New-York tribune., 1920-01-25
Party Seeking Control of
Land by Violence, Mass
Action and Strikes, AS
serts Secretary Wilson
Ruling Covers All
Caught in Raids
officials Believe Wav Is
Cleared for Banishment
of Party's Followers
Neic York Tribune
WASHINGTON Bureau

Neic York Tribune
Washington BnrenY
WASHINGTON, Jan. 24.-A
sweeping opinion upholding the
right of the government to deport
aliens who are members of the Com
munist Party of America was hand
ed down to-day by William B. Will
son, Secretary of Labor.
The decision, which affects hun
dreds of foreigners arrested in re-
cent raids conducted by the Depart
ment of Justice in New York and
other cities. is expected to deal a
staggering blow to the activities of
the Reds" in the United States 1t
is based on the finding of the Sec
fetaryg that the Communist party
was created for. the avowed purpose
of overthrowing the government tf
the United States by force, and con-
sequently that foreigners who are
members of the organization are
liable to deportation under the pro-
visions of the alien deportation act
approved October 16, 1918.
Quotes Party Manifesto
In rendering the opinion the Sec
retary quoted numerous extracts
from the manifesto, program and
constitution of the party, and like
wise from the manifesto Of the Com
munist International, with which
the party in this country is affiliated.
Although handed down in the case OF
Englebrert Pres, young Austrian,
who was arrested in a recent raid
Federal officials declare that the de-
cision is applicable to practically all
the members of the Communist party
caught in the Department of Justice
dragnet.
5000 "Perfect Cases" Affected
Secretary Wilson's decision will af-
feet upward of 5000 Communists,
known as the perfect cases." caught in
the raids. These 5000 either are held
in jais throughout the country or are
under bond.
Department Of Justice estimates of
the number Of Communists and sympa-
thzers of the radical wing of the So
cialist party place the number between
$4,000 and G0,O00. 1t is admitted, how
ever. that the degree OF radicalism OF
these $4,000 in many instances does not
reach the point whore deportation pro
ceedings are justified.
1t is assumed that the next move OF
the radicals viii be TO take the matter
into the courts on habeas corpus pro
ceedings OH behalf of individuals
coming under the ruling. Meantime.
the Department Of Labor will proceed
with its plans for the deportation Of
the foreigners.
Department Of Justice officials regard
the opinion as vindication of the
roun6ups and as a complete answer to
the critics OF Attorney General Palmer,
including Francis Fisher Kane, who re-
signed January u, as United States At
torney for the Eastern District of Penn
sylvania, on the ground that the de-
partment was not justified in It's hos
tility to the Communist organization.
1t is. pointed out that the ruling o,
Secretary Wilson is almost Identical
with the reasoning employed by Mr.
Palmer IN a statement given out last
night replying to Mr. Kane
Secretary Wilson held a hearing in
the case Of Preis several days ago.
when attorneys representing not only
Preis and the Communist Party OF
America, but other radical organiza-
tons, endeavored to set up the defense
that the Communist party was not
organized to bring about the overthrow
Of the government by violence.
n:
he text Of the opinion follows:
In re Englebrert Preis:
Age tnirty-one, native of Austria.
ertered the United States at Port
Huron, Mich. on November 13, 1915.
having arrived in Quebec by steamship
Scotan, June IA. 1914. This is a case
arising under the provisions of the &C.
o. October Is, 1918.
ut is ALLEGED that the alien is \
member of the Communist Party Of
america, which is affiliated with the
Communist international. The alien
admits membership in the Communis.
Party Of America, and that it is affili-
ated with the Communist international.
The sole question, therefore, to be de-
termined by the Secretary of Labor is:
Is the Communist Party of America
such an organization as is described in
the act of October 16, 1918, member
ship in which makes an alien liable to
deportation? The language of the act
applicable to this particular case is as
follows:
Section L Aliens who
are members of or affiliated with
any organization that entertains a
belief in, teaches, or advocates tha
overthrow by force or violence
OF the government of the United
States
"'Section 3 shall. unon
the warrant of the Secretary of La
Dor. be taken into custody and de-
ported in the manner provided in the
1917
1t will be observed that belief in.
teaching or advocating the overthrow
OF the government of the United States
IS not alone sufficient to bring anv
organization within the scope Of the
act: There must in addition be be-
lief In. teaching or advocacy of force
or violence to accomplish the purpose.
Bearing that in mind, we may proceed
to an examination of the facts.
of