The Washington herald., 1920-12-17
DEP0RT
SOVIET ENVOY
WHSONRULES
Martens, Held Inimical to
u. S.-Will Be Sent
To Russia.
PRESIDENT WILSON
CONFIRMS ACTION
Appeal May Be Taken
Also Faced Charge OF
Gem Smuggling.

Wilson yesterday directed the Soin-
missioner General of immigration to
deport Ludwig C. A. X Martens. So
called Ambassador" from the Rus
sian Soviet government to this coun-
try on the ground that Martens Is
an official of the present Russian
government which advocates the
overthrow of the government OF the
United States by force. and as such'
under the immigration act Of Octo-
Der l6, 1918. is liable to deportation.
The Secretary ruled that Martens
personal attitude on overthrow OF
this government was not the decid-
ing factor, and the finding was based
on the official status OF the Russian
agent.
Following announcement OF the
Secretary's ruling. there was no
comment at either the Justice OF
Labor departments, where dissen-
sions have arisen over the deporta-
ton issue. The order followed re-
view of the case by Secretary Wilson
and submission to the President OF
the findings in the case. The Presi-
dent is said to have approved the
ruling at the last Cabinet meeting,
where, il is understood, 1t was dis
cussed by several Cabinet officials.
To BE Sent to Russia.
Under direction of the order. Mar
tens, who has been in thfs country
since 1916, will be deported to Rus
sia at the expense of the United
States government. He will further
be treated with the utmost cour-
tesy and given the best available
accommodations In transit.
Former Senator Thomas w. Hard
wick, of Georgia, counsel for Mar
tens, has been notified TO surrender
his client to the immigration au-
thorities for execution OF the de-
port AZ don. warrant, in accordance
with the terms OF his parole.
If the deportation order is sus-
tanned il is probable that il will
be necessary to charter a special
steamer to transport Martens TO
Reval, in Esthenis, from which point
transportation can be secured to
the frontier of Soviet Russia.
with the case expect there may be
an appeal made from the Secretsry's
decision and it was reported here
last evening that attorneys for the
defense expect to institute habeas
corpus proceedings. At present
Martens is in the parole of his at
torneys from the custody OF the
Department of Labor. II an appeal
r-n1nndfnrG 9
taken it is believed it will be either
in the Supreme Court of the Dis
trict of Columbia, or in the United
States District Court for the South
ern District of New York, as the
Emma Goldman appeal was taken.
Appeal would then be available
either directly to the United States
Supreme Court or through the sec
ond Circuit Court of Appeals for
New York and thence to the Su-
preme Court. depending on the de-
lay the defense may wish to effect.
Any attempt at delay, it is be-
lieved, will be circumvented by Off
cisls here and the case may be eN-
pedited as was the Goldman case a
year ago when the Supreme Court
acted within a week after the first
appear was taken.
Outline Of Ruling.
That he is an official of the So
Wet government of Russia is not
controyerted," said the ruling as
made public by Secretary Wilson.
THE Soviet government conducts a
propaganda in the United States for
the purpose of creating an insurrec-
tion to overthrow the government
of the United States by force and
violence. as has already been pointed
out. 1t is further shown that Lenine
has proposed to withdraw the propa-
sanda in turn for political and COM
mercial recognition and intercourse
between Russia and the United
States. II there was no improper
propaganda being conducted, there
would be nothing to withdraw. Mar
items is an official of and therefore a
member of or affiliated with the So
Wet government. an organization
that entertains a belief that it
teaches or advocates the overthrow
by force or violence Of the govern
ment of the United States, and this
fact taken in conjunction with his
expressed belief in and approval of
the third international, proves that
he believes in the overthrow by force
or violence of the government of the
United States"
Secretary Wilson dismissed the
diplomatic plea for immunity made
by Martens as Ambassador from the
Soviet government on the statement
that while he was the accredited
representation from that govern
ment he had never been received by
the President and therefore had no
accredited status before this govern
ment.
Others May Go.
One of the results of the decision
in the Martens case is that il clears
the way for further deportation
proceedings. The government il was
learned will now prepare to push
the similar case against Gregory
Weinstein, counselor OF the Soviet
embassy, an employe of Martens.
Santeri Nuorteva, formerly secretary
to Martens, has fled this country and
returned to Russia
Had the decision Of the Labor Sec
retary been against deportation, II
is understood. officials of the Justice
DEPARTMENT were prepared to prefer
technical charges against Martens
for smuggling diamonds into this
country. Through Swedish emis-
sary named Jacobsen. IL Is alleged.
Martens receiyed money and Jewels.