Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-01-24

hands of officers administering this law
which permits them to discriminate be-
tween active and nonactive members, but
it has been the policy of this depart
,ment and of the Department of Labor,
which has rendered hearty CO. operation
in these matters, to take into custody
only such persons as have been actively
identified with pernicious organization
of the nature of the Communist parties
and who are cognizant of the purposes
of these organizations.
I'm this connection / desire to point
out that each and every person joining
the Communist party is required to sign
pledge in which he states that after
having read the constitution and the
program of the Communist party he de-
clares his adherence to the principles
and tactics of the party and the Com
munist international and agrees to sub
init to the discipline of the party as
stated in its constitution and pledges
himself to engage actively in its work.
All Know Of Responsibility
Certainly it cannot be claimed that
person signing such pledge is entering
an organization with eyes closed as to
the responsibility which he must sa-
sumo as q member of the organization
out the fact that you do not agree with
the policy followed in the apprehension
of members of the organizations, but
that YOU feel that better results would
have been obtained had individuals been
prosecuted instead of large number of
persons being taken into custody. |
feel that you are not entirely cognizant
of the extent of organization existing in
the ranks of the Communists in the
United States. for these persons were so
thoroughly organized that to have ar
rested an individual member would have
been as useless as to endeavor to curb
great epidemic by merely the isolation
of one single case of disease.
Membership books and records of the
Communist parties were carefully
guarded and such records are important
as proving charges set forth in the war
rant of arrest. 1t was consequently
necessary to take into custody simulta-
neously all persons who were active
members of this organization, in order
that such records would not be destroyed
and thus defeat the ends of justice.
No Injustice in Deportation
81 also note in your communication
statements regarding the procedure fol-
lowed in the deportation of an alien. |
have carefully studied the procedure fol-
lowed by the Department of Labor in
the deportation cases and fail to ind
any single instance where any injustice
has been done to an alien. From the
outset of the proceedings his rights are
as carefully guarded as an American
citizen who is charged with any criminal
offense. The alien upon arrest is ac-
corded a hearing. where he is entitled to
be represented by counsel charged with
the protection of the rights of his client.
The immigration hearing is conducted in
strict compliance with the provisions of
the immigration law enacted by Con
grcss. When the hearing is completed,
the alien, through his counsel. is per
mitted to submit brief to the Secretary
of Labor. and the counsel may appear
before the commissioner general of i'm
migration to argue any additional point
in the case.
ANY action of the migration in
spector which the alien may construe
as improper may be called to the atten-
tion of the secretary of labor. to whom
there is always right of appeal by
counsel. The case is carefully reviewed
by the Bureau of immigration and the
commissioner general of immigration
makes his recommendation to the Sec
retary of labor. who finally passes upon
the merits of the case.
Fair Play for All Aliens
1--WE thus find that in every step of
the proceedings the alien is accorded a
full and fair opportunity to show cause
why he should not be deported. II is
incumbent upon the government to prove
that the man is an alien and to prove
that he falls within the provision of the
law. The presumption that the alien
il innocent until otherwise proven by
The government is the same rule of law
followed in the courts of law.
After the decision of the secretary
# labor has been coached and if it is
unfavorable to the alien, the attorney
for the alien may. if he SO desires and if
he feels that he has not been accorded
a proper and sufficient hearing. sue ont
a writ of habeaS corpus and the court
will then inquire as to whether or not
the rights of the alien have been fully
safeguarded. | can imagine no other
procedure which is SO fair and guards
so adequately the rights of the iudi
vidual as the procedure followed in an
immigration hearing.
Il note further your statement con =
corning the unfortunate predicament
nto which the families of the aliens are
thrown by the action of the govern
ment in the arrest Of the alien who has
been charged with violation of the
immigration law. | sympathize fully
and deeply with the unfortunate wive,
and children of the persons who have
recently been arrested. 1t is, however
the same situation which must be face(
by every judge when dealing with vic
lntor of the law, the innocent member,
of the family are called upon to make
sacrifices and to suffer for the acts o
the guilty.
Arranged Care for Needy
Immediately following the arrests o
| the Communists, ! issued instruction
to the officers of the department in tn,
cities where the arrests were made tina
| ev should at once communicate will
| the local charitable organizations for til,
purpose OF caring for any of the need,
| families. / further ordered a thor.
ough investigation TO be made into eacl
and every case where want was evi
! denced. I have failed to find any larg,
number of cases of families actually il
want. In the few cases reported where
in families have actually been in need
they have been cared for by the chari
table organizations.
You seem to be laboring under 6
misapprehension as to my attitude with
respect TO proposed sedition legislation
I told a committee of the Senate las
summer that / did not favor an exten
sion Of the espionage act beyond the wal
period, and in report that | made t.
the Senate on November IA last | said
4 have felt that it was limited to act
and utterances which tended to weaker
the waging of actual hostilities.
No Loyal American Can Oppose Bill
81 did ask, however, legislation whicl
would make it possible for us to dea