The New York herald., 1920-01-25
ALIENS IN COMM UNIST PARTY
SUBJECT TO DEPORTATION AS
REVOLUTIONISTS, WILSON RULES
Secretary of Labor Hands Down Opinion to Show Purpose
of Organization Is Overthrow of the
Government

WASHINGTON. d. c., saturday.-Thc
Communist party of America was held By
Secretary Wilson, of the Labor Depart
ment today to be "a revolutionary party
within the meaning of the statutes provid
ing for deportation Of aliens who affiliate
case Of Engelbert pre- is. an Austrian
Iarrested in recent raaids. execution of q
deportation warrant was ordered by Mr.
Wilson, paving the way for deportation
OF large number of aliens now in Gus
tody and against whom similar charges
have been brought.
The ruling was made in formal opinion
in which documents relating to the Com.
munist party are discussed and in con.
clusion the Secretary said
Teaches Overthrow by Force.
"The only conclusion is that the Com.
munist party of America is an organiza
ton that believes in, teaches and advo
Gates the overthrow by force or violence
Of the government of the United States
The text of the opinion follows
'In re Engelbert pre- is
age thirty-one; native OF Austria
entered the United States at Port Huron
Mich, on November l3, 1915, having ar
rived in Quebec by steamship Scotan, June
il, 1914. This is case arising under IL,
provisions OF the act Of October 16. 1918.
1T is alleged that the alien is a ,nembe,
of the Communist Party of America, which
is affiliated with the Communist Inter
national The alien admits membership
in the Communist Party of America, anC
that it IS affiliated with the Corumuns
International. The sole question, there
FORE to be determined by the Secretary oi
Labor is, is the Communist Party OF
Anerica such an organization as is de-
scribcd IN the act of October 16, 1918
m embership in which makes an alien liable
to deportation? The language of the act
applicable 10 this particular case is as
follows:-
Defines Status OF Alien.
Section l. Aliens who are
members of or affiliated with any organ
ize tion that entertains belief in. teaches
or advocates the overthrow by force or
violerce Of the government of the United
States.
Section 2 "Shall. upon the
warrant of the Secretary of Labor. be
taken into custory and dcported in the
manner provided in tho immigration act
Of February 5, 1917.
1T will be observed that belief in, teach
ing or advoca ting the overthrow of the
government of the United States is not
alone sufficient TO bring any organization
within the scope of the act. There must
in addition, be a belief in, teaching or ad-
vocacy of force or violence to accomplish
the purpose. Bearing that in mind, we
may proceed TO an examination of the
facts.
THE manifesto and programme and
constitution of the Communist party ct
America and the manifesto of the Com
munist international are submitted in evi-
dence and their authenticity admitted
The constitution of the Communist party
(see page No. 10 Of the manifesto) re-
quires that
Provisions for Membership.
Section 2.--Appicants for membership
shall sign an application card. reading "a
follows:-
1.-The undersigned. after having read
the constitution and programme Of the
Communist party, declares his adherence
TO the principles and tactics of the party
and the Communist International. agrees
to submit TO the discipline of the party
as stated in its constitution and pledges
himself 20 engage actively in its work.
IAN examination of the documents sub
mtted clearly demonstrates the fact that
IL is the purpose of the Communist party
to overthrow the government of the United
states. There are many statements that
might be quoted showing that purpose.
The two following are typical on page
No. of the manifesto and programme
the statement is made;-
Communism does not propose 10 cap
ture' the bourgeoise parliamentary state,
but to conquer and destroy it
And again, on the same page
THE proletarian class struggle is essen
TALLY a political struggle. The OBJ
tective is tho conquest by the proletariat
OF the power OF the state"
Question OF Procedure.
Many other statements OF similar pur.
port are 10 be found in the same docu-
ment. After having found that Il is the
purpose OF the communist party 10 con.
quer and destroy the government of tho
United States, the next point OF inquiry
is as TO how the conquest Is TO take place.
"2It Is apparent that the communis,
party does not geek 10 attain its objective
through the parliamentary machinery OF
this government. established by and oper-
ated under the constitution. That is made
sufficiently clear by the following oX-
cerpt from page IS OF the manifesto re-
ferred to-
Obj Participation in parliamentary
campaigns which in the general struggle
OF the proletariat is OF secondary import.
ance. is for the purpose OF revolutionary
propaganda only
And again from pages , and 10 OF the
same document
" In those countries where the condi-
tions for n workers revolution are not