Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-01-25
COMMUNISTS To |
Be DEPORTED IS
RULING MADE BY
THE DEPARTMENT.
,ISSeCretary of Labor Wilson
a'o4ss o3ss. IS Organization Is Rev
y tionary in Purpose
Within Meaning of Law
OPENS WAY TO RID
u. S. OF ALIEN REDS
Official Statement Is Given
IN F PASSING Upon Case of
Englebert Prizes, Native Of
Austria,

far MORNING JOURNAL SPECIAL LsAasp wraxfi
Washington, Jan, 24-The COM
munist party of America was held
by Secretary Wilson of the labor
department today to be "a revolu.
tionary party within the meaning
of the statutes providing for depor-
tation of aliens who affiliate with
such organization. In the specific
case of Englebert Preis, an Aus.
trlan arrested in recent raids, exe-
cutlon of a deportation warrant
was ordered by Mr.. Wilson, paving
the way for deportation of a large
number of aliens now in custody
against whom charges have been
brought. 60
me ruling was made in q formal
opinion in which documents relat-
ing to the communist party are dis
cussed and in conclusion the secre-
tary said.
The only conclusion is that tha,
communist party of America Ia an
organization that believes in, teach
es and advocates the overthrow by
force or violence OF the government
of the United States.' iSs.
Text of Opinion. M;
The text of the opinion follows.
In re Englebert Preis:
Age 81; native of Austria; en-.
tered the United States at Port Hu-
ron, Mich, November 13, 1918,
having arrived in quebec by the
s, $. Scotian June IA, 1914. This Is
case arising under the provisions
of the act of october 16, 1918. hA
1T Is alleged that the alien Is a
member of the communist party of
America, which Is affiliated with
the communist internationale. The
alien admits membership in the
communist party of America and
that II is affiliated with the COM
munist internationale. The sole
question: therefore, to be deter
mined by the secretary of labor ia:
Is the communist party of America
such an organization as described
In the act of October 10. 1918.
membership in which makes an
alien liable to deportation. The
language Of the act applicable to
this particular case Is as follows:
Cites Federal Act.
Section, l
Aliens who are members Of or
affiliated with any organization
that entertains q belief in, teaches
or advocates the overthrow by
force or violence of the government
of the United States. -
Section 2. . shall, upon the
warrant of the secretary of labor
be taken into custody and deport-
ed in the manner provided in the
act of February s.
1917
1T will be observed that belief
in, teaching or advocating the
overthrow of the government OF
the United States Is not alone suf-
ficient to bring any organization
within the scope of the act. There
must be in addition q belief in,
teaching or advocacy of force or
violence to accomplish the purpose.
Bearing that in mind we may pro-
ceed to an examination of the facts.
The manifesto and program ana
of the communist par-
ty of America and the manifesto of
communist internationale are sub
mitted in evidence and their au-
thenticity admitted. as&
What Platforms Say.
"The constitution of the CONF
munist party (see page 10 of the
requires that; EEK
Section 2. Applicants for meni-
bership shall sign an application
card reading as follows:
THE undersigned, after having
read the constitution and program
of the communist party, declares
his adherence to the principles and
tactics of the party and the COM
munist internationale; agrees TO
submit to the discipline of the par
ty as stated in the constitution and
pledges himself to engage actively
in its work.
IAN examination of the docu-
ments submitted clearly demon-
strates the fact that it is the pur-
pose 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
nine of the manifesto and program
the statement Is made:
To Conquer and Destroy.
Communism does not propose
to capture the bourgeolse parlia--
mentary state. but to conquer and
destroy it, tr
"And again on the same page:
1.-The proletariat class struggle
Is essentially q political struggle.
. The objective is the conquest
by the proletariat of the power OF
the state
MANY other statements Of SINH
lar purport are to be found In the
same document. After having
found that it is the purpose OF the
party to conquer and
destroy the government OF the
United States the next point Of In
quiry is as to how the conquest Is
to take place.
''It is apparent the communist
party does not seek to attain its
objective through the parliament
ary machinery of this government
established by and operated under
the constitution. That Is made
clear by the following
excerpt from page Is of the mani
festo referred to:
Lob Participation In parlia-
campaigns which in the
general struggle of the proletariat
Ia NJ secondary importance. In for