El Paso herald. (El Paso, Tex.) 1901-1931, 1920-04-17

In the opinion Of the Democrats, as
I we'll as Republicans, a mistake has
been made somewhere. For instance
out Of 1f48 cases handled by the de-
partment Of labor. 392 have. been
found TO be within the meaning OF
the deportation laws Fully 103;
cases have been cancelled and So have
been deferred for further study OF
consideration
The conclusion which hns been
reached by members Of congress
a. that either the department Of
justice has been OyerEenIous in
arrestinE Innocent people and sub
iectlng them and their families
to hardshipss or else the depart
ment Of labor has been friendly
TO the aliens and construed the
law in such n way as 10 Eullify
its enforcement.
The attitude Of the department Of
-abor is expressed by assistant secre-
Cary Post in the case Of Thomas Rus
sex, which has Just been decided IN
I the Iater's favor because he was not
deemed - Eave become q member
I Of the Communist party, although he
had permitted his name to be signed
TO an application before he was aware
! Of its purpose.
Says Mr.. POST
Under the law aliens must be de-
I ported If they are members or a1tll-
lated with the Communist party Of
D Am erica II tbs clause De constr AE ca
Z as meaning that eliens who have once
I technically become members Of the
l Communist party must be deporteds
/ even though they have no guilty
I knowledge or that the principle Of
once a member always a member
applies, il might be possible TO spell
out Of the circumstances in this case
a membership for which deportation
would be mandatory
Having applied for membership
before the prescribed organization
was born and Withdrawn before its
constitution was brought even per-
funcrorily TO his attention. this allen
would seem 10 a fair American mind
90 lack the requisites even Of techni-
cal membership. II, however. the
were all present, nevertheless the con-
gress Of the United States should not
hastily be presumed to have intended
that resident aliens be arrested ald
deported as members Of an unlawru-
organization, when all the circum-
stances show the alien himself 10 be
innocent Of any guilty knowledge or
motive in taking membership aria
when IL appears that he is wholly
free of any hostile purpose toward
this government. but that he IS SYM
pathetic with our Democratic instt-
buttons.
Purpose Not Un-Ameriean.
Some members OF congress may
voted for this law. to have II con-
strued in a narrow and unAmerican
fashion; but It would not be reason
able TO infer that congress- as the
constitutional lawmaking body Of this
country, enacted this law with an
such unAmerican purposes. / shall,
therefore, assume, In this case. as
have in a large number OF similar
cases. that congress intended the act
OF october 16s 1918, 70 be considered
- -Han.
diTidual knowledge and intent OF per
sons drawn innocently into the IN
lawful membership
Il have described this case at length
because IL is typical OF a larg-s pro-
portion Of fully 1000 cases decided
after hearings in which warrants Of
arrest had been issued by the depart
ment Of labor on prima 1acie proof OF
probable cause furnished by special
agents Of the department OF justice
The aliens are arrested and i'm
prisoned; while in prison they are
subjected TO policy OF inQuisitioni
an affidavit showing probable cause
upon Information ana beliefs
thereupon presented 70 the depart
ment OF labor, Whereupon the latter
department issues its warrant OF ar
rest, takes over the custody o. the
alien as by law It IS required 70 Co
and proceeds as usual under the eE-
pulsion clause OF the immigration
law.
asWhen the hearings ut imhi-
grafton stations are reported YER
batim in regular course TO the
department Of labor and the sec
retary or HIS lawful representa-
tive comes 10 eInmine these rec
ords "a f. found in a large pro-
portion Of TIC large number Of
cases / have examined that there
a. no better reason for depor-a-
tion than is disclosed IN the pres
ent case.
I'm some cases the membership IS
automatic, the arrested aliens having
been transferred from a lawful or
ganizatiOn TO the unlawful one by
vote Of group or branch Of the
former and without his knowledge
In some cases he has had knowledge
Of the transfer, but not at all Of the {
character OF the organization 10
which he has been transferred In I
other cases he has signed appiica-
tons before the existence Of the IN /
lawful organizations and has never /
confirmed his membership by any
conscious act Sometimes an organ
izer or friend has signed an appli- /
cation FOR him. As a rule the hearing |
SHOWS the aliens arrested 70 be work /
men Of good character who have never /
been arrested before. who are not 4
anarchists or revoluGonists, nor 20
litically or otherwise dangerous in /
any sense. Many Of them. as in this 4
1T is pitiful 10 consider the hard /
ships TO which they and their famil-
les have been subjected during the /
past three or four months by arbi-
trarv arrests There have been cases
o. long detention in default Of bail.
beyond the means OF the hard work
ing wage earners to give. for nothing
more dangerous than affiliation with
friends OF their own race. country
and language, and without the slight
est knowledge OF sinister move OF
act within their knowledge
1r intentions.
should Be Treated Fairly.
ITO permit aliens TO violate the I
hospitality OF this country By con-
ipiring against it Is something which
10 American can contemplate with
patience Equally impatient. how
sver, must any patriotic American be
with drastic proceedings on flimsy /
ROOF 10 deport aliens who are not /
,onspiring against our laws and do
lot intend 10. Although these are
lot criminal proceedings, being
wholly administrative in their char
lcter. their effect upon the innocentl
who in the summary may
'e found TO be guilty is as distressing
o him and his family, 20 his friends
nd 10 his neighbors as the effect of
'onviction for crime by regular jude
al processes
As q consequence Of the foregoing
ase, Post has drawn UP certain rules
or the guidance Of his department in
handling deportation arrests. This !
Ieries Of rules has come in for severe
at the department Of justice
N the ground that deportation Is
made virtually impossible. The con-