New-York tribune., 1919-02-14
Federal Judge Knox Dis.
misses Habeas Corpus
Pleas for 40 Agitators
Many Anxious to Leave
Legal Advice Bureau Admits
Responsibility for Fight;
Money to Aid From West

other radical groups to detan in this
country the fifty-four alien I. w. W.
agitators who are held at Ellis Island
awaiting deportation failed yesterday.
Federal Judge John C. Knox. in a ha-
beas corpus proceeding, ruled that no
evidence had been offered to show that
the aliens were being illegally expelled
from the country.
Judge Knox dismissed writs of ha-
beas corpus issued in the cases of for
ty-nlne of the aliens. He said that the
dismissal was without prejudice" to
any future writs that may be obtained,
but he admonished attorneys who ap-
peared for the aliens that if further
action was contemplated they must be
prepared to present evidence that some
law had been violated
1t was stated in court that the agi
tators, all Of whom come from the West
and many of whom had been in prison
tor more than a year, are to be sent
abroad on the first ships available for
that purpose. Assistant United States
Attorney Ben S. Matthews said that
TINS may be in a week. or two weeks
or two months"
questions as to who gave authority to
the attorneys to represent the aliens
and who furnished the money for the
court action. Charles Recht and Sid
nney X. Fleisher, of 10 West doth
Street, appeared on behalf of a group
of Socialists. Caroline A. Lowe, an at
tofney OF Chicago, represented the |.
w. W. headquarters in Chicago. Mr..
Matthews, for the government, con
tended that these attorneys had not
been IN communication with the aliens
on Ellis Island and had no papers to
show that they had been authorized to
appear: or that the aliens did not want
to be deported
Miss Lowe, taking the witness stand.
testified that she had made repeated
trips to Ellis Island to see her "clients'
put mad been refused perm ission by By
ron Uni, acting Commiss oner of Immi-
grafton. She said she then telegraphed
to the |. w. W. headquarters in Chi
cago and obtained funds and authority
to act. She obtained the writs from
Judge Knox on Wednesday night
Meantime. at Ellis Island. Mr.. Uhl.
IN an interview. said he had talked
to the men and that one-half of them
said that he had received a letter
from twenty of the aliens, which had
been posted from Seattle. This letter
stated that S. Walter Neles. of New
York, counsel for the Civil Liberties
Bureau, had been retained as their
counsel, and that no others had asked
to be represented in any court pro
ceedings.
Judge Knox in dismissing the writs,
said that there had been no allegation
to indicate that the law had been vio-
lated or transgressed. He said that
the records of the mems cases we're
available at Washington and if anv
future wriys We're obtained they should
show evidence that justice had been
denied
MIR. Recht said conference of per
sons Interested in the cases would be
held at once to determine what action
would be taken.
Explaining his refusal to permit Miss
Lowe TO sec the aliens, Mr.. Uhl said:
II had no authority to permit Miss
Lowe to talk with the men. She had
nothing to show she was their attor-
ney. | have talked to the men. and
about half Of them have told me they
desire to be deported."
Miss Lowe yesterday issued state
ment attacking John P. Holland. presi-
dent OF the New York State Fedora
tion OF Labor, who, she said, had ac-
cused the |. w. w. Of resorting to vio-
lence She said:
'ln answer to his bitter denunciation
l wish to inform him that if he will in
vestlgate the government reports upon
the question of violence and destruc-
tion committed by the |. W W he will
find they refute his statements. We
called as q witness for the defence in
the Chicago case +. p. Marsh, chairman
of the Presidents Mediation Commis-
son and fo~ many years president OF
the Washington State Federation Of
Labor, who testified that, as result Of
his Investigations Of charges of this
nature against the I. w. W, he had
found them to be unfounded We called
+. f. Blaine, member of the Washing
ton State Council of Defence and chair
man Of commission appointed by the
Governor of that state, to Investigate
charges Of violence alleged to have
been committed by members Of this or
ganization."
The Bureau of Legal Advice, 11S
East Twenty eighth Street, yesterday
issued a statement in which it assumed
responsibility for the fight against the
deportations. The statement said:
"The bureau is wagng the legal
fight locally against the deportation of
the ffty-four |. w. W.'s We base our
action on the belief that these men
have not had even such meagre legal
rights as the immigration law of 1918
guarantees them, and that for that
reason the previous proceedings by
which they are being deported are r-
regular. We believe that the order
/ for their deportation is invalid and
should be annuiled bv the courts ~