The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-04-17
NO IMPEACHMENT
IS PROBABLE
Assistant Secretary Post
May Be Examined Be-
fore Congress
RATHER LIBERAL
TOWARD ALIENS
Will Not Carry Out the Drastic Regu-
lations CT Department of Justice
Membership in Communist Party
May Be Harmless.

Copyright BY The Reformer)
WASHINGTON, April l7.-Conhct be-
tween the department of labor and the de-
partment of justice as to the proper
course to be pursued in deporting 'Radi-
GALS and Communists has raised some
fundamental questions which may revive
the whole matter Of the justice or inius-
tice OF wholesale raids against Reds
and the efforts of the government to com .
bat radicaism
The movement in congress to inquire
into the supposed friendiuess Of Louis !
j. Post, assistant secretary of labor, to
aliens by cancclling warrants against them
issued by the department of justice is by
no means political or partisan There are
Democrats as well as Republicans who
are up in arms about it but it is unlikely
that proceedings will be begun The ac-
ton oil Representative Moudell, Republican
floor leader, IN asking Representative
lloch, Republican, to withdraw his reSo
luton for impeachment was due to a de-
sire to follow an orderly procedure through
the rules committee instead of being sub
jeCted to the danger of elimination on a
point OF order in the house itself
Out of il impeachment proceedings are
not probable but through investigation
by a committee OF congress with an OPP
pOrtunity for Assistant Secretary Post to-
express his viewpoint Is contemplated.
The facts are not doubted but the view
point or attitude toward aliens which
the rather liberal minded department of
labor takes as opposed to the more or
less conservative ideas Of the department
of justice has developed an interesting
controversy.
In the opinion of Democrats as well as
Republicans, something is wrong. \ mis-
take has been made somewhere For in
stance, ont Of l44S eases handled by the
department Of labor. 332 have been found
to be within the meaning Of the deporta-
ton laws. Fully 1,053 cases have been
cancelled and 63 have been deferred FOR
further study or consideration The con
clusion which has been reached by mem
hers of congress is that either the do
department of Justice has been over 2cat
Gus in auesting innocent people aud sub
jecting them and their families to hard
ships or else the department of labor las
been over friendly to the aliens and con
strued the law in such way as to nulify
its enforcement.
The attitude of the department of labor
as expressed by Assistant Secretary Pos
is described in the case of Thomas Rus
which has just been decided in the latter
favor because he was not deemed to hav
become a member Of the Communist part
although he had permitted his name t,
be signed to an application before he wa
aware of its purposes. Says Mr. Post:
Under the law, aliens must be dc
ported if they are members or affiliate
with the Communist party of America
If this clause be construed as meanin
that aliens who have once technically b.
come members of the Communist part
must he deported even though they hay
no guilty knowledge or that the prime
pie of ''once a member always a member
applies, it might be possible to spell on
of the circumstances in this case a men
bershin for which deportation would |
mandatory
Having applied for membership befo1
the prescribed organization was born al
withdrawn before its constitution WI
brought even perfunctorily to his attic
ton, this alien would seem to a ia
American mind to lack the requisites eve
OF technical membership. If. howcve
the requisites of technical membersh
were all present. nevertheless the congre
of the United States should not hastily
presumed to have intended that reside
aliens be arrested and deported as mel
bers Of an unlawful organization when
the circumstances show the alien hims
to have been innocent of any guilty knol
edge or motive in taking membership a
when it appears not only that he is a
L.. I'LL. l,l
purpose toward this government but tn
he is sympathetic with our Demccra
institutions.
'Some members Of congress may pos
bly have intended when they voted
this law to have it construed in a n
row and un-Amercan fashion, but
would not he reasonable to infer Il
congress as the constitution law-mall
body of this country, enacted this
with any such un-Ameriean purpose
shall therefore assume in this case, as
have in large number of similar cas-
that congress intended the Act of Oct.
1918, to be considered reasonably with
erenee TO the individual knowledge ana
tent of persons drawn innocently into
unlawful membership.
Il have described this case at len
because in most if not all essentials IT
typical Of large proportion Of Fl
1000 cases | have decided after heari
in which warrants Of arrest has been
sued by the department of labor on pr
facie proof Of probable cause furnis
by special agents of the department
justice. The aliens are arrested and
prisoned; while in prison they are $
iected to a police office inquisition;
affidavit showing probable cause-upon
formation and belief is thereupon
scented to the DEPARTMENT Of labor VIII
upon the latter department issues its v
rant Of arrest takes over the Gust
of the alien as by law it is required to
and proceeds as usual under the expuls
clause of the immigration law. When
hearings at immigration stations are