The toiler. [volume] (Cleveland, Ohio) 1919-1922, 1920-06-11
PALMER AND Dept. OF JUSTICE GR|D|RONED

WIN DlacBJacks, SCruCk Win 1iStS,
Jailed under abominable conditions, or
actually tortured. Exhibits are in our pos
sessions and affdavits and evidence
of these practices.
The Fourth Amendment to the Con.
stitution provides:
"'The right of the people to be
secure in their persons, papers, and
effects, against unreasonable search.
es and seizures, shall not be violated,
and no Warrants shall issue, but upon
probable cause, supported by Oath or
affirmation, and particularly describ-
ing the place to be searched, and the
persons or things to be seized
"Many hundreds of citizens and
aliens alike have been arrested in
wholesale raids, without warrants or
pretense of warrants. They have then
either been released, or have been de-
tanned in police stations or jails for
indefinite lengths of time while war
rants were being applied for. 1t has
been established in open court before
Judge Anderson in Boston, Mass, that
warrants of arrest were dispensed with
pursuant to express written instruct
ions from the Department of Justice
at Washington. The cases are far too
numerous to catalogue, but typical in
stances may be found in Exhibits. The
secret instructions of the Department
also appear as Exhibits.
In countless cases agents of the
Department of Justice have entered
the homes, offices or gathering places
of persons suspected Of radical affil-
iations, and, without pretense of any
search warrant, have seized and re-
moved property belonginc to them for
use by the Department OF Justice. In
many of these raids property which
could not be removed OF was not USE
full to the Department, was intention.
ally smashed and destroyed. One Ex.
,lhibit is a photograph of the interior
Of a house raided by the Department
of Justice. Other Exhibits give recent
opinion of the L. S. Supreme Court IN
a non.radical case, condemning seizure
without warrant by the Department of
Justice, and the opinion of the U. s.
Circuit Court in Montana in a more
flagrant case.
"We do not question the right of
the Department of Justice to use it's
agents in the Bureau of Investigation
to ascertain when the law is being
violated. But the American people has
never tolerated the use of under.cover
provocative or "agcnts provocateurs,
such as have been familiar in old
Russia or Spain. Such agents have
been introduced by the Department OF
Justice into thai gdical movements
have reached positions of influence
therein, have occupied themselves witt
informing upon or instigating act.
which might be declared criminal, and
at the express direction of Washington
have brought about meetings of ra
IDEALS in order to make possible whole
sale arrests at such meetings.
The Fifth Amendment provides as
follows:
No person shall be compelled in
cIy criminal case to be a witness
against himself, nor be deprived OF
life, liberty, or property, without Cue
process of law
1t has been the practice of the De.
partment of Justice and its agents
after making illegal arrests without
warrant, to question the accused per.
son and to force admissions from him
by terrorism, which admissions where
subsequently to be used against him in
deportation proceedings. Instances Of
ills sort appear in various Exhibits
Attention is also called to the Cannone
case, in which Department agents
committed assault, forgery and per
jury.
"The legal functions of the At
tornoy General are: to advise the Gov
arnment on questions of law, and tc
prosecute persons who have violated
federal statutes. For the Attorney
General to 60 into the field of pro
paganda against radicals is a deliber
ato misuse of his office and a deliber
ote squandering of funds entrusted L
him by Congress. One Exhibit is ,
copy of a form letter sent out /,
the Attorney General under date o.
January %, 1920, to many magazine,
and editors throughout the country
1 deliberately intended to prejudice then
in favor Of his actions. Another Ex
o hibit is description of an illustrated
. prgo offered free to country news
Slpapers at the expense of the Depart
!. mnt Of Justice, patiently designed t.
u affect public opinion in advance o
y court decision and prepared in tn
Q manner of an advertiuing campaign Il
II favor of repression. These document
y Ispesk for themselves.
u "The Exhibits are only a small par
. of the evidence which may bo presen,