Evening star., 1920-01-05
SUSPECTS PLAN
FIGHT IN COURTS
ON DEPORTATION
Best Legal Talent Engaged
by Many of 5000 For
eigners Held.

Though most of the 5000 foreigners
now held for deportation have been
loud in their denunciation of the
judiciary of the so-called capitalist
system" they are planning to use
sent back to Europe. 1t was said at
the Department of Justice today that
thlBe arrested last Friday night have
obtainable to defend them, and there
is large fund available to pay for a
battle in the courts.
Accordingly. Assistant Attorney Gen.
eral Garyan has given instructions
to his aids to speed the work Of
tions as sure. as possible. and this is
one of the largest tasks now con-
fronting the department. Mr.. Garvan
said that while the government be-
lieved proof of membership in either
the communist party or the COM
munist labor party to be sufficient
basis for deportation, those held
might attempt to show they re-
nounced their affiliations to those
parties prior to the governments an
nouncement that such a membership
would be considered cause for de-
portation.
How Law Operates.
The law does not contemplate the
hearing of deportation proceedings
by a jury. Instead, the defendant is
arraigned before an immigration in
spector, where he may be represented
by counsel, and if ordered to be de-
ported he may appeal to the commits
sioner general of immigration in
Washington. Should the commits
spector, the defendant may go into
court and ask for a writ of habeas
corpus. on the grounds that the evil
dence presented does not warrant his
deportation. In this way the matter
may be brought before the courts.
and Mr.. Garvan believes that habeas
corpus proceedings will be employed
in nearly all of the cases growing
out of the recent raids.
The government is prepared to meet
every turn taken by the radicals who
want to stay in this country, and in
times past as many as five writs of
habeas corpus have been issued be-
fore the deportation was finally ef-
fected.
Privileges accorded the radicals
under present laws with respect to
bail also complicates the departments
work. Persons held on such charges
as those filed against those recently
arrested may be given temporary
freedom by furnishing a $1,000 bond.
and some of the defendants. said Mr..
Garvan today, would consider this a
small price to pay for being allowed
to remain in this country.
More Arrests Reported.
Reports of more arrests dribbled
into the department today. These
showed that plans of the department
to round up the ringleaders of the
two organizations were continuing
unabated. Mr.. Garvan said When
the raids began federal agents were
armed with 1000 warrants. Not all
of these have been served. but from
seven cities requests came today for
every agent from whom reports have
been received in the last forty eight
hours declared he would serve all
warrants assigned to him.
Nearly 5000 of those arrested have
been held for deportation proceedings.
Ellis Island all of them cannot be con-
centrated there. At the bureau of i'm
migration it was said il Army and
Navy branches at the island were re-
moved there would be ample room to
all of the alien radicals
who might be ordered deported. I'm
migration officials would not discuss
reports that they would ask the War
Department for the use of either Camp
Mills or Upton. New York. as con-
camp.
Seek to Control Union Labor.
The communist ana communist la bor
parties have been working for months
to gain control of all organized labor
bodies in this country. said Mr.. Gar
van. hoping that through them a revo-
luton might be instigated. In their
plan to ''bore from within" in the labor
unions, as disclosed in the manifesto
and program" the leaders of the COM
and communist labor parties
outlined for their adherents the pro-
gram for incfting simultaneously small
strikes and developments of these
small strikes into mass action. The
plan of action was given in detail from
.'small strikes to minor mass strikes;
from minor mass strikes to general
strikes and from general strikes to the
ctatorship of the proletariat through
Deploring the trend of development
of trade unionism. the manifesto"
says:
':The older unionism was based on
the craft divisions of small industry.
The unions consisted primarily of
skilled workers. whose skill in itself
is a form Of property. The unions are
not organs of the militant class
struggle now. Today the dominant
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