New-York tribune., 1919-12-12
U. S. Supreme Court Holds
Up Deportation of Wom-
an Anarchist for Week
to Consider Appeal
Citizenship in Question
Marriage to Russian i'm
America Is Declared
a Barrier to Eviction

WASHINGTON, Dec. 1.-THE Su-
preme Court of the United States de-
clined to interfere to-day in the de-
portation proceedings against Alexan-
der Berkman but granted q stay OF one
week in the case of Emma Goldman.
Both anarchists are now at Ellis Isl
and.
The stay in the Goldman case re-
suited from contentious made in her
brief that while a Russian by birth,
she became naturaized through mar
riage.
The court directed that Miss Gold
man be held without bail pending the
final determination of her application
for appeal.
Robert P. Stewart, Assistant At
torney General, who represented the
government, said that in the Berkman
case the matter of deportation was now
in the hands of the Department of
Labor. which would arrange for his
departure.
Just what action Miss Goldman will
take will be decided at conference
in New York tomorrow, Harry Vein
berger. her attorney, said.
1T may be she will prefer to go back
to Soviet Russia at once" he said.
The court denied Berkman's petition
to appeal his case. Tie stay against
deportation. granted by the New York
court to permit application for appeal
to the Supreme Court, expired in his
case at 4 o'clock this afternoon.
Habeas corpus writs obtained by
Harry Weinberger to delay the de-
portation of Miss Goldman and Berk-
man were dismissed by Judge julius
NJ. Mayer in the Federal Court last
Monday on the ground that the an
archists were enemies of the United
States and that no legal reason for
staying their deportation had been
shown. The court gave Mr.. Weinberger
until o'clock yesterday afternoon to
obtain the Supreme Courts acceptance
of an appeal. Both anarchists were
taken back to Ellis Island.
Miss Goldman's contention on which
she obtained further weeks stay
was that she is an American citizen
by reason Of her marriage in 1897 to
Jacob A. Kersner
kersner, a Russian, went through
the form of being naturaiized at
Rochester in 1884, but the government
contended that he obtained his papers
hy fraud, since he was under age al
the time. Miss Goldman, therefore
was held not to have become a citizen
Both anxious" to Go to Russia
The United States Supreme Courts
action yesterday indicates that it holds
this question to be worthy of further
investigation. If within a week hel
attorney furnishes sufficient proof Miss
Goldman's case may be put on the cal
endar for reviews, in which event her
deportation would be further post
poned.
Both Miss Goldman and Berkman an
nounced that they are anxious" TO re.
turn to Russia, provided they are per.
initted to go at their own expense anc
land at port controlled by the Soviet
government. They object to being de-
ported, because they may be handed
over to the White Guards, who would
Immediately order them shot," Mr.
Weinberger said. "Many other Rus
SLAMS would leave at their own expense
if the government would let them"
Intimations were made by Francis G
Cafey, United States District Attorney
that the government has no intention
of permitting any aliens ordered de
ported to go at his or her own ex
pense.
The government is making every
preparation to deport Miss Goldman
and Berkman within the next two
weeks" he told Judge Mayer.