The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-04-17
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before its constitution was brought
| even p-otunctorily 70 his attention.. inns
alien would seem 70 ia'r american
mind lack the requisites even "i telnh!-
cal membership. II however tn" r"Cul"-
ties OF technical membership were al
present. nevertheless tn" congress ~
the United states should not hastily D"
presumed 70 have intended mat resident
aliens be arrested and d"portcd rs n"m-
b"rS Of an unlawful organization Wh'n
all the circumstances SHOW the alien
himself TO have been innocent OF ANY
guilty knowledge or motive IN taxing
membership and When u APPEARS not
only that he is and has been wholly 'r"''
from any hostile purpose toward tA'S
government. but that h" IL >y'"nIlnyu'
Ono OF Many Cases.
Some members OF congress may pos
sibiy have intended when tn"N VOTED i"r
this law 20 have ~ construed IN 4 mar
row and un-.\mcriCau laShnn; pEt
would not bc unreasonable" - int"r mat
congress as the constitution law-mak'nS
body OF this country. enacted thus Jaw
with any such Uu-Nmcrlcan purpose.
shall therefore aSSulu" IN tNlS C'N.''. aS
have IN large number "i similar 'hSr',
that congress intended The Act OF b,i"-
Der It. 1915. to h. considered reasoning"
with reference 10 the indy iGual know
ledge and intent Of persons drawn unu-
Gently into an unlawful membership.
Il hav" described this casa 1T i'nGih,,
because in most { not all essentials II
is typical Of Il larG" proportion Of lullN
l.00U cases have decided after hearings
in which warrants Of arrest has been
issued by the Department Of Labor on
prima facic proof OF probable cause
furnished by special agents Il tn" De
partmrut Of Justice. The aliens arc ar
rested aud imprisoned; Will" IN prison
they are subjected ~ Al police oihc" in
qu;Sition: an affidavit showing probable
cause--upon reformation and belief
is thereupUn presented 10 the Depart
rnent of Labor whereupcn the latter De-
partment issues its warrant of arrest
takes over the custody OF tho alien as
b. law IL is required TO do and proceeds
as usual under the expulsion clause or
the immigration law. When IN" hear
iugs at imUlig ration stations arc report
cd verbatim IN regular course to the
Department OF Labor. tn" secretary or
his lawful representative comes TO cH-
large proportion OF the larG" number Of
cases | have examined that there IL no
better reason for deportation than IS diS-
closed IN The present cas-.
Not Anarchists.
an some cases the membership Is
automatic" the arrested allen having
been transferred from lawful "rGani-
cation TO tho unlawful one 10y Not" Of a
group or branch of the iormcr and with
out his knowledge. In som" cases no
has had no knowledge OF the transfer
but mono at all of the character Of the
organization to which he has been trans
ICrECi. In OINtf cases 10 mas S'-ttN
applications before the existence ct the
unlawful organization and has never
confirmed his membership by any CON
sCiOuS act. Sometimes an organizer or
a friend has signed tho Application Tor
him. AZ Il rule. tn" hearings show the
aliens arrested - bc working men or
good character who hay" never boon
arrested before, who aic not anarchists
or rcvolutiou;StS nor politically or
otherwise dangerous in any sense.
MANY of them a. IN this case have
American barn children. 1t IS p.iitul to
consider the EIrdShlrS - which they
and their families Lay" been subjected
during the past thrcr or Tour months by
arbitrary arrests. Long dctcntinu in
default OF bail beyond Tho means OF
hardwork!uG. waEc-Cacncr$ t. 81" Tor
nothing more dangerous than alhlIdilnE
with friends OF ih"Ir own rae, country
and language and without tn" slightest
Indication Of sinister m"ilv" or amy uu-
lawful act withtu lhcIr knowledge or IN
Drastic Proceedings.
ITO permit aliens TO Nlolat" tn" hos
pitality OF tins country hy CUnSplrinE
against Il is something which no .Nmcrl-
can can CuIt"mplai" with patience.
Equally impatient. however. must any
rayriOtI" American bc with drastic pro-
rc"diuSs on fiusy proof to d"purt aliens
who are not Cru$plrinE against cur
laws and do not intend t.. Although
these are. not criminal nru"", dluE~. h"-
iu& wholly administrative ~ tH"'r char
actor. their effect Upun t." Inr"'"ni IN
di.ldual who IN this summary way is
him and his family - lbs friends and &"
his neigh boris a. tn" effect "l conviction
for crime by regular Judicial rr"c"SN't.
~ a consequence Of lit Tor, i,DI'l.
case. Mr.. Post has drawn az certain
rules for tn" gujdanc" 90 his department
~ handling deportation ARRESTS. This
series Of rules has corn" ju for sever"
criticism at ia" prPnr' W"ut Of luSt:l"
~, osF,trIr,l that 90 a rprf.ftprs B.