The Birmingham age-herald., 1920-01-25

MT. Rainey, after several attempts to defeat MT. Burnett, secured the seat following his death
 not alone sufficient to bring any organ ization within the scope of the act. There must in addition be a belief in, teaching or, or admocacy of force or violence to accomplish the purpose. Bearing that in mind. we may proceed to an examination of the facts
 \ 'sThe manifesto and programme and the constitution of the communist party of America and the manifesto of the com munist international, are submitted in evidence and their authenticity is admit ted in evidence and their authenticity is admitted. The constitution of the com munist party (see page 19 of the man. ifesto) requires that:
 Sec. g.. Applicants for membership shall sign an application card reading az follows:
 "'The undersigned. after having read the constitution and programme of the communist party, declares his adher- ence to the principles and tactics of the communist international; agrees to sub init to the discipline of the party as stated in it's constitution, and pledges himself to engage actively in its work An examination of the documents submitted clearly demonstrates the fact that it is the purpose of the communist party to overthrow the government of the United States. There are many statements that might be quoted show ling that purpose. The two following are typical On page of the manffes to and programme, the statement is made:
 Communism does not propose to Capture" the burgeoise parliamentary state, but to conquer and destroy it.
 And again on the same page:
 "'The proletarian class struggle is Essentially a political struggle The objective is the conquest by tho proletariat of the power of the state'"
 METHOD OF CONQUEST
 Many other statements of similar purport are to be found in the same document. After having found that 1t is the purpose of the communist party to conquer and destroy the government of the United States, the next point of inquiry is as to how the conquest is to take place.
 Tt is apparent that the communist party does not seek to attain it's ob- jective through the parliamentary ma chinery of this government, established by and operated under the constitution. That is made sufficiently clear by the following excerpt from page 5 of the manifesto referred to:
 "'B) Participation in parliamentary campaigns which in the general strug- gle of the proletariat is of secondary importance, is for the purpose of revo- lutionary propaganda only
 And again, from pages 9 and 10 of the same document:
 ~Tn those countries where the con ditions for a workers revolution are not yet ripe, the same process will go on. The use of parliamentaryism, how ever is only of secondary importance.'
 And further on page 10:
 ""The parliamentaryism of the conn munist party performs a service in mo- bilizing the proletariat against capi- talism emphasizing the political char acter of the class struggle.'
 TO ADOPT OTHER MEANS
 'The parliamentary processes estab- lished by our government are to be dis carded or used for propaganda pur- poses only and other means Adopted for overthrowing the government of the United States. These means are stated at considerable length and frequently reiterated, seemingly for purposes of emphasis. The conquest of the power of the state is to be accomplished by the mass power of the proletariat.
 Strikes are to be broadened and deep ened, making them general and militant, and efforts made to develop their revo- lutionary implications. The strike is to be used not simply as means to secure redress of economic wrongs, but as a means through which the government may be conquered and destroyed. A few excerpts from the communist party and communist international manifestoes will make these statements evident.
 Thus, on page IS of the manifestor and programme of the communist party of America, is the following:
 The communist party shall partici- pate in mass strikes, not only to achieve the immediate purposes of the strike. but to develop the revolutionary implications of the mass strike
 And then, making the purpose still more clear, we have the following from page 90 of the manifesto of the commit mist international. with which the com munist party of America is affiliated, and whose manifesto is accepted as part of the policy of the party:
 The revolutionary era compels the proletariat to make use of the means of battle which will concentrate it's entire energies, namely. mass action with it's logical resultant direct conflict with the governmental machinery in open com bat. All other methods. such as revo- lutionary use of bourgeoise parliament arism. will be of only secondary signifi- cance.'
 REVOLUTIONARY PARTY
 From these quotations and numerous other statements in the manifesto, not herein quoted, it is apparent that the communist party of America is not merely political party seeking the con- trol of the affairs of state, but a revo- lutionary party seeking to conquer and destroy the state in open combat. And the only conclusion is that the com munist party of America is an organi zation that believes in, teaches and ad- vocates the overthrow by force or vio- ience of the government of the United States.
 Tt does not devolve upon the secre- tary of labor officially to determine whether Congress was wise in creating the law or the communist party wise in creating the facts. It is his duty to apply the law to the facts as he finds them. It is mandatory upon him to take into custody aliens who are members of this organization and deport them in the manner provided for in the immigration act of February 5. 1917. >E
 Your memorandum of January IT, 1920, recommending that the department issue it's warrant for the deportation of Engel- bert Preis. such deportation to be to Austri,. at government expense. is here