Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-12-09
LOSE
APPEAL AGAINST
ORDER To DEPORT
Judge, In DiSmlSSing Writ of
HabeaS Corpus, DenOunCes
Dr.. Berkman and Emma
Goldman.
r.v .o..,.o .ousn.l spre,., LEASED WIRE,

New York, Dec, S.-Alexander
Rerkman and Emma Goldman today
lost the;Y fight against deportation
from the United Stares, The govern
ment plons to deport them within two
weeks, according to Federal District
Attorney Caffey.
Federal Judge Mayer, who SEN
fenced the two radicals to prison two
years ago for obstructing the draft,
today dismissed writs OF habeas corr
pus and refused to admit them to
bail. He granted a stay of deporta-
tion until y. m, Thursday to permit
their counsel to appeal.
Mr.. Caffey announced that other
aliens besides Berkman and Miss
Goldman would also be deported
within two weeks, referring presum-
ably to eighty-two radicals whose
confinement at Ellis Island recently
has been featured by hunger and 81
lenne strikes
The announcement was made in re-
sponse to the claim OF Harry Vein
berger counsel for Berkman and Miss
Goldman, that the government had no
definite plans 20 deport his clients and
that they might be held at Ellis
Island indefinitely, perhaps for life.
in violation of the law.
In rendering his decision, Judge
Mayer denounced both OF the anar"h-
lists. He said:
"The court views the defendants as
enemies of the United States and Of
the peace of this country. Berkman
has a criminal record that began
when he attempted the assassination
of Mr.. Frick. At the beginning of tho
Igfpnhatntg triad n
the carrying out Of the selective serv-
ice act. They ciid everything they
could to destroy the welfare. the sta
bility and the integrity Of this gov
erument and the court regards their
actions as every bit as bad. every bit
as inimicable to the government as
were the acts of the common enemy
the German empire. Therefore, the
court declines to grant bail
Mr.. Caffey furnished still another
surprise for Miss Goldman by an
nouncng that Jacob A. Kersner
whom she claims to have married in
Rochester, n. Y. in 1887, did not die
until January of this year Vein
berger had argued that the cancella-
I on of KersneTs citizenship by the
United States district court at Roches-
ter in 1909 was Illegal because kers-
IGI DItSuil9uly Wde utdh clN tIldN NAiiISs
The only point worthy of consider
alton throughout his entire argument
that the deportation would be uncon-
stitutional, Judge Mayer told Vein
berger, was his claim that Miss Gold
man had not been given notice of the
decentralization proceedings against
Kerener and that the real intention
of the government was to denaturalize
Emma Goldman by subterfuge and in
direction.
To this United States Attorney
Caffey replied that Kersner's father
had testified that his son immigrated
from Russia in 1882, and that he was
born in 1865. He was naturaliZed by
the Monroe county state court at
Rochester in 1884. The law provides
that an alien must be at least 2 / years
old and have been in the country at
least five years before naturalization.
Weinberger accused the government of
lack of fair play in not giving Miss
Goldman chance to prove that Kers-
ner's father reckoned dates by the
Jewish calendar and had been mis-
taken about his sons birth and the
date of his arrival from Russia. i
Mr. Caffey said that Miss Goldman
could not have been a party to the
proceedings, because
the statute only permitted the man
upon whom citizenship had been con-
ferred to contest the suit, and that
notice had been served upon Kersner
by publication.
"She never appealed to have that
Judgment vacated, even If they were
married." he said.
The other contentious of Weinber-
ger as to the unconstitutionality of
deportation were termed by Mr.. Caf- |
fey frivolous and absurd"
These claims were;
First that the anarchy statutes of
1917 and 1918 violated the first
amendment to the United States con-
stitution, providing that congress
shall pass no law abridging freedom
Of speech or of the press; second. that
when his clients were admitted to the
United States more than thirty years
ago, they were not anarchists and that
to deport them now would violate ex-
post fateo inhibitions of the constitu-
tion third, that the government could
not deport them to soviet Russia, as
it has announced it's plans to do, be-
cause the United states has not rec
ognized the Bolsheviki.
In reply, Judge Mayer said that the |
anarchy statutes had already Deen
held constitutional by other courts;
that congress could pass at any time
any law it saw fit regulating aliens, |
and that the court had no judicial I
knowledge of soviet Russia.
Elaborate preparations were taken !
to guard the court room during the |
hearing. Dozens of policemen were on |
guard at the doors and in the corri- |
-r.a dc nf tho nnprphiSfG
barred from the room.