the teracy test concerned, that there is no question that these immigrants haven't come to this country fully on their own initiative. We have needed them as much as they have needed us in a measure, and naturally as you take the Enghsh or any one particular people, inevitably there are some that will creep in. The Chairman. Yes; but I want to get this phase. Now then, if you found an alien in the United States who himself admits that he is an anarchist, what do you want to do with him ? Shall he be tried by a jury, or is he due to be sent out of the country ? ADMINISTRATION OF IMMIGRATION LAWS. 151 Mr. Panunzio. Which I claim- The Chairman. Take another case of a man who we claim is an alien and joins the society for the destruction of this Government. What will happen if you undertake to try him by jury, when one man on a jury of 12 holding a similar belief or something near to it can hang that jury, causing it to fail to get a verdict ? Mr. Panunzio. It seems to me you are discussing a hypothetical case. The Chairman. No; I am not. Mr. Panunzio. It seems to me if you have a given case that can be discussed we can discuss it. Mr. Raker. Before the doctor passes on that lets restate this. Then before you pass on this situation so that I can be in position to ask you some questions — you are fundamentally opposed to the present legally constituted methods under our Constitution to deport aliens ? Mr. Panunzio. I haven't said anything of the kind. Mr. Raker. Are you ? • Mr. Panunzio. No, sir; I am not. I am just simply saying that I have submitted for the consideration of this committee, as one of my suggestions, that there might be such a thing as a change in the law. I am not opposed to the present law. I would go to war for it to support it. Mr. Raker. While I merely put it up as a possible suggestion as a member of the committee seeking light for the purpose of legislating, I am asking him if that is his opinion and he says he is willing to go to war, to light for it. That presents your position in an ideal way. ■ Mr. Panunzio. In a concrete way. Mr. Raker. No; I am asking you if you will come back before the committee and in a concrete way point out wherein the present law is inefficient ? Mr. Panunzio. No, sir; I will not do that. That isn't my ideal in life. My ideal is to come here with a constructive suggestion rather than a destructive way. You caU attention to a weakness in the law which I don't care about. What I want to call attention to is is the change. The Chairman. You do ca^re about a weakness in the law ? Mr. Panunzio. I do; but not in that way. Tlio Chairman. If the investigator who makes an investigation and reports by which a finding is based and a man deported is a weakness, then is the proposition by which a jury trial to determine whether a man should be deported from the country a greater weak- ness ? You have a right to debate that and help decide it. Mr. Panunzio. Yes; I have a right to debate that and I have developed along this way some halfwaj^ suggestions in order to safe- guard the interests and instead of having .the alien in the hands of one man who in a given case might not be competent (some of these men are exceedingly competent, we have the names of some immi- grant inspectors who have done very excellent work in these cases), it might be a provision in the law could be made where two or three men could be called in from two of three places — ^men of judicial temperament, call it a hearing, not go through the process of law, may be, but something like that. Mr. Raker. Are you advised that two men do now sit and hear this testimony and not one man ? 152 ADMINISTRATION OF IMMIGRATION LAWS. Mr. Panunzio. One man. Mr. Raker. I am asking you if you are advised as a matter of fact and as a matter of law that two men do sit and bear these cases for deportation when they come up to the commissioner's office ? Mr. Panunzio. My impression is there is just one man. Mr. Box. You are speaking of the original hearing, are you ? Mr. Panunzio. Yes, sir. Mr. Raker. What I am getting at is this: Will you point out to the committee if you have found anything wrong from the original arrest to the first hearing by agent, the second hearing by the Com- missioner of Immigration, through the report of the Commissioner General of Immigration to the final report to the Secretary, where a man charged with illegally being in this country can not be given a fair trial by virtue of the law as it now stands ? Can you, and will you do that ? Mr. Panunzio. You have made such a complicated request. Mr. Raker. It is all there is to it. Mr. I&leczka. Let me ask you as to this case. You are very much interested in substituting the jury trial. You are aware that in various States in this country we have workmen's compen- sation laws, where legal administrative machinery is provided for adjustment of all compensation. In these cases the men are de- prived of jury trial, the right and power of decision is vested in one and in some cases in three men. The courts have upheld these provisions as constitutional. Mr. Panunzio. Well, adopting quasi judicial proceedings. I am not fixing any definite plan. Mr. Vaile. As I understand, right there, Doctor, you are not necessarily arguing for a judicial proceeding, by a jury, but a judicial proceeding what way it may take, and you are not necessarily in favor of leaving it to clergymen or lawjers or a jury ? Mr. Panunzio. Yes, sir. Mr. Raker. I have listened to the Doctor from his first state- ment down and I am asking him now as an investigator to point out to the committee from his investigations, to point out to the committee wherein and how it appears to him that an honest, fair and full opportunity is not given to an arrested alien for a hearing ? Mr. Panunzio. I think that could be shown if I had an oppor- tunity to take some of these cases. As one of the cases I examined yesterday, the last case — not the last case I mentioned, but the case before — if I had the opportunity to bring that complete record here and pass it around to the committee I can, ipso facto, prove that is the case in some cases. The Chairman. I think we are agreed that there are some cases where the main trouble of the man was being in bad company. It IS niy contention that just a few of these cases should not make it possible to say that all the others are miscarriages or mistakes. Mr. Raker. My dear Doctor, can it not be pointed out that hundreds of cases, where hundreds of cases of justice have mis- carried in our civil courts ? Mr. Panunzio. That is true. Mr. Raker. And that is no excuse why the millions of cases should be thrown out ? Mr. Panunzio. That is true, but I say in the average case, that if I were, or if you were, to be judged for any report, or had to give ADMINISTRATION OF IMMIGRATION LAWS. 153 an account of yourself for any act or for having belonged to an organization that you would rather have a judicial examination than to have one man or even two men not acquainted with the evidence to adjudge you guilty. Mr. Raker. Do you realize that in two-thirds of all the cases involving all the property in this country, that a man is not entitled to a Jury trial and that they are disposed of by one man on the bench? that under our State constitutions and Federal constitution lie can't get a j'ury trial ? Mr. Panunzio. If that be the case I don't see that that would necessarily strengthen your position, sir. Mr. Raker. It only strengthens my position to this extent; that there has been some attack on the method of deportation. Mr. Vaile. That is a Judicial proceeding on which men have a right to counsel and have a right to all the laws for protection. Mr. Raker. He has in this case. He has a right to counsel. Mr. Vaile. He has the right before an officer who is not the arresting officer. I am very much in favor of the Doctor's position, but not in favor of Jury trials necessarily. Mr. Panunzio. You safeguard the thing you want to safeguard. Mr. Raker. Yes; in every case, every day there are cases where the man on the bench is the prosecutor. He does the examining, he forms the complaint, and he enters the Judgment. Mr. Vaile. That is a rather peculiar case. Mr. Raker. No; that is true of compensation boards, the Rail- road Rate Commissions and other commissions, where a man draws up the complaint and hears the evidence. Mr. Panunzio. But it doesn't appear to me that the weakness in one should hold forth in another. Mr. Kleczka. But you must appreciate the effective operation of these workmen's compensation boards. Mr. Panunzio. I do. The Chairman. I appreciate the fact that these men, their rela tives, and their ministers have a misunderstanding as to the law. Mr,. Raker. There is only one complaint I have, that is that the great, big party interested has not been represented. Instead of looking at the deportee and the society, the great, big, 110,000,000 people have no representation, and if you have a district attorney you have representation. No man can get a fair trial in court without a lawyer sitting there. He is at a disadvantage. That is the only question about this. This man in Chicago, the Jury trial found him guilty. Quite probably he is sympathetic; he can read and write the English language, and he signs this declaration, and then he comes in and says "I am a good American citizen; I am in favor of protecting property and in favor of Jury trials." But here is his own lie, and there read his statement, there is his own record there. Mr. Panunzio. Yes, sir. But Justice should be done on each side. Mr. Box. I want to ask the Doctor to consider, if he hasn't already considered it, which he doubtless has, I want to ask him to consider what effect a Judicial proceeding would have in enlightening public sentiment of the extent of this evil among us and whether he don't think the advantage of an open, generally open daylight proceeding would be wholesome in enlightening the public mind and letting them know whether there is a substantial reason for the Government's action in this behalf? ;- 154 ADMINISTBATION OF IMMIGRATION LAWS. Mr. Panunzio. Absolutely. But, as I said, I have the fullest con- fidence in the people of the United States of America, and I have a knowledge of some of the other peoples in Europe; and 1 have re- peatedly made the statement that I see no Government, I see no people that are off and on, as just and true to the ideals of democracy as the people of the United States. Mr. Raker. So far, up to this time, there has been no evidence pre- sented to this committee by anyone that there has been any secret Eroceedings in any of these proceedings or that there are any secrets, ut, on the contrary, it is shown that they are all public heartags from start to the end, and the public has access to them. I have been waiting for that, but up to the present time — : — Mr. Box. Judge Raker, isn't it a fact or not, that there are many ex parte affidavits and statements made when the man is over there in prison and when the representative of the Government isn't about there, that you can go to any officer connected with the proceedings from top to bottom with an ex parte statement, while everybody else is away, and put something into that record that nobody knows anything about ? The Chairman. Have you seen any ex parte statement in the Department of Ijabor on file that is not on the side of the party accused ? Mr. Panunzio. What do you mean ? The Chairman. Letters to the Secretary or to the Assistant Secre- tary or anybody else in the department saying why a party should be deported ? Mr. Panunzio. No, sir. Mr. Raker. Isn't it strange that millions of affidavits are filed against American citizens and others, filed in the War Department and other departments, that they could not even see, that they were disloyal ? Isn't it a fact that millions of statements are filed in the General Land Office against American citizens and others, which they can't even see under the law ? Isn't it a fact that every man who is convicted and comes up to the Attorney General's office for parole or pardon, that there are statements that he can not see; that in other proceedings these statements are permitted to be filed that the party mterested can not see, and yet in those deportation proceedings we talk about ex parte statements being filed which can be seen by any- body; you can go down to the department and see them. I want to think a little about that. I have had a little experience, that men aU over the country who knew people to be very quiet and said they had been 25 years in the country and had stood up for what is right, but they had BUI Jones and others who said that they were not loyal citizens. Haven't Bill Jones and others filed statements in the Land Office against American citizens about a matter they can't see ? Mr. Panunzio. You seem to be defending a weakness. Mr. Raker. No, it isn't the weakness; it is the strength of the present proceedings to the protection of the Government and the ahen. It is the strength of the proceeding. It is its efficiency, its expeditiousness, and its justice that appeals to a man, if you will go to it as against the ordinary judicial proceedings. That is my view of the matter. (Thereupon the committee adjourned.) X BIOLOGICAL ASPECTS OF IMMIGRATION HEARINGS BEFORE THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF EEPEESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION APRIL 16-17, 1920 STATEMENT OF HARRY H. UUGHLIN 4P' 4 WASHINGTON GOVERNMENT PRINTING OFFICE 26402 1921 COMMITTEE ON IMMIGRATION AND NATURALIZATION. House of Representatives. SIXTY-SIXTH CONGKESS. ALBERT JOHNSON, Washington, Chairman. ISAAC SIBGEL, New York. HAROLD KNTJTSON, Minnesota. ROSCOE c. Mcculloch, omo. J. will TAYLOR, Tennessee. JOHN C. KLECZKA, Wisconsin. WILLIAM N. VAILE, Colorado. HAYS B. WHITE, Kansas. KING SWOPE, Kentucky. ADOLPH J. SABATH, Illinois. JOHN E. RAKER, California. RILEY J. WILSON, Louisiana. BENJAMIN F. WBLTY, Ohio. JOHN C. BOX, Texas. L. B. RAINEY, Alabama. P. F. SntdbBj Olerh. \portunitM \ rdness isl ) at thert degenen \ ^work|OGICAL ASPECTS OF IMMIGRATION. hum/ ^ I '■}uldf ' CoM^^™^ ON ImmiIjeation and Naturalization, ™ ' House of Eepeesentatives, >^> ' Washington, D. C, April 16, 19^0. The conJiittee assemble at 11.10 a. m., Hon. Albert Johnson The^HAi^MiAN. We haye a gentleman here, Mr. Laughlin, who •came at oiir r'l^^^^t and wliom we should hear. ^TATTMTTWT IF ME. H. H. LATJGHLIN, OF THE EUGENICS RE- SEARCH AS^CIATION, OF COID SPRING HARBOR, LONG ISLAND, N. Y. Mr Laughlin ^^- Chairman, I want to present the biological and eugenical aspect of immigration. Some of my remarks will be ■of a general nature, but I will support them by special data. Mr Box What Djf ticular phase is he discussing ( The, Chairman. I e'^.es™^. checlring immigration; we will give him permission to putV^st^ti^ti^V''*!-''^''*^^^ f ^^..^ r^v^^nriW ' Mr T »TTr,TTTTTvr TVio character of a nation is determined primarily byTsraiS qualities; t^t is, by f .«/«-« jg the factor It is now high time that the eugenical element, that^l^- ,^ future -of natural hereditary qualities which will determine oui^^;^,^ jjg. •characteristics and safety, receive due consideration. We are^^T^Etj; ginning to study this eugenical situation and to insist that it shalP' be given due consideration. Permit me to set forth a plan which our investigators thought should be enforced in testing the worth of immigrants. There are two features which if added to our im- migration laws would, we believe, result in the, development of a practical eugenic stapdard. First, We think that ah examination •of the immigrants should be made in their home towns, because that is the only place where one can get eugenical facts. If the investigator goes to an institution, a prison, a school for the feeble 4 BIOLOGICAL ASPECTS 0!^ IMMIGEATlj minded, or a poorhouse and finds an individual ^j^g ^^. can be told about the inborn quality of the subj' ^j^^ ^.^j,, vestigator can secure the family history in the in «rial the ritory, and can find out from that source what sor, ^^^ from individual subject is made of, for exatople, whethd mmierant an industrious or a shiftless family, if the prospd ^^ ^j^g ^j. is a potential parent, that is, a sexually fertile per\ esent illit- her admission should be dependent not merely upok ^ uDon the eracy, social qualifications and economilp status, but\ imilv stock possession in the prospective immigrant and in his\ ^-icari ueople of such physical, n^ental, and moral qualiljies as the -A^irL ^ rp^ -^^ desire to be possessed inherently by its future citizenrW ' -^j^en we jportance of this condition of admission iis driven hoin stock of recall that immigrants are going to add] to the breedji SmniCTrant the American people in greater proportion than theJA, shown numbers bear to the total population, because statistic^,- „„ ^„^o„ J.I, J. • • X Ti2 j/i_ * Terican women, that immigrant women are more prolmc than our Amiu,„„„o t T,„,r« Ti/T xj n • A.T J. ■ J.- n trures 5 i- nave Mr. rJox. Can you give me that m comparative h^ ^ cj+ate how been very much interested in that; for instance, caip -^ ■< „„. many more children are usually bom to the iovf^^'^^™- ^^^^^^ than to the American women ? 'i j xt. c Mr. Lattghlin. Yes, sir; I shall be glad to i^'^^^'t^^^^^lf. in a statement which I shall present later. W^^l ^^^ immigrams ought to be made out of such stock that whe'^ ^^^-^^^^^aJxTZ country and are given the best of American oi^P^^^^'i^*^^^ i*v!l children are given stiU better opportunities, t^^^^V^ natural, pnysicai, mental, moral qualities would r^pond to t^^^ ^'r='™ Ttwl ment o'f equalit> and opportunity and that^ *^« possessors of those traits would develop into desirable citizens.'" , t i .--:™. „„ R^^A You have all doubtless heard of the Ju>'-^«« and Ishma^is; our field workers went to Indiana to study degr-^^f f *« families, and found a certain name (now called the "^Is W^f^^^f ) f% ^T TlJ Voll said there must be something wrongy.Zi*^ *^f- '^- i ^ i^^.? to study it scientifically, fo the/^^ questions people woigd re- spond : ■^' Poor things, they have.-^'^^^^^, Jf f,^ opportunity. But on further investigation it was/^owd *hat they were the kmd who would steal the bishop's s^'^^?^ 1*^^^ g?,* ^ '^^^^f 5 ^^^^ T ^ institutions, in prison^,^''%^^ ^i^ t\^ poorhouse. They were traced hack into ICentucky ^^ ^«)^n,Qri hooTi rior.<>.'h.j it is that they neglect to enforce the law rigidly as against the aliens like they do against the natives, and require them to attend school ? Mr. Marshall. My answer to that is — and I have given it already — that in the city of New York it is largely due to the lack of housing facilities for our schools. Mr. SiEGEL. As a matter of fact, I would like to say Mr. Raker (interposing) . Let me ask him one other question along that line Mr. SiEGEL (interposing). I would like to make just this one state- ment: As a matter of fact, the part-time school is in effect in the city, is it not, in various parts of New York ? Mr. Marshall. Yes ; of necessity. Mr. SiEGEL. Of necessity, on account of the gr9Wth of the city, in many respects, and of people coming from all over the country and settling in New York. Now, speaking from experience, I do not know that our law in New York, as far as the enforcement of com- pulsory attendance at schools is concerned, differentiates between the foreign and the native born children. I think our proportion of public-school attendance is greater than that of any large city in the country; and I think that Dr. Shiels, who is here, can probably tell us more about that later. Mr. Marshall. So far as that is concerned, I have already given the facts, that in certain districts there are very large numbers of children who are the children of immigrants, or are themselves immi- grants, who on account of the necessity of conducting the schools on part time, or because the city has not sufficient facilities for giving instruction to this large number of children, suffer from lack oi sufficient schooling. The Chairman. Let me ask you this question; let us just take the case of New York once more: What is the unnaturalized alien popu- lation of New York ? What .proportion of the total population is it ? Mr. Marshall. I would not be able to give you those figures. The Chairman. Do you think it is about one-sixth of the 'total population ? Mr. Marshall. No; I do not think it is as much as that. . The Chairman. I think it is 1,300,000, or something like that. Mr. Siegel! No; it can not be so much as that. The Chairman. Now, is it not true that a great city like New York is continually congested with an alien population? Mr. Marshall. I would not say they are congested; every man there has his work to perform, and does it. The Chairman. Well, say he does that Mr. Marshall (interposing). We have no problem of uriiimploy- ment there; we have an industrial population. The Chairman. You have just at this time ? Mr. Marshall. And we have had. The Chairman. And you could use many aliens; if they could come in freely, without the illiteracy test, and without passport restrictions, they would probably come to New York a little faster than you could keep school facilities ready for them. Those aliens now add to the wealth of New York, but they add very little to their own wealth. 28 PROPOSED EESTEICTION OF IMMIGRATION. Mr. Marshall. They add to their own wealth. I can tell you^ Mr. Chairman, that in the industries to which I referred a little whil& ago the men who, 20 years ago, were working at the bench have become employers and have become prosperous, and they have enabled others to prosper. The Chairman. Yes ; there are thousands and thousands of such, cases. But the point is this, that the people who have the taxes to pay hold back a little toward enlarging the school facilities all the time. Mr. Marshall. Well, we pay enough taxes The Chairman (interposing). You pay enormus taxes; but they hold back in enlarging the school facilities which are needed by these aliens, only a small proportion of whom become taxpayers in any particular generation. Mr. Marshall. I would not accept that statement. Mr. SiEGEL. Well, as a matter of fact, in our income tax to-day, practically everybody is paying. Mr. Marshall. We are all paying. Mr. Eaker. You are paying that for the maintenance of the General Government. Mr. SiEGEL. And the State government also. Mr. Eaker. And, as a matter of fact, practically nine-tenths of the more thinly populated States are paying, a higher rate of tax for the education of children than New York is paying; is that not correct ? Mr. Marshall. I do not know. Mr. Rakeb. You will find that they are paying about 30 per cent higher. Mr. Marshall. I do not know about that; but there are other States which have a very much larger percentage of illiterates. Mr. Eaker. Yes. Mr. Marshall. I think New York City, with its foreign popula- tion, has a smaller percentage of illiterates than more than two- thirds of the States of the Union. Mr. Eaker. But notwithstanding that fact, you will find that in nine- tenths of the States of the Union, that are more thinly populated they are payin^larger school taxes than the State of New York. Mr. SiEGEL. I do not agree with you as to that. Mr. Eaker. Your view, Mr. Marshall, is that the community set- tlements of the Irish in one place, and the Jews in another place, and the Italians in another, and the Swedes in another, is not a good thing for New York, or for the United States; is that not correct? Mr. Marshall. It is desirable to break down as quickly as possible artificial barriers; those barriers are not created by the Italians, or the Irish, or the Jews, or the Swedes; they are the result of conditions as they have existed for many years; and every alien is trying to break through an involuntary boundary and to become assimilated. Mr. Eaker. Well, they are there, and they are trying to break down the barriers, as you say. And they have the congested popu- lation in New York, and the inadequate school facilities, as you say, for the purpose of assimilating these people. Is that true, to a cer- tain extent? Mr. Marshall. The effort is to hasten the assimilation as rapidly as possible, and the school, of course, is the best medium for accom- PROPOSED EESTKICTION OF IMMIGRATION: 29 plishing that result. Ai]id this is true not only of the schools for the children, but I wish to advocate more than anything else the estab- lishment of schools for the adult and the adolescent who works in the ■daytime, and who should have an opportunity to secure an education while he is engaged in useful and productive employment. Mr. Welty. You said that that education should bo conducted by the Federal Government? Mr. Marshall. Supervised by it, I said. Mr. Welty. Then I did not understand you correctly. Mr. Marshall. My notion is this: The Federal Government has nothing to do with general education, as such, because in every instance the imparting of it would be a local affair, one coming within State jurisdiction. Mr. Welty. Yes. Mr. Marshall. When it comes to the immigrant, however, the Federal Government has full power and authority to deal with him as incidental to its jurisdiction over immigration. Therefore it may continue to exercise supervision over him until he actually becomes a citizen of the United States. From that power there follows a correlative duty. Mr. Welty. Do you think that the amount of money received by the United States as a naturalization tax, or a head tax, should be transferred to the school fund for the education of the immigrants ? Mr. Marshall. I should say that that money should certainly be administered by the Federal Government for the piu-pose of caring for the education of the immigrant. Mr. Welty. Do you know that the Federal Government has only appropriated, probably, $260,000 annually for these purposes ? Mr. Marshall. I know that, and I regard it as a great wrong. Mr. Welty. And that it has received $11,000,000 from these inunigrants ? Mr. Marshall. I know that, and from time to time I have argued that the Federal Government should not use this money for any purpose other than the speedy development of the immigrant into the citizen. Mr. Welty. Rather than exploiting him? Mr. Marshall. Eather than exploiting him. The Chairman. Would you have the Federal Government pay for the alien insane in the State hospitals ? Mr. Marshall. Well, that is a matter of necessity, I suppose. For instance. New York has in the past paid considerable sums for that purpose. I do not know why the State should bear that burden, so long as the general Government is in receipt of money which should be applicable to that purpose. Mr. SiEGEL. As a matter of fact, if the Federal Government had done its duty, the murderer of Dr. Markoe would not ever have got to New York; he was insane when he arrived in this country; he got into the United States, and the Federal Government did not deport him; he got into New York, stayed there a year or so, and murdered the surgeon; and thefe is no reason why the "State of New York should bear the expense of maintaining him in an insane hospital. Mr. Marshall. The Federal Government should take care of our immigrants. I am not making any criticism of our officials; but the fact is that the men who are employed are not paid compensation 30 PROPOSED EESTBICTION OF IMMIGEATIOIS-. which will secure for the Government the best and the most compe- tent men to administer the law. Mr. Welty. Let me ask you a question to develop further that point about education: What is your opinion about requiring the alien to register during his alienage here, and using that money for his own education, in addition to the money that the Government has received as head tax and naturalization fees ? Mr. Maeshall* I do not like the idea of registration. I think it is un-American; it is introducing Russian and Prussian methods. It is contrary to the genius of our institutions. The Chairman. Why is it that all of these aliens that go into the Union of Russian Workers, and similar organizations, not only register, but are controlled with the greatest severity by their officers, and every one of them is opposed to every form of registration by the United States because they think it is un-American ? Why is that ? Mr. Marshall. I do not know what registration you refer to ? The Chairman. They bind themselves to do the will of their officers, and of one another, and to work against this Government, and all that sort of thing; but one and all of them are bitterly opposed to registration in this country, on the ground that it is Russian and Prussian. Mr. Marshall. I do not know anything about the method of registration that you speak of. If that is the case, of course, there would be an inconsistency in the argument that thev have presented. The Chairman. Well, if there is any person whatever — we will not take the time to debate whether there are many or few — if there are to any extent whatever any people who are banded together against the Government of the United States, why should there be any aliens within the United States who object to"^registration ? Ml". Maesilall. Because it is a reflection on their manhood. The Chairman. Why is it that so many aliens come here that are repellant to the institutions of the United States ? Mr. Marshall. That are opposed to them « The Chaieman. That are a nttle repellant, and seem to think that the policeman's hand is against them all the time ? Mr. Maeshall. I will tell you why: Because they were brought up in countries where the policeman was looked upon as a tyrant; where they were constantly subservient to his will, and subservient to his whims, and where they were constantly being exploited by the police and the police authorities; that is the reason. The Chaieman. Now, let us carry that out a little further: Is it wise for those aliens to come here, in increasing numbers, and ally themselves, either with the Union of Russian Workers, or with the Commimist Party, or the Left Wing of the Socialist Party, or the garment workers' organization, or the tailors' organization, or any other organization, where they can exercise power by voting and use their power to cause that organization to make all sorts of protests to the Congressmen and Senators and others who have something to do with the Government, against all these things that we are undertaking to do ? Mr. Maeshall. That is a very complicated question. The Chaieman. No; it is not; they take part, by indirection, in the affairs of the Government. PROPOSED EESTKICTION OP IMMIGRATION. 31 Mr. Marshall. Now, in the first place, you speak about its being objectionable to belong to the garment workers' organization. Is there any objection to the immigrant going into a union? The Chairman. Not the slightest. Mr. Marshall. That is a labor uiiion. It is one of the hopeful indi- cations when men begin to cultivate the social quahties The Chairman (interposing) . Do not misunderstand me. I think it is absolutely necessary for them to belong to the unions. Mr. Marshall. Yes. The Chairman. I think it is absolutely necessary for employees to belong to organized labor; I think their employers ought to have some organization that they can keep track of; if they do not, they will have to deal with a sort of mob. Mr. Marshall. Precisely. The Chairman. But the point I am making is that the aliens before they come into citizenship at all, have a very considerable influence in the country, through their voting power in the unions. Mr. Marshall. Well, they go into the union, and the union deals only with its own economic problems, the question of bread and butter, the question of wages. The Chairman. I never could see why the alien desiring to do well in the United States, with a chance to become, as so many have be- come, governor of a State, United States Senator, Member of Congress, mayor of a city, or to hold some other public office — I never could understand why, coming into contact with the opportunities here, they should object to any registration system which would segregate the good from the bad. Mr. Marshall. The point is that such a system would not separate the good from the bad in any way at all; it would be a constant source of annoyance; it would be a sword of Damocles suspended over their heads; and the man who wants to cheat or circumvent the law could do it easUy. The Chairman. Did you not just say that the United States should have full control of the alien until he becomes a citizen ? Mr. Marshall. I said the United States should be his guardian during his period of tutelage. The Chairman. The United States should be not only his guard- ian, but should have the right to send out of the country any alien who was hot fit to remain in the country. Mr. Marshall. I say it should have the right to send out any man who was found, after investigation and hearing, to be dangerous to the well-being of the Nation — absolutely. Mr. Welty. Now, you say, he is the guardian ? Mr. Marshall. He is the ward. Mr. Welty. All right; do you not think Uncle Sam should know where his ward is ? Mr. Marshall. He does know. Mr. Welty. Always ? Mr. Marshall. I bave not any reason to doubt it. In the first place, under the present law, when the man arrives in the country, the record of his arrival is filed, and his name and the ship on which he arrives Mr. Raker (interposiag) . Let me ask you a question about that Mr. Welty (interposing). Let me first develop that one point. Now, after he arrives in the United States, and becomes part of the 32 PROPOSED RESTRICTION OF IMMIGRATION. population, then what does he do ? Does Uncle Sam keep track of that alien? Mr. Marshall. Uncle Sam keeps track of that alien, as he keeps track of everybody else. Mr. Welty. But Uncle Sam keeps track of you, and of me, and of other citizens by requiring us to register before we can exercise our citizenship. Mr. Marshall. Before we can vote. Mr. Welty. Yes. Mr. Marshall. But these people can not vote. Mr. Welty. That is true; then, why would you make a difference between the alien and the citizen ? Mr. Marshall. If the alien had a right to vote before becoming a citizen, as he has in a few of the States, I would consider it a great misfortune and a serious reflection upon our system of government. In some few of the States aliens are, as I have said, permitted to vote before they beaome citizens. Of course, if the principle for which I contend were departed from, the alien, before he could exercise his right of suffrage, would have to be registered. Mr. Welty. You said a moment ago that if he was required to register it would be a reflection upon him. Mr. Marshall. But that registration is necessary in order to identify the voter, in order that the election oflElcials may know who the man is who seeks to cast a ballot. Mr. Welty. That is true. Now, why would you not want to identify the aliens just as well ? Mr. Marshall. What is the neiessity of having the aliens go to the police office at stated intervals — perhaps necessitating a trip from Chicago to New York — for the purpose of registering ? Mr. Welty. You could have him register with the authority of the naturalization ofPcers. Mr. Marshall. Well, we have no such officer. Mr. Welty. You have a naturalization officer, have you not ? Mr. Marshall. We have in every community somebody who is a naturalization officer. Mr. Welty. Yes. Mr. Marshall. In New York we have one person who is in charge of the bureau of naturalization under the State courts; we have another person who is in charge of the bureau in the Federal courts; and then we go into the next county and we have somebody else , there; and so it is throughout the country. We have no unified system. Mr. Welty. There ought to be unified system? Mr. Marshall. This whole subject of immigration is in a dreadful state of mix up. Mr. Welty. That is what I say. If we need to have uniform laws, we can begin to understand what the laws are. Mr. Marshall. So far fis naturalization is concerned, I do not think that there is anybody in this room who believes in a more stringent policy than I do. There are some people who make it a point to say that a man should become a citizen at the earhest pos- sible moment. I regard citizenship as the greatest gift that can be bestowed on any individual; and that nobody should be given that PROPOSED KESTEICTION OF IMMIGRATION. 33 decoration or honor unless lie deserves it, by qualifying himself to perform the duties and fimctions of citizenship. I would say he should have to read and write the English language, and that he should be able to pass a thorough examination in civics; that one's admission to citizenship should oe looked upon as a matter of the same seriousness as the determination of a controversy between liti- gants in the courts, and that the Government should be represented in every such proceeding, not by an officer who merely goes through a formal ceremony perfunctorily, but by one who represents it on the trial of the important issue, as to whether or not Mr. A or Mr. B, ^ who is applying for citizenship, is really deserving of it. Mr. Box. In the judgment of the gentleman who is speaking, is that being done now ? Mr. Marshall. It is not. Mr. Rainey. Are not aliens accustomed to registration in their native countries ? Mr. Marshall. They are. Mr. Rainey. Is there a feeling among them against registration here ? Mr. Marshall. That feeling against registration is due to the fact that the necessity of complying with the European law on the subject has been the fruitful occasion for exploitation. For instance, in some countries every man is compelled to carry^^with him a book in which appears his name, his occupation, his pedigree, and so on. It has to be presented every so often at some office. This involves great loss of time and untold annoyance. If he goes from one town to another, he is obliged to have his book stamped and visaed. He is always subject to pursuit by the police authorities. In the heyday of the Russian autocracy under that system there was practiced the most shameful persecution. Those who have experienced its bitter- ness can not get that out of their minds. Mr. Welty. But this man comes over here, and he forgets what liberty is, or does not know what liberty is, and he forgets that there is such a thing as a government. Mr. Marshall. The difficulty is, my dear sir, that we are prone to generalize on that point. Because 10 men or 100 men forget that fact, it by no means shows that the 'great mass of those who have come here have done so from any other motives than that of becom- ing good citizens, of living here as industrious men, or that they do not with joy look forward to the day when they may become citizens and feel that they have a responsibility as such to contribute to the country's welfare, nor does it show that the great bulk of them do not obey the laws. We all know it to be the fact that the over- whelming majority are grateful for the liberty which is accorded to them here and to attain which they crossed the ocean in the spirit of the Pjlgrim Fathers. Mr. Welty. Well, should not that dass be protected against the class that will not obey the laws ? Mr. Marshali,. They require no protection against anybody; the only protection they need is against exploitation. Why, because one man has committed a crime in any community, should 999 others be subjected to hateful supervision, to offensive registration, to degrad- ing suspicion ? There are native-born citizens who are inimical to 28210—21 -3 34 PROPOSED BESTRICTION OF IMMIGRATION. our institutions. Why should not they, and by the same token every other citizen, be required to register as was the case in Russia ? Mr. Welty. Well, why do you register, then, before you can vote ? Because one man can vote two or three times over, why should hundreds and thousands of other people be required to register before they can exercise the franchise ? Mr. Marshall. The requirement of registration in that case is merely for the purpose of having a means of indentification of the voter, but for no other purpose. Mr. Welty. Yes; for the purpose of keeping the ballot pure? Mr. Marshall. Yes. Mr. Welty. And of protecting the honest voter ? Mr. Marshall. Yes; as against the fraudulent or the nonvoter. Mr. Welty. Why could you not, in the same way, protect the honest immigrant ? Mr. Marshall. I do not think you are protecting the honest immigrant by the proposed method, because he is the very man who will sutler the burden of such a regulation when. there is no justification for it. Mr. Rainey. Why is there any burden in registration ? I do not understand that. Mr. Marshall. This registration law, as I understand it to be planned, would work in this way: The immigrant will have to register in the commimity in which he lives ; to do so he will have to go before some public official and submit to investigation. I do not know whether he has to be finger printed, or whether his photograph has to be taken, or whether he is to be put in a rogues' gallery or not; I do not know all the details of the process. But at stated intervals he must report, no matter where he happens to be, to some officer, and either register again or submit to further interrogation and to the stamping or visaing of his certificate of registration, brass check, or other mark of identification. Mr. Welty. Is that required by the law ? If he goes into a certain county and registers there, as long as he is there, he does not have to report ? Mr. Marshall. Well, his registration does not amount to anything if he only appears once. If registration is to be of any value its efficacy will depend upon following up the registrant. Mr. Welty. No ; it is not a matter of hounding him ; it is for the purpose of doing him some good, for the purpose of educating him, that is all. Mr. Marshall. Well, he can be educated without resorting to these methods. There is no educational value in registration except education of the wrong sort. The millions who have come to the United States up to the present time required no registration in order to make them good citizens, loyal soldiers, industrious workmen, and intelligent men and women. If the immigrant attends school, his name appears on the list of those who belong to the classes Mr. Welty (interposing) . Suppose he does not go to school ? Mr. Marshall. You can not compel him to go to school under our existing laws if he is an adolescent or adult. Mr. Welty. You can not? And you say that Uncle Sam is the guardian of the alien ? PROPOSED EESTRIGTION OP IMMIGRATION. 35 Mr. Marshall, ^ou do not and you probably would not compel him, if he were a man of adult years. I have, already said that schools should be provided for him, and I would favor compulsory attendance. But there are as yet few of such schools. Mr. Welty. Then, as a luwyer, you would not carry that idea of the relation of guardian and ward to that extent? Mr. Marshall. You can not alwavs do that. Mr. Welty. What ? Mr. Marshall; To carry a proposition at all times to its logical conclusion is an impossibility. I am speaking of what as a general principle should be regarded as the relation of the unnaturalized immigrant and the State. ^ Mr. Welty. I understood you to say a little while ago that you would be in favor of enforced distribution of this alien population ? Mr. Marshall. I am in favor of a proper system whereby distri- bution would be facilitated . Mr. Welty. And do you not think that if you require one man to go to work as a farmer, and another man to go to work as a tailor, and distribute them in that way, it would have a tendency to create them as a class, and be a great deal worse than having a registration system to keep track of them ? Mr. Marshall. That is not the difficulty. The idea is to find the employment for which a man is best adapted. I do not mean to say that the immigrant shall be forced into an employment that he does not desire. Mr. Welty. You would not enforce that ? Mr. Marshall. I would not enforce that, no ; I would giye the man the opportunity; he should have to find the employment for which he is best adapted. We have never done anythin^rto give him that opportunity. It is of that that I am complaining. Mr. Welty. Just one more question and I am through: Do you find a shortage of labor at the present time ? Mr. Marshall. I understand that there is a very great shortage of labor. Mr. Welty. What is the cause of that ? Mr. Marshall. The cause of that is the necessity of speeding production to the utmost, and the failure to have on hand a sufficient quantity of labor to meet that requirement. There is insufficient production, largely due to lack of man power. That necessarily means there is a shortage of labor. In other words, if you say that the production demanded is to be measured, by 100, and available labor is measured by 75, there is a shortage of labor to the extent of the difference between 75 and 100; that is the exact situation. Mr, Welty. Production in a great many lines has been suspended during the war. Mr. Marshall. It was forced to be suspended because of the neces- sity of, sending into the war industries every available man. Mr. Welty. Well, do you find that the shortage of labor is duei to , the fact that some immigrants have returned to their native land since the war ? Mr. Marshall. To the extent that men have left this country; that contributes undoubtedly to the shortage of labor; no matter, whether it is due to emigration or death, or whatever the cause may be, the shortage exists. i , 3|5 PROPOSED EESTRICTION 03? IMMIGRATION. Mr. Welty. What percentage of the immigrants who come to this country become naturalized, do you know ? ' Mr. Marshall. I can not give you the figures; a very large proportion. Mr. Welty. Do you think that the immigration should be in any way regulated ? Mr. Marshall. Regulated in what way ? Mr. Welty. Well, for instance, where people from a certain nation do not assimilate readily or properly, or are unable to assimilate at all, should they not be excluded, if they can not assimilate with our population ? Mr. Marshall., I would like to know who those people are. I have never seen any in this country who are incapable of assimilating. I am now referring to European immigrants. What is meant by "assimilation" calls- for definition. The fact that a man or a woman may continue to wear the clothes which they brought from Europe, and which may seem somewhat outlandish to our eyes, as ours may be to them, and the fact that they speak a language which is different from ours, do not indicate that they are incapable of assimilation. Mr.. Welty. No; but the question is, do they assimilate? Mr. Marshall. Thaj do assimilate unquestionably, some rapidly, others gradually. Mr. Welty. Some nationalities do not assimilate as readily as others ? Mr. Marshall. Because of their enviroilnient. Mr. Welty. Yes, as they refuse to get away from their own class of people and assimilate with the American population? Mr. MARSHALL. I have not any doubt that, u Mrs. Astor, or the ladies on Fifth Avenue would invite residents of those districts in New York, where iSmnigrants live, who have not been fully assimi- lated, to their homes, they would be very glad to come. They do not assimilate more rapidly because the average American looks down on them and is disposed to ridicule them. We do not give them the opportuiiity they ought to have. We build a Chinese wall of exclusiveness around them, instead of a protecting wall against the exploiter when they are admitted to this countrjr. As- similation is often retarded because even when a man is admitted to citizenship which should be regarded as a most sacred rite, he is rushed through the mill in such a maimer that -all of his hopes and all of the feeling of exaltation that permeated him at the moment of becoming an American citizen, was driven out of him by the brutal way he is treated by the court officials, and by the cold indifference or accented contempt with which the courts themselves frequently treat him. Mr. Rakeb. Right there, Mr. Marshall, what you said to Mr. Welty recalls what you stated in your first examination. I made a note of it, and I want to return to it — ^that was, on the question of their being looked down upon; you made this statement, with regards to the laboring men during the last four years: That they were extrava- gant in spending their money lavishly; the young ladies were wearing silk stockings, and so on, and therefore they were squandering their money. Mr. Marshall. There is a great deal of squandering of money going on. Mr. Raker. Now, what have you to say about the doctor's daughter who attends school with silk stockings, and neatly and PROPOSED RESTEICTION OP IMMIGEATIOX. 37 mcely dressed, because hpr father is a physician; and the daughter of Mr. Brown, who is a laborer down in the yards, going to school — ■ why should not that laborer's daughter have silk stockings and a good sUk dress on, and feel just like an American citizen, just like the doctor's daughter? Mr. Marshall. If the father can aflford it, yes. Mr. Raker. Well, if the father is earning the money, why should not she dress just the same ? Mr. Marshall. Well, it is an erroneous view of life Mr. Raker (interposing) . Why erroneous ? Why do you say that ? Here is the daughter of a laborer who is doing well and earning money, and she is attending the public schools, and she is just as good in every way, mentally, physically, and morally Mr. Marshall. And probably better. Mr. Raker (continuing). Well, why should you say that if her father can receive enou^ wages, she ought not to be able to dress just like her neighbor ? Mr. Marshall. That is a very easy question to put and a hard one to answer. Mr. Raker. No; it is just as easy to answer. Mr. Marshall. No. You might as well ask why she should not be put in a palace; why she should not have a private yacht, or pearls and diamonds or a trip to Europe, and this, that and the other thing. The answer is — because it is impracticable. Mr. Raker. No; let us not get extravagant. Let us go down to the everyday walk of life-^^in our school days. Why should not the laboring man earn enough money so that his daughter can go to school just like the daughter of the physician ? Mr. Marshall. She can go to school, not only to the primary school, but also to the high school, and in New York Oity to Hunter College, free of all charge to her father. Mr. Raker. Well,, why should she not dress like the others? Mr. Marshall. I do not care how she is dressed. That is a matter of taste and of judgment and of circumstance. Mr. Raker. I know; but you were complaining about the way the laboring man's daughter dressed. Mr. Marshall. My notion is that we are all of us living on the basis of extravagance. I believe in economy and thrift, in the homely virtues of our forefathers. I believe in conserving for the future. I would like to see every dweller in the land enj'oy those things which are within his reach as a result of his industry. I would like him to live a comfortable life and to see him save from his earnings a nisst egg for his old age. But as the world is now going on those homely virtues are lost ,sight of, and too many of our wage-earners, instead of saving, as we were brought up by our parents to do, are carelessly and improvidently wasting their earnings. They have become ex- travagant. They are not thrifty. They do not resort to the savings banks as was the rule in former days. This is a free country. I do not care how a man or a woman is dressed. If a woman wants to be dressed in sables on the Fourth of Jtily, so far as I am concerned she can wear that garb; if a working girl wishes to wear two. pairs of silk stockings at a time, I have no objection. There isno man more strongly in favor of personal lib- erty than I am. What I am concerned about is the effect upon our 38 PROPOSED KESTEICTION OF IMMIGRATION'. national life of the spirit of improvidence and wastefulness. That is not a matter for the legislator, but for the educator. Mr. Raker. No; but you made that remark, and I noted it, and I am somewhat surprised Mr. Marshall (interposing) . I made that remark to indicate that in dealing with the subject of the high cost of living and the standard of wages, you had to consider the fact that when wages were very high during the war period many of dur working people instead of taking advantage of that large amount of money which they were earning — an amount of money which they never dreamed they would be able to earn — wastefuUy spent that money on useless articles which made them no happier. My idea was that they should have saved that money; it would have been better for them and better for the country. To me the stocking of the French peasant, who keeps in it his savings, presents a more agreeable and hopeful picture than that of the silk stockings now so much in evidence. That is aU that I care to say on that point. Jtlr. SiEGEL. We have Some other witnesses here to be heard. Mr. Raker. But we have one witness here now, and I want to ask him a few more questions. Mr. SiEGEL. That is true; but we promised these other gentlemen to hear them to-day. Mr. Marshall. I wiH leave these memorials and resolutions. Mr. SiEGEL. If there is no objection, you may leave the resolu- tions and they will be inserted in the record. (The resolutions referred to are as follows:) National Conference on Immigration — Memorial and Resolutions. At a meeting of the National Conference on Immigration, held in the city of New York on April 7, 1920, under the auspices of the Interracial Council, the following memorial and resolutions were adopted : The countries of the world, as a result of the war, have undergone profound changes, not only in their internal conditions, but in their international relations. These relations include important questions concerned with the immigration and emigration of their peoples. At this time the United States has a larger community interest with the nations of the world than ever before, because of the extension of the principles of freedom and opportunity which our country has so long typified. This nation therefore is doubly concerned, both with the development of such priii- ciples and with the questions arising from emigration. In view of these oonditiLona the United States is now confronted with the need of establishing a constructive policy on immigration based on a careful examination of conditions here and abroad, to the end that it may safeguard its interests and promote its welfare. This conference has been convened for the purpose of considering the various phases of immigration, the present laws applicable thereto, and the desirability of establishing a policy that wiU redound alike to the welfare of the country and of the immigrant who seeks to make his home here. These problems naturally group them- selves under the heads of the as.similation, admission, stabilization, and naturaliza- tion of the immigi-ant, and have been considered in the order stated. I. assimilation. There are now in the United States several millions of foreign-born residents who have come here for tiie purpose of joining the great armv of American industry. Without educational advantages in the lands of their birth and without opportunity after their arrival here to receive instruction, they have necessarily formed their own communities and have been confined in large measure to the use of their own languages. They have added greatly to our industrial development and prosperity. They are grateful for the freedom that they enjoy here. In large numbers they have given evidence of their love of the country thiat received them with hospitable arms, and PKOPOSED RESTRICTION OF IMMIGRATION. 39 in the Army and Navy, as well as in the war industries, they contributed largely to the successful outcome of the war. It has been asserted that many of them have not become assimilated to American life to the extent desirable and that, because of their segregation, they are not thoroughly acquainted with our institutions. The most cursory study of conditions demonstrates that this is not due to any fault of theirs. Immigrants upon arrival in the United States receive no information concerning the country and its institutions. Their transit to destination is without official super- vision. Few systematic provisions are made for connecting them directly with opportunities or contacts in their new home. This is a direct consequence of the fail- ure on the part of our Governments, Federal, State, and municipal, to recognize the necessity of taking affirmative action that will make it possible to incorporate into our national Ufe, as integral parts of it, the uprightness, the industry, the thrift, the de- votion, and the steadfastness of the immigrant: Be it therefore Resolved, (1) That it is the sense of this National Immigration Conference that action be forthwith taken leading to the ceration of a Federal board of assimilation, charged with the duty of coordinating all existing governmental activities relating to immigration, of facilitating the safe and expeditious distribution of immigrants arriv- ing here to their several destinations, of supplying them with information and assist- ance in respect to the seeming of employment in those industries for which they are best adapted, of affording them instruction in the English language and in the his- tory, customs, and institutions of our country, of protecting them against fraud, extortion, and exploitation, of making them feel that they are not strangers in a stragne land, and of providing for cooperation by the several branches of the Federal, State, and municipal governments and by appropriate civic agencies for inducting them into the life of the Nation. (2) That it is especially essential that all immigrants who are of school age shall have the opportunity and shall be required to attend public or other schools where they may be taught the English language and such other subjects as will equip them for the duties of American Ufe, and that such immigrants who are not of school age, or who for any reason are unable to attend school during the usual hours of instruction, shall be provided with' instruction in the English language and kindred subjects at night schools supported by public funds, or, where such facilities are inadequate or are lacking, by the industrial establishments in which they are employed, at regular periods, without deduction by the employer for the time occupied by such instruc- tion from the compensation to which the employee would be otherwise entitled, to the end that the immigrant worker, both minor and adult, may thus become more valuable to himself, to his employer, and to the Nation. (3) This being a matter of national concern and a subject intimately related to that of the admission of the immigrant, the Federal Government should charge itself with the obligation to supervise the education of the immigrant and to appropriate the necessary funds to conduct this educational work or to assist the several States and municipalities with funds to carry out this purpose; the administration of such fund to be vested in the proposed Federal board of assimilation herein before referred to. II. ADMISSION. The marvelous growth of our country, its vast increase in wealth, the development of its resources and its material prosperity are largely due to the immigration that began a century ago. A great proportion of our population consists of immigrants or the sons and daughters of immigrants. To-day there is a labor shortage in practically every industrial activity. It amounts to not less than that of 5,000,000 men. In addition there is a dearth of agricultural labor and of domestic servants to an extent difficult of calculation. The effect is felt by everybody. A low scale of production necessarily enhances prices, restricts exportation, and makes the high cost of living inevitable. Without an increase in our industrial forces we shall be unable to meet the demands that the entire world now makes upon us for food, raw materials, ma- chinery and merchandise. Under the circumstances a policy looking to the exclusion of the immigrant would hamper and curtail our natural development and lead to a world-wide calamity. At the same time care must be exercised lest immigration that would be injurious to the welfare of the country should be encouraged, the selective policy based on reasonable classifications heretofore adopted, being regarded in the main as wise and commendable: Be it therefore Resolved, (1) That it is the sense of this National Immigration Conference that the present immigration law limiting the classes of aliens who are excluded from admission into the United States should be continued in force, except in so far as it prescribes the literacy test. It is believed that the present law should not be made more onerous by increasing the classes of excludable aliens. We regard the literacy test as not 40 PROPOSED RESTRICTION OF IMMIGRATION. only without merit, but as a direct injury to the interests of commerce, industry, and agriculture, and recommend its repeal. (2) That we approve of the strict enforcement of those provisions of the immigration laws directed against anarchists or persons who believe in or advocate the overthrow by force or violence of the Government of the United Sttaes or of all forms of law or who disbelieve in or are opposed to organized government or who advocate the assas- sination of public officials or who advocate or teach the unlawful destruction of property. (3) That it is necessary for the proper administration of the immigration law that there shall be employed a sufficient force of competent officials to facilitate prompt action with respect to the admission or exclusion of immigrants and for the proper enforcement of the laws relating to their admission or deportation . (4) That all hearings with respect to the admission or deportation of immigrants be public; that the persons seeking admission or whose deportation is sought be permitted to have counsel or other advisers at such hearings; that adequate methods of review be provided, and that pending the determination of proceedings for deportation the taking of bail be authonzed. (5) That consular agents be stationed in the various countries whence immigration may be expected, in such numbers as will enable them to advise intending immigrants regarding the requirements of our immigration laws and the grounds for deportation, and to ascertain whether or not such intending immigrants have been convicted of crime involving moral turpitude, to the end-that the immigration authorities may be promptly informed of sum fact, and generally to cooperate with the immigration authorities in the United States for the purpose of carrying into execution the require- ments of the law. III. STABILIZATION. It is desirable that the immigrant who comes here shall be encouraged to look upon this country as his permanent home. Nothing contributes more to such a state of mind than the feeling that he is under the protection of the la-w, that he is not subject to discrimination, prejudice, exploitation, or to be looked upon as an inferior being. Unfortunately, in the past, the lot of the immigrant has been beset with difficulties. Among the most serious has been the loss of his savings through the dishonesty or inefficiency of the private bankers with whom he has deposited them and the failure of the public authorities to protect his investments. By a proper protective system the immigrant would be enabled to establish his own home and uius permanently incorporate himself and his family into our population . As it is, however, he has been despoiled of vast sums representing honest toil and constant self-denial and, because of the failure of our savings banks and other financial institutions to appreciate the importance of safeguarding the immigrant in this direction, he has been compelled to resort to the verjr agencies that have preyed upon him and in consequence driven him to despair. It is the duty of our Government to deal with this abuse and thereby to stabilize the immigrant: Be it therefore Resolved (1) That it is the sense of this National Immigration Conference that the several States of the United States be urged to enact laws protective of the savings of ' immigrants deposited for safe-keeping or for transmission abroad, and that the legisla- tion of the State of New York enacted in 1914 contains provisions upon which should be niodeled the legislation of other States. (2) That the various savings banks and other banking institutions duly incorporated and under governmental supervision be urged to establish departments which shall afford special facilities whereby the savings of the immigrants may be protected and safeguarded and the investment of their funds be protected from the many risks to which they are constantly subjected. (3) That industrial and banking organizations be urged to cooperate with the American relief administration in the sale of warehouse food drafts to immigrant workmen in this country in order that they may be enabled to come to the rescue of their relatives and friends in the lands of their nativity in the most direct and effective manner. ^ IV. HATUKALIZATION. There are now in this country several millions of unnaturalized aliens. From time to time there will .be others who under existing laws will be eligible to citizenship. There are those who insist that whoever comes to this country must become a citizen. There are others who deem it desirable to dispense with the present qualifications for citizenship. There is a general failure to recognize the distinction between immi- gration and citizenship and the laws that should appertain thereto . While we believe in a liberal immigration law for the reasons already stated, we are of the opinion that PROPOSED RESTRICTION OF IMMIGRATION. 41 citizenship should not be easy of attainment, but should be regarded as so precious a privilege as to make it synonymous with the possession of those qualities ■which justify the exercise of the elective franchise. While, however, the qualifications should be of high grade, the machinery for granting naturalization should be sim- plified: Be it therefore Resolved, (1) That it is the sense of this National Immigration Conference that there be no relaxation of the present reqmrements for naturalization and that proficiency in the English language to the extent of ability to read it fluently and to understand it be made a prerequisite. (2) That naturalization be permitted without exacting a compulsory preliminary declaration of intention; that proceedings for naturalization may be transferred froin one State or district to another; that the present requirement of one year's continuous residence in the State in which the application for naturalization is filed be rep: aled; that depositions of witnesses within as well as without the State in which the applica- tion for naturalization is made may be taken, and that but one fee be required of the applicant for citizenship upon admission. (3) That sessions of the various courts having juriediction to naturalize be fre- quently held within the several districts and, if practicable, in the communities in which there is a large immigrant population, and that such sessions be held at fixed times, not only during the day, but also in the evening, in accordance with the special needs of the several communities. (4) That such naturalization courts be empowered to acce;pt as evidence of the possession of the necessary educational qualifications for citizenship certificates issued by public schools testifying to the attendance and proficiency in the standard- ized courses of instruction in English and civics maintained by such schools. (5) That public officials be charged with the duty of assisting the courts in their investigations into the qualifications and character of the applicant for naturalization, to the end that the proceedings shall be regarded as one of due solemnity. (6) That the induction into citizenship of those who have met the necessary re- quirements shall be accompanied by a fitting ceremony that will impress not only the applicant but the public generally with an appreciation of the honor and dignity conferred. (7) That the opportunity to earn a living shall not be contingent upon citizenship, to the end that the desire to become an American citizen may be through devotion and loyalty to the new country and not from mercenary motives or from necessity to comply with industrial compulsion. ADDITIONAL KESOLUTIONS. In addition to the resolutions concerning the assimilation, admission, stabilization, and naturalization of immigrants the conference also adopted the following: (1) Whereas there exists at the present time a condition of public unrest, com- mented upon freely throughout the country in the public press, and which is now engaging the attention of Congress; and Whereas it has been alleged that propaganda conducive to such unrest is being carried on principally among our residents of foreign birth and generally through the foreign-language publications circulated among such residents of foreign birth: Be it therefore Resolved, That we, the representatives of native and foreign born groups, believing that such allegations are due to a misunderstanding of the aims, purposes, and ac- tivities of such groups in America and of their orgamzations and publications, desire, first, to give expression to our loyal and patriotic devotion to America; second, to register our unqualified disapproval of all activities seeking the destruction of the United States Government; and, third, to urge that the native American public and officials extend to the foreign-born people in America expressions of welcome and friendship and of tolerance and cooperation in their efforts to understand and obey the laws of America and to become American citizens. (2) Whereas, through the courtesy of Congressman Albert Johnson, chairman of the Committee on Immigration and Naturalization of the House of Representatives, a special hearing on pending immigration and naturalization bills has been arranged by said committee, on which occasion a delegation from this National Conference on Immigration will be given the opportunity to present the resolutions and conclu- sions of this conference, together with such other data as may be pertinent thereto: Be it therefore Resolved, That the chairman of this conference be authorized to select or appoint a delegation to attend such special hearing and to avail itself of the opportunity thus afforded to represent this conference before the Committee on Immigration and Nat- uralization of the House of Representatives. 42 PROPOSED RESTKICTION OP IMMIGRATION. (3) Whereas it is important that the public be made acquainted with the resolu- tions and conclusions adopted at this National Conference on Immigration, together with such other data as may be pertinent thereto, and that the favorable_ considera- tion of the United States Congress be secured in accordance therewith: Be it therefore Resolved. That the Interracial Council be requested to appoint a special committee on national immigration policies and program to carry these resolutions and con'clu- sions into effect. ' (4) Whereas the proceedings of this National Conference on Immigration should prove of value to persons and agencies interested in the development of a sound American immigration policy: Be it therefore Resolved, That the proceedings of this conference be prepared for publication and distribution; and be it further Resolved, That this National Conference on Immigration record its appreciation of the cooperation of the chairmen and the speakers who have made such constructive and valuable contributions to the program. Mr. Kleczka. Let me ask you this question, Mr. Marshall: As you have given some study to this immigration problem, let me ask you what elements this committee should consider in formu- lating our immigration policy. That is, whether, our economic needs, or social consideration, should have primary consideration ? Mr. Marshall. Of course, we must take into consideration the variant phases of the subject. Mr. Kleczka. What would you consider first ? Mr. Marshall. We can not ignore the economic problem, and we can not ignore the social problem. We can not ignore our historic policies ; we can not ignore .the experiences of the past. All of those elements enter into the proposition. So far as the social policy is concerned, I have already stated that that ought to be considered as reason for keeping out of this country people who are mentally, physically, or morally defective. People who are able and willing to work, and whose presence here will promote production in the industries, in agriciilture, and in all of our various occupations are socially deservable as well as econom- ically. Politically, we must see to it that nobody is admitted who im- perils the continuance of our Government; who would prove to be an enemy to our institutions, or to government in general. His- torically, we must see to it that all of those fine traditions which we have fostered and which we have justly recognized as constitut- ing the element of growth in our country should be the policy that our doors should continue to remain wide open to the deserving people of the world, and that we should not isolate ourselves from those born in other lands should also be maintained. Now, those are the various points of view which I approach the subject. Mr. Kleczka. Now, then, you criticized the policy of investiga- tion by consular officers, or other governmental representatives, on the other side, of applicants for passports. Mr. Marshall. I think I have been partially misunderstood. I do favor the empowering of consular officials — and I speak advisedly when I speak of consular officials, because usually they are men who have passed through a proper preparatory stage, and have been obliged to take a civil service examination, and are also under the direct supervision of the State Department — to make the necessary investigations with regard to the reputation, character, and past history of the immigrant. PROPOSED RESTTtlCTIOJT OF IMMIGRATION. 43 I do object — and that is where my objection comes in — I do object to having the power given to an immigration inspector, who holds his court on the other side of the ocean, to fix the poHcy of the United States with regard to an intending immigrant an5 to render a decree of exclusion with nobody in authority over him, with nobody to watch his proceedings, and who would become monarch of all he surveys. Mr. Kleozka. But if that was confined to those requirements, that the applicant for passports, or for vise shall furnish consul with proof, first, that he has never violated any laws of the land involv- ing moral turpitude ; second, that he is not a member of any organi- zation that believes in the overthorw of government, or of all forms of law; third, that he furnishes proof from the local officials, or the people who know him, that he is a man of good character; and upon the furnishing of those proofs to the consular representative, his passport is vis6ed — would there be any objection to that? Mr. Marshall. Yes. Mr. Kleczka. Where would the objection be 1 Mr. Marshall. In certain countries it would be impossible to ^et such certificates. Take, for instance, eastern Europe — take Russia, who is going to give the certificate there? Take Soviet Russia; who is there in that region whose certificate can or should be recognized ? Mr. Kleczka. Well, I mean under normal conditions; I am not referring to Mr. Marshall (interposing). Well, I know; but would you ask the former officials of the Czar, those tyrants who at one time were in authority — ^would you ask for their certificate ? Would you accept their certificate ? Might they not be the very ones who were engaged in persecuting the very applicant for a certificate ? How would it be possible to comply with that requirement in thos^ war-torn countries which now are and for years to come will continue to be in a state of chaos X Take the Baltic States or Servia, who would be the person to whom application for a certificate can be made ? What has become of the official records in those lands ? And if they exist, of what value are they? Who in Bulgaria, or in Austria, or in Rumania would be the person to whom one may apply? What could be expected in the nature of a favorable certificate from those whose whole life has been devoted to -the persecution of certain sections of the population? And what of those countries whose policy it may be to discourage emigration ? • And again, may not the expense of procuring these certificates be prohibitive ? Recently the Inter-church organization of Transylvania came to me and stated that the present Government of Transylvania was discriminating against Protestant churches there. What kind of certificates of character can the members of these churches expect from those who are administering the laws in this discriminatory fashion ? The idea is, therefore, to my mind, absolutely unworkable. You are speaking of a man's good character. Suppose in Russia, you get a certificate that Mr. A, Mr. B, or Mr. C had been brought before the police, that he had been weighed in the balance and had been found wanting. Who is going to try the police ? Who is going to determine the value of the certificate of those very individuals who were there in authority for the purpose of depriving the very 44 PROPOSED RESTRICTION OF IMMIGRATION. people concerning whom they are certifying every vestige of human- right ? Unfortunately, the certifier is not an unprejudiced authority.. That is where difficulty will be encountered. We seem to believe- that officialdom in those autocratic countries is actuated by the same- sentiments of right and justice and equity that influence public- officers in this country; that the courts in those countries proceed wi,th a like freedom from personal bias as that with which our courts- act. The pages of history, however, demonstrate the. error of such a belief. The passions of mankind do not change overnight, and to-day we must also reckon with the blind hatred engendered by the- war. Mr. Kleczka. Well, there might be some opportunity for abuse- if we were giving the officials of those foreign countries discretionarsr power; but if it related simply to furnishing proof from some local' officials, such as the mayor, dr a judge, that the man has never been- arrested for any of those things • Mr. Marshall (interposing). But, Mr. Kleczka, if in our courts; anybody should ask the question, "Have you ever been arrested?" or "Have you ever been indicted ?" the counsel who would not object on the ground of immateriality should be disbarred. The courts have decided over and over again that the fact of arrest means nothing. Anybody is subject to arrest, especially in these days of automobiles. Guilt is not predicable upon the making of a charge, and one's char- acter can not be dependent on the act of a police magistrate who- issues a warrant. Mr. Kleczka. Well, I did not confine it merely to arrest; I implied that there was also a conviction. Mr. Marshall. In that case the question would at once arise, of what crime has the man been convicted ? If he has been duly con- victed of a crime involving moral turpitude, our present statute ex- cludes him anyhow; and any evidence that can be obtained establish- ing conviction by an authorized court would be proper. However, if the alleged crime were not one involving moral turpitude, if it were- a mere infraction of a police ordinance or if the conviction were by a political tribunal; if, for instance, it were a soviet tribunal; if it were- such a court as some of those that are now functioning in various- parts of Europe that proved summarily like a drumhead court- martial, even a record o'f conviction should not be regarded as of any probative value. I can not forget a recent instance where 36 men were stood up against a wall and shot within an hour after their- arrest without even the form of a trial. Mr. Kleczka. You also stated, I believe, that j^ou had submitted statistical reports which you considered as reliable, that there was a. shortage of 4,000,000 workmen in this country. Have you those- statistics ? Mr. Marshall. I will be able to furnish them to you. Mr. SiEGEL. Those statistics will be inserted in the record. (The following statement has been prepared by the Interracial Council, showing the present labor shortage and the method by which it has been calculated:) In 1914 immigration -was increasing in volume steadily. Assuming that immigra- tion and emigration would have continued at the 1914 rate, we would have received, in round numbers, 7,000,000 immigrants for the five-year period from 1915 to 1919, inclusive. And at the rate of emigration for 1914, about 3,170,000 would have re- PROPOSED KESTRICTION OF IMMIGRATION. 45 -turned, so that we would have had an excess of immigration over emigration of more than 3,800,000. From 1915 to 1919 there arrived 1,612,743 persons and 1,180,859 de- parted from the country. Deducting the net immigration for tlie war period, amount- ing to about 430,000, the number shut out from America by the war was approximately •3,370,000. In reaching its estimate that the industries are short from 4,000,000 to 5,000,000 im- migrant workers, the interracial council also considered the new basis of employment in many .of the industries where larger forces are required as a result of the average re- duction of the work-day from a 10-hour to an 8-hour period. There are approximately ■8,000,000 foreign-born wage earners in manufacturing, mining, transportation, and other industries. The more or less general acceptance of the 8-hour workday by industry has resulted in an approximate loss in "production man-hours" which rep-' resents the labor of from 1,000,000 to 2,000,000 foreign-born workers. The industries liave reported that it,is almost impossible for them to get men and that there has been a continuous drop in production. The interracial council based its statement on an analysis of the period immediately preceding the war when immigrants were coming in at the rate of more than a million a year, Obviously, in determining what the normal rate of immigration and emigra- tion would have been from 1915 to 1919, the figures for the period immediately pre- ceding would be used as the basis of calculation. Conditions for 1914 or 1920 can not be determined by statistics as far back as 1907. Analysis of immigration and emigration for the period of 12 months following the armistice shows that 214,421 persons left the country and 201,475 persons arrived. Twelve of the races listed as arriving during this period supply skilled and professional labor chiefiy, and for these the figures are 109,028 entering and 43,325 departing from the country. But the figures on the unskilled labor coming to and going away from America tell a different story. For the 22 white races supphdng unsldlled labor, chiefly in the iron and steel mills, textile factories, railroads, farms, and construction work, the official figures show that 68,790 came into this country and 168,925 went out, and of those coming 38,000 were Mexicans who did not relieve the labor situation except in three Southern States. Eliminating Mexicans, we have a total of 30,000 unskilled immi- grant workmen and their families. This demonstrates that approximately five times as many unskilled male immigrant workers left this country from November, 1918, to October, 1919, as cime in during that period. Mx. Kleczka. And have you also statistics showing the number of unskilled, semiskilled, and skilled laborers in this country ? Mr. Marshall. I have not those figures. Mr. Kleczka. Your committee has not those figures either ? Mr. Marshall. If tou desire to get them, I will make inquiries. Dr. Shiels. We have a comparative statement showing the immigration and the emigration in the > ear following the signing of ■ the armistice — and the ratio of unskilled laborers who came and went. But, with regard to the aliens, you would simply have to depend on the census statistics, because the other statistics were simplv improvised, and they are not very valuable. Mr." Marshall. We wiU try to supply jou with any information that we can give you. Mr. Kleczka. Are there any statistics available, any State statistics outside of the 1910 census statistics? Dr. Shiels. Of course, there are the statistics of the Commissioner of Immigration; those are valuable statistics. Mr. Siegel. Is there anything else you want to submit, Mr. Marshall ? Mr. Marshall. I have confined myself so much to the question of assimilation Mr. Raker (interposing). Let me ask you this question: Do you know Judge Leon Sanders of New York ? Mr. Marshall. I do. Mr. Raker. Have you talked with him in regard to the question of registration ? 43 PROPOSED EESTEICTION OF IMMIGRATIOK. Mr. Marshall. I have not. Mr. Raker. You are not advised as to whether or not Judge Sanders is favorable to the question of registration? Mr. Marshall. I do not know what his views are on the subiect. Mr. Raker. Is it not a fact that the Jewish organization in New York, the organization for the Jewish people, now keep a registration of all of those people ? Mr. Marshall. I have never heard of that; I do not know of any ^uch fact. Mr. Box. The Shelteriii^ Aid Society? Mr. Marshall. The Blebrew Sheltering and Immigrant Aid Society is an organization which has been organized to help the immigrant who arrives here, to finding work and to find his relatives. A certain fraction of the Jewish immigration comes in contact with that organization. In so far as the immigrant comes into relations with it, the society doubtless keeps a record of the names and of destinations. But that does not cover Mr. Raker (interposing). I know; but as a matter of fact, is it not a fact that they try to get and do get practically a very complete record of practically all the Jewish people that come to the United States ? Mr. Marshall. They do not. I am a member of the advisory council of that organization, and I have never heard of that; they can not possibly do it; they may think they do, but they certainly can not. Mr. Raker. I will put it in this way: Those that come under their protection they make a record of ? , ■ Mr. Marshall. They must do that; that would be natural, in so far as they actually come into contact with one another. Mr. Raker. Wherever they go ? Mr. Marshall. They keep a record of the people whom they meet, and where they go, for the purpose of indicating the usefulness of the organization. Mr. Raker. Your people do that in connection with those whom you are working with; why should not the Government keep a similar record of all of its wards that come to this country ? Mr. Marshall. The Government does keep a record of every man, woman, and child who comes here, because under the, immigration laws it is required that records be kept of the name of the individual, his place of origin, his destination, and the ship on which he arrives, for the purpose of identification; a transcript is filed, as I understand' it, in the Naturalization Bureau. Is that not correct ? Mr. SiEGEL. No; it is filed in the office of the Commissioner of Immigration. Mr. Marshall. In the ofiice of the Commissioner of Immigration. In any event, in connection with the naturalization of the immigrant there is also a certificate of arrival. Mr. SiEGEL. Yes; there is a certificaite of arrival which is given; that can not be obtained, however. Mr. Raker. And that ends right there. Mr. Marshall. And that ends right there. Mr. Raker. And he goes out into the population of the country,, and in five or ten years there is not any chance to find out what he is doing, and whether he is benefiting the country or not, or any- thing else. 3F IMMIGRATION, 47 Mr. Marshall. He comes and goes as everybody else does in this country, and as everybody has done since the beginning of our Gov- ernment; and he works and he helps to build up our industries, and he gets married and brings up a family; and some members of his family become mayors of cities and some become Members of Congress. The son of an immigrant mother is now President of the United States. And another, the son of an immigrant father and of an immigrant mother was a candidate for the presidency of the United States against Woodrow Wilson in 1916 — ^Mr. Justice Hughes. Mr. Raker. On the question of their being suspicious of registra- tion and that that would allow the officers to keep tab on them, and give them an opportunity to exploit the aliens, let me say that every citizen of the United States who considers his inalienable right to vote of any value has to register. Mr. Marshall. In most of the States of the Union, that is true. Mr. Raker. Now, do you find, or has there been any information brought to your notice, that this registration has been a means of hampering or hounding a man ? Mr. Marshall. No; I have never claimed so. Mr. Raker. Well, the fact that every citizen has to register has no effect, so far as giving the police anything over him, or any oppor- tunity to hound him, does it? They can not do that whether he registers or not? Mr. Marshall. That is merely a requirement provided by the law as a condition of the exercise of the right to vote. That is another proposition entirely. If the foreigner were to vote, or if the alien were to vote, he should and would be subj ected to the same conditions. In those States where the alien is allowed to vote, he is required to register. My belief, however, is that one who has not been naturalized should not be given the right to vote. Mr. Raker. Therefore all the citizens who vote have to register, and those who do not vote do not register; and you think it would be to their detriment if we were to enact legislation by which we might know what they were doing and where they tvere, just like we do about our citizens who vote? Mr. Marshall. I do not think I have been correctly interpreted in that regard. My notion is that the . registration means not only having your name put on record when you come into this country; that is done. But it means the constant requirement of re-regis- tering over and over again, at stated periods. It may be once a year now; itmay be made later once every six months; or it may be made once every three months, or once every month, as has been the case in- some of the European countries. Mr. Raker. Then your objection is what you fear as to what might occur or might be done some time in the future, as to the extraordinary amount of registration that might be required by some foolish fellow — that might not ever occur. Is that your objection? Mr. Marshall. My obj ectipn Jies in the fact that there is this requirement of periodical registration, irrespective of the convenience or mconvenience of the person who is to register, irrespective of the fact that his business may require him to be away from the place where the re-registration must take place. Mr. RaKer. That is not possible, and there has not been any sug- gestion of that; it could not be; it would be foolish to suggest tha,t a 48 PROPOSED RESTRICTION OF IMJVLHiKAXiUJN . man should go from his place of residence or of work in order to register. Mr. Marshall. How would you work it out otherwise? Mr. Kaker. Just as it is now: A man can register where he is 30 days before he votes; and the assumption that he must move from place to place is only a bugbear of the imagination, a distorted propo- sition that does not even apply to the question of registration. Mr. Marshall. You will permit me to differ in that respect until I see the language of the statute. Mr. SiEGEL. The only suggestion that has been made here so far has been the suggestion made by Mr. Welty, of Ohio, to the effect that when they reach a new city they shall register at the county clerk's office. Mr. Marshall. Well, our immigrants are apt to be a floating body of men; they labor where than can find work; to-day they are in New York; to-morrow they may be in Ohio; next year they may be in Indiana or in Missouri. If they are building a raUroad, they may be at one time of year in Cuyahoga County, Ohio, and the next six months may see them down in Hamilton County. If registration is to be of the slightest value, you must have them register every time they go into a new State or a new county. That is the thing I am objecting to. You would be setting up a system that would be of no value at all unless registration is accompanied by a periodical require- mdnt for the presentation of documents and of registration in the locality where the person affected sojourns; otherwise, one who has registered in New York City, or in Albany, or in Syracuse — shall he go to Indianapolis, or to Jefferson City, Mo., might be called upon by some policeman, who would say, "Let me see your registration papers." Where are you registered? " His answer would be, ' ' I am reg- istered in Syracuse, N. Y." Of what value would that fact be, unless certified documents or corroborative documents were presented to the policeman of Jefferson City; and what would happen if the papers had been lost, mislaid, or stolen? And what would be the plight of a naturalized immigrant absent from his home ? I could multiply instances likely to be of daily occurrence. I am looking at 'this subject from the point of view of what would be the practical effect of the "working out of 'a registration system that would amount to more than a theory. I have no light to guide me, so far as that is concerned, but the light of European practice. Mr. Raker. I understand, then, that you are not opposed to reg- istration if it is done properly, and. there is no extra burden, and there is no undue burden placed upon the registrants ? Mr. Marshall. Well, I can not give a certificate of indorsement to anything unless I have it before me in black and white. I have no opportunity here of seeing any worked-out plan. What I do know is that discomforts and annoyances, opportunities for exploitation and of bureaucratic brutality, and the imposition of the badge of infe- riority here in such a system of registration. I can not express an opinion concerning one that still rests in the clouds and has not as yet been found capable of formulation except in the most general terms. Mr. White. Let me ask a question at this point: If the immigrant found that he was subjected to no inconvenience, to no exploitation. PROPOSED EESTEICTION OP IMMIGRATION. 49 and to no hounding, would not that soon relieve his fears and his suspicions ? Mr. Marshall. On that assumption, that hypothesis, coupled with the fact that it does not require him to pay fees over and over again, and thereby to diminish his slender means, on the basis of such a post hoc ergo propter hoc argument, registration might be of some value. But I would have to be shown — although I do not come from Mis- souri — that the results in practical operation would bear out the hypothesis. I am confident that they would not. Mr. White. Well, that is a psychological proposition. We live under this Government now, all of us well satisfied, and we go along and there are millions of us that do not know what is written in the Constitution; but we understand the spirit of the law. Mr. Marshall. Yes; we understand the spirit of the law and we can protect ourselves against abuses, but the immigrant is not so fortunately situated. Mr. White. And we have come to have confidence in it, and as we go along why would not your immigrant, who comes here with a super- stitious feeling, or who acquires that feeling after he comes here^ — why should he not get the idea that there was'justice ? I wiU not use the word ' 'freedom" ; I will not use the word ' 'liberty," because those words have been distorted. But there is in every man an innate sense of justice, a natural sense of justice; the race of man has always had it. And the immigrant ought to begin to see that it is aU right. And yet we propose to enact a law to assist the Government in the administration of justice toward the wards that come here; that is one of the purposes involved in the proposition; I should think that that was very pertinent. And yet you say they would object to that. Mr. Marshall. Mr. White, my idea on this point is that the men . who established this country and who have been responsible for its government for the last 130 or 140 years have had full appreciation of what liberty meant, and have never discovered the necessity of resorting to such a method of registration. We also know that from time to time, in various localities, laws have been passed discrim- inating against the alien, laws by which it has been sought to put him upon an entirely different footing from that of the native-born citizen. We know that that sense of justice that we would like to have applied to aU citizens does not always operate in favor of the alien. Let me call your attention to the decision in Raich v. Truax, pro- nounced by the Supreme Court of the I'nited States a few years ago, involving the constitutionality of a statute passed in Arizona that not more than a certain percentage in any business or industry should be aliens. Now, there you have an act of the legislature which dif- ferentiated between the alien and the citizen. The Supreme Court held the act to ' be unconstitutional. In many of our localities we find that in their license laws and ordinances one of the first condi- tions imposed is that the person seeking license to carry on a partic- ular business must be a citizen. Mr. White. I do not think those citations have any bearing on the subject under consideration. Mr. Marshall. They are in point as showing that there is a dis- position in many parts of the country to differentiate as against the alien. I could easily iiiultiply examples. 28210—21 4 50 PROPOSED RESTRICTION OE IMMIGRATION Mr. Rainey. What objections have you, if any, to a registration system for aliens, which is devoid of any hardships ? Mr. Marshall. Well, how would you frame such a system that would avoid these hardships ? I can not see how it can be done. Mr. Rainey. I know that you have in mind — at least, I think that you have in mind — the burdensome system employed in some of the older countries of the world. Mr. Marshall. I have that in mind very acutely. Mr. Rainey. Do you not believe that a good registration system would be a protection to the good immigrant who comes into the country, and would furnish a method of getting hold of the criminal alien who might come in here, and in that way would be a protection to this country? Mr. Marshall. I do not see how that would affect the criminal alien. I do not see how that would protect the good alien. Mr. Rainey. Well, we would have a record of them ? Mr. Marshall. You would have a record of a man, for instance, who registered in Boston on the 1st day of January, 1920; he goes to Chicago, and is there on the 1st of January, 1921. We find oii the register there the ^name of the man who registered in Boston. What is there to indicate that the man who registered in Chicago is the Boston man ? The man who registered in Chica,go may have fotten somebody else's registration book, or he may have changed is name. • Mr. Rainey. The registration certificate would have a description of the individual registered. Mr. Marshall. Well, so fa,r as it has that description, and that description is sufficiently explicit to make it capable of identificftion in the next registration place, you would have the fact that Mr. A, who had registered in Boston on January 1, 1920, registered in > Chicago on January 1, 1921. It does not show whether he has com- mitted any crime, or anything as to the inner workings of his mind, nothing as to his character, his usefulness, his purposes, his achieve- ments. Is it contemplated that he is to be subjected to the third degree by the succession of registration officials, or thot an X-ray photograph is to be taken of his mind and his heart; or that he is to go around the country bearing with him a registration book in which Eolice officials have recorded his condemnation, or for that matter ave given him a certificate of good character that he may not deseive? (Thereupon, at 1 o'clock, the committee took a recess until 2.30 o'clock p. m.) AFTER recess. The committee reassembled at 2.30 o'clock p. m., pursuant to recess. The Chairman. The committee will be in order. PROPOSED EESTEICTIOSr OF IMMIGRATION. 51 STATEMENT OF MR. LOUIS MARSHALL— Eesumed. Mr. Raker. I woxild like to ask Mr. Marshall two or three questions. You spoke this morning, Mr. Marshall, about ex-Justice Charles E. Hughes being one of the vice presidents. Does Mr. Hughes attend these meetings ? Mr. Marshall. All I know is that he has attended two meetings at which I was present, one at which he presided, another in which he took part. I have personally attended only a few meetings, and I think that there were two of these meetings which he attended. Mr. Raker. How would that be as to Mr. Garrison — Mr. Lindley M. Garrison ? Mr. Marshall. I have no knowledge as to his activity. I do not recollect having met Secretary Garrison at any of the meetings. Mr. Raker. Isn't it a fact that this list of vice chairmen Here is just selected merely because they are men of large experience, the public knows them very vvell and knows their names, and it is just something to make the letterhead look good ? _ Mr. Marshall. They have aflBliated themselves with the organiza- tion. Their names have not been used without authority. Mr. Raker. No ; I don't mean that. I mean that while their names are used with their authority they have not given or are not giving any real work and study to the workings of the interracial conference ? Mr. Marshall. I would not say that. I do not know just to what extent they have given it personal study; only I do know from my knowledge and acquaintance with the gentlemen named, Secretary Garrison and Justice Hughes, that they are not in the habit of allowing their names to be used in undertakings which do not meet w ith their thorough approval. I know of one meeting at which Justice Hughes presided, and he took a very active interest and spoke at some length with regard to the purposes of the organization. It was, in fact, the first meeting that I attended of this organization. Mr. Raker. Is there anything in the statement that this organiza- tion has for one of its purposes^not upon the literature or upon its face — to secure large numbers of impaigrants into this country for the industries of those who are interested ? Mr. Marshall. I have no reason to believe that that is the case. I haven't the slightest doubt that the men who are interested in that organization, who belong to the industries, recognize the necessity of having sufficient laborers to perform their work, and that they naturally would be in favor of a liberal immigration policy, so that there would be secured a sufficiency of labor to enable our industries to maintain production. Mr. Raker. Well, we might really as well be frank among ourselves, they are looking for cheap labor, as cheap as they can get it, aren't they ? Mr. Marshall. I do not know, that that is their purpose at all. I have never seen or heard anything to indicate that to be the fact. I know that at the various meetings they have recognized the _ importance of undertaking what is called the Americanization work as rapidly as possible, and that they have favored the plan of maintaining classes at their own expense, at which their employees would, on time paid for by the employer, become acquainted with the English language. » 52 PROPOSED BESTEICTION OF IMMIGRATION. Mr. Raker, Well, if the same amount of money were spent that is being spent by an organization like this inter racial council, spent propaganda and otherwise, the expenses of men and work of that kind — labor in effect is money — the equivalent of money — if that money were spent by these large concerns, manufacturing concerns, steamship companies, in providing ample rest rooms, places for amusement, sufficient toilets for the men and women separately, baths and places to change their clothes, and other conditions sur-^ rounding their labor were improved, so that when they got through they might change to go out upon the street, don't you think that they would get a great deal of labor that they do not get now ? Mr. Marshall. I do not quite understand the question in all its aspects. Of course part of the question assmnes that propaganda work is being done by manufacturers, or by steamship companieSj which I know nothing about. If your question is as to whether or not I believe that it is desirable that the employers establish a E roper system of education for their workmen, of giving them the est sanitary surroundings, of giving them rest hours, of providing for them proper toilets; in other words, doing all that is practical for their comfort, I am certainly strongly in favor of that and do believe that that would tend to create a better spirit among the laborers and necessarily contribute to more intelligent work. But that applies to everybody who labors, whether he is an immigrant or a native born citizen, and the tendency during the past 25 years has all been in the direction of improving the sanitary surroundings of the laborers, of giving them a safe place to work, of establishing improved machinery, of separating the sexes, of considering the problems which affect women and child workers. All those im- provements in labor conditions have been introduced and have tended to bring about a vast improvement in the physical, and to a large extent also, in the mental outlook of the laborer. Mr. Raker. While there has been a tendency, it has not gone quite as far — in other words, there has been a tendency but it has been going very slowly, hasn't it? Mr. Marshall. I think it has been going with very great rapidity in the State of New York in the last 25 years. I know that in about 1890 there was very great difficulty in bringing about the installation, for instance, of fire escapes in factories and giving the men and women proper .protection against accidents. "To-day the tendency on the part of all manufacturers — and it is to a very great extent due to proper legislation — is to take for granted that all these things must be done, and consequently a factor of 1920 as compared with one of 1890 is as day is to night, so far as all those conditions are concerned. Mr. Raicbr. Now what I was getting at, if that is the condition in the places you designate, does not that tend to bring more of our own labor to these factories that are willing and ready to work, and thereby making a larger supply of labor ? Mr. Marshall. I do not think that that has a tendency to bring more people to the factory. People have always worked because they had to work. There are very few people comparatively who would be willing to do very hard work unless there was a necessity for their doing it. There are few people who work for work's sake, and I do not think that so far as that is concerned these improved I PROPOSED EESTRICTION OF IMMIGRATION. 53 conditions aflfect the question one way or another, except that our business is now beiag conducted more on humanitarian hnes than it formerly was. ' Mr. Rakbe. And still, all of that has been brought about, not hy the voluntary action of the employer, of the large concerns, but it has been done by virtue of legislation. To a very great extent it has been done by legislation and by the agitation of people who believe that it is the duty of the State to protect human life and prolong htiman life; to make life more livable, and they have impressed those ideas upon the legislators, and the employer ha^ recognized the wisdom of that course as the result of that educational work that has been conducted. The Chairman. Let me ask a question there. You said a while ago that it was the dutj^ of the United States to prepare its foreign ■opulation for citizenship — to bring about its education. Do you elieve that voters should read and write the English language ? Mr. Marshall. I certainly do. I do not believe that anybody should be naturalized who is not able to read and write the English language. The Chairman. To read, write and speak? Mr. Marshall. To read, write and speak. I think that that is desirable from the standpoint of the State and is desirable from the standpoint of the citizen. Mr. Raker. Mr. Marshall, have you given the subjecst of the method of admission of the immigrant at the various ports any consideration as to observe the slackness with which it is done? Mr. Marshall. Yes; my notion is that the work is not well done; that there has been an insufficient number of inspectors; that the inspectors who have been at work are men who have not been of the grade that you should have; that the immigrant when he has arrived has not been treated with that consideration with which a, human being should be treated; that to a very great extent the examinations that havQ been made have been perfunctory, have not been as thorough as they should be, and that in certaia cases where examinations are held and the form of a trial is proceeded with, the immigrant has not been in a position to protect'his rights by having advisers who could tell him as to what his rights are, or to speak for him or bring out the exact facts upon such examination. In the days when immigration was very extensive, before the war, the immigrants were rushed through and there was not such a thorough consideration of their cases as would be desirable either from the standpoint of the public or of the immigrant. Mr. Raker. Now going back to the question of immigrants, of the number that might come over — say four million — and further, to cover the general subject, the desire of the foreign Governments to sort of restrict immigration from their country, don't you think that they are more desirous of coming Jiere because of the large wages they can get, to the end that they may work a couple of years and then return or send their money back to the old country; that there is a larger incentive for that than there is to merely come here and make it their permanent home — as to many of these laborers ? Mr. Marshall. I don't think that any foreign governments have any su(?h desire. My notion is that they will find that they need the workmen themselves. I think that is the great probability. 54 PROPOSED EESTKICTION OF IMMIGRATION. They must have the Jnan power; they must rely on the physical strength of these people to dp the work that they require for their own economic reconstruction. The farms have got to be tiUed and cultivated, and the mines will have to be operated; whatever factories they. have will have to be carried on. Labor and industry alone will enable these countries to extricate themselves from the ruins occasioned by the war and from universal bankruptcy. Now, I assume from what you have said that there is something objectionable in the fact that some immigrants have come over here and remained here only temporarily and that while here they send their money back to Europe, or go back to Europe with it. I don't know that we have any cause for complaint on that score. Presu.mptively if they saved any money it was because of their having performed labor, and of having rendered service. What they earned is therefore their own to do with as they may desire. I know that question was raised a number of years ago by orie of the immigration committees preceding this one. The statement was made, "Isn't it injurious to the country to have these men come over here and work on our railroads and work on our subways and then go back to Europe with their savings or to send that money over to Europe?" The answer was, "It is true that they send their money over to Europe, but if the railroads and subways were built by them they have given a quid pro quo; the State and Nation and the public have profited by their labor, and therefore we have no more cause to complain of their going back to their native lands with their money if they wish to go back, or of their sending their money back to their parents, if they desire to do so, than we would have to complain of an American who takes the money that he has earned or inherited in the United States and goes over to Europe and lives there the rest of his days. The Chairman. Now, Mr. Marshall, we have examined you at great length and taken a lot of your time, and the committee is grate- ful to you for your appearance, and I believe we want to hear Mr. Williams this afternoon. Exhibit A. Briep in Opposition to the Exclusion of Foeeign Language Newspapehs PROM Second-Class Mailing Privileges. Before the Senate Committee on Post Offices and Post Eoads. Senate bill 3718, entitled "A bill to exclude certain foreign publications from second-class mailing privileges, to increase second-class postal rates, and for other purposes." This bill purports to amend sections 14 and 15 of the act of March 3, 1879 (20 Stat., 359, ch. 180), and paragraph 9 of section 1 of the act of August 24, 1912 (37 Stat., 550, ch. 389), by imposing as a condition upon which a publication shall be admitted to the second class of mailing privileges, the requirement that it must be printed in the English language, "if printed in continental United States." Reading the sections sought to be amended in their relation to other sections in the same statutes, it is evident that the publications to which reference is made include newspapers and other periodical publications. Section 7 of the act of March 3, 1879. provides: "Mailable matter shall be divided into four classes: First, written matter; second, periodical publications; third, miscellaneous printed matter; fourth, merchandise." Section 10 of this act provides: "Mailable inatter of the second class shall embrace all newspapers and other period- ical publications which are issued at stated intervals, and as frequently as four times a year and are within the conditions named in sections 12 and 14." , PROPOSED EBSTRICTION OF IMMIGKATION. 55 Section 14 of the act from -whicli we are quoting is one of the sections sought to be amended in the bill now under discussion, in which it is proposed to insert an added condition w;hich would preclude newspapers and other periodical publications printed in a foreign language from the right to be mailed as second-class matter. Section 15 of the act likewise shows that the statute in its entirety refers to news- papers as well as to other periodicals. The significance of the proposed legislation is to be gathered from the following statistical facta indicative of the number and circulation of newspapers and periodicals printed in foreign languages in the United States : Included in the present population of the United States are upward of 25,000,000 persons of foreign birth or parentage, who represent 42 different language groups. Of this number 15,000,000 are of foreign birth. While some of them can read English, the great majority of them are able to read foreign languages only. Such information as they obtain as to the news, the Government, and general subjects, including intel- ligence from abroad, is afforded by the foreign language newspapers and magazines to which they subscribe and the greater part of which they receive through the mail. There are approximately 1,500 of these newspapers and magazines, whose circula- tion aggregates about 8,000,000. They are printed in 33 different lagnuages and are to be found in every State of the Union. The languages in which they appear include the following: Albanian, Armenian, Assyrian, Bohemian, Balkan, Croatian, Chinese, Danish, Dutch, Finnish, Flemish, French, German, Greek, Hebrew, Hungarian, Icelandic, Italian, Japanese, Ladino, Lithuanian, Norwegian, Polish, Portuguese, Rumanian, Russian, Slovak, Slovenian, Spanish, Sewdish, Serbian, Syriac, Turkish, Ukraninian and Yiddish. Less than one-fifth of these newspapers are German. They are read not only by the foreign born, but also by their children born in the United States. Not more than 4 per cent of these publications are Socialist, Communist or I. W. W. in their tendency, probably not more than 1 per cent being Communistic or I. W. W. The American Association of Foreign Language Newspapers is on record as in favor of Americaniza- tion and against "Bolshevism in all of its shades. " Only citizens can become mem- bers of this association, and no corporation a majority of whose officers are not citi- zens is eligible to membership. These publications are read in all parts of the country. There are nearly 3,000 communities in which there are at least 100 readers of these newspapers and periodicals, and nearly 2,000 communities in which there are at least 1,000 such readers. There are upward of 200 foreign language magazines, of which 65 are religious, 21 literary, 19 educational, 13 agricultural and 5 medical. Some of the newspapers are the organs of benevolent and fraternal organizations, having a large membership in all parts of the country engaged in many occupations and professions. Periodicals and newspapers in various foreign languages are also received from abroad, thereby enabling those who are of aUen origin to keep informed of conditions in the lands of their birth. The readers of the foreign-language press predominate in some of our most important industries, with the following percentages in the productive employments specified: Per cent. Clothing 72 Woolen manufacture 62 Furniture 59 Steel mills 64 Milling 62 Cotton manufacture 69 Packers 61 Tanneries ' 67 Bakeries ' 50 Sugar refineries ._ 50 Railway and highway maintenance 50+ That these foreign-born residents have an interest in the welfare of the country is shown by the fact that 70 per cent of the Dutch own their own homes, 63 per cent of the Bohemians, 60 per cent of the Finns, 50 per cent of the Danes and 44 per cent of the Swedes; while data are not now at hand indicating the extent to which those of other racial stocks have acquired their own homes. It is safe, however, to say that the per- centage is large. , i t i_ ^ If foreign-language newspapers shall be excluded from the second-class because o± the languages in which they are printed, they will necessarily be relegated to the third class and will be deprived of the more favorable postage rates accorded to second- class matter. ' 56 PROPOSED RESTRICTION OF IMMIGRATION. Postage is required to be paid on third-class matter at the rate of 1 cent for each 2 ounces or fractional part thereof, and must be fully prepaid by postage stamps affixed to such matter. (Act of Mar. 3, 1879, sec. 17; 20 Stat.' 359.) This rate is not only largely in excess of that payable by second-class matter, but the requirement that each separate newspaper shall be stamped entails increased labor and expense upon the publishers, whereas the cost of mailing the average newspaper belonging to the second class, even at the increased rates proposed in the present bill, would be from 2 cents, per pound or fraction thereof for the first and second zones, to 8 cents per pound for the eighth zone, the mailing of every individual foreign-language news- paper; weighing as it does on an average approximately 2 ounces, would cost at least 2 cents, regardless of the cost of the increased labor of stamping it. Moreover , since all of the other classes of mail matter are accorded a preference in delivery over third-class matter, the relegation of foreign-language newspapers into the third class will tend materially to destroy their value as mediums for the com- munication of news. When one considers that foreign-language newspapers, whose subscribers are scattered throughout the country, are in proportion even more de- pendent on the mails than are the readers of newspapers printed in the English language, it is obvious that the contemplated discrimination against foreign-language newspapers will not only render the use of the mail by them prohibitive, but as a further consequence would, bjr curtailing their circjilation, render their destruction, save in exceptional instances, inevitable. The questions that arise from this state of facts are: (1) Is such legislation consti- tutional? (2) Even if it is, would it conform with a sound and wholesome public policy? I. THE CONSTITtTTlONALITY OP THIS MEASURE. . One of the most valuable guaranties of the Constitution is that contained in the first amendment, which declares that "Congress shall make no law * * * abridging the freedom of speech or of the press." This amendment was adopted at a time when the suppression of free speech and the censorship of the press in England aroused the just indignation of the lovers of liberty throughout the world. Free discussion was followed by imprisonment, newspapers were suppressed and subjected to the most rigorous tests, opiniotis on public questions were sought to be dictated by the ministries in power, and treason and sedition were suspected in every utterance. An interesting account of the struggle for the attainment of freedom of opinion at this period is to be found in Chapters IX and X of May's Constitutional History of England. Among those who led in this contest for liberty, none was greater than Charles James Fox, who recognized the truth that so many are apt to disregard in times of excitement. He said: "In proportion as Governments are open, they are innocent and harmless. . Opinions become dangerous to a State only when persecution makes it necessary for the people to communicate their ideas under the bond of secrecy." Before him Socrates had said: "The sun might as easily be spared from the universe as free speech from the liberal institutions of society." So Demosthenes proclaimed ; "No greater calamity could come upon the people than deprivation of free speech." And Milton, in his Areopagetica, uttered the memorable words: "Give me the liberty to know, to utter, g,nd to argue, freely according to conscience, above all liberties." Lord Camden regarded the liberty of the press as "the greatest engine of public safety." In another of his famous speeches Pox said: " English freedom does not depend upon the executive government nor upon the administration of justice, nor upon any one particular or distinct part, nor even upon forms, so much as it does upon the general freedom of speech and of writing. Speech ought to be completely free. The press ought to be completely free," when any man may write and print what he pleases, though he is liable to be punished if he abuse that freedom. This is perfect freedom. * * * i have never heard of any danger arising to a free State from the freedom of the press or freedom of speech; so far from it I am perfectly clear that a free State can not exist without both. " In his famous argument in People v. Croswell (3 Johnson's Cases, 352) Alexander Hamilton said: "•The liberty of the press consists in publishing with impunity, truth with good motives, and for justifiable ends, whether it relates to men or to measures. * * * There is no other way to preserve liberty and bring down a tyrannical faction. If this right is not permitted to exist in vigor and in exercise, good men would become PEOPOSBD EKSTRICTION OF IMMIGRATION. 57 silent; corruption and tyranny would go on, step by step, in usurpation, until a tlast notMng that is worth speaking, or writing, or acting for, would be left in our country." ThoniaB Jefferson, the father of the first amendment, said that "liberty of speaking and writing guards our other liberties." He referred to free speech and a free press "as the only safeguards of public liberty," and reiterated that "our liberty depends on the freedom of the press, and that can not be limited without being lost." The methods employed in England for the purpose of controlling and suppressing thought have been most ingenious. A statute of Henry VIII prohibited women and artificers from reading the New Testament in English. Queen Elizabeth commanded that no person should print any paper unless fijtst licensed by her or six of her privy council or the archbishops, bishops, and the archdeacon. By a decree of the star. chamber issued in 1637 all books were ordered to be licensed by the Archbishop of Canterbury or the Bishop of London or their substitutes. In 1662 an act was passed, which prohibited the printing of a book until it was first licensed and registered at Stationers' Hall. In the reign of Queen Anne a stamp tax was imposed upon all newspapers, the amount of the duty being increased from time to time. (Paterson's Liberty of the Press, pp. 50-60.) Of this method of repression it is said in Volume II of May's Constitutional History of England, page 172, referring to the period between 1789 and 1798: "The stamp and advertisement duties were increased; more stringent provisions made against unstamped publications; and securities taken for insuring the responsi- bility of printers. By all these laws it was sought to restrain the multiplication of cheap political papers among the poorer classes; and to subject the press, generally, to a more effectual control. But more serious matters were still engaging the atten- tion of government. * * * Secret societies, committees, and officers were multi- plied throughout the country, by whom an active correspondence was maintained; the members were bound together by oaths; inflammatory papers were clandestinely printed and circulated ; seditious handbills secretly posted on the walls. As^ciation degenerated into conspiracy. Their designs were congenial to the darkness in which they were plaimed. * * * "The series of repressive measures was now complete. We can not review them without sadness. Liberty had suffered from the license and excesses of one party, and the fears and arbitrary temper of the other. The Government and large classes of the people had been brought into painful conflict. The severities of rulers and the sullen exasperation of the people had shaken that mutual confidence which is the first attribute of a free State. The popular constitution of England was suspended. " 'The freedom of the press sought to be secured by the first amendment was clearly understood to include immunity from such abuses as prevailed in England at the time of the adoption of that constitutional guaranty. There was to be no repression, no imposition of onerous burdens, no discrimination, no curtailnient of the right to publish and to disseminate the printed word. The freedom of the press was not to be "abridged." That does not merely mean that it was not to be destroyed or taken wholly away. It means more than that. Its freedom was not to be diminished, curtailed, or lessened. It was not within the power of either of the great depart- ments of the Government to say to the publisher of a newspaper that it was to be issued but once a month, that it was to consist of a singje page only, that it w;as not to publish any news less than a week old, that it was to be printed only in French or Latin or Spanish or English. It was never contemplated that either the freedom, of the press or freedom of speech limited the citizen as to the language in which he would communicate his ideas. With such a limitation speech would no longer be free and the freedom of the press would be abridged to a material extent. Just as a law that would undertake to limit the number of aliens that might be employed in any given industry would be uncoiistitutional, as was held in Truax V. Raich (239 U. S., 33), so a law that would require the residents of this country to speak and write the English language exclusively would offend the inhibition of the organic law. The enjoyment by a citizen of his rights, whether he be native born or naturalized, can not be made dependent upon Ms ability to speak, read, or write the English language. He may not be discriminated against for speaking in another tongue any more than he niay be because ne can not speak a dozen. Out- lawry, actual or moral, can not be predicated upon the speaking or reading of Frendi, Italian, Russian, Spanish, or Scandinavian. Under our system of government men can not be penalized because they prefer to read a newspaper, published in a language with which they are more familiar than the English language. To deprive any part of our population of the facilities to read any language that they please, to impose hardships and expense upon them because of their desire to read their newspapers in the langtiage medium that they best understand, is con- trary to what has hitherto been regarded as the absolute right of every citizen. The 58 PROPOSED KESTEICTIOlSr OF IMMIGRATIOlSr. most chauvinistic of our population would not contend that a law which prohibits the reading of the Bible in the English language, as did the statute enacted in the reign of Henry VIII, would be constitutional. No more would a statute comply with the test of the fundamental law if it prohibited the publication or reading of a newspaper in French, Italian, Walloon, or any other of the 42 langauges in wMch men and women speak and think and carry on their occupations under the protec- tion of our law. The statistics herein summarized show that millions of our population, industrious, thrifty, and law-abiding, would be deprived of the intellectual sustenance afforded by newspapers and periodicals if the foreign-language press were either totally de- stroyed or hampered in the circulation of its publications. Millions of them are voters who obtain their information as to matters of public concern from newspapers other than those printed in the English language. The fact that a small percentage of these newspapers are communistic in their tendencies — a much smaller percentage than those published in Bnglish^does not justify a repressive measure with respect to the 99 per cent that do not entertain communistic beliefs. This bill avowedly seeks to deprive all foreign-language publications from second- class mailing privileges, simply because they are not printed in the English language. They may, like the Courier des Etats tlnis, or II Progresso Italiano or The Day, rep- resent ideas which every good citizen shares. They may, as many of them are, be replete with information as to American institutions and American history. They may, as most of them do, inspire their readers with loyalty and patriotism and stim- ulate the spirit of Americanism. Yet they and their readers are punished because of their desire to employ a language other than English as the medium for attaining those salutary ends. This bill does not undertake to differentiate between the good and the bad, between those newspapers that preach and teach obedience to our Constitution and our laws and those few in number that are regarded as provocative of disloyalty and sedition. All are indiscriminately excluded from the privilege which is extended to every newspaper published in the English language, and every reader of a foreign-language newspaper is required to pay a prohibitive price for the newspaper that he receives through the mail as compared with that paid for an English newspaper, merely because of the difference in language. An Italian or Yiddish newspaper may literally trans- late the articles appearing in an English newspaper, and because of mere difference in form is subjected to an imposition of what is the equivalent of the tyrannical stamp tax which George III imposed upon the newspapers of his day. This is the first time in our history when it has been attempted to compel the inhabitants of this land to speak and read in a single tongue by imposing a penalty if they should yield to their preference, or even their need, for another. It will doubtless be said that this bill does not prevent the publication of news- papers in other languages. It does not prevent the publisher -from sending them as third-class matter or by express or by special earner to the subscribers. It does not prevent the reader from obtaining them at the publication office or at a news stand. It simply excludes him from the right enjoyed by the reader of English newspapers to receive the newspaper of his choice as second-class mail matter. It must, of course, be confessed that either of these methods of circulation would be much more expensive and inconvenient than the use of second-class mailing privileges, and in a majority of instances would prove entirely impracticable. It woiild also have to be admitted that the necessary effect of such a regulation would be to eliminate a large number of the foreign-language newspapers, and that that is the real object of this legislation. Decisions will doubtless be cited to the effect that the Government has the arbitrary power to exclude from the mail any publication whatsoever, and that although the foreign-language newspapers would be deprived of a valuable privilege and of that equality bsfors the law tj which every citizen is entitled. Congress would be acting within its constitutional powers if it passed such a law, however contrary it may be to justice and fair play. It is our contention that the decisions which are invoked in support of this extra- ordinary doctrine do not sustain it. This will be shown by an analysis of the authori- ties, which will now be made. The first of these decisions is Ex parte Jackson (96 U. S., 727). That arose on a conviction for a violation of section 3894 of the ^Revised Statutes, which madethe deposit in the mail of a letter or circular concerning lotteries intended to deceive and defraud the public a crime. It was argued that Congress had no power to enact such a law. That view was rejected, the power so to legislate being found in the clause of the Constitution empowering Congress " to establish post offices and post roads." This was considered as embracing the regulation of the entire postal system of the country, including the right to designate what should be carried and what should be excluded. PEOPOSED BESTEICTION OF IMMIGRATION. 59 The court had no difficulty in finding that the act under consideration, in its effect, constituted a declaration that the facilities of the mail should not be afforded for the •distribution of matter deemed injurious to the public morals, just as the transportation of obscene, lewd, and lascivious publications through the mail could be prevented and punished because of their demoralizing influence upon the people. The court was not called upon to go further than to decide that it was within the competency of ■Congress to prevent the mails instituted for the public welfare from becoming the cause of a public injury. Tn the course of his opinion Mr. Justice Field recognized the fact that the power of exclusicn was not unlimited. Said he: "The difficulty attending the subject arises, not from the want of power in Congress to prescribe regulations as to what shall constitute mail matter, but from the necessity of enforcing them consistently with rights reserved to the people, of far greater impor- tance than the transportation of the mail. * * * No law of Congress can place in the hands of officials connected with the postal service any authority to invade the secrecv of letters and such sealed packages in the mail; and all regulations adopted as to mail matter of this kind must be in subordination to the great principle embodied in the fourth amendment of the Constitution. Nor can anv regulations be enforced against the transportation of printed matter in the mail, which is open to examination, so as to interfere in any manner with the freedom of the press. Jjiberty of circulation is as essential to that freedom as liberty of publishing; indeed, without the circulation the publication would be of little value." The opinion then calls attention to the fact that, in 1836, the question as to the power of Congress to exclude i)ublications from tEe mail was discussed in the Senate, and that the prevailing opinion, as expressed in debate, was against the existence of the power. In the annual message of President Jackson of 1835, he had referred to the attempted circulation through the mail of inflammatory appeals tending to stimulate those in slavery to insurrection. He suggested the propriety of the passage of a law prohibiting the circulation of such incendiary publications in the Southern States. _A special committee, of which John C. Calhouij was the chairman, though condemn- ing the circulation of such publications in the strongest terms, insisted that Congress had not the power to pass a law prohibiting their transmission through the mail on the ground that it would abridge the liberty of the press. It is true that the con- clusion was founded on the assumption that it was competent for Congress to prohibit ' the transportation of newspapers and pamphlets over postal routes in any other way than by mail. It was admitted that it would follow that if, with such a prohibition, their transportation in the mail could also be forbidden, the right of circulating these documents would be destroyed and a fatal blow given to the freedom of the press. To meet that dilemma it was doubted as to whether Congress possessed the power to prevent the transportation in other ways as merchandise of matter which it excludes from the mail. The opinion, however, clearly shows that newspapers were not in this sense regarded as merchandise, because it proceeds to state: "To give efficiency to its regulations and prevent rival postal systems, it may per- haps prohibit the carriage by others for hire, over postal routes, of articles which legitimately constitute mail matter in the sense in which those terms were used when the Constitution was adopted, consisting of letters and of newspapers and pamphlets, when not sent as merchandise; but further than this its power of prohibition can not extend." The Criminal Code contains numerous provisions which make it criminal to carry letters or packets by private express, or to transport persons unlawfully conveying mail, or to transmit any letter or packet by private express, or to transport letters or packets by stagecoach, railway car, steamboat, or conveyance of any kind which regularly performs trips at stated periods on any post route, otherwise than in the mail. (Sees. I8I-I86.) . . Since, therefore, Mr. Justice Field admitted that penal provisions like those just referred to, would include not only letters, but also newspapers and pamphlets, and that any interference with the untrammeled transmission of letters, newspapers, and pamphlets through the mails would iviolate the freedom of the press, it is evident that the court did not differ from the views entertained by Mr. Calhoun when he pointed out: "Like provision may be extended to newspapers a,nd pamphlets, which, if it be admitted that Congress has the right to discriminate in reference to their character, what papers shall or shall not be transmitted by the mail, would subject the freedom of the press, on all subjects, political, moral, and religioas, completely to its will and, pleasure. It would in fact, in some respects, more effectually control the freedom of the^press than any sedition law, however severe its penalties." 60 PROPOSED EBSTRICTIOHr OF IMMIGEATION. In In re Eapier (143 U. S., 110), an attempt was made to reconsider the decision in Ex parte Jackson, supra. That case likewise arose on habeas corpus to procure the discharge from arrest of the petitioner after conviction for mailing a newspaper containing an advertisement of the Louisiana lottery. The earlier statute had beens amended so as to provide that no letter, postal card, or circular concerning any lottery,, and no list of the drawings at any lottery, no lottery ticket, and no newspaper con- taining any advertisement of any lottery, should be carried in the mail, and making- a violation of the prohibition a misdemeanor. The court adhered to its earlier ruling. The ratio decidendi is to be found in the following passage from the opinion of Chief Justice Fuller: "The States, before the Union was formed, could establish post offices and post roads; and in doing so could bring into play the police power in the protection of their citizens from the use of the means so provided for purposes supposed to exert_a de- moralizing influence upon the people. When the power to establish post offices and post roads was surrendered to the Congress it was as a complete power, and the grant carried with it the right to exercise all the powers which made that power effective . It is not necessary that Congress should have the power to deal with crime or immorality • within the States in order to maintain that it possesses the power to forbid the use of the mails in aid of the perpetration of crime or immorality. " In Public Clearing House v. Coyne (194 U. S., 497), a bill in equity was filed to restrain the postmaster of the city of Chicago from seizing and detaining appellant's: mail and stamping it "fraudulent," and returning it to the senders. The business conducted was manifestly of a fraudulent character, and the prohibition of the use of the mail to further it clearly came within the principle announced in ex parte Jackson and in re Rapier, supra. In the course of the opinion of Mr. Justice Brown it is clearly- shown that the power of classification of mail matter was not an arbitrary one, for he- said: "While it may be assumed, for the purposes of this case, that Congress would have- no right to extend to one the benefit of its postal service and deny it to another in the- same class and standing in the same relation to the Government, it does not follow- that under its power to classify mailable matter, applying different rates of postage- to different articles, and prohibiting some altogether, it may not also classify the recipients of such matter and forbid the delivery of letters to such persons or cor- porations as in its judgment are making use of the mails for the purpose of fraud or deception or the dissemination among its citizens of information of a character to debauch the public morality." In Lewis Publishing Co. v. Morgan (229 U. S., 288), the post office appropriation act. of 1912 supplemented existing legislation relative to second-class mail matter by requiring the owners of a newspaper or periodical sent through the mail to file with the postal authorities annually a sworn statement setting forth the names and post office addresses of the editor and managing editor, publisher, business managers and owners, and in the case of a corporation the names of the Stockholders and all known, bondholders, mortgagees, or other security holders, and in the case of daily newspapers a statement of the average number of copies of each issue sold or distributed to paid subscribers during the preceding six months. It also required that all editorial or or other reading matter contained in any such publication for which money or other valuable consideration was paid, accepted, or promised should be plainly marked "advertisement." These requirements were held to be reasonable regulations and not to constitute an abridgment of the freedom of the press or a denial of the use of the inail. That the court did not intend to extend its decision beyond the propositions- directly involved, but on the contrary did not regard Congress to possess the absolute right of legislative selection as to what should be carried in the mail, is made clear- by the opinion of Chief Justice White . After stating the contentions of the complainant , those of the Government are set forth on pages 299 and 300. The third of the pTVO'i tions advanced on its behalf is stated as follows- "(c) That even if these propositions be not well founded and the provision be given, the significance attributed to it by the publishers, nevertheless it is valid as an exertion by Congress of its power to establish post offices and post roads, a power which conveys an absolute right of legislative selection as to what shall be carried in the mails and which therefore is not in any wise subject to judicial control even although in a given case it may be manifest that a particular exclusion is but arbitrary because resting- on no discernible distinction nor coming within any discoverable principle of justice or public policy." After discussing the several contentions, the opinion closes with the following significant words (p. 316) : "Finally, because there has developed no necessity of passing on the question, we- do not wish even by the remotest implication to be regarded as assenting to the broad . PKOPOSED EBSTEICTION OF IMMIGEATION. 61 contentions concerning the existence of arbitrary power through the classification of the mails, or by way of condition embodied in the proposition of the Governinent which we have previously stated." A careful reading of the opinion further shows that the case was decided upon the narrow question as to whether the requirements contained in the act thereunder ■consideration were merely incidental to the purpose intended to be secured by the •definition of second-class matter. It was clearly not intended to decide that Congress had the j)ower to impose illegal conditions; that is, conditions that would amount to an abridgnient of the freedom of the press, the liberty of speech, or of the free «xercise of religion. ' If this were not so, then the very foundations of our political structure would be subverted. A majority, disregarding those traditions that have made our country what it is, could turn back the wheels of time and reproduce the depotism and tyranny of former centuries. By means of classification and the imposition of prqhiibitive j)ostal rates it might absolutely destroy the religious press other than that of the denom- ination favored by the majority. The political party in power could make it impos- sible for the political views of the minority parties to be published and disseminated "in newspapers and periodicals. If the party in power favored free trade it could make it impossible for a newspaper believing in the doctrine of protection to^give expression to its views. Those favoring Government ownership of public utilities could silence the ^.dvocates of private ownership. In fact the press could be effectively muzzled; just as it formerly was in England, and just as it is at the present time in soviet Russia — the only difference being one of method, the object being identical. It certainly requires ho argument to support the proposition, that whatever makes iihe exercise of the right of freedom of speech or of the press more expensive or less ■convenient, more difiicult or less effective, impairs or abridges that freedom. It was so decided in In re Harrison (212 Mo., 88). When, therefore, a law, indirectly but effectively, prohibits the publication of newspapers or periodicals in any language other than the English language, it trans- cends the limits of legislative power; it changes the first amendment by interpolating Into it words which it was not intended to contain. Instead of prohibiting Congress irom abridging the freedom of speech or of the press, whatever the language employed may be, it merely prohibits it from "abridging freedom of speech or of the pre"? in the English language." For more than 130 years no legislative body ever ventured to suggest that there should be such discrimination. In fact, in many of our i^tates the legislatures have provided for the publication _of the laws enacted at their several sessions, not only an the English language, but in other tongues familiar to a considerable portion of the population. The study of foreign languages was encouraged. They were taught to "thousands of children in their early years. Ihey have been employed in commerce, "in the industries, in the sciences. Ihey have been spoken from thousands of pulpitb and from the forum, and literally millions of loyal and devoted citizens pray to the Almighty for the preservation of our country and for its prosperity in languages other than English. It would, therefore, come as a shock to them were the Congress of "the United States to declare that, under the Constitution, they could be prohibited :from reGei\-ing through the mail newspapers published in a language other than English except on onerous conditions inapplicable to their neighbors who prefer newspapers published in the English language. II. BUT EVEN WERE CONGRESS VESTED WITH THE POWER OP DEPRIVING FOREIGN LAN- GUAGE NEWSPAPERS OP THE SAME MAIL PRIVILEGES AS ARE ACCORDED TO NEWS- PAPERS PRINTED IN THE ENGLISH LANGUAGE, SOUND PUBLIC POLICY WOULD DICTATE THE NONEXEETION OP SUCH POWER. The foreign language press ha-ying been treated on an equality with the English press in respect to the transmission of newspapers and periodicals through the mail ■during the entire existence of our present postal system, an infraction of that equality, "to be justified, must be supported by overwhelming reasons. If the publications ■of the foreign language press were all of them tainted with immorality or criminality, if they all preached treason and sedition, that Would doubtless constitute a sufficient reason for excluding them from the mail. So, in like manner, if the columns of any particular publication were thus tainted, the deprivation of that publication of the right to use the mail would be justifiable. No such indictment, however, can be framed against the foreign language press as a whole. Those familiar with it can testify that it is as clean, as honorable, as loyal and patriotic, as is the EngliA language press of this country. As has been shown, "not to exceed 4 per cent of the several publications issued in 44 languages is socialistic 62 PROPOSED EESTKICTION OF IMMIGRATION. in its tendency, and not more than 1 per cent is communistic. During the war, with few exceptions, that impressive collection of publications advocated the policies of America, encouraged enlistment and conscription, and appealed to its readers for subscriptions to the Liberty bonds and for aid to the patriotic organizations whose purpose it was to promote the welfare of our soldiers and sailors. That there have been isolated exceptions may be admitted. If the publishers and editors of such exceptional prints have been guilty of a crime, it is equallj- true that there have been even greater offenders among those who have issued newspapers _ printed in English more widely circulated than any foreign-language newspaper. In either case the offenders should be punished for the violation of such laws as have been enacted applicable to their misdeeds. If there is no such law then it should be enacted. To visit the sins of one wrongdoer upon a hundred men whose conduct is unimpeachable would be intolerable. One might as well condemn a shipload of passengers to death because one of their number has committed a murder. . It is al- ways unsafe to generali7e, to judge of an entire class by the acts of a few gf its members,, to take it for granted , because some of foreign birth or speech have been opposed to our national policies or to our form of government, that all of foreign birth or tongue- are hostile to them. Again we say that such a charge is the very converse of the truth; that it is as devoid of support in fact as would be the statement that every newspaper in the United States entertained animosity against our Government and its ideals, simply because there are publications, whose names are on the lips of all, published in the English language, written by men of eduaction and literary skill, that have not refrained in the hour of the Nation's peril from criticizing every governmental act, from attacking our Constitution and our laws, and from undermining the fundamental doctrines: upon which rests our theory of government. Let us not be carried away, therefore,, by intemperate accusation conceived either in ignorance or in falsehood. It has also been urged by thoughtless agitators, that the foreign-language press is a deterrent from what is called Americanization. What is probably meant by that term is an understanding and appreciation of American institutions, an acceptance- of American ideals, and a devotion to the welfare of the country. It does not mean identity in appearance, in outward garb, in tastes, in speech, in religion, or even in politics. The glory of our country in the past has been that, in spite of all differences m origin, in creed, in opinion, in speech, -we constitute one people. E pluribus unum is a phrase that fitly characterizes our vast population. Even in colonial days our population lacked that homogeneity that was to be found in England. The- early settlers of New York, the Dutch, spoke a language and represented a ci^"iliza- tion that were alien to the New Englander, while the'German settlements in Penn- sylvania'differed in essential respects from those of Virginia and Georgia, Om- growth was comparatively slow until 1820. From that time our population was enriched by the migration of various racial groups, and as immigi-ation increased the development of our national domain became possible, our industries grew in number and efficiency, and our national wealth advanced to an extent unprecedented in history; so that to-day the entire civilized world is practically dependent upon America. It is an error to assert that this remarkable achievement is attributable to any single racial strain in our population. America is no more English than it is Saxon. Every one of the 42 nationalities represented in the foreign-language press has done its. share in the creation of the real America and of the composite American of the present day. Every one of these constituent peoples has brought a special gift to our Nation. Some lla^•e brought brain and others brawn; some ideals and others industry; some manual dexterity and others intellectual power. All, however, have brought valu- able traditions, -the proper utilization of -wrhicli can only result in universal blessing. The best proof of this assertion is afforded by our Army and Navy, which almost literally grew in a night, and in spite of lack of previous training, one is almost tempted to say because of it, wrote the most miraculous chapter in the history of democracy. Irrespective of previous nationality, of race, of origin, of language, of the several units, they were all imited in the cause of America, and together wrested the world from autocracy. Hundreds of thousands of these patriots were far from proficient in the- English language. Many of them were not even able to speak it, because they have not been long enough in their new home to acquire the language. Yet that did not abate their heroism or diminish the spirit of self-sacrifice, nor did they hesitate to lay down their lives for the cause. An intelligent inspection of the casualty lists -will establish the accuracy of this observation. They certainly would not have been better Americans had they been regular subscribers to some' of the ultra-intellectual journals of opinion couched in the most elegant of English diction, rather than readers- of the foreign language press, from which they derived their love of America and im- bibed a sense of gratitude for the blessings of liberty. irnuruamu ±s,j- ford? Mr. Williams. The native New England stock? The Chairman. Your base stock. Mr. Williams. I should say about 40 per cent. The Chairman. Now you don't discriminate at all — you don't recognize them as your substantial people over your other people there? Mr. Williams. No; not at all. The Chairman. They are your base — 40 per cent, you say? Mr. Williams. Yes, sir. The Chairman. All the rest is divided now until you come to the newcomers, who are not citizens at all,. and they are made up of all the races you have named ? Mr. Williams. Yes, sir. The Chairman. Do they have their own schools? Mr. Williams. There are a few so-called national schools among the immigrants. The Chairman. Who conduct the schools? Mr. Williams. Generally speaking they are parochial, Catholic parochial schools. The Chairman. Do you conduct aijy classes in your works? Mr. Williams. No; but we cooperate with our local board of education. Mr. Raker. How many common laborers are there in the city of Stamford? Mr. Williams. Well, that is rather a diflB.cult question. I should say offhand that there are probably 3,500. Mr. Raker. How many young women are employed, women from 15 to 50, working in the industries there? Mr. Williams. Not less than 2,000. Mr. Raker. Now tell the committee what kind and class of work you are going to put this 5,000 common laborers to work at ? Mr. Williams. Five hundred. The Chairman. You want 500 there ? Mr. Raker. All right, 500 common laborers to work in Stamford. Mr. Williams. The demand for common laborers to-day in Stam- ford comes not only from the manufacturing industries, but from the building industry, including the construction of buildings, road building and other forms of public work. The Chairman. What do you pay for common labor? Mr. Williams. It ranges from about 49 cents an hour up to 70 cents an hour, 70 cents being the rate for common labor on con- struction work. 72 PROPOSED RESTKICTION OF IMMIGRATION. Mr. Raker. You are short of men for municipal road building? Mr. Williams. Yes, sir. Mr. Raker. About how many ? Mr. Williams. I could not estimate the number, but they are included in that estimate of 500 that I gave you. Mr. Raker. Then for construction of buildings, how many are you short of common labor there ? Mr. WnxiAMS. I can only give you the same answer, that I have bunched the whole thing together and estimated 500 for the com- munity. Mr. Raker. Then in Stamford everybody that has business to do, generally speaking, is out looking for common labor ? Mr. Williams. They are. Mr. Raker. And you are paying them from 49 to 70 cents an hour ? Mr. Williams. Yes, sir. Mr. Raker. Don't they demand more ? Mr. Williams. I do not think that they have made any formal demands; no. The Chairman. Now the statement was made here only in the last week that common labor in New York and Brooklyn brings .$6 a day. Mr. Raker. $8. The Chairman. $6 for common labor, I got it. Mr. Box. For eight hours. The Chairman. For eight hours. Won't your labor be inclined to move up to New York and Brooklyn ? Mr. Williams. I do not think so. In the first place there is the problem of transportation, for if they move down there they might find it very expensive to live, and they would naturally wish to com- mute if they had to work there, and in the end the sum total of their earnings would not be as great as if they worked in Stamford at the prevailing wages. Mr. Raker. How much did, you pay these men before the war, per hour ? Mr. Williams. I think that six years ago common labor worked for about $2 or $2.25 a day. Mr. Raker. How much an hour? You just gave it per hour and now you are giving it per day. Mr. Williams. About 20 cents to 22-^ cents an hour. The Chairman. The eight-hour day has not become popular — is not the prevailing day in Stamford ? Mr. Williams. No; the prevailing day in Stamford industries-, or the prevailing hours, are 50 hours a week — 9 hours the first 5 days and 5 hours on Saturday. Mr. Raker. I have been trying to find out wherein in the Stamford industries you are short of labor, and I have not been able to discover it yet. You have simply given the shortage on the public works, on the roads, the shortage on the construction— I mean on the foundation of buildings. Mr. Williams. Well, I mentioned that the shortage was also in the manufacturing industries. Mr. Raker. Of common labor ? Mr. Williams. Yes, sir. Mr. Raker. In what class, what kind of common labor in the industries ? Just give their designations. PROPOSED RESTEICTION OF IMMIGRATION. 73 Mr. Williams. I don't know how to define common labor any better than the term itself. Mr. Eakeb. Well, there is quite a distinction. Now you folks have come here to ask consideration for 5,000,000 people coming to this United States as common laborers, and in your city you are, short now, you say, 500. Mr. Williams. Of men who engage in the ordinary forms of manual labor requiring no particular skill, requiring physical strength and endurance, yard laborers, foundry laborers, helpers, men who move materials and pack it and store it — coal handlers. Mr. Kakee. Drivers of wagons. Mr. Williams. No. Mr. Raker. Drivers of automobiles ? Mr. Williams. No; they are a different class. They are chauf- feurs. Mr. Raker. You say class — I do not know anything about a class. Where did you get that word "class" ? Do you folks up in Stamford make a distinction and call a man a "class" if he drives a wagon, and do you put him in another class if he is out working on the street? Do you class him as men in classes, or do you fix them all as American citizens ? Mr. Williams. We are obliged to class them when we come to pav them, if the rates are different, are we not? Mr. SiEGEL. We have got different classes in the immigration laws, like the difference between a maid and a servant. The CHAiRMiN. Now let us drop that for a moment. We inter- rupted you in a statement you were making. Mr. Williams. We simply want to urge, Mr. Chairman, tha* we believe that industry is entitled to relief in the present situation. This shortage of labor affects not merely those who have invested their money in industry but it affects those who are engaged in industry, the workers. A day or two ago the press carried the news that one large concern in Detroit had to drop 30,000 men because of inability to furnish them with the basic materials for the industry. Now if we are unable to meet the needs of industry in the field of common labor, socalled, then the skilled. men and the semiskilled men, the machine operators, they are going to suffer, as well as those who have invested their capital in industry. The Chairman. The point is here — it is a very serious situation, I will admit, but I can not get it out of my mind that so many em- ployers of common labor want so much common labor on hand that they could practically have all three crews, one coming, one working, and the other just been fired. Mr. Raker. And another ready to get lower wages. The Chairman. Now that is to depress wages. Mr. Williams. Let me say this to you; that no one engaged in industry to-day, who has any brains at all, wants to fire a man. The Chairman. I admit it, now. Mr. Williams. There is no money in firing them . there never was any money in firing them. The Chairman. Now look at this situation: Here it is only a short time ago that they began to admit, under an order this year, illiterate ' Mexicans into the United States to do agricultural labor. Mr. Williams. Yes, sir. 74 PROPOSED RESTRICTION OF IMMIGRATION. The Chaikman. And that is followed by dispatches such as this one, an Associated Press dispatch: Laredo, Tbx., March 19. Representatives of the San Antonio Chamber of Commerce met here to-day with men of the local chamber of commerce and military and other Federal and local authorities in a discussion of means for handling the enormous influx of Mexican laborers and their families into Texas. The San Antonio representatives said that city was overrun with Mexican laborers who were penniless and without employment. The situation was characterized as "serious," and the best means of meeting the situation is being sought. Now, you would say that this influx of Mexican labor under this lifting of the ban does not amount to anything. Mr. Williams. Undoubtedly it means a great deal in that local community. I can understand that, but I do not think that that situation, however, affects the country at large, and it occurs to me that we have got to address ourselves to the consideration of this subject as it affects the country generally. The Chairman. That is what we are trying to do. Now, take your very town of Stamford; you would have no objection to absorb- ing some of those Mexicans and families ? Mr. Williams. I don't know whether we have got any of them or not. The Chairman. But, I say, you would not object to 500 Mexican laborers, would you, and their families coming to Stamford ? Mr. Williams. I don't know. The Chairman. Are you a citizen of that town ? Mr. Williams. I am. The Chairman. Would you object to them? Mi". Williams. Mr. Chairman, let me answer it in this way: I have had no experience with Mexicans; I don't know anything at all about them and I don't know, therefore, whether I would or would not. The Chairman. But you are willing to let labor come into this country to the point that you are willing to have the sewers of Europe scoured and poured into Stamford, Conn., yet you are in doubt about the Mexicans. Mr. Williams. No, sir; I have not made that statement. The Chairman. What is your position ? Mr. Williams. I don't think that because we asked to have the literacy test removed we are declaring ourselves in favor of scouring the sewers of Europe to get them. The Chairman. Well, all right; say it is that way, then what is your objection to the Mexican labor ? Mr. Williams. I don't know that I have any objection. The Chairman. You are not certain about it ? Mr. Williams. No, sir. The Chairman. Would you have any objection to Japanese labor? Mr. Williams. I really don't know whether we would or not. Mr. Box. I did not catch the name of the witness. Mr. Williams. Williams. Mr. Box. You represent the Interracial Council ? Mr. Williams. No, sir. Mr. Box. You are not in any way connected with it? Mr. Williams. I was chairman of the conference held in the city of New York, under the auspices of the council, but I am not con- nected with the council. PROPOSED RESTRICTION OE IMMIGRATION. 75 Mr. Box. Do you know anything about its formation ? Mr. VfiLLiAMs. I do not. Mr. Box. Do 3^011 know anytliing about its membership ? Mr. Williams. I do not. Mr. Box. You do not know whether they have various classes of members ? Mr. Williams. I know nothing at all about the organization, sir. Mr. Box. Have you seen any of its literature ? Mr. Williams. Oh, yes. Mr. Box. Do you know what an industrial membership in that association means ? . ^ Mr. Williams. Well, I have an idea of what it means. Mr. Box. What is your judgment about that? Mr. Williams. It means the membership of an industrial corpora- tion, perhaps, or an individual who is engaged in industry. I am assuming that. Mr. Box. You heard the gentleman this morning — through my own fault I did not get back here in time to ask him one or two qviestions — you heard him state about the philanthropic purposes of the Interracial Council, the great line of work that they were under- taking, Americanization, and so forth, that is proposed by it. Now, I want to know what office these industrial members perform in that great philanthropic program. For instance — ^you have not seen the list of membership ? Mr. Williams. Yes, I have. But may I suggest, Mr. Chairman, in view of the fact that my time is very limited, that Dr. Shiels and Mr. Mayper, who are here and are familiar with those subjects, it wi)l perhaps be better to propound the questions to them rather than to me. Mr. Box. I wanted to propound the question to you if you can answer it; if you can't, I won't press it. Mr. Williams. I can't answer it. Mr. Box. You heard the gentleman state this morning that in his judgment — he stated as a matter of opinion — that in his judgment Europe, the enlightened part of it, that part' of it that is left with any standing, I think he meant, would object to the leaving of their people because they needed them. You heard that ? Mr. Williams. Yes. Mr. Box. Do you think that is probably correct ? Mr. Williams. I dare say that it is true to a certain extent. Mr. Box. I think that is a pretty safe assumption. Now, if they object to the departure of any class, what class will they prefer to Jceep, the most desirable or the less desirable ? Mr. Williams. I should think they would prefer to keep the most -desirable. Mr. Box. You know the history of the deportation of criminals, and how countries get rid of undesirable people, like England did when they settled Australia ? Mr. Williams. Yes, sir. Mr. Box. Now, if Europe is struggling to maintain its industries by keeping its best men, its best people, and yet it is to give us 20,000,000 at your request, how far will the chairman be wrong Tvhen he says we will get the scourings of their sewers, if they are to 76 PROPOSED RESTRICTION OF IMMIGRATION. keep the best and we are to get in some way the kind that we are to get? Mr. Williams. I can only answer in the words of Mr. Marshall this morning that if literacy is a test of character, then it would be perfectly sound to apply the literacy test. But it is not, and I think that every sane person will agree that it is not a test of character. The Chairman. Now I understand — I don't want to cut you off, but you are trying to catch the 4 o'clock train. Mr. Williams. Yes. The Chairman. Then we will excuse you. We will now hear Mr. Shiels. STATEMENT OF MR. ALBERT SHIELS, HEW YORK CITY. Mr. Shiels. Mr. Chairman, I wish to explain very briefly, because some misunderstanding seems to have arisen here, that the request for this conference, so far as it represents a request, does not contain or refer to anything except the things covered by the resolutions that were adopted, a copy of which has been handed to you. The Chairman. Let me explain to you now the reason for many of these questions.. This is the first time we have seen these resolutions, but in the meantime the propaganda started, and not only member's of this committee but Members of the House generally get letters which they quickly discover to be form letters, urging this appeal here — they come from Detroit and elsewhere — rthat we must have 4,000,000 or 5,000,000 laborers. So the committee feels that we would like to know what is the Interracial Council — why and how ? Mr. Shiels. In order that time moy be saved, and that you may get the complete information, I think, in the interest of a clear understanding and an exact statement, with all deference to the chairman, it might be wise if the questions were asked of the persons who really knew. The Chairman. We would like to do that. Mr. Shiels. I want to say with reference to a long discussion on registration, however valuable that may have been, that it pbys no part whatever in these resolutions. It is not referred to in any way. The resolutions aim to present a constructive policy on all the impor- tant aspects of the whole immigration problem, but say nothing as to registration. Of necessity the thing which has been emphasized he e most to-d^y is the very important question of admission. But with it must always be considered questions of assimilation, the matter of seeing that immigrants are financially protected, so far as it is possible for us to control conditions, and i&nally the question which has already been referred to, the question of naturahzation. Now, so far as the status of the protection of the savings of the immigrant is concerned, it will probably have to be p'^ovided for by State legislation. That leaves the three questions of admission which has been gone into over and over, and assimilation and natural- ization. I suggest that if Mr. Mayper wiU take up the question of naturalization I shall discuss assimilation. The question of assimilation, of course, to most of us is a question of teaching foreign-born people our language, and, at least, such elementary knowledge of civics and our institutions as wiU fit them PROPOSED RESTRICTION OF IMMIGRATION. 77 to become intelligent and patriotic residents and eventually good citizens. But that is not quite all there is to the question. Mr. SiEGEL. Doctor, for the benefit of the committee and those who will read the record afterwards, just state your experience, showing your qualifications for discussing the matter. Mr. Shiels. I was one of the district superintendents of schools in the city of New York, and then became director of evening school instruction, which is that branch of the Department of Education which has to do with the education of the foreign-born adults. Then I became director of the division of educational research; then I was invited by the city of Los Angeles to become superintendent of schools of that city. I was superintendent of schools in Los Angeles for a period somewhat in excess of three years; then I requested to be relieved and came east. Mr. SiEGEL. And you taught school, I believe, for how many years before that? Mr. Shiels. Since 1890. Mr. SiEGEL. In New York City. Mr. Shiels. Yes, in New York until 1916. Now to go back to the question of assimilation, which if there is any value in a discussion of immigration at all must always be con- sidered — no matter whether you raise the bars or lower them, or whether the immigrant be literate or illiterate. Unless you adopt legislation looking to the assimilation of the immigrant, you cover only half the story, and perhaps the less important half. In these resolutions it was suggested that because of the various departments of government which touched the immigrant in his life, — the Department of State, the Department of the Treasury, and as we all know, the Department of the Interior, and the Depart- ptient of Labor; and because ftu-ther of the very small lack of coordi- nation at times and the division of activities which must of neces- sity occur when you deal with one problem through so many depart- ments, it would be desirable to have a Board made up of represen- tatives of these departments and such other persons as might be appointed. Its functions would be, first, an adequate collation of information to be presented to the immigrant when he is admitted, informing him of the opportunities of employment, the rates of wages and the places where such employment is available for him. The Chairman. When you speak of "resolutions", you are speak- ing of the printed set of resolutions, and not of the socalled Amer- icanization bill of The Interracial Council which has been sent here ? Mr. Shiels. I am speaking of the resolutions. The Chairman. And Miss KeUor's bill, which is apparently simi- lar to the biU of the department. Mr. Shiels. No, Mr, Chairman, my business is to speak for these resolutions as adopted by the National Conference. The Chairman. But they have sent out a proposed bill providing, for this department, which you are just about to outline. That is doubtless the case. Now information and guidance would not be the only functions of this board. It would be concerned with education. Also it would coordinate the work of the various depart- ments to which I have made reference, and it would cooperate with the, shall I say, thousands or more agencies that claim to, or assume to, or affect to deal with the immigrant and his welfare. The proT 78 PROPOSED BESTRICTION OF IMMIGRATION. posal for a board is based on the theory that no matter how many different departments are concerned with immigration, the human being concerned — that is, the immigrant — is the object of many rules, regulations, or requirements from different agencies. Whether you adopt registration, or do not adopt registration, it is very much better that there should be some centralized body to follow up the immigrant, to deal with him, to protect him when protection is a proper function of the Government, to insist on such care as is neces- sary in order to guarantee that he really measures up to the stan- dards demanded. Another thing I should like to explain is how this national conference on immigration came about. It is aiact — because the lady who has been referred to as Miss Kellor took the matter up with me — it is a fact that this conference was called by The Inter-racial Council Mr. Box (interposing). Your resolution says, "Held under their ausraces." Mr. Shiels. Correct. Now I am going to tell you precisely what "auspices" means. All kinds of people were invited. Question- naires were sent out in advance containing all sorts of questions about immigration, so as to get something together in one document that would not be of intolerable length and that would omit purely individual opinions. These resolutions, when finally compiled, represented on the whole what seemed to be the consensus of opinion. When that meeting was held, I made arrangements for a morning session and an afternoon session. I requested a former president of the Board of Education to be chairman in the morning, and Mr. John Williams, whom I had heard had been in industry and in labor, to be chairman of the afternoon session. Mr. SiEGEL. Who presided in the morning ? Mr. Shiels. Mr. Arthur S. Somers. If the chairman will permit,- I should like to send to each member of this committee a verbatim copy of the proceedings of that conference — 'what everybody said there. As these proceedings are too lengthy to incorporate in the record, I shall endeavor to prepare a summary of those proceedings, as well as to send a copy of the proceedings themselves. The Chairman. We will be glad to have it. Mr. Shiels. The morning meeting was devoted to addresses from eminent authorities on the various aspects of immigration. The afternoon session was given to a discussion of the resolutions them- selves. It was then that I stated that, although the Interracial Council had called this conference, yet from that moment the mem- bers present were in complete charge of the proceedings. The copy of the proceedings will give you the names of all the peopje who accepted. The Chairman. We will be glad to have it. Mr. Shiels. At that conference, after some discussion, changes were made in the original resolutions, and eventuallv thev were approved in the form in which they are now before you. May I say a word as to possible misunderstanding of a matter that was taken up this morning ? So far as I know there never has been in this country any attitude of antagonism to the alien-bom ' child on the part of the public schools. He has always been treated precisely as would a native-born child. It is a fact that there are ' alien children who are not attending school, just as it is a fact that PROPOSED RESTRICTION OF IMMIGRATION. 79 there are unfortiinately some native-born children who are not attendmg school, but that does not show any prejudice on the part of any community so far as those children are concerned. Mr. SiEGEL. As a matter of fact, Doctor, the euforcernont of the compulsory school attendance law in New York City is as perfect as can be had isn't it? Mr. Shiels. In my opuiioii I would grade it very high. When you are dealing with a population of seven or eight million, children drop in and drop out. But the standard of attendance is high. There has been a very marked development in our country for the last two years toward the adoption of legislation requiring com- pulsory school attendance of non-English speaking minors, in which legislation Massachusetts was a pioneer. I think that may have been the cause, perhaps, of the misunderstandmg of this morning. It is true that we have not reached the point where all non-English speaking persons under 21 are attending school, because the en- forcement of the law involves a considerable expenditure. More- over, a new organization has to be created for people under 21 and above the compulsory age for children. That can not be done in a day. It rec[uires in itself a process of education. May I say that we all believe in education; sometimes, wc believe in it so enthusiastically that we inake laws favoring it and forget to make appropriations by which the laws may be carried out. Now, if there are any questions on assimilation that I can answer, I will be very glad to be at the service of the committee. The Chairman. Have you given any thought to any plan by which the United States Government could distribute immigrants? Mr. Shiels. In my opinion, Mr. Chairman, it will have to be done through an intelligent process of discussion either with the immigrant or with his representative, and distribution of informa- tion obtained from various parts of the country, and very complete as to content. The Chairman. Now, let us look at one of the difhculties right off the bat. Here is a witness just ahead of you that thought common labor in Stamford received, we will say, $4. .50 a day, and 50 miles from there it was gettiug $& a d^y, and in Idaho they might be clamoring for it at $8 a day; now your immigrants come in; Stamford wants its quota at its price; Idaho wants its quota, and do you pronose some method of distribution under Federal supervision ? Mr. Shiels. The word "distribution" is very apt here to be subject to misunderstanding. The Chairman. I think so. Mr. Shiels. If it means that we take a man and say to him, "You must go to Stamford," or "You niust go to Montana," or "You must go to New York," we can not do it. Mr. Siegel. That was the underlying thought of some of the ques- tions asked here this morning. The Chairman. And what is more, once you placed a raan volun- tarily or assisted him, we will say, to get into the beet-sugar industry in Idaho, and he learned that he could go on to the Pacific coast and .^ get more money, he would be very apt to go. Now, one plan has been suggested here, that we place the entire matter of immigration and naturalization and citizenship in the State' Department — and passports. 80 PROPOSED EESTBICTION OF IMMIGKAJION. Mr. Shiels. As to the question of deterimning the right of an applicant in his own country, or at the European port of debarkation, to enter the United States, I think that it is unwise to intrust the right of final decision with an officer abroad. The thing I believe it would be wise to do would be to make it the duty of a consul, after having made the investigation concerning the applicant's fitness, to notify the home office of his findings. If necessary, he could say to the intending immigrant, "I am going to notify the home office that in my opinion you are not a fit person, under the laws of the United States, for entry." Now, if that were done and the consul would notify, let us say, Ellis Island, then when this man turned up there is no question but what his record and qualifications would be gone through with a fine comb, in view of that report. On the other hand, it is a fact that even though the steamship companies do have some- thing at stake because they may incur the penalty of returning the unfit, yet sometimes they take the chance of accepting them. Now, it is a most unfortunate thing if a man does come here that he has to be sent back; it is to be deprecated and avoided. However, if he is warned, then he assumes the risk; but he should not suffer because of unavoidable ignorance. The Chairman. It creates great distress, and of course is to be avoided if possible. Mr. Shiels. With the possible exception of the provision concern- ing literacy, and without assuming what the committee's judgment may be as to the proposed board of assimilation, I am rather inclined to think that the committee would be in hearty agreement with these resolutions. The Chairman. Now, of course, the statement is made over and over again, and it never can be combated, that the enactment of a literary test does not keep out undesirables, but you know that the literacy test became a law as the result of a long agitation and protest and what was thought to be excessive immigration — that is beyond the ability to assimilate — which had reached a large figure in 1913, and then came the war and took it off. Now, we have been six years with little immigration; we have gone through a war and have gotten our industries all out of kilter, out population out of kilter, congested in the cities more than ever before, and now is the sudden desire to let immigration pour in by striking down the literacy test, which is the only real thing that holds out any number of people. Mr. Shiels. Mr. Chairman, the literacy test would be undoubtedly an index of inferiority applied to certain nations. If a man came from Great Britain or France and could not read or write, it would be a fair presumption that that man had been very indifferent to oppor- tunity. There are countries concerning which literacy is an index of intelligence; but if, on the other hand, there be countries in which he never had a chance to attend a school because no schools were pro- vided for him, such a man might yet be a very clever man, even though he might not be able to read and" write. Illiteracy varies freatly in European countries; for example, nearly 70 per- cent in 'ortugal and Kussia, and less than 1 per cent in Sweden or Switzer- land, and in France something less than 15 per cent. Mr. SiEGEL. Doctor, is it 14 per cent? Mr. Shiels. In France ? Almost — ^for children, but the figures for army records are less thto 5 per cent. PROPOSED KESTBIOTION OF IMMIGEATION. 81 Mr. SiEGEL. In Great Britain ? Mr. Shiels. No; it is lower in Great Britain, where it varies from a little less than 2 per cent to 8 per cent. Italy as a whole, With a much higher proportional^e ratio in the south, would be about 37. Russia is very high, about 68. Mr. SiEGEL. Eussia is 83, about. Mr. Shiei.s. Here again arises the old question of statistics. The 1897 figures showed Russia had 69 per cent illiterate. Statistics are beautiful things, but they do not always agree. The Chairman. Now, Doctor, I want to ask you just as seriously as can be, do you really join the manufacturers of the country in their demand for an immense amount of common labor to come into the country instanter, as quick as we can bring it 1 Mr. Shiels. Mr. Chairman, my judgment on industrial matters, as a matter of personal experience, is scarcely woith quoting. I am not an industrial expert, nor an employer, nevertheless, because I have read so many of the answers to these questionaires, because I accept the statements made in response to them, I do believe there is an enormous dearth of unsldlled labor in the country to-da}''. It is said that we can get it if we pay enough for it. I don't know about that. I do not think myself, although I dislike to indulge in general statements, that skilled laborers, or our native born people, even if not skilled, are disposed to engage in the hard rough work we call unskilled labor — digging and hauling and pulling. Now the real question is — is unskilled labor needed? Not — is it needed to make money for somebody, but is it absolutely needed for the welfare of the country? Then the next question is: If so, how many unskilled workers are needed? I judge from those ques- tionnaires and the statements of those answering them, that there is a ven^ real need. When you come to the question of how many, Mr. Chairman, frankness compels this answer: There are no exact statistics available, unless indeed this committee is willing to send out a nation-wide questionnaire to a sufficient number of concerns in whom it has confidence, and learn the facts from such an investiga- tion. The only way of making an estimate, other than the accep- tance of the statements I have referred to, would be to faake a comparison of immigration figures for two different periods and then an examination of reduction or increase in hours of labor. If you assume that at the time the larger number of immigrants were enter- ing, the volume of immigration represented the actual needs of the country, and then contrast these figures with the number arriving in subsequent years, which, because of war was much less than the normal rate, then the difference multiplied by the number of years when war intervened, that is, 1915 to 1919, would represent the short- age. Now anyone is priviliged to refuse to accept conclusions from such figures, but if one admits the propriety of the method, then one must admit the accuracy of the result. Then the second factor which must be considered is a general assumption, based on changes that have taken place in the hours of industry. Let us take this example: If it can be shown of a number of people that for a certain number of hours per day production has been stopped, either we must assume that the workers can do the same amount of work in less time under normal conditions, or that the 28210—21 6 82 PROPOSED KESTRICXION OF IMMIGRATION. reduction in tlie length of the working-day is attended by a corre- sponding reduction in the amount of production; and ii reduced f)roduction be admitted, that is equivalent to another shortage of abor if there are no additional workers available to make it up. But two intelligent and honest men cah consider statistics of this kind and thev will disagree; they will even apply outrageous epithets to one' another, although each of them be perfectly sincere and positive. It depends altogether upon whether you are willing, to accept the evidence of business men and follow the conclusions derived from a greatly reduced immigration, a reduction in hours of labor, and an acknowledged increased demand for production. On the one standing fact that there is a shortage of unskilled labor, Mr. Chairman, I have any amount of testimony. Whether you believe it or not depends on whether jou accept the data. The Chairman. Now, you have lived on the Pacific coast. Have you thought that there should be any influx of oriental labor to those coast States ? Mr. Shiels. Now, you know I am from California, Mr. Chairman, and Calif ornians have a decided opinion on that subject. The Chairman. Well, then let us put it another way, and just as frankly as you can, state the answer. Mr. Shiels. I do not favor coolie labor. The Chairman. No; I see that; but in your opinion now as an American citizen, is an influx of labor from the Constantinople area likely to damage the Eastern States? Mr. Shiels. I would put my answer in general terms. One must assume a certain level of possible assimilation or amalgamation. If after investigation it should be proven of a given group that it could not be assimilated — and we have never proved that of Europeans up to this time — then, certainly, it makes an undesirable group altogether and should be limited, whether it were a nation or race. The Chairman. But you can't do that. Mr. Shiels. I realize the diSiculties. The Chairman. You can't do that under the treaty. Mr. Shiels. I know. The Chairman. Now, here is a thing that comes up before this committee over and over again, that the class of immigration coming into the United States in the last 30 years is continuSly, if we dare use the term, a little lower in the scale. Following your world flow of immigration, the water-level argument, in course of time the United States will find itself, the general people, living at' a poorer scale than they thought they would, and that probably accounts for the fact that so many people who are descendants of immigrants themselves favor keeping out the immigrants. Mr. Shiels. It is very difficult, Mr. Chairman, to make that state- ment to-day, in view of our past experience and present condition. I think that in our antagonism to people who differ from us in language or race or habit, we have been victims of prejudice. It is a prejudice that always existed as against every successive wave of immigration of very poor people who come here to do manual labor. Just now, the prejudice is against southern and southeastern Europe because the people from those regions are the latest arrivals. PEOPOSED EESIRICTION OP IMMIGRATION. 83 Mr. Box. That is where you will have to go, and that is where you hope to go by removing the literacy test. , Mr. Shiels. I do not hope anything, but that is where you and I shall have to go, because that is where the unskilled immigrant laborer must come from. You don't expect Irish immigration, unless somethijig unforseen happens. I don't suppose you are thinking of German immigration. You will probably not have English or Scotch ijumigration, you have not been getting Scandinavians, and you never had immigration from France or Spain to amount to anything. Tne Chairman. One of the very things troubling this committee now is the fact that there is supposed to be considerable German and Austrian immigration. Now the prejudices, the very thing you are talking about, should die out, and here our people are perfectly willing to contribute money and food to the congested population of Austria, crowded into Vienna, but are we willing to bring a couple of million of them over here ? Mr. Shiels. Now, here is the answer, Mr. Chairman. We are giv- ing away money to provide food to people over there who are not working because work and food are lacking, yet we can not spend the money for the same people in exchange for their labor, even though we need that labor for production. Now let us consider this South European immigration a naoment. "The Italian immigration is a most desirable type and it comes and goes as it is needed. That is my honest opinion. I have watched it in New York. Also I have watched the Russian immigration up to three years ago. It has been an excellent type. The orthodox Russian Jew, for example, is a conservative, industrious person. To-day the leaders of that group stand high, very high, in mdustrial, civic, and philanthropic circles. I am convinced that because of the difference in language and dress of the first arrivals — ^which are much more marked, let us say, than the difference in language and dress of an English farm worker, we become suspicious because they are so strange to us. It is an old story,' as old as the world, this suspicion of the immigrant. I frankly am an optimist on immigration, and have been for years, because these people and their native-born children are necessary for our development just as immigrant labor always has been necessary in doing the hard, rough work without which even skilled labor would have nothing to do. The Chairman. You don't care whether they come from Russia, Turkey, or India ? Mr. Shiels. I do care a great deal. Immigration and its results should be determined by examination of facts, not by presupposi- tions. I question India very seriously. Concerning Turkey — unless it belies its reputation — I never had the opportunity of meeting any people from there — I would have a very definitely suspended judg- ment. Besides if, as affirmed, Turkey is a polygamous nation — which nieans that some are polyagmists — probably they ought not to be admissible under our laws. If we really followed the law, and insisted on a due regard for the 18 or 20 qualifications that we are supposed to require of a man before The Chairman (interposing). "Wliich are passed on at the rate of one immigrant every half minute. 84 PROPOSED RESTRICTION OF IMMIGRATION. Mr. Shiels. Yes; that is the worst thing about it; the law is not observed. If we executed the law properly, things would be differ- ent; also we should discover there are many in our native bom communities that would be. thrown out on those standards, and I am not referring to mental obliquity. Mr. Box. They are here by right. Mr. Shiels. Certainly, but the fact remains. I say that the real trouble is that we ar6 not watching the front door because we are not willing to spend the money on a sufficient number of officials who would have time to do this work properly. You take those standards and read them carefully, as the members of this committee have over and over again, and if thley really were followed, you would get a pretty fine selection of people. The Chairman. We agree with you, but here we are; they are in, and when they show open evidence of disbelief in this Government and a desire to overthrow the Government, we have difficulty in getting them out, the greatest kind of difficulty, and the minute anything is started, anything that leads to deportation or tends to it, it is followed by a hue and cry over the country that we are engaged in repression, banishment, or oppression. Mr. Shieis. We have always had deportations, and I hope we shall always have deportation of people who deserve it. The only thing that I think is wise is to rememl!)er that the matter of evidence shomd be open to the usual precautions that you have in any court. I don't mean that anarchists and their kind should profit by technical evasions, but that we be sure of evidence, which is a good American principle. Once the evidence were established, the guilty ones have no business here; there is no question about that. Objection to deporting those who want to use force against us is false senti- mentality. I don't think Cohgress should give such objections attention. Mr. SiEGEL. In other words. Doctor, you seem to think that publicity as to the testimony itself would "have the desired effect. Mr. Shiels. I don't know that we need to rush to the newspapers with it. I mean that there should be nothing in our methods that, afford grounds for charging injustice. Mr. SiEGEL. You mean that the hearings should be open to the public ? Mr. Shiels. Yes. Mr. Vaile. I think what the doctor means is that not only should the hearings be public, but the accused should have an opportunity to be confronted by the witnesses against him; he should have com- pulsory process for witnesses in his own behalf, to be represented by counsel, to have the right of cross-examination, to be protected by the rules of exclusion, which would prevent the giving of hearsay ' evidence, and so forth, and in general the protection which the law throws around evidence given in civil or criminal courts. Mr. Shiels. Yes; people must be punished on evidence. Once it is determined by competent authority that the man is guilty of anything -tending to destroy this Government of ours, whose protec- tion he has beisn enjoying, I haven't met any level-headed pei-son who doesn't say, "Throw him out." The Chairman. I will take you down here and introduce you to some men in the Government service that think the other way. PROPOSED RESTBICTION OF IMMIGRATION. 85 * Mr. Shiels. One otliGr thing; some one bro',ught up the question this morning of the economic situation. So far as I have talked with the members of this conference, the first thing that counts, in their opinion, is the social consideration; second, the economic. That is my belief, and I am of opinion it is the belief of those who attended the conference. The social welfare of, the country and the main- tenance of its institutions must be the first consideiaticn. Mr. Box. May I ask a question? Now, you say that the first consideration is the social welfare of the country ? Mr. Shiels. Yes; that is so. Mr. Box. I take it that you would not be here as the representative of any group, not knowing who they are or what the general purpose is behind it? You would not be here beff^-re this congressional committee urging anything unless you knevr the motives behind it? Mr. Shiels. Why, Mr. Chairman, I might qualify that in the sense that a Congressman would not be here to rep^resent a district unless he knew the mbtives of everybody in the district. I know wha,t the resolutions contain, but I don't know the motives of those who voted for them. Only God knows that. Mr. Box. Well, I understand that you come here to present a request. Mr. Shiels. No; to present these resolutions passed by this national conference. Mr. Box. Called under the auspices of this other ofganization, and you knew that? Mr. Shiels. I knew it thoroughly. Mr. Box. And therefore you knew that they were the moviijg power behind it ? Mr. Shiels. No; I don't know that. Mr. Box. Well, who sent out the questionnaires? Mr. Shiels. I sent them out. Mr. Box. Did you do it at the instance of the Interracial Council ? How came it ever to be said that it was under the auspices of the Interracial Council ? Who hatched it ? Mr. Shiels. It was under the auspices of the Interracial Council for the very good reason that the Interracial Council paid for printing the resolutions and paid the postage for sending the questionnaires; out. Mr. Box. I see from the list here that they were able to pay for it. Mr. Shiels. I have seeii the list you hold in your hand, but I have never read the names. Mr. Box. You know that the Standard Oil Co. of New Jersey is one of them ? , Mr. Shiels. I know it now since you told me. Mr. Box. You know that Swift &, Co. are one of them ? Mr. Shiels. I will admit any names that you mention. Mr. Box. Armour & Co. — you know that several hundred of the biggest cor,porati6ns in the country are on here, if you look at the list. I am a little surprised to' find that you don't know this list of people. Mr. Shiels. i regret your surprise, but I must repeat the fact just the same. _ _ , Mr. Box. Well, what do you think about being here indorsing a movement originated by men whose identity you did not know ? 86 PROPOSED RESTEICTIOSr OF IMMIGRATION. Mr. Shiels. I have no sense of guilt, which your query seems to imply; furthermore, I may add that I am quite sure neither Swift nor Armour knew those questionnaires went out. I don't think they kne.v a thing about it until they got the resolutions, unless they had a representative at the conference. Mr. Box. Do you know how they came to be industrial members ? Mr. Shiels. No. Mr. Box. They are not in the habit of throwing their money away in doing idle things, are they ? Mr. Shiels. I trust not, for the sake of their stockholders. The Chairman. They may now, in order to evade the excess profits tax. Mr. Box. But you think maybe this is a place where they tried to put some excess profits. Mr. Shiels. Why, Mr. Chairman, I have no opinion, because I have no knowledge. I think these are questions — these are obviously questions, which, so far as they deal with facts, should be answered by a reference to facts. If there is any definite information you desire, I shall be delighted to request on my return to New York to direct that it be furnished to the committee. Mr. Box. Now, don't you think that the members of this committee have a right to know what is really behind this request that you gentlemen are making? Don't you think that if we do our work intelligently v/e must know ? Mr. Shiels. I think the committee should know everything about it. Mr. Box. Then why do you object when I ask you — or seem to object — when I ask you if some of these various concerns are identified with it. You seem to object to that. Mr. Shiels. No, Mr. Chairman, 1 regret that the gentleman should have received such an impression. Mr. Box. Well, I will withdraw it if I unfairly stated it. I had so understood it. But you do say that if these concerns have been behind this movement and prompted it, you did not know it ? Didn't you say that ? Mr. Shiels. You refer to this conference on immigration, or the Interracial Council ? Mr. Box. Yes, and the Interracial Council, under whose auspices it was held. Mr. Shiels. I will state very definitely from my own knowledge that the preparation of the material and the arrangement for the conference, excepting the mailing lists, was entirely within my own kno.vledge and control, and not in the control of any of these persons. Mr. Box. How canie you to fix it ? Who suggested it to you ? Mr. Shiels. The vice chairman asked me if I would get up a conference, a national conference on immigration, and I said I would be delighted to do so. Mr. Box. The vice chairman of this organization ? Mr. Shiels. Yes, sir. Mr. Box. Of the Interracial Council ? Mr. Shiels. Yes, sir. Mr. Box. And you didn't know who the members behind it were? Mr. Shiels. I knew who the lady was that asked mie. PROPOSED RESTRICTION OF IMMIGRATION. 87 '^Mr. Box. You knew the lady in the office having charge of the details ? Mr. Shiels. No; Miss Frances Kellor is not in charge of details. Mr. Box. I mean doing the local work ? Mr. Shiels. The vice chairman of the council. Mr. Box. But you knew there were other influences or forces or groups, whether you choose to call them, behind that, didn't you? Mr. Shiels. I didn't doubt there were other persons in the coun- cil, though I didn't think of it specially. Mr. Box. And you didn't think of it when you took up this movement ? Mr. Shiels. So I have stated. I was interested in something that was of very deep interest to me, immigration. Mr. Box. You didn't inqiiire where the funds were coming from? Mr. Shiels. I knew they came from The Interracial Council. Mr. Box. You didn't know where The Interracial Council got them ? Mr. Shiels. I have so stated. Mr. Box. And you didn't look to see who their membership was, in an effort to find out where it got them ? Mr. Shiels. No; I did not. I assumed they had members, but I have never known the names of members on the list until you brought it up. Mr. Box. And in embarking on this work you didn't make any effort to see who was furnishing the money to pay for the work? Mr. Shiels. Absolutely not. I have confidence in the lady who ' asked me to take it up. Mr. Box. You do everything that a lady asks you to do, without inquiry ? Mr. Shiels. Or a man either, if I have complete confidejice in him. Mr. SiEGEL. Doctor, for the information of the committee, would you just tell us what Miss Keller's work has been during the past dozen years or so ? Mr. Shiels. Although I am going to ask Mr. Mayper, the executive secretary, to answer in detail, I shall tell you what I know. Mr. SiEGEL. The reason I am asking is that questions come up any number of times about Miss Kellor. Mr. Shiels. I met Miss Frances Kellor when I was in charge of the evening schools of the city of New York, and was very much impressed at that time by her interest in the question of immigration, and by what I thought was her intelligent understanding of the problems involved. I met her a second time at a conference in Philadelphia, I should judge five or six years ago, on the same subject of immigra- tion and the welfare of the immigrant. I have read frequently ar- ticles by Miss Kellor on immigration. I have friends who know Miss Kellor, and in whose judgment also I have confidence, but as to the exact technical history of Miss Kellor from year to year, that infor- mation is available from other sources. The Chaikman. You understand the committee is not criticising Miss Kellor. We know her to be not only a brilliant woman but a very forceful woman. Mr. Shiels. I have a very high regard for her myseK. The Chairman. But here is a program aiming Mr. Shiels (interposing) . This is not Miss Kellor's program. It is the program of the Conference on Immigration. 88 PROPOSED RESTRICTION OF IMMIGRATION. The Chairman. No; but here is a national conference program, a conference being the result of the activities of The Interracial Council, a very high program divided into four parts, and here is the literature of The Interracial Council running right along following that, and then here comes admissions by yourself and others that the immigra- tion problem aiid the placing of the immigrants, etc., are more or less impracticable. Mr. Shiels. I said difficult. The Chairman. Difficult; it takes time to solve them. Mr. Shiels. Certainly. The Chairman. So, running right along behind these ideas with the difficult problems, here is all this literature driving full tilt for this 5,000,000 laborers, immediately. Mr. Shiels. That is your statement, Mr. Chairman. Mr. Box. Isn't that the very thing you are askmg for, too ? You are asking for 5,000,000 laborers. In other words, isn't there an identity of your demands there ? Mr. Shiels. Well, as to 5,000,000, 1 think I referred to that. May . I say that there is a considerable difference between affirming a shortage, as the resolutions do, and asking that a correspondmg number be admitted. As a matter of fact, it will be a physical im- possibility to bring in more than a seventh of that number in a year's time. There isn't the cargo space. I think, however, there should be presented to this conmiittee a statement, whatever the number is, 'which the Interracial Council believes is the number of unskilled laborers needed in this country. I think that should be placed in the record. The Chairman. We wiU get that. We have asked for it. We wrote to the executive secretary inviting her to come to this hearing. She did not come but the committee came. Now, the problem that confronts this committee is this, that if the literacy test was dropped and the head tax reduced, and this word went abroad, it is known now that many are seeking passports to come, large numbers, and we might be confronted here with a large number of laborers and their families, many of them assisted by foreign governments, as many of them are now being assisted, to come to the United States, the assistance being in the nature of a war bonus, and we might find ourselves here confronted with a very large number of newcomers to drop into the cities where already they can not house the present inhabitants, and thus add to the distress, to the unrest, to the radicalism, and to things that are not settled easily. That is the problem. Mr. Shiels. Now, Mr. Chairman, the matter of admission of course I have not ventured to speak upon; not because! would not be willing to, but I do not think that what I would have to say would add anything new. Now I wish to summarize. On the question of assimilation the facts are these: There is a great deal of lack of coordination — that has been my experience— respecting immigration. It is very desir- able that that be remedied. A proposition is made in these resolu- tions to remedy it. That proposition, doubtless, will receive the careful consideration of this committee. I think there is abundant evidence to show the desirability of also considering carefully the question of naturalization. But there are PROPOSED RKSTEICTION OF IMMIGRATION. _ 89 two things that I should like to add. The first is this : That this whole immigration problem, no matter what your point of yiew is, or how you consider it, because we must first of all think of its relation to ourselves, should not be considered with special reference to one phase of it. We should be taking proper measures to promote a solution of the whole problem from every point of view, to draw up a complete and comprehensive type of legislation that will consider the subject as it may affect the best interests of the whole country and all the people, not as it may affect one phase or another phase, or one group or another. And there is one thing which I have not yet mentioned, which I think it absolutely necessary for you to have in mind. I think it is desirable to organize some scheme by M'hich the foreign-born groups may themselves be conscious, either as aliens or as prospective citizens, of their relation to this country, of the necessity of presenting to our people what they have to give, of setting themselves right, at this time of suspicion and hatred, as to how they stand — not merely politically, or economically, but socially as well. It goes without- saying that they ought to be loyal to the Government. That is a thing that we have the right to demand. I believe they are loyal. We have disloyal foreign-born people, . and also disloyal native born as well, but they are not characteristic types. To the end that our people may come to understand these other people from Europe better — and that they in turn may understand us better — I have, since the organization of thp conference, undertaken to deal with the various racial groups. Therefore I have become more closely associated with the Interracial Council, and am now one of its vice- presidents, I want you gentlemen to know that. Mr. Vaile. I want to ask you a question about the machinery of the Interracial Council. I notice that it has offices at 120,Broadway, New York. Mr. Shibls. Yes. Mr. Vaile. Is that a series of offices, with stenographers and clerks ? Mr. Shiels. It has two offices; it has offices at 120 Broadway, and it has several offices in the Woolworth Building. Mr. SiEGEL. The Woolworth Building is 223 Broadway. Mr. Shiels. The Council's mailing office is at 120 Broadway. Mr. Vaile. About how .many employees has the Interracial. Council ? Mr. Shiels. That would be only a guess on my part. You can. get accurate information on that in a few moments from the secretary. The Chairman. We are very much obliged to you for your time and the patience that you have shown here. Dr. Shiels. STATEMENT OF MR. JOSEPH MAYPER, EXECUTIVE SECRE- TARY, THE INTERRACIAL COUNCIL, NEW YORK CITY. Mr. SiEGEL. Mr. Mayper, please state for the record your full name, your occupation, and your street address. Mr. Matpee. My name is Joseph Mayper, I am executive secre- tary of the Interracial Council, address 120 Broadway, New Yorlc City. I Mr. SiEGEL. Where do you reside ? Mr. Maypee. No. 203 East One hundred and seventy-fifth Street,, New York City. 90 PROPOSED RESTRICTION OF IMMIGRATION. Mr. SiEGEL. How long have you been executive secretary of the Interracial Council ? Mr. Matpee. For sive or six months; and prior to that time, since its organization, as industrial manager in charge of industrial work. Mr. SiEGEL. How long has the Interracial Council been in existence ? Mr. Mayper. a little over a year; since March, 1919. Mr. SiEGEL. Have you been with it since its organization ? Mr. Matper. Since its organization. Mr. SiEGEL. Will you tell us who is the treasurer? Mr. Matper. A. J. Hemphill. Mr. SiEGEL. Is that the same Mr. Hemphill who had charge of the work during the war in New York, generally ? Mr. Mayper. Yes; he was the treasurer of the National American- ization Committee; he is also the treasurer of the Belgian Relief Commission and of numerous organizations of a philanthropic and charitable nature. Mr. SiEGEL. That is what I thought; that is the same man. Go ahead and make your statement in your own way. Have you a hst here of the members of the Interracial Council ? Mr. Mayper. The names of most of our industrial members are on our letterhead. We also have representatives of practically aU the races in America on our racial conference committees. Mr. Box. That is only a partial list. Mr. SiEGEL. Will you furnish the committee with a full list of the members of the Interracial Count il ? The Chairman. The record of this hearing will be sent to you and you can insert it. Mr. Mayper. Yes, sir. (The list of members referred to is as follows:) List of members of the Interracial Council, 1$0 Broadway, New York. Name. Address. Memberships. Aberfoyle Mamafacturing Co Acheson Corporation Aberthaw Construction Co Acbeson-Harden Co Acme Shear Co *Eev. E. E. Adams AeoUan Weber Piano & Pianoia Co Aetna Mills Albee, E.r Aldred&Co *Bight Eev. Bishop Dr. Alexander J. Alexion Allegheny Steel Co *A. S. Ambrose Vincent W. Ambrose American Agricultural American Bank Note Co American Beet Sugar Co American Brass Co American Cyanamid Co American Byewood Co American Glue Co American Laundry Machine Co American Linoleum Manufacturing Co. . American Locomotive Co American Screw Co American Standard Metals Corporation . American Surety Co. of New York American Thermos Bottle Co American Thread Co American Trust Co American Type Foimders Co American Wholesale Corporation American Woolen Co Chester, Pa , New York City Boston, Mass Passaic, N. J Bridgeport, Conn . . . New Britain, Conn.. New York City Worcester, Mass New York City do , do do Pittsburgh, Pa New York City Newark, N. J New York City do ....do Waterbury, Conn . . . New York City do Boston, Mass Cincinnati, Ohio New York City ....do Providence, R. I New York City ....do ....do ....do Boston, Mass Jersey City, N.J Baltimore, Md Boston, Mass Subscribing. Do. Do. Do. Do. Racial. Subscribing. Do. Do. Do. Racial. Do. Subscribing. Racial. Do. Subscribing. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. PROPOSED EESTEICTION OF IMMIGRATION. 91 I(ist of members vf the Interracial Council, ItO Broadway, New York — ^Continued. Name. Address. Memberships. *Gustav Amlund *N. Ananikian Dr. GustavA. Andreon *Boris Anisfeld 1 . . *J.A.Antell ♦Victor Anttila *Dr. H. Arctowsld *P. N. Aristarkhov Aristo Hosiery Co Armour <& Co Armstrong Cork Co *John Aspegren Anton H. Asplund Mrs. Vincent Astor Astor Hotel Edwin F. Atkins Atlantic, Gulf & Pacific Co Atlantic Refininp Co - F. E. Atteauz&Co....;; '.'" *Atlas Powder Co Atlas Castor Oil Co Samuel M. Auerbach *Gen. M. N. Azgabedian *Dooteur Baekland EarlD. Babst Baker Castor Oil Co. Baldwin, William M Baltimore Bargain House Baltimore Tube Co Victor Bancke *Dr. Henry Baracs *Dr. Oskar Barandy Judges. P. Barasa Barber Steamship Lines *Dr. N. Barboiu- Bertalan Bama Julius H. Barnes Bamsdall Corporation *Karl Baron *Arpad Baroti William H. Barr Vladimir N. Bashkiroff The Bassick Co Walter C. Baylies A.C.Bedford Dr. I. A. Bednarkiewicz Beekman, Chas. K Behr, Herman & Co. (Inc.) *W. T. Eenda *Charles Bemreiter Berwind White Coal Mining Co. . *Rev. Ignatius J. Bialdyga Bigelow-Hartford Carpet Co Billings & Spencer Co .» The Biltmore Blake & Bl-os. Co Blanchard Bros. & Lane Bliss Co., E.W Block, Maloney & Co Blodget &Co Blrk, Louis Hon. Michael F. Blenski *Bodnar, Andrew Boissevain «fe Co Dr. Albert C. Bonasohi B onbright &Co Borglum, Gutzon *Prof.N. Borodin ; Botany Worsted Mills Bourne Fuller Co Bowman, John McE Bowring, Cliarles W Bridgeport & Co., I. B Bronner, Harry Brown Bros. Co Bryan, S. B Buckeye Pipe Line Co Buoynis Co *Budilovsky, John Buffalo Cooperative Stove Co. . . Buffalo Foundry & Machine Co. Buffalo Gasolene Motor Co Canton, S. Dak New York City Rock Island, 111 New York City Brooklyn, N. Y,... Waukegan, 111 New York City Philadelphia, Pa. . . New York City Chicago, HI Pittsburgh, Pa New York City do... do do Boston, Mass New York City Philadelnhia, Pa. . . Boston, Mass Philadelphia, Pa... New York City do ....do Yonkers, N. Y New York City do ....do Baltimore, Md do Brooklyn, N. Y Cleveland, Ohio South Bend, Ind. . . Chicago, 111 New York City Brooklvn, N. Y.... New York City .... do do Chicago, HI.. do Buffalo, N.Y New York City Bridgeport, Conn . . Boston, Mass New York City Erie, Pa New York City... do do Cleveland, Ohio. . . New York City do do Hartford, Coim.. . New York City . . . do Newark, N.J Brooklyn, N.Y... New York City . . . do Brooklyn, N. Y. . . Milwaukee, Wis. . . Bridgeport, Conn. New York City... do do...' do do Passaic, N. J Cleveland, Ohio. . . New York City . . . do do ....do do ....do do do Chicago, 111... Buffalo, N. Y. do do Racial. Do. Do. Do. Do. Do. Do. Do. Subscribing. Do. 'Do. Racial. Do. Individual. Subscribing. Do. Do. Do. Do. Do. Do Racial. Do. • Do. Individual. Subscribing. Racial. Subscribing. Do. Racial. Do. Do. Do. Subscribing. Racial. Do. Subscribing. Do. Racial. Do. Individual. Racial. Subscribing. Individual. Do. Racial. Subscribing. Do. Racial. Do. Subscribing. Racial. Subscribing. Do. Do. Do. Do. Do. Do. Do. Racial. Do. Do. Subscribing. Racial. Subscribing. Individual. Racial. Subscribing. Do. Racial. Individual. Subscribing. Do. Do. Do. Do. Do. Racial.' Subscribing. Do. Do. 92 PKOPOSBD KESTKICTION OF IMMIGRATION. List of members of the Interracial Council, 120 Broadway, New York — Continued. Name. Address. Memberships. Bvirns Bros H. G. BuiT Co Bush, Irving T Bush,M.-\V Butterf^ e'd. Frerl .«• Co Bntter—o-th, Wil'iam Ga^-ot , Phl'ip Carl-e'I.^. "".<«' Co *T?ev. CaMiinarho?:, D *Ca!vof'0'"e^'^i, ^ Cambria Fne^ Co Camr-e, "F. N "Ca'ie'-, Thoma'! ^ eo'ce Ca'-aninho'a'^ Ct' on '^ ""ill Coat Co =■ Ca^l'^on, H on. Famuel A ra-^onte'- Ftee' Co Caner, Bice* Co. anc.) ■* 'i' iamCa''ter Co Carusos, Dr. C Cassavetis, N. J Catzeflis, Wm Celluloid Co'. Central Leather Co *Cermak, Joseph Chamberlain, Lawrence & Co Chandler & Co Chapiu&Co., S. B Chaplin-Fulton Manuafcturing Co.. Chapman Valve Manufacturing Co. Chase Bag Co , Chase National Bank Chatham Hotel Chatillon, John & Sons Chattanooga Coke & Gas Co Chernosky, Judge C. H Chmielinsld, Henry H *Christensen, Erik T Chung, Jock K Church &DwightCo Chemical National Bank Cheney Bros ChildsCo Chino Copper Co *r.iampa, Costantino Claflins (Inc.) Clark, B. Preston Clinch, R. Floyd Coe, W.E Colgate, Hoyt & Co Cohen, Golcbnan Co Colgate* Co., Jas. B. Collier, Barron G. New York City do do Brooklyn, N.Y Ne'i' York City Moline, 111 Boston, Mass New York Citv Brooklyn, N.Y New York. City Cambria, Wvo New York City do ....do Carbonado, Wash Jamestown, N.Y Reading, Pa Boston, Mass Needham Heights, Mass . . New York City Boston, Mass New York City do do Chicago, 111 New York City do do Pittsbur.gh, Pa Indian Orchard, Mass New York City do do do Chattanooga, Tenn Richmond, Tex Boston, Mass New York City Brooklyn, N. Y New York City do South Manchester, Conn. . New York City do Dorchester, Mass New York City Boston, Mass Chicago, 111 New York City do .do. .do. -do. .do. .do. -do. Colorado Power Co Colt's Patent Fire Arms Manufacturing Co. Combustion Engineering Corporation Commercial Investment Co do . Commonwealth Power Ry. & Light Co do Commonwealth Trust Co Boston, Mass. .. ComputingTabuIating & Recording Co New York City . . Cone Export & Commission Co ' Greenboro, N, C Congress Hotel Co Chicago, 111 Consolidated Coppermines Co i New York City Consolidated Gas, Electric Light & Power Co ' Baltimore, Md. .". Continental Iron Works , ■. Brooklyn, N. Y. . Continental Paper Bag Co New York City.'. Continental Rubber Co . .' .' do Coonley, Howard BostonVMaVs.". . . Cooper, Lieut. Col. John A ' New York City Cosden & Co , : do ". Cosmopolitan Shipping Co ' do *Cover, Alexander , : Johnstown,' "Pa! ! ! Cowles, Russell A : New York City Crane Co ; Cluoago.lll Crex Carpet Co j New York City.. Thomas Crimmins Contracting Co ' do Crocker Wheeler Electric Co. Cronkhite Co. (Inc.) Crooke, John J. Co Crosby Co Cross, W. Redmond. Ampere, N.J Boston, Mass New York City. . Buffalo, N.Y... . New York City.. *Csernyiczky, Rev. Steven ' Bridgeport, Conn Subscribing. Do. Individual. Racial. Subscribing. Individual. Subscribing. Do. Racial. Do. Subscribing. Do. Racial. Do. Subscribing. Racial. Subscribing. Do. Do. Racial and individual. Do. Do. Subscribing. Do. Racial. Subscribing. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Racial. Do. Do. Sitbscribing. Do. Do. Do. Do. Racial. Subscribing. Individual. Do. Subscribing. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do, Do. . Do. Do. Do. Do. Do. Do. Individual. Racial. Subscribing. Do. Racial. Subscribing. Do. Do. Do. Do. Do. Do. Do. Indivldualt. Racial. PROPOSED RESTRICTIOIT OF IMMIGRATION. 93 List of members of the Interracial Council, 120 Broadway, New York — Continued. Name. Address. Memberships. Cuban-American Sugar Co Cudahy, Joseph M Cukor, Morris Cushman's Sons (Inc.) Cutting, E. Fulton Czamikow-Rlonda Co Dadakis, S d'Allessandro, Dominick DalkowsM, B. J Bamascus Bronze Co *Danco, Pierre Danzis, Gusta:^' *Daraso, .To<;eph *DavaIa, Michael A. . ., Davis, Howland S •. , *de Neergaard, Julius Donnison, Cha,s. L Dennj;, Pomeroy & Co Depositors Oil & Gas Co Dery, D . G Dexter Folder Co *Dezso, John *Dierick, Jules *Di Giorgio, Joseph *Dildjian, D di Micelv, Mariano Dixon, Joseph Crucible Co Dodge, Cleveland H Dodge, Philip T Doenler Die Casting Co Dohertv, Henry I.. & Co Dold, Jacob Paclring Co Dommerich, L. F *Doran. George H *Dowaliby, Salim *Down6y , Wallace Dovmey Shipbuilding Corporation . Dreicer & Co .' Drysdale, Benedict & Co Dryden, Forrest F *Du, Lee *Dul3uvoy, Andrev *Duggan, John F." Dunn, Gano DuPont, Coleman Du Pont, Pitoe S Durham Coal & Iron Co Durham Duplex Razor Co Duval & Co., W. H Eagle Pioher lead Co Eastern Leather Co Eastern Steel Co Eberlin, Viggo C Edison Electric Appliance Co Edison Electric Illuminating Co Edison, Thomas A. (Inc.) Eidlitz, Marc & Son Electric Bond & Share Co Electric Vacuum Cleaner Co Elkourie, Dr. H. A Elwell, J. W. & Co Emery-Beers Co Emery, James A Empire Tnist Co *Enemark. Jakob Ensign, W. S. (Inc.) *Erliardt, Stephen *Eriksen, E. B Eskesen, E. V Everett, Heaney & Co. (Inc.) Exchange Buffet Corporation Export Leal Tobacco Co Faber Pencil Co Fahey , John H Fahys & Co., Joseph Faour, D Farrell, Wm. & Sons Fearon, Brown Co Federal Adding Machine Co Felsberg, John ♦Ferrante, Mgr. Gerardo Finley, W.H New York City... Chicago, 111 New York City.- - do do do do Quincy, Mass Toledo, Ohio Pittsburgh, Pa New York City... do Akron, Ohio Passaic, N.J New York City. . . Brooklyn, N. Y... . New York City.. - ....do .-..do Allentown, Pa New York City Bridgeport, Conn.. Brooklvn, N. Y... New York City do do JersevCity, N. J-. New York City-. - do Brooklvn, N. Y... New York City Buffalo, N.Y New York City do ....do ....do ..--do --.-do ---do Newark, N. J New York City Kiev, N. Dak New York City do ---.do Wilmington, Del. . New York City... - do.. do.. Chicago, 111 Boston, Mass New York City do do.; Boston, Mass Orange, N. J New York City do do "Birmingham, Ala. , New York City do Washington, D. C. New York City Portland, Greg New York City Bridgeport, Conn.. Brooklyn, N.Y.... New York Cij^y do .---do .-.-do .---do-- Boston, Mass New York City do •--.-do ----do -...do ..--do ....do Chicago, 111 Subscribing. Individual. Racial. Subscribing. Do. Do. ' Racial. Individual. Racial. Subscribing. Racial. Do. Do. Do. Subscribing. Racial. Subscribing. Do. Do'. Do. Do. Racial. Do. Do. Do. Do. Subscribing. Individual. Do. Subscribing. Do. Do. Do. Racial. Do. Do. Subscribing. Do. Do. Individual. Racial. Do. Do. Individual. Do. Do. Subscribing. Do. Do. Do. Do. Do. Racial. Subscribing, Do. Do. Do. Do. Do. Racial. Subscribing. Do. Individual. Subscribing. Racial. Subscribing. Racial. Do. Do. Subscribing, Do. Do. Do. Individual. Subscribing. Racial. Subscribing. Do. Do. Racial. Do. Individual. 94 PROPOSED EESTEICTIOX OF IMMIGRATION. List of mennhers of the Interracial Council, IW Broadway, New York — Continued. Name. Address. Memberships. First & Old Detroit National Bank. Fisk Rubber Oo Fleiscbmann Co Fleitman & Co. (Inc.) Fli^ming, Arthur H *i 00, 1 ee *Fook, 1 ee Forher, J.-M. & Co Fo.-stmann & Huffman Co Fort Pitt Steel Co Foundation Co Fownes Bros. & Co France ,& Canada Steamship Co Francolini, Joseph N Frank Alfred (Ancram paper) Franklin Baker Co. of New York Freschi, 13 on. John J Frey, Johu P . . ; Fronezak, Dr. Francis E Frost. B. Y. &Co *Fuchs, Joseph Fuhr.J.J *Fulton, John H *Gade, John A ♦Galanos, !N *Galatzky, Prof. E GaiTison i indlev M Gaston Williams & Wigmore General Baking Co General Electric Co General Fire Extinguisher Co General Optical Co General Phonograph Oo General Refractories Co General Silk Importing Co General Tractors (Inc.) *Georgopoulo, G. A Gera Mills ♦Giannini, Dr. Attllio Gibbons. James Cardinal. . Gillette Rubber Co '. Gillette Safety Razor Oilman, I & Co QladdingDry Goods Co Globe & Rutgers Fire Insurance Co- Goldman & Sachs Gorski, Rev. Ant GouldMfg.Co Grace, E. G Graidunai!, Dr. A. L Grant (Inc.), John MacGregor Graphosoope Development Co Grasselli Chemical Co Green Star S. S. Oo Greenfield Sons, E ^ Greif, L. & Bros Guenther, Paul (Inc.) *Guidi, Udaldo. Gulf Refining Co *Gutland, K *Gum, Moy '. Gwathmey & Oo Gwynn, Arthm^ C Hackett, James K *Hag6naers, Lionel Hallgarten & Co Halsey & Hudnut *Hamborsky, Rev. Julius *Hajicek, Frank Hamilton, A. R Hamilton, Alexander, Institute. *Hamrah, Alexander Handy & Harman *Hansen, Rasmus *Hansen, Major Dr. Ejnar Harmony Mills *Harksen, Henry Harrlman, W. A Harris, Porber&Co Hart & Hegeman Mfg. Co Hartford Automotive Parts Co. . *Hartwick, Sophus Hatem, N Detroit, Mich New York City . . do ....do Pasadena, Calif. . New York City.. — do...-. Boston, Mass Passaic, N. J MeKeesport. Pa.- New York City . . -.-.do -...do ....do -.--do .--.do ....do Cincinnati, Ohio. Buffalo, N.Y.... New York City. - Berkeley, Calif.-. ■Duluth,Miim New York Citv.- do .do. -do. .do. .do. .do- -do. -do. -do. .do. -do. .do. .do. .do- do do Baltimore, Md New Yo-k City Boston, Mass New York City Providence, R. I New York City do Ajnsterdam, N. Y New York City South Bethlehem, Pa . Chicago, 111 New York City do Cleveland, Ohio New York City do Baltimore, Md New York City Boston, Mass Pittsburgh, Pa Cleveland, Ohio New York City do do do do do do Scranton, Pa Chicago, 111 Pittsburgh, Pa New York City do..-. do Grayling, Mich New York City Boston, Mass Portland, Oreg New York City do Hartford, Conn do San Francisco, Calif. . . New York City Subscribing. Do. Do. Do. Individual. Racial. Do. Subsciibing, Do. Do. Do. Do. Do. Racial. Subscribing. Do. " Racial. Indi'/idual. Racial. Subscribing. Racial. Do. Do. Do. Do, Do. IndividULil. Subscribing. Do. ■ Do. Do. Do. Do. Do. Do. Do. Racial. Subscribing. Racial. Inndividnal. Subscribing. Do Do. Do. Do- Do. Do. Subscribing. Individual. Racial. Subscribing. Do. Do. Do. Do. Do. Do. Racial. Subscribing. Racial. Do. Subscribing. Do. Racial. Do. Subscribing. Do. Racial. Do. Individual. Subscribing, Racial. Subscribing. Racial. Do. Subscribing. Racial. Individual. Subscribing. Do. Do. Racial. Do. PROPOSED RESTEICTION OF IMMIGEATION. 95 List of members of the Interracial Council, 1^0 Broadway, New York — Continued. Name. Hathaway, Smith, Folds &{3o *Haugen, Congressman Gilbert Hay Foundry & Iron Works Heokscher, August *Heaman, B. A Heide, Henry *Helskari, J Hehnski, T. M HeUer & Merz Hemphill, A. J Henderson Shipbuilding Co *Henlus, Dr. Max Henry & Wright Manufacturing Co *Hens is it wise to further augment the number, when any siun that we can appropriate will be inadequate ? Mr. Mayper. If you appropriate a certain number of millions of dollars, whether it is five million or twelve million or twenty million, for the elimination of illiteracy and inability to speak English, and you ask the question, "Is it worth while to .increase the appropriation lor that purpose by letting some more people into the country?" I say that this can not be arbitrarily answered, unless we take into consideration the other needs of the United States and balance them against this cost. Mr. Box. You mean the industrial needs ? Mr. Mayper. Precisely; and the commercial development and prosperity of the United States. Mr. Box. I understand. The Chairman. One of these bills, I do not know which one, re- quires that all persons receive as much as an eighth-grade education.. Is that possible ? Mr. Mayper. Dr. Shiels, you can answer that better than I can. Mr. SiEGEL. Dr. Shiels is an authority as to that. Mr. Shiels. It is not possible even with native-born white people to enforce any such law. , The Chairman. That is what I thought. It would create con- sternation in South Carolina, for instance. Mr. Shiels. May I make this suggestion ? The constant emphasis, on this illiteracy test has somewhat misled us as to the whole purpose of those resolutions. Now, as a matter of fact, when we first presented a draft of the proposed resolutions to the conference — and 1 assume that I am now speaking for the Interracial Council — it contained a proposal for the revocation of the literacy test only in so far as it applied to domestic servants and farm laborers. On the floor of the conference, however, that was changed by the delegates present who had nothing to do with the Interracial Coimcil. The Chairman. That is because you developed something that was to be a little outside wheel; you, were just getting up something in the name of the Interracial Council. Mr. Shiels. Here is the way I feel about the matter, merely as a citizen. It is not a question of admitting illiterates; it is not a question of wanting to admit anybody. The real question is, What does this country need, not what does Europe need? We have to- think of our own country first. And if it can be established as a fact, that we need, let us say not more than 10,000 immigrants, then, the question is. Can we get the kind we want ? And if we can get those who are literate, then very good — and if we can go still higher and get immigrant doctors of philosophy, then still better — let us go as high as we can. But the real question is, What axe our needs ? And if there are workers of a certam sort that are needed, and they can be obtained, they should be allowed to come here. There should. PROPOSED RESTRICTION OF IMMIGRATION. 125 be no imputation that we want illiteracy because we think illiteracy is desirable. Mr. Box. No; that you want them in spite of their illiteracy. Mr. Shiels. Yes. The Chaikman. The point is, that after years of effort on the part of the people who thoi^ht that immigration to the United States was a little too free, the Congress managed to pass, after it had been vetoed by three Presidents of the United States, a law with an illiteracy test that has kept out some illiterates. They might have provided, instead of that, a head tax of $500, or they might have provided several other methods. Mr. Shiels. Yes. The real point is that we should keep out those that we really do not want in this country. If we can get all we need of the kind we want, under present conditions) that is all right. But if it should turn out next year, or some time in the future, that we need a type of labor that would prove injurious to the country, then that is a different question. The Chairman. Well, here is the Territory of Hawaii clamoring for oriental labor. There are certain sections of the Pacific coast saying, "You have let the Eastern States have cheaper labor than we have; and you will not let us have any; and at the same time you have killed our resources for the benefit of those who come in from the other side." Mr. Kleczka. What percentage of those who would otherwise come in has this illiteracy test excluded ? Mr. Shiels. I have not that information at hand; but I can insert it later. The Chairman. We will be glad to have you insert that. (The statement referred to is as follows :) illiteracy data. X )■ From 1899 to 1909 tte average illiteracy of all Euiopean immigrants 14 years of age and over was 26.6 per cent. For the "old immigration' ' it was 2.7 per cent, for the "new immigration ' it was 35.6 per cent. The percentage of illiteracy by race was as follows: Scandinavian, 0.4 per cent. ., 1 in 250 English, 1.1 per cent . ... 1 in 100 Finns i 1 in 77 Bohemians , 1 in 59 Welsh : 1 in 52 Irish, 2.7 per cent — ....'. '.. 1 in 38 Butch : ..........:.... 1 in 23 Germans, 5.1 per cent : ; . . ; 1 : 1 in 20 Per cent. Magyar 11. 4 North Italian 11. 8 Hebrew 25. 7 Oreek 27.0 Rumanian 34. 7 Polish 35.4 Jugo-Slav 36. 4 South Italian 54. 2 Portuguese 68. 2 126 PROPOSED KESTKICTION OF IMMIGEATION. Illiteracy arrivals for seven years before the literacy test was passed for immigrants 14 yean of age and up. Year ending. Illiterates 14years and over. Total 14 years and over. June 30, 1911 182,273 177,284 269,988 260, 152 35,157 40,138 4,272 760, 750 June 30, 1912 724,472 1,050,73* 1,059,869 273, 718 251, 756 June 30, 1913 June 30, 1914 June 30, 1915 . June 30, 1916 June 30, 1917 . '. . 61 713 969,264 4,183,012 The percentage of illiterates for these seven jrears is 23 plus per cent. Under normal conditions an approximate estimate might be made of the number of immigrants barred by the literacy test, by using this proportionate percentage cf illiteracy as a basis of comparison and applying it to subsequent figures. The intervention of war, however, forbids the application of that method of compu- tatibn because the war in itself excluded the operation of all the usual factors influenc- ing immigration. These factors, combined with other new causes, have continued to operate since the armistice. Mr. Shiels. I will also be glad to furnish you a lot of printed material, and you can pick out what you want. Mr. Box. It would be better for you to send to the committee what you think we ought to have, because our desks are covered with hundreds of papers now, and it would be difficult for us to select just the information that we ought to have. The Chairman. Yes; we will send this record up to you, and you may insert matter that is material and relevant to it, because other ' members of Congress who are not present will read the record. Mr. Box. You are asking for the admission of 5,000,000 of laboring people? Mr. Mayper. Are we asking for the admission of 5,000,000 ? I do- not think that is the statement in the resolutions. We say that there is a shortage of labor. Mr. Box. Here is what you are asking for, or what you say is necessary, and you make it more than 5,000,000; that is what the memorial and' resolutions of the national conference on immigration. says about it : To-day there is a labor shortage in practically every industrial activity. It amounts to not less than that of upwards of 5,000,000 men. In addition, there is a dearth of agricultural labor and of domestic servants to an extent difficult of calculation. That is, in addition to the 5,000,000 men. And then the gentleman who was speaking this morning thought that the families ought to> come here. I just wanted to suggest what that involved. Then I want to know, when your solicitors go to the industrial members of the council, such as' those I have nam-ed — and I could nanae many others like them, as you know — these big steel com- panies, the Bethlehem Steel Co., or the American Locomotive Co. — do they go to those companies to solicit advertisements of the engines- and steel prod.ucts in the foreign language newspapers? I under- stand that their connection with your organization was largely as a kind of clearing house for advertising? Mr. Mayper. No; that is not correct. PROPOSED BESTBIGTION OF IMMIGRATION. 127 Mr. Box. Well, what is their business motive for paying the money ? Mr. Matper. Do you now want to know what services the Inter- racial Council is rendering to its members ? Mr. Box. No; I want to know why these people are paying $2,500 a year into your organizations. Mr. Maypee. There are two definite things, and some supplemental things : First, we have an industrial service. This consists in sending to an industrial plant men who speak the languages of the majority of the foreign-born employees. They make an analysis of the plant conditions and may spend from a day to a week or 10 days in a plant, in an open and above-board, man-to-man inquiry — and not as spies or detectives. They go to the employment manager, to the welfare director, to the medical department, and to the other persons coming in contact with the workers to find out how the personal services of that plant are developed among the foreign-born and non-English speaking workers. Then they go to the foreign-born workers them- selves — again in an open and frank above-board manner and they try to find out, in their own language, how they are availing them- selves of the plant personnel and Americanization services, and whether there are things going on at that plant which are creating dissatisfaction and unrest among them. Mr. Box. That is one good service that they render. Mr. Maypee. Then we try to find out how the plant management can develop or engage in new activities, and these usually include the organization of classes in that plant to teach the English language and to teach the meaning of Aiaerican citizenship. That is one service. Mr. Box. There is . another service that you render, as shown by your printed pamphlet, entitled, "The Interracial Council-": "The reduction of deportations to a minimum." Mr. Maypee. I beg your pardon. Mr. Box. Whom are you serving there 1 Mr. Maypee. Those are general pohcies of the Interracial Council. Mr. Box. The pamphlet also says: "And the review, of decisions; and the elimination of discriminations against foreign born." Now, you say one of the policies is to reduce deportations to the minimum? Dr. Shiels. That is, by keeping out the people who would be de- ported. Mr. Box. You are trying to keep them out now ? Dr. Shiels. We are trying to keep oiit that'type. Mr. Vailb. That is not the meaning of this language in your cir- cular; it says: "The reduction of deportations to a rfunimum and the review of decisions." Mr. Mayper. That was brought out by Mr. Marshall this morning, where he suggested that the alien should be entitled to the safeguards of normal legal procedure, and that the person arrested on a warrant of deportation should have the right to be represented by counsel. Mr. Box. But when you talk to Armour & Co. or the Standard Oil Co. or the Bethlehem Steel Co. about reducing deportations to a minimum, you do not tell them that you want those foreigners to get a fairer hearing; but you tell them that you are trying to reduce the number of those people that would be taken out pf the country, do you hot ? Is that not a fact ? 128 PROPOSED EESTBICTION OF IMMIGRATION. Mr. Mayper. That is not a fact. The industries of this countrv are as solicitous as any one of us to get rid of every so-called "red" in their employ. Mr. Box. You do not dispute that that is 3-our literature, do you ? [Indicating.] Mr. Mayper. No ; not at aU. But what we stand for is to secure the right of a legal hearing, and with the chance to subpoena witnesses and to be heard, with counsel, before an open tribunal in every pend- ing deportation case. Only in this manner can we reduce in a large way the unrest among our foreign-born people that is developed by some of the present methods. Mr. Box. Do you not think that you cotdd better satisfy the in- telligent foreign-born people — and that it is impossible to satisfy the others — that you could better satisfy them, not by reducing the num- ber of deportations as an end, but by making the procedure open, so that they would understand it ? Mr. IVfAYPEB. Well, then we apparently agree in principle, although the expression of it may not be the same. I think we agree on the process involved. Mr. Box. There is another thing that the Interracial Council is doing; it has been writing me letters weekly; I have received quite a number .of letters; I wUl not trouble you by referring to all of them. But one of the things you are attempting to do is to increase immigra- tion to the United States, is it not 1 Mr. Mayper. No; except Mr. Box (interposing). Then, what do you want those 5,000,000 for? Mr. Mayper. There is a decided difference between increasing im- migration by stimulating it and amending the law so that an excluded type will hereafter be admissible. In other words, we are not pro- posing that we go abroad, into Poland and Italy, for instance, and urge them to come over here. Mr. Box. I am not saying that; but you are proposing the opening of the doors much wider, so that they can get in. Mr. Mayper. I think that is a fact. Mr. Box. That is a fact. Now, what interest have these corpora- tions that I have named — and there are certainly hundreds of them altogether — in this ? Are you performing your contract duty to them in trying to get these people into this country? Mr. Maypek. No. We do not agree to get immigrants in. Mr. Box. Just a minUte; let me finish, and then j^ou can answer my question: When you solicit them, or at some time during your nego- tiations with those people, whom I might call your " constituents " Mr. Mayper. I understand. Mr. Box (continuing). Do you not advise them in advance that you are going to try to get men to supply this labor need ? Mr. Maypee. I do not know whether the individual solicitors do that or not; I do not go with them. But I do know what they are told to hold out to the so-called " constituents." They are instructed to outline the services enumerated under the heading "Servicp to Industrial Members" in that little booklet [indicating] in making an industrial membership appeal. Mr. Box. And you know also that the literature which they see carries with it an effort to get the immigrant labor into this country for that very purpose ; that is, to supply their industrial needs. PROPOSED EESTBIOTIOlSr OS" IMMIGRAtlON. 1*29 Mr. Maypee. That may be true in so far as the resolutions of the National Conference on Immigration go. Mr. Box. Yes. Now, as a matter of fact, do you think that such concerns as Annour & Co., the Standard Oil Co., and others of those big competent concerns — ^whatever eh& we may say about them, they are competent — do; they need the help of your men to find their advertising? Mr. Mayper. Are you referring to the foreign-language press advertising? Mr. Box. I am talking^ about their seeTdng an advertising medium, as, you said a few moments ago. Do you think they need your aid in placing their advertising? Mr. Mayper. Your question is not very clear to me. Do you mean the Inter-racial Council's pro-American advertising, or the com- mercial commodity advertising solicited by the American Associa- tion of Foreign Language Newspapers ? Mr. Box. I am talking about the regular commodity advertising. Mr. Mayper. Well, that is a simple business proposition. In the city of New York, I think there are five^ or six agencies soliciting advertising for the foreign-language press. The American Associa- tion of Foreign Language Newspapers (Inc.) happens to be the largest of those agencies, and the one that gets. the most business. As I said, approximately 50 or 60 per cent of the total national adver- tising is placed through that association. Mr. Box. Now, what has the American Locomotive Works to advertise through those channels ? Mr. Mayper. The American Locomotive Works does not advertise anything in those papers. The large majority of the firms or cor- porations who are members; of the Interracial Council may not adver- tise any commodity through the American Association of Foreign Language Newspapers; yet thej would support the work of the Inter- raioial Council' because of our industrial service and our pro-American educational advertising campaign in the foreign-language press. Mr. Box. I see. So that, in the case of such clients or constituents as that, the purpose is not to reach the foreign people for advertising purposes, but to obtain ^our services in the adjustment of their rela- tions with other men?' Mr. Mayper.' Yes — that is one of our services. A clear distinction must be kept between commodity advertising, with which the Inter- racial 'Council is not. dealing at aU, but which the American Association of Foreign Language Newspapers is handhng, with its own staff, its own records, and in its own quarters — and the advertising of the Inters racial^ Council: itself, which is entirely of a pro-American educational nature. Mr. Box. YoU' say that one of your purposes isi to maintain a foreign-language press? What do ;^,ou mean by "maintaining it," if you do not own it or: have an thing to do with it? Mr. Mayper. Let me repeat what I said at the very start, that we believe absolutely in the necessity of the existence of a, foreign- language press in the United States at this time and until a large majority of our non-English-reading public can read the BngHsh lian- guage. So, we believe in maintaining a press in this country which is 28210—21 9 130 PROPOSED KESTBIOTION OF IMMIGRATION. printed in other languages than English. It does not necessarily mean that we are supporting the press by emoluments of any kind or by the payment of subsidies. We are absolutely nor doing that. When a' firm or a corporation wants to sell, for instance, rubber boots to our foreign-born population the American Association of Foreign Lan- guage Newspapers (Inc.) tries to get the advertiser to place that advertisement in the foreign-language press as a strict commercial proposition. The association submits estimates for the papers that will reach the foreign-born farmers out in the Northwest and the foreign-bom workers on wet" jobs, and similar data. Mr. Box. One thing more. I see another clause in this booklet of the Interracial Council stating your purposes, in which you state that one of your purposes is to decrease the number of departing^ immi- grants. Now, we had the proposition of increasing the immigration; you are here asking for that. Mr. Mayper. Yes. Mr. Box. And you had a proposition to decrease the number of deportations ? Mr. Maypek. Correct — through regular legal procedure. Mr. Box. And here is another clause in tms booklet, in which you are -seeking to keep those who are here from leaving the country. Now, every one of those things points to the labor supply. Mr. Mayper. No; two of them do; one does not. The first propo- sition refers to the literacy test, the second to deportations. But the total number of deportations, even if every one of the 3,000 or more who were arrested in the several raids were deported, would not amount to a drop in the bucket in so far as the labor supply is concerned. Mr. Box. Well, it affects the labor supply. Mr. Mayper. Hardly. What it does is to create unrest among the other foreign born who are in America and who are interested^ The Chairman (interposing). Anoth'er thing it does is to keep them from joining these Union of Russian Workers and the other organiza- tions of a similar character, in spite of what you put in your Weekly Bulletin, that 10 per cent of those aliens who were deported by the ship Buford were sent through error. Mr. vShiels. We got that statement from the newspapers. The Chairman. You got it from the newspapers ? Mr. Mayper. Yes ; that is simply summarized from a statement in a newspaper. You will notice m this newspaper clipping [handing paper to chairman] a memorandum made to our researcn department which reads: "Summarize ijtito paragraph for Weekly News Letter." The Chairman. Well, the exact memorandum written by Secretary Wilson has been sent to this committee, and this statement [indi- cating] does not fit that; I mention that just to show you what a publicity bureau will do. Mr. Mayper. That newspaper clipping is from the New York Evening Sun of February 7, 1920. (The newspaper article referred to is as follows:) HUSBANDS DEPORTED BY MISTAKE — ^LETTER FROM SECRETARY WILSON DECLARES ORDERS WERE ISSUED NOT TO SEND FAMILY MEN TO RUSSIA ON SOVIET ARK. Through 'some unaccountable oversight" it is now known orders to Ellis Island from the Conmrissioner General of Immigration, directing that no aliens having wives and children in this country be deported with the first 249 Reds who sailed on the PROPOSED EESTKICTIOjST OF IMMIGRATION. 131 "Soviet Ark," did not reach New York, and about 10 per cent of the Buford's passen- gers were deported contrary to the policy of the Labor Department. This fact is set forth in a letter from Secretary of Labor Wilson, dated January 7, to Miss Helen Todd, chairman of the American Woman's New York Committee, organized to provide relief for wives and children of these men left virtually destitute by the loss of the heads of their families. Confirmation of the order did reach immigration offices at Boston, Philadelphia, Cleveland, Chicago, Buffalo, Detroit, Kttsburgh, and Baltimore, and none of the aliens held at these points who had wives and families were deported, said the Secretary's letter. An effort will be made to provide some suitable plan for sending the families, of thie deportees to Russia. Secretary Wilson says in his letter, which follows: "Dear Madam: The department has received your letter of January 5 concerning the matter of wives of alien deportees who sailed on the Buford on the morning of the 21st ultimo. It is a matter of regret that the husbands of the women you mention in your communication were depotted on that steamship. "On the 18th of the month, two days previous to the departure of the ship, on learning that there was a small number of alien members of the Union of Russian Workers arrested under warrants issued since the 5th of November last who had families in this country, several of whom ha-^e American-born children, and having in mind that the aliens to be deported on such vessel might, after landing in Europe, be required to cross military lines, the department gave consideration to the subject in a conference with the Acting Secretary and the Commissioner of Immigration. "At the conclusion of the conference the department gave directions as follows: Alien deportees who have no wives or children in this country should be deported on said vessel. Those having wives or children in this country will be allowed to remain here until the result of the experiment shows that their wives and children can be sent with them on vessels or until other transportation is found. " I am informed by the Commissioner General that on the 19th ultimo he caused to be prepared a telegram reading as follows: 'Do not include in present deportation party of Russian workers aliens having wives or families residing in the United States, ' and directed that the officers in charge of the station at Boston, Philadelphia, Chicago, Buffalo, Detroit, Cleveland, New York, Pittsburgh, and Baltimore be called on the telephone and informed of the contents of the message, confirmation to follow by wire. "This, I am advised by said officer, was done with all the stations named, but through some unaccountable oversight the confirmation did not go to New York. I am also informed by him that no aliens having families who were to be taken from the immigration offices at Boston, Philadelphia, Cleveland, Chicago, Buffalo, Detroit, Pittsburgh, and Baltimore were included in the parties of deportees from those cities. It thus appears that the Ellis Island station is the only one from which heads of fami- lies were deported," and owing to the fact that the number of families affected can not reach hundreds, the number mentioned in yoxu- letter, it is likely that you have enumerated them all. " "The Commissioner General further states that, outside of the request of Mrs. Ora- dowsky, who alleged that she was an anarchist and the common law wife of Marcus Oradowsky, one of the deportees, whose husband came under the departmental order above set forth, he was not informed until a short time before the departin-e of the vessel that there was any one thereon who left a wife or family in the United States, excepting the statement made to him by one of the officers of the bureau, shortly before the vessel sailed, that one of the men claimed to be married. "Further answering your said letter, the department is investigating the circum- stances attending the deportation of a number of heads of families who were deported in the manner stated and such other matters in connection therewith as should come to the attention of the department and will make further reply. "In relation to the demand which these women make through you in behalf of the American Woman's New York Committee that they and their children be sent by the first boat to rejoin their husbands and fathers, the department wishes to state that there are no completed arrangements for the departm-e of another diip. It is probable in the absence of any otiier method of transportation that another vessel may be utilized for deporting sonie of the aliens who have been or hereafter may be ordered deported. "Of course the Government can not deport wives and children of alien deportees, nor can it insist upon their departure from the country. Their departure, if it takes place, must be voluntary. As the law makes no provision that families of deportees shall be sent with them at Government expense, this part of your request can not be 132 PKOPOSED EBSTBICTION OF IMMIGBATION. answered beyond the statement that, as is usual in cases of deportees with families, the persons affected make suitable provision for the expense required. Of course other ways may occur to you. ' 'As soon as the immigration officer in charge of the deportees on the Buford has made his report concerning existing conditions at the place to which they may be deliv- ered you will be apprised of the same, so that the women in whose behalf you have written may be fully informed. The department will be pleased to take steps to have information speeded to the utmost degree. ' ' The department wishes again to assure of its regret that its directions unfortunately miscarried at one of the ports. "W. B. Wilson, ^ "Secretary of Labor." The Chairman. I just want to call your attention to the fact that this committee has received a number of articles about parades and meetings and other activities of these "Reds," some of which will surprise you, and some of which it would be well for you to print in yom- publicity campaign. Mr. Maypee. We will be very glad to get it from the committee and I think we can probably include some of it in our advertising educational work. Mr. Vaile. Those solicitors who solicit industrial members for the Interracial Council are not confined to the statements contained in this booklet; they may make any representations that they like, within the general scope of its activities ? Mr. Mayper. They are instructed to confine themselves to the actual work of the council, but any agent can make any representa- tions he wants to make. Mr. Vaile. Let me tell you the experience of this committee: We have had a number of gentlemen here urging the admission of Mex- ican laborers for work on the cotton crop of the South; we have had others here urging the admission of those laborers for the sugar fields of Colorado, Wyoming, Utah, and Nebraska. We consumed about two weeks in our hearings of those gentlemen. We also had a committee here a few days ago, representing the building trades of New York City, strongly urging the necessity of bringing in labor for their needs. Mr. Maypee. If what I know of the building situation in the sec- tion of the country where I live is any criterion, then they certainly do need common labor; they build two stories of a house and then stop, because their labor is drawn off to some other operation. Mr. Vaile. Yes; they need labor. But in all of the time in the present session of Congress, I do not remember a single manufacturer, or a single farmer or producer coming before this committee to argue for the Americanization of such laborers as are already in the country. To me it seemed very evident that what they were most interested in was not the Americanization of those who were in the country; but an increase in the supply — that more should come in. Now, if that is what they were principally interested in when they appeared before this committee, is that not what they will be interested in when your solic iter goes around to them ? Mr. Maypee. I do not know what they will be interested in. But I do know this: I know what we are trying to do, and we are working on a comprehensive program. Primarily, the work of the Inter- racial Council is Americanization in its broader sense, and the de- velopment of better racial relations in this country; it is not for the PROPOSED RESTKICTION OF IMMIGRATION. ' 133 elimination of the literacy test. TJie Interra,cial Council had never taken a stand on illiteracy until the National Conference on Immigra- tion was called The Chairman (interposing). Let me ask you how: long could the Americanization process go on? We will say the Americanization will he quite rapid at the rate at whick you work on the ground among the common labor, but that large number of others were l>rought into the country quite rapidly: How long do you think that could last, in a country of the size of the United| States ? Mr. Matter. Do you mean until it came to what has been termed the point of saturation ? The Chairman. Yes; that is exactly it. Mr. Mayper. To the point where you could not assimilate any- more? The Chairman. Yes ; to the point of saturation ? Mr. Maypek. I could not really say. I think that our immigra- tion for the last 15 years, except during the war,*showed that, except for the panic of 1907, and the unemployment period of 1915, we practically absorbed, certainly in our industrial processes, every per- son who was here. The Chairman. You absorbed them in that way; but yOil did not teach them !finglish, and you kept up a large number of foreign- language newspapers; and if you keep up their subscriptions, it stands to reason that the foreign-language newspapers will survive. Mr. Mayper. But the difficulty is with us — ^not with them. It is not with the immigrant who comes here; we have, not pirovided ade- quate facilities to teach him English and to make him undeirstand what America really means. Dr. Shiels told us that the evening schools in New Yoric City had only 35,000 attendance when there were several hundred thousand who could not speak English. The Chairman. Well, that is not the business of the tJnited States; that is the business of New York State. Mr. Shiels. But in New York City we actually had the highest percentage for the country of attendance of non-English-speaking or foreign-bom pupils. The Chairman. Well, you have the highest percentage of that class living there. Mr. Shiels. Yes; we run about 80 per cent of foreign born, or those who have been here one generation. JBut we had the highest percentage of attendance among that class. But while things are very much better because of recent legislation, and will be much better than they are now, it is certainly a fact that, while we talk about our night schools and our adult schools for our foreign bom population,, it is not a drop in the bucket; and if, in taking the attend- ance we find that the majority attend less than 22 evenings of two hours each, we will agree that there is not much possibility of accomplishing what ought to be accomplished. You will realize what it means, if you gentlemen work hard all day, and then try to learn to read the Arabic language in the evening.^ Wheh you think of that, you can realize what it means to go to night school for two hours an evening after working hard all day. The immigrant starts with a hurrah, but if there is a teacher who does not speiak a ■ not been proven. The warrant is canceled. Louis F. Post, Assistant Secretary. CASE OF MATT FILTPOVICn. With a view of furnishing more light on the procedure, the attitude of the Assistant Secretary and the question of whether or not he gives more credence to unsupported statements and requests of attorneys and other parties interested in behalf of the alien than he does to the evidence adduced at the hearings, the case of Matt Filip- ovich, bureau file No. 54859/589, is cited. This is a case in which the Acting Secretary ordered the ahen deported. The warrant for his deportation was issued, the State Department and the Depart- ment of Justice advised that his deportation was to take place, and the field officer in charge at Detroit notified to bring in the ahen and cancel his bond and to join him to a deportation "pick-up" party that would go through Detroit, said party leaving Chicago via Detroit April 11, 1920. All of this was with the knowledge and approval of the Assistant Secretary. However, for some reason the alien was not dehvered to the "pick-up" party, nor was the officer in charge of said party advised as to why. The files, however, show that imder date of April 12 a telegram was sent to the Assistant Secretary by an attorney, who had not, in so far as the file and records show, ever appeared or been authorized to appear in the case, said telegram requesting a stay of deportation and a rehearing of the case. No grounds whatsoever as to why the case should be reheard are shown, nor is there any showing as to the additional evidence he expected to offer or the materiality of same. However, COMMUNIST AND ANAKCHIST DEPOETATION CASES. 69 'the telegram bears the Assistant Secretary's notation at the bottom, under the date of April 13, saying "Open for rehearing." Sotoe one in Detroit must have been advised of the intended instructions to rehear the case and to stay deportation before the "pick-up" party went through there, but there is nothing in the files to indicate who or how.^ The papers pertaining to this case, sufiicient to get an entire understanding of sajne, read as follows : February 24, 1920. Memorandum for the Acting Secretary. In re Matt Filipovich, aged 37; Servian race; native of Novy, Bosnia (formerly Austria-Hungary); entered the United States at New York, N. Y., on March 28 1913. . Department warrant of arrest issued for this alien on January 9, 1920, based on a signed statement made before a special agent of the Department of Justice on Jan- uary 4, to whom the alien admitted that he is a member of the Communist Party. The alien was accorded a hearing on January 20 at Detroit, waiving his right to be represented by counsel. The testimony shows that the alien is single, literate, and has never taken any steps to become a citizen. The alien was shown the original statement made before the special agent of the Department of Justice and admitted the truth of the statements contained therein. During the course of the hearing the alien again admitted that he is a member of the Communist Party, having previously belonged to that sectito of the Socialist Party when that organization became a member of the Communist Party in September, 1919. The alien registered for the draft, but never received further notification from the board. There is also incor- porated into the record documentary evidence showing the character of the Com- munist Party. The alien is now held in detention. He does not oppose deportation. The evidence conclusively shows, by the alien's own admissions, that he is a member of the Communist Party. The examining inspector recommends the alien's deportation, which recommenda- tion is concurred in by the inspector in charge at Detroit. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of Oct. 16, 1918), and is subject to deportation therefor, this on the ground, and it is so found, that he is a member of or affiliated with an organization that advocates, teaches, or entertains a belief in the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law. , It is therefore recommended that the department issue its warrant for his deporta- tion on these grounds, such deportation to be to Jugo-Slavia at Government expense. It is further recommended that the alien be transferred to Ellis Island, there to be detained until such time as his deportation can be accomplished. A. Caminetti, Commissioner General. Approved. John W. Abercrombie, Acting Secretary. February 27, 1920. The Secretary op State, Washington, D. C. Sir: I have the honor to inform you that this department has this day issued its warrant directing the deportation to Jugo-Slavia, via New York, N. Y., of the alien Jlatt Filipovich, under the act approved October 16, 1918. Respectfully, Acting Sbcretaky, Attention J. M. Nye, Chief Special Agent, room 104, Department of State. 70 COMMUNIST AND AiTARCHIST DEPORTATION CASES. [Telegram.] MoNTBEAi, Quebec, April 7, 1920. Immigration Bureau, Washington, D. C: Referring bureau file 54859/589, case Matt Filipovich, alien to be joined deportation party leavmg Chicago 11th. Please telegraph Detroit direct authority to withdraw Liberty bond deposited by Filipovich. Clark. April 10, 1920. Immigration Service, Detroit, Mich. As it is understood Matt Filipovich is to leave Detroit to-morrow to join Russell party, you are authorized to wimdraw Liberty bonds deposited his behalf for return to depositor. „ Post. Attest. Assistant Secretart. (Exact copy as signed by Louis F. Post mailed April 13, 1920.) [Telegram.] Detroit, Mich., April 12, 1920— 5.5S p. m. W. B. Wilson, Secretary, Washington. Have just been retained by Matt Filipovich in his deportation case, department file 54859-589, Detroit file 353. I understand that warrant of deportation has already been issued. Deportee had no counsel, and from my investigation, I am convinced that deportation would be an error. ' , Will you grant a rehearing on this application? If not, will you give an extension of time, and authorize or instruct Dr. Frentis to give me a copy of the testimony, in order that I may make a more definite application within a reasonable time? Joseph B. Bechenstein, 400 Majestic Building, Detroit, Mich. April 13— 9.15 a.m. April 14, 1920. Open for rehearing. Wire. • Louis F. Post, Assistant Secretary. CASE OF CHRISTANT ROMANUK. Also the case of Christant Romanuk, bureau file No. 54859/661, a case in which the evidence adduced at the hearing, as shown in the bureau summary and recommendation, estabhshed the ahen's mem- bership in the Communist Party. His deportation was recommended by the conmiissioner general and approved by the Acting Secretary, who was the deciding officer at the time, but who evidently left be- fore the warrant of deportation could be prepared for his signatiu-e. Said warrant, when prepared, accordingly went to the Assistant Sec- retary for signature, who returned it unsigned, together with a mem- orandum to the effect that he could not sign same and instructing that the matter be suspended until the return of the Acting Secre- tary; also fiu-ther instructing that in the meanwhile the alien in question be released on parole. The memoranda herein referred to read as follows: COMMUNIST AND ANAECHIST DEEOBTATION CASES. 71 Department of I^abob, Office of the Assistant Secretary, Washington, March 15, 19^0. For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Christanf Romanuk (alleged Communist), No. 54859/661. In approving deportation for membership in the Communist Party- the Acting Secretary must have been misled by the bureau memorandum of March 2, 1920- Upon examination of the evidence I can not sign the warrants. Suspend proceed- ings until return of Mr. Abercrombie. Release the alien meanwhile on, parole. Louis F. Post, Assistant Secretary. Received March 17, 1920. Bureau of Immigration. Law. March 2, 1920. Memorandum for the Acting Secretary. In re Christant Romanuk, age 33, married, wife and child in Russia, siibject of Russia; entered the United States at Detroit, Mich., May 12, 1916, via C. P. R. Departmental warrant issued January 8, 1920, based upon affidavit submitted by special agent of the Department of .Justice, alleging alien to be a member of the Com- munist Party of America. The alien waived right to counsel and was accorded a hearing at Detroit, Mich., January 21, 1920, during course of which hearing alien admitted membership in the Communist Party of America (pp. 3. and 4 of the record), incidentally expressing belief in the doctrines of Lenin and Trotski, and communistic government in general. The investigating officer recommends deportation, which is concurred in by the inmjector in charge at Detroit. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of October 16, 1918) and is subject to deportation therefor, this on the ground, and it ia so found, that he is a member of or affiliated with an organization that advocates, teaches, or entertains a belief in the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that advoc_ates the overthrow by force or violence of all forms of law. It is, therefore, recommended that the department issue its warrant for his deporta- tion on these grounds, such deportation to be to Russia at Government expense. » A. Caminetti, Commissioner General. Approved : John W. Abercrombie. Acting Secretary. CASE OF MICHAEL BABIAEZ. Another case in point is that of Michael Babiarz, bureau file No. 54859/955, in which the Assistant Secretary orders the alien deported and so advises the State Department, but, on the receipt of a wire and a letter from an interested attorney, the Assistant Secretary reexamines the record and, without the introduction of any addi- tional evidence whatsoever, reverses himself and proceeds to cancel the warrant and release the ahen. The memoranda, letters, telegrams, etc., contained in the bureau file which show this procedvu'e read as follows: March 12, 1920. Memorandum for the Assistant Secretary. In re Michael Babiarz, age 33; male; literate; subject of Austria (Poland); entered the United States at the port of New York ex-steamship Kronn Princessin Cecdlia, October, 1912. Department warrant issued January 9, 1920, based upon an affidavit submitted by special agent of the Department of Justice, alleging that the alien was a member of the Communist Party of America, Polish Branch, Depew, N. Y. The alien waived right ot counsel and was accorded a hearing at Buffalo, N. Y., January 13, 1920, at which time he admitted membership in the Communist Partj; of America, as shown by his testimony (pp. 3 and 4 of the record), said admission being 72 COMMUNIST AND ANAKCHIST DEPORTATION CASES. corroborated by original application for membership in the Communiat Party of America. (Exhibit D of the record.) The investigating officer recommends deportation, which is concurred in by the inspector in charge at Buffalo. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of Oct. 16, 1918) and is subject to deportation therefor, this on the ground, and it is so found, that he is a member of or affiliated with an organization that advocates, teaches, or entertains a belief in the overthrow by force or violence of the Government of the United States; and that "he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law. It is therefore recommended that the department issue its warrant for his deporta- tion on these grounds, such deportation to be to Poland at Government expense. It is furtehr recommended that the alien be transferred to Ellis Island, there to be detained until such time as his deportation can be accomplished. A. Caminetti, Commissioner General. Deport. Louis F. Post, Assistant Secretary. WARRANT — DEPORTATION OP ALIEN. No. 54859/955 Inclosure No. 8724. United States of America, Department of Labor, Washington. To the Acting Commissioner op Immigration, Ellis Island, New Yorh Harbor: Whereas, from proofs submitted to me, after due hearing before Immigrant Inspector David- Lehrhaupt, held at the Erie County Jail, Buffalo, N. Y . , I have become satisfied that the alien Michael Babiarz, who landed at the port of New York, N. Y., ex steam- ship Kronprinzessin Cecile, on or about the 15th day of October, 1912, has been found in the United States in violation of the act approved October 16, 1918, to wit: That he is a member of or affiliated with an organization that entertains a belief in the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States, and may be deported in accordance therewith. I, Louis F. Post, Assistant Secretary of Labor, by virtue of the power and authority Vested in me by the' laws of the United States, do hereby command you to return the said alien to Poland, the country whence he came, at the expense of the appro- priation, "Enforcement of laws against alien anarchists, 1920. " You are directed to purchase transportation for the alien from New York, N. Y., to such point in Poland as you may designate, at the lowest available rate, payable from the above-named appropriation. For so doing, this shall be your sufficient warrant. Witness my hand and seal this 27th day of March, 1920. (Exact copy as signed by Louis F. Post; mailed March 27, 1920, by Assistant Secre- tary of Labor.) March 27, 1920. The Secretary op State, Washington, D. C. Sir; The department has the honor to advise that it has to-day ordered the deporta- tion of one Michael Babiarz to Poland from Buffalo, N. Y., via the port of New York, the proceedings against him having been instituted under the act approved October 16, 1918. . ^ Respectfully, Louis F. Post, Assistant Secretary. (Exact copy as signed by Louis F. Post, mailed March 27.) Attention Mr. J. M. Nye, chief special agent, room 104, Department of State. COMMUNIST AND ANARCHIST DEPORTATION CASES. 73 [Telegram.] „ ^ Buffalo, N. Y,, April 10, 19W—AA9 a. m. Hon. Loms P. Post, Assistant Secretary of Labor; Washington, t). C: Refer to 54809 general, and ask that alien Frank Kaskak, Frank Drost, Vicenty Doboaki, Peter Romanchuck, and Michael Babiarz, directed returned to Poland, and they can not remain in United States, be deported to Soviet Russia. Should be recalled that Buffalo delegates to Chicago convention of party voted a^inst majority program, including manifesto and program, and that local organization at Buffalo did not adopt manifesto. KusTACE Reynolds, Attorney. [Telegram.] Buffalo, N. Y., Aprils, 1920. Hon. Loeis F. Post, Assistant Secretary of Labor, Washington, D. C. Refer to warrant 54859/955, issued in the case of Alien Michael Babiarz, who hasi child of 6, born in Ignited States, and wife expecting baby in two months; and request you to cancel the warrant of deportation. Reopen the case for a further hearing and admit the aUen to bail under $500 bond, pending its disposal. Wire answer, collect. Eustace Reynolds. April 9, 1920. On reexamination of record I find that the application card of alien is not the appli- cation required by proscribed Communist Party. Cancel warrant of arrest and deportation warrant. Louis F. Post, Assistant Secretary. CASE OF DAVID BAYLY. Another case along the same lines is that of David Bayly, bureau file No. 5470.9/823. In this case the Assistant Secretary ordered the deportation of the alien "solely on the ground" that he was a mem- ber of the Communist Party. He received a letter from a member of the Detroit Federation of Labor in behalf of the alien and ordered the case reopened, though no showing to warrant such a proceedure had been made. The papers pertinent to this matter, as appearing in the bureau file, read as follows: April 2, 1920. Memorandum for the Assistant Secretary. In re David Bayly, alias David M. Bayly; native of Russia, of the Hebrew race; aged 27; married; wife in United States; entered the United States at New York, Decem- ber 22, 1905; is now at liberty on bond. Warrant of arrest is dated December 29, 1919, based on an affidavit of an agent of the Department of Justice, dated December 11. An analysis of the evidence shows that alien claims to have declared his intention to become a citizen of this country in March, 1914, that his father had lived in this country, returning to Russia in the last- mentioned year; that alien's mother and brother are in Detroit, and that he furnishes part of the support of his mother. Alien is a man of splendid education and attain- ments, having graduated from the University of Michigan in 1915 as a mechanical engineer, and having practiced his profession in Detroit and vicinity since then. He testified that while attending the university he became interested in economic and social reforms, and joined the Socialist Party in his junior year; and that after gradua- tion he transferred his membership to the Socialist Party m Detroit; that the branch he joined affiliated with the Communist Party in a body last fall; and that he retained his membership at the time of affiliation; that he attended meetings; that he had read the manifesto and program of the Communist Party, but claims his understanding of the principles and doctrines differs widely from the interpretation recently given them by this department. 74 COMMUNIST AND ANABCHIST DEPORTATION CASES. Membership card in the Communist Party is an exliibit, showing dues paid through the month of December, and that a special agent of the Department of Justice in ms testimony showed the counsel from records of the Communist Party that alien was a delegate from his English branch to the city central committee in Detroit on Septem- ber 16 laat; and in this connection attention is invited to the alien's own three-page brief, addressed to the Secretary, which is Exhibit C, in which he states at the bottom of page 1 that on a certain issue the entire Socialist Party of America seceded from the national office of said party and joined with a number of other organizations in a convention, out of which issued the Communist Party; and at top of page 2 alien gives his understanding of what the new party should strive for. Unsupported allegations of the alien made at the hearing herein, after his arrest, concerning membership, or nonmembership in, or affiliation, or nonaffillation with the Communist Party, or his claim of lack of knowledge of or belief in its principles, or his alleged withdrawal f,rom said party, constitute self-serving declarations which, unless supported and proven by competent evidence based on his acts, declarations and circumstances occurring anterior to such warrant, can not be accepted as sufficient cause in law to warrant his release in the pending proceeding. Such allegations to the extent that they have been made by the alien herein have not been established by competent evidence. The examining inspector recommends deportation, as does the inspector in charge at Detroit. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of Oct. 16, 1918) and is subject to deportation therefor, this on the ground, and it is so found, that he is a member of or afliliated with an organization that advocates, teaches or entertains a belief in the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law. It is therefore recommended that the department issue its warrant for his deporta^ tion on these grounds, such deportation to be to Russia at Government expense. A. Caminetti, Commissioner General. Deport. (Solely for membership in Com. Party.) Louis F. Post, Assistant Secretary. April 6, 1920. Mr. Louis F. Post, Assistant Secretary of Labor, Washington. Dear Sir: We desire to ask for a reopening of the case of David Bavly in order to present new testimony to show that Mr. Bavly was not in any way a member of the Communist Party. The branch to which he belonged was not a branch of the Communist Party. Deportation in his case on the grounds of membership in that party is unwarranted. Respectfully, yours, Frank X. Mahtel, Business Representative, Detroit Federation of Labor. Reopen. Louis F. Post, Assistant Secretary. April 7, 1920. Prepare reply to Mr. Martel's letter. L. F. P. April 7, 1920. CASE OF POLIKIEWICZ. Another Case in question is one entitled "In re Polikiewicz," bureau file No. 54809/225, and refers to an alien ordered deported, but upon a memorandum of the Assistant Secretary ordered reopened and the alien released on his own recognizance. Just what signifi- cance the letter in which the Assistant Secretary in his memoran- dum instructs be answered has on the question of reopening the file does not show. However, there is nothing therein to indicate that any showing justifying a reopening was ever made. The word "relevant" appearing in the memorandmn is a code word for releas- ing the alien on his own recognizance. COMMUNIST AND ANABCHIST DEPORTATION CASES. 75 The memorandum referred to reads as follows : ■ In re Polikie'wicz. ' Upon reading the hereunder record it is ordered tlmt the case be opened for further hearing. Meanwhile "relevant" if no bond has been given. Prepare reply to Congressman Sherwood's letter of March 30, 1920, hereunder. Louis P. Post, Assistant Secretary. Case approved by Acting Secretary. CERTAIN CORRESPONDENCE RELATING TO PLACES OF DEPORTATION OF THOSE RECENTLY ORDERED DEPORTED. The letters and instructions referred to read as follows : PiTTSBUHGH, Pa., March gS, 1920. Hon. Louis F. Post, Asdstant Secretary of Labor, Department of Labor, Washington, D. C. Honorable Sir: As attorney of record for the list of aliens hereto appended aud for the aliens now confined in Detroit, Mich., who are charged with being members of the Union of Russian Workers, and the aUens confined at Youngstown, Ohio, who are charged with being members of the Union of Russian Workers and the Communist Party of America, I desire to make the following representation: All these men at their hearings claimed that they were citizens of Russia. They came to the United States prior to 1914, at which time all of the Baltic Provinces, Poland, and Finland were parts of Russia. These men never became citizens of the United States, and they are therefore citizens and subjects fo Russia. Some of these men came from the Provinces now claimed by Poland and Lithuania, ^together with the Provinces of Grodno, Kovno, and Minsk. . When at Ellis Island on Saturday I was informed that it was the intention of the department to ship aliens who are charged with being anarchists and who came from the above-mentioned Provinces, or other Provinces now belonging to the independent State of Poland, to Danzig, which port was given to Poland by the peace treaty. All of these men, who are classed as Poles, are very much opposed to being sent to Danzig, as they are unable, in the first place, to speak the Polish language, but speak Russian; and they are further opposed to being sent to Danzig or Poland because of the attitude of the Polish Government to any person charged with radical tendencies or ideas. The case of these men is similar to the case of the Russians sent to the Buford. There was considerable discussion prior to their deportation that they would be sent to either Kolchak or Danikin, and that would have meant the death of these men had they been sent to the above-mentioned. I am reliably informed that if these men are sent to Danzig or any place outside of Soviet Russia that they would be either executed or put in prison for an indefinite time or forced to join the White Army, opposed to Bolshewks. It is no doubt the policy of your department to do nothing that would jeopardize the lives of any of these men or cause their imprisonment or endanger them in any way. It would furthermore cause unpleasant complications with the Russian Govern- ment of which Government they are subjects and citizens. You will therefore give this matter the consideration that it merits. I repeat that under no circumstances should- these men be sent to Danzig, but some other route can undoubtedly be found that would enable them to reach Soviet Russia. I suggested to Mr. Caminetti that these men be shipped to Constanza, a port in Roumania, and from there to transship to Odessa, which I am reliably informed is in the hands of the Soviet Government. Thanking you for your kindness and consideration of this matter while in Wash- ington, and for your present consideration, I beg to remain. Very truly, yours, Jacob Mahgolis, Attorney at Law. 76 COMMUNIST AND ANARCHIST DEPORTATION CASES. March 25, 1920. My Bi5Au Mr. Marqolis: In acknowledging your letter of the 23d of March, you are informed that inatructions have lieen given not to deport Russians to Poland until further directions. Sincerely, Louis F. Fost, Assistant Secretary./ .Tacob Marroj.is, Esq., Pittahun h. Pa. Aphii, 5, 1920. For: Commissioner General of Imndgration. From: Assistant Secretary. Subject: Deportation of Russians to Poland. Protests and petitions are coming to the department against the deportation of Russians to Poland . You will find some of the petitions in file No. 54809/836. Similar petitions appear in other files. Protests have been made by American citizens. The circumstances in Europe at the present time are such as to justify the protests and petitions. You are therefore hereby instructed to permit no deportations of Russians to Poland against their will, and you are further instructed to ascertain from all aliens directed to be deported to Poland whether or not they are Russians, whether or not their de- portation to Poland would subject them to punishment for political reasons, whether or not they object to deportation to Poland, and in case of objection the reason for the objection. Further or modified instructions will be given if necessary upon the reconamendation or request of the Commissioner General. LouLS F. Post, Ass^Mant Secretary. TELEGRAMS WITH REFERENCE TO CERTAIN DETROIT CASES. Of interest, also, are various telegrams to and from the Assistant Secretary with reference to aliens arrested at Detroit, who, by the way, are detained in the old Army barracks at Fort Wayne and not in a jail. In connection with these telegrams is a memorandum of the commissioner general to the Assistant Secretary which indicates that the Assistant Secretary had ignored the bureau in. this trans- action. The telegrams and memorandum read as follows : Detroit, Mich., April 17, 1S20. Louis F. Post, Assistant Secretary, Washington. F. M. Butzel, of house of correction board, Gustavus D. Pope, chairman Michigan Red Cross, and myself will serve as parole committee for aliens detained under orders your department. Am informed men will accept such parole. Allan Campbell. (Penciled note:) Congressman Nichols says the first two are very prominent men in Detroit well known and unassailable from any standpoint. April 17. 1920. ' Allan Campbell, Detroit, Mich. Proposal in your telegram on behalf of yourself, F. M. Butzel, and Gustavus D. Pope to act as parole committee for aliens unable to give bail is acceptable. Confer with Inspector Prentis who will give your committee access to the aliens and to the records and documents on which their cases rest. Wire your requests directly to this office in each case. Louis F. Post, Assistant Secretary. \ oojvrannstisar^siirD aimakchxst deportation cases. 77 April 17, 1920. INSPBCTOR IN OhARGB, ^ -- Detroit, Mich. F. M. Butzel, GuBtavus D. Pope, and Allan Carppbell, all of Detroit, offer to act as parole committee for aliens in detention, unable to give bail and consequently suffer- ing hardship. Grant this committee access to the aliens and to the records and docu- ments on which their cases rest. Louis F. Post, Assistant Secretary. April 19, 1920. Memorandum for the Assistant Secretary. The telegram hereunder has reached the bureau. Apparently it belongs with the Assistant Secretary's Office file and only came here on account of having been attached to a Bureau of Immigration confirmation blaakV However, the bureau is ready to receive such instructions as you may have to give concerning the same. Commissioner General. EIGHTS OF ALIENS. A curious circumstance with regard to members of the anarchist and certain other deportable classes is that while they claim to be opposed to the existing Government of the United States, ' they invariably demand the right to be protected, in every manner and to every degree, by the existing Government. They even go further and demand, for their aUen members, all of the rights bestowed upon American citizens by the Constitution of the United States. In coimection with this line of thought, a memorandum of the Assistant Secretary, dated March 17, 1920, is of interest. The memorandum reads as follows: • Department of Labor, Office of the Assistant Secretary, Washington, March 17, 1920. For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Examination of aliens in imrnigration hearings with respect to naturaliza- tion. In many hearings held under warrants of arrest issued by the Secretary of Labor I notice that the arrested aUens are asked by examining inspectors if they have made application for citizenship. Upon giving, negative answers they are interrogated in a way that implies governmental blame of the aliens as for neglect of duty on their part. In other words, officials in this department of the Government appear upon the record to have censured aliens for not having applied for citizenship. This is contrary to the spirit of the policy regarding naturalization which the Secre- tary of Labor has officially declared. In connection with the administration of the " Bureau of Naturalization, the Secretary has forbidden activities therein for urging aliens to declare intention to become citizens. He has limited its activities of that kind to aliens who have declared their intentions without pressiu'e from this depart- ment. The distinction he makes is this: Whereas private citizens may freely urge aliens to become citizens, a department of the Government can not do so until the aliens have volimtarily declared their intention, inasmuch as such a course might be regarded as offensive to the home country of the aliens. It might imply that we do not accord domiciliary rights to citizens of other countries. When, however, an alien has declared his intention, the Secretary holds this department free to promote his purpose by encouraging him to qualify and assisting him in qualifying for admis- siojQ. In the one case the Government promotes the voluntarily declared purpose of the alien; in the other it would in effect be coercing him to do what he may not wish to do (abjure his existing allegiance) and what this Government has no right under international comity to urge him to do. It is, of course, proper in immigration proceedings to ask arrested aliens whether or not they are citizens. The department, having no jurisdiction to deport citizens, 175808—20 6 78 COMMUNIST AND ANARCHIST DEPOETATION CASES. has the right to investigate the fact of citizenship. But the reason of an alien for not having become a citizen is immaterial jii most, it not in all, warrant oases. ^ Should it appear in any case to be material, the examining inspector must ascertain the fact, but in'so doing, he should avoid any implication that the Government regards it as a duty of aliens to become citizens. instruct commissioners of immigration and inspectors in charge accordingly. Louis F. Post, Assistant Serretan/. PROVISION OF SECTION 20 CONCERNING AMOUNT OF BOND. Section 20 of the act approved February 5, 1917, provides that aliens in custody under said act "may be released under a bond in the penalty of not less than $500." That same provision with reference to bond applies to the act of October 16, 1918. In neither act is there any provision for the release of an alien on a bond in a less sum than that mentioned. No provision whatsoever authorizes the release of aliens on their personal recognizance or to the custody of another. This portion of the law has, however, been continually violated. Aliens have been released on bonds of much less than the sum of $500 fixed by Congress as a minimum. They have been released time and time again on their personal recognizance or to the custody of another. The policy seems to have been to release an arrested alien from custody as soon as possible, regardless of whether or not he would appear again, regardless of the fact that he was an anarchist working for the overthrow of the Government of the United States, and regardless of whether ur not he was diseased, feeble-minded, or in- sane. The policy seems to be to give the alien the benefit of every technicality, the Government the benefit of nothing. These releases have been ordered over the recommendations and protests of the field officers, coming in personal contact with the ahens and, tjhere- fore, in a far better position to judge the nature of the cases in question than those who ordered the releases. Releases have been ordered ia direct violation of law. Releases have been ordered where the officer so ordering knew absolutely nothing regarding the alien so released. He knew absolutely nothing concerning the evidence in existence against the alien, but he did know that the charge on which the alien was arrested was of a serious nature, and he should have known that the law prohibited the release on anything short of a bond in a sum of not less than $500. A letter from the Commissioner of Immigration at New York, dated Jtdy 15, 1919, undoubtedly expresses the opinions generally held by all field officers handhng this class of cases. The letter reads as f oUows : Department op Labor, Office of Commissioner op Immigration, Mllis Island, New York Harbw, N. Y., July 15, 1919. Commissioner General of Immigration, Washington, D. C. I have observed that warrants of arrest issued as to aliens of the anarchistic class provide for their release upon the filing of a bond, usually in the sum of $1,000, pend- ing hearing or final decision. The act of October 16, 1918, relates to those who are anarchists, who believe in or advocate the overthrow by force or violence of govern- ment, who disbelieve in or are opposed to all orgnaized government, who advocate or teach the assassination of public officials, who advocate or teach the unlawful destruc- tion of property, or who are members of or affiliated with an organization that enter- tains a belief in, teaches or advocates the overthrow by force or violence of the Gov- ernment of the United States or of all forms of law, or that entertains or teaches dis- COMMUNIST AND ANAKCHIST DEPOBTATION CASES. 79 belief in or opposition to all forms of organized government, etc. If sufficient evidence" has been obtained to justify the issuance of a warrant for the arrest of an alien upon any of the grounds set forth in the law; it seems to me to be most inconsistent to release that alien, after his apprehension, upon a bond, irrespective of the amoimt thereof. I feel that it should be determined as quickly as possible whether the charge made against the alien is in accord with the facts, and, if it is, that he should not be' released from custody under any condition. If the charge is not sustained then he should be released outright. The present practice enables the principals and their attorneys or friends to postpone hearings from time to time, for reasons which may or may not be adequate if the actual facts could be ascertained, delays the rendering of a decision by the department, and enables the man concerned to go along continuing the teaching of his heresy. As a matter of fact he is quite likely to be more active, and secure a larger following, by reason of the fact that he has been taken into custody by the Government, than if he had not been distiu-bed'in the first instance. -' From a cursory examination of our records, I find that at the present time there are 18 of the anarchistic class who have been apprehended in this districtj or brought here for deportation^ and subsequently released on bonds. As to some of these I have been advised definitely that they are at the present time actively spreading their propaganda. They seem to be able to seciure a bond in almost any amount, and unless the department feels that it must authorize release pending final decision upon some sort of a guarantee, I strongly recommend that none .who are taken into custody under the terms of the act of October 16, 1918, be released until they establish their inno- cence. If, upon the other hand, you feel that you are compelled to authorize the acceptance of some sort of a bond, then in no instance specify a sum less than $25,000, or even greater. You wiU understand that my contention is that the amount named should be so great that it will be practically impossible for any one of this class to secure a bond. I well realize the practical difficulties and the financial expense involved in holding any considerable number of these people in detention for an indefinite period, but it is my understanding that the law referred to was enacted for the purpose of preventing the spread of the nefarious doctrines taught by these people and to protect the public from the outrages they commit from time to time. Certainly the result desired is of much greater importance than mere saving of money involved in their detention, and I feel that if this phase of the matter is presented to Congress that body can not fail to appropriate sufficient fimds to meet the situation. Btrun H. Usl, Assistant Commissioner. BOND FOE PBOSTITXJTE, $1,000; BOND FOE TWO ANAECHISTS, NOTHING. While the Assistant Secretary seems to have a leaning toward all aliens, this leaning appears to be particularly strong toward those arrested as anarchists, A comparison of his action in five cases pass- ing through his hands illustrates this clearly. In order that his action in these cases may be fully understood, attention is again called to the procedure in arrest cases set forth early in this report. It will be recalled that when a warrant of arrest is applied for by telegraph the ofl&cer at the department issuing same has no knowledge of the evidence on which the application for the warrant is based. He only knows what the charge against the alien is and that the filed officer believes there is sufiicient evidence to justify the issuance of a warrant of arrest. The officer in the department can, of course, form some idea of the seriousness of the case by the nature of the charge, but as to the evidence at hand he must wait the arrival by mail of the formal application for the warrant. Bearing these facts in mind, attention is called to bureau file No. 54821/78, which shows that on April 1, 1920, a telegraphic application for a warrant of arrest was naade. The charge against the alien was that she was a prostitute. A telegraphic warrant was issued by the Assistant Sec- retary. The bond in this case was fixed in the sum of $1,000. 80 COMMUNIST AND ANARCHIST DEPORTATION CASES. Bureau file 54821/74 shows identically the same state of facts, including the date. Bureau file 54861/346, No. 54861/345, and No. 54861/347 show that a telegraphic application for warrant of arrest was made in the same manner as in the two prostitute cases. In these three last-mientioned cases, however, the charge was that the aliens were anarchists. The telegraphic warrants were issued March 18, 1920, by the Assistant Secretary, and these telegraphic warrants carried the instructions to elease tne aliens upon their personal recognizance. ALIENS DEPORTED ON BUTORD NOT PHOTOGRAPHED. Another interesting matter in connection with the deportation procedure is that although the law provides a penalty for the return to the United States after deportation of aliens deported under cer- tain provisions of the act, including anarchists, instructions have been issued not to photograph aliens so deported, and there is no provi- sion for obtaining a personal description of these deportees. Just how it is intended to identify these deported aliens should they agaui return to the United States is not known, but- it is certain that with- out photographs and personal descriptions it is impossible to do so in more than a very few cases. ^ The Assistant Secretary's letter to the Secretary of State dated March 26, 1920, is along these lines and reads as follows: March 26, 1920. The Sbceetary of State. Sir: Replying to your letter of the 22d instant (U-H 311.6124/29), I have the honor to advise you that, under date of the 12th instant, the department forwarded to you two lists containing the names of the aliens who were deported from the port of New York, N. Y., on December 21 last, on the IJ. S. transport Buford. Referring to your request that you be provided with a descriptive personal record of each individual deported on the Buford, 1 beg to advise you that the department does not have descriptive data covering these aliens. It was the intention to photograph all of them before their departure from New York, but conditions which developed at the last moment prevented this being done. Respectfully, Assistant Secretary. Exact copy as signed by Louis F. Post; mailed March 29, 1920. CASE OF FRANK A. NOVOSAD. The case of Frank A. Novosad, bureau file 54861/248, is of vital importance in showing attitude of the Assistant Secretary toward the Government of the United States. In this case the alien openly advocated the overthrow of this Government by force of arms. He was ordered deported by the Assistant Secretary, who, in rendering his decision, took occasion to say that the only thing against the alien was that he was in favor of "righting some of the wrongs of this Government." Documents pertaining to this case read as follows : [Extracts from file 54861-248, Bureau of Immigration.] Brenham, Tex., February 7, 1920. The man who came into the office of the Messenger Publishing Co. , and entered into conversation with Wm. J. Tucker, editor of the Morning Messenger, gave me his name as Frank Novosad. COMMUNIST AND ANAKCHIST DEPORTATION CASES. 81 Novosad first began his conversation about askinu; of general conditions here, and ■after a few moments, during which I was giving him only cursory attention, he re- marked, " It istime for a change in Government." Taking this as a clue^to a possible espousal of radical doctrines, I then entered into conversation with him, and gradually, to all apparent purposes, won his confidence. He said, "We must change the gov- ernment of this country if we have to do it at the point of the baj'onet." I called my brother, Henry Tacker, into the conversation, introducing him, and saying that he was interestfed in these doctrines. Novosad then said that the United States Government "is unjust; that the people are downtrodden, and that all the officials are becoming rich, ' ' pointing to the example of Woodrow Wilson. , In answer to the query of the plan to be used in correcting these things, Novasad declared, "by force. We must get leaders in every community, and they must act at the proper time. We must get arms and ammunition. Cannon are needed. We have sufficient- force to take New York City in three days. We have a great force in Chicago," he added. We asked Novosad where the money was to be had for such a campaign. And he replied that "I can get all I want from the headquarters in New York." "Do you mean the soviet headquarters?" we asked. "Yes," he replied. "I have traveled from Canada to Texas and talked to many people and I know how they feel about such a move." Pointing to a sword which I captured from a German soldier at Chateau Thierry, I suggested to Novosad that I was prepared. "That is the way," he said. "Force will overturn the nation and give the real people a chance. We need such leaders. We must also interest Spain, Nippon, and Soviet Russia." All of the foregoing, among many other things of incendiary nature, were said in conversation with the man, Novosad, and came entirely voluntarily from him, he evidently being mistaken in my identity and being deceived by my apparent show of interest and sympathy. The conversation continued until Sheriff Parker, whom I sent for, arrived and placed the man under arrest. Wm. J. Tucker. The above is a true account of the conversation which I overheard and into which I entered. Heney TtrCKBK. I hereby certify that the above is a true copy of the original on file in the office of the Bureau of Investigation, Department of Justice, San Antonio, Tex. E. W. Smith, Immigrant Inspector. The State op Texas, County of Washington, ss: Before me, the undersigned authority, on this day personally appeared Wm. J. Tucker and Henry Tuci^r, both personally known to me, who after being duly sworn say on oath that the attached statement is correct, and was made to them in person, under the circumstances described in the said statement, which was written immedi- ately following the conversation with the man known to them as Frank Novosad, February 7, 1920. Wm. J. Tucker. Henky Tucker. Sworn to and subscribed to before me, this I5th day of March, A. D., 1920. ^ [seal.] Green Morgan, Clerh County Court, Washington County, Tex. Memorandum for the Assistant Secretary: In re Frank A. Novosad, single, aged 34, native of Austria, now Czecho-Slovakio, race, Bohemian. Entered at Galveston, Tex., December 30, 1907. Detained at San Antonio. A department warrant issued in this case on February 19, 1920, it being alleged that he is an alien anarchistj that he believes in the overthrow by force or violence of the Government of the United States, and that he advocates the overthrow by force or violence of the Government of the United States. He was accorded a hearing under this warrant at San Antonio, Tex., February 20, 1920, waiving the right to be represented by counsel. The principal evidence in this 82 COMMUNIST AND ANAECHIST DEPOKTATION CASES. case, and also tlie evidence upon which warrant of arrest was based, is an affidavit executed by Wm. J. and Henry Tucker at Brenham, Tex., February 7, 1920. In this affidavit it is stated that Noyosad came into the office of the Messenger Publishing Co., on that date, and entered into a conversation with the affiants named, and that in this conversation he advocated the overthrow of the Government of the IJnited States by force and violence, saying, among other things, that, "We must change the Gov- ernment of this country, if we have to do it at the point of the bayonet. " The plan to be used in effecting this change to be "by force; " "We must get leaders in every community, and they must act at the proper time. We must get arms and ammuni- tion; cannon are needed. We have sufficient force to take New York City in three days; we have a great force in Chicago. " Also said that he could get all the money he wanted for the work from the soviet headquarters. New York; that he had traveled from Canada to Texas, talked to many people and knows how they feel about such a move, and, his«attention being directed to a sword, the alien stated "that ia the way; force will overturn the Nation, and give the real people a chance. As originally _ made a part of the record, this affidavit was not sworn to, and the record was therefore returned for further hearing. The affidavit was thereupon ^returned to the affiant, who executed same in a proper form before the clerk of the county court, Washington County, Tex., on March 15, 1920. The case was thereupon reopened at San Antonio, Tex., April 5, 1920, and the alien's attention was again "Called to this exhibit as sworn to and attested, in response to which he replied that he liad no further statement to make. The alien denies making the statement attributed to him, although he admits having had a conversation with the affiant at Brenham on February 7, and that their affidavit was partly correct, referring especially in this connection to the statement concerning the sword, but stated that he thought it was a joke. He also admits making other remarks to affiant at the time referred to, along the lines of those quoted in the affidavit, but subsequently qualifies these statements in a manner to remove their incendiary nature. He still maintains, however, that to right some of the wrongs in our Govern- ment he believes that he woidd be all right to use force. The examining inspector recommends that the alien is a proper subject for depor- tation, and this recommendation is concurred in by the supervising inspector at El Paso. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of Oct. 16, 1918) and is subject to deportation therefor; this on the ground, and it is so found, that he believes in the overthrow by force "or violence of the Government of the United States, and that he advocates the overthrow by force or violence of the Government of the United States. It is therefore recommended that the department issue its warrant for his deporta- tion on these grounds, such deportation to be to Czechoslovakia, at Government expense. A. Caminbtti, Commissioner General. Deport. Assistant Secretary. (Following is written in ink:) This alien evidently believes in using force to right some of the wrongs of our Govermnent. Nothing further is proved against him. Under the letter of the statute the case against him is weak, but he seems to fall within its spirit. It is therefore directed that he be deported after being fully informed of this decision. Louis F. Post, Assistant Secretary. April 20, 1920. ^ CASE OF SAMUEL SKLAEOFF. The case of Samuel Sklaroff, bureau file 54809/898, contains docu- ments of interest which read as follows : Copies op Correspondence and Documents Contained in File No. 54809/898 or THE Bureau oi? Immigration, Department op Labor. [Communist Party Headquarters, 1330 Aroh Street, Philadelphia, Sept. 21, 1919.] Dear Comrades: The headquarters committee which was elected at the last general meeting to secure a headquarters and store for the Communist local has met on Tuesday evening, September 23 at 1330 Arch Street. COMMUNIST AlsTD AKAECHIST DEPOKTATION CASES. 83 Eact member of the comjnittee has made an effort during the week to secure a location and what they reported will be of interest to the entire membership. They all substantially agree that the time is coming, if it is not here already, when it will be impossible for the revolutionary movement to keep a store and headquarters unless we own the place. Our immediate task is to meet the rent which is due on October 1, but we must do more than that: We must raise a fund for the purpose of buying a center for work. A committee will be present at the next meeting of your branch to lay the matter before you. We trust that your branch will resjwnd promptly and nobly to this call for action. The time has arrived for constructive work to take the place of wrangling and dissension. If we are to succeed in our great task of spreading the message of communism among the proletariat of America we must show our fitness to overcome whatever obstacles present themselves in our path. It would be a discouraging sign of our weakness if our organization could not pay the rent for its headquarters or buy those headquarters if necessary. We hope that you will act in this matter at once. Yours for the communist cause, [Illegible line.] Per Samuel Sklakopf. [Socialist Party, Local Philadelphia. The Socialist Book Store and Headquaarters, 1330 Arch Street, M. Kiesennan, treasurer; Samuel Sklaroff, general secretary.] Philadelphia, Fa.., September ^4, 1919. To the Twentieth Ward Branch. Dear Combadbs : This is to certify that Comrade Arthur Pabst has been authorized to appear before you on behalf of the headquarters committee of local Philadelphia, Communist Party. You are hereby requested to give the floor to this comrade and to extend every assistance possible in the matter he will bring to your attention. Yours for the communist cause, Samuel Sklaroef, General Secretary. Note. — There appears in the file an informal office memorandum reading as follows: "Law Div. This case in not only interesting, but requires careful treatment, as I have no doubt it will go to the courts. This alien iis very astute and no doubt could be a power for harm. It is important to hold him for deportation and the record therefore should be carefully scrutinized and tested. C." This memorandum bears no date. Copyist. Saml. Sklaroff 181, Department Justice, Ninth and Market Streets. Gentlemen: I have been informed by the newspapers that some of the communists, arrested in the recent raids conducted by your department, have been released. It can not be emphasized too strongly that no communist is a better man of a greater enemy of capitalism than another. I want to be placed on record as making an earnest appeal that if there are going to be any more deportations, to be one among the first deportees. Every day I stay in jail makes me a better communist. It would be an unjust discrimination, as well as a mistake, to leave me here if one of my loyal com- rades is deported. I hope that you will take my request into consideration and act accordingly. Respectfully, Samuel Sklaroff. Note. — The original of the above communication beai-s rubber stamps showing its receipt in the Phuadelphia, office of the Bureau of Investigation on March 27, 1920, and in the Philadelphia office of the Immigration Service on March 30, 1920. Copyist. February 5, 1920. Memorandum for the Acting Secretary. In re Samuel Sklaroff, aged 27, Russian-Hebrew, entered at New York on October 3, 1916. Warrant issued for alien's arrest on December 29, alleging that he is in the United States in violation of the act of October 16, 1918, for the reasons outlined in the warrant, copy of which is in the record. The subject of these proceedings was originally made the subject of an investigation in February, 1919, by an agent of the Department of Justice, but nothing developed 84 COMMUNIST AND ANARCHIST DEPORTATION CASES. other than circumstances tending to show that the alien was a socialist of a rather radical turn of mind. Alien was accorded a hearing under the warrant at Philadelphia on January 6. The testimony shows he is single, a pressman by occupation, and resides with his parents in Philadelphia. He claims that his father was natinalized three years a^o but he (alien) does not claim citizenship, he having reached his majority prior to his father's naturalization. He registered under the draft and claimed exemption as an alien. He admits being a member of the Communist Party and being in sjrmpathy with its aspirations, but claims he has attended but one meeting and denies having obtained a card of membership. He does admit, however, that his name appears on the membership rolls of the organization and that he, as secretary of the left wing of the Socialist Party, applied to the national committee of the Communist Party for a charter and that it is on the way. He claims that he has not made any money con- tributions to the organization. On further questioning alien admitted that there was a general revolutionary demonstration planned for May 1, last year, and that he made a statement that when the proper time came to overthrow the existing order of affairs he would be with' the leaders, but states his ideas have undergone a change since the statement was made. The alien stated that his case seems to be so clear that it could be disposed of without counsel. He further stated that the socialist branch to which he belonged reorganized under the name of the Communist Party, but that he was not in accord with its principles and immediately withdrew from active work and finally gave up his membership, after having been with the organization for about one month up to October 1. It appears, however, that he admitted (see p. 10) that he last attended a meeting on December 11 and prior to that, on Sunday, November 9, addressed a meeting on the importance of education. In the latter part of October he attended a meeting of the twentieth ward braich of the Communist Party. He ad- mitted that by signing the application for membership in the Communist Party he automatically beqame a member. There is incorporated in the record a communiga- tion dated September 13, 1919, signed by the alien as general secretary in which it appears that the word "socialist" in the heading is crossed out and the word "com- munist" inserted in its place. There is also introduced in the record copy of a letter dated September 24, 1919, addressed to the twentieth ward branch and issued from the Communist Party Headquarters, 1330 Arch Street, Philadelphia, signed "yours for communisni, the headquarters committee, per Samuel Sklaroff, general secretary," together with a bulletin under the same date, which appears to have been issued by the alien. Special Agent Foley, of the Department of Justice, testified that the alien admitted to him, when he was taken into custody, that he was a member of the Socialist Party. A rehearing was had on January 17, at which there was introduced the minutes of the rneeting of the first branch of the Communist Party, containing the record of a meeting which was held on August 29, which the alien states was for the purpose of raising funds to pay the expenses of the delegates to the convention of a party to be organized, which later appears to have become the Communist Party. The alien ad- mits he was instrumental in helping to raise funds for this purpose. The minutes of the organization also show that the alien was present at a meeting on September 26. There is incorporated in the record the mimeograph form containing excerpts which show the character of the organization. The examining inspector r'ecommends deportation, which is concurred in by the commissioner at Philadelphia. The evidence submitted and adduced establishes, and the Bureau finds, that this alien is in the United States in violation of law (act of October 16, 1918) and is subject to deportation therefor, this on the ground, and it is so found,. that he is a member of or affihated with an organization that advocates, teaches, or entertains a belief in the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law. It is, therefore, recommended that the department issue its warrant tor his deporta- tion, on these grounds, such deportation to be to Russia at Government expense'. It is further recommended that alien be transferred to Ellis Island, there to be detained until such time as his deportation can be accomplished. [Here appears the initial "L."] _ , Commissioner General. Cancel. Louis F. Post, Assistant Secretary. Note.— Rubber stamp on back of original of foregoing document bears date ot April 1, 1920. Copyist. COMMUNIST AND ANAKCHIST DEPORTATION CASES. 85 April 1, 1920. J. E. HooVEK, Esq., Special Assistant t» the Attorney General, Department of Justice, Washington, D. C. Sir: This is to advise that the department has canceled the warrant proceedings which were instituted against Samuel Sklaroff in the Philadelphia jurisdiction under the act of October 16, 1918. Respectfully, A. Caminbtti, Commissioner General. CASE OF ALEXANDER LACZYNSKI. That the Assistant Secretary's decisions in cases of ahens arrested as anarchists are inconsistent is clearly indicated in the case of Alex- ander Laczynski, bureau file No. 54859/807. In this case the record of the hearing was reviewed by the bureau's law division. The exam- ing inspector recommended deportation, which was concurred in by the inspector in charge of the district where the hearing was held. "The commissioner general also recommended deportation. The en- tire record including a summary and recommendation of the bureau then went to the Assistant Secretary for decision. Under date of March 13, 1920, the Assistant Secretary, erasing the word "approved" at the bottom of bureau memoranum, ordered the alien deported, and handed down a written decision in which he stated that the alien was found to be a member of the Communist Party. The record, including the original bureau memorandum and the Assistant Sec- retary's written decision, were then returned to the bureau. In some unexplained manner, however, the bureau memorandum con- taining the summary and recommendation, as well as the Assistant Secretary's decision, became detached from the record of the hearing. Evidently, another reviewing officer, finding the record of hearing and assuming it had not been reviewed, accordingly proceeded to review it and to make another summary, which while worded different, sets forth the same state of facts contained in the first summary. The case went to the commissioner general, who, without noticing it was a case already passed on, again recommended deportation. "The record of hearing together with the new summary, which was dated March 24, 1920, again went to the Assistant Secretary for decision. The Assistant Secretary, upon the same evidence, upon the same state of facts appearing in the summary, and upon the same recommenda- tions by all oflB.cers concerned, then proceeded to render an exactly opposite decision from that which he first rendered, by ordering the warrant canceled and the alien released. His order was carried out and the alien released. • Later, however, the first memorandum with his first decision ordering this alien de- ported, came to light, and the commissioner general called the atten- tion of the Assistant Secretary to his two opposite decisions ren- dered in the same case and on the same facts. This was done in a memorandum dated April 9, 1920. The Assistant Secretary's reply will be found at the bottom of the bureau memorandum. In it he holds that the decision canceling the warrant was correct and final and attempts" to justify his action. 86 COMMUNIST AND ANAKCHIST DEPORTATION CASES. The various memoranda read in this case read as follows: March 13, 1920. Memorandum for the Assistant Secretary. In re Alexander Laczynski, age 27, single, citizen of Poland, entered the United States at Hoboken, N. J., November 23, 1907. The correspondence indicates that the alien is detained in the Lucas Coiihty Jail near Toledo, Ohio. The department warrant issued January 9, 1920, based on information furnished by the Department of Justice, alleging that the alien is a member of the Communist Party of America. The alien was represented by coimsel, who submits a brief (attached). Hearing accorded the alien at Toledo, Ohio, Janaury 11, 1920. At this hearing he admitted membership in the Communist Party of America, that he pays dues to the organiza- tion, and attended its meetings (pp. 2 and 3 of the record). He was also formerly a secretary of the Socialist Party for a period of about one year. The examining inspector recommends deportation. This recommendation is con- curred in by the inspector in charge at Toledo. The testimony adduced establishes and the bureau finds that this alien is in the United States in violation of law (act of Oct. 16, 1918), and is subject to deportation therefor, this on the ground, and it is so found, that he is a member of an organization that advocates and teaches a belief in the overthrow by force or violence of the Grov- ernment of the United States and of all forms of law. It is therefore recommended that the department issue its warrant for his deporta- tion on this ground, such deportation to be to Poland, at Government expense. A. Camineftt, Commissioner General. (Word "Approved" has been erased.) Deport (see memo of decision). Lewis F. Post, Assistant Secretary. Memorandum. Department op Labor, Office of the Assistant Secretary, Washington, March 13, 1920. For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Alexander Laczynski (alleged communist), No. 54859/807. The attorney's first record objection referred to in his brief is sustained. His other objections are overruled. Alien is hereby found to be a member of the Communist Party of America, organized in September, 1919, and therefore as coming within the Secretary's ruling in the Preis case. On this ground it is ordered that the alien be deported under the act Congress of October 16, 1918. For the purpose of protecting any rights under the law which the alien may have, his attorney is to be supplied with a copy of this decision. Loms F. Post, Assistant Secretary. March 24, 1920. Memorandum for the Assistant Secretary. In re Alexander Laczynski, Polish, age 27, single, entered at Hoboken, N. J., Novem- ber 23, 1907, steamship unknown. Warrant was issued on January 9, 1920, alleging that the alien is in the United States in violation of the act of October 16, 1918, for the reasons set forth in the warrant, copy of which is in the record. Hearing was accorded at Toledo, Ohio, on January 11, 1920, the alien being repre- sented by counsel. The record shows that he is literate and obtained his first citizen- ship papers over five years ago; that he admitted being a member of the Communist Party of America; that he had been a member for three months and paid his dues to the secretary; that his brother, Waclaw Laczynski, was the secretary. He further testified that his section of the Comtnunist Party had arranged to make a demon- stration on January 11 to commemorate the four men who were hanged in Poland— they were Socialists— that he was in charge of the arrangements for the singing, but his arrest had interrupted all plans. The records shows that the alien was an active hiember of the Communist Party. He is being detained in the Lucas County Jail Toledo, Ohio, in default of bond. ' COMMUNIST AND ANABCHIST DEPORTATION CASES. 87 The examining officer and the inspector in charge at Cleveland, Ohio, -recommend deportation. - , The evidence submitted and adduced establishes, and the bureau finds that this alien is in the United States in violation of law (act of Oct. 16, 1918), and is subject to dM)ortdtion therefor, this on the grounds, and it is so found, that he is a member of or affiliated, with an organization that advocates, teaches, or entertains a belief in the overthrow by force or violence of the Government of the United States, and that he is a metnber of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law. _ It is, therefore, recommended that the department issue its warrant for his deporta- tion on these grounds, such deportation to be to Poland at Government expense. A; Caminetti, (hmmisdoncr General. Cancel (written over word "deport"). Lotris F. Post, Assistant Secretary. Memorandum for the Assistant Secretary. April 9, 1920. In re Alexander Laczynski. With the practical elimination of the congestion in -the section devoted to Com- munist and kindred cases, odds and ends are being rounded up and we have found that in this case memorandum was prepared by the bureau recommending deporta- tion on the 13th of March, whereupon the department approved and. after it came back into the files, for some unaccountable reason the memorandum of approval, with the decision thereon, with another memorandum thereon of the Assistant Sec- retary, became detached from the file. Thereafter and on the 24th of March, another memorandum was prepared by the bureau, again recommending deportation, and upon its being transmitted to the department it was returned with an order of can- cellation, so that at this time there appears to be one prior order directing deporta- tion and a subsequent order directing cancellation. Of course, the testimony in the case is identical with that reported to the depart- ment on the 13th of March. It is proper to state that notice of cancellation has been sent to the district. The bureau can only account for the happening of the foregoing by reason of the congestion and confusion existing at the dates of the respective memoranda. Instructions are requested. ■. A. Caminetti, Commissioner General. The findings of fact in the department memorandum of March 13, 1920, are errone- ous. The evidence in the case shows that the alien was an ' ' automatic " member who did nothing after the transfer of his branch to confirm his unconscious membership. The order of March 13 was canceled by the order of March 24 and the order of March 24 stands, namely, that the warrant be canceled. Lewis F. Post, Assistant Secretary. April 9, 1920. CASE OF PATIL BOSCO. This is an analysis of the case of Paul Bosco, an alien, as shown by Bureau of Immigration File No. 54616/242. The subject was born in the southern part of Russia, close to the German frontier. The case, it seems, originated, in so far as the Department of Labor, Bureau of Immigration, is concerned, with a personal letter written by United States district attorney, Stuart W. Walker at Martinsburg, W. Va., dated June 4, 1919, and addressed to Hon. A. Mitchell Palmer, Attorney General, which reads as follows : Permit me to express my very great delight in learning from the papers that the dastardly attempt on your life and that of yqur family was only an attempt, and that no harm befell you or yours. At the same time of the expression of this gratification on my part I hope it will not be regarded as amiss or improper on my part to call your attention to a case from my district disposed of on the 18th day of January, 1918, of 88 COMMUNIST AND AWABCHIST DEPORTATION CASES. the United States against one Paul Boeco. Bobco came to this country from the south- ern part of Russia, on the German bord*. On inquiry from the department under date of February 27, 1919, which doubtless is in your files, I undertook to give a history of this man as gathered by me in this trial , in opposition to a commutation of his sentence or pardon. I have since learned through the press that this man has either been pardoned or his sentence reduced, and my mind necessarily goes back to this case on learning the dastardly attempt on your life by some one the other night. One of the men implicated with this Bosco by the name of Prank Johnson, and on whom I have abundance of evidence to convict, is a fugitive from justice ; I have traced him through Ohio to New York, but I have been unable to locate him. Bosco is such a dangerous character and was so considered by the labor organization in Morgantown, this district, where he committed the overt acts against the Government and for which he was convicted, that he was ejected bodily from the labor organization's headquarters and his former associates came in numbers to Parkersburg, where he was tried, and testified against him. They were so apprehensive of the dastardliness of this man and his associates that they warned the marshal of this district that danger might exist for me in the trial of the case if any bitter denunciations should be used against Bosco. The marshal therefore stationed through the court room his deputies in order to forestall any attempt that might be made by this man's associates. I did not hesitate in vigorously going after him and his kind in the argument of the case and the jury very promptly convicted him. At the time of his sentence, as reported in my letter of February 27, last, he defiantly, in that crowded court room, announced to the court that he hoped that when he would be released from the Atlanta Penitentiary he would find the red flag waving over the American flag. I simply give you these facts, not in complaint of his sentence ha^dng been reduced or his having been pardoned, as I have no right to do so, and I want to be understood as not in the slightest complaining; wnat I want to suggest is that this man, in the event of his not having yet been released I'rom the Atlanta Penitentiary, be immediately deported. I have no question as to his dangerous tendencies, nor have I any question as to the dangerous tendencies of this man Johnson, whom I have not been able to locate. The third man who was indicted with these two men was a citizen of German extraction from Morgantown, this district, and was defended and cleared by Mr. Stedman, of Chicago, who was sent there to defend him. Gneiser is the man referred to as being defended by Stedman. Gneiser may have been properly acquitted because he showed remarkable shrewdness in his conduct with Bosco and Johnson, always putting them to the fore, and not implicating himself in any open way in the presence of witnesses. After he was acquitted he removed from Morgantown to Ohio. I have letters in this office that the man Johnson wrote to Bosco, advising him to go to Ohio and register under the draft under the name of his brother, and then get passports in his brother's name, and leave this country. Tie told Bosco that he so much resembled liis brother that he could take his brother's photograph and fool the Government authorities, and in this way get away. I do not know if this man Johnson has any connection with this bunch of anarchists^ in the East or not. We do know that after he went from Morgantown that he drifted through Ohio and then went to New York, where he had secured a scholarship in a socialist school in New York, or a school of kindred character. I am worrying you with all these details because it might throw some light on the investigations the papers say the department is making, and I do urge, if it be not improper by reason of which I have learned and know of Bosco, that if he is pardoned or his sentence has been reduced, as the papers have indicated, that he is a fit subject ' (or deportation. T have no question about his anarchistic tendencies, and his open defiance was illustrated in court. This letter, or a cOpy of same was transmitted to the Secretary of Labor under date of June 17, 1919, by Claud R. Porter, Assistant Attorney General, with a letter from Mr. Porter reading as follows: I have the honor to transmit herewith for your consideration a copy of a letter from the United States attorney at Martinsburg, W. Va., with respect to "one Paul Bosco, who is now serving a term of two years in the .Atlanta Penitentiary for violation of the- espionage act. Bosco is of strong anarchistic tendencies, and while he was sentenced to 10 years' imprisonment the same has been conimutted by the President to two years. Bosco's term will expire on September 1, 1919, and in "view of his anarchistic ten- dencies, it is suggested that steps be taken ta have him deported promptlv upon liis release from the Atlanta Penitentiary on September I. Ifr. Walker, the district at- torney, in a personal interview with officials of this department, laid stress upon the- bad character of this man. COMMUNIST AND ANABCHIST DEPORTATION CASES. 89 The letter from Mr. Porter in the immigration files bears the following indorsement, written across the face in ink: 6/18^ — Issue W/A Anarch, Anarchize, Anarcoten, Anotoid, Disbeliever, Send to Jacksonville with copy of this letter and its inclosure. The five words in this memorandum are code words for various charges to be contained in the warrant of arrest, same pertaining to anarchists, disbelievers in governments, etc. The formal warrant of arrest was issued June 20, 1919, signed by Acting Secretary Abercrombie, and reads as follows : Depaetmbnt of Labob, Wasliington. To Thomas V. Kirk, inspector in charge, Jacksonville, Fla., or to any immigrant inspector in the service of the United States. Whereas, from evidence submitted to me, it appears that the alien, Paul Bosco, who landed at an unknown port, on or about the 1st day of January, 1916, has been found in the United States in violation of the act approved October 16, 1918, for the foUowiiig among other reasons; That he is an alien anarchist; that he believes in the overthrow by force or violence of the Government of the United States; that he believes in the overthrow by force or violence of all forms of law; that he advocates the over- throw by force or violence of all forms of law; and that he disbelieves in all organized govemdient; I, John Abercrombie, Acting Secretary of Labor, by virtue of the power and authority vested in me by the laws of the United States, do hereby command you to take into custody the said alien and grant him a hearing to enable him to snow cause why he should not be deported in conformity with law. The expenses of detention hereunder, if necessary, are authorized, payable from the appropriation "Expenses of regulating immigration, 1919." Pending further proceedings the alien may be released from custody upon furnishing satisfactory bond in the sum of $1,000. For so doing, this shall be your sufficient warrant. Witness my hand and seal this 20th day of June, 1919. Exact copy as signed by John W. Abercrombie; mailed June 20, 1919, by , Acting Secretary of Labor. The same was transmitted under date of June 20, 1919, to the inspector in charge at Jacksonville, Fla., with the following memo- randum : ^ The bureau transmits herewith formal warrant of arrest issued to-day -for Paul Bosco, who is at present an inmate of the Federal Penitentiary at Atlanta, Ga. A copy of a letter from the Assistant Attorney General, with its inclosiu'e is also inclosed. A hearing on the warrant of arrest under deportation proceedings wasgranted the alien, Paul Bosco, by Immigration Inspector Thomas V. Erk at the United States Penitentiary in Atlanta, Ga., under date of June 25, 1919. Bosco at that time was serving a sentence for violation of the espionage act. ' A copy of the testimony adduced at the hearing follows : Alien sworn. Q. What is your name? — A. Paul Bosco. Q. Have you ever been known by any other name? — A . No. Q. My object in coming here is to give you an opportunity to show cause why you should not be deported at the expiration of your prison sentence. I have a warrant for your arrest, signed by John W. Abercrombie, Acting Secretary of the Department of Labor, dated June 20, 1919, No. 54616/242, the charge against you reading as fol- lows: "That he is an alien anarchist; that he believes in the overthrow by force or ■\dolence of the Government of the United States; that he believes in the overthrow by force or violence of all forms of law; that he advocates the overthrow by force or violence of all forms of law; and that he disbelieves in all organized government." You are entitled to be represented by an attorney at this hearing. — A. I do not think it necessary to have an attorney. 90 COMMUNIST AND ANAECHIST DEPORTATION OASES. Q. Then do you waive all right for an attorney and are yon ready for the hearing to proceed? — A. Yes. Q. t hand you the warrant which you will please read. — A. (Alien reads the war- rant carefully.^ I am not an anarchist. I did not know just what anarchy was until I was accused of it. After I was accused of it I read up and studied on it to find out what anarchy was, and I must say after informing myself I have no objections to anarchists or their principles, as the Constitution of the United States does not forbid anarchistic propaganda or anarchistic doctrines. Q. Does your understanding of anarchy agree with anarchy or the definition of anarchists as given in the United States immigration law and as set forth specifically in the charge against you in the warrant which you have just read? — A. (Alien care- . fully reads charge in the warrant, then hesitates for some little time.) I do not believe in the overthrow of law, but whenever laws s,re against the people I see no reason why the people should not resist their enforcement by force, if it is attempted to enforce the law by force. Whenever Congress passes a law that is contrary to the interests of the people and contrary to the rights guaranteed by the Constitution, then the people are justified in resisting the enforcement of such a law in any way they can — this to uphold their constitutional rights. I think it is the duty of every workingman to take this position. Q. Of what country are you a citizen or subject? — ^A. I was born in Russia. Q. How old are you? — ^A. I am 27 years old. Q. When did you first come to the United States? — A . In 1911, from Russia, and landed at Hoboken, N. J., January, 1911, on the Kaiserin Augusta Victoria. Q. Have you ever taken any steps to become a citizen of the United States or any other country? — A. Yes; I got my first papers for United States citizenship at Mounds- ville, W. Va., in 1914. Q. Have you ever gotten full citizenship papers? — A. No, sir. Q. Why not?— A. Just neglect. Q. Are you married? — A. No. Q. Have you any relatives in the United States? — A. Yes; a brother, George Bosco, 510 Morgan Avenue, Brooklyn, N. Y. Q. Does he havethe same ideas about Government that you have? — A. I don't know what he believes. Q. When you first came to the United States how much money did you bring? — A. About $60. Brought nothing else to amount to anything. Q. How much money have you now? — A. About $30. I left some property in Russia, but don't think it in such shape that I could get anything out of it now. Q. What is your occupation? — A. I have been a glass cutter since I was about 14 years old. For a few months before I was arrested I -was in business for myself, selling ice cream and drinks at Morgantown, W. Va. Q. Why were you arrested? — A. I was arrested at Morgantown, W. Va., for dis- tributing leaflets. The subject of the leaflets was'The Price We Pay. Q. By what organization was this leaflet gotten up?— A. By the Socialist Party. Q. Did you distribute any of the leaflets? — A. I sold some socialistic propaganda, as we usually do. Q. What do you mean by we?^A. I mean socialists. Q. Just what kind of propaganda did you sell?— A. They did not make any charge against me for selling literature. The charge against me was for distributing the leaflet "The price we pay," which was an argument agarinst world militarism. Q. For what offense were you tried and convicted and sent to this prison?— A. As I understand it, I was arrested and convicted and sent here for distributing the leaflet "The price we pay." This leaflet was written by John Santuckner, of Chicago, I think, about 1915. . -s . Q. When were you convicted?— A. I was convicted at Parkersbxirg January 16, Q. When did you first become identified with anarchists?— A. I never was identi- fied with an organization of that kind. Q. When you were convicted at Parkersburg— for how long were you sentenced?— A. For 10 years^ Q. When your sentence and term in penitentiary for 10 years was announced in the crowded court at Parkersburg, did you not state defiantly that you hoped that when you were released from the penitentiary that you would find the red flag waving over the American flag?— A. Yes; I said that. Q. Do you still hope that? — A. Yes. Q. And you don't call that anarchy?— A. I don't call that anarchy because the red flag is an international emblem. Q. You have been living in this country how long? — A. About eight years. COMMUNIST AND ANARCHIST DEPORTATION CASES. 91 Q. And you think you are better qualified to say what kind of a flag we should have and what kind oiE laws Congress should'make than our best statesmen ycho were bom in this country? — A. I don't mean especially for this country, but for the world. Q. Then you claim you are better qualified to say what kind of laws the world should have than our President and our Congressmen? — A. I say this because the Constitution of the United States gives every man of the United States a right to express his opinion; but before I said this I carefully looked over the Constitution of the United States-and it does guarantee free speech, free press, and free asselnblage. Q. After being in this country seven years you regard yourself a first-class constitu- tional lawyer and presume to know more about the Constitution than our President and our best Congressmen, do you? — A. The Constitution is plain' on free speech, free press, and free assemblage. Q._ Don't you think it would be better for a newcomer to this country to leave the interpretation of the Constitution and the laws of the country to properly con- stituted authority, rather than to place your own interpretation on these matters, at least until you become a citizen of the United States? — A. I think the Constitution guarantees freedom for foreign people the same as for United States citizens, there- fore I try to exercise my privilege. Q. The Constitution does not give suflBcient liberty to aliens as well as to United States citizens and if you would be satisfied with the same kind of liberty that I and all other United States citizens have I do not think you would be in this trouble, do you? — (No answer.) Q. Were you not treasurer of the liberty defense fund before you were arrested at Morgantown? — ^A. Yes. Q. Did you collect any money in that capacity; and if so, how much? — ^A. Yes; I did. I suppose about $50 or $75. Q. Just what was the object of this organization? — -A. The object was to raise some money to help some of our comrades who had been arrested. Q. What do you mean by your comrades, some more international and constitutional lawyers, like yourself; people who would like to have the red flag flying instead of the United States flag? — ^A. Comrades who did enjoy their constitutional rights. Q. Is there any further statement you would like to make as to why you should not be dei)orted to Russia after your sentence expires here? — A. If the United States authorities are not wilUng for workingmen to exercise industrial democracy, then I would not object to going back to free Russia. Alien came to the United States from Russia, landing at Hoboken, N. J., in January, 1911; declared his intention to become a citizen of the United States at Moundsville, W. Va., in 1914; was convicted for violation of the espionage act at Parkersburg, W. Va., in January, 1918, and given a sentence in the United States Penitentiary, Atlanta, Ga., for 10 years, which sentence has been reduced to 2 years. Sentence is due to expire in about 30 days. Alien says he does not belong to any organization of anarchists, but his declaration as to what he does believe in as to government and enforcement of law, to my mind, constitutes positive proof that he is an anarchist of the worst type, and it is recommended that he be deported as such at the expiration of his sentence. In connection with this matter the department's special attention is called to a letter (copy inclosed) dated Morgantown, W. Va., June 4, 1919, from Stuart W. Walker, United States attorney, to Hon. A. Mitchell Palmer, United States Attorney General. Thos. V. Kirk, Examining Inspector. Under date of July 15, 1919, the record of the hearing accorded Bosco was transmitted to the Bureau of Immigration for the action of the Department of Labor, together with a letter from the. inspector in charge at Jacksonville, Fla., recommending the alien's deportation and reading as follows : Referring to department warrant No. 54616/242, dated June 20, 1919, I am inclosing herewith record of hearing in the case of the alien Paul Bosco, now .detained in the United States Penitentiary, Atlanta, Ga., whose term will expire in about 30 days. For the reasons stated in th^ finding, it is recommended that the alien be deported as an anarchist at the expiration of his prison sentence. 92 COMMUNIST AND ANARCHIST DEPORTATION CASES. The record was reviewed by the Law Division of the Bureau of Immigration, and under date of July 21, 1919, a memoranda for the Acting Secretary, prepared and signed by A. Caminetti, Commis- sioner General of Immigration, stating — The bureau is of the opinion that the alien's own statement and admissions clearly substantiate all of the charges in the warrant of arrest, and upon those grounds his deportation to Russia at Government expense is recommended when possible * * * and it is further recommended that immediately upon his release (this means release from the penitentiary) he be taken into custody by this service and detained until his removal from the country can be accomplished. This memoranda was approved by the Acting Secretary and bears the notation in pencil as follows: "Where shall we hold him? New Orleans?" While quoting another memoranda, it is desired to call particular attention to the above-quoted paragraph, which indicates the in- tention of holding this alien without bond until his deportation can be accomplished. The memoranda now follows : The above-named alien was arrested at the Federal prison, Atlanta, Ga., on the grounds that he is an alien anarchist; that he believes in the overthrow by force or violence of the Government of the United States; that he believes in the overthrow by force or violence of all forms of law; that he advocates the overthrow by force or violence of all forms of law; and that he disbelieves in all organized government. This case arose as the result of the alien's conviction and sentence in the Federal courts at Parkersburg, W. Va., for violation of the espionage act, the sentence at first being 10 years in the above-named prison but later commuted to 2 years. He states that he was convicted and sentenced for distributing leaflets at Morgantown, W. Va., entitled "The price we pay," and that such leaflets were prepared by the Socialist Party; also that he sold other socialistic propaganda. He further admits that at the time sentence was pronounced in the crowded covirtroom at Parkersburg he stated defiantly that he hoped that when he was released from the penitentiary he would find the red flag waving over the American flag, and he still hopes tliat this may be the case. He evidently sets himself up as a constitutional authority, saying that he did not believe the above statement he made in the courtroom was anarchistic because the red flag is an international emblem. He was given an oppor- tinity to read the warrant. After doing so he stated as follows: " I am not an anarchist. I did not know just what anarchy was until I was accused of it. After I was accused of it I read up and studied on it to find out what anarchy was, and I must say, after informing myself, I have no objectioia to anarchists or their principles, as the Con- etitution of the United States does not forbid anarchistic propaganda or anarchistic doctrines. ' He was then asked if his understanding of anarchy agreed with the definition of anarchy as given in the United States immigi-ation law and as set forth in the warrant of arrest, and replied, after considerable hesitation: " I do not believe in the overthrow of law, but whenever laws are against the people I see no reason why the people should not resist their enforcement by force, if it is attempted to enforce the law by force. Whenever Congress passes a law that is contrary to the interests of the people and contrary to the rights guaranteed by the Constitution, then the people are justi- fied in resisting the enforcement of such a law in any way they can — this to uphold their constitutional rights. I think it is the duty of every workingman to take this position." The alien has not taken out final citizenship papers, and stated that he had not •done so simply because of neglect. He says that he was treasurer of the liberty defense fund at Morgantown, W. Va., and during the period of his office collected about $75, the object of which was to assist some of his comrades who had been arrested. In a letter to Attorney General Palmer, copy of which is made a part of the record, the United States attorney atTarkersburg, who prosecuted the alien under the espion- age act, states .that he is considered as a very dangerous man; that he was bodily ejected from the labor organization's headquarters at Morgantown, and that his former associates came in numbers to Parkersburg to testify against him; also that they con- sidered him so dangerous that they warned the marshal of that district that danger might exist during the trial. "The bureau is of opinion that the alien's own statements and admissions clearly substantiate all of the charges in the warrant of arrest, and upon those grounds Ids COMMUNIST AND ANAECHIST DEPORTATION CASES. 93 deportation to Russia at Government expense is recommended, when possible. His term in the penitentiary will soon expire, and it is further recommended that imme- diately upon his release he be taken into custody by this service and detained until his removal from the country can be accomplished. Under date of July 24, 1919, the Assistant Commissioner General of Immigration, with the approval of the Acting Secretary of Labor, addressed the following letter to the commissioner of immigration at New Orleans : The bureau transmits herewith for your information copy of a formal warrant of deportation issued to-day for Paul Bosco. This alien is confined in the Feneral peni- tentiary at Atlanta, Ga., but will be released from custody in about three weeks, at which time he will be delivered at your station by an officer detailed by the inspector in charge at Jacksonville for detention after his deportation can be effected. The expenses incident to such detention, including the expenses of delivering the alien at Ellis Island, New York Harbor, for deportation, as well as those of an attend- ant who will accompany him, if necessary, are authorized, payable from the appro- priation "Expenses of regulating immigration, 1920." It will be noted in this letter no provision is made for the release of this alien under bond. To the contrary, the instructions are to detain him until his deportation can be effected. The warrant ior his deportation, dated July 24, 1919, reads as follows: Department of Labor, Washington. Frederic C. Howe, Commissioner of Immigration, Ellis Island, New York ffarhor: Whereas, from proofs submitted to me, after due hearing before Immigrant Inspector in Charge Thomas V. Kirk,/ held at the Federal Penitentiary, Atlanta, Ga,, I have become satisfied that the alien Paul Rosco, who landed at the port of New York, N. Y., ex-steamship Kaiserin Auguste Victoria, on or about the 15th day of January, 1911, has been found in the United States in violation of the act approved October 16, 1918, to wit: That he is an alien anarchist; that he believes in the overthrow by force or Violence of the Government of the United States; that he believes in the overthrow by force or violence of all forms of law; that he advocates the overthrow by force or violence of all forms of law; and that he disbelieves in all organized goyern- ment, and may be deported in accordance therewith; I, John W. Abercrombie, Acting Secretary of Labor, by virtue of the power and authority vested in me by the laws of the United States, do hereby command you to return the said alien to Russia, the country whence he came, at the expense of the appropriation "Expense of "regulating immigration, 1920." You are directed to purchase transportation for the alien from New York to such point in Russia as you may designate at the lowest available rate, payable from the above-named appro- priation. For so doing, this shall be your sufficient warrant. Witness my hand and seal this 24th day of July, 1919. Acting Secretary of Labor. Exact copy as signed by John W. Abercrombie; mailed July 25, 1919. Under the same date the formal notice of the issuing of said warrant of deportation was forwarded to the inspector in charge of the ■Immigration Service at Jacksonville, Fla. Attention is again called to the fact that no bond was provided for in either the formal notice to the inspector at Jacksonville nor in the warrant of deportation. The formal notice referred to reads as follows: United States Department of Labor, Bureau of Immiseation, Washington, July 24, 1919. Inspector in Charge, Immigration Service, Jacksonville, Fla, Sir: The bureau acknowledges the receipt of your letter of July 15, No. 122/116, transmitting record of hearing accorded the alien Paul Bosco, who landed at the port 175608—20 7 94 COMMUNIST AND ANAECHIST DEPOKTATIOlir CASES. of New York, N. Y., ex steamsMp Kaiserin Auguste Victoria, on or about January 15, 1911. After a careful examination of the evidence Bubmitted in this case, the depart- ment is of opinion that the alien is in the United States in violation of law. You are therefore directed to cause him to be taken into custody and conveyed to New Orleans, La., the expenses incident to such conveyance, including the employment of an attendant to assist in delivery, if necessary, at a nominal compensation of $1 and expenses both ways, being authorized, payable from the appropriation "Expenses of regulating immigration, 1920." Upon his release from prison by the proper authorities the alien should be taken into custody and conveyed to New Orleans, La., for detention until his deportation can be effected. For the Commissioner General. Exact copyas signed by Alfred Hampton, mailed July 25, 1919, by , Assistant Commissioner General. Approved. Exact copy as signed by John W. Abercrombie. Mailed July 25, 1919, by acting secretary. Inclosed W. D. No. 2407. Under date of July 24, 1919, an official copy of the warrant of deportation was sent to the commissioner of immigration at EUis Island, N. Y., together with a memoranda reading as follows: Official copy to the commissioner of immigration, EUis Island, N. Y., for his infor- mation. The alien will be conveyed to your port at such time as the necessary ar- rangements have been made, by an officer detailed by the commissioner of immigration at New Orleans, La., to whom advices should be forwarded at the proper time. The alien is at present confined in the Federal penitentiary at Atlanta, Ga,., but will be released in about three weeks, at which time he will be conveyed to New Orleans for detention until his deportation can be effected. No foreign address is given. Under date of July 28, 1919, the inspector in charge at Jackson- ville, Fla., addressed the following letter to the commissioner of immigration: Referring to bureau letter of the 24th instant, No. 54616/242, directing that the alien Paul Bosco be conveyed to New Orleans for detention until his deportation can be effected, it is observed that the department warrant in the case of this alien, date and number as given above, is issued to Frederic C. Howe, Commissioner of Immigration, Ellis Island, New York Harbor,, N. Y. It is thought at this office that the direction that the alien be conveyed to New Orleans for detention, until such time as he can be deported, is due to congeston at Ellis Island, but as the letter directs that he be conveyed to New Orleans and the warrant is issued to the commissioner at Ellis Island, it was thought advisable to call attention of the bureau to this matter, -in order that the bureau's intentions will be carried out when the alien is conveyed to New Orleans for detention. This letter was replied to by the commissioner of immigration under date of August 4, 1919, as follows: Replying to your letter of the 28th ultimo. No. 122/116, relative to the case of Paul Bosco, you are requested to arrange with the commissioner of immigration at New Orleans to send an officer from his station to Atlanta for the purpose of taking the alien into custody upon his release from the Federal penitentiary, and conveying him to New Orleans for detention until his deportation to Russia can be accomplished. The expenses will be payable from the allotment for your district. Under date of July 30, 1919, the inspector in charge at Jackson- ville, Fla., addressed the following communication with reference to this case to the Commissioner General of Immigration: Referring to department warrant of deportation in the case of the alien Paul Bosco, No. 54616/242, dated July 24, 1919, and to letter from the bureau to this office bearing the same date and number, directing that the alien be conveyed to New Orleans for detention until such time as he can be deported, I desire to suggest, inasmuch as the work at this office is very much congested at this time, that we would appreciate it if the bureau can arrange for Inspector Joseph H.Wallis", New Orleans, La., to take charge of this alien at the expiration of his prison sentence and convey him to New Orleans for detention until deportation can be effected. COMMXJNIST AND ANAHCHIST DEPORTATION CASES. 95 For information of the bureau I will state that I know this arrangement will be perfectly satisfactory to Mr. Wallis, and I may further state that it will be less expen- sive for Mr. Wallis to proceed from New Orleans to Atlanta and return than it will be for this office to detail an officer from Jacksonville for the purpose outlined. Under date of August 6, 1919, the Comraissioner General of Immi- gration addressed the following communication to the commissioner of immigration at New Orleans : 1. Please arrange to have Inspector Joseph H. Wallis proceed to Atlanta, Ga., upon receipt of advices from the Jacksonville office, for the purpose of taking into custody and conveying to New Orleans for detention the alien Paul Bosco, who is now confined in the Federal penitentiary at Atlanta and will be released in about three weeks. 2. The expenses incurred by Inspector Wallis in making the trip will be chargeable to the allotment of district No. 7. And under the same date, August 6, addressed the following com- munication to the inspector in charge at Jacksonville, Fla. : Replying to your letter of the 30th ultimo, No. 122/116, relative to the case of the alien Paul Bosco, who is now confined in the Federal Penitentiary at Atlanta, Ga., you are advised that Inspector Joseph H. Wallis, New Orleans, La., has been directed to proceed to Atlanta, upon receipt of advices from your office, for the purpose of taking the alien into custody and conveying him to New Orleans for detention. Under date of September 29, 1919, the inspector in charge at Jacksonville, Fla., addressefi a letter to R. H. Marr, attorney at law, New Orleans, inclosing a copy of same to the Bureau of Immigration. This letter reads as follows : Replying to your letter of the 27th instant, I have to advise that the case of Paul Bosco, so far as this office is concerned, is closed. For your informatioji I will state that the alien had ample opportunity to secure an attorney at the time of his he.aring and waived his right thereto, stating he did not regard it necessary for him to have an attorney. A copy of same was transmitted to the Bureau of Immigration with a letter dated September 29, 1919, from the inspector in charge at Jacksonville, reading as follows: Referring to bureau letter of August 6, 1919, No, 54616/242, and to warrant of depor- tation dated July 24, 1919, bearing the same number, m the caseof the alien Paul Bosco, I have to advise that this alien, upon the expiration of his sentence in the United States penitentiary at Atlanta, Ga., was taken into custody by Assistant Commissioner Joseph H. Wallis, of New Orleans, La., and conveyed to the immigra- tion station at New Orleans for detention pending deportation. The alien is now detained at that port. This office is just in receipt of a letter dated New Orleans, La., September 27, 1919, written by R. H. Marr, attorney at law, 1020-1021 Hennen Building, which reads as follows: "The United States Civil Liberties Bureau has asked me to look into the case of Paul Bosco, held here for deportation. I shall be pleased if you will be kind enough to furnish me with the reports in the case." As this alien was given ample opportunity to secure an attorney at the time of his hearing but waived his right to do so, I think the matter, so far as any lawyer is con- cerned, should be regarded as closed; however, if the bureau directs, I will furnish Attorney Marr with the record in the case. Copy of my reply to Mr. Marr's letter is inclosed herewith. In addressing the letter to attorney Marr, the inspector in charge at Jacksonville was following a long standing custom or regulation of the Immigration Bureau to the effect that the Immigration Ser- vice could recognize only an attorney whom the alien had gone on record as desiring to appear in his behalf. The custom or regulation in a case of this kind wherein the attorney claimed to have been re- tained^by some outside sources in behalf of the alien had, until 96 COMMUliriST AND ANARCHIST DEPORTATION CASES. recently, been to advise the alien of Ms right to counsel, but that such and such an attorney had claimed to be retained by such and such a party in his behalf and in the event the alien then went on record as desiring said attorney to represent him, to recognize that attorney, but otherwise he was not to be recognized in the case. Recently a new regulation with reference to attorneys has been issued, but even in this new regulation the alien has somewhat to say as to who shall or who shall not represent him. A regulation was also issued to the effect that it was unnecessary for an ahen to have more than one attorney and unless it were members of the same iirm, not more than one attorney should be recognized and that before any attorney, not a member of the same firm, could be recog- nized, and particularly in a deportation proceeding, the attorney first recognized must have gone on record as withdrawing entirely from the case. Special attention is called to this regulation with reference to attorneys (an effort will be made to obtain copies of samel in order that the correspondence which followed in connection with the Paul Bosco case may be more readily understood. Under date of September 30, 1919, on a letterhead of the National Civil Liberties Bureau, 41 Union Square, New York, a letter was addressed to Hon. John W. Abercrombie, Acting Secretary of Labor, by Walter Nelles, listed as coimsel for the before-mentioned organiza- tion or society. This letter bears the indorsement in ink to the effect that it was referred October 1, 1919, to the Bureau of Immigration by Acting Secretary Abercrombie, and reads as follows : (National Civil Liberties Bureau, 41 'U'nion Square, New York. Officers: T.. Hollingsworth Wood, chair- man; Normal M. Thomas, vice chairman; Helen Phelps Stokes, treasurer; Albert De Silver, director; Paul J. Furnas, associate director; Walter Nelles, counsel. Durecting committee: John S. Codmsn, rrvstal Eastman, John Loveioy ElUott, Edmund C. Evans, Edward W. Evans, William A. Fincke, John Haynes Holmes, Agnes Brown Leach, Judah L. Magnes, John Nevin Sayre.] .•September 30, 1919. Hon. John W. Abercrombie, Acting Secretary of Labor, Washington, D. C. Dear Sir: Paul Boaco, an alien who is to be deported to Russia via New York, is now being held at the immigration station at New Orleans. A correspondent there advises us that he can not be admitted to bail except bjr order from your office at Washington . I assume that in this case , as in others of Russians where deportation wil 1 not be practicable for a considerable time, bail will be permitted. If you will make the order, I should be greatly obliged if you will let me know that you have done so. If any particular showing must be made before bail is granted, will you not let us know its nature? Yours, very truly, Walter Nelles. The National Civil Liberties Bureau was brought into being by radicals of the Eoger Baldwin type for the purpose of assisting men to evade the selective-service act. Baldwin, one of the organizers of the "bureau," was convicted and served about one vear in a Federal penitentiary for violating the selective-service act' This group of radicals was particularly active in and about New York City and manufactured a multitude of "conscientious objectors," going so far as to furnish legal advice. Under date of October 10, 1919, Charles Eecht addressed the Commissioner General of Immigration as follows : I appear for Paul Bosko, who is now held at New Orleans, awaiting deportation to • Russia. As the department is not now in a position to return people to Russia, I would appreciate it if you would fix a reasonable amount, say $500, as bail for this man, and flo instruct the department at New Orleans, until such time as his deportation can be effected. • COMMUNIST AND ANAECHIST DEPORTATION CASES. 97 This letter bears a footnote in pencil reading as follows : Miss Weiss, called at bureauand advised alien's friends have now raised $500 for bond. Consider advisability his release on bond on this or larger amount. W. J. P. The Miss Weiss referred to in footnote is Rose Weiss, an attorney' in the law firm of Charles Recht, the latter, it wUl be remembered, is the same attorney who appeared with Caroline Lowe before th.e Bureau of Immigration in the cases of aliens brought from the Pacific coast to Ellis Island and later released. Charles Recht is recognized in and around New York as attorney for many anarchists, I. W. W.'s, Communists, and antigovernment organizations. Recht was appointed chief counsel and legal advisor for Ludwig K. C. Martens, which position he holds to date. Going back to Recht's letter of October 10, which has been quoted, special attention is called to the language used. He says, "I appear for Paul Bosco." He does not say that he was retained by Bosco, nor does he say who authorized him to appear in this alien's behalf. If aU the regulations with reference to attorneys, issued by the Department of Labor, had been followed in this case, Recht could not and should not have been recognized as attorney for Bosco. That he was recognized as attorney, however, is shown by his letter of October 27, 1919, to the Commissioner General of Immigration, reading as follows: Some time ago I made application for the fixing of bail in the rase of this alien who is held at New Orleans awaiting deportation to Russia. As it is not likely that this deportation can be effected for some time, it would be advisable to fix bail at a reasonable sum. The friends of this alien have raised $500, which under all the cir- cumstances might be accepted in this case. And the reply thereto under date of November 1, which reads as follows: In response to your letter of the 27th ultimo, making application for bond in the case of Paul Bosco, now confined at New Orleans awaiting deportation to Russia, you are advised that the bureau will give the matter consideration within the near future and will inform you of its decision. Special attention is called to this reply to Recht, wherein it is stated with reference to the request that Recht made, that bond be fixed in the Bosco case, that the biu-eau would give consideration to the matter of bond and would advise him later of its decision, thereby indicating that up to that time, November 1, 1919, no change had occurred in the original policy adopted at the time of the issuing of the warrant of arrest for Bosco with reference to this admittance to bond. Under date of November 7, 1919, Recht again addressed the' Commissioner General of Immigration on the subject of bond for Bosco, his letter reading as follows : Will you please advise us of your decision in regard to the release on bail of Paul Bosco, and oblige? This letter evidently was not answered, and under date of Novem- ber 26, 1919, he again addressed the Bureau of Immigration on the subject, his letter reading as follows: I should appreciate it if you would advise us as to your decision in the matter of fixing bail for Paul Bosco. We have not heard from you for some time concerning the matter and shall appreciate your reply. 08 COMMUNIST AND ANAKCHIST DBPOKTATION CASES. Attached to this letter in the files of the Bureau of Immigration; on a separate piece of paper, is a memorandum which reads : Mc. Why can't we bring tMs man on to Ellis Island? Rewrite meiaorandum and refuse mail [bail]. Initial "C." The memorandum referred to in the foregoing note unquestionably referred to a memorandum for the Acting Secretary dated December 2, 1919, indicating that the facts concerning the alien in question were reviewed. Inis memorandum which was signed by the Com- missioner General and approved by the Acting Secretary, specifically denied bond to the alien. The memorandum reads as follows: The facts concerning this alien are reviewed in bureau memorandum indicated at marker, to which your attention is invited. He is now confined at the New Orleans' detention station awaiting deportation to Russia. His attorney, Charles Recht, requests that alien be released under bond in the sum of $500 until such time as his removal from the country can be effected. The evidence in this case shows that Bosco is considered a dangerous man, a menace to the community and not a fit person to be at large. As he is a citizen of Russia and is to be deported to that country, the bureau recommends that the request for bond be denied and that he be brought at once to Ellis Island and held there until his removal from the country can be effected. Special attention is called to the last paragraph of this memoran- dum, which indicates that a decision to transfer this alien from New Orleans to Ellis Island until he could be deported had been reached. In following out this new policy, a telegram was sent the Immigra- tion Service at New Orleans by the Assistant Commissioner General, under date of December 4, 1919, reading as follows: By direction Acting Secretary join Paul Bosco to Russell party for conveyance to New York. Caminetti. (Signed.) Alfred Hampton, For the Commssioner General. The same date Attorney Recht, of New York, was advised that the department had decided not to accept bond in the Bosco case. The letter from the Connaissioner General to Attorney Recht reads as follows: The bureau refers to your letter of November 26, and advises the department has decided not to accept bond in the case of Paul Bosco. A memorandum concerning this case appears in the files of the Bureau of Immigration, and reads as follows : 1. Full name of person arrested: Paul Bosco. 2. Number of case (Bureau of Immigration files): 54616/242. 3. Date of warrant of arrest: June 20, 1919. 4. Charge upon which arrest was made; That he is an alien anarchist; that he be- lieves in the overthrow by force or violence of the Government of the United States; that he believes in the overthrow by force and violence of all fornjs of law; that he advocates the overthrow by force or violence of all forms of law; and that he disbe- lieves in all organized government. 5. Date and place of arrest: June 25, 1919, Atlanta, Ga. 6. Disposition of ease: Warrant of deportation to Russia at Government expense issued July 24, 1919. Transferred to New Orleans for deportation on release from United States penitentiary. Application for release on bond denied. 7. Status of case at present: Pending, awaiting deportation. The Russell party referred to in the telegram of December 4, which was a pick-up deportation party, evidently took a different route from that intended, and the officer in charge at New Orleans so advised the bureau by wire, requesting instructions as to whether or not he COMMUNIST AND ANAECHIST DBPOETATION GASES. 99 shotild deliver Paul Bosco to Ellis Island. Under date of December 19, 1919, he was advised by the bureau in a tele^ajn, to defer delivery of Paul Bosco to New York pending further instructions. Under date of February 27, 1920, one Harry Weinberger, who is recorded as counselor at law, 261 Broadway, New York, addressed a letter to the commissioner of imJnigration concerning the alien' Paul Bosco. The letter reads as follows : Will you kindly adviserae in reference to the case of Paul Bosco, what the intentions of the department are in reference to him. Will he be brought to New York for deportation, and it so how soon? Will time be given so that he may get clothes, and other necessaries for deportation? Until the time of deportation, will any bail be fixed for him? In reply to this letter the bureau addressed Weinberger under date of March 2, 1920. The letter reads as follows: Refeiring to your letter of the 27th ultimo, you are advised that as you do not appear to be the attorney of record in the case of Paul Bosco, th& bureau is not in a position to advise you of the status of this matter or to furnish you with the information called tor in the laatparagraph of your letter. The alien was represented before the Jackson- ville, Pla., office by Attorney R. H. Mar, of New Orleans, and before the department by Attorney Recht, of New York City. "If satisfactory evidence is placed before the bureau showing that Attorney Recht has withdrawn from the case, the bureau will be glad to furnish you with such informa- tion from its file as you may desire and which it would be proper for it to furnish. Special attention is called to the last paragraph of this letter which indicates that in so far as this attorney is concerned the regu- lations pertaining to attorneys in cases of this nature were bemg strictly adhered to. LETTER OF ME. WEINBERGER. Under date of March 2, 1920, Weinberger again addressed^ the the Bureau of Immigration, and particularly the Commissioner incorporated in ' ' Exhibit 1, ' ' heretofore referred to. The copies of letters and statements referred to are written in the English language, and will be read aiid in- terpreted to you by the acting Spanish interpreter, if you so desire. Bo you desire that they be read to you?— A. I desire only to hear read the statement of Carmen Orozco. (Statementof Carmen Orozco read and translated to the alien). Q. You know the contents of the books and pamphlets, as they were taken from your possession?^ — ^A. Yes. Q. You are advised that you are entitled to be represented by counsel at this Hearing.^ Do you desire to avail yourself of this right? — A. No; I don't wish a lawyer. Q. You waive your right to be represented by counsel at this hearing?— A. Yes. Q. You are advised that you may be released from custody during the pendency of these proceedings upon furnishing satisfactory bond in the sum of |1,000. Do you desire to furnish bond in the amount stated? — A. I can not give bond . You wiU please be sworn. The alien, being first duly sworn, testified as follows: My name is Juan Villanueva; I am 30 years old; I was born in Paso de Sotos, Mexico; I am a citizen of Mexico, and of the Mexican race; I last entered the United States at the port of El Paso, Tex., on September 26, 1918, my destination at that time being Morenci, Ariz., and my occupation being brakeman on ore train. In the United States I have a brother, Aurelio Villanueva, living at Jerome, Ariz.; in Mexico, my mother, Macedonia Garcia, wife, Serapia Jiminez, and my son, Alfonso, 5 years old, all residing in Paso de Sotos, Jalisco, Mexico. Q. Are you the same Juan Villa who made a statement before me at Clifton, Ariz,, on September 13 and 15, 1919?— A. Yes. Q. Were the statements made by you at that time true? — A. Yes. 114 COMMUNIST AND ANAKCHIST DEPOBTATION CASES. Q. You admit that you are an anarchist, and that you disbelieve in and are opposed to all organized governments? — A. Yes. Q. Do you advocate or believe in the overthrow by force or violence of the Govern- ment of the United States, or all forma of law? — ^A. No. Q. Do you believe^ in or advocate the assassination of public officials, or the unlaw- ful destruction of property? — A. No, sir. Q. You are advised that, in addition to the charges contained in the warrant of arrest in your case, you are charged with being an opponent of all organized govern- ment. Do j;ou desire to make any statement with respect to this additional charge? — A. No; nothing to say. Q. You recently received, did you not, through the post office'in Morenci, Ariz., a number of copies of a publication called "Libertad y Justicia, " the name of the publisher or the place of publication not appearing thereon? — ^A. Yes. Q. Who sent these papers to you? — A. I don't know. Q. Where did they come from? — ^A. I don't know. 'Q. They contain anarchistic doctrines, do they not? — A. I didn't have time to read them. Q. The following paragraph is taken from this paper, which is published iii the Spanish language: "All the great crimes called war, epidemics, prostitution, igno- rance, slavery, are the fruit of governments; and the electric chair, the gallows, the guillotine, military prisons, religion, official science to sustain them. " Do you not regard that paragraph as somewhat anarchistic? — A. It may be. Q. Isn't Pedro Kropotkins, whose name appears under one of the articles on the eame page in this publication, anarchistic? — A„ I don't know. Q. You are advised that a copy of this publication will be forwarded with the record in your case. Do you desire to make any statement in that connection? — ^A. I didn't write these articles and have nothing to say about it. Q. A bunch of these papers were mailed to you through the mails, however, were they not? — A. Yes, sir; I received them. Q. And you intended to distribute them among other members of the group, did you not? — ^A. I intended to give them to anyone that wanted to read them. . Q. You know, do you not, that Ricardo Flores Magon, who is now in the Federal prison at McNeil Island, Seattle, Wash., and his wife, Maria B. Magon, his brother, Enrique Magon, and Tomas Martinez, are all anarchists? — ^A. The whole world knows that they are anarchists. ' Q. You have recently written letters to, and received letters from, the three -last- named persons, some of which letters received were read at the meetings of the anar- chistic group at Morenci, Ariz., were they not? — ^A. Yes. Q. You are advised that the evidence upon which the warrant of arrest in your case was issued has heretofore been forwarded to the Secretary of Labor at Washington, D. C, and will be considered by him, together with the record of this hearing, in arriving at a decision in your case. Do you desire to make any further statement concerning the said evidence, or to show cause why you should not be deported?^A. I do not wish to be deported; I have committed no crime. I am obliged to work to support my family. Personal description: Height, 5,feet IJ. inches, without shoes; eyes, hazel; complex- ion, medium; hair, dark brown; marks, scar right neck, under ear; upper lobe lef,t ear pressed or flattened. The medical examiner certifies the alien to be in good health. Findings: It is found from the evidence that Juan Villanueva, the person made the subject qf these proceedings, is an alien^ a native and citizen of Mexico, and that he is subject, tjo deportation for the following reasons, to wit: That he entered the United States from Mexico on September 26, 19,18, at El Paso, Tex.; th^t he disbe- lieves in all organized government; that he is an opponent oj all organized government; and that he is an anarchist. Recommendations: It is therefore recommended that the alien be deported to Mexico, the country whence he came and of which he is a citizen. It i^ further lecommended that action in the case be expedited and this office telegraphically advised, inasmuch as the alien is being detained at the expense of this service. R. A. Scott, Immigrant InspecUyr. I hereby certify that the foregoing is a true and correct transcript of the record of tearing in the above case as recorded direct on the typewriter. * William Femngee, Typist. I certify the above to be a true copy of the record of hearing in this oase, taken from the file of the Tucson, Ariz., office. ' R. A. Scott, Inspector in Charge, COMMUNIST AND ANABCHIST DEPOBTATION CASES. 115 United States Immigration Seevicb, Mexican Boedbk District, In the Oountt Coijrthousb, Morenci, Ariz., September 14, 1919. (Tucson, Ariz., file No. 1552/10.) Statement of Creakencio Lopez Aguilera, relative to his right to be and remain in the United States: Present: B. A. Scott, examining inspector; E. B. Sisk, special agent, Department of Justice; F. H. Oarlock; J. Y. Ainsa acting Spanish interpreter (sworn). (Exam- ination in Spanish.) Chesencio Lopez Aguilera, being -first duly sworn, testified as follows: Examining Officer to alien: Q. What is your name, age, occupation, place of birth, and place of residence? — A. Cresencio Lopez Aguilera; age, 30; occupation, miner; born at Paso de Soto, Jalisco, Mexico; residence, Morenci, Ariz. Q. Of what country are you a citizen? — A. Mexico. Q. What family, if any, have you? — ^A. One child, a girl, Dolores Aguilera, bom in Morenci, Ariz.; I "was divorced" from my wife, Og.rmer Provencio, on July 14, 1919. Q. When and where did-you last enter the United States?— A. In February, 1907, at El Paso, Tex.; I have not been out of the United States since. Q. Were you inspected and duly admitted by immigration officers in February, 1907, in El Paso, Tex.?— A. Yes. Q. Were you accompanied or alone at the time of entry? — A. Alone. Q. I now introduce for incorporation in the record, copies, in English, of the fol- lowing letters, which will be marked, respectively, "Exhibits A, B, 0, D, and E": To Mr. Epitacio "Trias" (Los Angeles, Calif.), dated Morenci, Ariz., March 10, 1919, signed Cresencio L. Aguilera; to Epitacio "Frias" (Los Angeles, Calif.), dated Mo- renci, Ariz., April 39, 1919, signed Cresencio Lopez Aguilera; to Maria B. Magon, Los Angeles, dated Morenci, Ariz., April 20, 1919, signed Cresencio h. Aguilera; to Mrs. Maria B. Magon (Los Angeles, Calif.), dated Morenci, Ariz., April 22, 1919, signed Cresencio Lopez Aguilera; to Mrs. Maria B. Magon, Los Angeles, Calif., dated Morenci, Ariz., May 19, 1919/ signed Cresencio Lopez Aguilera. The copies of the letters referred to will now be read to you and translated into Spanish by the acting Spanish interpreter to you. [Copies of letters read and translated and read in Spanish to the alien by the acting interpreter.] Did you write these letters? — A. Yes. Q. How long have you been connected with this anarchistic group in Morenci, Ariz.?^A. I>ess than a year. Q. Who got you to join this group? — ^A. No one. Q. Where and about how often were the meetings of the group held? — ^A. The meetings were held -at the houses of the different members in Morenci, Ariz., about every eight days. Q. How many members usually attend the meetings? — ^A. About six to eight. Q. What persons attended these meetings? — ^A. There was Juan Villanueva, my- self, Jose Gutierrez, Carmen B. Barragan, her husband, Jesus P. Barragan, Oamillo Munoz, Alvaro Fernandez, and a man named "Pascual," whose last name I don't know. That is about all that I remember. Q. What did you do at these meetings? — ^A. We read and discussed books, dramas, and other literature, confonrdng to our belief. Q. Anarchistic books? — ^A. Yes. Q. Books like these taken from your room at the time you were taken into custody to-day (introducing books "El Hijo del Anarguista," Barcelona, Spain, Tomo 1 and 11; "Corazon de Obero," Barcelona, Spain, Tomo 1 and 11; "Carranza se Despoja de la Piel de oveja por Ricardo Flores Magon " — The Son of the Anarchist, volumes 1 and 11; The Heart of the Laborer, volumes 1 and 11; Carranza Stole the Sheep's Hide, by Ricardo Flores Magon? — A. Yes. Q. You are advised that these books will be introduced as evidence in this pro- ceeding, and marked, respectively, "Exhibits F, G, and H." Since your divorce from your wife in July last, you have entered into a free love marriage with the widow of one Ricardo Bernales, have you not? — ^A. Yes; because my first wife deserted me. Q. You have never been married to the Bernales woman according to the civil law or the ordinances of the church, have you? — ^A. No. Q. At the time you were taken into custody to-day this woman was found in your house occupying your bed with you, was she not? — ^A. Yes. Q. In other words she was recently taken by you as your free love wife in accord- ance with the anarchistic decree, was she not? — ^A. Yes. Q. When and where was this free love marriage consummated? — ^A. Here in Morenci, in May, 1919; there was no group ceremony. 116 COMMUNIST AND ANARCHIST DEPOBTATION CASES. Q. This was before you had obtained your decree of divorce from your former wife? — A. Yes. Q. The following excerpt is taken from the pamphlet "Carranza se Despoja de la Piel de oveja, por Eicardo Flores Magon" (Carranza stole the Sheep's Hide, by Ricardo Flores Magon), which pamphlet has been introduced in evidence, and which, it is noted, bears yoiu' name stamped thereon (English translation); "Gov- ernment or Anarchy. Brother Laborers: Be convinced once and for all that humanity is divided into two social classes, that of the workers who produce all useful things and that of the exploiters, who are those declaring themselves ^jwners of the land and all that comes from th^hands of the workers. The interests of these two clasess are antagonistic; there is no conciliation, because what benefits one of them, injures the other, and for this reason there must exist between the two social classes a war to the. death, until the exploiting class, capitalists, bourgeois, proprietors, parasites, or whatever name you care to call them, disappears, and together with them will disappear the institution caUed government, that only exists to help the exploiting class, and the institution chtu-ch, that has for its object the keeping in submission and obedience of the masses that they may not rebel against the rich and Government. "In order to do away with the exploiting class it is only necessary to ignore the so-called property right and take possession for the community. This done, both government and church will disappear, as they will have no mission to perform. Then will anarchy have triumphed, also a system of economic, political, and social liberty for the individual; a system 'fixed on a fraternal and mutual respect basis'; the system of equality for the free and happy, a system where only the indolent will have no right to eat. "Choose, brothers, government or anarchy. If you are for anarchy, adopt the principles announced m manifesto of September 23, 1911, by the Organizing Body of the Liberal Party of Mexico." You, of course, knew that Kicardo Flores Magon, was an anarchist, did you not? — A. Yes. Q. And you became a member of this anarchistic group in Morenci, Ariz., because you entertained belief in anarchistic teachings and doctnnes? — A. Yes. I hereby certify that the foregoing is a true and correct transcript in the above matter. R. A. Scott, Immigrant Inspector and Acting Stenographer. I hereby certify that the above is a true copy of the record of hearing in this case, taken from the file of the Tucson, Ariz., office of the United States Immigration Service. William FEKI^fQER, Junior Clerk (Stenographer). Tucson, Aei7.., October IS, 1919. Exhibit 4. warrant hearing. United States Immigration Service, Mexican Border District, Tucson, Ariz. (Tucson file No. 1552/12,) In the matter of Jesus Jose Baixagan, arrested pursuant to departmental telegraphic warrant of arrest, dated September 25, 1919. Hearing held in the office of the inspector in charge, Tucson, Ariz., this 27th dav of September, 1919. Present: R. A. Scott, examining inspector; Samuel T. Wright, acting interpreter; William Feringer, junior clerk (stenographer). (Examination in Spanish). Examining Officer to alien: Q. There is now presented to you, Jesus Jose Barragan, the warrant of arrest in your case, charging that you are an anarchist; that you believe in the overthrow bv force or violence of the Government of the United States; that you disbelieve in all organized ■ governniBnt, and that you are an opponent of all organized government; also the evidence upon which the warrant was issued, consisting of your statement made%) me at Globe, Ariz., on September 23, 1919. same beiug Exhibit A. The said evidence is written in the English language and will be read and interpreted to you, if you so desire. Do you desire that it be read to you?— A. Yes. (Statement read and translated to the alien by the acting interpreter). COMMUSriST AND ANAECHIST DEPOETATIOI>r CASES. 117 Q. You are advised that you are entitled to be represented by counsel at this hearing; do you desire to avail yourself of this right? — A. No; I have no money to employ a lawyer. Q. Then you waive your right to be represented by counsel at tliis hearing^ — A. Yes. Q. You are advised that you may be released from custody during the pendency of these proceedings upon fumishiag satisfactory bond in the sum of i?l,000. Do you de- sire to furnish bond in the amount stated? — ^A. No; I can not give bond. Q. You will please be sworn. Alien, being first duly sworn, testified as follows: , My name is Jesus Jose Barragan; I am 31 years of age; 1 was born at Parral,Cbi., Mexico; I am a citizen of Mexico, and of the Mexican race; I last entered the United States at El Paso, Tex., in 1910, I do not remember the month; my destination at that time was Morenci, Ariz., and my occupation, miner; in the United States I have a wife. Carmen Arselanes de Barragan, and two sons, Manuel, 16 years old, and Lorenzo, 11 years old; they were in Miami, Ariz., with me, and my oldest son Manuel is still there; my wife disappeared with my smallest son at the time of my arrest, and I do not know her jwesent whereabouts; my father, Vicente Barragan, was livTng on Stan- ton Street, El raso, Tex., six months ago, but I do not know where he ia living now; my mother is dead; I also have Josefa Barragan de Mendez,sis1er, who, six months ago, was living on Stanton Street, I do not know what numbei. El Paso, Tex.; in Mexico, I have four sisters, residing in Santa Barbara, Chi., Mexico. Q. Are you the same Jesus Jose IJarragan who made a statement to me at Globe, Ariz., on September 23, 1919?— A. "Yes. Q. Were the statements made by you at that time true?^ — ^A. Yes, sir. Q. You admit that you are an anarchist, that you disbelieve in and are opposed to all organized government? Is that correct? — A. Yes; I am an anarchist. J also disbelieve in and am opposed to all organized government. Q. What means do you advocate for getting rid of the present forms of organized governments? — A. The workmen would need to study years and years to learn how. Q. Could not the overthrow of existing forms of government be accomplished quicker by revolutionary methods? — A. I believe not. We don't believe in shedding blood. Q. Do you advocate force or violence in overthrowing the present systems of gov- ernment? — A. No, sir; neither by force nor violence. Q. You do not believe in taking part in government as at present organized, do you? — A. Probably so. Q. Would you care to exercise the right of suffrage^ that is, the right of voting, in this country under the government now existing?— A. If I was a citizen, I would have to vote. I believe citizens of a country should vote whether they believe in the present form of government or not. Q. How do anarchists propose to establish anarchy in the place of the different governments now existing? — ^A. It will be necessary for all to study and arrive at the same opinion that the anarchists have. Q. Well, what will happen then? — A. I think then that everybody will have to work. Q. But how will the form of government be changed? — A. I think the lands should be divided up among the poor people, as was in Mexico by Benito Juarez years ago. Q. Would you advocate force or revolution as a means of accomplishing this result? — A. Not by violence. Q. Was Ricardo Flores Magon formerly a member of the Morenci, Ariz., anarchistic group? — A. No; he was a teaclier or chief of the anarchistic party to which we belonged. Q. Did Enrique Flores Magon, said to be a brother of Ricardo Plores Magon, belong to the same anarchistic party? — A. Yes. Q. Did the members of the Morenci group receive communications or literatiu'e- from Enrique Flores Magon? — A. Yes, sir. Q. In these letters and in this literature he advocated the anarchistic teachings of the group? — ^A. Yes, sir. Q. Were similar letters received by the group from Maria B. Magon, said to be the wife of Ricardo Flores Magon? — A. Yes, sir. Q. All three of the Magons, Ricardo Flores Magon, Enrique Plores Magon, and Maria B. Magon, were recognized by the group at Morenci as being anarchists, were they not? — A. Yes, sir. Q. Have you any property in the United States? — A. No, sir. Q. You are advised that the evidence upon which the warrant of arrest in your case was issued has heretofore been forwarded to the Secretary of Labor at Wash- ington. D. C, and will be considered by him, together with the record of this hearing, 118 COMMUNIST AND ANARCHIST DEPOETATION CASES. in arriving at a decision in your case. Do you desire to make any further statement concerning the said evidence, or to show cause why you should not be deported? — I believe I have a right to live in the United States; I have been here so long and my children were born here. Personal description: Height, 5 feet 6 inches without shoes; eyes, dark brown, complexion, medium dark; hair, black, streaked with gray; marks, two red marks, one small and one about 1 inch long, middle of chest; black mole right side neck, several moles right cheek; pit marks nose and face; indistinct burn scar lower inner side right wrist. The medical examiner certifies the alien to be in good health. Findings: It is found from the e^idence that Jesus Jose Barragan, the person made the subject of these proceedings, is an alien, a native aiid citi/en of Mexico, and that he is subject to deportation for the following reasons, to wit: That he is an anar- chist; that he disbelieves in all organized government, and that he is opposed to all organized government; it does not appear that the record sustains the charge con- tained in the warrant of arrest to the effect that the alien believes in the overthrow by force or -sdolence of the Government of the United States, which charge was not contained, it is noted, in the telegraphic application. Recommendations: It is therefore recommended that the aKen be deported to Mexico, the country whence he came, and of which he is a citizen. It is further recommended that action in the case be expedited and this office telegraphically advised, inasmuch as the alien is being detained in the detention quarters at this station at the expense of the Immigration Service. R. A. Scott, Immigrant Inspector. I hereby certify that the foregoing is a true and correct transcript of the record of hearing in this case. ^ William FF.RiNaER,' Junior Clerk i Stenographer). I hereby certify that the above is a true copy of the record of hearing in this case, taken from the file of the Tucson, Ariz., office of the United States Immigration Service. William Feringkr, Junior Cleric (Stenographer). WARRANT — ARREST OP ALIEN. United States Department or Labor, Washington. (No. 54861/116.) To: James R. Dunn, Inspector in charge, St. Louis, Mo., or to any Inmiigrant In- spector in the service of the United States: Whereas from evidence submitted to me, it appears that the alien Enrique Flores Magon, who landed at the an unknown port, on or about the 1st day of January 1904, has been found in the United States in violation of the immigration act of October 16, 1918, for the following, among other reasons: That he is a member of or affiliated with an organization that entertains a belief in the overthrow by force of violence of the Government of the United States; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches opposition to all organized government; and that he is a member of or affiliated with an organization that entertains opposition to all organized government. I, John W. Abercrombie, Acting Secretary of Labor, by virtue of the power and authority vested in me by the laws of the United States, do hereby command you to take into custody the said alien and grant him a hearing to enable him to show cause why he should not be deported in conformity with law. The expenses of detention hereunder, if necessary, are authorized, payable from the appropriation "Expenses of Regulating Immigration, 1920." Pending further pro- ceedings the alien may be released from custody upon finishing satisfactorv bond in the sum of $1,000.. ^ For so doing, this shall be your sufficient warrant. Witness my hand and seal this 7th day of February, 1920. (Impression of stamp -(Illegible). Acting Secretary of Labor. COMMUNIST AND ANAECHIST DEPORTATION OASES. 119 defobtation recommended by commissioner general. April 12, 1920. (54861/116.) In re Enrique Floras Magon; aged 43; native of Mexico; entered the United States at Laredo, Tex., about January, 1904. Memorandum for the assistant secretary: A departmental -warrant issued in this case February 7, 1920, the same being in response to a formal re(^uest submitted by Immigrant Inspector at Kansas City, Mo., setting forth facts shoTnng alien to be in the United States in violation of the act of Otftober 16, 1918. He was accorded a hearing under the warrant at the Federal Penitentiary, Leavenworth, Kans., on March 18, 1920. He was advised of his right of counsel but did not avail himself of that privilege. The record discloses that the alien is married, and that his wife and six American- bom children are living in Los Angeles, Calif. ; that by profession he is a writer and speaker, and by trade a millworker. He testifies that he was born in Mexico City, Mexico, and was forced to leave there 16 years ago on account of his political activities, being an enemy of Diaz, who was then President of that country, and that later he was forced to remain in this country on account of being an enemy of Carranza. He states that he has been accused of inciting the Mexican people to take up arms against Carranza, and that he knows that any of his followers, or even readers of his papers, found in Mexico are murdered. He further states that he has been the publisher of the paper known as "The Regen- eration," originally published in Mexico City, then in San Antonio, Tex., and finally , resumed in Los Angeles, Calif., in 1910, where it was published up to the time of his arrest; that from St. Louis he was forced to travel in various parts of the country, as a reward of $20,000 had been offered by Porfirio Diaz to anyone who would get liini across the Mexican line. He states that the specific aims and purposes of this paper was the overthrow of the Government of Mexico and in doing justice to the Mexican people, and frankly admits that in this paper and in other literature published by him over his signature that he has advocated anarchy. He admits that he is an anarchist, and believes in anarchy, but amplifies by classifying himself as a Communist, Anarchist, and stsftes that by Communist anarchism he believes in the theory of hav- ing all the national and social wealth as the property of all, that all may have absolute freedom from a political, social, and economic point of view; so that everybody would be free, equal, and brothers regardless of sect, race, or color, and that, wierefore, his creed is that of assuring to everybody the right of working and in enjoying to the full profit of that labor, and so to insure for everybody the right of life and enjoying life. The alien also testifies that he is one of the founders of the Mexican Liberal Party, and an organizer and active propagandist for that party, the headquarters for which were the offices of his newspaper iu Los Angeles, and that as publisher of the Regen- eration he issued handbills. Exhibit 1, entitled "Organizing Body of the Mexican Liberal Party." This exhibit is purely anarchistic, and sets forth that the "Liberals" struggle to wrest from the hands of the rich the land, the water, the forests, the mines, the factories, the shops, etc., through force of arms, throwing everything into fhe hands of the poor, so that they may come to an understanding and organize the free production, and act as overseers for all classes. While he contends that the Mexican Liberal Party is aimed primarily at the overthrow of the Government of Mexico, the language employed ia the handbills, clearly shows that it is an organiza- tion that comes within the purview of the act under which the warrant in this case was issued. The alien is admittedly an anrachist, and the record throughout conclusively proves this to be so, and this fact caused the examining inspector to place the alien on notice that in addition to the charges contained in the warrant the charge of being an anarchist would be placed against him. The alien indicates that he will not fight deportation, but objects strenuously to being sent to Mexico, saying that he will surely be shot if placed across the border of that country, and for this reason he hopes that if he must be deported that he and his family will be sent to Soviet Russia. The examiniQg officer and the inspector in charge at St. Louis recommend deporta- tion. The, evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law, and is subje^ t to deportation therefor, this on the ground, and it is so found, that he is an alien anarchist; that he believes in the overthrow by force or violence of the Government of the United States; that he believes in the overthrow by force or violence of all forms of law; that he disbelieves in all organized government; that he teaches the assassination of public officials; and that he teaches the unlawful destruction of property. 120 COMMUNIST AND ANARCHIST DEPORTATION CASES. It is therefore recommended that the department issue its warrant for his deporta- tion, on these grounds, such deportation to be to Mexico at Government expense, such deportation to become effective at the termination of his present sentence at Fort Leavenworth, Kans. A. Caminbtti, Comnvissiorw General. Deport. Assistant Sbckbtaey. CANCELLATION OF WARRANT BY ASSISTANT SECRETARY OP LABOR— DEFINITION OF WORD "anarchist." Department of Labor, Office of the Assistant Secretary, Washington, April 14, 1920. Memorandum — For: Commissioner General of Immigration. From: Assistant Secretary. Subject: In re Enrique Flores Magon, No. 54861/116. The aUen is married and has six American-born children living in the United States. He is a native of and a political refugee from Mexico. If deported to that country in its present political condition he would doubtless be executed for political offenses, as he predicts. For this reason his deportation to Mexico on any ground whatever would be equivalent to a death sentence. It -vsould contravene the long-established American principle regarding political refugees and would also conflict with the spirit of that expression of those principles which appears in the second proviso of section 3 of the Immigration Act of 1917. These circumstances, however, do not present themselves for decision unless the alien comes within the expulsion clauses of the act of 1917 or the supplementary act of 1918. The warrant of arrest charges the alien broadly with membership in "or affiliation with an organization, made unlawful by the act of October 16, 1918. To these charges there was added during the hearing the charge that the alien is an anarchist, which, if sustained, would in itself bring Mm within the act of 1917 as well as that of 1918. The membership charge rests upon alien's admitted connection with the Mexican Liberal Party— an organization supporting political and industrial revolution in Mexico. To sustain this charge under the immigration laws it must appear that the Mexican Liberal Party (1) entertains a belief in, teaches, or advocates the overthrow by forc§ or violence of the Government of the United States, or (2) of all forms of law; or (3) advocates or teaches disbelief in or opposition to all organized government; or (4) advocates the duty, necessity, or propriety of the unlawful assaulting or Mlling of officers of the Government of the United States, or of any organized government, because of his or their official character, or (5) that advocates or teaches the unlawful destruction of property. It is not shown that the Mexican Liberal Party comes within any of those clauses. This organization appears to be an organization designed to revolutionize political and industrial conditions in Mexico. As such it may be violating American neutrality, as other organizations in this country often do; but it is not chargeable with a crusade against the Government of the United States, or all governments, or the lives of officials, or the existence of property, or all forms of law, or all organized government. Conse- quently, the charge that the alien is a member of an organization proscribed by the act of October 16, 1918, falls, and to that extent the warrant is cancelled. The only remaining charge is that alien is an anarchist. In his testimony he calls himself an anarchist. If, then, the word "anarchist" as a mere word, regardless of its meaning or the alien's meaning in using it, is to determine the case, the alien must be deported; for the act of October 16, 1918, requires the deportation of "aliens who are anarchists. " But Congress can not have used the word anarchist as a "verbal brickbat" after one of the verbal fashions of the time. It must have meant something by which the word could be expanded into one or more definite significations. This is all the more certain since the term "Anarchism" has long had a well-defined meaning, not only in general political literature, but in standard encyclopedias and dictionaries. It IS the name of a movement which originated with Pierre Proudhon, about the middle of the last century. Proudhon's anarchism predicated social order upon the self-control of free individuals, without governmental force. He asserted the extreme of an old American doctrine which is not yet forgotten, that "the best government is a government that governs least." Out of Proudhon's anarchistic or nongovernment OOMMtTNIST AND ANAKCHIST DEPORTATIOIT CASES. 121 philosophy there sprang two principal schools of anarchism, the pacific and the mili- tant, each -with a variety of factions. The militant school is terroristic, its slogan "propaganda by deed." Its method and its activities in different parts of the world have doubtless given to the word "anarchism" that sinister significaiice which attaches to it in its uses as a vulgar epithet. But in the interpretation of a legislative act, reasonable constructions must be given to this word as to all other words. Giving such a construction to the word'' 'anarchist, ' ' as used in the immigration law, its broadest possible meaning would include- on the one hand disciples of Leo Tolstoi, that famous and beloved advocate of the com- munistic simplicity of the early Christians, and on the other hand the advocates of "propaganda by deed," who with pistol, knife, or bomb would assault rulers and property owners. The alien in this case falls within neither category. He describes his ideal of Government as follows: "Organization of the individuals in their several works; from there in every town; from every town to every region; and from every region to what we call now national organization to form a kind of republic." He would have "each country follow the sentiments of the majority of its inhabitants." In other words, he favors the American theory of peaceable .gov- ernment by the majority. To deport a believer in a Government as an anarchist because he calls himself one would be as absurd as refusing to deport a believer in anarchistic "propaganda by deed" if hev called himself a Christian. Although the alien gives to his ideal of government the name of anarchism, his description of his ideal is not anarchistic. He is therefore not under the ban of the act of^ Congress of October 16, 1918, unless Congress intended to legislate against all forms of government except those that actually exist, including in the latter the most autocratic. This would be inconceivable of an American Congress. The warrant is cancelled. Louis F. Post, Assistant Secretary. CASE OF ALEX SNELLENBERG. Regarding the case of Alex Snellenberg, bureau file No. 35012/656 the following conunent may lead to a better understanding of the, case, which originated in 1918, as follows: A letter postmarked Seattle, Wash., unsigned, but bearing an address of the writer, addressed to a party in Mexico, was inter- cepted by the postal censors and translated. The contents speak for itself, a copy being hereto attached, and shows that it was written by a dangerous anarchist to another anarchist and a number of names are mentioned therein in such a way as to lead to the belief that they are also anarchists. A copy of the letter was forwarded through official chaiftiels to Seattle and an investigation conducted by the Military Intelligence Service jointly with the Immigration Service brought out the fact that the letter in question was written by one John Clerc, a French- man, never naturalized. Clerc was living with a woman who had borne biTn two children, but to whom he was never married. He was apprehended and confes.sed not only that he was an anarchist but that he was the writer of the intercepted letter. He further implicated all of the parties whose names he had mentioned as being anarchists. He stated that he had been connected with the famous or rather infamous "Home Colony," an anarchist and free love colony located near Tacoma, Wash. He even went so far as to go in a closed automobile with an officer and point out where certain of the fellow anarchists mentioned in the letter lived. That same night he hanged himself with a towel in the immigration station. One of the men mentioned in Clerc's letter was a man named Leon Morrel, Frenchman, unnaturalized. An officer of the Military Intel- ligence Service and an immigration officer went to Morrel's house and, on inquiry, were informed that he was not there, but could be 122 COMMUNIST AITD MTAROHIST BEPOETATION OASES. found at the house of his partner in business, Alex Snellenberg. The officers then went to Shellenberg's house and there found Morrel. Snellenberg offered to bring the party to the immigration office in his automobile, which offer was accepted. En route he made some remarks that caused the officers to request him to come into the immigration office upon their arrival, and question him. He stated that he was a citizen of the United States by naturalization, giving place of naturalization ; ^ and among other tmngs said that the Gov- erinnent of the United States needed him much more than he needed that Government. He also finally made the bold statement that he was a philosophical anarchist. Permission was asked, and granted by him, for the officers to accompany him to his residence and search same, or rather to look over .his literature. A large quantity of anarchist literature was found and he gave his consent to its temporary removal to the immigration office for examination. (A fist of said literatm-e hereto attached.) Morrel had, in the mean time, been held on a warrant on a deporta- tion proceeding, and after some delay was ordered deported, and is at the present time at Ellis Island unless he has been deported within the last couple of weeks. In the meantime an investigation had developed the fact that Snellenberg had not been naturalized as he claimed, but had only obtained his first paper. Upon that showing, together with the statements he had made relative to his anarchist heliefs and the literature found in his house, a warrant for his arrest on a , deportation proceeding was obtained. He was taken into custody and shortly afterwards gave bond. He was granted a hearing, refusing to employ counsel, and handled his own case, including the writing of a lengthy brief. During the course of the hearing the Military Intelligence officer testified as to the conversation with Snellenberg on the occasion of Morel's arrest, to the effect that he, Snellenberg, had at that time stated he was a philosophical anarchist, etc. This was not denied by the alien. The literature, or a list of same, was introduced in evidence. The alien testified he was in favor of a change in the Government of the United States and in reply to a question as to whether or not he would bring that change about by the ballpt replied that the ballot might do for some but that he never used it. He evaded all direct questions as to his doctrine and skillfully fenced with the examiner. The evidence, however, showed that he was connected with Home Colony, the anarchist colony before mentioned; that his wife and children spent their summers there, and that he was a subscriber to anarchist publications, etc. The record was completed and transmitted to the department, through the bureau, for decision. The memorandimi of the bureau, together with the letters passing back and forth regarding this case, and the Assistant Secretary's final decision and a letter of apology for the arrest and inconvenience caused the alien; also the findings of the examining inspector and a copy of Clerc's letter are hereto attached. A copy of a detailed report made concerning the anarchist colony known as "Home Colony" has already been incorporated in this report, and, while it never was used in any way in connection with the Snellenberg case, was a matter of record in the files of the bureau and gave some insight to the colony in which Snellenberg COMMUNIST AND ANAECHIST DEPORTATION CASES. 123 was interested and to which he sent his wife and children to spend their summers. It was in this colony, on the Morrel place, that Caplan, the con- victed dynamiter of the Los Angeles Times, was hidden and arrested. The Oscar Dietz mentioned in the report regarding Home Colony is the same "Oscar" mentioned in Clerc's letter. The various documents mentioned read as follows: [San Antonio, Tex.; New York, N. Y.; United States Postal Censorship. Date of letter May 9, 1918.] From: Mr., No. 923, Twenty-Bixth South, Seattle, Wash. To: Mr. Lorenzo Roebas, Apartment 1714, Mexico City. ♦ _ Before receiving your last letter, I intended to write to you, as it was a very long time since I had any news from you. Your postal card has tranquilized us, and I am glad to know that you are more or less safe down there. When you left I was asking myself what were the reasons you had' to emigrate so far away, as then I didn't see how things were, but now, old man, it is something extraordinary and you over there can not realize what is happening here. It is madness in every respect. A beastly madness, which know no limits. In this country with her impulsive popula- tion one sees at present the most savage scenes, and the newspapers are continuously •relating "Mob " cases, "Lynch" cases, or "Tar and feather parjies," in the Germans and oftener the poor devils of the I. W. W., have to go through a worse quarter of an hour than suffered by those in the trenches in Europe. These are the small facts of the mob, which altogether are nothing cdrnpared with those of that monster, "The State." The legal persecutioned are very extended everywhere under the pretext- to fight pro-Germanism, when in fact, the fight is only against those who thmk too far and talk too loud. The "reaction" composed of all Wall Street clique, which governs the country from the Atlantic to the Pacific and from the limits of Canada to Mexico, is acting with an audacity which neVer could have been believed from this country. They have arrived at a fanaticism worse than the religious fanaticism. We are going through a period worse than that of the Middle Age, with the only dif- ference that this time it is the State (the most terrible of all monsters as Nietzche said), which substitutes the church. AH the newspapers with radical tendencies and ideas have been suppressed and the majority of the companions which were some- what active in the organizations or in newspapers, have been arrested. You know that all those belonging to the I. W. W. f . i. are at present on'trial in Chicago, and the result of this process will decide everything in the United States. It will be one or the other. Either the movement of Emanicpation which has begun to develop well in this country will be completely annihilated, according to the course of this trial in Chicago, there will be perhaps a chance to revolt. We are all waiting, as this will be the decisive blow. Up to the present we have been able to pass between the rain drops, but after this if the trial is lost, there will be no limits. It Is impossible to continue in the shops, they literally oblige one to give for the Red Cross, to buy "war savings stamps" or Liberty bonds." You must have heard talk what, happened last winter with our Italian companions, who were sub- scribed to a paper of Galianni, "La Chronaca Suversive" (The Subversive Chronicle). About 50 were arrested, and many of them known to us, and the only charges the Government had against them was simply because they were foreigners and were sup- porting an anarchistic newspaper. There is at present absolutely no chance for a for- eigner who is known as a radical, as the law can be interpreted in all senses. The affair of our Italian companions, which has lasted since the 25th of November, has not yet been solved and nobody knows how it is going to end. Many have been set free under bail varying between $2,000 to $5,000. . . . You have understood, eh, $5,000 — bail — some of them are still in the hole and it is impossible to help them, and it is believed that they will remain there until the end of the war, or that they will be deported, with which they have been threatened. The attitude of the unions is simply deplorable and more and more disgusting, and this has been well appreciated in this affair of thfe Italian companions. There were many who belonged to the unions and among others a eompanion of ours, a machinist. Only after 4 months of prison it has been possible to make them act and efforts and struggles were necessary. I myself have been per- sonally mixed directly in this matter, out you know, notwithstanding it all, our good will has been handicapped, we are not yet sufficiently assimilated with the country and their system of acrtion and really very far from our center to enable us to fulfill our task as we wish to. Nevertheless, thanks to some of the companions who are in 124 COMMUNIST AND ANARCHIST DEPORTATION CASES. the unions, there is an apparent solution to this matter, otherwise all the companions would have been deported. The situation for all of us here is really far from being bright, and it is enough to be known to be molested. It has come to a point that I really don't know what decision will be necessary for me to take, and you may rest assured that if it was not for my wife and two babies, by all means I would try to make trouble. They are talking now about putting the limit of the draft age to 40 y^ears and then we will be in a good fix. On the other side, the Governments of the Allies have made an arrangement with the law of -each country, which means that on one or the other way they have us, as in France the limit of the draft age is 45 years. Our old com- panion, Lucien, has already been drafted and nobody can understand how this could ever happen. He is in a camp just beside us, and although we have tried many times with Oscar's coach to see him, we have not yet been able to succeed and we don't know what all this means. We hope to succeed next week, or at least in two weeks and perhaps I will be in a position to give you more details. It might happen that following the events you will receive a note which on the first moment you might not be able to quite understand — with your discernment and more knowing the situation here you will surely be able to get its meaning at once and will act in accordance. If f . i., myboss, writes to you to come here to repair the machines which you know well, you will understand that it is better to remain in the country of the cac tus and that that will mean that it will be necessary to exchange the r61es. As I have already told you, no one can foresee how all this will end, and it is always good to know how one can get along in case of necessity. A couple of months ago I escaped danger in a shop where I was, having refused to give for the Red Cross; one word of discussion brought another and only thanks to a man in the shop, an Irishman, I escaped from being lynched, which no doubt would have happened. Imagine, they all came together and wanted me to embrace the American flag. Everywhere more or less, is the same story. Well, enough about this question. I send you from time to time newspaper clippings and you ought ito know more or less what is happening here. Do you receive these news- papers? I suppose that some news about the companions will give you pleasure. Leon Morel has at last come back, what happens with all the companions who have coine to the West and returned to the East. He has again established a new shop and it is surely not work which is lacking, as such we can find everywhere at present. There are all the chances to succeed now, but it is always the same thing, as well considered all our conduct is solely due to one thing, to our temperament, and it not only is difficult to control oneself, but one can not change. Oscar is all right and is still here. He also has his troubles against the "alien enemy" which does not permit them to go any farther than 300 yards from the water front. As he hasn't got his second papers this means that he is not allowed to work in any of the shipyards here and can not even come near the docks. He has bought a little Ford and every Sunday we go out on picnics. We have been on top of the falls a few days ago and in Olympia last Sunday. Henry and Jean are still working in 'Frisco and at present have abandoned "La ciselure." They are now metal patent makers; that is almost machinists. You no doubt heard about Marcel Dubreil's death. He died in France when with his regi- ment, I believe. He didn't even have a chance to end as a hero. Lucien came to see us last Sunday. He has been drafted in accordance with the American law, because, as you know, they take everybody, and he was just in the age limit, which is 30 years. He was nearly 31 just before the date of the draft, and he was anyhow in the classification of 30 years, not having completed 31 years. This means that only we tried to help him he lost his freedom. The first weeks were awful and he tried his' best to desert, but there was no chance, there is no way to take a steamer and the Mexican border is so well guarded that it is impossible to try anything. He is sup- posed to remain in the Army until the end of the war and he does not yet know if they will send him to France. Up to the present he has succeeded in obtaining a job in an office with a captain and he has decided by all means never to carry a gun. This is where we have arrived, my old man, after having escaped France, we are now well fraught here. This country is getting just as bad as Europe is. We are getting along more or less well in the shops. The pay is good and it varies from |6 to |7. I get at present $6.75 and I am in charge of the Tunent lathes and automatique machines. Have you already seen those "Cleveland automatiques" or the "Acme automatic." It is something like mounting and arranging machines, but I have studied a little and I am used to it. But the most important part is that I have a good job. We only work now 44 hours a week and since the 1st of May it is understood according to the metal trades agreement that we will have Saturday afternoons free during the four summer months, but now everybody talks of insisting to have it the whole year. COMMUNIST AND ANARCHIST DEPORTATION CASES. 125 Well, my old man, I stop, because I have talked too much. Don't forget to take care_ of the subscription of the Revue I have asked you about. With regards and hoping to see or hear from you, I am, Always 923 Twenty-Sixth South. Exact copy: F. List of books, pamphlets, magazines, etc., found in the home of Alex Snellenberg, Brander Place, Seattle, Wash., at the time of his arrest, July 24, 1918, by the United States Immigration Service: Free Society, new series 1, November 14, 1897,' to 52, 'November 6, 1898; The Fire- brand, volume 3, No. 1, February 7, 1897, to 3, No. 32, September 12, 1897; Free Society, 109 papers, volume 4, No. 1, November 13, 1898, to No. 6, 58, December 23, 1900; bound together. Prison Memoirs of an Anarchist, Berkman, 1 copy. Useful Work V. Useless Toil, William Morris, 4 copies. The Old and the New Ideal, Emil F. Ruedebusch, 1 copy. The Psychology of Political Violence, Emma Goldman, 1 copy. Age of Reason, Thomas Paine, 1 copy. Why?, volume 1, No. 1, January, 1913, 6 copies; volume 1, No. 4, April, 1913, 1 copy; volume 1, No. 7, July, 1913, 1 copy; volume 1, No. 9, September, 1913, 1 copy; volume 1, No. 11, November, 1913, 1 copy. The Coming Woman, LilUe D. White, 2 copies. Katherine Breshkovsky, For Russia's Freedom, Ernest Poole, 1 copy. The Basis of Trade Unionism, Emile Pouget, 2 copies. Modern Science and Anarchism, David A. Modell, 2 copies. War, Pierre Kropotkine, 8 copies. The State, Peter Kropotkin, 1 copy. Crime and Pun- ishment, Voltairine de Cleyre, 3 copies. An Invocation, a scathing arraignment of the War Lord, J. W. Y. , the logger philosopher, 1 copy. The Labor Question, Henry George, 1 copy. A Concise History of the Great Trial of the Chicago Anarchists in 1886, Dyei; D. Lum, 1 copy. Mother Earth, Emma Goldman, volume 2, No. 8, October, 1907, 1 copy; volume 2, No. 9, November, 1907, 1 copy; volume 3, No. 10, December, 1907, 1 copy; volume 3, No. 5, July, 1908, 1 copy; volume 3, No. 8, October, 1908, 1 copy; volume 4, No. 3, May, ]909, 1 copy; volume 5, No. 12, February, 1911, 1 copy; vol- ume 6, No. 9, November, 1911, 1 copy; volume 9, No. 5, July, 1914, 1 copy; volume 10, No. 8, October, 1915, 1 copy; volume 10, No. 11, January, 1916, 1 copy; vo.ume 11, No. 1, March, 1916, 1 copy; volume 11, No. 2, April, 1916, 1 copy; volume 11, ISTo. 12, February, 1917, 1 copy; volume 11, No. 11, January, 1917, 1 copy; volume 12, No. 3, May, 1917, 1 copy. Socialist Songs and Dialogues, Josephine R. Cole, 1 copy. Anarchism; Its Philosophy and Ideal, Peter Kropotkin, 1 copy. The State: Its Historic Role, 1 copjr. God and the State, Michael Bakunin, 1 copy. The International Socialist Review, September 15, 1907, volume 8, No. 3, 1 copy; December 1, 1900, volume 1, No. 6, 1 copy. The Place of Anarchism in Socialistic Evolution, Pierre Kropotkin, 1 copy. The Wage System, Peter Kropotkin, 8 copies. President Wilson's Commission Demands New Trial for Mooney, 1 copy. An Appeal to the Young, P. Kropotkin, 2 copies. Evolution and Revolution, Elisee Reclus, 3 copies. The Quintessence of Socialism, A. Schaffle, Humboldt Lib. of Sci., No. 124," February, 1890, 1 copv. Civilization, Its Causes and Cure, Edward Carpenter, Hum- holdtLib. of Sci., No."l44, October, 1891, 1 copy. What is Property? P. J. Proudhon, 1 copy. Essays on the Social Problem (Why I am an arnarchist), Henry Addis, 7 copies. Direct Action v. Legislation, J. Blair Smith, 1 copy. New Zealand in a Nutshell, J. A. Wayland, 1 copy. A Forgotten Small Nationality — Ireland and the War, Francis Sheehy Skeflington, 1 copy. How Capitalism has Hyponotized So- ciety, William Thurston Brown, 1 copy. Pages of Socialist History-'Teachings and Acts of Social Democracy, W. Tcherkesoff, 1 copy. American Journal of Eugenics, June, 1908, volume 2, No. 3, 1 copy; July, 1908, volume 2, No. 4, 1 copy. American Journal of May, June, 1909, volume 3, Nos. 3-4, 1 copy. Memorial of Moses Harman, 1 copy. Eugenics, M. Harman, volume 2, Nos. 10-11, one and two, 1909, 1 copy; volume 3, Nos. 1-2, threeandtour, 1909, Icopy; volumeS, Nos. 5-6, nineand ten, 1909, 1 copy; volume 3, Nos. 7-8, one and two, 1910, 1 copy. Responsibility and Solidarity in the Labor Struggle, Edward Bernstein, 1 copy. Social Democracy in Germany, Gustava Landaiier, 1 copy. How to End Panics, Anarchist Federation of America, 1 copy. Library of Anarchism, Mother Earth Publishing Association, 1 copy. Wage Labor, and Capital, Karl Marx, 1 copy. The Agitator, November 15', 1910, 4 copies; December 15, 1910, 1 copy; March 15, 1911, 2 copies; April 1, 1911, 1 copy; April 15, 3911, 1 copy; May 15, 1911, 1 copy. Social Revolution, February, 1918, 1 copy; April, 1918, 1 copy. The Class Struggle, volume 2, No. 3, May-June, 1918, Boudin, 1 copy. The Liberator, June, 1918, Max Eastman, 1 copy. Sheet Metal, volume 7, No. 1, February, 1916, 1 copy; No. 3, April, 1916, 1 copy. The Sheet MetalShop', volume 2, No. 3, April, 1911, 1 copy; No. 12, January, 1912, 1 copy; volume 3, No. 8, September, 1912, 1 copy. The Rebel, volume 1, No. 1, September, 1895, 1 copy; No. 175608—20 9 126 COMMUNIST AND ANARCHIST DEPORTATION CASES. 4, January, 1896, 1 copy; No. 6, March-April, 1896, 1 copy. The Blast, volume 1, No. 2, January, 1916, 1 copy. No. 11, April, 1916, 1 copy; No. 13, May, 1916, 1 copyi No. 23, December, 1916, 1 copy: volume 2, No. 1, January, 1917, 1 copy. The Commune of Paris, Peter Kropotkinj 1 copy. An Anarchist on Anarchy, Elisee Reclus, 1 copy. Discontent, November 1, November 16, December 20, 1899; March 14, 21, 28, AprU 10, 11, 18,' May 9, 23, June 20, 27, July 4, 11 , 1900, 1 copy each. The Demonstrator, September 7, November 16, December 7, 21, 1904 ; January 4, 1905, 1 copy each. Free Society, Januarj^ 3, 10, 17, 24, 31 ; February 7, 14, 21, 28; March 3, 20, 27; April 3, 10, 17,24; Mayl, 10, 15, 16, 29; June 5, 12, 19, 26; July 3, 10, 17, 24; August 7, 14, 21, 28; September 4, 11, 18, 25; October 2, 9, 1904, 1 copy each. Social War, volume 1, No. 7; No. 4, April, 1917, 1 copv each. Seattle Daily Call, Febru- ary 22; March 2, 5, 6, 7, 16, 18, 20, 23, 28; Ai)ril 13, 1918, 1 copy each. Weekly People, New York, March 23; April 13, 1918, 2 copies. Industrial Worker, .January 16, 18; May 4, 1918, 1 copy each. Mooney Frame-up Condemned by Federal Commission, International Workers' Defense League, 1 copy. Soundview, vohime 8, No. 6, December, 1907, 1 copy. Against Religion and Marriage, E. L. Larkin, 1 copy.' . De Sociale Gids, January, March, .A.pril, May, June, July, August, September, October, November, December, 1893, 1 copy each. De Stervende Maatschappij En De Anarchie, Jean Grave, 1 copy. De Puinhoopen of Beschouwing van de omwenteling der staten gevolgd vab de Naturrlijie wet naar het fransch van Volney, 1 cop3'. Ar- moede of welvaart. Dr. Jo Van Kampen, 1 copy. Michel Bakoenine en Karl Marx, Victor Dave, 1 copy. Medische Studie over de kunstmatige onderbrekLng dere Zwangerschap door krviiden, dranken en andore middllen. Dr. R. A. Westerhout, 1 copy." Kracht en stof. Dr. L. Buchner, 1 copy. Het Kommunistiche Manifest van Karl Jlarx and Friedrich Engels, C. Cornelissen, 1 copy. De rouw en Het SocialismCi A. Bebel, 1 copv. A friend of the Russian Immigrant and Yearly Calendar, News- paper Printery of Newspaper New World, New York, 140 East Fourth Street, 1913 edition, 1 co])y. New World, April 30, 1918, and May 1, 1918, 1 copy. Revolutionary Russian paper, 2 copies. Weekly New Era, published in Moscow, Russia, dated November, 1910, 1 copy. Pacific Ocean (newspaper\ March 13, 1916, San Francisco, Calif., 1 copy. Semimonthly magazine devoted to help public teacher in his problem of teaching. Voice of I-abor, weekly newspaper, edited in New York. 586 East One hundred and fortieth Street, 1 copy. A few leaves of Jewish magazine "The Big Stick " Jom-nal of Humor ana Satire, 20 East Broadway, N. Y., 1 copy. A few pictures clipped from papers, mostly of RiLssians. SUMMARY AND RECOMMENDATION. The record in this case shows that the man under arrest is an aUen, a native of Hol- land, 46 years of age; that he came to the United States May 14, 1894, landii^ at the port of New York, ex S. S. Maasdan; that he returned to the old country in July, 1900, returning in September the same year through the port of Boston. Snellenberg's arrest was due in part to an investigation which was conducted by this service concerning one John Clerc, bureau file No. 54517/19. Snellenberg was very much interested in this man's case and also in the case of Leon Morel, bureau file No. 54517/20. In connection with the investigation, Mr. Snellenberg was asked if he would come to the immigration office, and on being interviewed he stated, "this Government needs me more than I need the Government." Thereupon h§ was asked if he had any objections to an officer going to his home and loo.king over his effects; he stated that he had no objections. A search revealed a large quantity of literature of an anarchistic nature. When the officer attempted to take some of this literature away, one of Snellenberg's boys objected, stating {hat he was making a study of same and had not completed it. A list of books, pamphlets, magazines, etc., found at the time Snellenberg's home was searched, is attached to the record. At the time he was first interviewed, Snellenberg insisted that he was a citizen of the United States, having taken out naturalization papers at Boston shortly after his arrival in this country; at the time of the hearii^ on the warrant he admitted that he was not a citizen as he had never taken out his final papers. He stated, further, that he was married in January, 1902, to the woman with whom he is now living, and that his views along political and socialistic lines were in accord with the views held by his wife along the same lines. Mrs. Snellenberg has for a number of years been actively and prominently associated witn all radical movements in this vicinity. She has collected money for the defense of I. W. W. prisoners, and has gone on the bond of a number of persona arrested because of their anarchistic activities; several years ago she was signer on the bond for the release of Becky Beck, bureau file No. 4250/21, a,t which time this woman was chained with being an anarchist. She also went on the bond of Sam Sadler, who was cob- COMMUNIST AND ANAECHIST DEPORTATION GASES. 127 "victed in this city recently under the eBpionage act; she has called at this ofiSce fre- quently and visited with a number of anarchists who were arrested by this service about a year ago. She is well acquainted with and a frequent caller on Ephim Kertz, bureau file No. 54235/102, and Annidale Scialdo, bureau file No. 54235/110. Mrs. Snellenberg admits that she frequently resides at Home Colony, a community on the shores of Puget Sound, composed of believers in anarchy and free love; and she is acquairted with practically all the members of this community. She and her children, as a rule, spend their summer vacations at this place. Mr. Snellenberg also has spent considerable time there and his brother owned a home there. Mr. Snellenberg was asked the direct question whether or not he was an anarchist, and stated "since a number of years have I ever believed in it." However, it will be noted that Witness Sullivan testifies ^p. 20, his examination), that Sr.ellenberg stated that he had read considerable a.narchiBtic literature and had difcuEfed Euch subject with his friends Morel atod Clerc; and that he (Snellenberg) termed himself a philosophical anarchist. Snellenberg has not denied that he made such statement nor has he offered any testimony or evidence to disprove it. He was very evasive when questioned as to whether or not he had subscribed furds for the deferEe of Alexander Bergman and Emma Goldman. He admits beirg a subEcriber to the newspaper known as The Blast and the Mother Earth, both anarchistic publications. He refused to state whether or not he believed in the present form of United States Government, and when asked as to whether or not he belie\ed in changirgthe form of this Government, by the ballot, he replied: "Perhaps by ballot; perhaps by other ways " ; and as to whether or rot he believed in the uee of the ballot he ftated : "I am not using the ballot; it may be good for some." A reading of the record in this case will ehow that both Srellenberg and his wife have been very active in the cauEe of anarchy, and that from all indications it would appear that they are bringing up their children in such a way that they can hai'dly turn out to be other than believers in and advocates of anarchy. After considering the testimony adduced in this case, I find that Alex Snellenberg is an alien , a subject of Holland ; that he last entered the United States in September, 1900, through the port of Boston. I find that subsequent to suchentry he has been found advocating or teaching anarchy and further that he is in the country in violati6n .of the act approved October 16, 1918, in that he is affiliated with an anarchistic organi- zation — The Mutual Home Association^and I respectfully recommend that he be ord ered deported to the coimtry whence he came, and of which he is a citizen or sub- ject, in conformity with law. Thos. M. Fishek, Immigrant Inspector. May 19, 1919. In re Alex Snellenberg, aged 46; native and subject of Holland; Dutch race; entered presumably at Boston, Mass., in September, 1900. Memorandum for the Acting Secretary. The above-named alien wa'? arretted at Seattle, Wash., on the grounds that he has been found tidvocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the agsassination of public officials; and that he was an anarchist or person who at the time of his entry believed in or advocated the overthrow by force or violence of the Government of the United States, or of all forms of ^aw, or who disl elieved in or was oppoeed to organ- ized government, or who advocated the assassination of public officials. This man states that he first came to the United States in May, 1894, landing at the port of New York; that he lived here until July, 1900, when he returned to the old country and again came here in September of the same year, through the port of Boston. The record shows that his arrest arose as a result of his connection and concern in the proceedings against one John Clerc (file No. 54517/19), His house was then searched, with the rei-ult that a large quantity of literature was found, the vast majority of which was radical and anarchistic. The record shows that when first questioned at the immigration office at Seattle by Inspector Fisher, in the presence of George J. Sullivan, a siergeant in the Military Intelligence. Snellenberg admitted that he was what might be called a "phDosopHcal anarchist." Snellenberg has a wife and three boys, the latter all being American citizens. He conducts a sheet-metal business of his own- in Seattle, and was engaged, it is said, on Government contracts during the war. Both Mr. and Mrs. Snellenberg have been very actively associated witn radical move- ments and radical people in and around Seattle. They are frequent visitors at the Home Colony, located on Puget Sound, practically all of the members of which are anarchists. They have also interested themselves in certain I. W. W. cases at Seattle, 128 COMMUNIST AND ANARCHIST DEPOETATION CASES. where proceediaga have been instituted by the bureau. An examination of the list of literature in Snellenberg's home will show that a part of it was the Mother Earth publications by Emma Goldman and Alexander Berkman. There is nothing, how- ever, in the record to indicate that Snellenberg has taught anarchy by word of mouth or has distributed any literature. He is undoubtedly radical, and at his examination made the following answers to questions put to him : Q. Are you what they call a philosophical anarchist? A. I don't know. Q. Do you believe that an anarchistic government is ideal? A. No, sir. Q. Do' you believe in the present form of government? A. I always believe that any government can be improved upon. Q. Do you believe in the present form of government? A. What do you mean by present form? Q. The present existing form of govenmient. A. They are continually changing. They are continually changing everywhere. Q. Then you don't believe in the present existing form of government? A. I believe they are continually changing. Q. Do you believe in overthrow? A. No, sir. Q. How would you accomplish your end? A. By simply finding out where the government is at fault and advocating the changes. Q. By force? A. Not necessarily; by simply spreading ideas that might reform it. Q. How? By force or ballot? A. Perhaps by ballot. Perhaps by other ways. Q. Do you believe in the ballot? A. T am not using the ballot. It may be good for some. This man has lived here, with the exception of two months, since 894, and yet has not seen fit to become a citizen of this country. His answers to the above ques- tions indicate his radical ideas as to government. While he has practically admitted that he is a philosophical anarchist, it appears that the warrant of arrest issued in July, 1918, and the charges therein contained are not technically suited to cover his case, the present anarchy act not then being in existence. As this man has a family here and his .deportation would impose consideia,ble hardship upon them, the bureau is of opinion that final action in the case should be deferred for a further period of six months, the alien to be released upon his own recognizance with the understanding that he will report at intervals of three months to the Seattle immigration office as to his conduct and occupation . ^ He has been at large under bond since his arrest in July of last year. A. Caminetti, Commissioner General. Approved. John W. Abercrombie, Acting Secretary. Seattle, Wash., June 17, 1919. Commissioner oi- Immigration, Seattle, Wash. Sir: I am in receipt of your letter of the 10th instant offering to release my bond and let me go on my own recognizance, providing I would report to you every three months, personally if practicable, as to my "occupation and conduct." I have been a metal worker for more than 30 years, have been in business here for 12 jrears as a sheet-metal contractor, and am president and general manager of the Occidental Sheetmetal Works, a corporation organized under laws of the State of Washington. My home address is 1715 Bradner Place, a home which we owned until these proceedings have threatened our ownership of it. I haA'e lived there for more than 10 years past. In the future, barring the unexpected, my occupation and conduct and residence will be the same as it has been these last 10 years or more. All these facts are known and have been known to you. I have never done a dishonorable act, settled any dispute by violence, nor have I ever been brought in court for transgressing the law. I work, pay my debts, and take care of my family. For more than 25 vears 1 have, by hard work, contributed my share toward increasing the wealth of "this Nation, never asking for any consideration or remuneration. COMMUNIST AND ANAECHIST DBPOBTATION OASES. 129 I therefore can not conscientiously sign this agreement, for it is a humiliation and degradation to me. It implies that my conduct is something under suspicion and -that in addition to almost ruining my business and stand in the community, as you already have by your ridiculous accusation against me, I am now to be humiliated and mortified by "reporting" to you. I have done nothing wrong. I am absolutely innocent of the charges against me. I have never preached or advocated violence. Am a firm believer in the degrading influence of violence in all forms. Your entire proceeding against me has been persecution in which you have prac- tically ruined my credit and business, and I can not now submit to the disgrace and humiliation you seek to force upon me. You have wronged me; I have not wronged you. It is you who should seek my pardon and forgiveness for the wrongs done me. This last proceeding adds insult to injury, and I decline to sign it. Respectfully, A. Snbllbnbbrg. Department op Labor, Immigration Sbkvice, Office of the Commissioner, Seattle, Wash., June 19, 1919. Commissioner General of Immioration, WaAington, D. C. This will acknowledge receipt of bureau letter of June 4, 1919, No. 54517/23, advising that by direction of the Acting Secretary further action in the case of alien Alex Snellen- berg is deferred for a period of six months, said alien to be released upon his own recognizance, "with the understanding that he will report to this office at intervals of three months as to occupation and conduct. ITiider date of June 10, 1919, Mr. Snellenberg was advised of the contents of bureau letter above mentioned. For the bureau's information I am inclosing herewith copy of letter addressed by Snellenberg to this office under date of June 17, 1919, in which he refuses to comply with the conditions incident to his release upon his own recog- nizance. Until receipt of instructions from the bureau, the $2,000 bond furnished by this alien for his release will remain in effect. HENRy M. Whitk, Commissioner. June 26. Let the bond stay in force. A. W. P. June 26, 1919. Commissioner op Immigration, Seattle, Wash.: The department acknowledges the receipt of your letter of the 19th instant, No. 35012/656, reporting that the alien Alex Snellenberg refuses to comply with the con- ditions incident to his release upon his own recognizance. In view of this fact, he may be permitted to remain at large under the $2,000 bond furnished by him under date of July 31, 1918, and the department's order of June 4 last, canceling said bond is hereby withdrawn. Acting Secretary. Exact copy assigned by John W. Abercrombie. Thos. R. Horner, Lawyer, Seattle, Wash., January IS, 1920. Hon. Louis F. Post, Bureau of Immigration, Washington, D. C. My Dear Mr. Post: Perhaps you will remember that last June I called upon you, Mr. Abercrombie, and Gen. Caminetti relative to this case. Prior to this visit the department had reversed the recommendation of the local inspector, Mr. Thos. Fisher, recommending immediate deportation and released Mr. Snellenberg on bond, providing he would report his whereabouts every six months to the local office. Inasmuch as Mr. Snellenberg has lived a blameless life for many years in this coun- try, has a wife and three children, and a reputation for honesty that is above reproach, he felt, and I think justly, that he is entitled to an unconditional acquittal. As 130 COMMUNIST AND ANAKCHIST DEPORTATION GASES. a result of his decision he still is required to paylargeintere8tonthe$2, 500 collateral he put up to get his bail from the bankers, and this is quite oppressive. I also wish you to remember that I explained that Mr. Fisher and Mr. Snellenberg were far from being friends. I can not add to what I have already said to you heretofore; that I regard the entire proceeding as a mistake and that Mr. Snellenberg should have never been arrested and that he should be released. With kind regards, I am. Very truly, yours,, Thos. R. Hoenbr. The City of Seattle, Legislative Department, Seattle, Wash.,_March 20, 1920. Hon. Louis F. Post, Bureau of Immigration, Depitrtmeni of Labor, Washington, D. C. My Dear Post: I am writing to you concerning the long pending case of deportation gainst Alexander Snellenberg, of this city, and I hope you will pardon me for plain speaking when I tell you that I can not understand why the bureau will not re- lease him. It can be truthfully said, without the slightest degree of exaggeration, that Snel- len'berg is one of the good citizens of Seattle. He has been in America, I believe, about 20 years; has a wife and three cuildren, aaid owns his own home. Both he and his wife, who was a Russian Jewess, are refined, intelligent, and'tenderly sympathetic people. Snellenberg is head, or, at least, was head, of the Occidental Sheet Metal Works of this city, and is a hard working and intelligent man. He works hard all day, goes home to his family, stays there, and the next day repeats the same program. He is an honest and a reliable man, and when he gives you his word you can rely on it. He tells me that the banks have so stated to you in letters, and whether they have or not, it is a fact. If patriotism and solid citizenship is what is sought, he is just the kind of men we should seek, because he works hard and is devoted to the health, education, and standing to his growing family. During the war he was for the Allies, even before we went into the struggle, and always manifested his feelings against Germany. He was born in Holland. I can not say more than this, for I can not imagine what you have against this most excellent man nor solve in my own mind why you should hold him, unless it is because he is a single taxer, to which he pleads guilty. Sincerely, yours, Oliver T. Erickson. Noted March-25, 1920. L. J. P. Department of Labor, Office op the .\ssif!TANT Secebtarv, Wash^nnton, March 2^, tf)?0. For: Commissioner General of Immigration. From: .\Bsigt.ant Secretary. Subject: Alexander Snellenber.», -54.517/2:3. The warrant of arrest in this ca.se was issued .July 19, 191S, on application of the Seattle office. The alien, having been arrested thereunder, was bailed in the sum of |5,000; noti- fication whereof was given August 2, 1918. By order of December 27, 1918. hi.< bail was reduced to $2,000. The hearing under the warrant did not take place until January 28, 1919. The recOTd was not transmitted to the department until March 7, 1919. From the record of the hearine it appears that the examination was conducted by Inspector Fislier. Bis report finds that the alien "has been found advocating or teaching anarchy" and "that he is in the country in violation of the act approved October 10, 191,S, in that he is affiliated with an anarchistic organization." When the record had reached the Bureau of Immigration at Washington it was summarized fairly in a bureau memorandum of ^May 19, 1919. This memorandum stated that although alien had admitted that he might be called a philosophical anarchist, there was nothing in the record to indicate tliat he had taught anarchy, either by word of mouth or distribution of literature A quotation from Ms testimony was made in the memorandum to show him to be a "radical"— a state of mind wliich docs not come under the ban of any immigration law— which really shows him to be COMMUNIST AND ANABCHIST DEPORTATION CASES. 131 opposed to anarchiatic government even as an idearand opposed to overthrowing the Government, though favoring govermental changes by "spreading reformative ideas, perhaps by the ballot, perhaps by other ways."' The memorandum closed, however, with a recommendation that final action be postponed tor six months, the alien to be released uijon hia own recognizance with tiie understanding that he wbuld report at intervals of three months to the Seattle immigration office 'as to his conduct and occupation. This recommendation was approved by the department, doubtlesa as preliminary to complete release. Indignant at the condition imposed, the alien, who has long held a position of good standing in his community, refused to sign the stipulation. Thereupon, .Time 26, 1919, he was permitted to remain at large under the still existing $2,000 bail bond. On July 2, 1919, a further memorandum to the department was prepared in the Bureau of Immigration. It recommended that the bond "taken in the case of this alien shall be canceled and alien released." This memorandum was not signed bv the commissioner general and, consequently, so far as can be learned form the record!, was never transmitted by the bureau to the department. A letter from the alien's attorney, under date of January 15, 1920, addressed to the Assistant Secretary and sent to the bureau for attention, remains in the file unanswered until to-day, when the file comes to the attention of the department through the hereunder letter of March 20, 1920, from the chairman of the city utilities branch of the legislative department of Seattle, Hon, Oliver T. Erickson. The foregoing statement is placed in the file for the purpose of explaining the depart- mental letter of this date, of which copies are also attached to the file, and for the pui-pose of explaining the present action of the department in the case. Cancel warrant. LoTjis F. Post, Assistant Secretary. March 26, 1920. Thomas R. Horner, Esq., Seattle, Wash. My Dear Mr. Horner: Your letter of January 15, 1920, regarding Alexander "Snellenberg's case was promptly received and placed in due course for departmental attention. It is with great regret, however, that I am obliged to apologize to you for . not making acknowledgment more promptly. The letter did not agam come to my attention until yesterday. It was then brought to my attention by a letter from Hon. Oliver T. Erickson, of Seattle, whose protest caused me to examine the bureau's files. Upon this examina- tion I came to the conclusion that the warrant should be immediately canceled. It was done to-day. In view of the manifest injustice to Mr. Snellenberg, which the long delay in releas- ing him from his bail and the continued reflection of such charges upon his reputa- tion must have imposed, I think it onlj fair to assure him, through you as his counsel, that not only is the warrant upon which he was arrested now canceled and the case closed, but that the official record shows the charges to have been baseless. Very truly, yours, Louis F. Post, Assistant Secretary. March 26, 1920. Dear Mr. Erickson: In response to your letter of March 20, 1920, in the case of Alexander Snellenberg, I have examined the file and find the charges against him to have been unfounded. I have therefore canceled the warrant and notified his attorney, Mr. Horner. This ends the case. I deeply regret the long delay. While I can not jiistify it, I hope it may seem to you to be excusable when I tell you that thousands of cases under the immigration laws pass through this department every year and that the records are often, as they were in this case, very bulky. At any rate, I thank you for calling my attention to the case and thereby enabling me to dispose of it in the only way in which, as the record shows, it -could be disposed of. Sincerely, yours, I.ouis F. Post, Assistant Secretary. Hon. Oliver T. Erickson, City UHlitii's Legislative Department, Seattle, Wash. 132 COMMUNIST AND ANARCHIST DEPORTATION CASES. PHILOSOPHICAL ANARCHISTS. As one of the questions relating to the case just quoted pertains to what is called "philosophical anarchists," it is thought that a mem- orandum of the Assistant Secretarj?' and a digest concerning this subject, the latter evidently prepared by the bureau, will be of interest. They read as follows: Department of Laboe, Office of the Assistant Secretary, Washington, June 10, 1919. Memorandum. For: The Secretary. From: The Assistant Secretary. Subject: News Release re Boston Anarchist Cases. The matter hereunder is submitted by the Bureau of Immigration for release. I question the fourth paragraph, which conta;ins a statement of departmental policy prior to the act of 1918. As I remember, the department had not then adopted a policy as to "philosophical" or "Toktoyan" anarchists, and the act of 1918 was passed, in this particular, to remove the doubt. If the fourth paragraph correctly represents the department's policy prior to that act^ the whole should be released. Otherwise the fourth paragraph should be altered or : truck out. I submit the matter for instructions. Louis F. Post. AssiMant Secretary. Delete paragraph from W. B. W. June 11, 1919. Noted June 11, 1919. L. F. P. THE boston anarchist CASES. Information has been received by the Commissioner General of Iramigration that Judge Aldrich, of the district court for the district of Massachusetts, has rendered a decision sustaining the action of the Secretary of Labor in ordering the deportation of ■ the nine anarchists, Luigi Galleani, Giovanni sFrizzetti, Giuseppe Solari, Tugardo Montenari, Vincenzo De Lecce, Giobbe Sanchini, Irma Sanchin, Alphqnse Fagotti, and Raffaele Schiavina. A copy of the decision rendered by Judge Aldrich has been received by the bureau. The court has sustained the department's view of the law in each and every respect in which attempts were made in these cases, by the attorney representing the aliens to have the law so construed that it would not include the cases of these particular anarchists. This group of anarchists includes several several persons regarded by the Bureau of Immigration as among the inost dangerous aliens yet found within the country. Luigi Galleani, the most prominent person in. the group, is regarded as the leader among the Italian anarchists throughout the United States, especially in New England. He has for many years been the editor and publisher of a paper called Cronaca Sov- versiva, which boasted on its title page that it was the principal anarchistic journal in the United States. The other members of the group were identified in one way or another with either the publication or the distribution of the paper mentioned. Most of the aliens have been in the United States for a number of years. Galleani has lived here for about 16 years, having come to this country after escaping to Fgypt from an island in the Mediterranean Sea to which he had been banished by the Italian Govern- ment for his anarchistic activities in Italy. All of these aliens claim to be "philosophical anarchists," asserting that they do not believe in and had not advocated or taught the destruction of government by forcible means, but were simply believers in the doctrine that government is an unnecessary institution and had been teaching this doctrine simply as a philosophy. Even before the act of October 16, 1918, relating to the anarchistic and similar classes, was passed by the Congress the department held that the immigi-ation law was intended to exclude and expel from the United States all aliens who were anarchists, whether they were of the so-called philosophical type or were actually engaged in or advocating destruction by force; but the pre\ious law was limited as to the time within which aliens who became anarchists after entering the United States could be deported, and in suggesting the passage of the later measure the main purpose of which, was to remove this time limitation, the department at the same time asked that the wording and punctuation of the law be so changed as to remove any possibility of COMMtTNIST AND ANAECHIST DEPORTATION CASES. 133 doubt as to the intent of Congress to exclude and expel from the country alien anar- chists of any and all descriptions. The department took the view that those who teach anarchy as a philosophy are just as dangerous as, or perhaps even more dangerous than, the more violent type of anarchists, especially because these "philosophers" are usually men of education and capable of being leaders, because of the insidious and quiet ways in which they can work to spread the dangerous doctrines, with the result that their disciples, often not so well educated and not capable of restraining themselves simply to a view of the "philosophical" side of the patter, usually are inclined to resort to lawlessness and violence with the object of putting into immedtiate practical operation the "absence of all government and all authority " taught by their philosopher friends and leaders. The Committee on Immigration of the House of Representatives in recommending to Congress the passage of the act of October 16 expressed this same view in no uncer- tain language, and as the act was passed by both Houses with that report before them it is natural to assume that the legislative branch of the Government has given un qualified approval to the idea. Its soundness is well illustrated by an incident which happened m connection with these very cases. Luigi Galleani, while at large under bond with the department's proceedings pending against him, made a speech at Man- chester, Mass., in which, of course, he discussed the theory or philosophyof anarchy. Shortly thereafter a bomb outrage occurred in Manchester, the aliens- taking part in it apparently all being blown to pieces in the explosion which they planned to carry out. Of course, it is impossible to say that these particular anarchists obtained solely trom the speech made by Galleani the idea of using force in this particular case, but the circumstance that the explosion followed the speech in very quick order and occurred in the very place where the speech had been made is by no means lacking in significance. Judge Aldrich, after pointing out in his decision that it had been conceded before him in argument that the nine persons ordered deported by the department were anarchists, analyzed the act of October 16, 1918, directing attention to the broad and inclusive nature of its terms and the careful manner in which it was punctuated, and, held that Congress, having in that act "declared against all aliens who are anarchists, the declaration must be accepted as meaning tha^t Congress was of opinion that the presence of alien anarchists is of^nsive to our society and dangerous to the Govern- ment, and it must be assumed that the enactment in this respect was based upon the idea that the Government possesses the right to determine who shall be members of its community — a right which may be exercised by all nations and a right which may be exercised both in peace and war." CASE OF ALBERTO GUARELLO. A case of interest along the same line, "philosophical anarchists," is that of Alberto Guarello, bureau file 54861/162. In this case, like the Snellenberg case, the alien admitted that he was a "philo- sophical anarchist. " His attorney, in the brief submitted, admitted that the alien had so stated, but then went on to try to qualify that admission. The commissioner of immigration at New York recom- mended deportation. The facts were fairly set out in the bureau's summary. The commissioner general recommended deportation. After reviewing the record the Assistant Secretary canceled the warrant of arrest without comment. The documents mentioned read as follows : [Department of Labor, Immigration Service.] Office of Commissioner of Immigration, Ellis Island, New Yorh Harbor. Commissioner General of Immigration, Washington, D. C: I forward herewith record of hearing in the case of Alberto Guabello, arrested on department warrant No. 54861/162, dated February 12, 1920. This man is 46 years of age, married, a native of Italy, claims to have resided in the United States 22 years, but has never taken any steps toward acquiring citizenship. The alien admits that he is a member of the Francisco Ferrer Association, an organi- zation shown by the record to be anarchistic and having as its chief aim the diffusion 134 COMMUNIST AND ANARCHIST DEPORTATION CASES. of radicalism and terrorism. Fm'thermore, the alien admits he is a member of the I. W, W., an organization whose doctrines of sabotage and destructioii of private property promote anarchy. You will note also that the alien testified (p. 3) that he IS a philosophical anarchist. In my opinion, the charges in the warrant of arrest have been fully sustained. I therefore recommend the alien's deportaHon to Italy, the country whence he came. (Si^ed) Byron H. Uhl, Acting Commissioner. BKIEr OP COUNSEL. Alberto Guahello. — ^He had admitted that he is a philosophic anarchist, but he says he believes in law and order and would not try to overthrow the Government of the United States or of any other government by force and violence or by any other means. He is simply an idealist who has visions of the day when everybody will be good merely for the sake of good. He SBiys, however, that he believes in a police force and in the maintenance of law and order. Counsel does not believe that he is the kind of person the legislators contemplated having deported when the various deportation acts were passed. If released and given a chance, counsel beheve that the authorities will never xigain have cause to take him to task. He promises to apply for citizenship papers on being released. He lias a wife and two children, born in America, facts that ought to be taken into consideration. We respectfully pray that the authorities exercise leniency in this case and release him. He promises that he will never again have anything to do with anarchy. He certainly ought to be given a chance, put on probation, as it were, with the under- standing that if he a^in transgresses, he will be summarily dealt with. Respectfully submitted. Henry Marells. Jos. Gandielle. April 5, 1920. Memorandum for the Assistant Secretary: In re Alberto Guarello, age 46; married, wife and two United States bom children in United States of America; born, Italy; landed. New York, steamship Navaralo, 22 years ago; in detention. Warrant of arrest issued in usual form and manner in this case, February 12, 1920, and alien accorded a hearing thereunder at Ellis Island, New York, February 25, 1920. No brief has been submitted by counsel for the alien. The alien has taken no steps to become a citizen of this country. Alien was arrested in Italy before coming to this country for being a liberal radical, locked in jail for five months, after which he says he was released without a trial. He has been 22 years in this country and has not taken one step to become natural- ized. He is next observed in this country as having, in 1908, joined the Gruppo Anarchico L'Era Nuova, from the minutes of the meetings of which (introduced in evidence in this case) it will be seen was anarchistic in act as well as in name. This body met at the office of and conducted the newspaper Era Nuova, suppressed by the Government at the beginning of the war. He contributed and made donations to this paper. He remained in this organization until the beginning of the war, when the paper was suppressed, but whether the organization ceased at liat time is doubt- ful, and it is hinted by the examining officer in his findings that the paper, supposedly suppressed when the war commenced, still continued to be printed in secret as late as March, 1919. Alien was at least active in the organization in May, 1915 Csee min- utes meeting of May 7), and this organization seemed to have been succeeded by the Ferrer Association in October, 1916, with which the alien seems at least equally active. Alien is next noticed in connection with the Ferrer Association. This body seems to have had a very close connection with the organization referred -to in the preceding paragraph. Note reference, page 1, Exhibit D, minutes meeting June 2, 1917. In September, 1917, same exhibit, page 2, minutes meeting September 13, the alien is noted as seconding a motion to dispense money to political victims and general prop- aganda. Alien seems to have dropped out, as far as the records show, until the fall of 1919, when he again becaine active, and his dues ther^n are noted paid to and including February, 1920. He states he didn't ask to see the program of the associa- COMMUNIST AND ANARCHIST DEPORTATION CASES. 135 tion; that he knew what it was. He then states that he didn't subscribe to the pro- gram of the Ferrer Association, but in view of the fact of his former activity in this and other radical associations, coupled with the facts that he joined, paid dues, and got a membership qard, wholly refutes any such self-eerving declaration. It is generally obvious that persons are not admitted to associations unless they subscribe to the rules,, programs, etc., thereof. Much more careful would an organiza- tion of this nature be in regard to a detail Of this nature. The exhibits introduced in the case show the Ferrer Association to be decidedly anarchistic from many angles — first, by declaration of their principles in program form, second, by contributing financial aid to radical purposes, third, by subscribing to a great variety of anarchistic and other radical papers, magazines, etc. Alien attended a meeting of the association two dajfB before he was arrested and was placed on a committee on that date. Many declarations and manifestos were taken on warrant from this body or association, and introduced in the case. Alien says he is a philosophical anarchist. This he states on page 2 to be "a state of society where every man will be so educated that it will not be necessary to impose anything on the people by violence or by laws. That's my ideal." He says that's his principle and belief. This he further amplifies, top page 4, "laws will not be necessary." He says this would be arrived at through "propaganda and education," the usual method pursued by radicals to disseminate their doctrines. Alien's connec- tion with matters of a radical and anarchistic natures seems to be of long standing. His activities show he is an alien anarchist; that he believes in the overthrow by force or violence of the Government of the United States and advocates such doctrine; that he believes in and advocates the overthrow by force or violence of all forms of law; that he disbelieves in and is an opponent of all organized government. This is shown by alien's admissions and by the fact that he joined and subscribed to programs of ■organizations that all stood for such principles. The examining officer recommends deportation, in which the acting commissioner at Ellis Island, N. Y., concurs. The evidence submitted and adduced establishes, and the bureau finds, that this alien is in the United States in violation of law (act of October 16, 1918) and is subject to deportation therefor, this on the grounds, and it is so found, that he is an alien anarchist; that he believes in. and advocates the overthrow by force or violence of the Government of the United States; that he believes in and advocates the overthrow by force or violence of all forms of law; that he disbelieves in and is an opponent of all organized government. The bureau therefore recommends that the department issue its warrant for his deportation to Italy at Government expense. A. Caminetti, Commissioner General. Cancel. Louis F. Post, Assistant Secretary. ERNEST A. MAY DEPORTED TO CANADA AND BROUGHT BACK. A person with a sense of humor should appreciate the case of Ernest A. May, bureau file 54717/11. In this case the alien was ordered deported to Canada, he being a citizen of that country. A warrant of deportation was issued and forwarded to the field officer at Detroit with instructions to deport the alien to Canada. The Assistant Secretary later decided to reopen the case and issued instructions accordingly, but, before his instructions reached Detroit, . the field officer had accomplished the alien's deportation. Upon being advised that the alien had been deported, the Assistant Secretary immediately issued instructions by wire to the field officer to the effect that tha alien was to be brought back from Canada and the original deporta- tion proceeding reopened. 136 COMMUNIST AND ANARCHIST DEPOKTATION CASES. CASES OF LAS8EFF ET AL. A memorandum issiied by the Assistant Secretary April 20, 1920, is very interesting, it reading as follows: Apkil 20, 1920. Memorandum For: The Commissioner General of Immigration. Prom: The Assistant Secretary. Subject: In re A. Lasseff, No. 54810/964, Bondarenko, No. 54809/871, John Bolson, No. 54860/709. Under date of April 9, 1920, aliens at Philadelphia charged with being in this country contrary to the act of Congress of October 16, 1918, addressed the following communication to the Secretary of Labor: "Whereas, for the period of three months of our arrest we were not informed con- cerning our future destiny. "Whereas, the majority of us, as the result of arrest, lost their employment, are economically utterly ruined and with no means for livelihood. "Whereas, many of us have families with small children whose sole supporters we are. "Whereas, we have committed no criminal offense, except having expressed owe deepest devotion to our beloved mother country Russia, from which we were forcibly taken away. "Whereas, the anger of employers, which is not hidden from us, and the impossi- bility of remaining at our old posts on account of being under arrest, for the purpose of obtaining work and means for livelihood. "Therefore, we demand that we either be liberated or immediately deported into Soviet Russia, the country of which we are the citizens. In the first instance, to return the bails put in for us. In the second instance, to deport together with us our wives and children and give us at least 7 or 10 days' notice prior to our departure Submitted. a. lossiepf, John Bolson, S. Bondarenko, Committee on Resolution. As the only names given are those of the committee who signed the address, theirs are the only cases to which attention can be given at this time. They are A. Lassieff, S. Bondarenko, and John Bolson. An examination of the Bondarenko file (No. 54809/871) discloses the following facts: On December 12, 1919, a Complaint against him (on information and belief derived from personal inquiries and investigations of employees of the Bureau of Investigation of the Department of Justice, by a special agent of that bureati) was made to the Department of Labor, whereupon, on December 29, 1919, a warrant of arrest under the act of October 16, 1918, was issued by the Acting Secretary, bail being fixed at $10,000. Afterwards reduced to $3,000, bail was given on February 4, 1920. The alien was thereupon released, having been in custody since January 2, 1920, a little more than one month. At his hearing on January 4, 1920, before an immigration inspector, it appeared that the alien has been in this country since 1913; that he was a member of the Communist Party, and that he was a secretary of one of its branches. The record of hearing did not reach the department until April 19, 1920. Upon this record it is found that alien was a member of the Communist Party, a proscribed organization within the meaning of the act of October 16, 1918. It is therefore directed that alien be deported solely tor membership in the Communist Party. Examination of the file of A. Lossieff (54810/964) shows that the Secretary's warrant of arrest under the act of October 16, 1918, was issued December 23, 1919, with bail fixed at $10,000; that the bail was afterwards reduced to $1,000, which was given on January 5, 1920; that the alien was accorded a hearing before an immigrant inspector on January 5, 1920, and January 28, 1920; that from these hearings it appears that he has been in the Uhited States since 1913; that he has a business ofhis own (suit cases); that he belongs to the Communist Labor Party, having joined the Socialist Party and remained with his branch after it affiliated with the Communist Labor Party, and that he continued to be knowingly a member of the latter organization. The record of hearing did not reach the department until April 19, 1920. COMMUNIST AND ANABCHIST DEPORTATION CASES. 137 Ab the Secretary has not yet decided whether or not the Communist Labor Party comes within the proscription of the act ot October 16, 1918, it is directed that action in this alien's case be deferred until the secretary shall have passed upon the legality of the Communist Labor Party. The file of John Bolson (54860/709) shows that he was arrested by agents of the Depart- ■ mfflit of Justice at a meeting of the Communist Party on January 2, 1920; that a war- rant of the Secretary of Labor for his arrest was issued 12 days later (January 14, 1920) upon an affidavit of a Department of Justice agent, dated January 12, 1920, stating on information and belief (phased upon personal inquiries and investigations by em- ?layees acting under his direction) that the alien was a member of the Communist 'aarty . The alien was accorded a hearing on January 10 at the ofiice of the Bureau of Investigation, Department of Justice, in the post-office building at Philadelphia before an immigrant inspector and a special agent of the Department of Justice, four days before the issue of the warrant of arrest, and on January 15, at the same place but before an immigrant inspector pursuant to the warrant of arrest. On the latter date the division superintendent at Philadelphia of the Bureau of Investigation of the Department of Justice certified that all the evidence available in the hands of his bureau had been submitted. Upon the evidence reported by the immigrant inspector it appears that the alien came to the United States in 1912; that he was a member of the "Russian Benevolent Association," of the "Russian Musician's School," and of the "Technical School of the Soviet Russia," none of which are shown to be within the proscription ot the act of October 16, 1918; that he denied membership in thfe Communist Party, which is within the proscription of that act; that his name appeared in a list of members of that party, but there is no evidence of his having authorized the same; that alien denies membership in the "Union of Russian Workers" and other organizations within the proscription of the act of October 16, 1918, and there is no valid evidence of such membership in the record. The record in this case was trans- mitted to the Commissioner General of Immigration February 24, 1920, by the com- missioner of immigration at Philadelphia. It came for the first time to the attention of the Department of Labor on April 19, 1920, in consequence of the address quoted above. The alien has been in prison ever since his arrest on he 2d of January, a period of more than tw months and a half. The charges in the warrant of arrest not having been sustained the warrant is hereby canceled. Louis F. Post, Assistant Secretary CASE OF SAM CRANE. The case of Sam Crane, bureau file 54709/511, is one of interest. Crane was born in Canada, was well educated, taught school in Canada for some years, later studying law at Ann Arbor. He crossed the line between Canada and the United States a number of times, and finally, about 1906, settled in the city of Spokane, Wash., and shortly afterwards declared his intention to become a citizen of the United States. Within a short time after obtaining his first naturalization paper he made application to be admitted to the bar in the State of^Washington, and at the time he made his applica- tion swore that he was then and there a citizen of the United States. He passed the bar examination and was admitted to practice law in that State. He immediately associated himself with radicals of all types, but principally with the I. W. W., and handled many of the legal matters for that organization. He also made public speeches for, or in the interest of said organization. He had many clashes with the city and county authorities, and being a large, strong man and a fighter, he was seldom arrested until after he had been com- pletely overpowered by numbers, in each instance giving a good account of himself in the fight. At one time he started a fight in the court room where he was being tried on some charge, and it took six police ofiicers to control him. The court room was wrecked. When the Communist Party came into existence he sympathized with and entertained their doctrine, still making public speeches. 138 COMMUNIS* AND ANABCHIST DEPORTATION CASES. He was disbarred from practice and enlisted in the British Army^ went foreign, and it is reported spent most of his time in the guard- house. He was discharged in 1918 and returned to the United States through the port of New York, proceeding immediately to Spokane, where his wife and daughter had been supported almost entu-ely by the Eed Cross during Crane's absence. After arriving at Spokane he himself asked for and received assistance from the Red Cross, and further assistance was rendered his family after his return. He renewed his radical activities and was finally arrested on a charge of criminal syndicalism. At the time of his arrest nearly 2 tons of I. W. W. sabotage literature was seized in his residence. He had never completed his citizenship in the United States and a deporta- tion proceeding was started in which he was charged with being vn- lawfuUy in the United States, not only on grounds growing out of his activities against the Government of the United States, but on the ground that he had admitted the conmiission of a crime involv- ing moral tm-pitude, and that at the time of his entry to the United States in 1918 he was a person likely to become a public charge. The "moral turpitude" charge was based on an admission made by him to the effect that he was not a citizen of the United States at the time he made oath that he was such in his application for ad- mission to the bar, the crime being that of perjury. The record of his hearing is voluminous. Many of his radical speeches had been reported by a court reporter employed for that purpose by local authorities. Transcripts of these speeches were introduced in the deportation record after he had examined them and pronounced them correct. He was questioned regarding his beliefs and stated that he believed in changing the Government of the United States. He said, with reference to bringing that change about by the ballot, that he had favored the ballot once, but had gotten over that long ago. He stated that his doctrine was the communistic doctrine and that he had been spreading the same. The record was completed and eventually came to the Assistant Secretary for decision. The warrant of arrest was canceled by his orders. Documents pertaining to this case read as follows : SUMMARY AND FINDINGS. The record in this case shows that Sam Crane, 50 years of age, was born in Canada, and is still a citizen of Canada; that he entered the tjnited States, with the intention of taking up a permanent residence in 1905 , going to Spokane , Wash. , where he located ; that August 28, 1906, he declared his intention to become a citizen of the United States, and September 25, 1906, made application for admission to the bar of the State of Washington; that he was subsequently admitted to the bar, and practiced law in the city of Spokane up until 1917, during wliich time he appeared as attorney for the I. W. W. organization, and members of that organization arrested on various charges; that he also made public speeches on behalf of the orgajiization; that a disbarment proceeding was started, ancf after a hearing before the State Board of Law Examiners for the State of Washington, held November 22, 1917, Crane was debarred from the practice of law in the State of Washington. He then enlisted in the Two hundred and twenty-third Mobile Company, Royal Engineers, British Army, holding !\o. W. R. 313370, and after a time in Canada was sent over the sea. He was discharged by the British Army Nov. 29, 1918, and returned to the United States on the steamer LaplflvH arriving at the port of New York in December, 1918, proceeding directly tO' Spokane, Wash. During his army service his wife and child, living in Spokane, were supported almost entirely by charity, through the Red Cross organization, and con- tinued to draw money from the Red Cross organization after Crane returned to Spokane , he, himself, also being assisted by the Red Cross after his discharge from the Army. COMMUNIST AND ANAECHIST DEPORTATION CASES. 139- The records of the Spokane police department show that from 1909 to 1919, Crane has been arrested periodically on various charges, principally violations of the city ordnances, and in the majority of cases convicted. He was also convicted in the Superior Court at Spokane, Wash. , on a charge of slander, date of such conviction being Jxily 14, 1915. Upon his return to Spokane, Crane again took up his activities in connection with the I. W. W. organization, and continued his policy of jjublic speaking on behalf of that organization and similar organizations, a number of his speeches were reported by a court reporter employed by the Spokane police department. A transcript of these speeches, which Crane at the time of his hearing examined and stated were correctly reported, are made exhibits in this case, and a careful reading of them in my opinion sustains the charge that he disbelieves in all organized government, and that he is an opponent of all organized government. In his testimony, pages 11 and 12, he states that he is a believer and advocator of the communistic system of government, advocated by Karl Marx, and set forth in the latter's communistic manifesto. In Crane's residence at Spokane a ton or more of I. W. W. literature was seized. A list of the various I. W. W? pamphlets seized is attached to the record and made an exhibit in the case. Among the literature numerous copies of the I. W. W. song book,, tenth edition, Joe Hill Memorial; Sabotage by Pouget; Sabotage, by Elizabeth Gurley Flynn; New Unionism, by Andre Tridom, and other extremely radical pamphlets were found. The fact that such a large number of copies of these books were found in Crane's possession in my opinion is prima facie evidence of the fact that he had same for distribution, in spite of his explanation that same were given him to destroy. The large number of membership books, preamble and constitution, supply blanks, etc., which are continually used by the organization, and which he says were given him with the radical literature for destruction, discredit his story, as it would be equivalent to-throwing money away for the organization to destroy supplies which they are con- tinually using. 'The above-mentioned literature which, as I stated, in my opinion is prima facie evidence that Crane had same for distribution, together with Crane's statements with reference to his belief in and the fact that he had been advocating in favor of the communistic form of govermnent, also supports the charges in the warrant with reference to his disbelief in all organized form of government and his opposition to all organized form of government. The testimony of City Attorney Hooper, called as a witness by Crane; Police Judge Witt, also called as a witness by Crane; Detec- tives Fordyce and Alderson, called as witnesses by the Government, all support the foregoing contention. On page 3 of his testimony Crane, in my opinion, admits the charge contained in the warrant to the effect that he had committed a felony or other crime or misde- meanor involving moral turpitude prior to his entry to the United States in that he admits that in 1906 he made affidavit in his application to the Supreme Court of the State of Washington for admission to the bar to the effect that he was at that time a citizen of the United States. As a matter of fact, Crane is not and never was a citizen of the United States. He had declared his intention to become a citizen of the United States one month prior to the time he made the affidavit in court. He testified that he had studied law at Ann Arbor, Mich., prior to that time; that he was qualified to pass the bar examination, and did pass it, and he must, therefore, have known that a declaration of intention to be a citizen of the United States did not in any manner confer citizenship upon him. In my opinion he deliberately committed perjury at the time he secured his admission to the bar, and he unquestionably admits that act of perjury in his testimony on page 3. Crane is a man above the average in intelligence and a forcible talker who unques- tionably carries great influence among the radicals with whom he associates and a dangerous man to have spreading the doctrine which he has been spreading in the United States. After carefully considering the testimony adduced in this case, I find Sam Crane to be an alien, a citizen of Canada; that he entered the United States through the port of New York on the steamship Lapland December, 1918; that he is a disbeliever in all organized government; that he is an opponent of all organized government; that he admits having committed a felony or other crime or misdemeanor involving moral turpitude prior to his last entry to the United States, and that he was a person likely to become a public, charge at the time of said entry. I therefore recommend that he be ordered to the country whence he came or of which he is a citizen and subject in conformity with the law. Thos. M. Fisher, Immigrant Inspector. 140 COMMUNIST AND ANARCHIST DEPORTATION CASES. March 26, 1920. In re Sam Crane, aged 50; native of Canada; British subject; last entered the United States at New York, per S. S. Lapland, about December, 1918. Confined in jail at Seattle, in default of bond in the sum of J2,000. Memorandum for the Assistant Secretary: Departmental warrant issued in this case November 26, 1919, pursuant to the act* of October 16, 1918, and October 5, 1917, it being alleged that he disbelieves in all organized government; that he is an opponent of all organized government, has been convicted, or admits having committed a felony or other crime or misdemeanor involv- ing moral turpitude prior to his' entry into the United States, and that he was a person likely to become a public charge at the time of his entry. He was accorded a hearing under the above-mentioned warrant at Spokane, Wash., December 3, 1919. Alien is an attorney at law, and conducted his own defense. The record discloses in this case that the above named, Sam Crane, came to the United States from Canada about 1903, and lived in this country the greater part of the time from that time up to and until about 1917, when he enlisted in the British military forces, at Spokane, and returned to Canada, prior to embarking for service overseas. He is married, and has a wife and an American born child aged 10 years. His wife is a citizen of Canada, and both she and the child are living in Spokane. It appears that during his military service his wife and child received considerable assistance from the Red Cross organization. The record further discloses that alien declared his intention to become a citizen of the United States in August, 1906, and one month later applied for admission to the bar, State of Washington, and was later admitted and practiced law in the city of Spokane, until 1917, and that in November, 1917, he was disbarred from the practice from the practice of law in the State of Washington; that, when he applied for admis- sion to the bar, he made a fraudulent affidavit that he was a citizen of the United States; and, further, that during his residence in the United States prior to 1917, and subsequent to his return thereto in 1918, alien has been frequently arrested on various charges, principally disorderly conduct, and in most cases was convicted; that on June 23, 1919, he was arrested at Seattle (Spokane) on thff charge of criminal Syndicicalism, and on July 2, 1919, was found guilty, and appealed, the appeal, so far as the record disckises, being still pending, and alien released on bail in the sum of $2,800. Alien admits that, at the time of his last-mentioned arrest, there was found a great quantity, about a ton, of I. W. W. literature, explaining that this literature had been taken from the I. W. W. by the United States Government, and that as the organiza- tion was paying storage charges on it, an officer of the organization suggested that he take it to his home for use as fire kindling, etc., inasmuch as the organization had directed that it be burned. He also admits that he has given away some of the litera- ture (I. W. W. song books). Witness M. M. Ander.wn, police ofRi,-er, testified at tlie hearing that he was present when alien was being tried for cri'uinal ayndicalisni about July 1, 191^; that, taking the stand in his own behalf, alien, in answer to questions put by the prosecuting attorney, made a Btitement in regard to the revolution, and when asked it he meant by ballot, testified that he did not, that he was foolish enough to do that at one time, but not any more. I'The inference hereis plain that he advocates force and violence Witness .'Vnderson appears to liave made a stenographic memorandum of alien's testimony at the trial, and Anderson's testimony is corroborated b\' another polite officer, who also appeared as a witness at the hearing. ; The police judge who officiated at the trial was also called as a witness but could not recollect this particular testimony, while the prosecuting attorney, appearing as a witness at the hearing, testifying from his recollection, stated that the oflicer's state- ments were correct, at least in part— that he could not recollect positively all of the testiiriony on this particular subject. Transcripts of a number of alien's radical speeches were introduced at the hewing and they will be found attached to the record, he having stated that same were, in general, true transcrijjticns The examining inspector recommends deportation, which recommendation i.s con- curred in by the commissioner at Seattle. The record in its present shape does not, in the bureau's opinion, contain suflicient evidence to sustain the first charge in the warrant, i. e., that alien is an opponent of all organized government. Nevertheless, considerable damaging testimony tending to establish this charge is introduced, consisting principally in the testimony of the two witnesses who testified as to alien's statements, to wit, that he no longer believed in the efficacy of the ballot, or that he used to be so foolish as to entertain that view, any longer; or, in substance at least, and in other words, that he advocates force and COMMUNIST AND ANAKCHIST DEPORTATION CASES. 141 violence; his statement to the effect that he indorses the communist manifesto by Carl Marx: his admission that he gave (or distributefl") the Joe Hill memorial edition of the I. W. W. song book; his speeches and continued activities all going to show that he is a radical of the extreme type. Only the covers of the song took, Joe Hill memorial edition, were introduced as evidence at this hearing. It is possible that a complete eshihit of that edition might, in view of its distribution by alien, be sufficient to sustain the charge under discussion. It is likewise held by the bureau that the evidence presented does not substantiate the second charge contained in the warrant, viz., that he has been convicted, or admits having committed a felony or other crime or misdemeanor involving moral txupitude prior to his entry into the United States. The bureau is of the Opinion, however, that the third clause — that he was a person likely to become a public charge at the time of his entry — has been clearly and definitely established. This, in view of his police record during the tjLme of his prior residence in this country, which shows that, on account of his radical ideas and general disregard for law and order, he was periodically arrested and in continual conflict with the laws of the community in which he resided, the same conditions prevailing following his last arrival in December, 1918, all of which, when considered in con- nection with all of the other facts mentioned in this memorandum, shows that alien was clearly a person who should have been excluded at the time of arrival as a person Kkely to become a public charge. The bureau, therefore, finds that this alien is in the United States in violation of law ^act of Feb. 5, 1917) and is subject to deportation therefor, this on the ground, and it is so found, that he was a person likely to become a public charge at the time of his entry into the United States. It is therefore recommended that the department issue its warrant for his deporta- tion on that ground, such deportation to be to Canada at Government expense. A. Caminbtti, Commissioner General. Deport: Cancel as to all charges but 1. p. c. (meaning likely to become a public charge). Suspend proceedings until judgment of State courts on appeal, meanwhile "relevant" (meaning release on his own recognizance). Louis F. Post, Assistant Secretary. [Department of Labor. Telegram.] Seattle, Wash., April 2, 1920. Immigeation Bdheat;, Washington, D. C: ' Bureau telegram to-day. Case Sam Crane. State charge against him dismissed; account dismissed State charge. Advise as to release. Sabgbnt. (9.30 a. m., Apr. 3.) April 8, 1920. (54709/511.) In re Sam Crane. Supplemental memorandum for the Assistant Secretary. The facts in this case are recited at some length in the bureau's memorandum of the 26th ultimo. You directed at that time that the warrant be considered as canceled as to all charges but gne, viz: That the alien was a person likely to become a public charge at the time of his entry. You further directed that the proceedings be con- sidered as suspended pending determination of the alien's case in the courts, where it was then pending. A telegram has now been received from the Seattle ofllce advis- ing that the charges against the alien have been dismissed in the State court. As this presumably ends the case, in so far as the courts are concerned, the alien is now in the hands of the immigration authorities by virtue of the outstanding administrative warrant for arrest. The continued presence in the United States of this alien , who seems to be dissatis- fied wilii our form of government, would, according to hia past history and his apparent indisposition to alter his views and confine his activities to lawful channels, be decidedly inimical to the best interests of the Government and to the peace of any community in which he may reside or to which he may go. The bureau again recommends that the department issue its warrant for the deporta- tion of this alien on the ground that he was a person Ukely to become a public charge 175608—20 10 142 COMMUNIST AND ANARCHIST DEPORTATION CASES. at the time of his entry, port such a finding. It is believed that the facts and circumstances amply sup- A. Caminbtti, Conmmsioner General. Deport. The chaj^es against alien for criminal syndicaUsm having been dismissed on appeal, the warrant herein is canceled. Louis F. Post, Assistant Secretary. April 13, 1920. The position of the Department of Labor with regard to alien members of the I. W. W. organization is not taken up ta this report. Your iavestigator finds that for some reason alien members of this organization are not often deported. Particular cases with the papers in connection are ready to be presented if it is desired by the committee. The Chairman. As a result of previous inquiries another sub- committee has asked for copies of papers in the cases of Alexis Georgian, Andrechtyne, Ross McGregor, and several others. Mr. Blackwood. Yes; the copies are ready. The Chairman. They will be taken up later. Mr. Blackwood. It might be well to inform the committee that at the time of making this statement the Secretary of Labor has not ruled as to the status of alien members of the Communist Labor Party. Many such cases are pending. Cases of admission under bond or parole of hundreds of feeble- minded aliens have not been presented in detail but can be presented in a supplementary report if desired. Lists of additional cases of the types mentioned in this report are attached hereto with descriptive headings. The Chairman. The report and documents presented by Mr. Blackwood wiU be printed as a hearing and presented to the full Committee on Immigration and Naturalization for the information of its members and for the information of the Members of the House of Representatives. Appendix A. A lleged anarchist cases in which Assistant Secretary ordered stay of deportation for stated periods as shovm beloio. Case number. Stay. Case number. Stay. .54809/704... 6 months (bond). 54861 /13S... Released on recognizance until further 54810/.558... 6 months (alien paroled). order. 548.W/580... 3 months. 64859/.551... Do. 54811/729... S months (released meanwhile). 54861/323... 3 months (bond). .54860/14 3 months (released meanwhile). .54861/261... Do. 54860/961... Do. 54859/660. . . Do. 54860/494... 3 months (bond). 64859/956... Do. 54860/384... 3 months. 54809/291... Do. 54860/351... 3 months (personal recognizance). 3 months (bond'). .54859/897... Do. -54860/768... ,54809/93 Do. 54709/757... 3 months. 54861/213... Do. 54700/759... 30 days (bond). 54869/922... 3 months (personal rtcognizance). 54709/760... Do. 54709/297... 3 months. 54359/563... 2 months. 54859/162... 3 months (bond). COMMUNIST AND- ANABCHIST DEPORTATION OASES. 143 Cases in which no review by bureau or memoranda submitted by commissioner general. Warrant canceled by Assistant Secretary. Date can- Assistant Secretary's Case No.' Date can- Assistant Secretary's celed: comment. celed. comment. 54860/785 Apr. 5,1920 54860/788 Apr 4, 1920 Alleged Communist. 54860/782 do Commimist. 54861/287 do Alleged Communist, 54860/920 do Do. labor party. 54861/60 do U. otE.W. 64860/749 do Alleged Communist. 54809/960 do Alleged Communist. 54S61A44 do U. ofB. W. 54860/756 do Do. 54860/791 do Do. 54809/952 do Do. 54709A49 Apr. 2,1920 Alleged Communist. 54809/958 54860/917 54861/3 54810/22 do Do. 64860/917 54861/3 54709/743 Apr. 2, 1920 Apr. 2,1920 Alleged Communist, 54861/287 Apr. 5,1920 Alleged commimist, stay of proceedings 3 labor party. months. Inspector in charge be in- .54809/959..-. do Stay proceedings 6 montns, inspector in charge to be in- structed to report at end of that time, structed to report at and alien released end of that period. meanwhile on S1,000 54861/277 Apr. fi, 1920 U. of R. W. bond. 54809/9.')8 Apr. 5,1920 Alleged communist. 54860/781 Apr. 5, 1920 Alleged Communist. 54860/24 do.: 54860/788 do 54869/425 54809/959 ... .do Stay proceedings 6 months. Inspector 54861/263 54811/994 54860/71R 54709/336 end of that period. WAKEANTS CA^fCBLED — ALIENS RELEASED. The following is a list of cases, including file number, of aliens arrested for violation of the act of October 16, 1918, in which the evidence adduced supported the charge, namely, that they belonged to one of the organizations coming within the scope of said act; and in which the examining inspector recommended deportation, his superior officer concurring; the Commissioner General of Immigration, after reviewing the record, recommended that the department issue a warrant of deportation; the record then going to the assistant secretary, who canceled the warrant of arrest and ordered the alien released from custody, without comment. Name. No. Name. No. Kazimieras Shirvinskas. Andrew Framich Joseph Kapec John Plezia Elia Korenewsky Samuel Misnik Juazopas Joisrls Nickifor Drodg Joseph Shalich Wail Karohun Ignac KoTach Joseph Tkachuk Morris Schnipman J. Bendoravlcius J. Mikolaiczak Joe Peokdpchik John Bilows Kasmir Sosnowski Pimen Polausky Semion Koncevich J. Grinkevich Joseph Fedorovich Sam Kritten Maty w Sushick Jurgls Petrikenas Kondrad Znaydno Sergius Daklmuk Boris Koshko Nick Zamry Franciszek Kosniz Alexander Savage Sauva Moroz Mike Siretsky Joe Furick Mike Korenchuk 54861/218 54aii9/745 54860/45 54709/883 54809/51 54860/682 54861/204 54859/758 54860/48 .';4869/432 54810/578 84859/683 54379/626 54859/903 54809/65 54859/633 54861/?7 54859/660 54809/837 64709/669 64709/940 54809/448 54809/486 .54860/340 64861/214 64709/665 54810/38 54860/925 54809/840 54859/946 54869/649 54709/664 *48,'i9/668 54861/2 54859/465 Anton Kaczinski Sergis Zaykoff Mike Pryhoda Adam Szymanski Evan Pagnucack Nikolai Bilecki IjurasKohan Mike (Mijo) Vrevich Juosoz Zibrickas Joseph (Joe) Dorich Martin Marczewski Paul Petrusanec FredHuk Wasily Samosuk Maxim Fetorash George Jaslnksi Esther Berman Jakim Makohon Christanf Romanuk Paul Harmiter ^ John Eaijkov Wasyl Hutnik Paul Rusec Feodor Barashko John Krisow Konstanty Jankowski. . . Alex Chepeka Nick Kosek Tomasz Kozak Stanley Kolowski Peter Samodunofl Albert August Erdman . Steve Nomansky Nicholas Lediuk Elia Touralchuk 54811A78 54810A68 64809/528 64811/739 54811/945 54709/845 54859/996 54860/49 ( 54861/226 54860/42 54869/620 54861/107 54860/9 54859/749 54859/770 54859/792 54379/27 54809/506 54859/661 64860/23 54861/188 54860/339 64860/903 54709/662 64809/484 54869/557 54709/660 54809/477 54860/707 54709/941 64859/146 64860/719 54809/559 144 COMMUNIST AND ANAECHIST DEPORTATION CASES. Name. Wladislaw Wojtalik. . . E. Kaluga Mike Sovak John Buczynski Nikifor IvanstchezLko . . Frank Kruger Stanislaw Gawalek Eftuck Okoshuk Makary Falacliiik WUan Wilkanzky Mike Olezachy k William John Millars... S. Namnovetz Gregory Lysak John Griskevieh Jan Krawczyszyn Peter EoTenchnk Falias Smailys -. . . Frank Brodowicz Anthony Mishkovich... John Pycel Povilas Tamanauskas. . Joseph Orabka Solomon Bosin Jacob Thompson Ignacy Fery John Ambrus Jurgis Cziegus Neum Supranski Feliz Szenm'a John Szalay Evan Rilka Frank Makas WJadyslaw Jankowski. Victor Wardzinkewicz. Iven Poliszuk Vladimir Lisuk Kastontas Talzinnas. . . Julian Eutzinsky Anthony Furman JoeCaryn Alexander Gorski Julian Keren Semo Mrmos John Popfca Stanley Monkiewicz Paul Andres Luder Matd Stipcich No. 54860/625 54859/169 64859/703 64869/717 54859/954 54811/750 54860/974 64859/886 54869/798 54859/733 54860/344 54859/729 54860/360 54639/34 54859/732 64859/739 54859/728 54809/228 64869/636 64861/224 64811/728 64809/422 54859/685 54861/42 64809/616 54860/658 54869/674 54859/783 54809W91 54709/656 54869/732 54809/466 54859/687 64860/800 64859/742 64860/876 64859/986 54859/377 54859/343 54809/465 54859/391 54709/734 64709/146 54859/858 54861/249 54860/368 Name. Josef Robak James Edward SmolerofE.. Anthony Uglick Joe Will , Jonas Waiksnoras Maz Posenick Speredon Chemij Louis Oroby Alexander Griechuk Wasily Medisky Martin Turclianyi Teodor Krowczyk Foma Beredsuk Morris Weinraub Joseph Niedzielksi Zaharl Orichuk Ona Tamanauskas Konstantin KokotUwy W.Irbe George Cerise Tony Blaciach ' Gregory Chechet Stefan Dergant Aftanas Kospoud Boris Bernard Aronofi Mike Derra Milos Polyansky Gjuro Andros Vincent Zorovski Louis Selybi Alex Hurros Pusan Basarich Gregory Polik John Kiss Edwin Lacher Theodor Nikituk Joe Makowiecki Vasili Lavriehuk Dimltry Dvorak Nathan Breskin JohnLewkuo Jacob Bowman Kohomy Andruschuk Jos Eive Watzlaw Chapla DanaillAchefl No. 54859/810 64709/755 54709/667 54869/790 64861/225 Total. 54869/725 54860/943 54869/773 648U/941 54811/760 54809/483 54811/591 54810/997 54859/921 6^9/975 54860/12 64811/983 54860/33 54860/968 54810/577 54859/121 64810/632 54810/508 54859/737 64861/283 54859/173 54809/139 54860/63 54859/606 54709/634 54860/574 54709/993 54809/497 64860/855 64860/826 64809/496 54811/492 54859/845 54811/946 54859/731 64709/611 164 Cancellations of warrants by the Assistant Secretary in cases where the field officers and the bureau recominended deportation. No. Name. Date. No. Name. Date. 54811/553 54811/660 Victor Kasparunas Kazimer Biknios John Akelaitis Apr. 14,1920 Apr. 15,1920 Do. Do. Do. Apr. 16,1920 Apr. 15,1920 Do. Do. Apr. 13,1920 Apr. 5, 1920 Apr. 15,1920 Do. Apr. 16,1920 Apr. 15,1920 Do. Apr. 16,1920 Do. Do. Do. Apr. 3, 1920 Mar. 30,1920 Apr. 16,1920 .'J4809/122 .54860/675 54861/247 64SeO/e83 54860/656 54560/670 54709/952 54859/323 54860/17U .54810/698 64859/475 54859/271 54839/491 54859/280 648C<);332 64859/489 .54809/36 .54510/922 54S1 1/827 54S60/754 54861/78 54810/4 Wyaoe Boaohuk Apr. 16, 19:0 Apr. 6,1920 54860/650 Apr. 16,1920 Do 64869/473 64861/120 Frank Kofka Kozys Stratucius I'eter Bubal Catharine Hartog Bloomi John Kawalski Apr. 6,1920 Apr. 17,1920 Apr. 16,1920 64859/466 54809/298 John Androchuk Paul Towkach 64809/660 Fcodoay Matzipluk Timofey Kuhareaico Pliilip Bilinskv Do 64859/242 54811/575 Chariton Dubina Do. Do 64860/688 54860/649 Mike Sowochnlck Anton aklatis ( Akalatis). Morta Akelaiteine JoeStoliki Mike Malchewski Cl Fanny Bayer Texla Stakoninto Sam Lagran^ky . 54811/603 64860/97 64861/219 JuUus Timosherich ' Joseph dradisbko Richard Mayer Apr. 16,1920 Apr. 15,W20 Apr. 19,1920 Apr. 17,1020 Apr. 19,1920 Apr. 17,1920 .54810/362 M ischa Biderman Gregory Rabakon 54811/528 54811/903 Mrs. Selraa Nelson Peter K-ulokoski Mary Kochanski Eay Valenlas . . 54861/139 54860''691 Benedict Salaveickas Apr. 19,1920 1 stay proceedings 3 months. Inspector! n charge report at enh of that period. 3 Examining officer makes no recommendations. 8 Examining inspector and inspector in charge ma lie no recommendation?. COMMUNIST ^ND ANAKCHIST DEPORTATION CASES. 145 MISCELLANEOUS CASES. 54859/543, 54809/254. (Bureau recommends decision this case be held in abeyance six months. School for technical aid for Soviet Russia.) 54859/728. 54810/814. 54859/881. (Examining officer and acting commissioner at Boston recommended can- cellation. Commissioner general recommended he be deported.) » 54809/674. (Examining officer and commissioner general recommend deportation. Acting commissioner Baltimore rec ommended final action be deferred.) 54860/143. 54859/305. 54860/798. 54809/875. 54809/919. 54860/742. 54859/884. 54860/227. 54810/761. 54810/28. 54810/891. 54859/712. 54709/676. 54811/449. 54860/352. 54859/670. 54859/880. 54860/914. 54859/12. 54809/300. 54809/890. 54709/785. 54861/82. 54860/932. 54809/918. 54859/560. 54809/635. 54859/815. 54859/645. 54809/642. 54811/522. 54860/326. 54810/139. Department directs stay of proceeding for three months, April'6. 54861/137. 54859/528. 54859/864. 54680/817. 54709/321. 54718/58. 54809/608. 54861/321. 54810/139. Feeble-minded — department cancels warrant- portation. -bureau recommended de- Examining inspector and inspector in charge recommend deportation — approved by bureau — department directs stay of proceedings for three months. 54860/608. 54810/104. 54709/163. This man appears to have been particularly active in the Communist Party, much correspondence being filed as exhibits. 54709/554. Bureau recommends holding final decision in abeyance for six months — department cancels warrant. 54810/115. Bureau approves recoflimendation of examining inspector and Commis- sioner of Immigration that alien be deported. The department cancels. 54859/354. 54810/239. 54861/162. This alien is an Italian anarchist, member of Ferrer Association and the I. W. W. 146 COMMITNIST AND ANAECHIST DEPORTATION CASES. 54859/655. (Detroit.) 54860/134. 54811/996. 54809/281 54861/382. 54811/991. 54859/424. 54859/415. 54809/606. 54860/567. 54860/514. 54860/570. 54859/61. 54860/966. 54860/595. 54810/104. 54860/608. 54810/261. 54860/152. 54709/562. 54861/258. 54861/258. 54860/863. 54859/325. 54860/907. 54860/290. 54709/682. 54860/918. 54811/366. 54860/899. 54809/280. 54861/252. 54859/20. 54859/562. The inspector in charge recommended that this aJien be permitted to leave country on his own account and that the bond be canceled — ^Comnus- sioner General recommends deportation. Department sustains in- spector. Overrules bureau on placing bond at $5,000. Examining inspector recommends deportation — Inspector in charge at Minneapolis recommends cancellation of warrant — Biu-eau recom- mends deportation. Examining inspector recommends deportation- recommends cancel— Bureau recommends cancels. -Commissioner at Seattle deportation — Department (Bureau recommends stay of 6 months — Department cancels.)^ (Examining inspector recommends hold in abeyance for six months — Department recommends deportation — Bureau cancels.) (Examining oflScer and acting commissioner at Ellis Island recommend final decision be deferred 6 months — Bureau recommends deportation — Department cancels. The examining officer and the acting commissioner at Ellis Island con- cur. — ^^ Bureau recommends deportation.- — Department cancels. This case was not passed upon by the bureau. — Department made follow- ing notation : Deport solely for membership in the Communist Party. ' ' Louis F. Post, Assistant Secretary, April 7, 1920. Examining inspector and inspector m charge recommend deportation. — Bureau concurs — Department directs stay proceedings three months. — Inspector in charge to be instructed to report at end of that period. Examining officer recommends cancellation. — Inspector in charge and bureau recommend deportation.- — The department cancels. 54709/986.-A. The examining inspector and inspector in charge recommend deporta- tion and so does the bureau. — Department concvu^. This is interest- ing case. The record is very heavy; hearing lasting three days and all testimony transcribed in the record, 54861/154. Member Ferrer Association of Anarchists. — Active member of thel. W. W. antiinilitariflt, and antireligious. There are many exhibits in this case. — The examining officer and inspector in charge recommended cancellation.^ Bureau recommends deportation. — Department cancels. 54709/823. David Barly, a Russian, ordered deported April 2, 1920, and on the 7th, 1920, his case was reopened on petition of Frank X. Martel, business representative Detroit Federation of Labor. — This is sample of the men invading the educational institutions as instructors. 54709/744, 54860/498 54709/123 54810/222, 54811/204, 54809/884, 54811/927, 54811/981, 54860/169, Canceled.- Canceled.- Canceled.- Canpeled.- Canceled.- Canceled.- Canceled.- Canceled.- -Bureau -Bureau -Bureau -Bureau -Bureau -Bureau -Bureau -Bureau recommends recommends recommends recommends recommends recommends recommends recommends deportation. deportation. parole. deportation. deportation. parole. parole. deportation. COMMUNIST AND ANARCHIST DEPORTATION CASES. 147 54809/738. Canceled. — Bureau recommends deportation. 54859/224. Canceled. — Bureau recommends deportation. 54860/168. Canceled. — Bureau recommends deportation. 54709/155. Canceled. — Bureau recommends deportation. 54709/463. Canceled. — Inspector and inspector in charge bureau recommend de- portation. 54379/368. Bureau recommended cancellation, memorandum had word "approved"; same erased and word "canceled" substituted by A. S. 54709/463. Canceled. — All recommended deportation. 54709/768. Warrant of aiTest reads: Parole; own recognizance. 54809/393. Examining inspector recommended deportation. — Commissioner concurs. — Com m issioner General recommends deportation. — ^Assistant Secretary cancels with memorandum reading, Not consciously a member of the proscribed organization. 4/1-20." 54859/211. 54859/302. 54810/778. No records with memorandum. 54860/154. The examining inspector recommends deportation; the acting commis- sioner at New York recommends cancellation. — The bureau recom- mends deportation. — The department cancels. 54810/30. No memorandum prepared by bureau. — Examining officer and inspector in charge recommend deportation; department directs stay proceedings three months. 54861/263. The department passes on case without brief from bureau. Cancels warrant. 54811/994. 54709/499. 54709/529. Passed on by department without memorandum from bureau directing stay proceedings for 3 months and reduces bail to $1,000 from $2,500. 54810/346. 54709/685. 54709/163. The Bureau of Immigration prepared its memorandum on January 6, 1920, reconunendi,ng deportation. Examining officer and commissioner at Boston recommended deportation. The Acting Secretary, Mr. Post canceled warrant on April 8, 1920. The attorney in this case for the alien is Harrjf C. Edlin, New Haven, Conn. 54709/756. Martin Abromovitch, alias Martin Abem, the assistant commissioner directs this man be deported on following pounds: "Solely for mem- bership in the Communist Party" which is written in inJs; over the signature of Louis F. Post, Acting Secretary. 54861/51. Ex-inspector and Com. Eec. Dept. Bureau rec. and Department A. S. "Stay proceedings 3 months, meanwhile alien to be released on his own recomizance. 4-13-20. " 54861/52. Ex-inspector Com. & Bureau Eec. Dept. A. S. cancels. 4-13-20. 54860/773. Case almost identical with above A. S. orders "Deport". 4/13/20. 54860/771. Ex Imp. Com. & Bureau Rec. deport 1301-W A. S. "Stay proceedings 3 months. Alien meantime to be released on his own recognizance. 4-13. 54859/402. 54859/914. Exainining inspector recommends deportation. Commissioner at Balti- more recommends action be suspended for 6 months. The bureau recommended deportation. The department cancels. 54861/256. The following notation in ink: "The alien is evidently bidding for free transportation to Russia at the expense of the U. S. As he joined the Communist Party several months before the proscribed organization of that name existed and has not done enough to confirm membership since its existence, his case is hardly strong enough to justify the expense. April 8, 1920. L. P. F. 54860/731. 54809/691. Examining inspector recommends deportation. Commissioner at Balti- more recommends further action be suspended for six months. Bxu-eau concurs with the commissioner. Department cancels. 54860/832. 54709/616. 54859/245. 54810/76?. 148 COMMUNIST AND ANAECHIST DEPORTATION CASES. 54861/260. The examining inspector who is in charge of the district recommends that decision be held in abeyance for six months. This is concurred in by the bureau. The department cancels. 54811/998. Bureau recommends alien remain on bond until he can be deported. Department cancels. 54709/691. The examining officer and inspector in charge recommended deportation; approved by the bxu-eau and department directs "Stay proceedings 3 months. Inspector in charge to be instructed to report at end of that period, and alien is meanwhile to be released on his own recognizance. 54809/293. Examining^officer, inspector in charge, and bureau recommend deporta- tion. Department cancels with following remarks in ink: "The alien is not an anarchist, is not a believer in physical violence, but in the ballot, and never knew the constitution of the Coinmumst Party, nor signed its membership application." — Signed, Louis F. Post. 54861/261. Deportation recommended by examining inspector in charge at Pitts- burgh, Pa., and the bureau concurred. The department directs: "Stay proceedings three months, inspector in charge to be instructed to report at end of that period and alien to be released own recog- nizance." 54709/990. Deportation recommended by bureau and inspectors. Department directs: • ' Stayproceedings for three months ; inspector in charge to be instructed to report at end of that time." 54859/629. Examining inspector, inspector in charge, and commissioner general recommend deportation. Assistant Secretary cancels, with following notation: "Affiliation to be within statute must be of the nature of membership."— L. F. P. 3/13-20. (The committee has lists of names and file numbers of 200 or more additional cases where immigration inspectors and the Immigration Bureau recommended that the department issue deportation war- rants; that warrants of arrest were canceled by the Assistant Sec- retary of Labor and the alien ordered released by the same official.) Appendix B. DEPOKTATIONS ON TJ. S. TRANSPORT "BXJFOKD." The Chairman. At this point I will place in the record the digest of cases deported on the transport Buford December 21, 1919, which digest was prepared by direction of this committee by A. W. Parker. (Mr. Parker's letter transmitting the report and the report itself foUow:) March 10, 1920. Hon. Albert Johnson, Chairman Committee on Immigration and Naturalization, House of Representatives, Washington, D. C. My Dear Mr. Johnson: I have now completed and am transmitting herewith a digest of the cases of the 249 aliens who were deported by the Bureau of Immigration on December 21, 1919, by the Army transport Buford, and who were delivered on January 17, 1920, to the American vice consul at Hango, Finland, and who were con- veyed from that point, under Finnish military escort, to the soviet Russian frontier, over which they crossed on January 19, 1920. The digesting of these records proved to be even a more extensive work than I had first apprehended. I deemed it imfiortant that the digest should be complete and also methodical, and that every possible precaution should be taken to prevent any errors from creeping in. I therefore examined each record separately and in detail, checking against the records individually such preliminary memoranda as had already been prepared in the Bureau of Immigration with regard to the cases. I have grouped the cases to the fullest extent possible, and so far as feasible have airanged them in numerical order (by the bureau's numbers), within the several groups. Very truly, yours, A. Warner Parker. COMMUNIST AND ANARCHIST DEPORTATION CASES. 149 Descriptive Digest op the Cases op 249 Aliens Deported to Russia on the Army Transport "Bupord" in December, 1919. All of these aliens were of Russia nationality. Most of them were arrasted by immi- gration officials in pursuance of the act of Congress approved October 16, 1918, amend- ing the provisions of the immigration law relating to aliens of those classes which have come to be commonly denominated as the "anarchistic classes." Wherever arrests were made pursuant to any other law than the act of October 16, 1918, that fact is indicated. The cases fall into two general groups, and are so arranged. pirst. aliens deported on the ground op membership in ob appimation with anarchistic organizations. The organization, membership in which was charged with respect to this group of cases, is Qiat body known as the "Russian Workers' Union." Said organization was held by the Department of Labor, soon after that department's attention was first directed thereto, to be one of those contemplated by so much of sections 1 and 2 of the act of October 16, 1918, as places in the classes of aliens to be expelled from the United States those "who are members of or affiliated with any organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government erf the United States or of all forms of law, or that entertains or teaches disbelief in or or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property." The following excerpts from the constitution of the Russian Workers' Union will sufficiently indicate the reasons why the Department of Labor held that such organi- zation was within the scope of the provisions of law just quoted: "Modem society, is divided into two opposite classes. On the one hand are the disinherited workers and peasants (farmers), who, by their labor created the entire' wealth of the world; and on the other hand, the rich, who have taken possession of all this wealth. "The class of disinherited rose repeatedly in revolt against the parasitic rich and against their handmaiden and protector (the State) for the purpose of fully emancipat- ing themselves from the yoke of capital and authority. * * * 'The struggle between these classes continues up to now and will terminate when the toiling masses, organized as a class, will understand their true interests and will, by, means of the forcible social revolution, take possession of the entire wealth of the world. "Having accomplished such an upheaval and having destroyed at the same time all the institutions of the State and authority the class of the disinherited will have to proclaim a society of free-producers. * * * ' In furtherance of our aim, we place in the forefront, the necessity to create a wide revolutionary class organization of the toilers." The specific charge on which each member of the following group, composed of 181 aliens, was deported reads as follows: "That he is a member of or affiliated with an organization that advocates the over- throw by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches disbelief in all organized government." Immigra- tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54248/20 54235/151 54235/158 54235/159 54616/133 64616/156 54616/222 54709/21 54709/103 54709/109 54709/111 54709/112 54709/113 54709/117 Naum Stepanuk.. John Tarasyk. . ... Paul Kraome Leo Haskewlch. . . Kronagi Workolf . Thomas Prosk Anton Trzpiot — Daniel Levozuk. . Wm. Lovma JohnBrunert IwanNovlkofl DimitriPanko... Mike Seeeau Maxim Cninejko.. Cleveland, Ohio do.... ..'...do do Pittsburgli, Pa New Haven, Conn. Cleveland, Ohio Buffalo, ^f.Y Elizabeth, N. J Baltimore, Md New York do do do Dec. 12,1917 Do. Do. Do. June 12,1919 Apr. 29,1919 June 11,1919 Nov. 13,1919 Nov. 25, 1919 Nov. 14,1919 Nov. 21,1919 Nov. 9,1919 Nov. 10,1919 Nov. 9,1919 150 COMMUNIST AND ANAKCHIST DKPOKTATION CASES. Immigrs^ tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/117 54709/118 54709/119 54709/125 54709/128 54709/137 54709/140 54709/141 54709/145 54709/151 54709/158 54709/161 54709/164 54709/166 54709/171 54709/177 54709/178 54709/181 54709/184 54709/185 54709/186 54709/187 54709/193 54709/195 54709/199 54709/203 54709/207 54709/208 - 54709/210 54709/212 54709/214 54709/220 54709/223 54709/227 54709/231 54709/236 54709/241 54709/266 54709/260 54709/272 64709/273 54709/275 54709/277 54709/278 64709/284 84709/305 54709/309 54709/317 54709/318 54709/320 54709/322 54709/324 54709/325 54709/326 64709/327 54709/328 54709/329 54709/330 54709/331 54709/332 54709/337 54709/338 54709/339 54709/340 54709/342 54709/345 54709/347 54709/348 54709/350 54709/351 54709/352 54709/353 54709/356 54709/358 54709/363 54709/364 54709/365 54709/369 54709/371 54709/373 54709/375 54709/376 54709/377 54709/378 Iwan Veremlnk Arthur Leslga Peter Novlck Gregory Melnikofi .- Harry Scliatz Anton Andronsuk Leo Ghijefsky Stanislaus Chijeosky Gregory Eoroyiansky Vlaoimir Borisink Steve Kaminsky Effim Kochovetz Anani Nazarczuk Jolin Philisopli George Wolkoff Mihal Yarosevich Andrew Jarosevich Gordic Stolatehuk IwanSanko Andy Sereck Demian Eoznuk Trofin Momotuk Simon Kuisti Paul Krupka George Kaltejika Andrew Dedinsh]i:a Zenow Bogen Frank Biacharski Mickael Lestchuk , Peter Urkevltcli George Garoshkow Roman Mosichuk Jacob Zboromirsky Vasil Koniakin John Kaleanoff Joe Wassllenko Fred. Solonekl Mark Knlish John Martinowski Roman Andrink...-. Abe Brook Dora Linking Ben^. A&nasievltch Bosis Schatz Neclta Zafronia Mike Szerba Ossip StepanoB Fred. Yarovoy Paul Holowkfn Andrei Balash Estafy Sulawka Mike Shweikus- John Denczyk Tony Eurson Pornery Onishsenko Yefln Tadzizieg Paul Jacimoff Wasily Waschuk.... Nikita Esklmashko John Kozy Nikolai Oclu-imuk JohnNewar Tony Federaco Daniel Rice Joe Koza Nikolai Kuropato Andrew Lazarewich Michail Sawicki John Ermola Peter Urgel Alexander Eonol Andrew HostiUa Mathew Podlipsky Boris Keretchuk Ivan Koslik Theodor Proshkovich Thomas Furs Maxim Worobey Steve Prokopowich. Konstantin Demianovich Draco. Wladzimar Archiuk Nicholas Mlaverausky Terentias Leonof Mike Zdanowich New York do do.... do do Buffalo, N.Y do do do Hartford, Conn New York Hartford, Conn do do do East Youngstown. . do do do do do do do do Yovmgstown, Ohio. do Hartford, Conn Youngstown, Ohio. Philadelphia, Pa do Greensburg, Pa Philadelphia, Pa Greensbiu'i, Pa Akron, Ohio do Hartford, Conn ....do ....do ....do New York ....do ....do .--do ....do -...do Baltimore, Md Buffalo, N.Y Philadelphia, Pa Baltimore, Md Hartford, Conn do do do do Buflalo,N. Y Baltimore, Md Philadelphia, Pa do do do New York do do do do do ..-.do .-.-do .-..do ....do ....do ----do ----do ----do .-.-do .---do .---do Hartford, Conn ....do ....do ..-.do ....do ....do ....do Nov. 5,1919 Dec. 4,1919 Nov. 10,1919 Nov. 11,1919 Nov. 8,1919 Nov. 13,1919 Nov. 17,1919 Nov. 15,1919 Nov. 17,1919 Nov. 7,1919 Nov. 10,1919 Nov. 22,1919 Nov. 8,1919 Nov. 14,1919 Nov. 21, 1919 Nov. 10,1919 Nov. 9,1919 Do. Nov. 6,1919 Nov. 14,1919 Nov. 9,1919 Do. Do. Do. Do. Do. Nov. 17,1919 Nov. 9,1919 Nov. 11,1919 Do. Nov. 12,1919 Nov. 13,1919 Nov. 12,1919 Nov. 8,1919 Nov. 10,1919 8,1919 Nov. Dec. Dec. Nov. Nov. Nov. Nov. Nov. 8,1919 7,1919 7,1919 9, 1919 8,1919 9,1919 6,1919 Nov. 10,1919 Nov. 9,1919 Nov. 19,1919 Nov. 18,1919 Nov. 13,1919 Nov. 21,1919 Nov. 11,1919 Nov. 17,1919 Nov. 11,1919 Do. Do. Nov. 8,1919 Do. Nov. 11,1919 Do. Nov. 14,1919 Nov. 13,1919 Nov. 10,1919 Nov. 11,1919 Do. Nov. 10,1919 Nov. 11,1919 Nov. 8,1919 Nov. 10,1919 Nov. 11,1919 Do. Do. Nov. 8,1919 Nov. 10,1919 Do. Nov. 8,1919 Nov. 10,1919 Nov. 8,1919 Do. Nov. 28,1919 Nov. 12,1919 Nov. 27,1919 Nov. 12,1919 Nov. 21,1919 Nov. 25,1919 Do. COMMUNIST AND ANAECHIST DEPORTATION OASES. 151 tioii Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/380 54709/381 54709/382 54709/384 54709/385 54709/386 54709/388 54709/389 54709/390 54709/391 54709/393 54709/394 54709/395 54709/396 .')4709/397 .54709/398 54709/400 54709/402 54789/403 54709/405 54709/411 54709/420 54709/421 S4709/431 54709/447 54709/449 54709/451 -54709/454 ■ 54709/455 54709/456 54709/457 54709/461 54709/475 54709/476 54709/477 54709/478 54709/479 54709/484 54709/485 54709/489 54709/496 54709/49S 54709/500 54709/512 54709/513 54709/516 54709/618 "54709/520 54709/521 -54709/522 54709/524 54709/525 54709/526 54709/527 54709/528 54709/536 54709/539 54709/540 54709/541 54709/542 S4709/543 S4709/545 54709/646 54709/683 54709/586 54709/588 54709/689 54709/593 54709/594 54709/598 54709/600 54709/601 54709/602 54709/603 54709/604 54709/605 54709/606 54709/607 54709/614 54709/622 54709/627 54709/649 54709/6% John Gushchla Lukez Shohidko HichaelBeminavich Butzkevioh. Hike Legeze Dimltry Yaainsky Anton Kotiak Hike Vsiko Wasily Balick Ivan Dainlovioh Anthony Anisienia , Nestor Michaelovich Sheleg David Suhov. Paul Nestoruck Konstantin Romancliuk Ivan Na1)agez Zachary Vaseyko Nestor Walter Zubko Jacoh Kowalewich Ignac Worobien Samuel Barkowsky Alexander Serevetnik Louis Kostevich Hawril Michnewitz '. James Manndeloe Harry Skochuk Joseph Poluleck Yakmi Denisuk Efim Kolesnikoff Tony Korscheikoff Anton Lipsky Louis Ristick Harry Wodnor Andy Prauka Ortiub Tsubrick Andrew Geray Andy Chlgraeff Jacob Berov j Nikifor Zharko Michael Zatyn Michael Lawriunk Ilya Kovalsky Peter Magyar Boroes Borsufc Andy Smal Peter Herasevich Leon Chrikaluik Thomas Zayats i Frank Nikolaeflf Mike Yanish Feodor Kushnareo Egor Matveevieh Feskow Wasily Ivauovleh Tarasiak Kiril Fengol Peter Mirinovich Konstantin Petrashka Wassily Maliewsky William Lukow Yakow Cewook Nik Telatitski Eugui Starikevich Peter Dolgag John Konik Gordei Sheika Sergei Savchuk Orteof Sahtabnog Konstantin Skorokod George Voloh BasilBelusofl WiUiam Yaukum Theodore Erishtop Prokopy Losioff Vasil Kozlov Evan Elko Arhlp Libed Maysey Voleshynyuk Artemy Pauluk Parfem Tabenko Yakim Novik Luka Katchanov Ivan Morgolenkow Andrew Mazaruck » Samuel Eanowich Nieolai Volosuk Hartford, Conn ....do ....do ....do ....do ....do ....do ....do ....do ....do ....do. do do-...-... do do do do do do do do;.-. Baltimore, Md Hartford, Conn Greensburg, Pa New York do Chester, Pa New York do do do do Greensburg, Pa do do do do Baltimore, Md do New York Ansonia, Conn Cleveland, Ohio do Youngstown, Ohio do Greensburg, Pa do do .'. do South Bethlehem, Pa. Hartford, Conn : . . do do do , do Akron. Ohio Youngstown. Ohio do do do do do do Baltimore Mr) Fairmont, W. Va do do do do do do do.. do do do do do do Hartford, Conn Baltimore, Md New York do Bethlehem, Pa Nov. 24,1919 Do. Nov. 28,1919 Nov. 24,1919 Nov. 11,1919 Nov. 25,1919 Nov. 20,1919 Nov. 28,1919 Do. Nov. 25,1919 Nov. 28,1919 Nov. 25,1919 Nov. 26,1919 Do. Nov. 24,1919 Nov. 25,1919 Nov. 12,1919 Do. Nov. 18,1919 Nov. 19,1919 Nov. 24,1919 Nov. 10,1919 Nov. 13,1919 Nov. 19,1919 Nov. 11,1919 Nov. 13,1919 Nov. 11,1919 Nov. 15,1919 Do. Nov. 21,1919 Nov. 10,1919 Nov. 15,1919 Nov. 21,1919 Do. Do. Do. Nov. 19,1919 Nov. 26,1919 Do. Nov. 17,1919 Nov. 7,1919 Nov. 11,1919 Sept. 18,1919 Nov. 21,1919 Do. Nov. 26,1919 Do. Do. Do. Mar. 4,1919 Nov. 27,1919 Do. Nov. 21,1919 Nov. 27,1919 Nov. 20,1919 Nov. 26,1919 Dec. 2,1919 Do. Dec. 1,1919 Dec. 2, 1919 Dec. 1,1919 Do. Nov. 25,1919 Nov. 28,1919 Dec. 2, 1919 Dec. 3, 1919 Deo. 1,1919 Dec. 2,1919 Do. Dec. 1, 1919 Do. Do. Dec. 3, 1919 Do. Do. - Dec. 2,1919 Dec. Dec. Dec. Deo. Dec. 1,1919 2, 1919 6,1919 3, 1919 5,1919 Dec. 12; 1919 Mar. 6,1919 152 COMMUNIST AND ANARCHIST DEPORTATION CASES. Each member of the following group, composed of three aliens, was deported upon the ground "that he is affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is, affiliated with an organization that' teaches the overthrow by force or violence of the Government of the United States, and that he is affiliated with an organization that teaches dis- belief in all organized government," the evidence procured being sufficient to estab- lish affiliation, but not sufficient to show actual membership. Immigration Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/225 54709/30S 54709/579 Akron, Ohio Nov. 10,1919 Buffalo, N.Y Nov. 16,1919 GreensDurg, Pa Nov. 26,1919 SECOND. ALIENS DEPORTED ON MISCELLANEOUS GROUNDS. With the exception of a few cases, placed at the very end of this list, the aliens classified under this heading were deported on charges placing them within the classes commonly called the anarchistic; and even some of^those deported on charges having no direct reference, of themselves, to the anarchistic classes, were proceeded against because there was no lack of moral certainty, although direct legal proofs were not available, that such aliens did belong to the anarchistic classes. Immigration Bureau No. 54616/123. Name of alien, Pavel Melvicoff. Place of arrest, San Francisco, Calif. Date of arrest. May 3, 1919. "That he is an alien anarchist. " Immigration Bureau No. 54616/89. Name of alien, Frank Brodia. Place of arrest, Pittsburgh, Pa. Date of arrest. May 7, 1919. "That at the time of his entry into the United States he was an alien anarchist, and that after his entry into the United States he has continued to be an alien anarchist. " Immigration Bureau No. 54709/217. Name of alien, Michael Deitktirow. Place of arrest, Pittsburgh, Pa. Date of arrest, November II, 1919. "That he is an alien anarchist; that he is a member of or affiliated with an organiza- tion that teaches the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches dis- belief in all organized government. ' ' Immigra- tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/276 Vincent Martzin New York, N Y Dec 12 1919 54709/379 Eirio Fedyk TTart.fnr^l, OnTin Nov 21 1919 54709/609 Sam Orlofl Dec. 1,1919 Each deported upon the ground "That he is an alien anarchist; that he is a mem- ber of or affiliated with an organization that advocates the overthrow by force or vio- lence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Govern- ment of the United States; and that he is a member of or affiliated with an organiza- tion that teaches disbelief in all organized government." ■Immigration Bureau No. 54709/591. Name of alien, Andrew Lopitsky. Place of arrest, Fairmont, W. Va. Date of arrest, December 2, 1919. "That he is an alien anarchist; that he is an opponent of all organized government; that he is a member of or affiliated with-an organization that advocates the overthrow COMMUNIST AND ANAECHIST DEPORTATION CASES. 153 by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches disbelief in all organized government." Immigration Bureau No. 54616/24. Name of alien, Steijian Zedik. Place of arrest, Baltimore, Md. Date of arrest, February 19, 1919. "That he is an alien anarchist; that he has been found advocating or teaching anarchy." i Immigration Bureau No. 54616/29. Name of alien, Adolph Schrabel-Delass. Place of arrest, Pittsburgh, Pa. Date of arrest, February 17, 1919. "That he is an alien anarchist; that he has been found advocating or teaching anarchy; that he disbelieves in all organized government; that he is an opponent of all organized government; that he is a member of or affiliated with an organization that entertains disbelief in all organized government; and that he is a member of or afiiliated with an oi^nization that entertains opposition to all organized government." TniTTii^ra- tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54616/134 Michael Belesta Pittsburgh Pa Apr. 8,1919 July 19,1919 64616/221 David Eelak "That he is an alien anarchist; and that he disbelieves in all organized govern- ment." Itnuugra- tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/341 Tom Turka New York, N Y Nov 11 1919 54709/99 Nicholas WasilieflE Nov. 10,1919 "That he is an alien anarchist; that he disbelieves in all organized government; and that he is an opponent of all organized government." Imimgra- , Hon Bureau No. Name of alien. Place of arrest. Date of arrest. 54709/474 Nov. 19,1919 Nov. ,5,1919 Nov. 24,1919 54709/97 John DubofE New York, N. Y . . 54709/535 "That he is an alien anarchist; that he disbelieves in all organized government, and that he is an opponent of all organized government; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Govern- ment of the United States; that he is a member of or afiiliated with an organization that teaches the overthrow by force or violence of the Government of the United States, and that he is a member of or affiliated with an organization that teaches dis- belief in all organized government." ■ Immigration Bureau No. 54616/176. Name of alien, Efgram Kovalenko. Place of arrest, Pittsburgh, Pa. Date of arrest, May 12, 1919. "That he is an anarchist; that he was likely to become a public charge at time of entry, and that he entered without inspection." 154 COMMUNIST AND ANARCHIST DEPORTATION CASES. Immigra- tion Bu- reau No. Namejof alien. Place ol arrest. Date of arrest. S43 79/125 George Cyzyk r,lftVftln.Tiri Ohin Feb. 25,191S Nov. 15,1919 54709/453 Mifihfil A^rnsRftmnf N ew Yorli, N. Y 54709/544 Jim Komar Youngstown, Ohio Dec.—, 1919 54709/534 "RraTilr TTowalawiiih Akron, Ohio Nov. 24,1919 64709/500 Peter NovokofE Fairmont, "W. Va ... Dec. 2, 1919 54709/201 Jacob^Jackotonsky Ynnngsfown, Ohin Nov. 9,1919 "That he is an alien anarchist; that he believes in the overthrow by force or vio- lence of the Government of the United States; that he advocates the overthrow by force or violence of the Government of the United States; that he disbelieves in all organized government; that he is an opponent of all organized government; that ie is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches disbelief in all orgaaized government." Immigration Bureau No. 54616/173. Name of alien, Dimitri Iwaniuk. Place of arrest, Camden, N'. J. Date of arrest. May 7, 1919. "That he has been found advocating and teaching the overthrow by force or vio- lence of the Government of the United States." Immigrar tion Bureau No. Name of alien. Place of arrest. Date of arrest. 54616/117 Mar. 26,1919 Dee. 2,1919 54709/625 Tehon KrassnofC Fairmont W Va ' ' That he is an alien anarchist; that he believes in the overthrow by force or violence of all forms of law; that he advocates the overthrow by force or violence of the Govern- ment of the United States; that he advocates the overthrow by force or violence of all forms of law; and that he is a member of or affiliated with an organization that enter- tains disbelief in and is opposed to all organized government." Immigration Bureau No. 54709/647. Name of alien, Thos. P. Buhkanov. Place of arrest, New York, N. Y. Date of arrest, December 14, 1919. "That he is an anarchist; that he believes in the overthrow by force or violence of the Government of the United States; that he disbelieves in all organized government; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches disbelief in all organized government." Immigration Bureau No. 54616/106. Name of alien, Nicholas Mihaeloff. Place of arrest, Newark. N. J. Date of arrest, March 12. 1919. "That he is an alien anarchist; that he advocates the unlawful destruction of prop- erty; that he advocates the assassination of public officials; and that he entered with- out inspection." Immigration Bureau No. 54709/116. Name of alien, Hyman Perkus. Place of arrest. New York, N. Y. Date of arrest, November 10, 1919. "That he is an anarchist; that he disbelieves in all organized government; thatheis an opponent of all organized government; and that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that COMMUNIST AND ANAKCHIST DEPORTATION CASES. 155 teaches the-overthrow by force or violence of the Government of the United States; and that he is a member of or affiliated with an organization that teaches disbelief in all organized government." Immigra- tion Bu- reau No. Name of alien. Place ot arrest. Date of arrest. 52410/43 FederalPenitentiary , Atlanta, Ga . Federal Penitentiary, J^erson City, Mo. Aug. 13,1919 52410/43 F,TT\Tlr>a f>o1 Re bureau letter 2d instant, bureau file 54379/12/425/491, Sol Ehrlich and Alex Kisil and Charles Bomal, last record this oflBce has concerning these aliens is receipt from commissioner of immigration, Ellis Island, for said aliens, dated December 4, 1918; as no notice to the contrary was received it was presumed thai these aliens had been deported in accordance with departmient warrant. Post-offlce box 356, Seattle, rented to Frank Baker, secretary I. W. W. organization, and has been in charge post- office inspectors for some time. Nothing to indicate that Kisil has received mail there. White. CASE OF AXEL HENDEICKSON. The case of A:xel Hendrickson is that of another alien removed from Seattle to New York for deportatioh and released. There is nothing in the file, however, to indicate why he was released. A memoran- dum in his case reads as follows : Febhuart 4, 1919. In re Axel August Hendrikson, aged 36, native and citizen of Finland; Finnish race; entered presumably at New York, N. Y., in 1901. Memorandum for the Acting Secretary: The above-named alien was arrested in Seattle, Wash., on the grounds that he has been found advocating or teaching the unlawful destruction of property; and that he has been found a member of or affiliated with an organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful' assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the imlawful destruction of property. This man admits that he is a member of the I. W. W.- and has been such since February, 1917. He was first arrested at Aberdeen, Wash., by the local police because of his I. W. W. activities among the people of his own nationality in that town. When taken into custody he had a suit case full of membership books, due slips, copies of the constitution, and other I. W. W. literature. He was also carrying credentials aa an organizer and delegate for the I. W. W. The attorney in the case attempts to make the defense that the I. W. W. is not an organization teaching or advocating the unlawful destruction of property, and that the word "sabotage" does not mean destruction of property. He has introduced in behalf of his client a witness named T. F. G. Dougherty, who attempts to explain many of the radical and violent teachings contained in the books and pamphlets of certain prominent I. W. W. and other radical authors, whose works are published, sold, or disseminated by the order. In answer to this testimony the bureau calls attention to that offered by James O'Brien, a member of and leader in the I. W. W. organization in the case of the State of Washington v. Fred Lowery and Charlie Brown, which case has been incorporated into and made a part of this record . A ttention is further invited to numerous excerpts and passages from books and pamphlets written by prominent members of the I. W. W. and other radicals, which are quoted in the record. These writers teach and advocate all forms of sabotage, and their explanations of the term "sabotage" shows clearly that in many instances it means destruction of property. All of the books from w hich excerpts have been made are either published, sold, or distributed by the I. W' W. Publishing Co. Attention is invited to that part of the testimony of Mr. Dough rty, the alien's witness, in which he states that sabotage might be termed "the cons'^ious withdrawal of efficiency, the slowing up in production, and a refusal to produce in quantity," or that "it might take the form of putting out a poor quality of work." The bureau contends that this is sabotage in its most insidious form, and that for a man to consciously withdraw his efficiency and turn out work of an inferior or defective quality might not only be the direct cause of destruction of property but also destruc- tion of human lives. After a careful survey of the record the bureau is convinced that this alien is a member of or affiliated with an organization teaching or advocating the imlawful destruction of property, and upon that ground has to recommend his deportation to Finland at Government expense. , „ ^ A. Oaminetti, Approved. Commissioner General. John W. Abekceombie, Acting Secretary. I. W. W. DBPOKTATION CASES. 33 CASE OF JOHN LEIVO. The case of John LeiTO, bureau file 54379/28, is that of another alien member of the I. W. W. organization brought from Seattle to New York for deportation and there released. Memoranda pertaining to his case, copied from bureau files, read as follows: 1. Pull name of person arrested: John Leivo, alias John Litmonen. 2. Number of case (Bureau of Immigration files): . 3. Date of warrant of arrest: First warrant, January 17, 1918; second warrant, Feb- ruary 5, 1918; third warrant, March 17, 1919. 4. Charge upon which arrested was made: (1) That he has been found advocating or teaching anarchy or the overthrow by force or violence of the Government of the United States or o( all forma of law, or the assassination of public officials; and that he was a person likely to become a public charge at the time of his entry into the United States. (2) That he has been found advocat- ing or teaching the unlawful destruction of property; and that he was a person likely to become a public charge at the time of his entry into the United States. (3) That he has been found a member of or affiliated with an organization that entertains a be- lief in, teaches, or advocates the overthrow by force or violence of the Government of ihe_ United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individual or of officers generally of the Government of the United States or of any other orgaiuzed government, because of his or tieir official character, or that advocates or teaches the unlawful destruction of property. 5. Date and place of arrest: (1) Not served. (2) March 1, 1918; Everett, Wash. (3) Jariuary_21, 1919; Seattle, Wash. 6. Disposition of case: (2) Alien refused parole on own recognizance for one year pending observation. (3) Warrant of deportation to Finland at Government expense issued February 4, 1919. Transferred to EUis Island for deportation. Paroled on own recognizance. 7. Status of ease at present: Pending. February 4, 1919. In re John Leivo, alias John Litmonen. Memorandum for the Acting Secretary. The essential points in the testimony elicited from this alien under previous warrant of arrest will be found briefly reviewed in previous bureau memorandum indicated at marker, to which your attention is invited. It will be remembered that the old warrant of arrest charged the alien with advocating or teaching the unlawfid destruc- tion of property. While the record showed tiiat there was some evidence upon which to base this charge, the facts brought out did not appear to be sufficient to justify deportation on that ground. On the other hand, it was not considered advisable to cancel the warrant proceedings outright but to release the man on probation for a period of one year on his promise to report to the Oommsisioner of Immigration at Seattle, at regular intervals of three months, as to his whereabouts and occupation. This he refused to do. The new immigration act of October 16^ 1918, having come into effect it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the following ground: That he has been found a member of or affiliated with an organization that entertains a belief in, tea,ches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity or propriet;^ of ttie unlawfm assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized Government, because of his or their official character, or that advocates or teaches the unlawful destruction of property. This man admitted at the hearing under the new warrant that he is at present a member of the I. W. W. The only defense made by the attorney was an attempt to show liiat the I. W. W. as an organization does not teach or advocate the unlawful destruction of property, and that the word "sabotage" does not mean destruction ofiproperty. In this attempt he had read into the record the testimony of T. F. G. 178317—20 3 34 I- "W. W. DEPOETATION CASES. Dougherty, offered in behalf of one Axel August Hendrickson; also excerpts from the works of prominent I. W. W. and other radical writers. _ In answer to this defense the bureau calls attention to the testimony of one James O'Brien, a member of and leader in the I. W. W., offered in the trial of the Stote of Washington v. Fred Lowery and Charlie Brown, which has been incorporated into and made a part of this record; also to numerous-excerpts and passages obtained from the I. W. W. official literature and from other literature published, sold, or dis- seminated by the order in carrying on its propaganda. In the opinion of the bureau this evidence produced by the Goverimient completely refutes and overcomes that offered in defense of the alien, and shows beyond a doubt that the I. W. W. is an organization teaching and advocating the unlawful destruction of property. Considering the record as a whole, the bureau is convmced that this alien is a mem- ber of or affiliated with an organization teaching or advocating the unlawful destruc- tion of property, and upon that ground has to recommend his deportation to Finland at Government expense. . „ A. Caminbtti, Commissioner General. Approved. John W. Abercrombie, Acting Secretary. March 14, 1919. In re John Leivo. Supplemental memorandum for the Acting Secretary. This case in every material respect corresponds to that of James Lund (No. 54379/44), submitted simultaneously, and the biu:eau recommends that the alien be released oh his own recognizance. . . A. Caminetti, Commissioner General. Approved. John W. Abercrombie, Acting Secretary. (Unsigned memorandum appearing in bureau file in this case:) Thfe records show that John Leivo was born in Finland and came to the United States in 1912. He was arrested in Seattle January 16, 1918, and a hearing had March 1918, at the county jail in Everett, Wash. On November 29, he was offered a parole but refused. He was rearrested on the charge of having violated the act of November 16, 1918, and ordered deported. The exhibits were the usual I. W. W. exhibits offered in each case. In the summary and recommendation we read: "He belongs to the iisual irresponsible migratory class of I. W. W. laborers." CASE OF AUGUST BOSTROM. The case of August Bostrom, bureau file 54379/53, is that of another member of the I. W. W. organization brought from Seattle to New York for deportation and there released. Memoranda pertaining to his case read as follows: United States Department op Labor, Bureau op Immigration, Washington. 1. Full name of person arrested: August Bostrom. 2. Number of case (Bureau of Immigration files): 54379/53. 3. Date of warrant of arrest: First warrant, January 19, 1918; second warrant, January 18, 1919. 4. Charge upon which arrest was made: 1. That he has been found advocating or teaching the unlawful destruction of property; and that he was a person likely to become a public charge at the time of nis entiy into the United States. 2. That he has been found a member of or affiliated with an organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally of the Government of the United States or of any other organized government, because of his or their official character, or tliat advo- cates or teaches, the unlawful destruction of property. I. W. W. DEPORTATION CASES. 35 5. Date andplace of arrest: (1) January 19, 1918, Seattle, Wash. ; (2) Jg,nuary 22, 1919, Seattle, Wash. 6. Disposition of case- 1. Offered release on own reco^zance for one year pending observation, but refused to accept; Warrant of deportation to Sweden at Government expense issued February 4, 1919. Transferred to Ellis Island for deportation. Case reopened. Alien paroled on own recognizance. 7. Status of case at present: Pending. February 4, 1919. In re August Bostrom. Memorandum for the Acting Secretary. The essential points in the testimony elicited from this alien under previous warrant of arrest will be found briefly reviewed in bureau memorandum indicated at marker, to which your attention is invited. It will be remembered that the old warrant of arrest charged the alien with advocating or teaching the unlawful destruction of property. While the record showed that there was some evidence upon which to base this charge, the facts brought out did not appear to be sufficient to justify depor- tation on that ground. On the other hand, it was not considered advisable to cancel the warrant proceedings outright, but to release the man on probation for a period of one year on his promise to report to the commissioner of immigration at Seattle at regular intervals of three months as to his whereabouts and occupation. This he refused to do. The new immigration act of October 16, 1918, having come into effect it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the following ground: "That he has been found a member of or affiliated with an organization that enter- tains a belief in, teaches, or advocates the overthrow by force or violence of the Gov- ernment of the United States or of all forms of law, or that entertains or teaches dis- belief in or opposition to all organized government, or that advocates the duty, neces- sity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property." This alien, at the new hearing, refused to answer the questions put to him by the examining officer as to his connection with the I. W. W. It should be noted, however, that at a previous hearing, which has been incorporated into and made a part of this record, he stated that he had been a member of the organization for about three months prior to his arrest. His membership book indicates that he joined on September 10, 1917. A prima facie case on this point has therefore been established by the alien's previous sworn testimony, reinforced by his membership book, and the burden is now on the alien to prove that he is not, if indeed he really so contends, a member of the organization. His declination to answer questions put to him at the last hearing appears to be a tacit admission that he is a member of the I. W. W. rather than any proof that he is not. That the I. W. W. is an organization teaching or advocating the unlawful destruction of property is well established by many excerpts and passages taken from the books and pamphlets of prominent I. W. W. and other radical writers, many of which are contained in the record. These publications are published, sold, or desseminated by the I. W. W. Publishing Co. The bureau is convinced from the record that uie alien is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property and upon that ground has to recommend his deportation to Sweden at Government expense. A. Oaminbtti, Commissioner General. Approved: John W. Abbrcrombie, Acting Secretary. March 14, 1919. In re August Bostrom. Supplemental memorandum for the Acting Secretary. This case in every material respect corresponds to that of James Lund (No. 54379/44) submitted simultaneously, and the bureau recommends that the alien be released on his own recogDizanoe. A. Gaminetti, Commissioner General. Approved: John W. Abercrombie, Acting S'l-rfiary. 36 1. W. W. DEPORTATIOlir CASES. CASE OF JALMER HOLM. The case of Jalmer Holm, bureau file 54379/76, is also that of an active member of the I. W. W. organization brought from Seattle to New York for deportation and there released. Memoranda pertaining to his case read as follows: TJ. S. Department of Labor, Bureau of Immigration, Washington. 1. Full name of person arrested: Jalmer Hobn (or Holmes). 2. Number of case (Bureau of Immigration files): 54379/76. 3. Date of warrant of arrest: (First warrant) January 2.5, 1918; (Second warrant) December 16, 1918. 4. Charge upon which arrest was made: 1. That he has been found advocating or teaching the unlawful destruction of property; and that he was a person likely to become a public charge at the time of his entry into the United States. 2. That he has been found a member of or affiliated with an organization that entertains a beUef in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or oppo- sition to all organized government, or that advocates the duty, necessity, of propriety' of the unlawful assaulting or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property. 5. Date and place of arrest: 1. January 25, 1918, Seattle, Wash.; 2. December 22, 1918, Seattle, Wash. 6. Disposition of case: 1. Warrant of deportation to Sweden at Government expense issued. Alien refused parole under rule 17-A. 2. Warrant of deportation to Sweden at Government expense issued. Transferred to Ellis Island. Case reopened and alien paroled on own recognizance. 7. Status of case at present: Pending. November 5, 1918. In re Jalmer Holm, aged 25, native and subject of Sweden, entered, presumably, at New York, N. Y., in March, 1910. Memorandum for the Acting Secretary: The above-named alien was arrested at Bellingham, Wash., on the grounds that he has been found advocating or teaching the unlawful destruction of property, and that he was a person likely to become a public charge at the^time of his entry in the United States. Section 19 of the immigration act provides that "any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, * * * shall, upon a warrant of the Secretary of Labor, be taken into custody and deported." This man states that he arrived in the United States in 1910 and has since then been wandering about the country working here wid there for short periods as it suits his fancy. He has been a member of the I. W. W. since July, 1917. While he has not acted as an official organizer and delegate, he admits he has attempted to induce others to join the organization at eyerjr opportunity. At the hearing it was almost impossible to get this man to commit himself as to his beliefs in the tenets and prin- ciples of the I. W. _W. _ Many of the paragraphs on the subject of sabotage were read to him from the official literature published by this organization, and in the majority of instances he refused to answer or attempted to evade the issue. He admits having been arrested on a number of previous occasions either for drunkenness or because of his activities in connection with the organization to which he belongs. He appears to be a man of average intelligence and undoubtedly is familiar with the methods and aims of the I. W. W. There is no question but that he has supported the organization to the best of his ability and has assisted in spreading the doctrine of sabotage as set forth in its official books and pamphlets. He has no money, no property, or home ties, •nd is a tjrpical member of the migratory herd which constitutes the majority of the membership of this order. It should be observed that, while (necessarily) repeated references are made to the I. W. W. and alien's membership therein, it is not alien's membership, but what he has done,_ as exemplified by the record as a whole, that is being considered as evidence a°;aiiist him. I. W. W. DEPOETATIOIT OASES. 37 The bureau recommends the alien's deportation to Sweden, at Government expense, when possible, on the ground that he has been found advocating or teaching the unlawful destruction of property. In the meantime he may be paroled upon his own recognizance under the terms of rule 17-A. Alfebd Hampton, Assistant Commissioner General. Approved: John W. Abercrombie, Acting Secretary. February 4, 1919. In re Jalmer Holm. Memorandum for the Acting Secretary: The essential points in the testimony elicited from this alien under previous warrant of airrest will be found reviewed in bureau memorandum indicated at marker, to which your attention is invited. It will be remembered that the old warrant of arrest charged the alien with advocating or teaching the unlawful destruction of property. The department found him guilty of this charge and directed his deportation to Sweden, but as sailings to that country could not be secured, then, he was offered a parole upon his own recognizance under the terms of rule 17-A . This parole he refused to accept. He also refused to make any attempt to secure employment, either directly or through the U. S. Employment Service. The new immigration act of October 16, 1918, having come into effect, it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the following ground: "That he has been found a member of or affiliated with an organization that enter- tains a belief in, teaches, or advocates the overthrow by force or violence of the Govern- ment of the United States or of all forms of law or that entertains or teaches disbelief in or opposition to aU organized government, or that advocates the duty, or necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized Government, because of his or their official character, or that advocates or teaches the unlawful destruction of property." At the hearing under the new act, the alien refused to swear or to affirm to the truth of his statements. He also refused to concede that he was a member of the I. W. W. at the present time, merely stating in answer to a question on that point, "It's for you to find out." He finally did admit, however, that he had never taken any steps to renounce affiliation with the organization known as the Industrial Workers of the World. The fact that he admits receiving a certain sum of money every week from the I. W. W. organization during his confinement in jail and in the detention house is significant. A prima facie case on this point is established by the alien's sworn testi- mony in a previous hearing, which is incorporated into and made a part of this record, to the effect that he is a member of the I. W. W. This sworn statement is reinforced by an exhibit in the form of the alien's membership book. No. 347293, indicating that he joined the organization on July 5, 1917, and that his dues then were paid to April 1 , 1918. His attorney caused to be read into the record certain testimony offered by one T. F. G. Dougherty, in the case of Axel August Hendrickson, in an attempt to show that the I. W. W., as an organization, does not teach the unlawful destruction of property. He further caused to be inserted in the record certain excerpts from the works of well known I. W. W. or other radical authors in an endeavor to prove that the word "sabotage" does not mean the unlawful destruction of property. In answer to the defense the bureau calls attention to the testimony of one James O'Brien, a member of and leader in the I. W. W., offered in the trial of the State of Washiiigton v. Fred Lowery and Charlie Brown, which has been incorporated into and made a part of this record; also to numerous excerpts and passages obtained from the I. W. W. official literature and from other literature published, sold, or dissemi- nated by the order in carrying on its propaganda. In the opinion of the Bureau this evidence produced by the Government com- pletely refutes and overcomes that offered in defense of the alien and shows beyond a doubt that the I. W. W. is an organization teaching and advocating the unlawful destruction of property. Considering the record as a whole, the Bureau is convinced that this alien is a member of or affiliated with an organization teaching or advocating the unlawful de- struction of property, and upon that ground has to recommend his deportation to Sweden at Government expense. A. Caminetti, Commissioner General. Approved: John W. Abebckombib, Acting Secretary. 38 I. W. W. DEPORTATION CASES. March 14, 1919. In re Jalmer Holm. Supplemental memorandum for the acting secretary: This case in every material respect corresponds to that of James Lund (54379/44), submitted simultaneously; and the bureau recommends that the alien be released on his own recognizance. A. Caminbtti, Commissioner General. Approved: John W. Abeecrombie, Acting Secretary. CASE OF EDWIN FLOGAUS. The case of Edwin Flogaus, bureau file 54379/23, is also that of an active member of the I. W. W. organization brought from Seattle to New York for deportation and there released. Memoranda pertaining to his case read as follows: United States Department of Labor, Bureau of Immigration, Washington. 1. Full name of person arrested: Edwin Flogaus. 2. Number of case (Bureau of Immigration files): 54379/23. 3. Date of warrant of arrest: (First warrant), January 16, 1918; (second warrant), January 18, 1919. 4. Charge upon which arrest was made: 1. That he has been found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassination of public officials, and that he was a person likely to become a public charge at the time of his entry. 2. That he has been found a member of or affiliated with an organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that advocates the duty, necessity, or jsropriety of the unlawful assaulting or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property. 5. Date and place of arrest: March 1, 1918. Everett, Wash. 6. Disposition of case: 1. Alien refused parole on own recognizance for one year pending observation. 2. Warrant of deportation to Poland at Government expense issued February 4, 1919. Transferred to Ellis Island for deportation. Paroled on own recognizance. 7. Status of case at present: Pending. February 4, 1919. In re Edwin Flogaus. Memorandum for the Acting Secretary: The essential points in the testimony elicited from this alien under previous war- rant of arrest will be found briefly reviewed in previous bureau memorandum indi- cated at marker, to which your attention is invited. It will be remembered that the old warrant of arrest charged the alien with advocating or teaching the unlawful de- struction of property. While the record showed that fliere was some evidence upon . which to base this charge, the facts brought out did not appear to be sufficient to justify deportation on that ground. On the other hand, it was not considered advisable to cancel the warrant proceedings outright but to release the man on probation for a period of one year on his promise to report to the commissioner of immigration at Seattle, at regular intervals of three months, as to his whereabouts and occupation. This he refused to do. _ The new immigration act of October 16, 1918, having come into effect it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the following ground: "That he has been found a member of or affiliated with an organizatioji that enter- tains a belief in, teaches, or advocates the overthrow by force or violence of the Gov- ernment of the United States or of all forms of law, or that entertains or teaches dis- belief in or opposition to all organized government, or that advocates the duty, neces- sity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States I. W, W. DEPORTATIOIT CASES. 39 or of any other organized Government, because of his or their oflBcial character, or that advocates or teaches the unlawful destruction of property." At the new hearing the alien admitted that he is a member of the I. W. W. His testimony in previous hearings which have been incorporated into and m^de a part of this record shows that he has been such since Septemoer 25, 1914. This statement is confirmed by his membership book. His attorney has had read into the record the testimony of T. F. G. Dougherty, offered in the case of one Axel August Hendriekson, in the attempt to show that the I. W. W. organization does not teach or advocate the unlawful destruction of property; also excerpts from the works of certain well-known I. W. W. and other radical authors tending to show that the term "sabotage" does not mean unlawful destruction of property. In answer-to this defense the bureau calls attention to the testimony of one James O'Brien, a member of and leader in the I. W. W. offered in the trial of the State of Washington v. Fred Lowery and Charlie Brown, which has been incorporated into and made a part of this record; also to numerous excerpts and passages obtained from the I. W. "W^ official literature and from other literature published, sold, or dissemi- nated by the order in carrying on its propaganda. In the opinion of the bureau, this evidence produced by the Government completely refutes and overcomes that offered in defense of the alien and shows beyond a doubt that the I. W. W. is an organization teaching or advocating the unlawful destruction of property. Considering the record as a whole, the bureau is convinced that this alien is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property, and upon that ground has to recommend his deportation to Poland at Gov- ernment expense. A. Caminbtti, Commissioner General. Approved: John W. Abeechombie, Acting Secretary. March 14, 1919. In re Edwin Flogaus. Supplemental memorandum for the acting secretary: This case in every material respect corresponds to that of James Lund (No. 54379/44) submitted simultaneously; and the bureau recommends that the alien be released on his own recognizance. A. Caminbtti, Commissioner General. ~ Apprpved: John W. Abercrombie, Acting Secretary. Department of Justice, Bureau op Investigation, Washington, July SO, 1919. Anthony Caminbtti, Esq., Commissioner General of Immigration, Department of Labor. Attention Mr. McClelland. Dear Sir: I am inclosing herewith photostat copy of report by Agent M. Jo Davis, New York City, for June 17, 1919, In re E. W. Flogaus, released I. W. W. deportee. You will note from the inclosure that Flogaus was brought to the port of New York from Seattle, Wash., for deportation to Poland, but due to the fact that it is impossible to make deportations to that country at the present time, he was released upon his own recognizance; furflier, as his address is given as 27 East Fourth Street, which is the I. W. W. headquarters in New York City, it is apparent that Flogaus, upon his release, returned to the company of his past associates. It would be considered a great favor if you would inform me as to the past record of Flogaus, which, I understand, is filed in your oflBce. Very truly, yours, Frank Burke, Assistant Director and Chief. M.J. Davis. , „ . ^ , , ^ In re Edward W. Flogaus, released I. W. W., deportee; Neil Guiney, Portland, Oreg.; I. W. W. activities. Under date of May 24, 1919, R. P. Bonham, inspector in charge, Department of Labor, Portland, Oreg., furnished this office with a copy of a letter signed Neil Guiney, now a prisoner in the Portland, Oreg., county jail, addressed to Ed. W. Flogaus, 27, East Fourth Street, New York: 40 I. W, W. DEPORTATION CASES. Fellow Worker: Your very welcome letter to hand and nuist say I was very surprised to hear from you. I thought you must be in Europe by this time. I am glad that you and the others were all to beat the deportation stunt, as we need all the good class-conscious workers in this country that we can possibly get.. There are enough of them in Europe now to handle things over there all right. I hope they wiU be able to spring us the same way although I am not building any plans on what I am going to do when I am released in this country again. It seems as if no one can tell merely by points of law or precedent just what the powers that be can or will do nowadays. They are apt to do almost any old thing under the sun. Well, I will tell the world that I am not losing any sleep over what is going to happen in my case. There are only four things that can happen any way — I will be deported or I wiU not, I will be either released or die in jail as nature was not kind enough to endow me with second sight. I am not going to make myself gray headed trying to presage future events. Let her buck. Of course if I am deported I will be all right in Canada as the workers over there are getting into line in good shape and there will be plenty of room for me in their new 0. B. U. The experience I have had here *ill no doubt be valuable to them as well. I note what you say about finks in the organization and agree with your sentiment about them; in another way it makes me glad, because it adds another proof of our efficiency as a working class organization when the masters go as strong as that to try to stop US. Drop me a line once in a while and remember me to all the New York bunch. Wishing vou, etc., etc. YoVirs, for the 0. B. U. Neil Guinet. Inasmuch as Flogaus is now in this city, a letter was dispatched to the Assistant Commissioner of Immigration on June 5, asking for Flogaua past record. On Jime 9th Assistant Commissioner Uhl replied to this office stating tlmt Flogans was brought to the port of New York from Seattle, Wash., for deportation to Poland, but due to the fact that it is impossible to make deporta,tions to that country at present he was released upon his own recognizance. As evidenced by the address to which the letter quoted is sent, i. e., No. 27 East Fourth Street, which is the I. W. W. headquarters in New York City, it is apparent that Flogaus, upon his release, fell right back into his usual activities. Therefore, pm-suant to the policy which it is the writer's belief the bureau is following in such cases, we shall endeavor to keep check upon this man's doings, reporting promptly to Washington. This of course refers to any of the subject's activities which will come to the Bureau's notice through voluntary sources, for it is difficult to follow the moves of such persons without paid informants. Mr. Uhl, in his letter, stated that his office did not have the subject's past record, which, he advises, is filed with the Commissioner of Immigration at Washington, D. C. - Department op Justice, Washington, D. C, August 15, 1919, Hon. A. CAMiNETn, Commissioner General of Immigration, Washington, D. C. Mt Dear Mr. Oaminetti: I am returning to you herewith the record in the case of Edwin Flogaus, which you were kind enough to forward to this office in order that the examination in the case of the State of Washington v. Fred Lowery and Charlie Brown might be examined in this office. I note from the files of the Bureau of Investigation that Flogaus has been in coin- munication with some of his former associates and has apparently given expression to some radical ideas to which he adhered before the institution of deportation pro- ceedings. I note that a copy of the report of Special Agent Davis for June 17, 1919, is a part of the record in the case and is attached to the letter addressed by Mr. Burke to you under date of July 30, 1919. I am caUing this to your attention in order that you may, if you deem it advisable, consider the advisability of increasing Flogaus' s bond at the present time in order that his activities among his radical associates may be somewhat curtailed. Respectfully, John Crbighton, Special Assistant to the Attorney General. I. W. W. DEPORTATION CASES. 41 August 21, 1919. Talked with Mr. Hoover on phone. Department of Justice will endeavor to locate alien and keep under surveillance. He is out on own recognizance.i H. Mo. Law Section, August 8, 1919 C. Paroled pending deportation to Poland, under surveillance by Department of Justice. CASE OF JOE MARTIN. The case of Joe Martin, bureau file 54379/5, is the same as the last few mentioned. Martin was a particularly bitter radical and tave considerable trouble while held at the detention station at eattle. Memoranda pertaining to his case read as follows : United States. Department of Laboe, Bureau of Immigration, Washington. 1. Full name of person arrested : Joe Martin. , 2. Number of case (Bureau of Immigration files): 54379/5. 3. Date of warrant of arrest: First warrant, January 14, 1918; second warrant, Janu- ary 17, 1919. 4. Charge upon which arrest was made: (1) That he has been found advocating or teaching the unlawful destruction of property; and that he was a person likely to be- come a public charge at the time of his entry'into the United States. (2) That he has been found a member of or affiliated with an organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or oppo- sition to all organized government, or that advocates or teaches disbelief in or oppo- sition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any o6icer or ofiicers, either of specific in- dividuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property. 5. Date and place of arrest: (1) January 14, 1918, Seattle, Wash.; (2) January 24, 1918, Seattle, Wash. 6. Disposition of case: (1) Alien refused parole on own recognizance for one year pending observation. (2) Warrant of deportation to Russia at Government expense issued February 4, 1919. Transferred to Ellis Island pending deportation. Paroled on own recognizance. 17. Status of case at present: Pending. 54379/5 February 4, 1919. In re Joe Martin. Memorandum for the Acting Secretary. The essential points in the testimony elicited from this alien under previous warrant of arrest will be found briefly reviewed in bureau memorandum indicated at marker, to which your attention is invited. It will be remembered that the old warrant of arrest charged the alien with advacating or teaching the unlawful destruction of property. While the record showed that there was some evidence upon which to base this charge, the facts brought out did not appear to be sufficient to justify depor- tation on that ground. On the other hand, it was not considered advisable to cancel the warrant proceedings outright but to release the man on probation for a period of one year on his promise to report to the Commissioner of ImmigratSon at Seattle, at regular intervals of three monthsj as to his whereabouts and occupation. This he refused to do. The new immigration act of October 16, 1918, having come into effect, it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the following ground: "That he has been found a member of or affiliated with an organization that enter- tains a belief in, teaches, or advocates the overthrow'by force or violence of the Govern- ment of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, 42 I. W. W. DEPORTATION CASES. or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property." This alien was most defiant and unruly at the hearing under the new warrant, refusing to answer all questions and finally running out of the room in which the hearing was conducted. He stated that he did not desire the services of Mr. Ralph S. Pierce, who has been appearing for other I. W. W.'s and would proceed with his own case. In this connection, he also made the following statement: "Go ahead and do what you want to and deport me and 'damn * * * '." A prima faicie case as to the alien's membership in the I. W. W. has been established by his sworn statement at a previous hearing, which hearing has been incorporated into and made a part of this record, to the effect that he joined the I. W. W. about four years ago, is still a member, believes in its principles and teachings, has con- tributed money to defense funds solicited by it, and, in short, has done all he could to advance its interests. The burden of proof is now upon the alien to refute the charge that he is a member of the I. W. W., an organization teaching and advocating the unlawful destruction of property. The bureau has also introduced into the record ample evidence showing that the I. W. W. is an organization which teaches or advocates the unlawful destruction of property. The bureau recontmends the alien's deportation to Russia at Government expense upon the ground that he is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property. A. Caminetti, Commissioner General. Approved: John W. Aberceombie, Acting Secretary. No. 54379/5. March 14, 1919. In re Joe Martin. Supplemental memorandum for the Acting Secretary. This case was first presented to the department in memorandum of November 23, recommending that decision be held ii;i abeyance for a year and the alien released upon his own recognizance. The alien refused to accept parole, and a warrant was then issued under the new law charging him with membership in an organization that advo- cates and teaches the unlawful destruction of property. While the alien's attitude has been defiant, there is really little in the record showing that he has personally, either as an incident to his membership in the I. W. W. or independently thereof, advocated or taught the unlawful destruction of property. Attorneys Lowe and Recht have made a very strong plea in the alien's behalf and have directed attention to several points favorable to mm which had been overlooked when the record was previousljr considered on two occasions. The man's defiant attitude made a very bad impression upon all those with whom he has come in contact, and even the cold typewritten record does not make a good impression. Neverthe- less, following the line which the bureau and department have been attempting to draw in all these cases between the technical or literal and the substantial, and taking into consideration the points to which the attorneys have now directed attention, the bureau recommends that the petition for reopening be granted and the alien released on his own recognizance. A. Caminetti, Commissioner General. Approved: John W. Abercbombib, Acting Secretary. CASE OF JOHN BEEG. The case of John Berg, bureau file 54379/185, is the same as the last few cases mentioned. Memoranda pertaining to his case re'ad as follows : United States Department of Labor, Bureau of Immigration, Washington. 1. Full name of person arrested: Jens Bjerregaard Peterson, alias John Berg. 2. Number of case (Bureau of Immigration files): 54879/185. 3. Date of warrant of arrest: First warrant, March 19, 1918: second warrant, Decem- ber 16, 1918. 4. Charge upon which arrest was made: First warrant: That he has been found advocating or teaching the unlawful destruction of property. Second warrant: I. W. W. DEPORTATION CASES. 43 That he has been found a member of or affiliated with an organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Govern- ment of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized goverimient, or that advocates the duty, necessity, or proprietor, of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property. 5. Date and place of arrest: March 19, 1918. Seattle, Wash. 6. Disposition of case: Warrant of deportation to Denmark at Government expense on charge "That he has been found advocating or teaching the unlawful destruction of property" issued November 22, 1918. Transferred to Ellis Island for deportation. Case reconsidered and alien released on own recognizance. 7. Status of case at present: Pending. November 20, 1918. S4379/185. In re John Berg, aged 58, native and subject of Denmark, entered without inspection, presumably at San Francisco, in May, 1901. Memorandum for the Acting Secretary. The above alien was arrested at Seattle, Wash., on the ground that he has been found advocating or teaching the unlawful destruction of property. This man states that he arrived at San Francisco in May, 1901, as a seaman, and deserted from his vessel there, entering the country without inspection. He was previously resident here for a number of years. He has been a member of the I. W. W. since August, 1916, and holds the position of organizer and delegate for that organization, and admits that, in the performance of his duties as such, he has solicited new members, received money, and distributed the official literatiKe of the organiza- tion. He testified at the heariug of March 16 that he believed in the teachings of the I. W. W. or otherwise he would not have become a member. Nevertheless, he asserted that he had not read most of the books which contain the articles used as a basis of examination in these cases in giving the principles for which the organiza- tion stands. Among other things he asserted he did not believe in the use of force or violence or the destruction of property in accomplishing the purposes oijiie order. He has made no effort to become a citizen. He has no money, property, or dependents, and appears to be typical of his kind, roaming from place to place as his fancy dictates. Permission was granted on September 13, for the alien to reship foreign, the warrant to be canceled upon verification of the departure. Apparently the man has not taken advantage of this privilege which was accorded at his own request. The bureau is satisfied that on the showing to the effect the alien has been active distributing literature of the I. W. W. which teaches the unlawful destruction of property, the charge in the warrant has been sustained. It accordingly recommends that warrant of deportation be issued, the man to be returned to Denmark at Govern- ment expense when that becomes possible. A. Caminetti, Commissioner General. Approved: John W. Abercrombib, Acting Secretary. March 14, 1919. 54379/185. In re John Berg. Supplemental memorandum for the Acting Secretary. Attention is directed to memorandum of November 20, 1918. The bureau believes that the conclusion then reached was justified by the record as it then stood. While Berg denies ever having been active in distributing sabotage literature and thereby teaching the unlawful destruction of property, there is much circumstantial and infer- ential evidence to tie contrary, and the department is not tied down to the use of direct and first-hand evidence in these deportation cases. Berg has not been regarded on the evidence in hand as nearly so dangerous a charac- ter as some of the aliens arrested about the same time as he, and the argument recently made by Attorneys Lowe and Recht has convinced the bureau, taking into considera- tion at the same time evidence given by Miss Lowe (who happens to be personally acquainted with Berg), that it can properly now recommend that the alien be released on his own recognizance. Miss Lowe has testified very favorably to Berg's general character. He has lived in the United States for a long time, and is getting to be an 44 I. W. W. DEPOBTATIOSr CASES. old man. He is a sailor by calling, and he was thought well enough of on the previous record to consent to his shipping out as a sailor, but it proved impracticable to get a berth for him on a ship sailing out of Seattle. The Ellis Island office should be advised that if the alien now desires to ship as a seaman thejr should assist him as far as possible to secure a berth as a sailqr; but that if his shipping out is not possible he should be released on his own recognizance. A. Oaminetti, Commissioner General. Approved: John W. Abbrcrombie, Acting Secretary. CASE OF CHARLES JACKSON. The case of Charles Jackson, bureau file 54379/86, is also that of an active meihber of the I. W. W. organization arrested at Seattle and removed from there to New York for deportation. Jackson, however, was ordered deported on the ground that he was a person likely to become a public charge at the time he entered the United States. He applied for a writ of habeas corpus at Seattle, which was denied by Judge Neterer who handed down a written opinion. He appHed again for a writ at New York, and the department canceled the war- rant and released him. Documents pertaining to his case read as follows : United States Department of Labor, Bureau op Immigration, Washington. 1. Full name of person arrested: Charles Jackson, alias Charles Peterson. 2. Number of case (Bureau of Immigration files): 54379/86. 3. Date of warrant of arrest: January 26, 1918. 4. Charge upon which arrest was made: That he has been found advocating or teaching the unlawful destruction of property; and that he was a person likely to become a public charge at the time of his entry into the United States. 5. Date and place of arrest: January 26, 1918. Chicago, 111. 6. Disposition of case: Warrant of deportation to Denmark at Government expense issued October2, 1918, on the ground "That he was a person likely to become a public charge at the time of his entry into the United States." Transferred to Ellis Island for deportation. Warrants of arrest and deportation canceled in anticipation of adverse decision in habeas corpus proceedings. 7. Status of case at present: Closed. September 20, 1918. In re Charles Jackson, alias Peterson, aged 38, single, native and subject of Denmark, entered without inspection from Canada, presumably at Seattle, per S. S. Henry Villard, on or about March 1, 1918. Memorandum for the Acting Secretary: The above-named alien was arrested at Mount Vernon, Wash., on the grounds that he has been found advocating or teaching the unlawful destruction of property; and that he was a person likely to become a public charge at the time of his entry into the United States. The evidence shows that this man was excluded at Mount Vernon, Wash., after a hearing by a board of special inquiry on June 14, 1918, on the grounds that he was suffering from a loathsome contagious disease; that he was a person likely to become a public charge; and that he was then affiliated with an organization which advocated or taught the unlawful destruction of property. The evidence shows that he has been a member of the 1. W. W. since July, last year, and has contributed to the various defense funds. He says that he is entirely through with the I. W. W. organization, and evidently believes that it is the cause of much of his present trouble. He denied his belief in sabotage and in the principles and ideas set forth in the various official books of the organization. The suien resided in Canada for several years, but made no effort to become a citizen there. The record shows that he was a member of this organization at the time of his entry into the country. As he was afflicted with gonorrhoea at the time of entry, was without funds and a floating laborer, the bureau recommends that warrant issue directing his deportation 1. W. W. DEPORTATION OASES. 45 to Denmark at Government expense, when possible, on the ground that he was a person likely to become a public charge at the time of his entry into the United States; until his removal from the coimtry can be accomplished, he may be paroled under the terms of rule 17-A. A. Caminetti, Commissioner General. Approved: John W. Abbhceombie, Acting Secretary. United States District Court, Western District of WAsmNaTON, Northern Division. In the matter of the application of Charles Jackson for writ of habeas corpus. No. 4356, December — , 1916. Robert C. Saunders, United States district attorney; Ben L. Moore, assistant United States district attorney; H. D. Folsom, jr., special attorney for Department of Justice, for Government. George F. Vanderveer, Ralph D. Pierce, for petitioner. Nbteeer, District Judge. The petitioner, a subject of Denmark, surreptitiously entered the United States in Jime, 1917, a sailor from the barge Benry Villard. He was arrested in January, 1918, on a warrant of the Secretary of Labor charging "that he has been found advo- cating or teaching the unlawful destruction of property and that he was a person likely to become a public charge at the time of his entry in the United States." He was granted a hearing in January, and a further hearing in June following. In Sep- tember Commissioner Caminetti, in a memorandum decision, stated: "The evidence shows that this man was excluded at Moimt Vernon, after a hearing by a board of special inquiry on June 15, 1918, on the groimd that he was suffering from a loathsome contagious disease; that he was a person likely to become a public charge; and that he was then affiliated with an organization which advocated or taught the unlawful destruction of prqperty. The evidence shows that he has been a member of the I. W. W. since July last year and has contributed to the various defense funds. He says that he is through with the I. W. W. organization, and evi- dently believes that it is the cause of much of his present troubles. He denied his belief in Sabotage and in the principles and ideas set forth in the various official books of the organization. The alien resided in Canada for several years, but made no effort to become a citizen there. The record shows that he was a member of this organization at the time of his entry into the country." "As he was afflicted with gonorrhea at the time of entry, and without funds and a floating laborer, the bureau recommends that warrant issue directing his deportation to Denmark at Government expense, when possible, on the ground that he was a person likely to become a public charge at the time of his entry into the United States. * * *" This memorandum decision was approved by the Acting Secretary of Labor. On October 2, a warrant of deportation was issued, stating that the petitioner was found in the United States in vicjation of the immigration act of February 5, 1917 — "that he was a person likely to become a public charge at the time of his entry into the United States." The petitioner claims that he is unlawfully restrained; that there is no evidence to support the order of deportation; that he has been denied -a fair hearing; and that the order is void. In his testimony he states that he came to this country for the purpose of being treated for venereal disease. At the time of the examination seven months after his entry, he asid: "I am not diseased now; I am supposed to be cured now." He also stated that he, at the time of the hearing, had $100 m the Puget Sound Hotel. He had a book on the Bank of Montreal, Vancouver branch, showing a balance Sep- tember 15, 1917, of $265. He sajrs that he changed his name from Jackson to Peterson for the purpose of securing a job in the mines. There is no evidence in the record as to what, if any, money the petitioner had at the time of his entry into the United States. In Ms petition, sworn to on the 14th day of November, 1918, he states under oath, in support of a request that an order be entered directing the Commissioner of Labor to present with his return the original testiniony taken at the petitioner's hearing upon which the deportations order is predicated; " That he is unable, by reason of Ms poverty, to pay for the preparation of such a cppy . ' ' The testimony was very short. In Ms examination in June, the petitioner stated: "Q. Now you say you left the boat here for treatment? — A. Yes. 46 I. W. W. DEPORTATION CASES. "Q. What was the nature of your troubles, what was wrong with you? — ^A. I had a venereal disease. "Q. What did you have, syphilis? — ^A. No. Gonorrhea. " Q. You have a card here from the doctor where he was charging you $10 a treat- ment. — A. No; that was for the whole time. I paid $10 when I started and I didn't pay any more until I was finished. "Q. How long have you had that gonorrhea? — A. For some time; besides that, I had some medicine with me when I went there but it didn't do me any good. " Q. You had that gonorrhea then for months before that? — A. Yes. "Q. Did you have it up in British Columbia? — ^A. I got it up there. "Q. You got it up there?— A. Yes. " Q. You contracted it in British Columbia? When you landed there the last time, you really landed for the purpose of treatment? — A. Yes." The petitioner also had in his possession extracts from literature published by In- dustrial Workers of the World: "The I. W. W.— Its History, Structure and Methods,'' by Vincent St. John; "The New Unionism," by Andre Tridon; "Sabotage,',' byEinile Pouget; "Sabotage, Its History, Philosophy and Function," by Walker 0. Smith; I. W. W. songs "To Fan the Flames of Discontent," Joe Hill; Memorial Edition," "Should I Ever Be a Soldier," "Christians at War," "CaseyJones— The Union Scab," "Workers of the World, Awaken," "The Internationale," by Eugene Pettier; and a number of other publications and extracts. The issue presented before the court is whether the petitioner was accorded a fair trial. The authority of the immigration officers and the jurisdiction of the courts are powers conferred by Congress. This court in Ex Parte Moola Singh, 207 Fed. 780, at 782 said : "The authority of the immigration officers and the jurisdiction of the courts depend upon power conferred by Congress. It is a matter of legislation. No discretion is vested in the courts. Congress has the right to legislate upon the subject, prescribe rules, fix limits, confer authority where it deems wise in legislating upon the subject at hand. The supreme authority is conferred upon the immig^tion officers. The jurisdiction of the courts is limited to ascertaining whether petitions T^ere denied a hearing." The contention of the petitioner what the court may review the evidence to deter- mine whether the conclusion of the commissioner is justified citing Gegiow v. Uhl, 239 United States, page 3, is not sustained. The Supreme Court in this case held that the decision of the immigration officers under section 25 of the immigration act is conclusive of questions of fact. The ground for deportion, given in the order, is very compprehensive. There are several angles from which the contention that he is likely to become a public charge can be approached. The inspectors had the petitioner before them, heard his testi- mony with relation to his affliction at the time of his entry, as well as his relations to the acts denoimced by section 19 of the act of February 5, 1917 (U. S. Comp. Stat. 4289- i^JJ) Judge La Combe in United States ex rel Buccino, et al. v. Williams, Commis- sioner, 190 Fed. 897, said— "Ever since the decision of the Supreme Court in Nishimura Ekin v. United States, 142 United States 651 (12 Sup. Ct. 336, 35 L. ed. 1146), it has, so far as I know, been held in this circuit that if the board of inspectors had the alien before them so that they might themselves inspect and examine him, there was sufficient before them to warrant his exclusion on the ground that he was liable to become a public charge, if, in their discretion, they reached such a conclusion. Nothing which has been presented in this argument persuades me to reverse this holding." This is quoted not for the purpose of indorsing it, but to show the length the courts have gone on such an issue. The court can not, in view of the testimony in fie record, ' say that the petitioner was not accorded a fair hearing. The writ is denied. 207 Fed., 789; 175 Fed., 274; 191 Fed., 970; 187 Fed., 471; 225 Fed., 90; 195 Fed., 705; 184 Fed., 566; 202 Fed., 66. Neteher, Jvdge. March 14, 1919. In re Charles Jackson. Supplemental memorandum for the Acting Secretary: This alien was ordered deported in a warrant dated October 2, 1918, based upon a memorandum dated October 20, the ground for depprtation being that he was a person likely to become a public charge at the time of his entry to the United States. Alien's attorney sued out a writ of habeas coipus in the western district of Washington, but the judge, after reviewing the record at great length, dismissed the writ, sustaining I. W. W. DEPORTATION CASES. 47 the department's finding. Without going into the details of the record it is only necessary to point to the decision of the court to show that the case has been properly handled. The attorneys have not submitted anything new, and it is apparent from the extract from their brief attached immediately hereunder that nothing new can be presented. It is recommended that the petition for reopening be denied. A. Caminetti, Commissioner General. April 18, 1919. In re Charles Jackson. Supplemental memorandum for the Acting Secretary: See previous memoranda at markers. Mr. Parker reports that this case was very hotly contested before Judge Hand; but that the judge finally announced he was ready to rule with the Government on every point of law and fact argued before him; that he did not consider that if there was any evidence whatever before the Secretary to support his holding the court had any right to interfere, and a fortiori is this true in a L. P. C. case. After so holding, however, the judge said to Mr. Parker that he had gone over the entire record and really thought there was little in it^ now that the man is cured of the disease he had at the time of entry, to justify more than technically the holding of the department. Thereupon Mr. Parker assured the judge we had no intention of being technical or of doing the least injustice to anyone, and as an evidence of that assertion he would agree to bring the case before the commissioner general and Acting Secretary once more if the court would put it over for two weeks. It is therefore recommended that the previous decision be reversed and the warrant be canceled. A. Caminetti, Commissioner General. Approved : John W. Abbeorombie, Acting Secretary. CASE OF EPHIM KERTZ. The case of Ephim Kertz, bureau file 54235/102, is that of an ahen, who at the time of his arrest at Seattle, was the secretary and active head of the Union of Russian Workers in that section of the ^ country. He was removed from Seattle to New York for deporta- tion and there released. He returned to Seattle and immediately resumed his connections with the same organization, also joining the I. W. W. organization. He was arrested recently by local authorities and a new warrant on a deportation proceeding obtained, a hearing given, and the case, is now awaiting decision in the department. Documents pertaining to this case read as follows : United States Department op Labor, . Bureau op Immigration, Washington. 1. Full name of person arrested: Ephim Kertz or Kerts Ephim alias Ephim Listkoft. 2. Number of case (Bureau of Immigration files): 54235/102. 3. Date of warrant of arrest: November 28, 1917. 4. Charge upon which arrest was made: That he has been found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States, or of all forms of law, or the assassination of public officials; and that he was a person likely to become a public charge at the time of his entry. 5. Date and place of arrest: December 13, 1917, Seattle, Wash. 6. Disposition of case: Warrant of deportation to Russia at Government expense issued December 20, 1918. Transferred to Ellis Island. Case reviewed and alien released on own recognizance. 7. Status of case at present: Pending. 48 I. W. W. DEPOBTATION CASES. November 18, 1918. In re Ephim Listkoff alias Ephim Kertz ; aged 33; native and citizen of Russia; who claims entry at New York in October, 1908, ex S. S. Barbarossa. Memorandum for the Acting Secretary. TMa alien was taken into custody under warrant charging that he has been found advocating or teaching anarchy, or the overthrow by force or violence of the Govern- ment of the United States or of all forms of law, or the assassination of public officials; and that he was a person likely to become a public charge at the time of his entry into the United States. Record of hearing is forwarded by the commissioner at Seattle with recommendation that deportation be ordered. Alien is being detained in jail, there being no room for him in the detention shed and he having failed to furnish bond. Complaint has been made by counsel of the long delay in closing this case. This man and four others were taken into custody while attending what was adver- tised as a meeting of the Russian Workers' Union in Seattle, on November 28, 1917. He admits that he is a member of the union and is at present secretary, treasurer, and acting president. He was formerly a member of the I. W. W., this being when he was employed in the lumber industry, but he does not believe in all of the views expressed in the literature gotten out by that organization, and he contributed through the Russian Workers' Union to the fund which was raised by the I. W. W. for the defense of meinbers who had been arrested. Alien has denied that he is an anarchist, or believes in anarchy, or the overthrow by force or violence of the Government of the United States or all forms of law, or the assassination of public officials, or the destruction of property. He stated he believed in the Constitution of the United States and in the representative form of government. His attention was called to certain statements made in the constitution of the Russian Workers' Union and the character of the literature found in the reading room conducted by said union, and he insisted that people did not have to agree to all parts of the constitution in order to become members of the imion and he had not done so when he joined, and the literature found in the rooms of the union was put there for educa- tional purposes. Alien stated fmrther that there are about 20 members of the union; there were 60 or 70 before the Russian revolution, and many of the members have gone to Russia. He admitted his active participation in the affairs of the Russian Workers' Union. Alien claims he was a refugee when he entered this country, having been com- pelled to flee from Russia under an assumed name because he had been engaged in dis- tributiiw; revolutionary literature. He insisted, however, that there was nothing in the documents which referred to the overthrow of the Russian Government by force or violence, and it was intended by the propaganda to secure redress of believed wrongs by peaceful means. He has acknowledged that it had been one of the pur- poses of the Russian Workers' Union, which was originally an organization with branches of the society in many cities, to carry on a propaganda in this country to bring about a revolution in Russia; but, since the change in Russia occurred, most of the brancTies have been closed, and the Seattle branch had been kept in operation for educational purposes. The fact that the alien might have left Russia originally as a political refugee does not have any material bearing on the decision which should be reached in this case because of the changes which haye occurred in that country. Reference is made to the case of Kasimir Maskaljunas, alias Kaziz Maskilunas (file 54379/101) for a statement of the fundamental principles of the Russian Workers' Union as appears in its constitution. A translation of the constitution, a list of the publications found in the library, and the translations of some of the articles appearing m' certain of these publications are made a part of the record in this case. The allegation that alien was a person likely to become a public charge at the time of entry should be dropped, as there is no evidence directly supporting same and entry occurred more than five years prior to date of arrest. Brief of counsel forms pages 81-89 of the record. The bureau is satisfied from the statements of the alien, the purposes of the Russian Workers' Union as the same appear in the constitution thereof, and the character of the publications found in the reading room of said union that alien has been taking an active part in this organization and has been advocating or teaching anarchy in the United States. It is therefore recommended that he be deported to Russia on that ground, at Goverim^ient expense, when that becomes possible and in the mean- time that he may be released upon a bond in the sum of $lj000 in the usual form. This will keep his whereabouts and occupation to the commissioner at Seattle. It is intended that the department will decide when deportation shall occur and instruc- tions will be issued to have a report submitted when sailings to Russia are resumed. A. Caminetti, Approved: Commissioner General John W. Abercrombib, Acting Secretary. I,.W. W. DEPORTATION CASES, 49 March 20, 1919. In re Ephim Listkoff, alias Kertz. Supplemental memorandum for the Acting Secretary: This case was presented to the department in memorandum of November 18, 1918. The alien is now at Ellis Island and Attorneys Lowe and Recht have made an argu- ment in his behalf and also submitted a brief. On the basis of their representations the record has again been carefully reviewed. This man is a member of the Russian Workers' Union. He has been an officer of the local union in Seattle and evidently has been something of a leader. He was arrested under the act of 1917, however, charged with advocating or teaching anarchy; no action has ever been taken against him under the act of October 16, 1918. As the constitution of the Russian Workers' Union shows it to be an anarchistic organization, this alien under the act of October 16; indeed, a pretty fair case is made out against biTn under the previous law. But on reviewing his testimony in detail the bureau is considerably impressed with his claim that, while he is quite radical in his views with respect to the rights of laboring men as compared with those of capitalists, he is not an anarchist himself and has not been, directly at least, spreading any anarchistic propaganda. "The bureau now recommends that the alien be paroled upon his own recognizance. Alfred Hampton, Acting Commissioner General. Approved. John W. AbbrcrombIe, Acting Secretary. (Advise the attorneys, 110 West Fortieth Street.) CASE OF MIKE ELIOK. " The case of Mike Elick, bureau file 54235/160, is that of another alien released at New York after having been ordered deported. Memoranda pertaining to this case read as follows : United States Department of Labor, Bureau of Immigration, Washington. 1. Pull name of person arrested: Mike Elick or Make Elack (or Sachary Gzykata). 2. Number of case (Bureau of Immigration files): 54235/160. 3. Date of warrant of arrest: December 10, 1917. 4. Charge upon which arrest was made: That he has been found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassination of public officials; and that he has been found advocating or teaching, subsequent to his entry, the unlawful destruc- tion of property; and that he was a person likely to become a public charge at the time of his entry. 5. Date and place of arrest: December 12, 1917, Akron, Ohio. 6. Disposition of case: Released on $2,000 bond. Warrant of deportation to Russia at Government expense issued November 23, 1918. Transferred to Ellis Island. Paroled on own recognizance pending final action. 7. Status of case at present: Pending. July 29, 1918. In re — Pawel Krachie, alias Pawel Kreczin, who claims entry at Philadelphia in 1912. _ John Tarasyk, alias Iwan -Tarasjik, who entered at New York on April 3, 1913, ex steamship Russia, Russian Line (verified). Naum (or Nahum) Stepanuk, who claims entry in December, 1909, at New York (not cerified). Mike Elick, alias Sachary Gzykata, who claims entry at Baltimore, in April, 1910 (not verified). Daniel Kuts (or Kuc), who entered at Baltimore on February 28, 1913, ex steam- ship Main, of the German Line (verified). Leo Haskewich, alias Leontihaskewicz, who entered at Philadelphia April 17, 1913 ex steamship Graf Waldersee, German line (verified). Memorandum for the Acting Secretary: These six aliens, all subjects of Russia, were arrested by agents of the Department of Justice in Akron, Ohio, at a meeting of the Russian Workers' Union. It appears that officers went to this meeting in view of reports to the effect that it was intended to 178317—20 4 50 I. W. W. DEPORTATION CASES. devise means of bringing about a strike of the Russian workers employed in various plants in the city. - All of them have acknowledged that they are members of the union, anoLStepanuk, that he is at present the secretary. Each has denied that he is an anarchist, or is opposed to organized government, or has advocated anarchy or the destruction of property or the assassination of public officials, as charged in the warrant, which also contain the allegation of L. P. C. at time of entry. The constitution of the Russian Workers' Union contains the statements, among the "basic principles" of the order, that — "Modem society is divided into two opposite classes. On the one hand are the dis- inherited workers and peasants (farmers), who, by their labor, created the entire wealth of the world; on the other hand, the rich,, who have taken possession of all this wealth. "The class of the disinherited rose repeatedly in revolt against the parasitic rich and against their handmaiden and protector — ^the State — -for the purpose of fully emancipating themselves from the yoKe of capital and authority. * * * "The struggle between these classes continues up to now and will only terminate when the toiling masses organized as a class will understand their true interests and will, by means of a forcible social revolution, take possession of the entire wealth of the world. ' ' Having accomplished such an upheaval and having destroyed at the same time all the institutions of the State and authority, the class of the disinherited will have to proclaim a society of free producers. * * * ' ' In furtherance of our aim we place in the forefront, the necessity to create a wide revolutionary class organization of the toilers." And among the aims of this federation is mentioned "support of revolutionary manifestations of the American workers." Literature of anarchistic and socialistic character was found in the possession of each of the aliens. Some of them had hand bills which were calling upon the workers to organize and defeat the draft. One of them had a letter which contained the advice (not addressed personally to him) that members of the union should claim they are "politicals, " and, owing to their revolutionary activity, found it impossible to return to Russia under the former Government. Aliens were each asked whether he believed in the tenets of the organization, and all of them made rather evasive replies, trying to make it appear that they accept only parts of the constitution. No twp of them have expressed the same views as to the purposes of the organization, but all have agreed that the federation of the several unions of Russian workers no longer exists because the leaders returned to Russia and that the education of Russians was one of the objects. None of the aliens has made any effort to become a citizen of the United States, and each of them apparently expected to return to Russia when the revolution to which they looked forward de- veloped, and have been unable to do so for one reason or another. The only evidence, in addition to matter of membership in the Russian Workers' Union which supports any of the warrant charges, is the admission by some of the aliens that they have passed out literature or hand bills which have reference to the suWect of anarchy. iTie inspector in charge at Cleveland believes that the aliens agreed during the period of their detention prior to the time that he took custody of them under depart- ment waiTant regarding the character of evidence that they would give, and that, in any event, the circunstances connected with the case are such that the evidence in the records relating to each of them should be regarded as equally applying to all of them. Brief of counsel appears in file 54235/156. The aliens are at large under bonds. The allegations that aliens were persons likely to become a public charge at the time of entry is not reasonably established, and in any event would ha,ve to be dropped with respect to three of them whose entry is not shown to have occurred within five years. These six subjects of Russia, clearly by their acts in subscribing to the principles and aiding by paying dues and otherwise furthering the spread of a radical anarchistic organization such as the Russian Union Workers are guilty of advocating and teaching anarchy and the unlawful destruction of property in the United States, and the bureau recommends their deportation to Russia on those grounds at Government expense, when possible, and meantime that they be released on the bonds already furnished. Instructions will be issued that the department will decide when deportation shall occur after sailings to Russia are resumed. Com/missioner Oeneral. Approved. Acting Secretary. I, W. W. DEPOETATIOK CASES. 51 March 21, 1919. In re Mike Elick. Supplemental memorandum for the Acting Secretary. This case was presented to the department along with five others in memorandum of July 29 last. Recently Messrs. Isaac Shore and Albert A. Wray, attorneys,^ of New York City, have presented a brief and made an oral argument in behalf of EUck and the four companions that were taken with him to New York, with the purpose of holding them until deportation should be possible. The sixth member of the party, Kutz, was left at large on parole in Akron, Ohio', where he had been rendering assistance to the special agent of the Department of Justice. His case is not involved in the present matter. Additional evidence bearing upon the supposed activities of this man in the spread- ing of anarchistic propaganda is now on the way from Akron, and the other four cases will be taken up as soon as that evidence can be considered. But there is in this case a recommendation by the inspector in charge of the Ohio district, dated March 10,. that the aUen be released on a bond and allowed to return to Akron, where he has a wife and child. See letter at marker. The biu-eau has again reviewed the record concerning this man. There are some parts of his testimony which make a very good impression. He is a member of the Russian Workers' Union and of course his deportation could be justified as a legal proposition simply upon that ground, aa the constitution of that orgainzation shows it to be anarchistic, but under all of the circumstances the bureau feels that it would be proper at this time to give the ahen the benefit of such doubt as exists regarding his being an anarchist himself or having engaged actively in anarchistic propaganda in this country. It is accordingly recommended that he be paroled on his own recognizance, and that Attorney Wray be telegraphed to that effect and at the same time advised that the remaining cases are under consideration and will be acted upon within a few days. A. Caminetti, Acting Commissioner General. Approved. John W. Abekcrombie, Acting Secretary. OASE OF ANDREW CIOFALO. The case of Andrew Ciofalo, bureau file 54379/400, is similar to that of the one just mentioned. Memoranda pertaining to this case read as follows: United States Department of Labor, Bureau op Immigration, Washington. 1. Full name of person arrested: Andrew Ciofalo or A. Ciofolo or Andrea Ciofalo. 2. Niunber of case (Biu-eau of Immigration Files): 54379/400. 3. Date of warrant of arrest: First warrant, May 11, 1918; second warrant, March 31, 1919. 4. Charge upon which arrest was made: (1) That he has been found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States, or of all forms of law, or the assassination of public officials; that he has been found advocating or teaching the unlawful destruction of property; and that he was an anarchist or person who at the time of his entry believed in or advocated the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieved in or was opposed to organized government, or who advocated the assassination of public officials. (2) That he has been found advocat- ing or teaching anarchy, or the overthrow by force or violence of the Government of the United States, or of all forms of law, or the assassination of public officials; that he is an alien anarchist; that he disbelieves in all organized government; and that he is an opponent of all organized government. 5. Date and place of arrest: (1) Alien not found. (2) April 14, 1919. New York, N. Y. 6. Disposition of case: (1) Warrant of arrest canceled; alien not found. (2) War- rant of deportation to Italy at Government expense issued Jime 3, 1919; paroled to custody of^his attorney, Harry Weinberger. \ 7. Status of case at present: Pending. Alien has disappeared. 52 I. W. W. DEPORTATION CASES. Mat 26, 1919. In re Andrea Ciatalo, male, aged 33; native and subject of Italy; entered the United States in October or November, 1903. Memorandum for the Acting Secretary. A warrant issued for the arrest of this alien on May 11, 1918, on the basis of informa- tion furnished by the Department of Justice, he being one of a large number of Italians, alleged to be anarchists, whom the investigations of that department had indicated were more or less actively connected with tiie anarchistic paper Cronaca Sowersiva, published in Lynn, Mass., by Luigi Galleani, who was arrested some time ago and whose case is now pending in the district court at Boston under a writ of habeas corpus. In Octoba-, 1918, the warrant was returned unserved, because the officials at Ellis Island had been unable to locate the alien. On March 28, 1919, the acting commis- ioner at Ellis Island applied for a warrant for the arrest of Oiafalo, submitting with his application a report made by Inspector William Peder, showing that the alien had been arrested by New York City police. A warrant issued on March 31, 1919, charging that "he has been found advocating or teaching anarchy or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassination of public officials; that he is an alien anarchist; that he disbelieves in all organized government, and that he is an opponent to all organized government." When this alien was questioned in the jail by Inspector Fedor, "he frankly ad- mitted that he is an anarchist and a contributor to the Italian anarchistic- newspaper called Cronaca Sowersiva. (See inspector's report, dated Mar. 28, attached to record.) When questioned under the warrant of arrest by inspector Carl Stiahle at Ellis Island he claimed that the admission that he was an anarchist and that he had contributed to file paper was forced out of him by the police officers or the inspector, or both; at least, his testimony indicates that he desired to create the impression that his admis- sion in this regard was made mthout qualification at that time because of the insist- ence of the officers upon a direct answer to their questions. The bureau is not dis- posed to place much credence in this attempt at evasion, especially as the record of the man's examination by Inspector Strahle shows beyond question that he is an anarchist and a disbeliever in government. When asked the direct question, "Is it true that you are an anarchist?" alien re- plied "I would like to know from you what is an anarchist and what you understand by the term anarchist. ' ' The inspector then asked hom "Do you disbelieve in organ- ized, government personally? " to which he replied "I do not believe in government, because the Nation does not need a government." By this answer the alien not only gives his own definition of an anarchist, which concurs with the general understand- ing of the term, but in the same breath shows conclusively that he also falls under that provision of law which requires that aliens who disbelieve in organized govern- ment shall be deported. If it were not for the fact that the commissioner at New York in submitting the case, inferentially recommends that the warrant be canceled and the alien released, the bureau would not deem it worth while to analyze the record further than shown above. It is clear from a letter written on December 25, 1914, to a friend, and from the article accompanying same, which constitute Exhibits A and B, authorship of which the alien admits, that at that time the alien regarded himself as a real anarchist, the letter and article being an attack upon one Lostia, at whom alien was incensed because Lostia claimed to be an anarchist but did not act in a manner comporting with the alien's ideas of \<'hat an anarchist should do. The article was apparently intended for publication in Cronaca Sowersiva, for the letter refers to "Gigi," which is the name by which Luigi Galleani is commonly known among his anarchist friends (a fact amply demonstrated by many records on file in the bureau). The alien has stated, moreover, that, "if all people were of my intelligence and education, they would not require a government," and that "for myself, I believe that I uo not need any sort of government because I can guide myself." Scarcely could a more acciu-ate definition of belief in anarchy be found than this; certainly it would be difficult to find a more egotistical one. Alien also asserts and reiterates his belief that in this country it ia proper to change the goverimient by any means the people may choose to select; he apparently does not realize that we have a Constitution which provides the only lawful method of changing the form of government in this country. He would substitute all organized government with what he calls "spontaneous" organ- izations," by which presumably he means bodies similar to the Soviets that have sprung into existence in Russia. The bureau has seldom seen a clearer case of being an anarchist and of disbelieving in organized government, and it recommends that a warrant issue for the alien's deportation on those two grounds. A. Oaminbtti, Commissioner General. Approved. John W. Abbrcrombie, Acting Secretary. I. W. W. DEPOBTATION CASES. 53 TJ. S. Department of Labor, Immigration Service, Office of Commissioner of Immigration, Ellis Island, New York Harbor, N. Y., Jp,ly 10, 1919. Commissioner General of Immigration, Washington, D. C: I invite your attention to the case of Andrew Ciofalo, whose depbrtation at Govern- ment expense is directed in department warrant No. 54379/400. Pursuant to instruc- tions contained in department letter of April 5, 1919, of the above number, this alien was paroled to the custody of his attorney, Harry Weinberger, 261 Broadway, New York City. At the time of his parole a case was pending against him in the District Court of the Southern District of New York. June 24, 1919, I was informed by the United States attorney to the effect that the case against him in the United States court had been dismissed. June 27, 1919, I made written request on Mr. Weinberger to produce Ciofalo at Ellis Island for deportation not later than noon July 3. It was intended to accomplish his deportation to Italy on the 10th instant. The alien was not produced here. I again requested Mr. Weinberger to produce the alien here, in order that arrangements could be made to return him on sailing of a vessel scheduled to sail July 15. To date the alien has not appeared here. I do not know his present whereabouts. I deem it advisable to inform you of these facts in order that you may know the present status of this case. Byron H. Uhl, Assistant Commissioner. CASE OP GUS LIPKIN. The case of Gus Lipkin, bureau file 54379/205, is a similar case, Memoranda pertaining to this case read as foUows : 1. Full name of person arrested: Gus Lipkin (or Gustav Lipkins). 2. Number of case (Bureau of Immigration files): 54379/205. 3. Date of warrant of arrest: March 27, 1918. 4. Charge upon which arrest was made: Found advocating or teaching the unlawful destruction of property. 5. Date and place of arrest: March 23, 1918. Leadville, Colo. 6. Disposition of case: Ordered deported. Transferred to Ellis Island for deporta- tion. Case reviewed and alien paroled on his own recognizance. 7. Status of case at present: Warrant of deportation pending. 54379/205 ■ January 15, 1919. In re Gus Lipkin, aged 24, single, native and subject of Russia, entered presumably at New York, N. Y., on July 5, 1912. Memorandum for the Acting Secretary: The above-named alien was' arrested at Leadville, Colo., on the ground that he ha,d been found advocating or teaching the unlawful destruction of property. According to the statements of this man, he has since entry mto the United States been employed chiefly as a laborer in the harvest fields of the Middle West during the summer and as a freight handler in Chicago in the winter; that he joined the I. W. W. in 1916, and since then has been a consistent member, paying his dues regularly, and contributing to the defense funds for other I. W. W.'s whenever called upon, among whom were W. D. Haywood, the secretary-treasurer of the organization, who was recently ^iven a sentence of 20 years for violation of the espionage act; that he joined the organization while working m the harvest fields because those who were not mem- bers were chased out; and that, after he became a member, he did some chasing himself. The alien made the statement as to assisting in running workmen out of the harvest fields who were not members of the order in his first examination. He now denies this statement, claiming that he did not understand English very well. This; excuse is not at all plausible, as he is quite intelligent and speaks English very well. He says that in the early part of 1918 he started from Chicago destined to Bisbee, Ariz.; that he was to meet other workmen in Denver, and with them proceed to Bisbee, all having their expenses paid by the company for whom they were to work,, but on arriving at Denver he found they had gone, whereupon he went to Leadville,. Colo., and secured work in the mines there. He admits that a man named O'Hare, alias Morrisey, who has since been given a five-year sentence for violation of the espionage act, in company with one Sam Nelson (whose case is considered in file 54379/204), came from Chicago to Leadville, and that he went with them to the house of one John O'Donnell, where plans for organizing the I._W. W. in Leadville were discussed. While he denies that he took any active part in the discussion or in any 54 I. W. W. DEPOKTATIOIT CASES. attempted organization, he does admit that it was his duty to assist in getting new members for the order. It appears, however, that all these men were arrested a few days after their conference at the home of O'Donnell, and therefore did not get an opportunity to do much in the way of organizing. Lipkin is a firm believer in the tenets and principles of the I. W. W., and believes that the ideas contained in the preamble to the constitution of the organization should be carried out and that it is his duty to assist in the execution of such ideas. He claims that he has read but very little of the literature of the I. W. W. However, he has read a book entitled "The revolutionary I. W. W.," and admits that he believes in its teachings; also is in favor of many of the songs in the ofiicial songbook of the order, entitled "Songs to fan the flame of discontent," mentioning Casey Jones, the scab engineer. In the last record of hearing accorded the alien there is little mention made of sabotage, the examining officer stating that he 'previously had a talk with Lipkin and did all he could to get the latter to commit-mmself on this subject, but that Lipkin stated posi- tively that he did not believe in sabotage. The inspector therefore believed it unwise again to question him at the hearing, as his denials on this point were very strong. In this respect, however, he is not unlike the vast majority of the members of the organization, radical and otherwise, for to admit a belief in sabotage might in many instances lead to the institution of criminal proceedings. Undoubtedly he has been thoroughly instructed on this point by Sam Nelson, with whom he has been confined in jaU. While the alien maj not actually by word of mouth have advocated and taught the unlawful destruction of property, the bureau is of opinion that he has done so by his acts, having assisted financially and otherwise an organiza- tion which does teach such practice by the publication and distribution of certain literature. The alien was given ample opportunity to secure the services of an attorney, but did not avail himself of such opportunity. It is believed that he is not averse to returning to Eussia. There seems little doubt that, had he been given sufficient time, he would have become one of the organizers and active leaders at Leadville. It appears that he has assisted the organization to which he belongs in furthering its teachings and ambitions so far as he was able. The bureau recommends his deportation to Eussia at Government expense on the grounds contained in the warrant of arrest. A. Caminetti, Commissioner General. Approved: John W. Abercrombie, Acting Secretary. March 20, 1919. In re Gus Lipkin. Supplemental memorandum for the Acting Secretary. This case was presented to the department in memorandum of January loth. The alien was arrested under the 1917 act on the ground that he had been found advocating or teaching the unlawful destruction of property. He is a member of the I. W. W,, and the attorneys of that organization, Itliss Lowe and Mr. Eecht, have presented a brief and made an argument in Ms behalf since he was brought to Ellis Island for deportation. The bureau has reviewed the record again on the basis of the representations made by the attorneys. While it beUeves that from a strictly legal point of view the deporta- tion of the man could be justified, the bureau is now incuned to give him the benefit of such doubts as exist regarding his personal advocacy or teaching of the unlawful destruction of property and accordingly recommends that he be paroled on his own recognizance. Alfred Hampton, Acting CommissioTier Genial. Approved. John W. Abercrombie, Acting Secretary. (Notation in ink:; Advise the attorneys, 110 West Fortieth Street. CASE OF KATIE COHEN. The case of Katie Cohen, bureau file 54379/529, is simUar to the •cases last mentioned. Memoranda pertaining to this case read as follows : United States Department of Labor, Bureau op Immigration, Washington. 1. Full name of person arrested: Katie Cohen, alias Sadie Cohen. 2. Number of case (Bureau of Immigration files): 54379/529. 3. Date of warrant of arrest: June 22, 1918. I. W. W. DEPORTATION CASES. 55 4. Charge upon which arrest was made: That she has been found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassination of .public officials; that she was at the time of her entry a member of or affiliated with an organization entertain-: ing and teaching disbelief in or opposition to organized government, or teaching the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official character; and that she was an anarchist or person who at the time of her entry believed in or advocated the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieved in or was opposed to organized government, or who advocated the assassination of public officials. 5. Date and place of arrest: June 25, 1918, Chicago, 111. 6. Disposition of case: Warrant of deportation to Russia at Government expense issued June 26, 1918. Paroled to attorney. 7. Status of case at present: Pending. 54379/529 June 11. 1919. In re Katie Cohen, alias Sadie Cohen, aged 26, native and citizen of Russia, Hebrew race, landed presumably at New York. Memorandum for the Acting Secretary: The case of this woman should be considered in connection with that of William Judin, an acknowledged anarchist, who is now under order of deportation (bureau file No. 54379/528). The evidence shows that up to the time of her arrest she lived in the same flat with Judin and one Andrea Sistani, the latter also being under order of deportation. At the time her case was reported to the bureau in June, 1918, she was in a delicate condition, but the present record does not indicate whether or not she gave birth to a child, neither has it been determined who is the father of her child. At the first hearing on June 25, 1918, she refused to answer all questions concerning the anarchistic charges placed against her. Three days later she was accorded another hearing, her attorney, Peter Sisman, being present. On this occasion she denied that she was an anarchist, either__then or at the time of her entry. She did admit, however, having attended anarchist meetings held by Enima Goldman. She further admits that she attended radical meetings with William Judin and sold copies of the Social War, now known as the Social War Bulletin. She admits that this is an anarchistic publication, and that she knew at the time of selling it that it was such. This publication is the official mouthpiece of an organization known as the Interna- tional Propaganda Group, or The International Anarchisti Propaganda Group. By reference hereto the following extract from the Social War Bulletin, dated April, 1913, is found; it will be noted that this extract is acknowledged by Judin to contain the statement of views and beliefs of the International Propaganda Group: "Our principles. The International Propaganda Group'of Chicago is organized for the purpose of bringing the ideas of anarchism before the working classes. The group advocated a new social order, where private ownership of land, capital, and machinery shall cease to exist; where the tools of production shall become society's common property, to be managed by the workers themselves. The group realizes that one of the greatest obstacles in the way of mankind's road to progress is the compulsory authority exercised by one class upon another. Therefore the group declares itself against all forms of government and propagates the idea of voluntary association. The overthrow of the present system can not be accomplished through statutory enactments, but by the social revolution. The group, therefore, repudiates politics and politicians and advocates direct action by the workers in their struggle for eman- cipation (p. 5)." The alien claims, however, that she did not sell the Social War in ofder to assist in bringing to the United States the anarchistic ideas that are published therein, but simply to accommodate Judin, who asked her to sell it for him. In the course of the hearing the alien admitted that she has been living in the Workers' Institute, where the International Propaganda Group holds its meetings. The Government presents the testimony of Lawrence L. McDonald, detective ser- geant of the Chicago police force. lie states that he had had the alien Katie Cohen under observation for a period of about nine months or a year; that she lived in a flat at 1024 East Forty-third Street, which was occupied by William Judin and Andrea Sistani and a girl by the name of Levin; that he has seen her many times at meetings held by Emma Goldman, the League of Humanity, and the Anti-Military League; that she attended these meetings to collect money for the benefit of these leagues, as well as for the 11 Italian prisoners confined in the Wisconsin State Penitentiary for theii' participation in the bomb-throwing episode at Milwaukee; also that at these meetings she was very active in the selling of the Social War, and that he has read this 36 I. W. W. DEPORTATION CASES. publication and knows that it contains articles of an anarchistic nature. He further stated that at the time he arrested William Judin in the apartment at 1024 Bast Forty- third Street she (Katie Cohen) eaid to him in the presence of two members of the police force that she would make a good anarchist out of him; that he asked her why she thought she could make a good anarchist out of him, and she replied that she had a way of doing that. No witnesses were produced at the hearing either for or against the alien, except Sergt. McDonald for the Government. The bureau is of the opinion that this woman, by her acts in disseminating anarchis- tic literature, is guilty of the charge of teaching anarchy, and upon that ground has to recommend her deportation to Euasia at Government expense when possible. Meanwhile she may be released if she furnishes a bond in the penalty of $1,000. A. Caminbtti, Commissioner General. Approved: John W. Abbecrombie, Acting SecrHary. There appears in the files of the Bureau of Immigration a list of names, under the heading "Memorandum of Seattle cases brought to Ellis Island for deportation, February 11, 1919 (aliens charged with -violation of anarchistic provisions of law), showing disposition of each." This is followed by a sort of a memorandum summary regarding some of the cases. Copy of same reads as follows: , DISPOSITION OF SEATTLE CASES AT ELLIS ISLAND. Memorandum of Seattle cases brought to Ellis Island for deportation, Feb. 11, 1919 {aliens charged with violation of anarchistic provisions of law), showing disposition of each. FUeNo. Name. Nationality. Disposition. 54379/491 54379/53 64517/16 54379/503 64379/12 54379/12 54379/416 64517/68 64379/23 54379/114 54379/76 64379'S6 54547/15 64554/40 64379/50~ 54654/3 64379/425 64379/28 - 54379/205 54235/102 64379/82 64379/44 64379/601 64517/54 64379/5 54379/101 64379/134 54379/48 54379/186 54379/18 54379/204 54353/608 64414/81 64517/33 64379/186 54378/417 64379/183 64379/54 54235/112 54379/68 54517/93 Charles Bernat . . . August Bostiom.. Martin de Wal.... Bnssia Sweden Holland (7). Sam. H. Dixon Sol. Ehrlich Chas. P. Emersen William Fields Olaf Finnestad Edwin riogaus Fritz Holm JalmarHolm Charles Jaclrson Herbert H. Jackson Alfred Johnson Christ. L. Johnson i... Olaf Johnson Alex. Elsil JohnLeivo Gustav Lipkins Ei)him Listkofl William Lougfors James Lund E. E. McDonald D onald McPherson Joe Martin Kazis Maskalunas Peter W. Merta and wife. lyOuisMische Frank Mihalik John Morgan Sam Nelson Evald Olsen Albert Oshom Magnus Otterholm John Berg Thomas Rimmer McGregor S. Ross John Sheehan Aaron Slutzkar Arthur J. Smith Axel Hendrickson England Russia Germany -... England Norway Poland Sweden do Denmark England do Norway do Austria Finland Russia do Denmark Sweden Denmark England Russia do Finland Switzerland (?).. Austria England Sweden ....do Norway do Denmark England Scotland Ireland Russia England Released under bond. Paroled. Released under bond; impossible to obtain passport; no proof of nationality. Deported. Released under bond- Deported. Do. Do. Paroled. Deported. Paroled. Released after habeas corpus. Deported. Not anarchistic, etc. Paroled. Not anarchistic, etc. Released on bond. Paroled. Do. Do. Do. Do. Warrant canceled. Deported. Paroled. Released on bond. Do. Discharged, XT. S. citizen. Fugitive (escaped from hospital). Paroled. Released after habeas corpus. Not anarchistic, etc. Do. Paroled. Do. Deported. Paroled. Deported. Paroled. Do. Deported On bond awaiting deportation . Paroled. 7 16 Discharged 4 Fugitive 1 Total 87 Note.— Foregoing is an exact copy. Totals, however, do not agree with list, which shows 41 names. I. W. W. DEPOKTATION CASES. CASES PAROLED PKOM ELUS ISLAND. 57 54379/44. Jamea Lund. Arrested at Seattle, January 18, 1918; charge advocating or teaching anarchy, etc. Parole for one year directed, November 15, 1918, under fol- lowing decision : "This man states that he has been a member of the I. W. W. since July, 1917, and has not only paid his dues to the organization, but has contributed to various defense _ funds solicited by it. Various paragraphs from the official books and pamphlets of the order were read to him, but it is almost impossible to secure a definite answer from him as to his beliefs. He is below the average in intelligence and in fariness to him it may be said that it is quite, possible that he did not at the time of joining realize or understand the principles and teachings of this organization. At any rate it does not appear that he is an a,ctive member or a dangerous propagandist. It is believed that justice will be done if final action is suspended and this man released upon his own recognizance for a period of one year, with the understanding that he is to report quarterly to the nearest immigration official as to his occupation and conduct. It is so recommended. " Refused to accept parole, and was accordingly rearrested under the provisions of the act of October 16, 1918, on a warrant charging that "he has been found a member of * * * an organization * * * that advocates or teaches the unlawful destruction of property. " Decision of February 4, 1919, sustained this charge on the record of hearing submitted by the Seattle oflice, and directed deportation to Sweden at Government expense. Alien was removed to Ellis Island in party leav- ing Seattle February 6, 1919, after which application was made to the Department by his counsel for a reconsideration of his case. Such application was granted, and on March 14, 1919, the following decision was approved: "Since this case was finally presented to the Department in memorandum of Fenruary 4, attorneys Lowe and Recht have made an earnest argument in alien's behalf. When the case was first summarized on November 25, the bureau recommended that the alien be released on his own recognizance for a period of one year as the evidence in hand did not clearly establish that he had been personally advocating or teaching the unlawful destruction of property. He refused to accept the release, and that circumstance was thought to justify his rearrest under the act of October 16, 1918, on the simple charge that he was a member of an organization which advocated or taught the unlawful destruction of property. There is only a little evidence in the record that can be pointed to as a justification for holding that the man has, either as a member of the organization or independently, distributed literature or otherwise advocated the unlawful destruc- tion of property; and the bureau is satisfiedfrom the statements made by the attorneys that in this instance the previous decision is not as fully or as substantially supported as is desirable under the policy which is being followed in these cases generally. It is accordingly recommended that the alien be released on bis own recognizance. " Alien was accordingly released from Ellis Island on March 17, 1919, and under outstanding instructions the case is to be brought up for final consideration on or about January 1, 1920. 54379/23. Edwin Flogaus. Anested at Seattle January 16, 1918, on same charge as Jsunes Lund, above. Decision thereon approved November 25, 1918, as follows: "The evidence of the record does not fully support the warrant charges. It is hot unlikely thought that all the facts have not been developed and the same will be brought out by further inquiry. It is accordingly recommended that decision be held in abeyance for one year and alien released upon his own recognizance if he agrees to report to the Seattle office his whereabouts and occupation. " This he refused to do. The new act of October 16, 1918, having comeiijto effect, it was then decided, in view of his refusal to comply with the department's terms, and the fact that he seemed to fall within its scope, to rearrest him under the new act on the ground of membership in an organization which advocates or teaches the un- lawful destruction of property. Decision of February 4, 1919, sustained that charge, and directed the alien's deportation to Poland at Government expense. Alien was in pursuance thereof removed to Ellis Island, and after consideration of petition of counsel for a reopening and reconsideration of the case, the following decision was approved on March 14, 1919: This case in every material respect corresponds to that of James Lund, submitted simultaneously; and the Bureau recommends that the alien be released on his own recognizance." Released March 17, 1919. Czse to be called up on or about January 1, 1920. 54379/53. August Boxrom. Arrested at Seattle, January 19, 1918, on charge "found advocating or teaching the unlawful destruction of property." Upon review of the record of hearing under this warrant, the following conclusion was expressed in decision of November 19, 1918: 58 I. W. W. DEPORTATION' CASES. "The evidence does not establish the warrant charges. It seems possible, however, that evidence does exist and that the same can be developed by further discreet in- quiry. It is accordingly recommended that decision in the case be postponed for a year and in the meantmie alien be released on his own recognizance if he agrees to re- port every three months his whereabouts and occupation to the Commissioner at Seattle." He refused parole, and as in the preceding cases was rearrested under the act of Oc- tober 16, 1918, whereupon, after hearing imder the new warrant, the following decision was approved, February 4, 1919: "The bureau is convinced from the record that the alien is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property and upon that ground has to recommend his deportation to Sweden at Government ex- .pense." Alien was accordingly brought to Ellis Island for deportation, and on March 14, 1919, after consideration of petition for reopening, the following decision was had: "This case in every material respect corresponds to that of James Lund, submitted simultaneously, and the bxureau recommends that the alien be released on his own recognizance." 54379/28. John Leivo, alias Litmonen. Arrested at Seattle, January 17, 1918, on the charge advocating or teaching anarchy; warrant amended February 5, 1918, chaining the charge to that of advocating or teaching the unlawful destruction of property. After review of the record of hearing under this warrant, the following decision was approved, November 22, 1918: "The evidence does not fully support the warrant charge that alien has been found advocating or teaching the unlawful destruction of property. * * * The bureau accordingly recommends that decision be held in abeyance for one year and the man released upon his own recognizance, if he agrees to report his whereabouts and occupa- tion monthly to the commissioner at Seattle." As in the preceding cases, alien refused to accept parole, and was rearrested under the act of October 16,1918, as a member of an organization advocating or teaching the unlawful destruction of property. This charge was sustained by the decision of February 4, 1919. "Oonsidering the record as a whole, the bureau is convinced that this alien is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property, and upon that ground has to recommend his deportation to Finland at Government expense." Alien was thereafter removed to Ellis Island and petition was received from his coun- cil for reopening and reconsideration. Decision of March 14, 1919, was approved as follows: "This case in every material respect corresponds to that of James Lund, submitted simultaneously, and the bureau recommends that the alien be released on his own recognizance." Released, March 17, 1919, and case to be called up on or about January 1, 1920. 54379/50. Christ Johnson. Arrested at Seattle, January 19, 1918, on the charge advocating or teaching the unlawful destruction of property; hearing reviewed and decision rendered November 25, 1918, as follows: "The evidence does not fully support the warrant charges. It is not unlikely, however, in view of alien's admissions, that the true situation concerning his beliefs has not been fully developed. The bureau accordingly recommends that decision be held in abeyance for one year, provided alien agrees to keep the Seattle office advised of his whereabouts and occupation." Refused to accept parole; rearrested January 18, 1919, as a member of an organiza- tion that advocates or teaches the unlawful destruction of property. The following decision was approved February 4, 1919, after consideration of the record of hearing under the last named warrant. "Considering the record as a whole, the bureau is convinced that this alien is a member of or affiliated with an organization teaching or advocating the unlawful ' destruction of property, and upon that ground has to recommend his deportation to Norway at Government expense." After removal to Ellis Island for deportation and a consideration of petition of attorneys for reopening of case, the following action was taken March 14, 1919; "This case in every material respect corresponds to that of James Lund, submitted simultaneously, and the bureau recommends that the alien be released on his recog- nizance." The alien was accordingly released March 17, 1919, and case is to be brought up on or about January 1, 1920. I. W. W. DEPORTATION CASES. 59 54379/5. Joe Martin. Arrested at Seattle, January 14, 1918, on the ground "found advocating or teaching the unlawful destruction of property." Decision approved November 3, 1918, as follows: "The record contains very little, if any, direct evidence supporting the charge that alien has been found advocating or teaching the unlawful destruction of property. It seems likely, in view of the testimony concerning his beliefs, etc., that were the true facts developed it would be found he comes within some class deportable under the law. The bureau accordingly recommends that decision be held in abeyance for one year and alien released upon his own recognizance provided he agrees to keep the Seattle office advised of his whereabouts and occupation." Declined to accept parole and taken into custody under new warrant dated January 17, 1918. Hearing had and the following decision approved February 4, 1919: "A prima facie case as to the alien's membership in the I. W. W. has been estab- lished by his sworn statement at a previous hearing, which hearing has been incor- porated into and made a part of this record, to the effect that he joined the I. W. W. about four years ago, is still a member, believes in its principles and teachings, has contributed money to defense funds solicited by it, and, in short, has done all he could to advance its interests. The burden of proof is now upon the alien to refute the charge that he is a member of the I. W. W., an organization teaching and advocating the unlawful destruction of property. The bureau has also introduced into the record ample evidence showing that the I. W. W. is an organization which teaches or advocates the unlawful destruction of property. "The bureau recommend's the alien's deportation to Russia at Government expense upon the ground that he is a member of or affiliated with an organization teaching or advocating the unlawful destruction of property.' Removed to Ellis Island for deportation and after consideration of application for reopening made by alien's attorneys, the following decision was approved March 14, 1919: "Attorneys * * * have directed attention to several points favorable to him which had been overlooked when the record was .previously considered on two occasions. The man's defiant attitude made a very bad impression upon all those with whom he has come in contact and even the cold typewritten record does not make a good impression. Nevertheless, following the line which the bureau and department have been attempting to draw in all these cases between the technical or literal and the substantial, and taking into consideration the points to which the attorneys have now directed attention, the bureau recommends that the petition for reopening be granted and the alien released on his own recognizance." Released March 17, 1919, and case to be brought up on or about January 1, 1920. 54379/183. McGregor S. Ross. Arrested at Seattle March 16, 1918; charge, advocat- ing or teaching the unlawful destruction of property. Deportation directed Novem- ber 25, 1918, under the following decision: "In the bureau's opinion the allegation that alien was a person likely to become a public charge at the time of entry, at which time he was not inspected, is established by the evidence, and that the charge that he had been found advocating or teaching the unlawful destruction of property is also reasonably proven by the evidence relat- ing to the distribution of literature of the I. W. W., which advocates and teaches sabotage. The bureau recommends that warrant of deportation be issued, the alien to be returned to Scotland at Government expense." After removal to Ellis Island for deportation, petition for reopening of the case was made by attorneys for alien, and on March 14, 1919, the following decision was approved: This case was considered by the department on the basis of bureau memorandum of November 25, and a warrant issued on December 5 for his deportation on the two grounds: (1) That he has been found advocating or teaching the unlawful destruction of property and (2) that he was a person likely to become a public charge at the time of his entry. It is fair to assume from the record that this man last entered the United States between four and five years ago, coming down from Canada, to which country he states he has made several visits since he first came here from Scotland in 1865 ; but there is no definite evidence or information as to when this last entry occurred. Technically, on the basis of the man's own statement, it could doubtless be maintained that he is subject to deportation on the last charge, so far as the time limit is con- cerned. The conclusion that he was likely to become a public charge when he last entered is based largely upon his testimony concerning his activities as an I. W. W. member. He has always made a living, however, and has accurnulated some property. "with regard to the main charge there is considerable in the old man's testimony indicating that he is not only a radical in his beliefs, but that he has been actually distributing literature that teaches the unlawful destruction of property. There is 60 I. W. W. DEPOBTATION CASES. running through the alien's statements, however, an indication of a frame of mind, irritated if not actually bitter, produced by injustice or supposed injustice perpe- trated upon him and others similarly situated; and on again reviewing the record, in the light of statements and arguments made bjr attorneys, the bureau is inclined to think that Ross really has done himself an injustice. Moreover, as pointed out by the attorneys, this man has lived in the United States, except for short visits to Can- ada, since he was a boy; he is 65 years old and really knows no other country or home than the United States. "Taking all of the favorable features of the case into consideration the bureau is inclined to believe that in all substantial respects they outweigh the unfavorable, although the record amply justifies deportation if, the case is considered simply from the legal point of view. It is recommended that the case be reopened and the alien released on his own recognizance." The alien was released on March 17, 1919, and on August 21, 1919, the Commis- sioner of Immigration at Seattle was instructed to make an investigation of the alleged activities of Ross in that district. 54379/82. William Longfors. Arrested at Seattle, January 25, 1918, on same grounds as in preceding case, and deportation to Denmark at Government expense directed in decision of November 22, 1918. After removal to Ellis Island, a petition for reopen- ing filed by alien's attorneys was denied on March 14, 1919. Wnt of habeas corptis was applied for, and pursuant to understanding between the court and the United States Attorney's office, the case, together with two others of a similar nature, was taken up for reconsideration, and on April 17, 1919, the following decision was approved: As these cases (Longfors and Otterholm) are in all substantial respects similar to that of Sam Nelson, in which Judge A. N. Hand sustained a writ of habeas corpus, and as we have asked for an appeal of that cage and the United States Attorney in New York is to write the Attorney General so recommending, Mr. Parker agreed to the view of the United States Attorney's office that it would probably do more harm than good to get adverse decisions on these two in addition to the Nelson case . Accord- ingly an understanding was had all aroimd that these two cases should go over for two weeks and that they would be taken up by the department again. "Both of the cases are pretty near the border line — tave been so regarded right along, and Longfors was never' advised at any stage of the proceedings that he was entitled to counsel. It is now recommended that the aliens be paroled on their own recognizance." In accordance therewith the alien was released from custody on April 19, 1919, and his case is to be brought up for final disposition on or about January 1, 1920. 54517/33. Magnus Otterholm. Arrested at Seattle, August 12, 1918, on the same charge as preceding cases. Deportation to Norway at Government expense was di- rected under decision of October 28, 1918. After removal to EUis Island, an applica- tion for the reopening of the case was received from alien's attorneys, which was denied in decision of March 14, 1919. Writ of habeas corpus was sought in southern district of New York, and in accordance with understanding with the United States attorney's office, the case was reconsidered and alien's parole was directed under the following decision: "As these cases (Longfors and Otterholm) are in all substantial respects similar to that of Sam Nelson, in which Judge A.N. Hand sustained a writ of habeas corpus, and as we have asked for an appeal of that case and the United States Attorney in New York is to write the Attorney General so recommending, Mr. Parker agreed to the view, of the United States Attorney's office that it would probably do more harm than good to get adverse decisions on these two in addition to the Nelson case. Accordingly an understanding was had all around that these two cases should go over for two weeks and that they would be taken up by the department again. ' ' Both of the cases are pretty near the border line — ^have been so regarded right along, and Longfors was never advised at any stage of the proceedings that he was entitled to counsel. It is now recommended that the aliens be paroled on their own recogni- zance." The alien was released from custody on March 17, 1919. Case to be called up for final determination on or about January 1, 1920. 54379/18. John Morgan. Arrested at Seattle, January 15, 1918, on charge of advo- catiug or teaching the unlawful destruction of property. Ordered deported to England at Government expense under decision of December 2, 1918. Removed to Ellis Island for deportation and petition of attorneys for reopening of the case denied under decision of March 14, 1919. Writ of habeas corpus applied for and in pursuance of understanding with United States attorney's office, as m the two preceding cases, the case was reconsidered and on April 17, 1917, alien's parole was directed under the following decision: I. W. W. DEPORTATION CASES. 61 "In this case it was found as a result of the traverse to the return of the writ of haheas corpus, made by his attorney, that the record and return were defeclave. While these defects, especially those in the return, could have been cured before the court, the United States attorney and Mr. Parker reached the conclusion that the case was BO near like that of Sam Nelson which had been decided against the Government by the district court (and in which an appeal is being recommended by theJJnited States attorney), that togo on with the case would probably result in adding another decision unfavorable to the Government in the district court in New York. They, therefore consented to the suggestion of alien's attorney that the case be allowed to go over in court for two weeks and that meanwhile the matter would be given further considera- tion by the department. ■ ;_ "This man is not shown to be a bad character, nor to have been particularly active in spreading I . W. W. propaganda, although he did act as a delegate and organizer and probably distributed more of the literature than he has been willing to admit. As a matter of expediency, and with the hope that by so doing we will get better results thaji otherwise would accrue in the court at New York, it is now rec^mended that the alien be paroled upon his own recognizance." Alien was released on April 19, 1919. This ease is to be brought up on or about January 1, 1920, for final determination. 54379/185. John Berg. Arrested at Seattle March 19, 1919, on charge, found advo- cating or teaching the unlawful destruction of property. After hearing was held under this warrant, the department granted this alien permission to reship foreign, but the record shows that it was impossible to obtain a berth for him, although the assistance of the Norwegian vice consul was enlisted. On November 20, 1918, ms deportation to Denmark at Government expense was accordingly directed and he was removed to Eyis Island for deportation. Petition for reopemng of the case was filed by attorneys, and on March 14, 1919, the following decision was approved : "Berg has not been regarded on the evidenpe in hand as nearly so dangerous a character as some of the aliens arrested about the sa,me time as he, and the argument made by Attorneys Lowe and Recht has convinced the bureau, taking into considera- tion at the same time evidence given by Miss Lowe (who happens to be personally acquainted with Berg), that it can prpp,erly now recommend that the alien be re- leased on his own recognizance. Miss Lowe has testified very favorably to Berg's general character. He has livec^ in the United States for a long time, and is getting to be an old man. ■ He is a sailor by calling, and he was thought well enough of, on the previous record, to consent to his shippmg out as a sailor, but it proved impracti- cable to get a berth for him on a ship sailing out of Seattle. "The Ellis Island office should be advised J,hat, if the alien now desires to ship as a seaman, they should assist him as far as possible to secure a berth as a sailor; but that if his shipping out is not possible he should be released on his own recognizance." Alien was released March 17, 1919, and his case, together with the others listed in this memorandum, ip to be called up on or about January 1, 1920, for final dis- position. 54517/93. Axel Hendrickson. Arrested at Seattle December 21, 1918, on the charge of being a member of an organization teaching or advocating the unlawful destruction of property, and under decision of February 4, 1919, his deportation to Finland at Government expense was directed on that ground. After removal to Ellis Island and. consideration of an application for reopening of the case, the following decision was approved March 14, 1919: "This case was presented to the department in memorandum of February 4. Un- like most of the cases that are now before the department the original proceedings were instituted under the new act approved October 16, 1918. Attorneys have presented a brief and made an oral argument in this man's favor. The record has again been reviewed in the light of what they present. "The examining officer seems to have been somewhat misled by the wording of the warrant with regard to" what he was expected to interrogate the alien upon, and he devoted himself much more to the matter of attempting to establish the alien's mem- bership in the I. W. W. than he did to ascertaining what, if any, substantial activities had been carried on by the alien himself in the teaching of the unlawful destruction of property. The alien is an ignorant Finlander. He seems to have been acting as an organizer in the I. W. W. to some extent recently. There is little in the record, however, to show that he actually distributed any of the literature published or dis- seminated by that organization which contains the inhibited doctrines. The bureau recommends that the case be reopened and the alien released on his own recognizance." "Alien was accordingly released from custody on March 17, 1919. This case to be called up on or about January 1, 1920, for final disposition. 54379/68. Arthur J. Smith. Arrested at Seattle January 23, 1918, as a person who had been found advocating or teaching the unlawful destruction of property. On 62 I. W. W. DEPORTATION CASES. November 11, 1918, the alien's parole for one year was directed, with the understand- ing that hw "should report quarterly at the immigration office at Seattle, a further investigation into his activities to be made in the meantime, with a view to his re- arrest under the act of October 16, 1918. After his release it was brought to the atten- tion of the Seattle office that he was again active in I. W. W. propoganda, and he was accordingly rearrested under the new law of December 28, 1918, as a member of an organization teaching the unlawful destruction of property. Deportation to England at Government expense was directed by decision of February 4, 1919, and he was accordingly removed to Ellis Island. An application for reconsideration was decided in alien's favor on March 14, 1919, for the reason that his case corresponded with that of James Lund (first case quoted in this memorandimi). He was accordingly released from custody on March 17, 1919. His case is now under investigation by the Seattle office. 54235/160. Mike Elick. Arrested at Akron, Ohio, December 10, 1917, on the ground found advocating or teaching anarchy. Deportation to Russia at Government expense directed November 23, 1918. Deportation stayed for some time on accouni of condi- tion of wife's health. Application for writ of habeas corpus was made in this case, but was subsequently withdrawn and application made for reopening of the case before the department. This was granted and considerable new material was sub- mitted to the department, as a result of which the following decision was approved March 21, 1919: "The bureau has again reviewed the record concerning this man. There are some parts of his testimony which make a very good impression. He is a member of the Russian Workers' Union and of course his deportation could be justified as a legal proposition simply upon that ground as the constitution of that organization shows it to be anarchistic; but under all of the circumstances the bureau feels that it would be proper at this time to give the alien the benefit of such doubts as exist regarding his being an anarchist himself or having engaged actively in anarchistic propaganda in this country. It is accordingly recommended that he be paroled on his own recog- nizance." This case has never finally been determined and is on the calendar to be brought up for final considerstion about January 1, 1920. 54379/76. Jalmar Holm. Arrested at Seattle January 25, 1918, on the charge, advo- cating or teaching the unlawful destruction of property. Ordered deported to Sweden at Government expense by decision of November 5, 1918, with theprovision that until deportation became possible he should be released under rule 17-A. He refused such release and was rearrested under act of October 16, 1918, and under decision of Feb- ruary 4, 1919, was again ordered deported to Sweden at Government expense, as a member of an organization teaching or advocating the unlawful destruction of prop- erty. He was brought to Ellis Island for deportation, and after consideration of peti- tion for reopening of case, his release on his own recognizance was directed by decision of March 14, 1919, for the same reasons as set forth in the case o^ James Lund, quoted at the beginning of this memorandum. This case is also to be called up on or about January 1, 1920. 54235/102. Ephim Listkoff. Arrested at Seattle November 28, 1917, on the ground, advocating or teaching anarchy. This alien was a member of the Russian Workers' Union. His deportation to Russia at Government expense was directed by decision of November 18, 1918, and being unable to furnish bond in the sum of $1,000 (the acceptance of which was authorized), he was conveyed to New York for deportation. On March 20, 1919, the following decision was approved, after a reopening of the case on petition of alien's attorneys: "This man is a member of the Russian Workers' Union. He has been an officer of the local union in Seattle and e^T-dently has been something of a leader. He was arrested under the act of 1917, however, charged with advocating or teaching an- archy; no action has ever been taken against him under the act of October 16, 1918. As the constitution of the Russian Workers' Union shows it to be an anarchistic organi- zation, it would be a perfectly simple matter to bring about the deportation of this alien under the act of October 16; indeed, a pretty fair case is made out against him under the previous law. But on reviewing his testimony in detail the bureau is considerably irnpressed with his claim that, while he is quite radical in his views with respect to the rights of laboring men as compared -wdth those of capitalists, he is not an anarchist himself ana has not been, directly at least, spreading any anarchistic ' The bureau now recommends that the alien be paroled upon his own recogni- zance." He was accordingly released March 25, 1919, and his case is to be brought up for final determination on or about January 1, 1920. I. W. W. DEPORTATION CASES. 63 54235/102. GuBtav Lipkins. Arrested at Leadville, Colo., March 27, 1918, as a person advocating the unlawful destruction of property. Under decision of January 2, 1919, deportation to Russia at Government expense was directed. Petition was thereafter made_ by attorneys for reopening of the case, and on March 20, 1919, the following decision was approved: "The bureau has reviewed the record again on the basis of the representations made by the attorneys. While it believes that from a strictly legal point of view the deportation of the man could be justified, the bureau is now inclined to give him the benefit of such doubts as exist regarding his persoual advocacy or teaching of the unlawful destruction of property and accordingly recommends that he be paroled on his own recognizance." He was accordingly released on March 23, 1919, and his case is to be called up on or about January 1, 1920. 54235/112. Aaron Slutzker. Arrested at Seattle November 28, 1917, on the ground, advocating or teaching anarchy. By decision of September 28, 1919, was ordered deported to Russia at Government expense when possible, and in the meantime to be released on bond of |1,000, the ground for deportation being that he was a person likely to become a public charge at time of entry. He was accordingly removed .to Ellis Island for depprtation, a/nd petition was made by his counsel for a review and reopening of the case, which was granted by department decision of March 14, 1919, as follows: "It is not shown that the alien is a member of the Russian Workers' Unipn. He denies being a member of the I. W. W., but his denial is not altogether convincing. It is not shown, however, that he has been active in distributing the literature of the I. W. W. that teaches the unlawful destruction of property. The charge made in the warrant of deportation is simply that he was likely to become a public charge at the time of his last entry from Canada. He served in the Canadian Army for a short period, and made a favorable impression upon his officers. He was discharged because he was not physically fit for overseas duty. "Altogether, on again reviewing the record, the bureau is disposed to recommend that the application for reopening be granted, and the alien released on his own recognizance." Was released on March 17,-1919, and case is to be brought up for final determination on or about Januarv 1, 1920. 54379/400. Andrew Ciafalo. Arrested at New York March 31, 1919, on ground of advocating or teaching anarchy. At the time the warrant of arrest was served, this alien was under a bond of $1,000 to the United States court, and he was accordingly paroled to the custody of his attorney. His deportation to Italy at Government expense was directed under decision of May 26, 1919. Attorney has been called upon to produce this alien for deportation, and efforts are now being made to take him into custody. 54379/529. Katie Cohen. Arrested at Chicago June 22, 1918, on the ground of advo- cating or teaching anarchy. On account of her physical condition at the time, it was inhumane to keep her in custody, and she was unable to furnish bond. She was accordingly paroled to the custody of her attorney. Hearing. was in the meantime held under the warrant of arrest, and her deportation to Russia at Government expense was directed by decision of June 11, 1919. The bureau is informed that this alien is now in New York City, and if located she will be taken into custody under the outstanding warrant of deportation. SEATTLE CASES RELEASED ON BOND. 54379/491. Charles Bernat. Arrested at Seattle June 14, 1918, on the charge advocating or teaching unlawful destruction of property; ordered deported to Russia at Government expense November 21, 1918. Writ of habeas corpus applied for and dismissed by United States court at Seattle; brought to Ellis Island for deportation February 11, 1919; writ of habeas corpus again applied for in United States court at New York and dismissed by said court June 6, 1919. Release under bond in the sum of $1,000 approved July 22, 1919. 54379/425. Alex Kisil. Arrested at Seattle May 5, 1918; same ground as preceding ' case. Deportation to Austria at Government expense directed by decision approved December 2, 1918; release under rule 17-A to be permitted pending deportation. It was impossible to comply with this condition and alien was accordir^iy removed to Ellis I^nd for deportation; 'writ of habeas corpus sued out, dismissed by United States court at New York; release under bond in the sum of $1,000, pending possible deportation to his native country authorized July 22, 1919. 54379/134. Peter Williamson Merta or Melta, and wife, Elsie. Husband arrested at Seattle March 1, 1918, as a person found advocating or teaching the unlawful 64 I. W. W. DEPORTATION CASES. destruction of property, and rearrested under new anarchy law, December 13, 1918; ordered deported to Finland at Government expense January 3, 1918; wife arrested January 24, 1919, as a member of an organization advocating or teaching the unlawful destruction of property, and on that ground ordered deported to Finland at Govern- ment expense February 4, 1919. These aliens were removed to Ellis Island for deportation February 11, 1919, after writ of habeas corpus had been denied by the courta in Seattle. Writ of habeas corpus applied for in United States court at New York and dismissed. DiiSculty having been had in securing a passport to Finland for these aliens, a temporary release under bond was approved At^st 30, 1919. Former advices of the State Department are that considerable difficulty is being , experienced in getting the provisional Finnish minister to authorize passports, and it may be a considerable length of time, if at all, before such passports can be seciured. 54379/101. Kazis Maskalunas. Arrested at Seattle January 31, 1918, on the ground advocating or teaching anarchy, and ordered deported to Russia at Government expense; removed to ElUs Island for deportation; case was reopened at request of attorneys for production of additional evidence, but this was not submitted, and the case has recently been closed and arrangements are now being made for alien's deporta- tion as soon as possible. He is now at large on ?1,000 bond. 54379/12. Sol Ehrlich. Arrested at Seattle January 14, 1918, on the ground advocat- ing or teaching the unlawful destruction of property; ordered deported to Russia at Government expense November 19, 1918, and brought to New York for deportation. Application of counsel to reopen case denied and writ of habeas corpus appUed for, but case not brought into court as the attorney conceded "that on the record it would hardly be worth while to take up the tin^e of the comt with an argument." Pending deportation to Russia, alien has been released on depositing Liberty bonds amounting to $1,000. 54616/18. John Patterson. Arrested at Seattle, February 7, 1919, as a disbeliever in all organized Government, etc. Ordered deported to Scotland at Government expense, on the ground "found advocating or teaching the unlawful destruction of property. Owing to inability to secure passport from British Government (no proof of birth), it has not been possible to deport, and authority was granted July 29, 1919, for alien's release on deposit of $500 in Liberty bonds. 54379/100. Hersh Linsky. Arrested at Seattle, January 29, 1918, and ordered de- ported, January 23, 1919, as a person found advocating or teaching anarchy, deporta- tion at the expense of the steamship company to the country whence alien came. He arrived at Seattle October 7, 1916, via Osaka Shosen Kaisha from Harbin, Siberia, by way of Japan. OASES ARISING AT SEATTLE UNDER ANARCHISTIC AND SIMILAR PROVISIONS IN WHICH THE ALIENS CONCERNED HAVE BEEN DEPORTED. 54547/15. Herbert Harold Jackson. Arrested at Seattle, December 24, 1918, and ordered deported to England at Government expense February 4, 1919, as a member of an organization teaching the unlawful destruction of property. Deported Feb- ruary 27, 1919. 54379/196. Henning Anderson. Arrested at St. Maries, Idaho, March 26, 1918, on the ground advocating or teaching unlawful destruction of property; ordered deported to Sweden at Govempient expense September 20, 1918, and deported Noveinber 4, 1918, after an application for writ of habeas corpus had been denied. 54379/532. Margaret and Janet Roy. Arrested at Seattle, June 24, 1918, on the ground found advocating or teaching the unlawful destruction of property; deported to Scot- land at steamship company's expense, July 22, 1919. 54379/451. David Nordloff. Arrested at Seattle, May 22, 1918, on ground found ad- vocatiug or teaching the unlawful destruction of propertjr; ordered deported to Sweden at Government expense June 6, 1919; departed voluntarily with family June 12, 1919. 54379/241. Lars Anderson. Arrested at Seattle, April 6, 1918, on ground advocating or teaching the unlawful destruction of property; ordered deported to Sweden at Gov- ernment expense October 2, 1918, and deported November 4, 1918; writ of habeas corpus issued but dismissed. 54517/88. Sidney Metcalfe. Arrested at Seattle, January 4, 1919, and ordered de- ported to England at Government expense May 28, 1919, as advocating the overthrow by force or violence of the Government of the United States. Deported June 21, 1919. 54379/197. David E. Johnson. Arrested at Seattle, March 26, 1918, on ground ad- vocating or teaching the unlawful destruction of property; ordered deported to Sweden at Government expense October 2, 1918, and deported November 4, 1918, after an application for writ of habeas corpus had been denied. 54379/199. Nels Madison. Arrested at St. Maries, Idaho, March 26, 1918, on same ground as preceding case; ordered deported to Norway October 2, 1918 at Govern- I. W. W. DEPORTATION CASES. 65 ment expense; deported November 4, 1918, after an application for writ of habeas corpus had been denied. 54379/61. Fritz Holm. Arrested at Seattle, February 6, 1918, on ground found ad- vocating or teaching unlawful destruction of property; ordered deported to Sweden at Government expense January 22, 1919; deported July 8, 1919, after an applica- tion for writ of habeas corpus had been denied. ' 54379/9. Oscar Johnson. Arrested at Seattle, January 14, 1918, on same ground as preceding case; ordered deported to Sweden at Government expense October 2, 1918; deported October 31, 1918. 54379/13. Charles Peter Einerson. Arrested at Seattle, Jantiary 14, 1918, on ground found advocating or teaching the imlawful destruction of property; oi^ered deported to Germany at Government expense December 31, 1918; deported September 26, 1919, as a person likely to become a public charge at time of entry. 54379/116. Karl W. Sonntag. .4rrested at Walla Walla, Wash., on ground foimd advocating or teaching the unlawful destrucDion of property; accepted repatriation on June 23, 1919, before warrant of deportation to Germany issued. 54517/68. Olaf Finne.''tad. Arrested at Seattle, October 28, 1918, on ground ad- vocating or teaching the unlawful destruction of property; ordered deported to Norway at Government expense January 25, 1919; deported March 1, 1919. ' 54379/240. Edward Berg. Arrested at Seattle, April 6, 1918, on charge found advo- cating or teaching the unlawful destruction of property; ordered deported to Sweden at Government expense October 2, 1918; writ of habeas corpus sued out but dismissed; deported November 4, 1918. 54379/417. Thomas Rimmer. Arrested a,t Seattle, May 8, 1918, on charge found advocating or teaching unlawful destruction of property; ordered deported to England at Government expense December 5, 1918; deported February 27, 1919, as a person likely to become a public charge at time of entry. 54379/416. WiUiam Fields. Arrested at Seattle,, May 8, 1918, on charge found ad- vocating or teaching the unlawful destruction of property; ordered deported to England at Government expense January 31, 1919; deported February 27, 1919. 54379/503. Samuel H. Dixon". Arrested at Seattle, June 10, 1918, on chrage found advocating or teaching the unlawful destruction of property; ordered deported to England at Government expense November 26, 1918, and deported June 21, 1919, after an application for writ of habeas corpus had been denied. - 54379/74. W. E. Graham. Arretted at Seattle, January 25, 1918, on charge found advocating or teaching the unlawful destruction of property; ordered deported to Canada at Government expense October 7, 1918; deported January 9, 1919, as a person likely to become a public charge at time of entry. 54379/54. John Sheehan. Arrested at Seattle, January 19, 1918, on charge found advocating or teaching the unlawful destruction of property; ordered deported to Ireland at Government expense December 3; 1918, deported February 27, 1912. 54235/57. Henry W. Watts: Arrested at Seattle, October 15, 1917, on charge found advocating or teaching the unlawful destruction of property; ordered deporte^ to Canada January 25, 1918; deported as a person likely to become a public chaise at time of entry February 27, 1918. 54379/33. Otto Bergleind. Arrested at Seattle January 17, 1918, on charge found advocating or teaching anarchy; ordered deported to Sweden at Government expense October 2, 1918; deported October 31, 1918, as found advocating or teaching the unlawful destruction of property. 54379/235. Charles Spangberg. Arrested at Seattle April 6, 1918,on charge found advocating or teaching the unlawful destruction of property; ordered deported to Sweden October 2, 1918, at Government expense, and deported November 4, 1918, afterlan application for writ of habeas corpus had been denied. 54517/68. Adolph Errson. Arrested at Seattle October 23, 1918, on charge found advocating or teaching the unlawful destruction of property; ordered deported to Sweden at Government expense January 25, 1919; deported June 26, 1919. 54517/54. Donald McPherson. Arrested at Seattle September 9, 1918, on charge found advocating or teaching the unlawful destruction of property; writ of habeas corpus dismissed, and alien ordered deported to England at Government expense January 18, 1919; deported July 12, 1919. 54379/36. August AUman. Arrested at Seattle January 18, 1918, on charge found advocating or teaching the unlawful destruction of property; accepted repatriation September 25, 1919, before warrant of deportation to Germany issued, 54379/52. Paul Bussert. Arrested at Seattle December 16, 1918, on charge of being member of or affiliated with an organization that entertains belief in the overthrow bylforce or violence of the Government of the United States; accepted repatriation- September 25, 1919, before warrant of deportation to Germany was serve'd. 178317—20 5 66 I. W. W. DEPOKTATION CASES. 54379/64. Alfred Hoffman. Arrested at Seattle, January 23, 1918, on charge found advocating or teaching the unlawful destniction of property; accepted repatriation June 23, 1919, before warrant of deportation to Germany was served. LIST OP ANARCHISTS POR 1918. No. 54379/1. Charles Von Lens, criminal, New York. No. 54379/2. Donald Fraser, anarchist, Portland. No. 54379/3. Frederico Ricci, L. P. 0. and anarchist, Boston. No. 54379/4. Jose Gomez, espionage, Philadelphia. No. 54379/5. Joe Martin, anarchist, Seattle. No. 54379/6.- Serge Perow, anarchist, Seattle. No. 54379/7. Sam Robinson, anarchist, Seattle. No. 54379/8. Gus Cashier, anarchist, Seattle. No. 54379/9. Oscar Johnson, L. P. C. and anarchist, Seattle. No. 54379/10. Joe Schneider, anarchist, Seattle. No. 54379/11. John Eder, anarchist, Seattle. No. 54379/12. Sol Ehrlick, anarchist, Seattle. No. 54379/13. Charles Emerson, anarchist, Seattle. No. 54379/14. James Anthony, anarchist, Seattle. No. 54379/15. Frank Sulak, anarchist, Seattle. No. 54379/17. Hyman Schuster, alleged I. W. W., Cleveland. No. 54379/18. John Morgan, anarchist, Seattle. No. 54379/19. Albert Beauchamp, anarchist, Seattle. No. 54379/20. Adolph Ader, anarchist, Seattle. No. 54379/21. Michael Ounpu, anarchist, Seattle. No. 54379/22. James Mullarkey, anarchist, Seattle. No. 54379/23. Edwin Flogaus, anarchist, Seattle. No. 54379/24. Angelo Dandrea, anarchist, Seattle. No. 54379/25. William Reitman, anarchist, Seattle. No. 54379/26. Andrew Gayak, anarchist, Seattle. No. 54379/27. Oscar Johnson, anarchist, Seattle. No. 54379/28. John Leivo, anarchist, Seattle. No. 54379/29. Gust Hansen, anarchist, Seattle. No. 54379/30. John Jussilainen, anarchist, Seattle. No. 54379/31. Tom Webber, anarchist, Seattle. No. 54379/32. Fred Melin, anarchist, Seattle. No. 54379/33. Otto Bergleind, anarchist, Seattle. No. 54379/34. Charles Keller, L. P. C. and I. W. W., Cleveland. No. 54379/35. Clara Alderton, anarchist, Seattle. No. 54379/36. August AUman, anarchist, Seattle. No. 54379/37. Isaac Beck, anarchist, Seattle. No. 54379/38. Lazar Evanoff, anarchist, Seattle.- No. 54379/39. Giist Hillman, anarchist, Seattle. No. 54379/40. Charles W. Johnson, anarchist, Seattle. No. 54379/41. Anton Karfres, anarchist, Seattle. No. 54379/42. John KershuU, anarchist, Seattle. No. 54379/43. Albert R. Lewis, anarchist, Seattle. No. 54379/44. James Lund, anarchist, Seattle. No. 54379/45. Harold Moore, anarchist, Seattle. No. 54379/46. John Tady, anarchist, Seattle. No. 54379/47. Charles Gray, anarchost, Seattle. No. 54379/48. Lloyd MUler, anarchist, Seattle. No. 54379/49. William Alderton, anarchist, Seattle. No. 54379/50. Christ Johnson, anarchist, Seattle. No. 54379/51. Oscar Carlson, anarchist, Seattle. No. 54379/52. Paul Bussertt, anarchist, Seattle. No. 54379/53. August Bostrom, anarchist, Seattle. No. 54379/54. John Sheehan, anarchist, Seattle. No. 54379/55. Gottfried Julin, anarchist, Seattle. No. 54379/56. Jack Melling, anarchist, Seattle. No. 54379/57. Chris. Stavlo, anarchist, Seattle. No. 54379/58. Mike Vassilefi, anarchist, Seattle. No. 54379/59. Paul Cary, anarchist, Seattle. No. 54379/60. Max Shellberg, anarchist, Seattle. No. 54379/61. Fred Fisher, anarchist, Seattle. No. 54379/62. Frank Schneider, anarchist, Seattle. No. 54379/63. Frank Keskin, anarchist, Seattle. I. W. "W. DEPORTATION CASES. 67 No. 54379/64. Alfred Hoffman, anarchiBt, Seattle. ' No. 54379/65. Albert Becker, anarchist, Seattle. No. 54379/66. Carl Swanson, anarchist, Seattle. No. 54379/67. Ed Anderson, anarchist, Seattle. No. 54379/68. Arthur J. Smith, anarcMat, Seattle. No. 54379/69. Nicholis Shagai, anarchist, Seattle. No. 54379/70. James Simpson, anarchist, Seattle. No. 54379/71. Hectro Morris, anarchist, Seattle. No. 54379/72. Joe Comas, Chicago. No. 54379/73. Sam Savchuk, spy. No. 54379/74. W. E. Graham, anarchist, Seattle. No. 54379/75. Rudolf Tachahble, anarchist, Seattle. No. 54379/76. Jalmar Holm, anarchist, Seattle. No. 54379/77. Herman Johnson, anarchist, Seattle. No. 54379/78. Hugo Caorlson, anarchist, Seattle. No. 54379/79. Andrew Olsen, anarchist, Seattle. No. 54379/80. Alfred Groener, anarchist, Seattle. No. 54379/81. James Rian, anarchist, Seattle. No. 54379/82. William Longfors, anarchist, Seattle. No. 54379/84. Karl Otto, A. C. I. M. T., San Francisco. No. 54379/85. Alexander Perttula, anarchist, Seattle. No. 54379/86. Charles Jackson, anarchist, Seattle. No. 54379/87. Sigurd Leveng, anarchist, Seattle. No. 54379/88. Albert Smith, anarchist, Seattle. No. 54379/89. James Orr, anarchist, Seattle. No. 54379/90. Pete Mundy, anarchist, Seattle. No. 54379/91. Stanislaw Bohaneke, anarchist, Seattle. No. 54379/92. Charles Flannagan, anarchist, Seattle. No. 54379/93. Edward Ekstron, anarchist, Seattle. No. 54379/94. Carl Carlson, anarchist, Seattle. No 54379/96. Cjl Newman, anarchist, Seattle. No. 54379/97. William Trojoni, Harold Andreen, and Alie Johnson, anarchists, San Francisco. No. 55379/100. Hirsch Linsky, anarchist, San Francisco. No. 54379/101. Kaziz Maskilunas, anarchist, San Frajicisco. No. 54379/102. Albin Leaf, anarchist, Seattle. No. 54379/103. Otto Schmidt, anarchist, Seattle. No. 54379/104. Gussippi Galliupo, anarchist, Chicago. No. 54379/107. Vitan Deleft, anarchist, Seattle. No. 54379/108. Arthur Common, anarchist, Seattle. No. 54379/109. John Duffy, anarchist,, Seattle. No. 54379/110. Joseph Conrad, anarchist, Seattle. No. 54379/111. Henry Hermanson, anarchist, Seattle. No. 54379/112. John Osolin, anarchist, Seattle. No. 54379/113. Severin Mathiesen, anarchist, Seattle. No. 54379/114. Fritz Holm, anarchist, Seattle. No. 54379/115. Ralph Freeburg, anarchist, Seattle. No. 54379/116. Karl Soimtag, anarchist, Seattle! No. 54379/117. John Nelson or John Johnson, criminal, Minneapolis, No. 54379/122. Harry Reed, anarchist, Seattle. No. 54379/125. Paul Zygaloff, anarchist, Cleveland. No. 54379/126. Edgar Robinson, anarchist, Seattle. No. 54379/130. Nicola Petruccelli, antidraft, Cleveland. No. 54379/133. Melvin or Russell Graham, criminal, Jacksonville. No. 54379/134. Peter Williamson, anarchist, Seattle. No. 54379/173. Fred Alquist, anarchist, Seattle. No. 54379/176. Frederick Esmond, anarchist, San Francisco. No. 54379/181. Peter Harry Zibrands, anarchist, Seattle. No. 54379/182. John De Rousie, A. 0. I. M. T., Seattlej also Charles Smith, P. C, Seattle. . . . , No. 54379/183. G. S. Ross, anarchist, Sea,ttle; also Chas. De Angelli, criminal, Seattle. No. 54379/184. William Fitzgerald, anarchist, Seattle; same No., Alex Boggio, anarchist, Spokane. „ _, No. 54379/185. John Berg, anarchist, Seattle; also Andrea Gonzales, San Francisco. No! 54379/186. Frank Mihalik, anarchist, Seattle. No. 54379/192. Peter Perruchon, anarchist. Globe, Ariz. 68 i- W. W. DEPORTATION CASES. No. 54379/193. Tom Scott, anarchist, Spokane. No. 54379/194. Warner Strang, anarchist, Spokane. * No. 54379/195. Michael Fitzwilliams, anarchist, Spokane. No. 54379/196. Henning Anderson, anarchist, Spokane. No. 54379/197. David E. Johnson, anarchist, Spokane. No. 54379/193. John Burke, anarchist, Spokane. No. 54379/199. Nels Madison, anarchist, Spokane. No. 54379/200. Henry Gavran, anarchist, Seattle. No. 54379/201. John Gordon, anarchist and pro-German. No. 54379/202. Samuel Brooks, anarchist, Seattle. No. 54379/203. Florrie Brooks, anarchist, Seattle. No. 54379/204. Sam Nelson, anarchist, Denver. No. 54379/205. Gus Lipkin, anarchist, Denver; Rec. w/Dtn new grds, 5/2/18, No. 54379/207. Vincent, Carella, anarchist, Spokane. No. 54379/209. Albert De Bary, alien enemy. No. 54379/226. Polikarp G. Cuizewski, anarchist, Chicago. No. 54379/235. Emery Sarrazin, anarchist, Spokane. - No. 54379/236. Charles Spangberg, anarchist, Spokane. No. 54379/237. Carl Holmes, anarchist, Spokane. No. 54379/238. Charles Muki, anarchist, Spokane. No. 54379/239. Charles Johnson, anarchist, Spokane. No. 54379/240. Edward Berg, anarchist, Spokane. No. 54379/241. Lars Anderson, anarchist, Spokane. No. 54379/247. Joseph Hansen, anarchist, Seattle. No. 54379/248. Henry Gavran, anarchist, Seattle. No. 54379/249. Samuel Brooks, anarchist, Seattle. No. 54379/250. Florrie Brooks, anarchist, Seattle. No. 54379/252. Carl Grandstrom, anarchist, Seattle. No. 54379/270. Nicola Peeff. anarchist. Denver. ALIEN MEMBERS OF I. W. W. PAROLED. The Chairman. Mx. Blackwood, you were also requested to obtain data with reference to alien members of the I. W. W. organization who were paroled in different parts of the United States; we will hear from you regarding that phase of the question. Mr. Blackwood. Under the heading "Memorandum in re deferred cases in which aliens paroled for varying periods on thieir own recog- nizance" there appears in the files of the Bureau of Immigration a very interesting document. This document consists of two pages of memorandum and a list of names of aliens paroled as above stated. The memorandum is worthy of special notice and should be digested carefully. Near the bottom of page 1 there is considerable com- ment with reference to decisions of courts in the State of Washington, the memorandum after commenting on the decisions of Judge Rudkin, states that Judge Neterer was following Judge Rudkin's decisions in cases arising in his district. The statements contained in the Paragraph mentioned are eroneous and misleading and are not ased on facts. Judge Neterer denied writs in practically all cases of I. W. W. members, his written opinion in the Bemat and Dixon cases set forth his attitude and judgment, which is decidedly in favor of the Government. (Decisions mentioned will appear else- where in this report and were furnished bureau promptly). The last paragraph of Judge Rudkin's decision in the Marhow case also shows the memorandum above mentioned to be misleading. The first paragraph on the second page of said memorandtiin seems to indicate that the department did not wish a decision from the circuit court of appeals to the effect that aliens could be deported on account of menibership in the I. W. W. organization. I. W. W. DEPORTATION CASES. 69 The list of paroled members of that organization attached to the memorandum mentioned, is far from being a complete list of all the aliens paroled. The documents mentioned read as follows : MEMORANDTJM IN RE DEFERRED CASES IN WHICH ALIENS WERE PAROLED FOR VARYING PERIODS ON THEIR OWN RECOGNIZANCE. On December 2, 1918, the bureau presented to the department the following mem- orandum, which received the approval of the Secretfry, concerning the caeea of certain aliens arrested in the State of Washington on the ground that they had been found advocating or teaching the unlawful destruction of property: During the past few weeks the bureau and department have, disposed of almost. 200 cases of aliens arrested under the immigration act of February 5, 1917, either upon the ground relating specifically to the anarchistic classes or upon the ground that the aliens have been found advocating or teaching the unlawful destruction of property. The case of Carl Holmes is fairly illustrative of the cases in which the department has directed deportation when possible, the theory upon which the evidence has been discussed being set out in the bureau memorandum in said case, dated September 24., In some of the case? it was found that there was not sufficient evidence to justify either deportation or further inquiry or investigation; in those the warrants were canceled. In quite a few, while the evidence was not sufficient to iustity immediate deportation, it was thought advisable to defer decision and parole the alien involved, either upon his personal recognizance or under Eule XVlI-A (making provision for employment, retention of part of pay, etc.). Writs of habeas corpus have been sued out in most of the cases arising in Washing- ton. In five or six cases in which an attempt was made to seciue writs at New York the court declined offhand to grant the writs. In the Washington cases, however; the disposition of the courts seems to be to release the aliens. Judge Rudkin, of the eastern district of Wadiington, rendered a wiitten decision in the Holmes case (Carl Holmes, discharged &om custody on habeas corpus proceedings). His oral decisions in a number of other cases are along the same lines (i. e., that the aliens were not shown to have personally advocated or taught by their own words and conduct the unlawful destruction of property), except that in several instances he has stated that he hesitated the less to sustain the writ because a law passed by Congress, and approved by the President on October 16, 1918, seems to afford the department ample ground for instituting new proceedings against the aliens (membership in or affilia- tion with an organization that advocates or teaches the unlawful destruction of prop- erty, etc.). Judge Neterer, of the western district of Washicgton, seems inclined, BO the special assistant to the Attorney General at Seattle reports, to follow Judge Rudkin's decision. It seems apparent, liierefore, that practically all of the aliens will secure their release through the courts, as apparently all are resorting to the courts that have either been ordered deported or been released on parole. The question of appealing to the Circuit Court of Appeals has been discussed at some length with officials of the Department of Justice. There is some variety of opinion among these officials. The bureau at first was strongly of the opinion th&.t appeal should be taken ; but a possibility, to which its attention was but recently directed, has led it to entertain some doubt of the wisdom of appealing. That possibility is this:. If the appeal is taken and Judge Rudkin's opinion affirmed, the Immigration Service will be no better off, but possibly worse off, than at present; on the other hand, if Judge Rudkin is overruled by the appellate court, it is pointed out by Assistant Attorney General Porter that there is a strong likelihood that the circuit court of appeals will hold in so overruling the lower court that aliens proceeded against undir ffie old law on the gi-ound that liiey have been advocating or teachipg the unlawful destruction of property are subject to deportation if the evidence shows that they have been teaching or advocating same simply through and by virtue of membership in an organization, the I. W. W., that advocates and teaches that doctrine, and that this, in its final analysis, would amount to the doing of the very thing the department has been attempting to avoid — the deporting of the aliens because they belong to the I. W. W. . . If the result of appealing would be either to force the department to institute new proceedings under the act of October 16, 1918, or to proceed with the deporta- tion of the aliens under the old law upon the basis of a decision of the kind last above described, it would seem that the time, trouble, and expense of perfecting appeals in the numerous cases would be wasted. In other words, if the department is going to be forced eventually to handle the I. W. W. cases under the new law, it might as well handle them under that law immediately. 70 I. W. W. DEPORTATION CASES. The bureau, therefore, suggesting, tentatively, that all of the cases be taken up again and the records separated into two classes, to wit, those showing the aliens to be active and dangerous advocates and teachers of the unlawful doctrine, and those showing the aliens to be, while members of the organization, rather inactive in connection therewith and not dangerous advocates or teachers; that for members of the first class warrants be issued under the new act, charging that they are mem- bers of an organization that advocates and teaches the unlawful destruction of property, and that with respect to the second class of records they be filed without further action. It was accordingly determined that the following aliens should be released from custody as belonging to the second class named in the last paragraph quoted above. There cases were accordingly left open and they were as a rule paroled for one year, generally with the condition that they report periodically to the immigration office at Seattle concerning their whereabouts and occupation: 54379/108. Arthur Common. 5437J9/109. John Duffy. 54379/423. Gus Johnson. 54379/424. Ed Aspelin. 54379/422. Michel Brech. 54235/54. Emil Norby. 54379/80. Alfred Greener. 54379/71. Hector Morris. 54379/79. Andrew Olsen. 54235/137. Frederico Cataline. 54379/15. Frank Sulak. 54235/111. Arnold David Simonaon. 54235/117. Guiseppi Bertolotti. 54379/418. Antonio Wolfe. 54379/462. William Butler. 54379/38. Lazaar Evanoff. 54379/235. Emery Sarrazin. 54379/238. Charles Maki. 54379/122. Harry Reed. 54379/181. Peter Harry Zibrands. 54379/173. Fred Alquist. 54235/97. Luigi Ercolini. 54235/118. Pietro Sandretto. 54235/130. Anton Walcovich. 54235/104. Paul Malekovich. 54379/414. James Johnson. 54235/105. John Materioli. 54379/419. John Strom. 54235/113. Vincenzo Zaccagaini. 54379/14. James Anthony. 54379/69. Nicholas Shagai. 54379/450. Eugene Belmont. 54517/58. Theodore Freeman. 54379/93. Edward Ekstrom. 54379/94. Carl Carlson. 54379/107. Vitan Deloff. 54379/26. Andrew Gavak. 54379/25. William Reitman. 54879/42. John KershuU. 54379/184. Alex. Boggio. 54379/372. Nicola Pafmiotti. 54379/63. Frank Keskin. 54379/24. Angelo Dandrea. 54379/35. Clara Alderton. 54379/49. William Alderton. 54235/148. Andrea Lazzari. 54235/143. Emilio Ghelfi. 54379/30. John Jussilainen. 54379/32. Fred Melin. 54379/55. Gottfried Julin. 54379/41. Anton Kaeres. 54379/252. Carl August Grandstrom, 54379/249. Samuel Brooks. 54379/248. Henry Gavran. 54379/247. Joseph Hansen. '54379/22. James Mullarkey. 54379/20. AdolphAder. 54379/10. Joe Schneider. 54379/37. Isaac Beck. 54379/27. Oscar Johnson. 54879/89. James Orr. 54379/29. Gustav Hansen. 54379/77. Herman Johnson. 54235/134. Enrico Guiditti. 54379/81. James Rvan. 54379/60. Max Shellberg. 54235/132. Giovanni Caviemo. 54379/91. Stanislaw Bohanek. 54235/125. Geor<;e Painich. 54235/123. Batis'te Querio. 54235/119. Constantino D'Ascenco. 54235/131. Giovanni Morgando. 54235/133. Antonio Pomota. 54235/151. Umberto Rossi. 54379/21. Mike Ounpu. 54235/138. Ottavio Bonanni. 54379/198. John Burke. 54379/207. Vincent Carella. 54235/93. Pietro Belli. 54235/95. Titino Dentino. 54379/463. Ernest Johnson. 54379/65. Albert Becker. 54379/193. Tom Scott. 54379/194. Warner Strang. 54379/195. Michael Fitz%villiams. 54235/109. Achille Ricci. 54235/94. Steppen Chinevich. 54517/50. Bernard Linau. 54235/100. Attilio Ghilardi. 54235/101. Sihdo Ghilardi. 54379/66. Carl Swanson. 54379/56. Jacob Jacobsen. 54379/58. Mike Vassileft", 54379/45. Harold Moore. 54379/47. Charles Gray. 54379/46. John Tady. 54379/40. Charles Johnson. 54379/39. August Hillman. I. W. W. DEPORTATION CASES. 71 The following cases arising in various districts were also held open and the aliens released on parole pending final decision. As a general proposition, sufficient evidence to justify deportation was not at the time available. St. Louis, Mo.: 54379/354. J. Gelmini. 54517/27. Joseph Bartoli. 54379/507. Angelo Rocco. Montreal, Canada: 54379/426. Arthur Bartoli. Cleveland, Ohio: 54649/271. Mike Chaykosky. Boston, Mass.: 54379/327. Ettore Gianinni. 54379/311. Ernest R. Perrella. 54379/427. Martino Pulito. 54379/370. Portunato Renzoni. 54379/356. Celso Galavotti. 54517/30. Arturo Nicolai. 54379/364. Giuseppe Sardi. 54379/371. Giuseppe Ramella. Boston, Mass. — Continued. 54379/380. Venanzio Maio. 54379/362. Domenico Pandolfi. Pittsburgh, Pa.: 54616/92. Carmello Mortorro. 54235/79. Milan Jurisio. New York, N.Y.: 54379/346. Luigi Beduschi. San Francisco, Calif. : 54616/6. Mendoza L. Schwertfeger. 54616/26. Julius Weinberg. 54616/101. Hubert John Levey. Chicago, 111.: 54517/41. Frank Camavale. El Paso, Tex.: 54379/391. Giglio Fiorini. BEOISION OF JUDGE NETEEER IN CASE OF DIXON AND BAENAT. The decision of Federal Judge Neterer in case of Samuel H. Dixon and Charles Bernat, which is very important in connection with the I. W. W. organization, a copy of which is on file in the Bureau of Immigration, reads as follows : Note.— Dixon was deported. Bernat released after having been transferred to Ellis Island. His whereabouts is unknown. [United States District Court, Western District of Wasliington, Northern Division.] In the matter of the application of Samuel H. Dixon, for writ of habeas corpus. Filed December 17, 1918. In the matter of the application of Charles Bernat, for writ of habeas corpus. Filed December 17, 1918. Hinman D. Folsom, jr., attorney for Government. Ralph S. Pierce and Geo. F. Vanderveer, attorneys for defendants. Neterer, district judge: These eases were submitted to the court together. The issue is identical. The facts are similar, but of different emphasis. The cases will be disposed of together. Each petitioner is ordered deported upon the ground "that he has been found advocating and teaching the unlawful destruction of property . " Dixon is a subject of England; Bernat is a subject of Russia. Each petitioner seeks release on the ground that he has been denied a fair hearing; that there is no evidence to support the charge against him; and that the order of deportation is arbitrary, and unsupported by facts or law. If the alien has been accorded a fair, though summary hearing, and the finding is supported by competent testimony, however slight, the court may not interfere. From an examination of the testimonjr, in the light of this rule, we find, after some testimony as to membership in the I. W. W. organization, the following questions and answers appear in Dixon's testimony : "Q. Being a member that long, and being a delegate and taking an active part in the order, you actually believe in the teachings as advocated by the I. W. W."!— A. I do. "Q. You have read their preamble and constitution? — ^A. Yes. "Q. You believe in the teachings advocated in that?^ — ^A. I do. "Q. Are you familiar with the I. W. W. Song Book?— A. Yes. "Q. Do you believe in the teachings indicated in that book? — A. Yes; most of them, I do. There are some I haven't seen, but what I have seen I believe." As to reading I. W. W. literature, he was asked: "Q. 'The I. W. W.: Its History, Structure, and Methods,' by St. John?— A. I have read that. "Q. Believe in the teachings as advocated in that book? — A. Yes. "q! Have you read the Industrial Worker?— A. Yes. "Q. Believe in the teachings advocated in that paper? — A. Yes; I do. 72 I. W. W. DEPOBTATIOlir CASES. "Q. Now, you have been collecting for the defense fund, you have been a delegate quite a number of times, you have solicited members, sold the Industrial Worker, and distributed other I. W. W. literature?— A. Yes. " Q. And, in any way you possibly could, secured new members for the order?- — ^A. Yes; I have. "Q. How many times have you been arrested?— A. I have been arrested several times lately in the I. W. W. troubles. » * * * * * * "Q. Your I. W. W. cards, your delegate credentials, and this other literature mentioned in yoiu: hearing, together with any other I. W. W. literature which we may deem to have a bearing in your case, will be introduced and made exhibits in your hearing?— A. Yes." This is the general trend of the testimony with relation to the teachings of the I. W. W. as disclosed by the literature, and, I think establishes the fact that he is in full sympathy with the propaganda and practices as disclosed by the literature, and has distributed such literature. The doctrine and practices of the order, as disclosed by the attached literature, may be indicated by short excerpts from The I. W. W. : Its History, Structure, and Meth- ods, by Vincent St. John and others. "As a revolutionary organization, the Industrial Workers of the World aims to use any and all tactics that will get the results sought, with the least expenditure of time and energy. The tactics used are determined solely by the power of the organization to make good in their use. The question of 'right' and 'wrong' does not cohcem us, * * *. "Failing to force concessions from the employers by the strike, work is resumed and sabotage is used to force the employers to concede to the demands of the workers." Sabotage is defined by several I. W. W. writers. The New Unionism, by Andre Tridon: "We may distinguish three forms of sabotage. (1) Active sabotage wHch consists in the damaging of goods or machinery. (2) Obstructionism or passive sabotage which consists in carrying out orders literally, regardless of consequences." The Voix du Peuple: "The first thing to do before going out on strike is to cripple all the machinery. * * * Are bakery.workers planning to go on strike? Let them pour in the ovens a few pints of petroleum or of any other greasy or pungent matter. After that soldiers or scabs may come and bake bread. The smell will not come out of the tiles for three months. Is a strike in sight in steel mills? Pour sand or emery into the oil cups." .Sabotage, by Emile Pouget: "If the workers disable the machines, it is neither for a whim nor for dilettantism or evil mind, but solely in obedience to an iiiiperious necessity. To list out the thousand of methods and ways of sabotage would be an endless rosary. The shoe workers have an infinite variety of tricks. So have the bakers. To the timber workers it can not be difiicult to use tjhe ax so that the tree or log is split in all its length. To the painters also it must be easy to dilute or condense their colors as best they see fit." Sabotage: Its History, Philosophy, and Function, by Walker 0. Smith: "Sabo- tage is a direct application of the idea that property has no rights that its creators are bound to respect. * * * The question is not. Is Sabotage Immoral? but. Does Sabotage get the goods? * * * \ bar of soap in the boiler would keep the soldiers at home or else force them to march to the strike. If this were not possi- ble, there are water tanks where the tender must be filled and the saboteur can 'Let the Gold Dust Twins do the work.' * * * Sabotage is discredited by those who believe in property rights. It is the weapon of those who no longer reverence the thing that fetters them. Its advocacy and use helps to destroy the 'property illusion.' The parasites who have property, oppose sabotage, while the producers who have poverty, are commencing to yield that potent weapon." Excerpts from Industrial Workers of the World: "The I. W. W. opposes the insti- tution of the State. What is this sabotage that so worries politicians, preachers, profit-grabbers, and parasites generally? It is a realization on the part of the working class that property has no rights that its creator is bound to respect. It means that the workers know that might makes right and that they are possessed of a tremendous might in the productive process. It means that they are conscious of the fact that any action which weakens the employer and strengthens the worker is justified. "' * * A slashed warp, a loosened bolt, an uncaught thread, a shifting of dyes, will make Billy Wood see the 'justice' of the men's demands quicker than all the votes cast since Billy Bryan commenced to run tor office. Sabotage is an individual act performed for a class purpose. It may be denounced as ' anarchy ' but that scares no workers in these rebellious days. * * * These migratory workers have lost all patriotism — and rightly so. Love of country? They have no country. Love of flag? None floats for them." I. "W. W. DEPOETATION OASES. 73 One of the songs attached as an exhibit: CHRISTIANS AT WAK. By John F. Kendrick. Tune: Onward Christian Soldiers. "Onward Christian soldiers. Duty's way is plain; Slay your Christian neighbors, or by them be slain, Pulpiteers are spouting effervescent swill, God above is calling you to rob and rape and kill, All your acts are sanctified by the Lamb on high; If you love the Holy Ghost, go murder, pray, and die. "Onward Christian soldiers, rip and tear and smite; Let the gentle Jesus bless your dynamite. Splinter skulls with shrapnel, fertilize the sod ; Folks who do not speak your tongue, deserve the curse of God. Smash the doors of every home, pretty maidens seize. Use your might and sacred right to treat them as you please. "Onward Christian soldiers. Eat and drink you fill; Rob with bloody fingers, Christ O. K.'s the bill. Steal the farmer's savings, take their grain and meat; Even though the children starve, the Savior's bums must eat Bum the peasant's cottages, orphans leave bereft; In Jehovah's holy name, wreak ruin right and left. "Onward Christian soldiers. Drench the land with gore; Mercy is a weakness all the gods abhor. Bayonet the babies, jab the mothers too; Hoist the cross of Calvary to hallow all you do; Pile your bullets' noses flat, poison every well; God decrees your enemies must all go plumb to hell. "Onward Christian soldiers! Blighting all you meet, Trampling human freedom under pious feet Praise the Lord whose dollar sign dupes his favored race, Make the foreign trash respect your bullion brand of grace. Trust in mock salvation, serve as pirates' tools; History will say of you: 'That pack of G d fools.' " The literature attached to the record is replete with the advocacy of sentiment as above set forth. To teach, as defined by the Standard Dictionary, is "to impart knowledge by means of lessons; to give instruction in; communicating knowledge; introducing into or im- pressing upon the mind as truth or information." To advocate means, according to the same authority, "To speak in favor of; defend by argument; /one who espouses, defends, or vindicates any cause by argument; a pleader, upholder, as an advocate of the oppressed." There are several ways by which a person may teach or advocate. It need not be from the public platform or through personal utterance to individuals of groups, but may be done as well through written communications, personal direction, through the public press, or through any means by which information may be disseminated, or, it may be done by the adoption of sentiment expressed, or arguments made by others which are distributed to others for their adoption and guidance. The testimony shows that Bemat has been a member of the I. W. W. for the la^ 10 years, and secretary of Branch No. 500, Seattle, for sometime. His duties as such secretary were to distribute literature, collect dues, handle accounts, and solicit new members. From activity, as disclosed in the record, the court can not say there is no evidence upon which to predicate the finding of the commissioner general in each case; and it would appear that the conclusion of the commissioner general, based upon the facts stated, is within the purpose and intent of the Congress in enacting section 19 of the act of June 5, 1917 (United States Statute 42894- J- J-)> ^^^ this is emphasized by the passage of the act approved October 16, 1918, entitled. "An Act to exclude and expel from the United States aliens who are members of the anarchistic or similar classes." ^' The matter is not before the court for review, but merely to determine whether there is any evidence upon which to base the finding. Under the law, the conclusion of the Department of Labor, if there is any evidence, is final. 'The application for writ will be denied m each case. Nettekeh, Judge. 74 I. W. "W. DEPORTATION CASES. DECISION OE JUDGE KUDKIN IN CASE OP MARHOW. The decision of Federal Judge Rudkin in case of Golf S. Marhow, is also material. Special attention invited to last paragraph as same has bearing on act of October 16, 1918, with reference to I. W. W. The decision reads as follows: [In the District Court of the United States for the Eastern District of Washington, Northern Division.) OPINION. In the matter of the application of Golf S. Marhow for writ of habeas corpus. George F. Vanderveer and Albert Streiff, for petitioner. Francis A. Garrecht, United States attorney, and Charles H. Leavy, assistant United States attorney, for respondent. Rudkin, district judge: Section 3 of the immigration act of February 5, 1917, provides that the following classes of aliens, among others, shall be excluded from admission into the United States: Anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieve in or are opposed to organized government, or who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized govenmient, or who advocate or teach the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who advocate or teach the unlawful destruction of property; persons likely to become a public charge. Section 19 of the same act provides that at any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruc- tion of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassi- nation of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing, shall be subject to deportation. On the 13th day of July, 1917, the Assistant Secretary of Labor issued his warrant, reciting that the petitioner has been found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law, or the assassi- nation of public officials, subsequent to his entry into the United States ; that he was an anarchist or person who believed in or advocated the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieved in or was opposed to organized government, or who advocated the assassination of public officials at the time of his entry ; that he was a person likely to become a public charge at the time of his entry; and tiiat he entered without inspection;, and commanding the immigrant inspector to whom the warrant was directed to take the petitioner into his custody and grant him a hearing to enable him to show cause why he should not be deported in conformity to law. Pursuant to this warrant the petitioner was taken into custody and granted a hearing as directed. Upon such hearing the immigrant inspector recommended his deporta- tion. To use his own language: "The admission of G. S. Marhow that he is a member of the Industrial Workers of the World, that he is an organizer and delegate of that organization and is employed to teach the tenets of the order as issued in the I. W. W. constitution which establishes the authenticity of the doctrines published in pamphlets on which is printed the label without an inscription underneath; I therefore respectfully recommend that a depor- tation warrant be issued and that the alien G. S. Marhow be ordered deported to the country from which he came, and of which he is a subject." Acting upon this report the Commissioner General of Immigration found that the two first charges against the petitioner were not sustained, but that the charge that he was likely to become a public charge was sustained, and his deportation was accord- I. W. W. DEPOETATION CASES. 75 ingly recommended. Upon this report a deportation warrant issued reciting that the petitioner was a person likely to become a plibldc charge at the time of his entry into the United States and directing his deportation to Bulgaria, the country whence he came. Thereupon the petitioner sued out a writ habeas corpus claiming, among other things, that there was no testimony whatever before the department teiiding to sup- port the finding thus made. It seems to m^e that this contention must be upheld. It is apparent from a reading of the entire record that the examination by the immigrant inspector was not con- ducted with a view of ascertaining or determining whether the petitioner was likely to become a public charge. It appears from the testimony that the alien worked his passage from Germany to the Uniited States in the early part of the year 1913 on the steamer Guffa and deserted upon the arrival of the steamer in New York, entering the United States without inspection. The testimony further shows that he was pos- sessed of $15 at that time and was of the age of about 30 years, but beyond this .is entirely silent as to his physical condition or his ability or disposition to earn a liveli- hood. He remained in New York City for about two weeks, went thence to West Virginia and remained for about two months, thence to Pennsylvania and remained for about six months and thence to Chicago and remained for about one and one-half years. What he did during this period we do not know, but there is not the slightest testimony that he became a public charge. After leaving Chicago he went to Mil- waukee and worked for the Chicago, Milwaukee & St. Paul Railroad Company, but for how long ana for what compensation we do not know. We next hear of him as an organizer for the I. W- W. in the State of Idaho about eight months before his arrest, at a salary of $18 per week and expenses. Section 19 of the immigration act, as already stated, provides that "* * * any alien who within five years after entry becomes a public charge from causes not affirm- atively shown to have arisen subsequent to landing" is subject to deportation. And if it appeared from this record that the petitioner at any time became a public charge within five years after entry he would be subject to deportation because it has not been affirmatively shown that this cause arose subsequent to his landing. But there is no testimony to warrant a finding that the petitioner at any time became a public charge in the United States, as I understand that term, unless the mere fact that he was confined in jail at Moscow, Idaho, awaiting trial for a public offense would render him a public charge. To so hold would do violence to another provision of the statute which declares an alien is subject to deportation who has been sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude committed within five years after his entry into the United States. For if the alien is not subject to deportation for imprisonment imless imprisoned for one year or more for a crime involving moral turpitude it would be entirely inconsistent to hold that he becomes a public charge and is subject to deportation under another provision of the statute when only confined at public expense awaiting trial for a criminal offense. As said by Judge Ward in Ex Parte Saraceno, 182 Fed., 955: "If there was any evidence competent or otherwise to sustain this finding, the court, though of a different opinion, should not disturb it. But it is impossible to avoid the conclusion that the real ground for the order is that the immigration auth9rities think the alien an undesirable citizen, which is a class not excluded by the immi- gration law." Again the court said: "While the powers intrusted to the immigration authorities are very great and important and should not be restricted by the courts, it is easy to see that upon the reasoning of the board in this case almost any immigrant might be deported.' I reach this conclusion with the less hesitation because it occurs to me that the case is completely covered by a later statute, namely, the act of October 16, 1918. The writ of habeas corpus will therefore issue as prayed and upon the return the peti- tioner will be discharged: Provided, however, That the order of discharge shall not take effect until the close of November 30 next to enable the Government to prose- cute an appeal or take steps for the deportation of the petitioner under the statute referred to if so advised. If no appeal is prosecuted, or if no proceedings are taken for the deportation of the petitioner prior to the date named, he will be discharged from custody. If either step is taken the court will make such further order aa may "be appropriate in the premises. 76 I. W. W. DEPORTATION CASES. DECISION OP JUDGE WOLVBBTON IN CASE OF CAEL SWELGIN. The decision of Federal Judge Wolverton in case of Carl Swelgiii is very material in connection with I. W. W. organization. This is also on file in Bureau of Immigration, and reads as follows : In the District Court of the United States foe the District of Oregon. Uilited. States of America, complaiiiaiit, v. Carl Swelgin, defendant. Bert E. Haney, United States attorney, Robert R. Rankin, assistant United States attorney. C. H. Libby for defendant. Wolverton, district judge: This is a suit to vacate and annul a certificate of naturalization. The defendant Carl Swelgin is a native of Germany. On January 3, 1913, he filed a petition in the Circuit Court of the State of Oregon for the county of Coos, praying for his naturaliza- tion as a citizen of the United States. On April 25, 1913, an order of the court was made and entered admitting him as a citizen, and on May 27 a certificate of admission was issued by the clerk of the court. The bill for vacation of the certificate alleges that upon the dates named, and during the five-year period immediately preceding the date of the filing of said petition for naturalization, "the said defendant Carl Swelgin was not, has not been, and is not now attached to the principles of the Constitution of the United States, nor is the said defendant well disposed to the good order and happiness of the same, nor is said defendant of good moral character, and that said defendant has been since the year 1911, and now is, a member of the organization known and entitled "Industrial Workers of the World," which organization is more commonly known as and called the "I. W. W."; that defendant has been an organizer in said organization, and that said organization has advocated and does advocate resistance to the existing govern- mental authority of the United States, and the complete control and ownership of all property in the United States through the abolition of all other classes of society, and that such purposes of said organization are to be accomplished without regard for right or wrong but by the use of such imlawful means and methods known as ' ' sabotage " and "direct action." Then the preamble is set out, which I wUl not read'. It is then further alleged that defendant's certificate of naturalization was procured by deception and fraud practiced upon the court, consisting of false representations and concealment of facts, by which the court was misled and imposed upon, and induced to make and render its order and judgment directing the issuance of said certificate of naturalization. The proofs show, and the defendant admits, that he became a member of the organi- zation known as the Industrial Workers of the World in December, 1911, and was such member at the time he was admitted as a citizen of the United States, and ever since has been a member thereof. I should qualify that, becaiise the witness has said that there was a time following August, 1913, for a period of two or tliree years that he was not a member; but he thereafter did become a member, and has continued such ever since. Not only this, but he has been active in the order. Not only this, but he has been active in the order in promoting its propaganda and furthering the cause that the order espouses. He asserts his firm belief in the principles enunciated by the pre- amble and constitution of the order, and admits that he is in full sympathy with the propaganda and practices thereof. Among other things, he indorses the sabotage recently practiced upon the timber and lumber industries in the Northwest, and when asked if he was willing to join the military forces of this country against Germany, he answered in effect that he entertained conscientious scruples against entering the Army. He further states that the views he entertained respecting these subjects at the time and previous to his naturalization were the same as he now holds and adheres to. So that it appears that his attitude of mind then respecting the principles and prac- tices of the order of the Industrial Workers of the World was the same as Ms attitude now, to which he firmly adheres. No further evidence is necessary for establishing his purposes and designs as it relates to organized aiovernment and the peace and tranquility of society, and we have only to inquire touching the doctrine and principles of the oi-ganization, whether they are promotive of or inimical to the maintenance and stability of organized government, and whether they are calculated to promote peace and good order in society, or whether they are adapted by design to the demoralization and degradation thereof. I should say in this connection that the defendant has said that he indorses the preamble and constitution of this organization, and that further than that he is not acquainted with its principles and purposes ; but, having actively engaged in the organi- I. W. W. DEPOETATIOK' OASES. 77 zat.ion, and having been actively engaged in the furtherance of the cause in which the organization is embarked, taking into consideration his intelligence, there 'can be no question in the mind of the court that he was thoroughly acquainted with all its principles and propaganda. Let us therefore recount some of the doctrines, princi- ples, and practices of the order. The preamble makes this enunciation: "Between these two classes (the working class and the employing class) a struggle' must go on until the workers of the world organize as a class, take possession of the earth and the machinery of production, and abolish the wage system." The pledge is in these words: "I do solemnly pledge my word and honor that I will obey the constitution, rules, ■ and regulations of the Industrial Workers of the World, and that, keeping always in view its fundamental principles and final aims, I will, to the best of my ability, perform the task assigned tome. I believe in and understand the two sentences : ' The working class and the employing class have nothing in common,' and 'Labor is entitled to all it produces.' " The tactics or methods of the I. W. W. are given by Vincent St. John, an adherent of the cause. I read only slight excerpts: ' ' "As a revolutionary organization the Industrial Workers of the World aims to use any and all tactics that will get the results sought with the least expenditure of time and energy. ; The tactics used are determined solely by the power of the organization to make good in their use. The question of 'right' and 'wrong' does not concern us. "It aims, where strikes are used, to paralyze all branches of the industry involved, when che employers can least afford a Lessation of work— during the busy season and when there are rush orders to be filled. 'Failing to force concessions from the employers by the strike, work is resumed and ■sabotage' is used to force the employer to concede the! demands of the workers. ' "All supplies are cut off from strike bound shops. All shipments are refused or missent, delayed, and lost if possible. Interference by the Government is resented by open violation of the Government's orders, going to jail en masse, causing expenses to the taxpayers — ^which are but another name for the employing class. "In short, the I. W. W; advocates the use of militant direct-action' tactics to the ■ full extent of our power to make good." Sabotage is defined by its authors and adherents to be: "Any conscious and willful act on the part of one or more workers intended to slacken and reduce the output of production in the industrial field, or to restrict trade and reduce the profits in the com- mercial field, in order to secTire from their employers better conditions or to enforce those promised or maintain those already prevailing, when no other way of redress is open. "(6) Any skillful operation on the machinery of production intended not to destroy it or permanently render it defective, but only to temporarily disable it and to put it out of running condition in order to make impossible the work of scabs and thus to se- cure the complete and real stoppage of work during a strike." And again: "Sabotage means either to slacken up and interfere with the quantity, or to botch in your sMll and interfere with the quality of capitalist production or to give poor service. Sabotage is not physical violence; sabotage is an mtemal, industrial process. It is something that is fought out within the four walls of the shop. And these three forms of sabotage — to affect the quality, the quantity, and the service — are aimed at affecting the profit of the employer. Sa;botage is a means of striking at the employer's profit for the purpose of forcing him into granting certain conditions, even as working- men strike for the same purpose of coercing him. It is simply another form of coercion. I read feom a pamphlet entitled, "On the Firing Line: ' "The program of the I. W. W. offers the only possible solution of the wage question whereby violence can be avoided, or at the very worst, reduced to a minimum. To all opponents of the organization, whenever found, we desire to state that this organization mil to the best of ite power and ability bend every effort toward making that program effective. We also desire to serve notice upon the ruling class and all, its defenders that whatever form the struggle may take, we are determined to continue, in spite of all odds, until victory has been achieved by the working class. If the ruling class of to-day decide as its prototypes of the past have decided, that violence will be the arbiter of the question, then we will cheerfully accept their decision and meet them to the best of our ability, and we do not fear the result. "The Industrial Workers of the World is without doubt the most revolutionary body in the world to-day. "Being propertyless and landless they have no patriotism nor reason for patriotism. "The abolition of the wage system and the creation of a new social order is its ideal. For this ideal the members will suffer hunger, brave the blacklist, rot in the bastile, 78 I. W. W. DEPORTATION CASES. and fight — ever fight, for the freedom that awaits them when the rest of the workers awaken. "To it has come the knowledge that justice, liberty, rights, etc., are but empty words, and power alone is real. Refusing to even try to delegate its power, it stands committed to the policy of direct action. "It strives to have the workers realize the tremendous power tied up in their muscle arid mind — a power that represents the measure of the masters' weakness. The workers are asked to withhold their labor power, to refuse to apply it to the machine, or to apply it so that the machine does not function properly, and thus defeat the masters. They (the workers) will seize and hold the machinery of production and distri- bution and operate it in their own interests." Again, from a pamphlet entitled "Why Strikes Are Lost": "Thus organized the workers will use all means that may be at their command in their battle for control. Strikes, irritation strikes, passive resistance strikes, boy- cott, sabotage, political action, and general strikes in industrial plants, will all be means applied with precision, and changed whenever conditions so dictate." The "social general strike," to which the order is committed, is thus defined: "The profoundest conception of the general strike, however, the one pointing to a thorough change of the present system; a social revolution of the world; an entire new organization; a demolition of the entire old system of all governments — is the one existing among the proletarians of the Roman race (Spain and Italy). For them the general strike is nothing less than an introduction to the social revolution. There- fore we call this the general strike, to distinguish it from general strikes foi; higher wages, or for political privileges (political mass strikes) 'The social general strike.' This conception of the general strike will be dealt with in this treatise. "It is therefore not of such great importance for the propagandists and followers of the general strike theory (as for instance the Spanish and French workers under- stand it) to get all the workers to lay down their tools at the same time, as it is to completely interrupt production in the whole country, and stop communication and consumption for the ruling classes, and that for a time long enough to totally disorganize the capitalistic society; so that after the complete annihilation of the old system, the working people can take possession through its labor unions of all the means of production, mines, houses, the land; in short, of all the economic factories." This pamphlet then deals with divers subjects, illustrating the application of the doctrines, and culminates with this climax: "With a free society without class rule and exploitation, a society of free cooperation, we have that which corresponds with the absence of government, 'Anarchism. ' " I read a stanza which purports to be one of the songs of the order. It is styled "The Red Flag." "The people's flag is deepest red. It shrouded oft our martyred dead. And ere their limbs "rew stiff and cold Their life-blood dyed its every fold. "Then raise the scarlet standard high; Beneath its folds we'll live and die; Though cowards flinch and traitors sneer. We'll keep the red flag flying here." The Lumber Jack, a publication of the order, in an editorial exclaims: "The 'Red Flag,' and sing it always to the courts while the people stare and wonder." In this relation it may be stated that the doctrine of the order carries its adherents to a disregard of and a resistance to the orders and judgments of the courts, through organized protest and calumny, and violence if need be, to accomplish their purposes. I read further a few extracts from the Industrial Worker, published at Spokane, Wash. This is the issue of April 4, 1912, and the excerpt is found in column 2, page 2, of that issue. It is an editorial under the title, "Our labor problem": "We accept what benefits us from the socialist propaganda, we accept that portion of anarchist action that is of value, and we retain that which experience proves to be an aid in the class struggle." In the issue of May 8 it is declared: , "The I. W. W. opposes the institution of the state. It holds that state or govern- mental control of industry would merely introduce a different form of slavery. Gov- ernment implies governors and governed , a ruling and a subject class. No man is great enough or good enough to rule another. I. W. W. DEPORTATION CASES. 79 "The I. W. W. is creating its own ideas of morality and ethical conduct, as opposed to the current conceptions of what constitutes 'right' and 'wrong.'" I have read only a very meager number of these excerpts which have been intro- duced in evidence, but they serve to illustrate the principles and practices of the order. They are thoroughly indorsed evidently by the adherents of the order and by those who seem to be able to expound its doctrines. Other expressions may be found, such as these: "Toward the existence of government the I. W. W. is openly hostile. "It is antipatriotic. " The kernel of evil lies in the very existence of the state, and violence is an economic factor." No one can read these pamphlets and pronunciamento of the order without conclud- ing, by fair and impartial deduction, that it is not only ultrasocialistic but anar- chistic . It is really opposed to all forms of government . It advocates lawlessness , and constructs its own morals, which are not in accord with those of well-ordered society. Its adherents are antipatriotic. They own no allegiance to any organized government. And I am unable to understand by what right such of them as come from another country can claim that they are entitled to be admitted to citizenship under the Stars and Stripes. The very oath they take avowing their allegiance to this Government is to them a worthless ceremony, for they do not intend to submit themselves to its Constitution, laws, rules, and regulations, nor to defend it in time of insurrection, or against an aggression from abroad, or when it is at war with other nations. When, therefore, the defendant declared that he was attached to the principles of the Constitution of the United States, and was well disposed to the good order and happiness of the same, he made avowal of that which was not in his heart, and thereby deceived the court. And, further, he was a disbeliever in and opposed to organized government, and he fraudulently misled the court as to that. So that Government's case is clear that defendant's certificate of naturalization was procured by fraud and deception imposed upon the court which directed its issuance, and the annulment of the certificate must follow. CONFERENCE OF OFFICIALS ON POLICY AS TO RUSSIAN WORKERS AND I. W. W. The Chairman. What other data have you prepared with reference to the deportation of alien members of the I. W. W. organization? Mr. Blackwood. A document, unsigned, dated July 26, 1918, which would seem to be a memorandum of the Bureau of Immigra- tion, setting forth its idea with reference to the I. W. W. organiza- tion appears in Bureau file 54235/36-B. This document reads as follows: July 26, 1918. A conference was held on this date, attended by Mr. Abercrombie, Mr. Caminetti, Mr. Parker, Mr. Solomon, and Mr. McClelland, at which was discussed the policies concerning the disposition of cases of alien anarchists, some of whom are Italian an- archists and others Industrial Workers of the World and Russian Union Workers, now pending before the department, and the following points where agreed upon: (1) That membership in the order of the Russian Union Workers, whose constitu- tipn and policies are distinctly anarchistic, is sufficient to justify deportation. (2) That the policy concerning the disposition of such of the Russian Union Workers as are ordered deported to Russia shall be placed before the Secretary for advice and instructions. (3) That membership in the I. W. W. together with evidence of knowledge pn the part of the alien as to the nature of the propaganda and aims of the organization, as contained in its official literature, sympathy with and approval of such propaganda and aims, financial support by purchasing such literature or through paying member- ship dues into the general fund of the organization, to which fund the expense of pub- lishing such literature is charged, voluntary contributions to the general defense fund for the members of the I. W. W. now under arrest or indictment, or in prison, and active support by distributing literature or acting as a delegate or organizer, and soliciting membership, collecting and transmitting dues, etc., shall be considered good grounds for deportation on the charge of advocating and teaching the unlawful destruction of property. „ „ , , , , (4) That all members of the I. W. W. who are ordered deported to neutral countries shall be remoVed from the United States as soon as possible or practicable; that, in 80 I. "W. W. DEPOBTATIOK CASES. the case of those going to Russia, the question shall be presented to the >Secretary for advice and instruction; that, in the case of those to be deported to allied countries, the matter shall be taken up with the proper representative of such countries; that, where deportation is not possible for an indefinite period because of war conditions, members of the I. W. W. whose activities have been of a nature to warrant such action and who may be considered as dangerous to be at large may be detained; that, in less pernicious cases, where bond can not be furnished, the alien be released under the provisions of rule 17-A (see Bureau Circular of June 29); that, in those cases where deportation is hardly justified by the record, yet where a certain amount of evidence exists, the alien is to be paroled upon his own recognizance for a period of one year, he to report to the nearest immigration officer at regular intervals of three months. (5) That, in the cases of Italian anarchists, evidence of their continued subscription to the Oronaca Sowersiva, the leading anarchist newspaper in the United States, writing articles for publication in this paper, taking subsciiptions for it and transmit- ting the proceeds to the publishers, acting as distributing agents, receipting for bundles of the paper sent by express after it was denied the "use of the mails, con- tributing to or soliciting and remitting money for the anarchist defense fund, and otherwise by their acta as well as by their words assisting in the spreading of the anarchist propaganda, shall be considered good grounds for deportation on the charge of advocating and teaching anarchy in the United States. (6) That such of these Italian anarchists as are ordered deported shall be removed from the country to Italy as soon as possible or practicable, but that before such re- moval the matter shall be taken up with the proper Italian authorities; that, until deportation is effected, the aliens may be released under a proper bond, except in the milder cases they may be released upon their own recogmzance under the terms of rule 17-A (see Bureau Circular of June 29, 1918); that, in those cases where the evidence is hardly sufficient to justify deportation, the aliens may be paroled on the same conditions as members of the I. W. W. PROTEST OF SEATTLE COMMISSIONER. Also documents appearing in bureau file 54235/36-D., and per- taining to the I. W. W. organization containing protest from the Commissioner of Immigration at Seattle regarding release of mem- bers of that organization on parole, a report of conditions immediately after the Centralia outrage, bureau memorandum on that subject for the assistant secretary and the latter's final instructions. These documents speak for themselves, and read as follows: [Telegram.] Seattle, WasA., November IS, 1918. Immigration Bureau, Washington. Your telegram November 13 regarding parole of 13 I. W. W., Spokane jail, received. In order that you may be in possession of the latest developments I think it advisable to withhold action under your telegram until further advised. I do not want you to construe this telegram as a desire on my part to refrain from complying strictly with yoiu: instructions, but believe it best to acquaint you with the facts and will await your further instructions before complying with your directions of the 13th. The I. W. W. organization recently held secret meetings in Portland, delegates at- tending from principal cities in United States as far east as Lynn, Mass. Delegates to this convention included representatives of radicals in mining industry, lumber industry, and shipbuilding industry, together with representatives of the Bolshevik movement of Servia and Russia. The principal object of the meeting was to bring about a movement for the liberation of Mooney and all I. W. W. prisoners held by the different departments of the Government. The plan outlined was to work through the I. W. W. members for the metal trades council and cause a strike in the ship- yards in Seattle over the recent Macy award, have this strike extend to the long- shoremen of Puget Sound and from that to the lumber industry and a sympathetic strike thus extending through the entire industrial movement of the Pacific coast, then extend the movement eastward, covering the entire United States. Recently placards have been posted upon the immigration building in Seattle printed in red ink. "Liberate all political prisoners now" and in quotation the word "now" is underscored. Bulletin issued by I. W. W. to-day calling upon all organizers and I. W. W. DEPORTATION CASES. 81 delegates to get busy. Comments upon revolution in Germany. Fred Heggs of Chicago now in Northwest organizing for general strike. Heggs claims he can have 40,000 men out before Thanksgiving Day. Maj. House, Portland, states he haa learned that at I. W. W. meeting held in Portland, they decided to call general- strike December 1, demanding in luniber industry six hours work per day and $5 pay, also that aU members held by Government be released. The radical slackers in the ship- yards of_ Seattle have declared that the war is over, and several hundred of them have quit the shipyards. Members of the International Longshoremens Association in Seattle have refused to work on several ships and have openly stated that they would disregard any working agreement made by their executive officers. In view of the facts stated we should desire to know if it is still your opinion that the radical I. W. W. held in this district should be paroled. A similar action on the part of the attorneys representing the I. W. W. prisoners is now being prepared in western Wash- ington. United States District Attorney, Spokane, advises that his comt intimates he will grant writ November 15 on all cases heretofore ordered deported by the de- partment for the reason that records do not substantiate charge m the acts of the organization, not sufficient under the old law. If all of these prisoners are turned loose, you can appreciate the impossibility of keeping them under surveillance. We are awaiting your fiirther instructions. Henry W. White, Commissioner. [Telegram.] Seattle, Wash., November 13, 1919. Immigration Bureau, Washington: Just returned from Centralia, Wash., where I. W. W.'s killed four men on November 11 and wounded several others. One ringleader was apprehended and lynched. Feeling running high there, also in Tacoma, Seattle, and entire Northwest. Severa,! I. W. W.'s under arrest in Tacoma, Seattle, and other towns. Demands are being made by the State, county, and general public for deportation of alien I. _W. W.'s_. / I have tried to secure all information possible, but have taken no action looking toward general campaign of deportation, as only evidence now available under the deportation statute is membership in I. W. W. Please instruct me what policy the department would have me pursue, as I must give an answer soon to the demands above mentioned. White. [Telegram.] — Seattle, Wabh., 'November 18, 1919. Immigration Bureau, Washington, D. C: Just received telegram chief of police, Centralia, asking us to institute deportation proceedings against 14 I. W. W. now incarcerated in city jail there. Yesterday com- mittee citizens from Tacoma called on me and insisted that we proceed in deportation of I. W. W.'s held there. Yesterday United States Department of Justice turned over to me their report on 20 I. W. W.'s held in city jail, Seattle. Authorities at Everett, Wash., telephoned yesterday they have number of I. W. W.'s held there. Other towns and cities are demanding something be done by reason of heinous crime com- mitted at Centralia. Demands are acute. I have refused to take any action in premises, and have been expecting answer to my telegram of 13th asking for instruc- tions. Unless I receive instructions at early date, I will be compelled to decline action in practically all cases now held by different cities throughout the State, as the only evidence so far secured to support deportation is membership in I. W. W. organization. ^^^ (Notation written on bottom of foregoing telegram, as follows:) November 19, 1919. Insufficient. Must be sufficient prima facie proof to justify you in telegraphing for warrant under the law. t -ci t> if. r. r. 178317—20 6 * 82 I. W. W. DEPOETATION CASES. United States Depabtment o Labor, Bureau of mmigration, Washington, Norember 15, 1919. No. 54235/36-D Memorandum for the Assistant Secretary. The bureau notes your request for the preparation of a reply to the message of the Spokane Chamber of Commerce. Under the pending departmental instructions to the bureau there is only one form of reply it can make to that organization in so far as the message and answer thereto affect or relate to the I. W. W. organization. The bureau feels that under existing conditions and recent happenii^ in the West the subject should be considered from its present aspects with relation to the I. W. W. Commissioner White, of Seattle, who is on the ground and has investigated the situation, has wired for instructions (see telegram hereunder). The bureau is of the opinion that in the replies to said Chamber of Commerce and to the Commissioner at Seattle they should be advised that proceedings ainst members of the I. W. W. organization will be ordered just as the department is non and for some time past has been proceeding against the Russian Workers' Union. It is apparent that the former constitutes the same menace in the West that the latter does in the East, and the question arises at this time, should not the same treatment under the anarchistic provisions of the immigration laws follow as to the I. W. W. The bureau has heretofore, in memoranda on the subject, expresse 1 -'ts views and made recommendations in relation to the matter of the prosecution of persons who hold membership in the I. W. W. organization. It continues of the opinion that the organization is anarchistic and revolutionary in its teachings. In view of the receipt of said messages, particularly of the telegram from Com- missioner White, and the necessity to reply thereto, and in view of the latest mani- festations of the I. W. W., which have without doubt produced a grave and dangerous situation, the bureau has had the idea that possibly the department would wish to review the situation, and it is with this thought this memorandum is submitted and instructions requested. A. Caminetti, Commissioner General. (Notation on bottom of foregoing memorandum, as follows:) November 15, 1919. Send me existing department instructions, also previous recommendations and bureau and department response thereto, also any other authoritative record matter on the subject. L. F. P. 54235/36-D November 19, 1919. Immigration Service, Seattle, Wash. Answering yours of the 13th and 18th, department adheres to previous decisions that under I. W. W. constitution mere membership in that organization does not bring aliens within scope of act of October, 1918. But if it is shown that any alien, whether member of said organization or not, has individually or as one of a group, advocated or done anything or conspired with others to do anything bringing him within scope of said statute, arrest warrant will issue, but warrant will not issue without the usual prima facie proof showing such advocating or acting or conspiracy. Telegraphic warrants'will issue when cases emergent. Post. Attest: Exact copy as signed by Louis F. Post, Assistant Secretary. CONCEKNING SABOTAGE. Letters which assists to some extent in obtaining a fair idea of attitude of Department of Labor regarding the I. W. W. organiza- tion, read as follows: February 6, 1920. J. E. Hoover, Esq., Special Assistant to The Attorney General, Department of Justice. My dear Mr. Hoover: I beg to acknowledge the receipt of your letter of the 31st ultimo, with which you inclosed photostat copies of certain "stickers" issued by the I. W. W. with a view to fuxtheriog the interests of that organization. You call I. "W. W. DEPOETATION CASES. 83 particular attention to etickere numbered " 2 " and " 3 " on the sheet, and ask whether or not, in the opinion of the bureau, aliens found to be distributing these particular "stickers" fall within the provisions of the act of October 16, 1918. As the bureau reads the two "stickers" in question, they advocate the practice of sabotage. Sticker No. 2, moreover, contains an implied threat in the words "We never forget," to be found thereon, It is, of course, the popular conception (and, accordiag to the bureau's belief, there is some ground for such conception) that the word "sabotage" as employed in the literature of the Industrial Workers of the World, and as practiced by some, at least, of its members, means anything from the turning out of an inferior quality of work, slowing down on the job. etc., up to the actual and willful destruction of property in violation of law. If, therefore, the fact of distri- bution of these "stickers" would bring an alien within the contemplation of the act to which you refer, it would be that clause which reads as follows: "Aliens who advo- cate or teach the unlawful destruction of property." The department has ruled, in this connection, that, while the I. W. W. does advo- cate, in its published literature, the practice of sabotage, the definition given for the word ' ' sabotage " in such literature does not establish the character of the organization as one which advocates the unlawful destruction of property. While it is the bureau's understanding that individual members of the organization have resorted to the unlawful destruction of property, doubtless in pursuance of their conception of the meaning of the word "sabotage," the department so far has not been disposed to hold tha,t it could take judicial notice (so to speak) of the fact that such term, as employed in its literature advocates the actual destruction of property. Very truly yours, Exact copy as signed by A. Caminetti, Commissioner General. Mailed February 11, 1920. Dbpaetment of Justice, Washington, D. C, March 16, WHO. Hon. Anthony Caminetti, Commissioner General of Immigration, Washington, B.C. Dear Mr. Caminetti: I have been advised that a circular was issued some time a,go by the Bureau of Immigration containing a ruling to the effect that all inspectors at ports of entry were to exclude from admission to this country all aliens who admitted membership in the I. W. W. organization. I would appreciate it if you would advise me as to whether or not such a ruling has been made by your office, and if so, I would appreciate being supplied with a copy of the same. Very truly, yours, J. E. Hoover, Special Assistant to the Attorney General. March 31, 1920. J. E. Hoover, Esq., Special Assistant to the Attorney General, Washington, D. C. My Dear Mr. Hoover: Answering your letter of the 16th instant, I beg to advise you that the bureau has no knowledge of the issuance of instructions to the several ports of entry to exclude from admission to the United States aliens who admit being members of the organizations known as the Industrial Workers of the World. As such instructions would either eminate from it, or it would be advised in the event of their issuance by the department, it seems apparent that the information which has been fnrnished you is of an erroneous character. Very truly yours, Exactcopy as signed by A. Caminetti, Commissioner General. Mailed April 5, 1920. CASE OP ALFRED MAETIN. The case of Alfred Martin, bureau file 54625/22, is a case that indi- cates the attitude of the Assistant Secretary of Labor toward the I. W. W. organization. Documents in the file give a fair idea of the case, but in this connection the decisions of Federal Judges Neterer and Wolverton, which I have already read into this report, should 84 I. W. W. DEPOEXATIOK CASES. he considered, both were on file in the Bureau of Immigration at tiine of the decision in the Martin case. Documents pertaining to this case read as follows : May 26, 1919. Memorandum for the Secretary through the Acting Secretary: Referring to the m^emorandumi recently submitted by the bureau, recommending that the practice in 1. W. W. and similar cases be changed so as to permit use to be made of .the membership charge arising under the act of October 16, 1918, the bureau now submits the cases of Alfred Martin and Sam Robinson, both of ■which fairly well illustrate the bureau's contention that an effective enforcenlent of the act of October 16, requires that the membership charge shall be availed of, not indiscriminately, but in a discriminate manner. It will be noted that the Martin case has been written up in the bureau with the pur- pose of recommending deportation. The bureau is inclined to think, however, that the theory upon which the tentative memorandum proceeds in that case will not stand the test to which it is almost sure to be subjected through habeas corpus proceedings. Doubtless "advocating" means something different from "teaching" where the two terms are used in the clauses of the law relating to the destruction of property. Doubt- less, also, a man can advocate a doctrine or theory simply by carrying on person, pri- vate conversations with his fellowmen; but to hold a man guilty of advocating the destruction of property because when placed under cross-examination by Government officers he states, however plainly and unequivocally, that he believes in the unlawful destruction of property, in the bureau's judgment, is going somewhat too far. Never- theless, the bureau is clearly of opinion that an alien who, like Martin, is not only a member of the I. W. W. but is a thorough believer, with full understanding thereof, in its tenets and doctrines, oughtnot to be permitted to remain in the United States. It is just such aliens as that who were intended to be reached by the membership charge, in the bureau's jud^ent. The tentative memorandum attached to the Robinson case was prepared, as may be seen, with the purpose of recommending that the warrant be canceled and the proceedings discontinued ; but this has been done merely because the present practice 18 not to use the membership charge — the alien ought to be deported. Robinson is a member of an organization which for a long while has been advocating and teaching the unlawful destruction of property by the means of literature put out by its pub- ishing house and distributed by its secretaries, organizers and delegates; indeed some of its literature is distinctly anarchistic even. He is an intelligent man and an active and enthusiastic member of the organization and believer in its teachings. In the bureau's judgment he should be deported upon the ground that he is a member of an organization that advocates and teaches the unlawful destruction of property. It is believed that these two cases will assist the department in reaching a conclusion on the matter presented in the bureau's previous memorandum. Respectfully submitted. A. Caminetti, Commissioner General. August 9, 1919. May 15. These dates are as they appear on original memo. In re Alfred Martin, aged 34, native and subject of Norway, entered from Canada pi presumably near Blaine, Wash., without inspection on or about December 15, 1910. Memorandum for the Acting Secretary: The above-named alien was arrested at the Pierce County jail, Tacoma, Wash., on the grounds that he has been 'found advocating or teaching the unlawful destruction of property, and that after his entry into the United States he has become (or continues to be) a member of certain of the classes of aliens enumerated in the first section of the act approved October 16, 1918, to wit, (a) an alien anarchist, (6) an alien who disbelieves in or is opposed to all organized government, and (c) an alien who advo- cates or teaches the unlawful destruction of property. This man states that he first landed in the United States in New York in July, 1900, as a member of the crew of the Norwegian ship Thordenskald and that he deserted the vessel there entering without inspection; that in 1910 he made a trip to Canada remaining there until December of that year when he again entered the United States by walMng across the line, near Blaine, Wash., shortly before New Years. During the period of his residence in this country he says that he principally engaged in railroad and harvesting work; that the longest he ever held any one position was three and one-half months; that he has roamed about the country, beating his way on trains; and that he has been arrested on three previous occasions usually because I. W. W. DEPORTATION CASES. 85 of activities in connection with the I. W. W. He has been a member of the I. W. W, organization since February, 1917, having joined in Chicago. He admits that he was at one time an organizer and a delegate, but claims that since his arrest at Spo- kane, Wash., he has not carried credentials, although he continually Uned up new members and brought them to the I. W. W. halls. He is now serving a sentence in the Kerce County jail at Tacoma for distributing and pasting I. W.' W. stickers or "silent agitators" on public property. Headmitshiseuiltandsays that if released to-day he would become even more active than he was before arrest, siis member- ship book. No. 298627 shows dues paid to February 1, 1919. . • The alien states that he fully believes in the teachings, principles and tactics of the I. W. W. He was asked if he believed in the use of sabotage in order to get what he wanted from the employer and replied, "Yes, if necessary.?' He attempted to qualify this, however, by saying that he did not believe in destroyingi property or breaking machinery. The following paragraph was read to him from -one of the best known I. W. W. sabotage teacmi^ pamphlets entitled "The I. W. W., its His- tory, Structure and Methods": "Failing to force concessions from the employers by the strike, work is resumed and 'saboteige' is used to force the employers to concede the demands of the workers. During strikes the works are closely picketed and every effort made to keep the employers from getting workers into' the shops. All supplies are cut off from strike bound shops. All shipments are refused or missent, delayed and lost if possible. Strike breakers are also isolated to the full extent of the power of the organization. Interference by the Goverimient is resented by open violation of the Government's orders, going to jail fen masse, causLog expense to the taxpayers— -which is but another name for the employing class. In short, the I. W. W. advocates the tise of militant 'direct action ' tactics to the full extent of our power to make good." , When asked if the above met with his approval, he replied: "That is the way 1 understand it." Samples of the I. W. W. stickers which the alien admits he pasted on public buildings are contained in and made a part of the recojd. In addition to the payment of dues toward the I. W. W. organization, stamps in the alien's mem- bership book indicated that he made $63 in voluntary contributions to the order. Not only has the align done all in his power to assist the I. W. W., financially and otherwise, but he opisnly advocates and believes in the use of sabotage to accomplish his ends. While he attempts to say that he does not believe in destroying property or breaking machinery, his approval of the above-quoted paragraph shows that he does believe in and advocates missending, delaying, and losing if possible the supplies of employers, which is undoubtedly, in a great many instances, the equivalent to destruction of property. In addition to his advocacy of sabotage, he has contributed heavily, according to his means, to an organization which prints, publishes, sells, and distributes sabotage- teaching literature. Upon the basis of the above facts the bureau recorinnends his deportation to Norway, at Government expense, upon the ground that he has been found advocating the unlawful destruction of property. (Not proved— Cancel, Louis F. Post, Assist. Secy.) A. Caminetti, Commissioner General. (Notation at bottom of above memorandum as follows:) What action did the Secretary take (or what instructions give) in re the bureau memo, of May 26, 1919, hereunder. Conference at 2 p. m. Aug. 22, 19 . (L. F. P., Aug. 21, 1919.) The memorandum referred to was not approved. Attention is called to the fact that this memorandum bore only on the membership of the I. W. W. as an order. Aug. 22, 1919. "C" CASE OF DAVID HOBVATH. Another interesting I. W. W. case is that of David Horvath, bureau file 54709/43, documents pertaining to this case read as follows: Septbmbbk 19, 1919. In re David Horvath, aged 18, native and citizen of Hungary; entered presumably at New York, N. Y., per S. S. Penonia in 1908. Memorandum for the Acting Secretary: The above-named alien was arrested at Port Oglethorpe, Ga., on the grounds that he is an alien anarchist; that he believes in the overthrow by force or violence of the Government of the United States; that he advocates the overthrow by force or <^tj 1. W. W. DEPORTATION CASES. violence of the Government of the United States; and that he disbelieves in all organized government. This man states positively that he does not believe in organized government and that lawia unnecessary. He is a member of the I. W. W., and believes in industrial democracy or that system whereby an organization, such as the I. W. W., takes con- trol of the industries and runs them to suit itself. His idea is to take the industries away from the capitalists without pay, and he also advocates the workers taking control of the industries regardless of the manner in which it has to be done. This man entertains practically the same ideas as all others who.beheve in the system of industrial democracy but is just a little more frank in expressing his opinions as to how that system should be brought into existence. The bureau is of the opinion that all of the charges in the warrant are sustained, and upon those grounds recommends the alien's deportation to Hungary at Govern- ment expense, when possible. A. Caminetti, Commissioner General. Approved: John W. Abbrceombie, Acting Secretary. Law Office of Charles Recht, New Torh, October 10, 1919. The Commissioner General of Immigration, Washington, D. C. ' Dear Sir: I appear for David Horvath, at Fort Oglethorpe, Ga., and request that I be advised of any proceedings taken in this case, that a hearing be accorded this alien, and that 1 be given an opportunity to act for my client in the various stages of the proceedings. Very truly, yours, Charles Recht. Note. — Pencil notation at bottom of original of above letter states: "File. Mr. Rfecht's partner, Miss Weiss, was permitted by Dept. to review this record. Wr J. P." Copyist. October 23, 1919. Memorandum for the Acting Secretary The five records attached hereto relate to the cases of Louis Gyory, Dtivid Horvath, Kalman Peritek, Joseph Lesko and Steve Torek, all of whom have been ordered to be deported, on department warrants, on anarchistic and kindred charges. AU are in confinement at the War Prison Barracks, Fort Oglethorpe, Ga., where the hearings in their respective cases were cqnducted. It will be noted from the correspondence in the respective files relating to these cases that Attorney Charles Recht, of New York, has requested that he be given an opportunity to" act for his clients "in the various stages of their cases before the Immigration Service, and you are advised, in this connection, that a representative of Mr. Recht is now in Washington and called at the bureau to-day, when she made oral request to be permitted, to review th^. records, in order that they might be in a position to determine the course of theirfuture action in these cases. His represent- ative (Miss Weiss) was advised that hearing had already been accorded the aliens that each and every one of them was'adviseid, at the outset of the hearing, of his right to have present and be represented by,, an attorney, that the right to have counsel present or to represent his case was waived by each and every one of the aliens, that the cases had proceeded to a decision before the department, and that warrants of deportation, with appropriate instructions as to their execution, had issued for all of them. As the right of representation by (Jounsel had been expressly waived by all of the aliens, and nothing has beeh presented to show that Mr. Recht is now author- ized to represent them, that they are in any way dissatisfied with the decision which has;been rendered as to them or have made any request that their cases be reopened. Miss Weiss was advised that the bureau could hold forth no encouragement that she •would be permitted to review the records for Mr. Recht, nor that he would be recog- nized as counsel for the aliens at this late stage of the cases. She did not intimate that the aliens had authorized Mr. Recht to appear at this time in their behalf, but did state that he is attorney for the Industrial Workers of the World, and expressed the opinion that, in his capacity as such attorney, he should be permitted to review the records in the cases of any and all members of that organization who have been arrested in deportation proceedings, regardless of the stages to which such cases may I. W. W. DEPORTATIOlir CASES, 87 have progresaed. I think you will readily appreciate the inadvisability of permitting Mr. Recht, or any other attorney, so far as that is concerned, to appear in these cases in any but a regular manner, this after he has been duly authorized by the alien concerned to represent him, and has come into the case, in the usual manner, at some stage before a final decision is rendered by the department. To permit him to do otherwise would be to countenance irregularity of proceduje which would prove most embarrassing, and would confer upon a him a privilege which could not pos- sibly be extended to other attorneys, except in applications for a reopening in the usual way. For the foregoing reasons, the bureau has respectfully to recommend that these records be not thrown open to the inspectioh of Mr. Recht, or his representative, in the absence of express request or authorization for him to appear by each alien who is affected. A. Caminbtti, Commissioner Oeneral. Approved: (Unsigned.) \ Acting Secretary. Law Office op Charles Recht, New York, October 25, 1919. The Commissioner General op Immigration, Washington, D. C. Re David Horvath. Dear Sib: I respectfully request permission to reopen this case, as the record shows that the alien waived right to counsel, as he could not afford to pay for one or pro- cure one who was willing to take the case. I would appreciate it if another hearing -were granted and a day set when this case could be heard together with the others at Fort Oglethorpe, so that some one from this office might go down. Yours, respectfully, Chas. Recht. November 1, 1919. In re David Horvath, Stephen Torek, Kalman Pentek or Paintek. Memorandum for the Acting Secretary: The above-named aliens are all under order of deportation to Russia, and the facts regarding their cases will be found reviewed in bureau memoranda indicated at markers in the attached files. Attorney Chas. Recht represents himself as their attorney and has requested a reopening of each case, although there is no communi- cation or indication of any kind in the record to show that these men desired Mr. Recht as their attorney. As to the question of reopening these cases the Bureau has to state that each alien received a fair hearing at Fort Oglethorpe and were duly and properly apprised at the hearings of their right of attorney. In each instance the aliens waived their right of attorney, either stating that they did not desire such or were unable to pay the expenses for one. There seems to be no good reason whatever why these cases should now be reopened merely upon the reciuest of Attorney Recht. In each case the record was carefully reviewed and the ahens found to be here in violation of law. The aliens themselves have not requested a reopening of their cases nor is there anything in the record to indicate that they have communicated such a desire to Attorney Recht. Aside from the lack of merit of the request of Attorney Recht a reopening of these cases at Fort Oglethorpe would necessitate sending an immigrant inspector to that point, invblving considerable time and expense. The question of removing these aliens to New York is now before the bureau, as it will be incumbent upon this service to take charge of them just as soon as the war prison camp breaks up at Fort Oglethorpe, which will probably be in the not far distant future. It is recommended that the request to reopen these cases be denied. (Sgd.) Alfred Hampton, Assistant Commissioner General. Approved: John W. Abebcrombie, Acting Secretary. 88 I. W. W. DEPOBTATION CASES. Law Office Chakles Recht, New York, November 5, 1919. The Commissioner General of Immigration, Washington, D. C. Re David Horvath. Dear Sir.:".! shall appreciate it if you 'will advise me of your decision in the matter of reopening this case. As this alien did not understand the proceedings fully the taking of further testimony would be desirable. Yours, respectfully, Chas. Recht. November 18, 1919. Chas. Recht, Esq., New York, N. Y. Dear Sir: Replying to you letters of the 5th instant in regard to the cases of David Horvath, Stephen Torok, and Kalman Pentek, now confined at Fort Oglethorpe, 6a., under order of deportation, I desire to state that, after due cqnsideration of the matter by the buieau and department, your request for reopening of these cases can not be granted. It appears that at the time of the hearings they were duly apprised of their right of attorney, but all decUned to avail themselves of this privilege. No facts have been submitted by you which would justify reopening these cases at this late date. Very truly, yours, ' (Stamped as having been signed by Alfred Hampton.) Assistant Commissioner General. Charles Recht, Counsellor at Law, New York, April 17, 1920. The Commissioner General of Immigration, Washington, D. C. Sir: Please enter my appearance for Dave Horvath, just sent to Ellis Island from Fort Oglethorpe, and advise me of all proceedings had in his case. ' Yours, very truly, Charles Recht. Charles Recht, Counsellor at Law, New York, April «, 1920. Commissioner General of Immigration, Washington, D. C. In re David Horvath. Dear Sir: I wish to enter a special plea for David Horvath, who is now on Ellis Island awaiting deportation, having been transferred from Fort Oglethorpe a few days ago. This boy will be 19 years old next month and was arrested when he was 16, and has been interned for the past three years. He strikes me as being a very able and intelli- gent boy and in every way a person who if given an opportunity would make a good ■ citizen and desirable member of the community. As you probably know, he came to this country when very young and attended our public schools. He was arrested just as he commenced his career as a workman. If ne has been guilty of any indiscretions it has been due to his youth and certainly can not be said to have been the result of mature reflection, consideration, or knowledge on his part. I beUeve that the ends of justice would be best served in thiff case by giving him an opportunity to go back to his familjr in Cleveland under some sort of parole arrangement, so that he can demonstrate his willingness to conduct himself in a law-abiding manner. At the time his hearing was given him, he has not attorney, and replied with youth- fully characteristic impatience to the questions asked him. There is no doubt in my mind that in re^rd to the subject matter of the hearing he had no knowledge, infor- mation, or opinions, and made replies he did in the spirit of resentment against his long detention. I would appreciate it, therefore, if you would reopen this case and grant him a rehearing, so that all the facts in the case may be presented. Thanking you, I remain, Very truly, yours, Chas. Recht. Note. — Original of above communication bears following notation: "Application for rehearing granted. Wire station. Louis F. Post, Asst. Sec. Apr. 24/20." Copyist. INDEX t Note. — This index Is intended as a rough guide to contents of these hearings. Letters and memoranda ol Mr. Post, Assistant Seoretaryof I^abor; Mr. Camiuetti, Conmiissioner General of Immigration; Mr. Hoover, special assistant to the Attomev General, as well as reports of inspectors and agents, appear too frequently to be indexed in detail.— Clebk.] Page Anarchists, list of, for 1918 : 66 Berg, John, case of 42, 61 Beraat, Charles, case of 26, 63 Blackwood, W. A. , statement of 3 Bostrom, August, case of 34, 57 Ciofalo, Andrew, case of 51, 63 Cohen, Katie, case of 54, 63 Ehrlich, Sol, case of 30, 64 Elick, Mike, case of 49,62 Flogaus, Edwin, case of 38, 57 Hand, Judge, decision of, in case of Nelson 4 Hendrickson, Axel, case of , 32, 61 Holm, Jalmar, case of ; 36, 62 Horvath, David, case of 85 I. W. W., alien members of, paroled 68 Jackson, Charles, case of 44 Johnson, Christ L., case of , 21, 58 Kertz, Ephim, case of , 47 Kisil, Alex., case of 63 Leivo, John, case of 33, 58 Linsky, Hersh, case of , 64 Lipldns, Gus, case of 53, 63 Listkoff, Ephim, case of 62 Longfors, William, case of '. 5, 60 Lund, James, case of 7, 57 Martin, Alfred, case of .__ 83 Martin, Joe, case of .' 41, 59 Maskalunas, Kazis, case of 64 Melta, Peter Williamson, case of 23, 63 Morgan, John, case of 4, 60 Names of aliens sent from Seattle to Ellie Island, February 7, 1919 13 Neterer, Judge, decision of, in cases of — Dixon 71 Bernat 71 Jackson 45 Otterholm, Magnus, case of 19, 60 Patterson, John, case of ^ 64 Policy as to Russian Workers and I. W. W. — Conference of officers on 79 Ross, McGregor S., case of 18, 59 Rudkin, Judge, decision of, in case of Marhow 74 Sabotage, letter of Commissioner General of Immigration concerning 82 Seattle cases, disposition of, at Ellis Island , 56, 64 Slutzker, Aaron, case of , 63 Smith, Arthur J. , case of 8, 61 White, Henry W. , letter of protest from 80 Wolverton, Judge, decision of, in case of Carl Swelgin 76 89 COMMUNIST LABOR PARTY DE- PORTATION CASES HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF EEPEESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION MAY 4, 6, AND 7, 1920 STATEMENT OF W. A. BLACKWOOD DECISION OF SECRETARY OF LABOR IN CASE OF CARL MILLER CASES OF FEEBLE-MINDED AND INSANE ALIENS ADMITTED HISTORY OF L'ERA NUOVA ANARCHIST GROUP OF PATERSON, N. J. SUPPLEMENTAL LIST OF COMMUNIST PARTY DEPORTATION CASES WASHINGTON (iOVERNMENT FEINTING OFFICB ]Silj012 1920 COMMITTEE ON IMMIGRATION AND NATURALIZATION. House of Repbesentatives. SIXTY-SIXTH CONSBESS. ALBERT JOHNSON, ISAAC SIEGBL, New Tork. HAEOLD KNUTSON, Minnesota. KoscoB c. Mcculloch, omo. J. WILL TAYLOR, Tennessee. JOHN C. KLECZKA, Wisconsin. WILLIAM N. VAILE, Colorado. HAYES B. WHITE, Kansas. KING SWOPE, Kentucky. Washington, Chairman. ADOLPH J. SABATH, Illinois. JOHN E. RAKER, California. RILEY J. WILSON, Louisiana. BENJAMIN F. WELTY, Ohio. JOHN C. BOX, Texas. L. B. RAINEY, Alabama. P. F. Sntdbr^ Olerb. COMMUNIST LABOR PARTY DEPORTATION CASES. Committee on Immigration and Naturalization, House of Representatives, Tuesday, May 4, 1920. A subcommittee, called by Chairman Johnson, met at 10 a. m. The Chairman. We have asked Mr. Blackwood for some informa- tion concerning the Communist Labor Party deportation cases. These are being held pending a decision by the Secretary of Labor. Do you know, Mr. Blackwood, whether or not the Secretary has handed down a decision with reference to the Communist Labor Party? Mr. Blackwood. I have not heard of his doing so yet. [Note. — ^The decision of the Secretary of Labor was made May 5, and is made a part of this hearing.') The Chairman. Have you examined the records in any of the cases ? Mr. Blackwood. Yes; some. I have copies of some documents which are in the files of the Bureau of Immigration. The Chairman. You may present them. Mr. Blackwood. I have the following: Department of Laboh, Office of Assistant Secretary, Washingtan, March 6, 1920. For: The Commissioner General of Immigration. Prom: The Secretary. Subject: Secretary's memorandum of January 7, 1920. In resuming departmental charge of immigration matters in consequence of the absence of the solicitor, and in order to avoid misapprehension or misunderstanding, I respectfully recall attention to the Secretary's memorandum of January 7, 1916, the original of which is in my office and a copy whereof is hereto attached. Louis F. Post, Assistant Secretary. Office of the Secretary, January 7, 1916. Memorandum for the Assistant Secretary, the Solicitor, and the Commissioner Gen- eral. In cases under the immigration and Chinese exclusion laws which reach the depart- ment through the Bureau of Immigration, decisions by the Assistant Secretary are the decisions of the department unless reversed or modified by the Secretary in person. Kegarding any decision by the Assistant Secretary which appears to the commis- eioner general to be of sufficient importance for the Secretary's personal review, the practice hereafter is to be as follows: (1) Notice in writing will be promptly made by the bureau to the Assistant Secretary upon receipt of the latter's decision, such notice to be to the effect that personal consideration by the Secretary of the case in question is desired. (2) The file in the case will be transmitted either with the notice or within a reasonable time thereafter, to the Secretary through the Assistant Secretary along with such explanatory memorandum as may be necessary or appropriate. (3) The 3 4 COMMUNIST LABOR PABTY DEPORTATION CASES. file and the Secretary's decision will be returned to the bureau through the Assistant Secretary. In any case in which the solicitor serves as Acting Secretary a like practice with reference to his decisions will be observed, the notice in such case going to and the file passing through the Acting Secretary instead of the Assistant Secretary. W. B. Wilson, Secretary. Department op Labor, Office of the Assistant Secretary, Washington, March 15, 19Z0. Memorandum. For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Christant Romanuk (alleged Communist) No. 54859/661. In approving deportation for membership in the Communist Party the Acting Sec- retary must have been misled by the bureau memorandum of March 2, 1920. Upon examination of the evidence I can not sign the warrants. Suspend proceedings until return of Mr. Abercrombie. Release the alien meanwhile on parole. Louis F. Post, Assistant Secretary. Received March 17, 1920, Bureau of Immigration Law. Department op Labor, Office of the Assistant Secretary, Washington, March 18, 1920 For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Bail in immigration cases at Hartford, Conn. You are hereby directed to instruct Immigrant Inspector Clark at Hartford, by wire, to release immediately on $1,000 bail all aliens now in his custody under depart- mental warrant who are held only as members of a proscribed organization. In all cases in which he himself has reason to believe that the prisoner is personally within the act of October 16, 1918, irrespective of the fact of mere membership, you are directed to instruct him to give hearing at once and transmit the record immediately to the department. Louis F. Post, Assistant Secretary. Mr. Caminetti and Mr. Hampton absent from bureau. Mr. Peters drafted telegram as per instructions. 4 p. m. H. R. Notify the attorneys concerned. March, 18, 1920. L. F. P. March 18, 1920. Clark, Immigrant Inspector, Eartford, Conn.: You are hereby instructed to release all aliens now in your custody on department warrant who are held only as members proscribed organization on bond $1,000 for each being furnished. In all cases in which you have reason to believe alien under arrest is personally within contemplation act October 16, 1918, irrespective of member- ship in a proscribed or^nization, you are directed accord hearing at once and transmit records thereof immediately to department. Post. Attest: Louis F. Post, Assistant Secretary. March 24, 1920. Memorandum. For: Commissioner General of Immigration. From: Assistant Secretary. Subject: Disposition of aliens charged with being members of the Communist Labor Party. It is my understanding that departmental warrants have been issued for the arrest of a considerable number of aliens as members of the Communist Labor Party, the exact status of which with regard to the act of October 16, 1918, has not yet been COMMUNIST LABOR PARTY DEPORTATION CASES. 5 determined by the Secretary. Since it now appears probable that the Secretary may not be able to rule on that point for a considerable time, you are directed to take the following action in Communist Labor Party cases, for the purpose of eliminating hardships not necessary to protect the interest of the Government: 1. Instruct all inspectors in charge immediately that they parole to counsel aliens who come within the above-mentioned classification, if the inspector in charge knows counsel for the alien to be of good standing and reputation. 2. In cases where parole to counsel can not be effected but the inspector in charge is satisfied that the alien will appear when wanted, instruct the inspector to release upon the alien's own parole. 3. The foregoing instructions do not apply to arrested aliens not now in custody. 4. Instruct inspectors in charge to transmit not later than March 31 the names of aliens in their custody who come within the above classifications, but in whose cases such procedure is undesirable, stating in each case the reason why it is undesirable. 5. Transmit to the department the reports of disposition of cases referred to in this memorandum. Lotris F. Post, Assistant Secretary. Department of Labor, Office of the Assistant Secketary, Washington, March 27, 1920. Memorandum. For: The Commissioner General of Immigration. From: The Assistant Secretary. Subject: In re parole of aliens, No. 54844/190. You appeal to the Secretary by memorandum of March 26, 1920, from decision of the Assistant Secretary in re Communist Labor Party cases, made in his memorandum of March 24, has been noted and transmitted to the Secretary. Pending decision thereon by the Secretary, you are hereby directed to execute the directions of the Assistant Secretary's memorandum of March 24, which require, (1) instructions to inspectors in charge to parole to counsel aliens who are under arrest upon the charge of being members of the Communist Labor Party, if the inspector in charge knows counsel for the alien to be of good standing and reputation; (2) in cases in which parole to counsel can not be effected, but the inspector in charge is satisfied that the alien will appear when wanted, instructions to release upon the alien's own parole; (3) the foregoing directions not to apply to arrested aliens not now in custody; (4) instructions to inspectors in charge to transmit, not later than March 31, the names of aliens in their custody who come within the above classifications but in whose cases such procedure is undesirable, stating in each case the reason why it is undesirable; (5) transmission to the department of the reports of disposition of cases referred to above. Copy attached. Louis F. Post, Assistant Secretary. March 31, 1920. Memorandum for the Assistant Secretary. Your memorandum of the 27th instant, in re parole of aliens, I am informed was received in the bureau after office hours on the 29th, and, having by some one been attached to file No. 54844/190, was not found immediately, as I was looking for it elsewhere than in a Communist Party file. The bureau notes that the appeal has been sent to the Secretary; but since you are proceeding with the subject of said appeal as though it had not been taken, the bureau does not care to bother the Sec- retary with taking up a matter upon which you propose to act notwithstanding the appeal was taken by the bureau as provided by the memorandum of the Secretary of January 7, 1916. Therefore the bureau respectfully withdraws the appeal hereto- fore entered herein. A. Caminetti, Commissioner General. 6 COMMUNIST LABOR PARTY DEPOETATION CASES. U. S. Department or Labok, BuKBAtr OF Immigration, Washington, March SI, t9M. In re Parole of aliens ("Cominunist Labor Party). Memorandum for the Assistant Secretary: The bureau, in accordance with directions found in your memorandum of the 27th instant (received the 29th), has prepared telegraphic instructions to all commissioners of immigration and inspectors in charge for the signature of the Assistant Secretary. Please find such telegraphic instructions hereunder. A. Caminetti, Commissioner General. (Notation on bottom of foregoing memorandum.) Noted & telegrajjh signed with an alteration Mar. 31/20. L. F. P. March 31, 1920. Immigration Service, Ellis Island, New YorrTc Harbor: • Pending further directions you are instructed — First, parole to counsel aliens who are under arrest on charge of being members of Communist Labor Part;^ if you know coimsel for the alien to be of good standing and reputation. Second, in such cases in which parole to counsel can not be efiected but the commissioner or inspector in charge is satisfied that the alien will appear when waiited you are authorized to release such alien upon his own parole. Third, foregoing instructions not to apply to arrested aliens not now in custody. Fourth, you are instructed to transmit this day the names of aliens in your custody who come within the above classification but in whose cases such procedure is undesirable, stating in each case the reason why it is undesirable. The foregoing instructions do not apply to aliens, alleged members of Communist Party of America. LoTTis F. Post, Assistant Secretary. Exact copy as signed by Louis F. Post. Mailed March 31, 1920. March 31, 1920. Western Union: Repeat the foregoing message to the following stations: Immigration Service, Boston, Mass.; Baltimore, Md.; Chicago, 111.; Cleveland, Ohio; Bufiajo, N. Y.; Hart- ford, Conn.; Detroit, Mich.; Minneapolis, Minn.; Philadelphia, Pa.; St. Louis, Mo.; Seattle, Wash.; San Francisco, Calif.; Portland, Oreg.; Denver, Colo.; Jacksonville, Fla.; Los Angeles, Calif.; El Paso, Tex. Commissioner General. Exact copy as signed by A. Caminetti. Mailed March 31, 1920. memorandum concerning third international. Supplemental memorandum for the Secretary. Pursuant to your request, the bureau submits, herewith, a supplemental memo- randum covering the Communist Party of America, showing its affiliation with the Communist International, and quoting, under appropriate subheadings, the various provisions of the manifestos, constitutions, programs, etc., of the two oiganizations which bear upon the purpose and object of the Communist Party of America. 2| I. the third international. On March 2, 1919, there assembled at Moscow representatives of all the communistic groups throughout the world for the purpose of adopting a unified program enunciating the principles of communism. This assembly was called by the Communist Party of Russia and the Sparticus group of Germany, and the program and manifesto adopted at the Third International was based upon the principles and tactics adhered to by the Russian Communists. At the time of the assemblylng of the Third International the communistic movement in the United States had not been developed into a separate and distinct movement but it was represented at the Third International by a delegate who purported to be the official delegate of all of the communistic groups in the United States. A manifesto and program were drafted and adopted by the COMMUNIST LABOR PAKTY DBPOETATIOH' CASES. 7 dele^tes at the Third International, which manifesto and program will be analyzed lerem. This manifesto and program was the expression of the views upon inter- national commimism and was addressed to the workers of all countries. In its contents ■frequent reference is made to the United States, thus showing that the United States was considered as a field for the development of communistic doctrines. The reason for the preceding explanation and the following analysis of the mani- festo andprogram of the Third International is that there is found in section 2 of the •constitution adopted by the Communist Party of America the following requirement: ' 'The undersigned, after having read the constitution and program of the Communist Party, declares his adherence to the principles and tactics of the party and the Com- munist International; agrees to submit to the discipline of the party as stated in its ■constitution and pledges himself to engage actively in its work." n. PURPOSE AND AIMS OP THE COMMUNIST PARTY OF AMERICA. In view of the affiliation of the Communist Party of America with the Third Inter- national, the purposes and aims of the Communist Party of America will be pointed •out by analyzing the manifesto and program of the Communist Party of America and "by a comparison with certain pertinent ideas expressed in the manifesto and program •of the Third International. CASE OF OABL MILLER. I also came across an interesting memorandum in the case of Carl Miller, bm-eau file 54709/800, which is the case of a member of the •Communist Labor Party of America arrested in Colorado district. "Hearing was accorded alien and in due course received by the Bureau ■of Immigration. The Commissioner General, under date of February 19, 1920, submitted a memorandum for the department treating on the Communist Labor Party and closing with the statement that the bureau finds said party an organization coming within the act of October 16, 1918, and recommended deportation. Under date of February 21, 1920, the commissioner general submitted memorandum for the Acting Secretary with reference to a hearing before the Secre- tary, the purpose being to determine whether or not the above-named organization came within the act. Under date of March 24, 1920, the Assistant Secretary submitted a memorandum to the Commis- sioner General, instructing that the file be held until return of the 'Secretary and then submitted through the Assistant Secretary for decision. Instructing further that alien be released on personal recognizance if inspector in charge at Denver was satisfied he would appear. The inspector in charge at Denver was so instructed by wire. He replied that alien was out oh bond, saying that he knew nothing about the alien and was unable to express an opinion as to whether or not he would appear if released as instructed, further suggesting that the bond be allowed to stand. %e case is still pending. The documents give a full understanding of case: they read as foltows: February 19, 1920. In re Carl Miller, aged 38, native and citizen of Germany, arrived at port of Galveston, Tex., in October, 1907. l^emorandum for the Secretary (through the Actiag Secretary). This alien was arrested on the department's warrant of December 27, 1919, which "warrant contained the following charges, drawn pursuant to the terms of the act of October 16, 1918: (1) That he is a member of or affiliated with an organization that •entertains a belief in the overthrow by force or violence of the Government of the United States; (2) that he is a memebr of or affiliated with an organization that advo- ■cates the overthrow by force or violence of all forms of law; (3) that he is a member of •or affiliated with an organization that advocates the overthorow by force or violence 8 COMMUNIST LABOR PAETY DEPORTATION CASES. of the Government of the United States; (4) that he is a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States; (5) that he is a member of or affiliated with an organization that teaches opposition to all organized government; and (6) that he is a member of or affiliated with an organization that entertains opposition to all organized government. The prima facie evidence which was used by the department as the basis for the issuance of its warrant of arrest is contained in an affidavit sworn to by a special agent of the Departinent of Justice, in which the averment is made that the subject is an alien, that he is a member of the Communist Labor Party, and attends the meetings of that organization which are held in Denver, Colo., and that the Communist Labor Party is one mere membership in which makes an alien liable to deportation under the act of October 16, 1918. At the time alien was taken into custody there was found in his possession his mem- bership card, showing membership in the Communist Labor Party, and that his dues had been paid in said organization up to January, 1920. The special agent of the Department of Justice, upon being questioned, testified to the effect that he was present at the time when alien was arrested and took a statement from him, at which time alien admitted that he became a member of the Socialist Party in April, 1919, that later there was a split in that organization, as a result of which a portion of it became a part of the Communist Labor Party. ' Alien affirmed the truth of the state- ments made to said special agent, admitting his membership in the Communist Labor Party and the payment of his dues in advance, as stated. Alien further admitted his familiarity with the manifesto and program of the organization, and the same was read to him at a meeting of the Socialist Party in Denver in October last, at which time it was decided to join the Communist Labor Party. The examining inspector recommends that the alien be deported, and the inspector in charge at Denver, in transmitting the case, concurred in such recommendation. The facts in this case seem to be entirely clear and, summed up briefly, are to the effect that alien is a member of the Communist Labor Party, is familiar with the constitution and program of such, party and, it his testimony can be accepted as any indication, is in full accord therewith. With this statement of fact as a premise, the bureau proceeds to an analysis and discussion of the provisions of the constitution, platform, program, official pronouncements, etc., of the Communist Labor Party with the purpose in view of showing that said organization is one within the piurview of the act of October 16, 1918, mere membership in which renders an alien subject to deporta- tion from the United States. A brief history of this organization will first be made: The Communist Labor Party, as was the case with the Communist Party of America (comment upon which was made in a former memorandum to you submitted in con- nection with the Englebrert Preis, et al., cases), is an outgrowth of the Left Wing of the Socialist Party. At a convention of the Socialist Partv held in Chicago in the latter part of August, 1919, the purpose of which was to settle and adjust, it possible, the difference which had arisen within said organization, the Left Wing element of the Socialist Party withdrew from the convention en masse. The Left Wing members, headed by John Reid, of New York, who were refused seats as delegates to said con- vention, met on September 3, 1919, at the building used as the headquarters of the recruiting union of the L W. W. , for the purpose of holding a convention of their own, which was known as the "Convention of the Communist Labor Party of America." The delegates to this convention proceeded to draft and adopt a platform and program of their own. During the course of the debate among the delegates a discussion arose 8,9 to whether or not the words "political action" should be utilized in connection with the accomplishing of the aims of the newly organized party. After a heated debate these words were stricken from the "platform" of the party. Efforts were also made at the outset of the convention to unite with the Communist Party of America This met witti the failure due to the attitude of some of the leaders of the Communist Labor Party. To show the unity of purpose of the two parties, their similarity in program, modes and methods of accomplishing their aim, affiliation with the Com- munist Interntional, etc., it seems not inappropriate to state at this time that during the recent hearing which the Secretary of Labor accorded certain attorneys repre- senting the Communist Party of America the assertion was treaty made that the Com- munist Party ot America and the Communist Labor Party are one and the same in purpose and aims, are in accord as to the methods of obtaining those aims and, in fact, are in all essential respects identical except as to the matter of leadership. It seems also appropriate to insert, at this place in the bureau's memorandum, the following excerpt from a letter which Swinburne Hale, ot counsel for the Communist Party of America, addressed to the Secretary of Labor under date ot January 14, 1920, and to follow the same with extracts from authorized writings ot the Communist Labor Party: " I have no doubt that if this procedure is satisfactory I can airange to have similar officials ot the Communist Labor Party produced for examination at the same time. COMMUNIST LABOR PARTY DEPORTATION CASES. 9 You may not, however, feel that this is necessary, since the language of the Com- munist Labor Platform is substantially the samej and the number of its members arrested is smaller," article must be read in its entirety to be fully apprec,iated, the following excerpts therefrom are of considerable significance in connection with the pgint which the bureau is endeavoring to bring out, viz, the similarity in every essential detail of the Communist Party of America and the Communist Labor Party: "If there is any fundamental djifference of principle between the Communist Party and_ the Communist Labor Party, then we would not favor unity of the two, for a lasting unity can be achieved only on the basis of agreement on fundamental principles. "That such agreement on principles is a fact will be evident to any one that com- pares the platforms, programs, and manifestos of the two parties. Both conventions based their pronouncements squarely upon that of the Third International. Both are in accord with the Left Wing program of New Yotk. Both are worthy expressions of the principles of international communism. "But there is a very serious difference between the two parties in thier formof organization, a difference that must be thrashed out if the parties meet in unity conference, a difference that should be noted by every comrade before he joins either party." Before passing on to an examination and analysis of the constitution, platform,, and program of the Communist Labor Party, it seems pertinent to quote this further excerpt from the article "The Three Parties" as showing the direct connection betweei* the Communist Labor Party and the exponents of communism in Europe: "If you asfree with our platform and program, if you indorse the fundamental principles oJ communism, if you desore to clasp hands in Communist comradeship with the Bolshevik and the Spartacans in the Third International, and if you believe that all comrades in this country that stand on these fundamental principles should be in one party, then join the Communist Labor Party at once." Section 4 of article 2 of the constitution of the Communist Labor Party provides that all persons joining said party shall sign a pledge reading as follows : "I, the undersigned, recognizing the class struggle between the capitalist class and the working class, and the necessity of the working class organizing itself politically and industrially for the establishment of communism, do hereby apply for member- ship in the Communist Labor Party. "I have no relations, as member or supporter, with any other political party. "I am opposed to all political organizations that support the present capitalist profit system and I am opposed to any form of trading or fusing with any such organ- izations. "In all my political actions Tthile a member of the Communist Labor Party, I agree to be giiided by the constitution and platform of that party." Section 3 (a) of article 8 of the constitution provides: "The platform of the Communist Labor Party shall be the supreme declaratiraa of the party, and all State and municipal platforms shall conform thereto." The ■ following excerpts are taken from the ''platform and program of the Com- munist Labor Party," as adopted at the Chicago convention: PLATFORM. "Section 1. The Communist Labor Party of the United States of America declares itself in full harmony with the revolutionary working class parties of all countries and stands by the principles stated by the Third International formed at Moscow. » * * » * » » "Sec. 4. The Communist Labor Party proposes the organization of the workers as a class, the overthrow of capitalist rule, and the conquest of political power by the work- ers. The workers organized as the ruling class, which through their government, make and enforce the law; that is, own and control land, factories, mills, mines, transportation systems, and financial institutions. All power to the workers. * * « * * * * "Sec. 6. To this end we ask the workers to unite with the Communist Labor Party for the conquest of political power to establish a government adapted to the communist transformation." 10 COMMUNIST LABOR PAETY DBPOBTATION CASES. Under the heading "Party and labor program" the essence of the "principles" as stated in the Third International formed at Moscow, are given. The following in par- ticular are pertinent to the scope of the present inquiry: "The working class must organize and train itself for the capture of state j)ower. This capture means the establishment of the new working class government machinery, in place of the state machinery of the capitalists. ******* "The present world situation demands that the revolutionary working class move- ments of all countries shall closely unite. "The most important means of capturing state power for the workers is the action of the masses, proceeding from the place where the workers are gathered together-r-in the shops and factories. The use of the political machinery of the capitalist state for this purpose is only secondary. "In those countries in which there is a possibility for the workers to use this ma- chinery in the class struggle, they have, in the past, made effective use of it as a means of propaganda, and of defense. In all countries where the conditions for a working class revolution are not ripe, the same process must go on . ''We must rally all groups and proletarian organizations which have manifested and developed tendencies leading in the direction above indicated, and support and en- courage the working class in every phase of its struggle against capitalism. ******* ' ' Not one of the great teachers of scientific Socialism has ever said that it is possible to achieve the social revolution by the ballot." The following significant paragraphs are quoted from the "Program" of the party: "(1) We favor international alliance of the Communist Labor Party only with the Communist groups of other countries, those which have afiiliated with the Communist International. _ " (2) We are opposed to association with other groups not committed to the revolu- tionary class struggle. " (3) We maintain that the class struggle is essentially a political struggle, that is, a struggle by the proletariat to conquer the capitalist state, whether its form be monarchial or democratic-republic, and to replace it by a governmental structure adapted to the Communist transformation." An exposition on the purpose of the Communist Labor Party is contained in a " Special report on labor organizations, ' ' which was published simultaneously with the "Platform and program" of the party. It reads as follows: "The purpose of the party is to create a unified revolutionary working class move- ment in America." The same report defines the expression "revolutionary industrial unionism," which expression appears frequently in the official literature of the organization, as follows: 'By the term 'revolutionary industrial unionism' is not meant the organization of the workers into unions but industries with a revolutionary aim and purpose; that is to say, a purpose not merely to defend or strengtheln the status of the workers as wage earners, but to gain control of industries. " ARGUMENT. As is the case with respect to the constitution, program, and other oflScial pro- noimcements of the Communist Party of America, frequent reference is made in the official documents and pronouncements of the Communist Labor Party to the "revo- lutionary aim" of the party; to the "capture of State power" by the "action of the masses," and by the "revolutionary working class movement"; to the "overthrow of capitalistic rule and the conquest of political power by the workers"; and to the "conquest of ^political power" by means other than the ballot. The significance of these phrases, but thinly veneered in the official publications of the Communist Labor Party, is made the more readily apparent when the manifesto and program of the Third International and that of the Communist Party of America are examined and considered in the light of the fact that the Communist Labor Party has publicly declared itself to be "in full harmony with the revolutionary working class parties of all countries and stands by the principles" as stated by the former at Moscow, Russia, in March, 1919, and that there is no "fundamental difference of principle" between it and the latter, as both "based their pronouncements squarely upon that of the Third International." The department has already examined, with care, the constitution, program, and pronouncements of the Communist Party of America, and has held that said organization is one of the character described by the act of October COMMUNIST LABOB PAETY DEPORTATION CASES. 11 16, 1918, membership in which renders an alien subject to deportation from the United States. That it is the intention and the announced program of all Communist parties to estabUsh a communistic form of government, patterned upon that which now exists in Russia, in the United States as well as in other countries of the world is a fact which here needs no argument to support it. In order to bring about the abolition of the existing form of government, which this and other aUen organizations have termed the "capitalistic government," revolution is counseled. It is significant to note, in this connection, the recent Associated Press article commenting upon the appre- hension of a "Bolshevik" agent while en route to the United States and the seizure of a document found in his possession, signed by M. Bucharin, "president of the Third International of Moscow" and addressed "To our American comrades," which Seventeen applications received from Lettish, No. 1, and three trans- fers. Nine applications from central branch, and two reinstatements. Eeports of organizer, financial secretary, and recording secretary accepted. Eoll call read. Sixteen present. Minutes of executive committee, February 25, approved. Revolutionary' age board re- ported. Moved that two delegates from the Russian conference be given seats on the board, with no votes, and that we elect a committee to explain the position of the C. C. C in the matter. Amended to adjourn the question for one month. Amendment carried. Leader committee reported, suggesting that the C. C. C. lay over the matter of electing a leader agent until after the election of the State com- mittee. Carried. Press committee reported. Letter to press passed. Moved that names of candidates for the State committee indorsed by C. C. C. be published this week in the Revolutionary Age and New England Leader. Carried. Moved to elect committee to boost these as far as possible. Comrades Bloom, Colyer, Lassman, Hed- rick. Sharpshooter elected. Amy Colyer, assistant secretary pro tem." Mrs. Colyer, referring to the last committee, where it says " Colyer," does that mean you ? — A. I don't know ; it might. [Alien examines communication.] It might mean me and it might mean my husband. Q. So far as your recollection serves you, does it not mean you? — A. I don't remember. Q. Where it say, The Revolutionary Age, is that a A. That is a periodical. Q. That is not the question. And the Ring Leader? — A. Yes. Q. Are those Communist papers? — A. This is all Socialist Party minutes. Q. Left Wing Socialists? — A. We had no title. We were simply the Socialist Party. Q. But weren't you known at that time as the Left Wing Social- ists?— -A, Some were for and some were against, that is all. The organization was simply Imown as the Socialist Party. Q. Is that your signature therte ? [Alien examines report of Feb- ruary 26.] — A. Yes. Q. Well, at this time, had they not already adopted the manifesto of the Left Wing of the Socialist Party ? — A. I don't want to answer that. It has nothing to do with the Communist Party. Q. When did these two papers which I have mentioned become the organs of the Communist Party? — A. They are not Communist Party papers at all. Q. Are they not controlled now, and edited by the Communist Party?— A. No. Q. Who is in control of them? — A. I don't think they exist now. Q. When did they go out of existence? — A. Probably at the time of the division of parties. Q. When was that? — A. You know. Q. When was that ? — A. I don't wish to say. Q. Was it September of last year? — A. I decline to answer. Q. What papers represent the Communist Party in Massachu- setts ? — A. I decline to say. 22 DEPORTATION CASES OF WILLIAM T. AND AMY COLTER. Q. Where is it published? — A. I decline to say. Q. What is there at 885 Washington 'Street? Executive office? — A. I decline to say. Q. Who is in charge of the offices at 885 Washington Street? — A. I decline to say. Q. Have you ever been in charge of them? — A. I decline to say. Q. There is a library there, is there not? — A. I decline to say. Q. Do they Sell papers or pamphlets at that address? — A. I de- cline to say. Q. The money that is received for pamphlets and papers, what becomes of it ? — A. I decline to answer. Q. How are the delegates' expenses met? — A. I decline to answer anything about the organization. Q. How many delegates were sent from Boston to Chicago ? That is, elected by the executive committee? — A. I decline to answer. Q. Do you know how many delegates are elected to attend a con- vention? — A. I do, of course. Q. Will you tell us?— A. No. Q. Why not? — I have said so many times that I have no wish to help you in your work. Q. I have here " Minutes of the C. C. C. executive committee, March 11, 1919." I will read parts of it, as follows : " Eeport of financial secretary accepted and bills ordered paid. Question of left wing convention discussed. Moved that C. C. C. adopt the fol- lowing declaration : The time for the convention to be Saturday, June 14, 1919. Carried. Amendment that local Boston favors the calling of a left-wing convention shortly before the national emer- gency convention. Lost. Committee of five elected to carry, out the business involved in the declaration — Maurin, Jansen, Fraina, McDonald, Silin." And another paragrajjh of the same record: " Moved that organizer be instructed to get in touch with the Russian federation in the work of organizing the unemployed. Carried. Moved that executive committee be instructed to start arrangements for May Day. Carried. Comrade Thomas Small was seated as delegate from Mattapan branch. Submitted by Amy Coly^r, assist- ant secretary pro tempore." Is that your signature? — A. (Alien looks at signature.) Yes. Q. So far as I have read the records, they are correct being over 3'our signature? — A. Yes. Q. I will read from executive committee, C. C. C, March 18, 1919, second paragraph : " Organizer reported visit to the Russian No. 1, where he consulted Mith the comrades re the unemployed, discussing with them the question of providing room for meetings, and arrang- ing for a parade. .Vlso reported work in connection with the left wing of the Quincj? Finnis branch, where he has been asked to ar- range for chairman and one English speaker at all their meetings. Following suggestions were made with regard to May Day: (1) General Socialist holiday;' (2) assembling at headquarters at 10 o'clock to 12, parade to Common 2.30, meeting on Common 3.30 followed by parade back to Roxbury to headquarters of Lettish branches, entertainments at both these places with at least one speaker; (3) appointment of May Day committee; (4) special edi- tion of Revolutionary age. Submitted by Amy Colyer, assistant DEPOETATION CASES OF WILLIAM T. AND AMY COLYBR. 23 secretajy pro tempore." I will ask you if that is your signature ? — A. (Examines signature.) Yes. Q. Was there any clash with the authorities during the May Day celebration?— A. I don't wish to talk about that. Q. Where were you at the time? — A. I was in Boston. I was at home, I mean. Q. InWellesley?— A. Yes. Q. You were not in Boston during that celebration? — A. Yes; I was in Boston on May T>slj. Q. About what time did you get into Boston? — A. In the middle of the morning. Q. What time was the parade? In other words, did you get in before the parade started? — A. I was not in the parade. Q. Were you in Roxbury?- — A. Yes. Q. Were you there when the clash took place between the aiithori- ties and the paraders? — A. I was not in the' parade. , Q. Were you there when the clash took place between the author- ities and the paraders ? — A. Yes. Q. Do you know what brought it on? — A. Yes; I know what brought it on. Q. What was it ? — A. The police fired on the people. Q. What reason did they have ? — A. I wonder myself. Q. Of course, you believe in law and order? — A. Yes; I do. Q. What kind of law and order do you believe in? — A. I don't' know how many lands there are." Q. Do yoti believe that if a city or a Wtate makes laws or ordi- nances that they be complied with ? — A. Yes. Q. Was it a violation of the ordinances of the city of Boston that caused the clash that day ? — A. Xo. Q. What was it?— A. I said that the police fired on the people. Q. Without cause? — A. Yes; without cause. Q. Where Avere you that you would come to that conclusion? — A. I don't know what you mean. [After a pause.] Might I say^thf^t my understanding is that May day parade was merely a group of people walking from one place to another. They carried red flags; but it is not illegal in Massachusetts to carry red flags, so that I do not think there was a law violated that day. Q. I have here a sheet of paper with minutes of the membership meeting, March 30, 1919. This sheet is headed " Local, Boston, Social- ist Party, 885 "Washington Street, Boston, Mass." Following, " Chairman, C. (t. Brey. Minutes of membership meeting of Decern^ ber 15 read and confirmed. Communications: (1) From Lettish- Branch, No. 2, giving text of a resolution passed by that branch, against the attempt to call an amnesty convention and demanding the call of a national emergency convention of the Socialist Party. Moved that this meeting adopt the resolution; carried. (2) From W. T. Colyer, suggesting the election of a committee to take up with the new State committee the question of making The Eevolutionary Age the organ of the State. Moved to accept ; amended to lay dver until after the report of The Eevolutionary Age board ; amendment carried. (3) From W. J. Sidis, making suggestions with regard to applications for English-speaking branches and further sugges- tions as to the left-wing program. Moved to accept and open for 24 DEPOETATIOW CASES OF WILLIAM T. AND AMY COLYEB. action ; amended to refer the first set of proposals to C. C. C. and the second set to the left-wing discussion; amendment carried. Discus- sion on left-wing program printed in The Revolutionary Age of March 22, 1919. Moved to accept the left-wing program as a basis of our political stand until such time as a left-wing congress shall meet; amended to consider the program seriatim;, amendment car- ried. The sections of the manifesto as far as the section headed ' Political action ' were then accepted, with this one alteration, namely, the substitution of the words ' the proletariat ' for the word ' themselves ' in the following sentence, to be found in the third paragraph of the section headed ' Sparticides and Bolsheviki ' : 'And now came the crucial test: Would they, in accord with Marxian teachings, make themselves the ruling class? * * *? jj^ ^.^^g ggj^. tence, as printed in The Revolutionary Age, the word 'themselves' refers to the subject of the previous sentence, namely, ' the Mensheviki and Social-Revolutionists.' In the section headed 'Political action' various amendments were proposed. Those to (1) strike out the last sentence of paragraph 4, and (2) strike out paragraphs 2, 3, and 4, except the last sentence, were lost, and the following were adopted: (1) To strike out the" words 'with provisions to safeguard small investors' from paragraph (c) ; (2) to add a paragraph (ff), as follows : ' Union with any regimes based on the dictatorship of the proletariat that may exist elsewhere.' Notice of other amendments 'had been given, but at this point the meeting voted to suspend the present discussion and to hear the report of The Revolutionary Age board. Motion to accept the suggestion of the board, namely, to grant Fraina and Maurin 15 minutes each to present the two sides on the question of removing the paper to New York; amended to give these two unlimited time and further speakers 10 minutes; amendment carried. Moved that the following statement be adopted by this meeting : ' Local, Boston, intends to keep The Revolutionary Age in Boston until a national convention of left-wing organizations shall be held. Organizations taking part in said convention should agree with the tactics of Bolshevik Russia and the left-wing mani- festo as published in the March 22 issue of The Revolutionary Age. Delegates in said convention should have voting power in proportion to membership represented. Local, Boston, intends to turn over the paper to the executive body elected by such a convention.' Amended to move the paper to New York within three weeks, the ownership and control to be kept in the hands of local, Boston, details of man- agement to be arranged by Boston C. C. C. in consultation with the left wing of New York. Amendment was lost, 85 to 90. Motion carried. Adjournment. Submitted by Amy Colyer, assistant sec- retary pro tem." Is that your signature? — A. (Alien examines sig- nature.) Yes. Q. The record stands for itself as being correct over your signa- ture? — A. Yes. Q. Have you any children? — A. No. Q. Have you or your husband taken up the stud}' or tried to secure information relative to naturalization in the United States ? — A. We have not made any special study. We knew we would have to wait five years before we could become citizens. Q. This communication bears the same heading, " Q. C. C. minutes, April 1, 1919." One paragraph on page 2 reads as follows: "Min- DEPORTATION CASES OF \y^ILLIAM T. AND AMY COLYER. 25 Tites of executive committee read. Moved to elect May day commit- tee of five. Comrades Silin, Jansen, Sidis, Mack, and Backman elected. Committee to meet every Friday night and to get into c6n- nection with all possible organizations likely to cooperate. Date of membership meeting to be fixed next meeting." Is that your signa- ture? — A. (i\.lien examines signature.) Yes. Q. And the record is correct as over your signature? — A. Yes. Q. I have here records of the minutes of the C. C. C. under date of April 8, 1919. I shall read portions of it, commencing with ■" Reports of oi-ganizer and secretaries accepted. Full report of Orand Opera House meeting. April 7 to be given next meeting. IReport of Revolutionary Age Board considered seriatim. Moved that local, Boston, shall not pay $50 per week to any writer for the Age. Lost. Board was instructed to see that in the contract with ■John Reed it shall be clearly stated that the board is to have exclu- sive rights over John Reed's work. Moved that Comrade Fraina's salary be raised to $45. Carried (10 to 9). Moved Comrade McAl- pine, who hag resigned from the paper, be paid $10 a week for the next two weeks for contributions to be sent from New York. Car- ried. Board was instructed to publish notices asking for unpaid •contributions to the paper." Page 2, paragraph commencing " Com- rades Jurgis and Friedman, of the literature distiibution committee of Fore RiVer and Squantum shops, were given the floor. Moved that May day committee be instructed to cooperate with this committee in distributing May day literature. Fifty dollars was voted for this purpose. General membership meeting was fixed for Sunday, April i27, at 3 o'clock. Executive committee was instructed to consider action re the unemployed. By Amy Colyer, assistant secretary pro tempore." Is that vour signature ? — A. (Examines communication.) Yes. Q. And the records are correct? — A. Yes. Q. Here is a communication headed " C. C. C. executive, April 15, 1919. Chairman, W. J. Sidis. Communications: From Berenberg Te Humphries lecture, laid over; from Gerner in answer to general imembership resolution, referred to general membership meeting April 27; from Lettish 1, and from Katterfield, referred to C. C. Organizer's report considered. Suggested that open-air meetings be lield as previously on the Mall Sundays, Pemberton Square Satur- day evenings, Blue Hill Avenue Friday evenings. Unemployment to "be subject at meetings. Following resolution passed and sent to Miss Julia S. O'Connor: 'That the executive committee of local, Boston, Socialist Party, heartil}? congratulates the telephone oper- ators of New England upon their solidarity and upon the firm stand thej^ have taken in calling the present strike ; tha,t it cordially wishes them every success and would be glad to know if there is any way in Tvhich it can be of assistance in this phase of the perpetual and in- evitable struggle between the wage-earning and the employing classes under capitalism.' Submitted by Amy Colyer." Is that your sig- nature? — A. (Alien examines signature.) Yes. Q. And is this record correct?— A. Yes. Q. Do the female members of the Communist Party have the same voting power as the males? — A. Precisely. Q They accept the same responsibilities as the males, do they? — A. Yes. 26 DEPORTATION CASES OF WILLIAM T. AND AMY COLYER. Q. I have here minutes of the C. C. C executive, April 22, 1919 : " Chairman, Frank Mack. The drawing up of an unemployment leaflet was referred to the press committee. Amy Colyer." Is that your signature? — A. (Examines signature.) Yes. Q.. Is Mr. Mack detained here with the others ? — A. I can not tell you. Q. Have you seen him? — A. I decline to answer. Q. Well, the alien who has been detained here under the name of Frank Mack, is that the person that has been referred to in so many of your communications? — A. I decline to answer. Q. Do you know a person by the name of Ime Kaplan? — A. I decline to answer. Q. Can you remember about how many times you saw him at 885 ^A'^ashington Street, Boston? — A. I don't answer about anybody else. Q. Do yoU know whether or not he ever assisted in organizing communist branches? — A. I decline to answer. Q. He makes a statement that he has ; what would you sav to that?— A. Nothing. Q. This is the same heading : " Minutes of general membership meeting, April 27, 1919. Chairman, W. J. Sidis. Minutes of mem- bership meeting, March 30, read and confirmed. Correspondence: (1) From Comrade Germer, in answer to resolution sent to the national office from last membership meeting; filed. (2) From Comrade Fraina; laid over to new business. (3) From Lettish Branch No. 1, submitting three resolutions. Resolution 1, calling upon the State committee to take steps toward suspending publica- tion of The New England Leader, was carried, an amendment to lay over to the State convention being lost. Resolution 2, calling upon the State committee to indorse The Revolutionary Age as our State paper was carried with the amendment calling upon the State committee to initiate a referendum making it possible to allocate the dues money now spent on The New England Leader to The Revolutionary Age. Resolution 3 was carried with resolution 2, re left wing magazine. Motion to suspend order of business and to proceed to new business lost. Adjourned discussion of left wing program. Political action section : amendment to delete from sec- tion (e) all words from and including the word ' provision ' carried. Amendment to insert the word ' bourgeois ' before the word ' State ' in the last sentence of the fifth paragraph and also before the word ' State ' where it first occurs in the second sentence of the sixth para- graph, carried. Amendment to strike out the words, ' anarcho- syndicalist ' and ' anarcho-socialist ' from the sixth paragraph. Pro- gram, section 1, adopted. Amendment to add the following was lost : ' That all the land and workshops and public utilities be con- scripted in the interest of all the peojDle ; that the hours of work to be six per day, or in proportion, so that all males and females, 18 years of age and over, shall have the right to work, who so desire; that the remuneration shall be $1 per hour.' Sections 2, 3, 4 adopted. Sections 5 and 6 to be replaced by the following : ' We demand that no propaganda organization (including the press, educational in- stitutions, etc.) be officially recognized by the party unless they are party owned and controlled.' Sections 7, 8, 9, and 10 adopted. DEPORTATION CASES OF WILLIAM T. AND AMY COLYEE. 27 Motion that this meeting adopt the left wing manifesto and pro- gram as printed in The Eevohitionary Age of March 22, and that - the amendments carried at this meeting and at the meeting on Marcli 30 be submitted to the left wing national convention, carried. Questions of delegates to left wing national convention. Moved to nominate delegates at this meeting and to initiate a referendum vote, carried. Amendment to ask the branches to vote at their branch meetings was lost. The following were nominated': Fraina, Maurin, Jansen, Jurgis, Henderson, Colyer, Zelms, Brey, Klaver, Aranoff, Sahlitz, Rihonef. The secretary was instructed to take a census of members in good standing 'in order to determine the number of delegates local, Boston, may elect. Eeports of financial secretary, press committee, and May day committee accepted. New business, re Comrade Fraina's letter, the following resolution was carried : ' That this meeting of the general membership of local Boston in- dorses the action of the C. C. C. on April 22, with regard to the salary of the editor of The Revolutionary Age, that it furthermore decides to issue subscription lists to all branches on behalf of Com- rade Fraina's sick family.' An amendment indorsing the previous decision to raise the salary to $45 was lost. Sumbitted by Amy Colyer." Is that your signature? — A. (Examines communication.) Yes. Q. And what I have read is correct? — A. Yes. Q. What do you know about anarchism, Mrs. Colyer? — A. I don't know. Q. What books have you read on s^narchism? — A. I don't think any. I am not an anarchist. Q. Have you listened to any lectures on anarchism? — A. No; I don't think so. Q. Will you say that you have not ? — A. Yes. Q. Will you say that you have not read any books on anarchism? — A. Yes ; I think so. •Q. What is an anarchist? — A. (After a long pause.) Can you or the Government define an anarchist? Q. I am asking you what is an anarchist ? — A. If by an anarchist is meant someone who uses terrorism the Communist Party is against that. The Communist Party is not a terrorist organization. It definitely repudiates it in its papers. It does not believe anything is to be gained by individuals being killed with bombs. (Alien is anxious to know whether her answer as to anarchism will be put into the record.) Q. This is taken from the translation from the Russian of the pamphlet with the following title sheet : " Novomirsky. Manifesto of anarchists-communists. Published by the Federation of Unions of Russian Workers of the United States and Canada. New York, 1919." I will refer to page 14 as follows : " As the labor organiza- tions of the present are the germs of future free associations, as the natural weapon of the laboring class, the strike, is the seed of our tactics. We see that the proletariat, along with the development of capitalism, more and more broaden and deepen their struggle; par- tial strikes lose their significance, and mass strikes pass into general ones. What must we do, the vanguard of the proletariat? We must consciously hasten the elementary movement of the struggle of the 28 DEPORTATION CASES OF "WILLIAM T. AND AMY COLYEE. working class; we must convert small strikes into general ones, and convert the latter into an armed revolt of the laboring masses against capital and state. At the time of this revolt we must at the first favorable opportunity proceed to an immediate seizure of all means of production and all articles of consumption, and make the working class the masters in fact of all general wealth. At the same time we must mercilessly destroy all remains of governmental authority and class domination, liberating the prisoners, demolish prisons and police offices, destroy all legal papers pertaining to private ownership of property, all field fences and boundaries, and bum all certificates of indebtedness — in a word, we must take care that everything is wiped from the earth that is a reminder of the right to private ownership of property; to blow up barracks, gendarme and police administra- tion, shoot the most ]Drominent military and police officers, must be the important concern of the revolting working people. In the work of destruction we must be merciless, for the slightest weakness upon our part may afterwards cost the working class a whole sea of need- less blood. In completely destroying all vestiges of the dominion of capital and state, we must try as soon as possible to start production upon new foundations. That is, extend the existing labor organi- zations and their unions, and give production over to them. Every city should begin the work separately, and proclaim a commune; that is, the union of all free labor organizations will become masters of the city. At the first favorable opportimity, the city commune will get in touch and establish relations with the surrounding village communes. The extension of the union and the unification of all communes into one grand national and international federation is a matter of further development." Did you ever hear such teachings as that?— A. No. y,. Xow, that you have heard it, do you subscribe to that teach- ing? — A. A'o; I don't. I should think that would be forgery — I •don't think that the loeople to whom it is credited ever wrote it. Q. One paragraph from the C. C. C. minutes of June 3, 1919, as follows : " Comrade Fraina reported for the left wing committee and as delegate to Buffalo and Chicngo. Report accepted and bill or- dered paid." Was there a convention previous to September in ■Chicago ? — A. I decline to answer. Q. Was there a convention in Buffalo? — A. I decline to answer. Q,. You know Comrade Fraina ? — A. I decline to answer. Q. This is your signature, is it not, on this communication of June 3? — A. (Examines communication). Yes. Q. And the record is correct? — A. Yes. Q. M-inutes of the C. C. C. June 10, 1919 : " Chairman W. J. Sidis. JMmutes of June 3 read and confirmed. Correspondence: (1) Re- port from Hyde Park Branch accepted and Delegate Kepley seated. Moved that Rev. Age board be asked to advance money for ex- penses of delegates of left wing. Cd. Moved that C. C. G. request branches to raise sums equivalent to 10 cents per member to cover expenses of these delegates. Carried. Secretary was instructed to provide left wing delegates with copies of (1) the amendments to the manifesto and program passed by local Boston on March 30 and April 27; (2) the resolution passed on March 30 with regard to hand- ing over the Revolutionary Age to national body, and (3) the resolu- DEPORTATION CASES OF WILLIAM T. AND AMY COLYBE. 29 tion passed April 27 with regard to a left-wing magazine. Ballot committee reported' Comrades Fraina, Jurgis, and Matirin to have been elected to left-wing convention by the following votes: 1,029, 597, 590. W. T. Colyer resigned as financial secretary and chairman of press committee. Comrade Pallo elected financial secretary to fill the vacancy, and I Carmen elected to press committee. Comrade Bixby was given the floor to speak concerning the plant strike, now of four weeks' duration, and advocated the election of a committee for the raising of funds. Moved to elect committee of three. Bixby, Hansen, and Carmen elected. Adjournment. Submitted by Amy Colyer, assistant secretary, pro tern." Is that your signature? — A. (Examines communication). Yes. Q. C. C C. executive committee, June 17, 1919 : " Chairman Frank Mack." I shall read as follows : " Left-wing delegates to national convention to be asked to report at the general membership meeting on June 29 at Dahlgren Hall, 3-9 E Street, South Boston. A collection to be taken at that meeting for local funds. Motion carried that whereas under the altered conditions of the call to the left-wing con- vention (altered after the sending out of ballots) Local Boston is en- titled to four delegates at that convention, be it resolved that Comrade Jansen, who polled the next highest vote in the election, be given cre- dentials to the convention." Another paragraph: " Statement from national office was received, and secretary reported that Editor Frania had seen and made use of it. Communication from Wagenknecht,. State secretary of S. P. Ohio, referred to membership meeting. One left-wing ballot received after the count." Is that joxiv signature? — A. (Examines signature.) Yes. Q. From C. C. C. meeting of June 24, 1919. "Correspondence: (1) From Lettish No. 1, promising contribution of 10 cents per mem- ber toward expenses of left-wing delegates accepted. (2) From Let- tish No. 1, embodying a resolution with regard to money raised by the branch during its red week. Executive committee instructed to find out particulars as to amount of red week money paid. Record- ing secretary's report accepted. Comrade Plepis was empowered to appoint a committee responsible for admitting members to general membership meeting June 29, only those to be admitted who present red cards or can be vouched for by branch officers. Plant strike com- mittee given power to cooperate. Lawrence strike committee re- ported $139.57 in bank. M!oved money be turned over to C. C. C. to be used for defense of Comrade Fraina. Carried with amend- ment that all further money received be turned in to C. C. C. An amendment that money be held by C. C. C. to be used only for strike purposes was lost. Committee was instructed to call in all outstand- ing lists. Auditing committee reported auditing work of W. T. Colyer and part of the accounts of Revolutionary Age Board. Moved that C. C. C. buy 200 copies of the Worker every week, to be mailed to addresses supplied by the mass meeting committee. Cd. Sub- mitted by Amy Colyer, assistant secretary pro tempore." Is that your signature ? — A. Yes ; and it is correct. Q. Minutes of general members in meeting of June 29, 1919 r " Chairman, W. J. Sidis. Minutes of membership meeting, April 30, 1919 were read and confirmed. Communication from Comrade Wagenknecht, State secretary of Ohio, calling for seconds for a 30 DEPORTATIOJSr CASES OF WILLIAM T. AND AMY COLYEK. national referendum to annul certain acts of the national executivt committee. Moved that Local Boston second the resolutions, notify Local Cleveland, the initiators, and ask them to initiate a similar referendum with regard to Massachusetts, now expelled from the party. Carried. Moved that a comimittee be elected to reply to the action of the N. E. C. in a statement for publication in the Socialist Press. Carried. Comrades Henderson, Golosov, Goldberg, and W. T. Colyer elected. Moved to give Comrades Jurgis and Maurin, delegates to the left wing national convention, 20 minutes each to report, other speakers 5 minutes. Time of the delegates was later extended. Moved to advise the State executive committee to call an emergency convention. Carried. Submitted by Amy Colyer, assistant secretary pro tempore." Is that your -signature ? — A. [Ex- amines signature.] Yes. Q. Does that not show, coming back to one of the questions in the previous part of the hearing, that at this particular time the socialists of Massachusetts were out of the party? — A. Those min- utes say that the party that then was to be expelled. Q. This is a record written on the Central Branch Boston Social- ist Club, 885 Washington Street, Boston, Mass. " Eeport to C. C. for October, 1919. Central Branch has received its charter in the Communist Party of America. Four new members were received, under the old conditions, two transferred from the old ward 23 Branch and one application from Rev. E. F. Cady, of Caston, Mass., was rejected. A resolution of sympathy with the striking police- men was passed and sent to the policemen's union, which duly ac- knowledged the same. A resolution asking executive committee of C. P. to take steps immediately for bringing about unity with C. L. P. was passed, forwarder to the national office, and also to all branches in the Greater Boston district. The branch has ordered a regular bundle of 100 copies of the Worker. It has held four educational meetings, at which De Leon's pamphlet, " Reform or Revolution," and also the communist manifesto have been dis- cussed. The propaganda committee, with the organizer, have ar- ranged a series of six propaganda meetings on Sunday evenings, beginning next Sunday, November 2, when Comrade Sproyle will be the speaker. " Communism and Americanism" the subject. There will be music, questions, and discussion. Amy Colyer (Sec). Is that your signature, and is the communication correct? — A. (Ex- amines communication.) Yes. Q. Here is a communicatioUj undated, and reads as follows : " Dear Comrade Sproyle : I am told that you have not been asked ' officially ' to speak at the revolution celebration meeting at the Grant Opera House on November 16, Sunday afternoon. Have you been asked unofficially? Anyway, this is to make of you the formal request, to which we greatly hope you may be able to reply favorably. Fra- ternally, yours. Amy Colyer (Sec. Local)." Referring, Mrs. Colyer, to the communication just preceding this, to that part which says " Four new members werfe received under the old conditions," just what is meant by that ? — A. I decline to answer. Q. Now, again, calling your attention to this report of October, 1919, referring to the particular part, " The branch has ordered a DEPOETATION CASES OF WILLIAM T. AND AMY COLYBE. 31 regular bundles of 100 copies of The Worker " ; is not The Worker the Communist paper? — A. I decline to say. Q. Is it not the succession of the paper known as the New England Leader? — A. I decline to answer. Q. Where is The Worker printed ? — A. I decline to answer. Q. Have you written articles for it? — A. No; I have not. Q. Have you written articles for the paper that preceded it or the paper that The Worker succeeded? — A. No. Q. Have you written any articles for any paper ? — A. No. Q- I have here a communication headed " Central Branch, Boston Communist Club ('Socialist ' is crossed out), 885 Washington Street, Boston. October 8, 1919. Dear Comrade Cosgrove: The Central Branch will take 100 copies of the New England Worker fortnightly. Kindly address bundle to me at headquarters. Will leave money for you to-morrow (Thursday) at 885. Fraternally yours, Amy Colyer, secretary." [Alien examines communication.] — A. That is my signa- ture. Q. Who is Comrade Cosgrove ? — A. I decline to answer. Q. Is he connected with the headquarters at 885 Washington Street? — A. I decline to answer. Q. Have you any friends or acquaintances at 1219 Blue Island Avenue, Chicago, 111. ?— A. No ; I don't think so. Q. Have you ever written to that address? — A. I decline to an- swer. Q. Have you ever received any communications from there? — A. I don't remember what the address is. Q. I hand this to you, do you recognize it. [Inspector hands to alien a roller such as newspapers or magazines are sent in by mail.] A. Yes ; I recognize it. Q. What is it? — A. It is a. communication from 1219 Blue Island Avenue. Q. What was inclosed in it ? — A. I am not quite sure. Q. What do you think was inclosed in it ? — A. That is the charter, isn't it? Q. I have here a charter of the Communist Party of America, Cen- tral Branch, Boston, State of Massachusetts. Is that what came in it?— A. Yes. Q. This is the charter of your branch, is it ? — A. Yes. Q. How many members has your branch ? — A. I decline to answer. ;Q. You as secretary and as secretary pro tempore are in a position to know, are you not? — A. Yes. Q. Would you say there are 100 ? — -A. I decline to answer. Q. What are the dues of your branch ? — A. Forty cents per month ; everybody in the Communist Party. Q." Are there any special assessments ? — A. There have not been so far; We have not been in existence long enough to have special as- sessments. Q. Does the constitution give authority for special assessments? — A. Yes ; I think so. < Q. (The following communication is submitted, and part of it is in the handwriting of Mrs. Colyer. Such is admitted and accepted by her:) "Free translated from Russian by I. B. for the Central Executive Co. Com. P., Boston. To all the branches of the Russian 32 DEPORTATION CASES OF WILLIAM T. AND AMY COLYEK, Communist Federation. Dear Comrades: After deliberating the question about our federation taking part in the technical conference called by the local soviet bureau, the central executive committee, after thoroughly familiarizing itself with this question from all sides, came to the following decision : Our federation, which is a political organization, whose duty is to develop the class conscious- ness of the workers by spreading the principle of communism, we can, not waste our energy by taking part in such like conferences, which, under the existing American conditions, can not but fail to turn into an empty talk feast. The only real motive for calling such a con- ference can be the necessity of taking count and classing all the avail- able technical talent who are ready in the opportune moment to give support to soviet Eussia; but taking into consideration the present political situation in this country, it can be said with confidence that neither at the present moment nor in the near future is there any chance to send over all the registered technics to Russia, and there- fore the only task about this question at the present moment is the making of a list of specialists in the different branches of industry. But for the sake of taking this list only, there is no need of calling a special conference. This can be successfully accomplished through the existing Russian Bolshevist federation understanding the prob- lems of the coming conference only so and not otherwise. The cen- tral executive committee, standing guard over the principles of our federation, thinks that our branches have nothing to do at this conference. There is no question but that the call of Comrade Mar- tens will be answered by the most diversified political elements of the United States. There will be our political enemies — anarchists — who in the interest of drawing the credulous masses will not be embar- rassed by unnecessarily repeating their oath of their so-caUed alle- giance to soviet Russia and its Government. There will be also the so-called independent organizations who but yesterday gave their allegiance to the Kerensky government and to-day are keeping up the hand kissing of the priest. There will also be individual special- ist mechanics who in the hunt for pork will not refuse to take part in any convention whatever. But the branches of our federation who always, everywhere, are conducting an active campaign with the intention of tearing away the working masses from these hurtful political elements, can not participate in this convention, which for the above-named reasons will not bring the desired results. We are convinced that the problems of this convention can be solved without this unnecessary loss of proletarian energy. With comradely greet- ing. Central Executive Conmiittee of the Russian Federation; sec- retary, O. Tywerowsky. (Original kept by Russian 1. — A. C.) Are those your initials, Mrs. Colyer? — A. (Examines initials.) Yes. Q. Another communication which is marked with Mrs. Colyer's initials, A. C, and it says original kept by Russian No. 2, is as follows : " Free translation from Russian by I. B. for Cent. Ex. Co. Communist Party, Boston. To all branches of the Russian Federa- tion. Dear Comrades : We are receiving some inquiries in connection with the call that appeared in the newspapers from the local representative of the soviet republic; Comrkde L. Martens, where he calls together a technical conference for the 4th of July, 1919. The central executive committee (of the Russian Federation) taking DEPORTATION CASES OF WILLIAM T. AND AMY COLYBR. 33 into oohsideration the whole importance of this question, - recom- mends the branches not to decide on any action pertaining to this question until they receive special reasons from the central executive committee, which will be sent out in the near future. With bolshevik greetings, the central executive committee of the Russian federation. Secretary, O. Tywerowsky." Now, again calling your attention to the charges in the warrant, have you anything to say relative to them other than what has been brought out in this testimony? — A. I am not quite sure what is on the records, but I would like to say in con- nection with the exhibits that have been put on record that I ac- cepted them as you read them out to me, my understanding being that nothing that you read advocates the overthrow of the Govern- ment by violence, and I would like to definitely state again with regard to the warrant that [reads warrant again] I am not a mem- ber of or affiliated with an organization that entertains the belief in the overthrow by force or violence of the Government of the United States; that I am not a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States ; that I am not a member of or affiliated with an organization that advocates the ove'rthrow by force or violence of all forms of law ; that I am not a member of or affiliated with an organization that teaches the overthrow by force or violence of the Government of the United States;. that I am not a member of or affiliated with an organization that teaches opposition to all organized governments ; that I am not a member of or affiliated with an organization that entertains opposition to all organized govern- ment. I would like to say that I do not know of any organization in the United States that advocates the overthrow of the Government by violence. You say that I am to prove that to you. I don't know how to. That is my affirmed conviction — I am quite sure I am right. Q. If it is determined that the Communist Party, a party which you have acknowledged membership in, activity in, comes within the purview of the act of October 16, 1919, do you realize that mem- bership in that organization may mean deportation in conformity with law ? — ^A. Yes, of course ; because I have to. Q. Have you anjrthing further to say why you should not be de- ported in conformity with law ? — A. I think the Secretary of Labor in making such a ruling simply misinterpreted our movement. Q. In the event that it is decided that you be deported in con- formity with law, where do you wish to go? — A. I take exceptions to " in accordance with law," but I would like, if deported, to go to Soviet Russia. But I should like, of course, to ^o where nw hus- band goes. I say that under the belief that he will agree. He has not had his hearing yet. Q. In other words, you wish to confer with your husband relative to the selection of the place you shall be sent to ? — A. If I am al- lowed to, I shall like to. Q. The immigration law is that you shall be returned to the. country from whence you came, is there any reason why you should not be returned to England, and then you can use your own dis- cretion about going to any other part oi the world that you desire other than the United States? — A. I wish to go to Soviet Russia, because that is the government under which I would prefer to live 184284—20 3 34 DEPORTATION CASES OF WILLIAM T. AND AMY UUJ-.lJi±t. and to work. I am uncertain as to the possibility of going there if once I get to England. Q. ^Vhy, if you once get to England? — A. I don't imagine that they would give me a passport. Q. That your own country wouldn't give you a passport to go to Russia? — A. I know they wouldn't let Henry MacDonald and Morrell go as international delegates to Soviet Russia. Q. Do you recognize that England is the country that you are a subject of? — A. Yes. (Description of alien: Five feet 3 inches, height; dark hair, dark brown eyes, and weighs 104 pounds.) SUMMARY AND FINDINGS. Amy (Withal) Colyer, 38 years old; can read and write; married; husband William Thomas Colyer, United States address : No. 1 Sun- set Road, Wellesley, Mass. ; born in London, England ; citizen or sub- ject of England; arrived in the United States July 27, 1915, per steamship C'arpathia, Cunard Line, port of New York; does not wish to become a citizen of the United States. I find that the said Amy (Withal) Colyer is an alien, citizen, or subject of "England; that she was taken into custody upon informa- tion and affidavits furnished by agents of the Department of Justice ; that she was a member of the Independent Labor Party or Socialists in England and became a member of the Socialist Party almost im- mediately upon arrival in the United States, this party becoming the " left wing " and which was absorbed by the Communist Party early in 1919; that she admits membership and continuous activity in the Communist Party up to the time she was taken into custody ; that she is familiar with the teachings and manifesto of said Com- munist Party and unhesitatingly supports them. I further find that this alien comes within the purview of the act of October 16, 1918; that she is a member of, or affiliated with an organization that ad- vocates the overthrow by force and violence, of all forms of law; that she is a member of or affiliated with an organization that teaches opposition to all organized Governments; that she is a member of or affiliated with an organization that entertains opposition to all organized Governments ; therefore after considering all the evidence in the case, I recommend that she be deported in conformity with law. Note. — ^Alien's husband is now in custody, under the same condi- tions as his wife. Amy (Withal) Colyer. Mrs. Colyer stated that her friends, if she is to be returned to England, will attend to her per- sonal effects and she desires to accompany her husband in the event of deportation. Martin J. Leonard, Immigrant Inspector. memorandum to the commissioner general of immigration. Amy (Withal) Colyer, 38 years old; can read and write; married; husband, William Colyer ; United States address. No. 1 Sunset Road, Wellesley, Mass.; born in London, England; citizen and subject of England ; arrived in the United States July 27, 1915, per steamship Garpathm, Cunard Line, port of New York ; does, not wish to become a citizen of the United States. ^ .. .^UCAM T. AND AMY COLYEB. 35 The said Amy (Withal) Colyer is an alien, citizen or subject of ^England; was taken into custody on information and evidence fur- nished by the agents of the Department of Justice. During her residence in her native country she was a member of the Independent Labor Party, or socialists, and became a member of the Socialist Party almost immediately upon arrival in the United States. This party was absorbed by the Communist Party during the early part of 1919, and she admits membership and continuous activity in the Communist Party (pp. 7 and 10) up to the time that she was taken into custody. She is a very well educated woman, and during the testimony it is very evident that she takes particular pride in stating that she is familiar with the teachings and manifesto of the Com- munist Party. She has been active in the work of the Communist Party, serving on committees, secretary of meetings, and clerical "work at headquarters of the Communist Party, 885 Washington Street, Boston, Mass., typewriting articles for communist periodicals for her husband, William Thomas Colyer, and lecturing (p. 5). She is opposed to and has no desire to support the Government of the United States. She states, on page 7, that she is not in favor of her husband becoming a citizen of the United States. Asked why, her reply is, " I should not wish to swear allegiance to this Govern- ment." Q. Why? — A. I entirely disapprove of it. Q. In what way do you disa^pprove of it? — A. As a communist I am opposed to all capitalist governments. On page 9 : Q. You have already said that you were a communist; what do you mean by that? — A. I mean a revolutionary socialist. As far as I understand, a socialist and a ■communist is the same, but the word "socialism" has become vague in its meaning and the communists agree among themselves more now than the socialists do. Page 7 : Q. Are you a radical? — A. Certainly. Q. What do you mean by radical ? — A. One who desires the present system of society radically altered. A number of exhibits have been read into the record, and in so far as they relate to her, she admits the records are correct, and accepts iihe responsibility. The hearing of this case has been gone into very minutely, for the purpose of determining the scope of the- workings of the Communist Party in Boston and its vicinity. While this alien denies that any of the charges of the warrant are sustained, yet the examining In- .spector finds' that said alien comes within the purview of the act of October 16, 1918, and recommends deportation. Martin J. Leonard, Immigrant Inspector. warrant arrest of alien. United States of America, United States Department of Labor, Washington. No. 54810/209. ^ . ^^ To H. J. Skeffington, commissioner of immigration, Boston, Mass., or to any immigrant inspector in the service of the United States. Whereas from evidence submitted to me it appears that the alien, IV. T. Colyer, who landed at an unknown port on or about the 1st 36 DBPOKTATION CASES OF WILUAM T. AND AMY COLYEB. day of January, 1919, has been found in the United States in viola- tion of the immigration act of February 5, 1917, for the following among other reasons : That he is a member of or affiliated with an organization that entertains a belief in the overthrow by force or violence of the Government of the United States ; that he is a mem- ber of or affiliated with an organization that advocates the overthrow by force or violence of all forms of law ; that he is a member of or affiliated with an organization that advocates the overthrow by force or violence of the Government of the United States; that he is a member of or affiliated with an organization that teaches the over- throw by force or violence of the Government of the United States ; that he is a member of or affiliated with an organization that teaches opposition to all organized government; that he is a member or affiliated with an organization that entertains opposition to all or- ganized government. I, John W. Abercfombie, Acting Secretary of Labor, by virtue of the power and authority vested in me by the laws of the United States, do hereby command you to take into custody the said alien and grant him a hearing to enable him to show cause why he should not be deported in conformity with law. The expenses of detention hereunder, if necessary, are authorized, payable from the appropriation " Expenses of regulating immigra- tion, 1920." Pending further proceedings the alien may be released from custody upon furnishing satisfactory bond in the sum of $10,000. For so doing, this shall be your sufficient warrant. Witness my hand and seal this 30th day of December, 1920. John W. Abeeceombie, Secretary of Labor. MEMOEANDUM TO THE COMMISSIONER GENEEAL OF IMMIGRATION. William Thomas Colyer, 36 years old, can read and write, married, wife Amy Colyer, United States address No. 1, Sunset Eoad, Welles- ley, Mass. ; born in London, England ; citizen or subject of England ; arrived in the United States July 27, 1915, per Steamship Car- pathia, Cunard Line, port of New York. Obtain first citizenship papers January, 1916, at Boston, Mass., but now declares it is not his intention to complete them or become a citizen of the United States. The said William Thomas Colyer is an alien subject or citizen of England, was taken into custody on information and evidence furnished by agents of the Department of Justice. During his: residence in his native country he was a member of the Independent Labor Party or Socialists and became a member of the Socialist Party almost immediately upon arrival in the United States. This party was absorbed by the Communist Party during the early part of 1919 (p. 5 ) , and he admits membership and continuous activity in the Communist Party up to the time that he was taken into custody. He is a very well educated man, and during his testimony it is very evident that he takes particular pride in stating that he is familiar with the <^eachings and manifesto of the Communist Party, and he unhesitatingly supports them. He has been active in the Communist DBPOETATIOET CASES OF WILLIAM T. AND AMY COLTER. 37 Party, serving on committees, chairman of meetings, clerical work at the Communist headquarters, 885 Washington Street, Boston, Mass., contributing articles for Communist periodicals, and lecturing (p. 14) . He is opposed to, and has no desire to support the Government of the United States, he is in favor of but one form of government and that is " Soviet Russia." Quote his testimony as it appears on page 7 in reply to question, "Were you ever cdlled a radical?" Answer, "I guess so." Question. "Is it true?" Answer. "In my interpretation of the work it is practically true. My interpretation of the word ' radical ' is a person — either man or woman — who Vants to get at the root of evils, rather than tinkering with the symptoms." Again his testimony is quoted, page 15, as follows : " Well, Com- munists are just like every other set of people, I think. They would not rule out the possibility of other methods in hypothetical cases, because every sane political judgment, I think, recognizes that in the past, other methods have been sometimes necessary. No Communist that I know of professes to be a prophet and what might happen in the future would be determined, not by the wishes of the Communist, but by conditions." memorandum: to the commissioner general of immigration. A number of exhibits have been read into the record, and in so far as they relate to him, he admits the records are correct and accepts the responsibility. The hearing of this case has been gone into very minutely, for the purpose of determining the scope of the workings of the Com- munist Farty in Boston and its vicinity. While this alien denies that any of the charges in the warrant are sustained, yet the ex- amining inspector finds that said alien comes within the purview of the act of October 16, 1918, and recommends deportation. Martin J. Leonard, Immigrant Inspector. united states department of labor, immigration service. Report of hearing in the case of W. T. Colyer. Under department warrant No. 54810/209, dated December 30, 1919. Hearing conducted by Inspector M. J. Leonard at Deer Island, Boston lK,rbor ; date, February 8, 1920. Alien taken into custody at Deer Island, Bostoh Harbor, Mass., January 3, 1920, by Inspector Chester Macomber. Minutes taken and transcribed by Marion E. Hill. Said W. T. Colyer, able to speak and understand the English lan- guage satisfactorily. Said W. T. Colyer was. informed that the purpose of said hearing was to afford him an opportunity to show cause why he should not be deported to the country whence he came, said warrant of arrest being read and each and every allegation therein contained carefully explained to him. Said alien was offered an opportunity to inspect 38 DEPOKTATION CASES OF WIIilAM T. AND AMY COLYBR. the warrant of arrest and the evidence upon which it was issued,, which privilege was accepted. The alien affirming, the following evi- dence was presented : Inspector Leonard. You have the right to be represented at this, hearing by counsel; do you wish to avail yourself of that right? — A. Yes ; I have selected the firm of Morris Ketsoff to represent me. Mr. Silver being present on behalf of Mr. Ketsoff, hearing pro- ceeded : Inspector Leonard to alien: Q. What is your full name? — A. William Thomas Colyer. Q. How old are you? — A. Thirty-six. Q. Are you married or single? — A. I am married. Q. Where were you married? — A. In London. Q. On what date?— A. July 12, 1915. Q. What is your wife's name? — A. Amy. Q. Where is she at present ?^ — A. In the hospital, I believe. Q. What is your address in the United States? — A. 1 Sunset Road, Wellesley, Mass. Q. Do you keep house there? — A. We have rooms. Q. With whom are you rooming? — A. F. H. Winchenbach. He- is the owner of the house. \ Q. Where were you born? — A. In London, England; that is, it i:^ called Greater London, although it is in the parish of Winsted. The British authorities treat it as London, however. Q. What is the business of Mr. Winchenbach ? — A. I don't know ; we have only had relations as to renting rooms. Q. What is your father's name? — A. Henry Theophilus. Q. Is he alive? — A. Yes. Q. Is he in the United States ? — A. No. Q. What is your mother's name ? — A. Caroline. Q. Is she living? — A. As far as I know. Q. Living with her husband? — A. Yes. Q. What is the address of your father and mother? — A. 33; Cornwall Avenue, Church End, Finchley, London, N3, England. Q. Was your mother ever in the United States? — A. Not that I know of. Q. When did you come to the United States? — A. In ;)^uly, 1915. Q. Will you give me the name of the ship, please, and the exact date that you sailed? — A. It was on the Carpathia. She sailed, I think it was Saturday, July 17, and we arrived on July 27. Q. At what port? — A. At New York. Q. Which class did you come ? — A. Second. They were not carry- ing any steerage that trip. Q. Who accompanied you? — A. My wife. Q. To whom were you destined in the United States ? — A. We had passports and we went to a boarding house to which we were recom- mended by a friend. We had no definite plans. Q. Where was the boarding house located? — -A. On West Twenty- third Street, I can not tell you for certain the number. The friend, if my recollection serves correctly, was an American, and I think the number of the house has since been changed, but we had the name of the place given us and we looked it up and stayed there, I should say, about a week. DEPORTATION CASES OF WILLJAM T, AND AMY COLYBK. 39 Q. Have you taken steps to become a citizen of the United States ? — A. I did in January of 1916, but it is not now my intention to pro- ceed. Q. What did you do ? — A. I took out first papers. Q. Where?— A. In Boston. Q. Why have you changed your mind? — A. Because of the treat- ment I have received and because I have discovered that the Consti- tution of the United States and the Declaration of Independence and , the historic "speeches of Lincoln are interpreted entirely different by the authorities from any way which I could possibly imagine by reading these documents. Q. I have here the warrant for your arrest, which, no doubt, has been shown to you before, but I will hand it to you again for your inspection and ask you if you have read it. — A. Yes ; I have seen it before and have read it carefully. Q. Do you understand it ? — A. Yes ; I understand it. Q. What is your occupation in England? — A. Until I left, I was on the local government board, the English local government board. Q. What are the functions of that board? — A. They supervise local administration : they give authorization to municipalities to raise loans, and supervise the auditing of such accounts. It also at the time attained the supervision of all public health measures in which the imperial and municipal authorities cooperated in the matter of ex- pense of administration and it also had a number of semi judicial functions. t Q. Where was this board located? — A. In London, on Parliament Street, near the House of Parliament. Q. Were you employed there up to the time you were booked for the United States? — A. I could not say whether I booked before I resigned or whether I resigned after I booked. Q. Do I understand that you sent in a resignation ? — A. Yes. Q. Were you asked to resign? — A. No. Q. Were there charges against you ? — A. No. I wasn't advised to resign. I resigned because I didn't wish to be in the service of the department which I considered was being used for political pur- poses. . Q. Were you arrested in England? — A. Never. Q. Why did you come to the United States? — A. Because there was no opportunity at that time for an Englishman entertaining the views that I did to obtain an economic footing. I therefore applied for a passport and received it. As I have explained, I interpreted the Constitution and other historic documents connected with the United States in a way that apparently is not recognized in this coun- try. It was my intention to become a citizen of the United States. Q. Were you in conflict with any English authorities before com- ing to the United States ? — A. What do you mean by " conflict " ? I didn't agree with many of the policies of the Government, but, of course, in the civil service- in England one has no opportunity to express his opinion. Q. Did you belong to any organization in England? — A. I be- longed to the Independent Labor Party. It is the Socialist Party. Q. Is it international ? — A. It is a British party. 40 DEPORTATION CASES OF WILLIAM T. AND AMY COLyEK. Q. Do thej^ have any connection with socialists in other parts of the world? — ^A. All socialists are more or less connected, I under- stand. Q. When you left London, or when you left England, did you have the address of any socialist in the United States? — A. As it hap- pened, I did not. Q. Was Mrs. Colyer employed at anything while in England? — A. No ; we married a few days before we came away. Q. Do you own any property in England? — A. No. Q. Does Mrs. Colyer ? — A. She has some shares, but nothing of any amount. It would not maintain her at all. Q. Where were you taken into custody ? — A. At Wellesley. Q. At home?— A. Yes. Q. Do you know why you were arrested? — A. Well, the warrant was read to me. Q. Is that sufficient reason? — A. I don't think so; but apparently^ there are two opinions on that. That is to say, when I make that' reply, I mean to say that I don't reco.^ize these descriptions as properly applicable to the organization I belong to. Q. Do you know why the warrant was issued against you? — A. I can only guess. Q. What is your guess? — A. My guess is that I was a member of the Communist Party of America. Q. When did you join the Communist Party? — A. I was passed -over to it when the Socialist Party in Massachusetts became part of the Communist Party. Q. When was that ? — A. I couldn't give you the date. Q. About when ? — A. It was in the summer of last year. Q. You can not recall the date? — A. I have no recollection of the date. Q. How long did you stay in New York ? — A. A week, I think. Q. Then where did you go? — A. To Boston, and as there were no boats running direct, we had planned on a stop-over, but found that we must come up by the way of the Fall River Line. Q. Where did you go in Boston? — A. To 70 Pinckney Street. Q. Did you have friends living there? — A. No; but we made in- quiries at 25 Beacon Street, as we had been previously interested in the Unitarian movement in England, and we naturally went to Beacon Street to try to locate, and they have a list which they use for these things, and we went to one or two of the people on that list. We happened to locate with these ladies at 70 Pinckney Street. To the best of mj belief they were Irish Catholics. , Q. At the beginning of this hearing, you stated that you desired to affirm to tell the truth. Is there any reason for that; do you believe in a Supreme Being? — A. I did at one time. I am an agnostic about it now. It is just as binding as though I said, " So help me God," but I don't know that there is a God, "and haven't any means of finding out. Q. How long is it since you have come to this conclusion? — A. I was always a vague theist when I was a theist. Q. After you arrived in Boston did you join any organization or party? — A. I joined the Socialist Party. Q. Where? — A. In Park Square. DEPOETATIOK- CASES OF WILLIAM T. AND AMY COLYBR. 41 Q. What number?— A. 14. Q. When did you join them? — A. In May, 1916, 1 think it was, as 1 recollect. The officer took my card, I believe, when I was arrested. Q. How long after you joined the Socialist Party in Boston was it before it became a part of the Communist Party, or in whole, the Communist Party ? — A. Well, that yould be rather more than three years, if I am right, it being tlie summer of last year, and I am practically sure it would be the summer of last year. Q. Then three years elapsed between the time you joined the Socialist Party and the time that you were taken over by the Com- munist Party. That would make it the summer of 1919? — A. Yes. Q. Do you know about what month? — A. I think it was June or July. Q. Do you know what took place that did away with the Socialist Party before formulating the Communist Party in the summer of 1919? — A. There was a majority vote of the members, after the Socialist Party o(f Massachusetts was expelled from the National Socialist Party. Q. What caused this to happen? — A. It beats me to know; we never had a proper investigation. Q. Do you know the teachings of the Communist Party ?— A. Yes. Q. Have you read them? — A. Yes. Q. And you subscribe to them? — A. Yes. However, I don't re.- gard the presentment of any verbally inspired document, but I render complete assent to the principles of the Communist Party as I understand them. ' Q. You having read the principles and appearing to understand them, can you name any part of the program of the party or the manifesto that you don't uphold or adhere to ? — A. No ; I was simply protecting myself from being trapped into a particular interpreta- tion of some special phraseology. I mean if I was on the platform committee as an individual I might suggest variations in certain wordings, but when it was passed by the majority it is beyond me. Q. Since you have been taken into custody, have you heard any- thing relative to the stand of the Government or the interpretation of the Government as to the Communist Party? — A. I have seen it stated in the press that it is considered to be sufficient ground for deportation to belong to this party. I don't know whether this is true or not for certainty; some very strange things appear in the papers. Q. Do you realize that your admission that you are a member of the Communist Party, brings you within the purview of the act of October 6, 1918, from which act the allegations in this warrant are taken. — A. I know that allegation is made. Q. Do you realize that you are within the purview of the act of October 6, 1918? — A. I don't recognize the descriptions in the war- rant as applying to the party involved, that is the particular or- ganization which you mention. Q. You are familiar with, you say, and you have read the mani- festo of the Communist Party ? — A. Yes. Q. And you subscribe to what you have read? — A. I do to all its general principles and doctrines, I am not prepared to repudiate a . word of it. 42 DEPORTATION GASES OF WILLIAM T. AND AMY COLYER. Q. After you arrived in Boston, what kind of work did you take up ? — A. I endeavored to get a living by writing and lecturing. Q. On what particular subjects did you write or lecture? — A. I lectured and wrote on international relations and on questions rela- tive to socialistic welfare, generally. Q. Were you ever called a radical ? — A. I guess so. Q. It is true? — A. In my interpretation of the word, it is prac- tically true. My interpretation of the word " radical " is a person^ either a man or a woman who wants to get at the root of evils, rather than tinkering with the symJDtoms. Q. At the time you became a member of the Socialist Party in Boston, had you then intended to complete your citizenship? — ^A. Surely ; I intended to do so until quite recently. Q. Until when? — A. Well, within a short period. Q. Within the last five weeks? — A. Well, perhaps a little longer than that. Q. You no doubt understand the form of Government we have in the United States? — A. Well, I understand the description of it but it is anything but like the historic documents picture it. Q. Is there any particular part of it that you are not in favor of? — A. As I have already explained, on the strength of the docu- ments which I have read, I have a great deal of sympathy with it. That is why I intended to take out citizenship, but I am unable to- follow the interpretations placed upon it by those who have the administration of it. Q. How many times did you lecture against the form of govern- ment which England has? — A. Never. Q. Are you in favor of it ? — A. No ; I am not. Q. What would you do to change it ? — A. I would endeavor to edu- cate and propagandize the people to bring them to a condition where they would wish to change. Q. Did you attempt that ? — A. No ; my position precluded any such thing. British civil servants are under obligation to take no part in politics. Q. In the United States we have a different form, but you are op- posed to that, are you? — A. I regard the United States as having what you might call a duplicate form of government — one on paper and one in practice. Q,. Is there any government which you are in favor of ? — A. I think there is one government, and that is soviet Russia. Q. Why do you think so ? — A. Because it is based on the duty of all to work and upon the limitation of the right to vote to those who render service to the community. Q. But is it being carried out or is it theoretical? — A. My belief is that it is being carried out. Q. But you don't actually know about it, do you? — A. I know as much about it as anyone could know who resides at a distance. Q. What have you read about it ? — A. I have read some of Lenin's pamphlets. I have read many newspaper extracts, over which I have endeavored to exercise intelligent criticism. I have read some things . by John Keed. I have read some of Louis Bryant's books and Bessie Beach's book on " The Eed Heart of Russia." DEPOKTATION CASES OF WILLIAM T. AND AMY COLYBR. 43 Q. What is the paper or pamphlet that is owned and controlled by the Communist Party that spreads their propaganda? — A. I decline to answer that. Q. Have you ever written articles for it ? — A. I have written arti- cles for communist propaganda. Q. Did you write for a paper that represents the Communist Party in the United States? — A. Well, what paper? I decline to answer that question. Q. I believe I touched on what you started to do for a living and after arriving in Boston you said you wrote articles and attempted to lecture. Did you do anything else besides that ? — A. At that time, I didn't. That period lasted for nearly a year. Q. Have you had any regular employment since you came to the United States? — A. Yes; i succeeded in getting an opportunity-^ that is, a job. This job included a good deal of editorial work and a certain amount of speaking at times and general office executive work with which I was familiar. Q. How long have you been on the editorial staff of the Com- munist? — A. I decline to answer that question. Q. Have you received any remuneration for your services on the Communist editorial staff ? — A. I decline to answer that. Q. How long have you been a writer or belonged to the editorial staff or been otherwise connected with The Worker? — A. I have_ no official connection with The Worker, although I have written' articles for The Worker. Q. Would you care to tell us the subject of the articles? — A. I wrote one on " Communism and womanhood." Q. About when did that appear? — A. I guess it would be in De- cember. I wrote one not long distant from that on " The anni- versary of the Bolshevik revolution in Russia." I also wrote an article on the situation and the outlook in England. Q. Those are subsequent to December, 1919 ? — A. I think so. Q. In other words, I interpret that the first articles you mention were written in December, 1919, and those others are subsequent x,o that ? — A. I would not be sure whether they are chronological or not. Q. How long have you been in the Communist school movement in Boston? — A. What do you mean? As a matter of fact, I never had time to be active in it at all. I have never taught in it. Q. Where is it located ? — A. I decline to answer. Q. When was it established ? — A. I decline to answer. Q. Were you a teacher in it ? — A. I decline to answer. Q. Did you lecture there ? — A. I decline to answer. Q. What is the purpose of the school? — A. I don't recollect. 1 guess you will find notices in some of the publications of the Com- munist Party which have been under observation. I could not give you offhand a definition. Q. What is necessary for children to be admitted to the school ? — A. I don't know. Q. Did you ever hear ? — A. No ; not that I know of. Q. How long have you been employed at 885 Washington Street, Boston, the headquarters of the Communist Party? — A. You mean for money? Q Yes. — A. I haven't been employed there at all for money. 44 DEPORTATION CASES OE WILLIAM T. AND AMY COLYBB. Q. How long have you done work there without remuneration? — A. While I was a member of the Socialist Party, but the Socialist Partj^ moved its headquarters to that address, and it is my practice, when a member of an organization, to take a more or less active part in any offices that I have been elected to. I couldn't give you the dates, but I have been going along the same way ever since t joined the movement. Q. When the Socialist Party was taken over, or when it became a part of the Communist Party, was the transfer made on vote? — A. As I recollect, by a majority vote. Q. And that majority vote Avas to align themselves with the Com- munist Party? — A. Well, as I recollect at that moment the Com- munist Party of American was not in existence. It was decided to form a new party in Massachusetts. Q. When did the Communist Party come into existence? — A. I could not, I am sure, attempt to give you the exact date, but it was in the fall of last year. Q. About September 1, 1919? — A. I think it was early in Sep- tember. Q. Where was the convention held? — A. I decline to answer. Q. You know that it was in Chicago ? — A. I decline to answer. Q. You know your Boston branch sent delegates to Chicago? — ^A. I decline to answer. Q. Has any program or manifesto, as a result of the Chicago con- ' vention, been jDromulgated ? — A. I decline to answer. Q,. Did you ever see one ? — A. I decline to answer. Q. Did you ever live at 101 Forest Hills Street, Jamaica Plain? — A. For a short time. Q. Was that previous to the time you went to Wellesley ? — A. Yes. Q. Then, I have here a membership card of the Socialist Party, in the name of W. T. Colyer, 101 Forest Hills Street, Jamaica Plain, admitted June 16, 1916. This is introduced as evidence in your case and marked " Exhibit No. 1." I pass this membership card to you, and I ask you if it is yours ? — A. Surely. Q, I have here another membership card in the name of W. T. Colyer, 1 Sunset Eoad, Wellesley, signed by Minnie Federman, sec- retary, address 885 Washington Street. I introduce this as evidence in your case and mark same " Exhibit No. 2." I pass this to you and ask you if it is yours ? — A. Yes ; it is mine. Q. I have here a membership card in the Communist Party of America in the name of W. T. Colyer, 1 Sunset Road, Wellesley, E. P. Hutchins, secretary, 885 Washington Street, and on the back of the card appears the following record : " Transfer record : Social- ist Party — Date admitted, June 15, 1916; date withdrawn, August 28, 1919; local, Boston, Mass.; branch, Central; secretary, E. P. Hutchins. Communist Party — Date admitted, August 28, 1919; local, Boston, Mass. ; branch, Central." I will pass this to you and ask if it is not yours, and if this book doesn't clear up the matter and show the exact date that you became a member of the Communist Party. — A. Yes ; that is mine, and it fixes the date. Q. And that record of the secretary should be correct ? — A. I think that the card correctly represents the facts. Q. Referring to the school that I spoke about a few minutes ago, wasn't it known as " the Boston School of Social Science " ? — A. DEPOKTATIOIir CASES OE WILLIAM T. AND AMY GOLYBB. 45 What school is that ? My answer to that would be that the " Boston School of Social Science" is an entirely independent organization with nothing to do with the Socialist Party or the dommunist Party. Q. Then I infer from that that there is still in existence a school that relates wholly to the Communist Party ? — A. On that I could not say definitely, because I am not familiar enough with the organiza- tion of schools that existed unquestionably for the promulgation of communism, neither am I prepared to admit that such schools actu- ally existed as party organs. Q. When the transfer was made from the Socialist to the Com- munist Party, what sort of an application did you sign? Was it a blank application or individual? — A. In my mind, it seems that I signed an individual application. Q. The transfer, then, was made by a majority vote? — A. To the best of my recollection. Q. And you were among the majority at the time the vote was taken? — A. I was. Q. Some time ago, I don't just remember the date, there were reso- lutions formed and adopted at a meeting of aliens, and the last reso- lution reads as follows: "We demand that if we are not permitted to remain in this country, we -be turned over to the jurisdiction of L. A. K. Marten, representative of the Socialist Federation Soviet Eepublic, for transportation to that country." Did you have any- thing to do with the forming of that resolution ? — ^A. My recollection is that I helped to put it into what I would call clear English. Q. Were you present at the meeting at which it was adopted ? — A. Yes. Q. Were you in favor of that resolution ?— A. Yes ; I am. Q. In the event that it is possible that you be deported in con- formity with the law, where do you wish to be sent ? — A. My under- standing was that the law provides for deportation to the country from whence the alien came. Q. Is that correct? — A. Yes; it is absolutely correct. Q. Your wife has stated that she is willing to be guided by your decisions and abide by your wishes absolutely? — A. Yes; I under- stand that she is willing to go that way, and my feeling is that, if I am not transferred to Soviet Russia, I don't care particularly to what port the immigration authorities send me. That, I take it, carries with it the expression of my wife's sentiments. That is, advantage will not be taken of this answer to treat her one way and me another. Q. No ; your wife has agreed that your decisions are satisfactory to her. Do you understand what is meant by the " left wing " of the Socialist Party? — A. I can not now. I have sort of an impression, and it is only an impression of an outsider, that it is still an or- ganization or a body that describes itself in that way, but exactly what it stands for, I do not know. Q. Don't you know that the name " left wing " was given to that particular part of the Socialist Party that became a unit of the Communist Party? — A. Yes; I heard that. Q. Isn't that a fact ? — A. Yes ; it is true that the Communist Party was mainly formed by the left wing of the Socialist party. Q. Then, if I said that I was a member in good standing of the left wing of the Socialist Party up to December 31, 1919, I would 46 ■ DEPQBTATION CASES OF WILLIAM T. AND AMY COLYEB. be a " comrade " or member of the Communist Party, would I not ? — A. Not ^s I understand it. For one thing, the left wing is not a dues-paying organization. It was a conference. Q. Were there not special sums provided for those who were mem- bers of the left wing and who desired to pay their dues up to De- cember 31 ? — A. I don't know about that. Q. I find a stamp in your book which bears the address of 101 For- est Hills Street, Jamaica Plain, marked " Exhibit No. 1 " " special party building, antimilitary assessment, 25 cents." What is meant by that ? — A. I can't remember the exact circumstances under which it was issued. It was clearly a stamp issued by the party and one was purchased by me for 26 cents as a member of the organization. Q. Do you know what you contributed the 25 cents for ? — A. I did Imow at the time, but I can not carry the recollection in my head of every 25 cents that I spend. Q. In reading that stamp, doesn't it bring to your mind what the assessment was levied for? — A. No. Possibly it was for the purpose of erecting a building somewhere, perhaps for a campaign to prevent the United States from becoming Prussianized. Q. Was the draft on in England when you left for the United States? — A. No; it wasn't. In fact, the Government did not intend to introduce any such measures at the time. Q. Do you know the history of the draft in the United States? — A. Yes ; I registered under it. Q. Were you opposed to it ? — A. What do you mean ? I took no legal measures. Q. Did you speak against it? — A. I took part in certain meetings prior to the legislation being introduced, expressing an opinion that such legislation wasn't for the best interests of the people, but I did nothing of a legal character. Q. Did you express these opinions after the act was passed? — A. No. As nobody did anything to me, I didn't. My recollection is that the utmost to which I went was the right that I maintained to educate to the repeal of laws which seemed to be against the public interests, but I haven't any recollection of speaking on the subject after the law was in the lower form. I realize that is one of the phases of the situation that is bound to have different interpretations. Q,. Where did you register? — A. In Wellesley. I think I can pre- sent my registration card. (Alien presents registration card in the name of William Thomas Colyer, Sunset Road, Wellesley, Mass.,- September 12, 1918, Local Board, Division No. 33, Needham, Mass.) Q. Do you loiow who headed the Left Wing Party in September or the latter part of August ? — I don't. Q. Did you ever hear ? — A. I never heard of that character believ- ing in leaders. Q. You know that you mentioned John Read of New York? — A. I mentioned him as being the publisher of a book. Q. Don't you know he was the leader of the left wing at Chicago last year ? — A. I don't recognize any leaders. That would be the at- titude of the overwhelming majority of persons in the left wing of the old Socialist Party as I understand it. They regard the organi- zation as paramount. DEPORTATION CASES OF WILUAM T. AND AMY COLYBE. 47 Q. But isn't it necessary to have some one person bring the ob- jects of the convention before the convention? It isn't left to every- body on the floor to do that, is it? — A. You could get an act under yfny by committee action and instruction of delegates. Q- Were you in Chicago at that convention ? — A. I decline to an- swer. Q. Were you in Brooklyn, N. Y., in July of last year?— A. No; I don't think I was in New York. If I was it was not in connection with political affairs. Q. How many times have you been in Chicago? — A. Once. Q. What year was that in? — A. May, 1918, also not on political buisness. Q. Did Mrs. Colyer accompany you to Chicago ? — A. She did. Q. I will call your attention to the following : " The Communist Labor Party proposes the organization of the workers as a class, the overthrow of capitalistic rule; the acquirement of political power by the workers. The workers shall own and control the factories, land, mills, mines, transportation systems and financial institutions. All power to the workers." Did you ever hear that as joart of the Communist or the Communist Labor Party platform? — A. I may have heard it ; I am not a member of the Communist Labor Party and I could not recognize it off hand. Q. Do you subscribe to such teachings or such part of the pro- gram as that? — A. It seems to me the sentiments expressed are fundamentally sound. Q. Do you aprove of them? — A. I am in general sympathy with them. Q. Isn't it a fact that you have lectured and written on just such matter as that since you have. been in the United States? — A. What do you mean by lecturing or writing? I have lectured and written advocating communism. Q. I mean being specific in your lectures, such as I have read here. For instance, referring to the workers as the ruling class, haven't you lectured in that manner and written on those subjects? — A. Yes. I have advocated those things since being in the United States. Q. How would you accomplish that? — A. Well, by educating the service-rendering class to the point at which they would be prepared to organize themselves as a ruling class. At present they are governed by Small political gangs and broken up at will so that they never attain political power as a unit and my idea is if they realized the economic conditions and industrial conditions under which the world is carried on, they would organize as a class unit, in which case I believe they would be sufficiently numerous and powerful to organize industry and government for their own interests. Q. But supposing that method proved too slow, has communism thought of any other way of bringing it about? — A. Well, Com- munists are just like every other set of people, I think. They would not rule out the 5)ossibility of other methods in hypothetical cases, because every sane political judgment, I think, recognizes that in the past, other methods have sometimes been necessary. No Com- munist that I know of professes to be a prophet and what might 48 DBPOETATIOW CASES OP WILLIAM T. AND AMY COLTER, happen in the future would be determined not by the wishes of the Communist, but by conditions. » Q. Isn't it a fact that Comniunists advocate revolutionary means to accomplish their purposes, when other means might accomplish that purpose and when I say " revolution " I mean revolution in the form of force and violence? — A. I don't think there is any doubt but what in some parts of the world, in necessity, force has been used by Communists to give effect to ideas. The same is true of the American Revolution and the French Revolution and every other revolution in the history of the world, but I am not aware of any Communist who has advocated for revolution in the United States. There are many people in the United States — outside Communists — who are and have been in favor of violence and you are not forced to look into history for these; it is a question of conditions. If they happen to take a bloody form which they didn't intend to do, that is determined by conditions and not individuals from my point of view and from the Communist point of view. Q. If that is some of the teachings of the Communist Party to-day, and you have admitted membership in the Communist Party, if it is found necessary to adopt that particular action, the so-called " mass action," do you assume your part of the responsibility as a member of that party? — A. Mass action — that is not necessary and it is not as I understand it at all associated with violence. Mass action is something entirely distinct from revolutionary violence. It means the mobilization of the unorganized workers on their own initiative and in support of organized groups, who may by taking action for the cessation of work, react to the advantage of all. That is what I understand by mass action. It has no connection, in my mind, with force or violence. Q. Then considering mass action, do you assume the responsibility that is yours by beirig a member of the Communist Party, if strikes became broadcast of unorganized workers throughout the United States? — A. I don't see that any special responsibility is attached to a member of any organization. However, I would certainly, should the condition arise where I could be of any service, I would certainly do my part toward directing things into what I con- sidered the most hopeful channels. Of course, I am not quite sure of what you want me to bring out. Q. Well, it is a well-known fact that communism, among its many doctrines, teaches so-called " mass action " as you have described it ; strikes all over the United States or perhaps all over the world, by unorganized people. The result of those strikes, judging by what has already taken place in conflicts of that kind, may be disastrous to the community. Do you accept the responsibility coming from Such strikes? — ^A. I would not admit that such strikes might be disastrous to the community. They might be of special interest. Q. You being a member of the Communist Party, and they favor- ing such movements, would you accept your responsibility, pay your dues, and adhere to your membership in the party? — A. I would be in favor of supporting mass action. Q. Coming to the revolutionar3'' or bloody conflict, if such were found necessary or had taken place, do you assume your responsi- bility as a member of the Communist Party in such action? — A. I DEPORTATION CASES OE WILUAM T. AND AMY COLYBR. 49 don't quite understand the question. Is it desired to ask me if I consider a member of the Communist Party as responsible for any violence that might occur or any struggle which the Communist Party favors. It seems to me that no member of the Communist Party seems to incur such responsibility. Q. Doesn't the Communist Party teach with regard to certain objects which they set out to attain — for instance, the overthrow of capital, if this can not be accomplished by peaceful methods, they would try other methods. Isn't that part of the doctrine of the Communist Party? — A. I have never heard it put quite that way. Q. Have you heard it meaning the same? — A. No; never. I have heard it put in a way which I believe would be as follows : In the event of the cessation of industry, and an effort being made by the reactionary forces such as has happened in Pennsylvania, with the attempt to shoot down women and drive men into their own homes "in defiance of law and order and arresting attorneys who endeavored to come down to answer affidavits, it would in some cases be necessary for individual citizens to exercise their rights under the Constitu- tion, to protect themselves from the brutal outrages which might be attempted under the guise of law and order. Q. Would you be one of the citizens to take the law in your own hands? — A. I would be extremely reluctant to, but I would not an- swer for what might happen. Supposing some person hired by the Steel Trust should attempt Q. How would you determine whether they are hired by the Steel Trust? — A. Well, I think the evidence would have to be strong. Let us say that some person without any proper warrant endeavored to knock my wife down in her own kitchen. I would not attempt to say that because that person happened to be wearing a particular kind of uniform that I would stand by and smile on that account. Q. Don't you think you are going too far? — A. Well, that is what positively ^appened in the Pennsylvania strike. People's homes have been invaded and they have been beaten up. Q. You have no proof other than what you have heard or read, have you? — A. Well, I have read it from more than one source. Q. Do you believe in the law and order of the courts? — A. Of the right sort. Q. What is that? — A. A law and order that holds between indi- viduals. Q. Who is to judge that? — A. Well, I think that public opinion in the community should be the last court of appeal in that particular matter ; otherwise, it would, be possible for any lawless ruffian to shoot up the community while they were waiting to appeal to the courts. There comes the point where the individual must decide, as the court action is too slow. In breaking up a lynching, for in- stance, it would be practicable, in order for a citizen to save a man's life, if he saw a chance of succeeding or organizing a group to break it up. , , , . , Q. Do you believe in the jury system? — A. I don't believe the present system works fairly. 184284—20 4 50 DEPORTATION CASES OF WILLIAM T. AND AMY COLYEB. Q. Is there any part of the United States Government to-day that you believe in? — A. Yes; there is a clause in the Constitution that provides that vfhen the people so desire they can change the law. Q. That is all ? — A. I would not say that ;. I haven't the Constitu- tion before me. Q. Aren't you familiar with the form of Government which you are enjoying in the United States? — A. I am more or less familiar with the laws which are in operation in the United States. Q. Is there any part of them which you are familiar with that you are satisfied with? — A. Well, I am entirely satisfied with a free press, free speech, and free assembly; that is, I am satisfied with these as represented on paper, but I am not satisfied with the in- terpretation placed upon them. Q. By the interpretation put upon the laws by whom? — A. By the regular representatives of the people, by the persons who have control of the political machine. I don't, I will say frankly, I don't regard the existing scheme of things as satisfying the paper requirements of the Constitution, although some forms are kept up. I think, for instance, the Tague-Fitzgerald affair indicated clearly the nonexistence of a living democracy. Whatever may be the out- come of these things — they have fallen into the hands of a group of men who have made politics their life studj^, and if one would devote themselves to such a life study and division of politics, then perhaps it would be possible to become a Tague or Fitzgerald. In this way they seem able to get what they want under the Constitu- tion. If they decide they want a particular thing, they can have it. I suppose a good many people in the United States would like to abolish such a thing, but a number of old gentlemen in Washing- ton, whom I think I am right in saying have a doubtful status ;as to their right to declare, they say it is constitutional, and, of course, this should be regulated through the interstate commerce. I know also that an amendment to the Constitution gives, you all Jjnow, the Negro of the South the right to vote tg some extent, and how much is it exercised? There are lots of these things which I .approve of on paper, but under the existing laws they are not given the proper interpretation. Q. Then, if that is so, according to your system, the Communist Party hopes to change things by education? — ^A. Not to change things or conditions, but to have education until such conditions arise. Q. Well, even at that, aren't you missing a great deal by not desiring to complete your citizenship and assisting in this education, in order that these things may be brought about ? — A. I don't think I can be of use. I think the United States Government has rendered it a practically economic impossibility for the one kind of work for w^hich I have been trained. To be sure, I could get a rough worker's job, but I doubt my ability to find an economic foothold, whether 1 am innocent or guilty. Q. I have here, which I will introduce as evidence in this case, 'marking same " Exhibit No. 4," affidavit made by special agent of the Department of Justice, signed by Walter B. Poole. [Question- naire introduced as evidence in this case, marked "Exhibit No. 5." Showing same to alien.] Is that your signature at the bottom? — A. Yes ; that is all right. DEPOBTATION CASES OF WILLIAM T. AND AMY COLYBR. 51 Q. I have here a paper called the Communist, which is introduced as evidence m this case and marked " Exhibit No. 6." On part of the second page will be found " Call for national convention for the purpose of organizing the Communist Party of America." This is dated Saturday, July 19, 1919. Is it yours?— A. I guess so. Q. Have you read this paper? — A. I will not swear that I read every word of it, but I looked it through, unc[uestionably. Q. Then you are familiar with the principles of the Communist Party of America as set forth therein?— A. I should be. Q. I have here another Communist, which is combined with the Revolutionary Age, under date of November 8, 1919, Chicago, 111. The first page has for a heading: "The State— Strike breaker." This is introduced as evidence and is marked " Exhibit No. 7." Is it yours ? — A. Oh, yes ; I guess so. Q. Are you a contributor to this paper in money or articles? — ^A. I decline to answer. Q. I have here another copy of the Communist, combined with the Eevolutionary Age, dated September 27, 1919, at Chicago, 111., which I will introduce as evidence in this case, marking same " Exhibit No. 8." Is this yours? — A. I guess so. .Q. Is there any article in this paper which you have written? — A. Not that I know of. Q. I have here another copy of the Communist, which is dated November 15, 1919, Chicago, 111., which I will introduce as evidence in this case marked " Exhibit No. 9." Is this your property ? — A. Yes ; it was until it was taken from me. Q. I have here another copy of the Communist, combined, with the Revolutionary Age, which is dated November 22, 1919, Chicago, 111., which I will introduce as evidence in this case and mark same " Exhibit No. 10." The first page contains an article called " Reap- ing the whirlwind." Is this yours ?^A. What? The article or the paper ? Q. The paper, I mean. — A. Yes ; the paper is mine. Q. Is the- article yours ? — A. No ; it is not. Q. I have here a copy of the Communist which is dated November 29, 1919, Chicago, 111., which is introduced as evidence and marked- " Exhibit No. 11;" On the first page is a picture of the Third Inter- national at Moscow. Is this yours? — A. Yes. Q. What do you understand about the Third International? — A. I understand its code by the parties who sympathize in general terms with the principles that the Communist Party of Russia is endeavor- ing to put into force in the country of Russia. Q. I have here The Worker under date of November 1, 1919, which is introduced as evidence and marked "Exhibit No. 12." On page 8 of this paper it reads : " The duties of the local labor committee shall be: to carry on Communist propaganda among the workers in the shops, mills, mines, and industries. To organize shops committees in the industries, composed of members of the party, who shall dis- tribute literature, notify their fellow workers of prospective educa- tional meetings, carry on general agitation, supply information as to the details of their respective industry to the local labor commit- tee who shall in turn pass this information on to the central labor committee. Shop committee shall at all times maintain contact with 52 DEPORTATION CASES OF WIULIAM T. AND AMY COLYBE. the Communist Party. The purpose of the above program being to consolidate and unify the activities of the Communist Party and its propaganda with relation to the rank and file of the workers on the job and to prepare them for united action." Are you a member of the committee mentioned? — A. I wasn't, but I would have been if I had been in position to take the kind of action that is mentioned effectively. Q. Then you are not a member of that committee? — A. No; but I would have been glad to be, if I could have rendered service. Q. You know there is such a committee? — A. Well, it is so stated there. Q. Do you know whether or not you were suggested for membership on that committee ? — A. No ; I don't. • Q. On page 15 of " Exhibit No. 12 " we find the following : " Secre- tary's report, adopted by the general membership meeting of Com- munist Party of Greater Boston. The internal strife within the left wing movement has affected the activities of the local, for the last three months, to a considerable extent. Although 18 branches were under the jurisdiction of the local, the regular dues were received only from six branches. Activities of the local. Nevertheless, central com- mittee spared no effort in keeping the red flag flying and communist propaganda was carried on continuously. Not less than 50,000 leaflets have been distributed in shops and factories and from house to house. Before the police strike, street meetings were held regularly on Mon- days and Saturdays, and Sunday meetings on Boston Common. Also five hall meetings have been held, which, although they were not very well attended, helped to keep the members active. Especially Ruthen- berg's meetings contributed much to this effect. The few active Boston branches are also entitled to the credit that they were the chief sup- porters of the State office and the New England Worker. Dona- tions amounting, to several hundred dollars have been made by some branches, and the central committee has loaned the State office $450 for the special police strike issue of the New England Worker. Branches : In July, 1919, Boston local consisted of the following 18 branches : AUston Finnish, Central, Esthonian, German, Hyde Park, Lettish No. 1, Lettish No. 2, Lithuanian No. 60, Lithuanian No. 162, Mattapan, Koxbury, Eoxbury Jewish No. 1, Roxbury Jewish No. 2, Eoslindale, Russian No. 1, Russian No. 2, West End Jewish, South End Jewish. Since then AUston Finnish branch has left the local and Roslindale branch was disbanded. As per instructions of central committee the secretary sent a communication to the following 24 branches inviting them to join the local : Belmont, Cambridge Polish, Chelsea Jewish, Mattapan, Mattapan Jewish, Newton, Norwood Finnish, Revere, Revere Jewish, Quincy Finnish, Quincy Scandi- navian, Dorchester Scandinavian, Quincy Jewish, Winthrop, Wal- tham, and Watertown. In the near future the Boston local will con- sist of about 40 branches with over 2,000 members." On the same page, appears this paragraph : " Communist school for adults. The executive committee is also planning to establish a Communist school for adults which will meet every first and third Monday nights at the headquarters. The purpose of this school will be to teach the members the principles of communism and also to interest them in the study of Marxian economics and to develop their ability as communist DEPORTATION CASES OF WILLIAM T. AND AMY COLYER. 53 propagandists and agitators. Comrades Colyer, Sidis, and Resnick •• have been appointed directors of this school." When were you ap- pointed, Mr. Colyer? — A. I wasn't told until some time after that; I couldn't give you the date. Q. About when was it?-^A. I think it was informally by conver- sation. I couldn't even give you an idea of the date. ' Q. Which one of the three members who appear here was elected chairman of the committee or the directors? — ^A. That I can not say. I am not sure that j. ever attended a meeting. Q. Does the expression refer to you or your wife when it says " Comrade Colyer "? — A. I rather guess it refers to me. Q. Is this paper yours? — A. Oh, i guess so. Q. On page 16 of this same exhibit, Exhibit No. 12, appears a list of locals. Will you kindly look at this and see if it is correct [hand- ing paper to alien] ? — A. If it wasn't correct, it would not be there. I can not tell personally whether it is correct or not. Q. Have you visited any of the locals mentioned on the back of page 16, which I have just showed to you? — A. I might have. Q. In an official capacity? — A. No. Q. Did you ever deliver any lectures at any of them? — A. No. Q. You were scheduled to speak in Worcester. Comrade Ellis, I believe, gave you the invitation. Did you speak there? — A. I have spoken there. I spoke there for the Communist Party once. Q. What Was the subject of your talk? — A. I really could not say ; but I think it was industrial democracy. Q. Did you read from a prepared speech? — A. I could not pos- sibly read from a prepared speech in the open, because it goes against the grain anywhere. Q. Have you spoken in Worcester in a hall? — A. I did three years ago; about the high cost of living, I think. Q. Not since then? — A. I have no recollection of it; I couldn't say that definitely. Don't take that as a distinct affirmation that I have not. I really don't think I have, though, because I can not recollect it. • Q. I have here a copy of the New England Leader, dated Fitch- burg and Boston, Saturday, June 10, 1919, and addressed to you at No. 1 Cravit Street, which I will introduce as evidence in your case, marking the same " Exhibit No. 13." Special attention is called to the first page, the heading of an article reading as follows : " Massachusetts Socialist convention adopts ' left wing program — Nominates Bramhall, Lawrence stril^e leader, for governor — Eaises $2,500 campaign fund — Elects delegates for 'left wing' con- vention — Chooses Boston for 1920 convention." In this paper we find that you were elected secretary, 99 to 46. Is that correct?— A. Yes. Q. How long did you serve as secretary ? — A. Well, the whole time of the convention ; I forget how long the convention lasted, but I think it was three days. Q. Among other items in this article we find the following : Reso- lution No. 1 was adopted, as follows : " The Socialist Party in Mas- sachusetts, in convention assembled, regards the general strike of the workers of Winnipeg and Toronto as one of the increasing skir- mishes in the great struggle of the working class against their bru- 54 DEPORTATION CASES OF WILLIAM T. AND AMY OOLYBE, tal exploiters and oppressors, the capitalists, now being waged in all the countries of the world. This strike is a school of revolution- ary practice for the Winnipeg workers; but it is much wider in significance as a tremendously important example to all the work- ers of Canada and all other countries. It gives encouragement and invaluable assistance to our comrade workers of Russia, to Com- munist Germany and Hungary; it provides stimuhis and inspira- tion to the working-class struggle all over the world. The Win- nipeg strike, moreover, proves that the old passive strike is dead; that it can not break the power of the capitalist, and that the strikes of the workers must become general, adopting more militant tac- tics against capitalism. It demonstrates, moreover, the utter bank- ruptcy of capitalism and shows the urgent necessity of the work- ing class of the whole country to use the general mass strike against decayed capitalism and its state, inaugurating the government of the industrially organized workers and councils, with full control of all industries by the working class." This set of resolutions is followed by others, which are called to special attention. I will ask you if that particular resolution that I have read came under your supervision as the secretary? — A. I remember the general sub- stance "of that resolution, but I don't see anything that would lead one to take exception to the wording. Q. Then you are not opposed to the resolution? — A. Oh, surely not. I will read from page 3 of extracts from the Communist Party as follows: "The Communist Party is the conscious expression of the class struggle of the workers against capitalism. Its aim is to direct this struggle to the conquest of political power, the overthrow of capitalism, and the destruction of the bourgeoise state. The Communist Party prepares itself for the revolution in the measure that it develops a program of immediate action, expressing the mass struggles of the proletariat. These struggles must be inspired with revolutionary spirit and purposes. The Communist Party is funda- mentally a party of action. It brings to the workers a consciousness of their oppression; of the impossibility of improving their condi- tions under capitalism. The Communist Party directs the workers' struggle against capitalism, developing fuller forms and purposes in this struggle, culminating in the mass action of the revolution." Q. You' are no doubt familiar with what I have read. Do you subscribe to it ? — A. I do, as I understand it. Q. I will introduce as evidence in this case, marking same "Ex- hibit No. 14," the C. C. C. minutes of February 11, 1919. " The meet- ing was called to order at 8.10 p. m. ; chairman, Comrade W. T. Colyer. Moved that we indorse the left-wing manifesto. Amend- ment that we appoint committee of 10 to submit program to special membership meeting. Amendment passed. Fraina, Jansen, Mc- Alpine, Maurin, Bloom, Mack, Levine, Hedrick, Brachman, Colyer elected. Fixing of date of special membership meeting laid over to next meeting. Moved to send Fraina to New York meeting next Sunday. Amendment, two delegates; carried. Fraina and Mack elected. Moved that C. C. C. engage Hansen to go to the Lawrence strike to represent us, and give credentials to Cosgrove." I call your attention to these minutes ; what have you to say about them ? — A. I don't want to raise any objections as I don't carry these things in detail in my mind, and therefore I don't wish to raise any objections. DEPORTATION CASES OF WILUAM T. AND AMY COLYBK. . 55 Q. Have you noticed the stamp or seal on the right-hand side? — A. Yes ; that of the Socialist Party. Q. Your wife has testified to the effect that she has typwritten for you; is that so? — A. Oh, yes; she has typewritten lots of things. Q. I will also introduce as evidence in this case, marking same " Exhibit No. 15," the C. C. C. minutes of February 18, 1919, para- graph which reads as follows : "Committee of three — Lasman, Sidis and Nenonen — was elected to suggest indorsements of nominations for State executive committee about to be elected. Their report was accepted and the following seven were indorsed : Chester Bixby, W. T. Colyer, Julius Cornell, Louis Henderson, Charles Jansen, Frank Mack, William Sharpshooter." Also. the next paragraph: "Left wing manifesto committee reported. Date for special membership meeting for discussion of this manifesto, at Dudley Street Opera House, to be fixed by executive committee." Were you elected at that time on the State executive committee ? — A. Yes ; I was elected, but owing to a provision of the constitutiqn that not more than three members may come from any one county, I was unseated. Q. Who were the two members who came from your county ? — A. I couldn't say. Q. I will now read from the minutes of the general membership meeting, March 30, 1919, which I will introduce as evidence in this case, marking same " Exhibit No. 16." Paragraph 2 : " From W. T, Colyer, suggesting the election of a committee to take up with the new State committee the question of making the Revolutionary Age the organ of the State. Moved to accept. Amended to lay over until after the report of the Revolutionary Age board. Amendment carried." Do you remember making that suggestion ? — A. I do. Q. I will now read from "Minutes of general membership meet- ing, April 27, 1919." This is introduced as evidence in this case and marked " Exhibit No. 17." Among other paragraphs on the second page, appears the following: "Moved to nominate delegates at this meeting and to initiate a referendum vote. Carried. Amendment to ask the branches to vote at their branch meetings was lost. The following were nominated : Fraina, Henderson, Klaver, Maurin, Col- yer, Aronoff, Jansen, Zelms, Sahlitz, Jurgis, Brey, Rihonef." Where the name " Colyer " appears, is that meant for you ? — A. Yes. Q. I will introduce as evidence in this case, marking same " Ex- hibit No. 18," " Minutes of meeting on May 27, 1919." I will read a paragraph on page 2, as follows : " The strike committee, left-wing committee and May Day committee were all to be asked to report at the next regular meeting. Submitted by Amy Colyer, assistant secretary pro tem." Do you know anything about that part of the record? — A. Well, I don't unless I was on one of those committees. At any rate I would not identify the left-wing committee, but I think I may have been on that committee. I wasn't on the May Day com- mittee, and I don't think I was on the strike committee. Q. I will introduce as evidence in this case, marking same " Ex- hibit No. 19," " Minutes of general membership meeting of June 29, 1919." The following appears: "Moved that a committee of three be elected to reply to the action of the N. E. C. in a statement for pub- lication in the socialist press. Carried. Comrades Henderson, Golosov, Goldberg, and W. T. Colyer elected." Is that correct? — A. I was elected ; I know that. 56 DBPOETATION CASES OF WILLIAM T. AND AMY COLYBR. Q. Is it not a matter of fact that the records above the signature of Amy Colyer, assistant secretary, are found to be correct ? — A. I have always found them to be so. Q. We have been bringing out in evidence, relative to the methods of the Communist Party to attain an end, and I want to read the following and have it incorporated in the records, and will ask your opinion after you have heard it read : " It is apparent that the Com- munist Party does not seek to attain its objects through parliamen- tary machinery of this Government (meaning the Government of the United States). That is made sufficiently clear by the following extract from page 15 of the manifesto: 'Parliamentary machinery, in the general struggle of the proletariat, is of secondary impor- tance ' ; and, again, on pages 9 and 10 of the same document, ' In those countries where the conditions for the workers' revolution are not yet ready, the same process will go on. The use of parliamen- tary, however, is one of secondary importance'; and, further, on page 10, ' Parliamentarism of the Communist Party prevails, and the proletariat must be mobilized against the capitalistic movement.' " I wish you to answer whether or not you agree with these senti- ments as read to you. — A. I entirely agree with them as I understand them. However, the Communist Party, as I understand it, is entirely willing, if it can be done, to obtain their objectives by political ac- tion of an entirely different character from that of any other party. That is to say, the communist representative's business is to go, provided he gets elected, and in his vote represent the majority of the people who elected him. His duty is to assume no. responsibility for anything and simply to utilize his position for the purpose of exploiting the inefficient existing method of administration to mod- ern conditions, and if possible to assist in securing the election of a sufficient number of others who think the same as he does until they themselves can assume responsibility, in which case their first action would be to introduce such drastic amendments into prac- tically every existing institution as to constitute a revolution. I per- sonally think if that method can be made successful it is the best theme or method so far, and, of course, the situation to be handled properly. This method would have to be tested out if employed. Q. I have here the record of a meeting of the directors of the proposed communist school for adults. Do you identify it [show- ing same to alien] ? — A. Yes ; I have read it, and it brings to my mind the fact that I did go to the extent of attending one meeting. I had a lot of things on my mind at the time. ' Q. I have here another communicaion signed by yourself, dated October 19, 1919, Boston, Mass. Do you identify it?— A. Yes. Q. Now, summing up and reviewing all the evidence, adduced by your replies to the questions, does it not show first that you are a member of the Communist Party, and secondly, that as a member of the Communist Party, that you have been very active? — A. It is- true that I am a member of the Communist Party which I have not denied and I think it shows that I am and have been willing to take such responsibility as has been placed upon me by members of that organization. That has always been my duty. Q. The warrant for your arrest as you have read it, shows that a hearing has been given you to enable you to show cause why you DEPOBTATION CASES OF WILUAM T. AND AMY COLYEE. 57 should not be deported in conformity with the law. In addition to the evidence already brought out, have you anything further to say as to why you should not be deported in conformity with the law? — A. I have this remark to make ; that I don't regard the description in the warrant as applying to the Communist Party. Counsel to Alten : Q. Will you read that warrant once more. Do you care about answering to those charges? — A. I simply reply that there is no or- ganization with which I am familiar which entertains the things herein stated, for instance the belief in the overthrow by force or violence of the Government of the United States or the opposition to all forms of law. This does not apply to the Communist Party. This seems nonsense. Q. Then you do not subscribe to such teachings ?^-A. Of course I don't. Inspector Leonard to Alien : Q. In the event that it is decided that your wife and yourself should be returned to the country from whence you came, and I mention your wife in this as I have already told you that she acquiesces to your preference, have you any preference as to which place in Eng- land you shall be sent? — A. No. Q. Do you desire to be returned to England? — A. I don't desire to be deported. It is my intention to return, whether I am deported or not. Q. Are all your personal effects at the address in Wellesley which you have given us ? — A. I don't know whether friends have removed them or not. Of course some have been stolen in transit. Q. In case you are to be deported and returned to the country from which you came, is there any friend of yours with whom the immigation authorities might get in touch, so that all your effects may be collected and returned to you? — A. There is no objection, I take it, to our making these arrangements on our own account? Q. None whatever. Just what would yo'u care to do? — A. If de- ported, would we be allowed to carry cases of books and things of that kind? It has been stated that persons deported are allowed to take only what they carry in their hands. Is that true? Q. No ; that can be adjusted when the time comes. Have you any money in the bank? That is in the United States? — A. I am in possession of a check book. I don't know whether -the old check books were taken by the Department of Justice. If they were left, presumably our friends have them. Q. Do you want to see to the return of these things personally or do you want the immigration people to do it? — A. I don't want the immigration authorities to touch anything of mine. Description: Height, 5 feet 10 inches; weight, 140 pounds; eyes, liazel ; complexion, dark (black beard) ; hammer toe. Bail fixed at $10,000. SUMMARY AND FINDINGS. William Thomas Colyer, 36 years old; can read and write; mar- ried; wife. Amy Colyer; United States address. No. 1 Sunset Eoad, Wellesley, Mass.; born in London, England; citizen or subject of 58 DEPORTATION CASES OF WILLIAM T. AND AMY COLYBB. England ; arrived in the United States July 27, 1915, per steamship CarpatKia, Cunard Line, port of Xew York. Obtained first citizen- ship papers January, 1916, at Boston, Mass., but now declares it is not his intention to complete them or become a citizen of the United States. I find that the said William Thomas Colyer is an alien, citizen or subject of England; that he was taken into custody on information and affidavits furnished by agents of the Department of Justice; that he was a member of the Independent Labor Party, or Socialists, in England and became a member of the Socialist Party almost im- mediately upon arrival in the United States, this party becoming the so-called " left wing," which was taken over and became a part of the Communist Party during the early part of 1919; that he admits membership and continuous activity in the Communist Party up to the time that he was taken into custody; that he is familiar with the teachings and manifesto of said Communist Party and unhesitatingly supports them; and that he has written communist propaganda. I further find that this alien comes within the pur- view of the act of October 16, 1918; that he is a member of, or affiliated with, an organization that advocates the overthrow by force and. violence of all forms of law; that he is a member of, or affiliated with, an organization that teaches opposition to all organ- ized Governments ; that he is a member of, or affiliated with, an or- ganization that entertains opposition to all organized Governments ; therefore, after considering all the evidence in the case, I recommend that he be deported in conformity with law. Note. — Alien's wife. Amy Colyer, is now in custody, under the same conditions as her husband, William Thomas Colyer. Mr. Colyer stated that his friends, if he is to be returned to England, will attend to his personal effects and he is not particular which place in England he is sent to. Martin J. Leonard, Immigrant Inspector. Admission of Mexican and Other Alien Laborers into Texas and Other States HEARINGS BBFOEE THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF REPRESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION MAY 13, 1920 ' - . .1 STATEMENT OF fS I i X v ('/'' , HON. JOHN C. BOX WASHINGTON GOVERNMENT PRINTING OFFICE 1809S7 1920 COMMITTEE ON IMMIGRATION AND NATURALIZATION. House of Repbesentatives. SrXTT-SnCTH CONGBESS. ALBERT JOHNSON, ISAAC SIEGBI/, New Tork. HAROLD KNDTSON, Minnesota. EOSCOE c. Mcculloch, omo. J. WILL TAYLOR, Tennessee. JOHN C. KLECZKA, Wisconsin. WILLIAM N. VAILB, Colorado. HAYES B. WHITE, Kansas. KING SWOPE, Kentucky. Washington, Chairman. ADOLPH J. SABATH, Illinois. JOHN B. RAKBR, California. RILEY J. WILSON, Louisiana. BENJAMIN F. WliJLTY, Ohio. JOHN C. BOX, Texas. L. B. EAINEY, Alabama. P. F. Snydee, Clerk. ADMISSION OF MEXICAN AND OTHER ALIEN LABORERS INTO TEXAS AND OTHER STATES. CoMMin-EE ON Immigration and Naturalization, House of Kepeesentatives, Washington, D. G., Thursday, May IS, 1920. The committee assembled at 3 o'clock p. m., Hon. Albert Johnson (chairman) pj-esiding. The Chairman. Our colleague on the committee, Representative Box, desires to present a statement concerning the bringing of Mexicans into Texas and elsewhere, concerning which we held exten- sive hearings during the latter part of January and the early part of- February, and again during April, when Secretary Morrison, of the American Federation of Labor, appeared. Mr. Box, you may proceed. STATEMENT OF HON. JOHN C. BOX, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS. Mr. Box. Mr. Chairman and gentlemen of the committee, as is well known by every member of this committee, by all the Members of the House who have kept up with the business, including every Member of Congress from Texas, and by the Bureau of Immigration here, I have since I became a Member of Congress and of this committee ac- tively opposed the admission into Texas and other States of Mexicans and other undesirable aliens. I want the facts about this business, including my own attitude, known to Congress and the people. To that end I submit to this committee for its record and for the infor- mation of the public the following : statement of the facts. These Mexicans have been admitted by orders of the Commissioner General of Immigration and the Secretary of Labor. Congress has taken no action authorizing their admission since I have been a Member, but the Committee on Immigration and Naturalization, of which I am a member, partly at least as a result of my opposition to it, recently refused to approve their admission. The Secretary of Labor claims warrant for admitting them in the law which was enacted February 5, 1917 — more than two years be- fore my predecessor went out of office. In his first order on the subject, made May 23, 1917, the Secretary of Labor recites the fol- lowing : The ninth proviso to section 3 of the immigration act of February 5, 1917, reads : ''Provided further. That the Commissioner General of Immigration with 180987—20 3 4 ADMISSION OF MEXICAN AND OTHER ALIEN LABOKEES. the approval of the Secretary of Labor shall Issue rules and prescribe conditions. Including exaction of such bonds as may be necessary, to control and regulate the admission and return of otherwise inadmissible aliens applying for tempo- xai-y admission." (See p. 360 of committee hearings on this subject.) No change has been made in the law since then. The first order admitting them was made May 23, 1917— two years before I came to Washington, which was May 19, 1919, to attend my first session of Congress. This order was continued and enlarged by other orders, shown on pages 360 to 373 of the hearings on the subject, made April 12, 1918; May 10, 1918; June 12, 1918; July 10, 1918; October 7, 1918; January 2 and 23, 1919; February 9, 1919— all of which was before the term of my predecessor expired on March 4, 1919. Their admission was continued after the armistice Novem- ber 11, 1918, during the entire time my predecessor remained in office, which was until March 4. 1919. Early in my first session I refused to introduce a resolution authorizing their admission in peace time. Afterwards I attended a meeting in the office of the Secretary of Labor, when a crowd of citizens, Congressmen, Senators, and officials, including the Commis- sioner General of Immigration and the Secretary of Labor, were discussing whether they would at once end the practice which had then been going on for two years during my predecessor's term or permit alien Mexicans to stay on the farms near the Kio Grande until the crops then started were finished and gathered. I had nothing to do with arranging for the meeting, but learned of it and -went there alone, and took no part in it except as a spectator and an observer of what had been and was going on. I made no objec- tion to these orders made and continued for several months after the armistice during my predecessor's service, so long as they ap- peared to be reasonable temporary emergency orders arising- out of war conditions, nor did I hear of his having made any, but I did not approve the further admission of Mexicans, as was well Imown by the Commissioner General of Immigration, as shown by his letter, as follows : TJnitbd States Department of Laboe. Bureau of Immigbation, Washington, April 27, 1920. Hon. John C. Box, M. C, House of Representatives, Washington, D. C. My Dear Mb. Box : Permit me to acknowledge the receipt of your letter of the 24th instant, having reference to the matter of the temporary and con- ditional admission, for employment in agricultural pursuits, of laborers from Mexico, and to state, by ^yay of response, that It is a matter of very clear recollection with me that you have always, in my presence when the matter was discussed, expressed yourself as strongly opposed to the admission of such laborers under the circumstances, particularly since you were of the opin- ion that the immigration law does not authorize the Department of Labor to set aside certain provisions (notably the illiteracy, contract labor, and head tax) in behalf of any alien, or class of aliens. It is also my recollection that you have made public announcement of your views in this respect, and that these views, as I read them, indicated that you were unalterably opposed to the temporary and conditional admission of laborers from Mexico under the circumstances related. Very truly, yours, A. Caminetti, Commissioner Oenerah ADMISSION OF MEXICAN AND OTHER ALIEN LABORERS. 5 I opposed it in the committee, as sTiown by letter from the chair- man, as follows : HbuSE OF Repeesentatives, CoitMITTEE ON IMMIGRATION AND NATTJBALIZATION, Washington, D. C, April 30, 1920. Hon. John C. Box, House of Representatives. My Dear Colijcague : It has been my intention for some time to write to you a letter stating my personal appreciation of your constant attendance on the lengthy hearings of the House Committee on Immigration and Naturalization and to state also my great satisfaction that you are a member of that com- mittee. In all the discussions your views have expressed the highest American ideals and I hope that you may remain long in Congress and continue on this committee. I particularly want to congratulate you upon the high and patriotic stand taken by you in opposition to the admission of Mexicans into Texas and other States through the issuance of orders in the Department of Labor exempting those Mexicans from the head tax, literacy tests, aud contract labor laws. I greatly admire tlie stand taken by you and realize that your stand might be regarded as not for the best interest of certain portions of Texas, but, in my opinion, your stand is clearly for the best interest of the United States, and I am satisfied that the near future will so demonstrate. Your statement on page 299 of the hearings is a splendid portrayal of the exact situation. If you care to have pamphlets for circulation covering your statement, I shall be only too glad to issue an order for the publication of such pamphlet, the same, of couise, to be paid for by yourself. However, in my opinion, your patriotic stand against this violation, or^ at least, evasion, of our present immigration laws must be so well known to the people of Texas that you need to circulate no printed copies of your statement with regard to the matter. With personal regards, I am. Yours, cordially, Albert Johnson, Chairman. In opposing it on the floor of the House, on October 15, 1919, during my first session, I said : Mr. Chairman and gentlemen, I think we have had a very emphatic expression of the attitude of the House as to the admission of aliens who are not and can not become Americans. I think that rule should apply as against every interest. I think {hat when the farmers of Texas want illiterate Mexicans admitted across the border that they ought to be denied that right. [Applause.] I think that when the Japanese come across the Pacific and try to root out Ainericans in Caiifornia that they ought to be denied that privilege. [Applause.] I think that when foreigners come to take the place of men in the factories of the North and East who have borne the brunt of battle in Europe and when they return find their places occupied by others, I think that they ought to be denied that privilege. [Applause.] i have the honor of being a member of the Committee on Immigration, but when we prepare and have for consideration a 'bill restricting immigration, I want to support that kind of a measure which applies to me and my section as well as it does to the other fellow and his section. [Applause.] (Cong. Rec., Oct. 15, 1919, p. 7399.) For report of my oral argument before the committee against their admission, mentioned in Chairman Johnson's letter, see pages 299 to 320 of hearings on the subject. Because of my active opposition to the admission of these Mexi- cans and others like them, Eepresentative Hudspeth, of El Paso, who was making a fight for their admission, said that I should not have been present at the meeting mentioned above. I was no more re- sponsible for what was said and done at that meeting under the cir- cumstances tl^an I am for all that is said and done in Congress when I am attending its meetings. b ADMISSION 0¥ MEXICAN AND OTHER ALIEN LABORERS. I have been repeatedly urged by a few people within my district to favor their admission and severely criticized by some from with- out the district because of my continued opposition to it. Below I quote from some of the letters and telegrams which I have received on the subject. On October 17, 1919, the Texas Cotton Seed Crushers' Association wrote me from Dallas a letter, beginning with the following para- graph : In to-day's Dallas News I note a discussion in regard to keeping out undesir- able aliens between yourself and Representative Hudspeth, in which I note that you are favorably disposed toward keeping all aliens and Mexicans out of Texas. They then proceeded to argue further, and said : To force the Mexicans that are here now to return to Mexico and to prohibit others from coming would certainly work a hardship on the people of Texas. In November, 1919, I received from a conmiercial organization in the district, which had written me asking that I support the admis- sion of Mexicans, a letter containing the following : My Dbae Mk. Box. Permit me to thank you for your letter of the 20th, with fuU explanation of your stand on the Hudspeth amendment to the immigration bill. Your objections are well stated and well founded, and can not be success- fully met unless some way is provided to keep an exact check on the Mexicans about to enter the United States for special purposes. In February, 1920, I received from a gentleman, who thought the Mexicans ought to be admitted, a letter containing the following : The matter of your opposing Mr. Hudspeth's bill with reference to keeping Mexican labor in Texas has just been brought to my attention, and I- am quite surprised that you would oppose a measure of this kind. . On February 20, 1920, 1 received from Galveston, Tex., a commu- nication containing the following : The Dock and Marine Council of Galveston, Tex., composed of delegates from all longshore organizations of Galveston, representing approximately 6,000 water-frpnt workers, desires to convey to you its hearty approval of the posi- tion you took on the question of admitting cheap, ignorant, and illiterate labor from Mexico vsdthout complying with the requirements of the Immigration laws of the United States, and to assure you that we unanimously concur in the sentiments expressed by you In the consideration of his question. (Signed by the secretary.) February 2, 1920, I received from a prominent business man in Houston, a telegram containing the following : In your opposition to Congressman Hudspeth's bill in reference to Mexican labor, I respect your personal views, but desire to call your attention to the fact that unskilled labor is scarce in all of Texas. November 8, 1919, I received' from the San Antonio Chamber of Commerce a letter, opening as follows : We are informed that you are opposing Hudspeth's amendment to the immi- gration bill. As we understand it this amendment is to permit agricultural laborers under proper conditions to be admitted to tne United States. In March, 1920, I received from a gentleman living in the Rio Grande country, a letter containing the following : Every one of these will vote the antiadminlstration, anti-American, anti-Pro- hibition, Joe Bailey ticket, which is against everything, including the Demo- cratic Party — except the liquor interests. * * * i am informed that you are ADMISSION OP MEXICAN AND OTHER ALIEN LABORERS. 7 opposed to letting down the bars to these cattle. If I- can be of service to you at any time, please command me. I have a great many such communications, any of which I will be glad to submit to the committee or show to any member or citizen who wants to know the facts. My answer to all of them contained among other things substan- tially the following : I could not have supported such a policy without consciously having made my- self guilty of that which I believe would have been disastrous to the country. In addition to those admitted under orders of the Commissioner General of Immigration and the Secretary of Labor, a great many thousands of Mexicans have been smuggled into this country. One witness, Mr. Fred Roberts, of Corpus Christi, testified before our committee that there had been at least 200,000 smuggled into the country bj' swimming the river at night and other clandestine meth- ods. (See his testimony before the committee, pp. 49 and 50 of the hearings.) In order to stop their being smuggled across, I helped to pre- pare and get favorably reported by the committee a bill to better ■guard the border, but the Republican steering committee did not permit the measure to get before the House. The foregoing, which is by no means all of the record matter I have, will show anyone who wishes to know the facts, when these people were admitted, how it was done, and how I stood on the question. The law of 1917 should be amended so as to leavp no excuse for the admission of these and others like them. I shall continue to oppose their admission by every possible legitimate means. I hope this committee willat an early date take action toward so amend- ing the law of 1917 as to stop the incoming of this throng of unde- sirables. MODIFIED PERCENTAGE PLAN FOR RESTRICTION OF IMMIGRATION HEARINGS BBFOBB THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF REPRESENTATIVES SIXTY-SIXTH CONGRESS SECOND SESSION MAY 22, 1920 STATEMENT OF SIDNEY L. GULICK 182775 WASHINGTON GOVERNMENT PRINTING OFFICBJ 1920 COMMITTEE ON IMMIGRATION ANC NATURALIZATION, House of Representatives. sixty-sixth congress. ALBEET JOHNSON, Washington, Chairman. ISAAC SIBGEL, New York. ADOLPH J. SABATH, Illinois. HAROLD KNUTSON, Minnesota. JOHN E. EAKER, CaUfomia. BOSCOE C. Mcculloch, OMo. EILEY J. WILSON, Louisiana. J. WILL TAYLOR, Tennessee. BENJAMIN F. WELTY, Ohio. JOHN 0. KLECZKA, Wisconsin. JOHN C. BOX, Texas. WILLIAM N. VAILE, Colorado. L. B. EAINEY, Alahama. HAYS B. WHITE, Kansas. KING SWOPE, Kentucky. P. F, Sntdee, Clerk. MODIFIED PERCENTAGE PLAN FOR RESTRICTION OF IMMIGRATION. Committee on Immigration and Naturalization, House of Representatives, Washington, D. 0., Saturday, May 22, 1920. The, committee this daj^ met, Hon. Albert Johnson (chairman) presiding. The Chairman. Dr. Gulick is present with a revised form of the bill which he presented to the committee several months ago, and desires to be heard. We will be glad to hear you now, Doctor. STATEMENT OF DR. SIDNEY L. GUIICK, SECRETARY OF THE NATIONAL COMMITTEE FOR CONSTRUCTIVE IMMIGRATION LEGISLATION, NEW YORK, N. Y. Mr. Gulick. Mr. Chairman, I appreciate very much the courtesy which you are extending to me to give me an opportunity to present the revised form of our bill. Since the hearing you gave us last June we have been studying the question of immigration from many different standpoints and we have received man}'' criticisms and also many suggestions. In the light of the entire situation we have recast our plan in a large number of details, though adhering to the same fundamental principles. Senator Sterling and Congressman Welty have given us important aid in drafting our bill, which will soon be introduced in both Houses. The proposed bill is as follows : A BILL To amend the acts of February 5, 1917; June 29, 1906; February 18, 1875; and May 6, 1882, creating an immigration board; providing for the regulation of immigration; raismg the standards of naturaliza- tion; extending its privileges to all who qualify, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the act of February 5, 1917, regulating immi- gration of aliens to and residence of aliens in the United States is amended by adding at the end thereof the following: The word "immigrant" includes any alien entering the United States not a "transient. " The word "transient" shall be construed to include aliens of the "status or occu- pations " specified in section 1, B, (3) who enters the United States for limited periods. The word "board " means the immigration board created by this act. The term "ethnic group" shall in each case be construed by the commission as provided for in section 1, A, (2). Sec. 1, A. An immigration board: (1) That an immigration board is hereby created consisting ex officio of the, Secretaries of State, Labor, Commerce, Agriculture, and Interior, and a sixth member appointed by the President and confirmed by the Senate who shall hold his office for a term of four years or until his successor is appointed and qualified. The presidential appointee shall be chaii-man of the board and shall receiye, when engaged on official duty, $40 per diem, with actual expenses of travel, and $6 per day in lieu of subsistence when absent from home on official duty. The chairman of the board shall have power to employ a permanent secretary at a salary of $5 000 per annum, and such other employees as the board may authorize, and to prescribe the salary of each. 4 MODIFIED PERCENTAGE PLAN FOR RESTRICTION OP IMMIGRATION. (3) The board shall in each case deMe and interpret the term "ethnic group," taking into consideration questions of race, mother-tongue affiliation, nationality, and such other relationships as tend to constitute group unity. (3) The board shall, as soon as practicable, institute a comprehensive inquiry into policies and methods of distribution of immigration, shall publish the results of the investigation in full, not later than two years from the beginning of the inquiry, and shall carry on all further work necessary to bring the approved results of the investi- gation effectively before the public. (4) The board shall make such rules and regulations regarding the admission of immigrants as shall enable it fully to enforce the provisions of the immigration laws; and also the necssary rules and regulations in regard to passports, certificates, and declarations required by this act, including such matters as certificates of official status, com't records, receipt of charity funds or other facts deemed necessary by the board. (5) The board shall invite the secretaries of each of the States to report in January of each year in regard to — (a) The amount of unemployment prevailing in the State the previous year as shown by the best available statistics of employment bui'eaus and other reliable evidence; (b) The kinds of industries and occupations in which shortage of labor existed in said year; and (c) The kind of immigration especially desired in that State, if authorized thereto by vote of the State legislature. (6) The chairman of the board shall in February of each year present to the b oard a printed report showing — (a) The number of alien immigrants of any given ethnic group admitted to conti- nental United States during the next preceding fiscal year, and, so far as the figures are available, the total number so admitted of each such group in each year since 1900; (b) The number originally belonging to such ethnic group who have been natural- ized and were residing in continental United States as shown by the last available United States census; (c) The number of American-born children whose foreign-bom father or mother belong to any such ethnic group, and which children are residing in continental United States as shown by the last available United States census; (d) The amount of unemployment and also of labor shortage during the preceding year, as reported by the secretaries of the different States; and (e) The officially expressed desire of each State for specified kinds of immigration. (7) The chairman of the board shall, upon complaint of any citizen or association, investigate the management of immigration stations at ports of entry. The Secretary of Labor shall, upon the report of the chairman of the board, take steps to correct any abuses or neglect of duty. (8) The chairman of the board shall prepare a brief and simple statement of the rights and duties of aliens residing in the United States, which shall be printed both in English and in the various languages of aliens entering the United States, a copy of which statement in his language shall be given to each alien over sixteen years of age at the time of making the pledge of obedience as provided in section 1, D, (1). (9) The chairman of the board shall prejjare or have prepared a textbook on "Ameri- can citizenship " for the use of aliens seeking to qualify themselves for naturalization. It shall be simple in style, attractive in form, shall not exceed forty thousand words, and shall contain what every alien desiring to become a citizen shall be required to know concerning the history of the American people; the principles, ideals, and methods of the Government of the United States; the rights and duties of citizens and the principles and requirements of personal and public hy|;iene. This textbook, when authorized by the board, shall serve as the basis upon which the courts granting pipers of naturalization shall judge of the intellectual qualifications of applicants for citizensliip. Sec. 1 B. Admission of transients: (1) That aliens entering the United States as transients, excepting accredited representatiA es and oftcif-ls of foreign G oa emments, shall present proper passports statirg among other thirgs the purpose of the Aisitand the expected length of that ^isit, not to exceed three years. The passports of stu- dents may specify six years as the period. Aliens possessing such ptseports -Bho de- sire to extend the period of resic'ence in the United Stftes may secure permifeion for such extension from the Commissioner General of Immigration. The regulations pro- viding for such extension shall be prepared by the board. (2) Any alien entering as a transient who remains in the United States beyond the period specified in his passport without securing from the Commissioner General-of MODIFIED PEKCENTAGE PLAN FOR RESTRICTION OF IMMIGRATION. 5 Jlf.'J^F*^^"? permission for the extension of the period of his visit, shall be taken into of Pebniar 5 m?^ according to the provisions of sections 19, 20, and 21 of the act (3) Aliens permitted to enter the United States as transients must be persons of the folio wing status or occupations : Government officers, ministers or religious teachers, missionaries, lawyers physi- cmns chemists, civil engineers, teachers or other professional persons, students pro- vided with their own funds or guaranteed support by their own Governments or by institutions or friends in the United States, authors, artists, merchants, and travelers tor curiosity, health, or pleasure, their legal wives or their children under sixteen years of age, or their personal and domestic servants, who shall accompany them or who subsequently may apply for admission to the United States; but such persons with their legal wives and foreign-bom children and servants who fail to maintain in the United States the specified status or occupation shall be deemed to be in the United States contrary to law, and shall be subject to deportation as provided in sections 19, 20, and 21 of the act of February 5, 1917. (4) Alien students who are admitted as transients shall not be regarded as having lost that status by reason of having secured temporarily some gainful occupation, on condition that they maintain regular attendance in a high school, college, or univer- sity, the nature of the schools to be specifically defined and the requisite regulations to be prescribed by the board. Sec. 1 0. The admission of immigrants: (1) That in April of each year the board shall determine the maximum number of aliens of each ethnic group to be admitted as immigrants to the United States during the fiscal year next following. Such de- termination shall be based on the report of the chairman of the board provided for in section 1 A (6) and shall have regard tor (a) The demonstrated assimilability of each ethnic group; (b) the maintenance of American standards of living and wages; (c) the amount of unemployment and of labor shortage in the United States ; (d) the gen- eral labor and economic conditions in the ^afferent parts of the United States, whether among industrial, agricultural, domestic, or other workers; and fe) the adaptability of each particular group to fulfill the requirements and to meet the needs. (2) The boai;