Omaha daily bee., 1920-01-25
EJMMUNISTS
IEL D OUTSIDE
Law BY WILSON
Secretary Of Labor Cites Legal
Authority and Consti.
tuition to Back Up
Decision.


Decision.
Washington. Jan. 24-The com.
munist party of America was held
by Secretary Wilson of the Labor
department today to be "a revolu.
tiopary party" within the meaning
of me statutes providing for depor-
tation OF aliens who affiliate with
such organizations. In tie specific
case of Englebert Preis, an Aus.
trian, arrested in recent raids, exc
cution of deportation warrant was
ordered by Mr.. Wilson, paving the
way for deportation of large num-
ber Of aliens now in custody and
against whom similar charges have
+. been brought
The ruling was made in q formal
opinion in which documents relating
10 the communist party are discussed
and III conclusion the secretary said:
"The only conclusion is that the
communist party OF America is an
organization that believes in,
teaches and advocates the over
throw by force or violence Of the
government Of the United States"
Text Of Opinion.
The text Of the opinion follows:
'In re Eng'chert Preis:
Age 81; native of Austria; en-
tered the United States at Port
Huron, Mich, on November Is,
l9ls, having arrived in Quebec by
S. S. Scotian. June IA, 1914. This
is case arising under the provision
OF, the act of October 10, 1918.
1T is alleged that the alien is a
member OF the communist party Of
America. which. is affiliated with the
communist international. The alien
admits membership in the communs
ist party of America and that it is
affiliated with the communist inter-
national The sole question there
fore, to be determined by the sccre-
stary of labor is: Is the communist
party Of America such an organiza-
ton as is described in the act OF Oc-
tober l6, 1918, membership in which
makes an alien liable to deportation.
The language Of the act applicable
to this particular case is as follows;
" Overthrow by Force.
Section /.
Aliens who are members of or
affiliated with an organization that
entertains belief in, teaches Or ad-
voeates the overthrow by force or
violence Of the government of the
United States...,
"Secton b.. Shall. upon the
warrant of the secretary, of Ia
boF, pe taken into custody and de-
ported insthe manner provided in the
immigration act of F Nbruary S, 1877
1T Will De observed that belief in,
teaching or advocating the over
throw bf Tie government of the
United States is not alone sufficient
to- bring any organization within
The scope a the act There must in
addition be a belief in. teaching or
advocacy Of force OK violence to ac-
coinplish the purpose. Bearing that
in mind We may proceed to an ex-
-dWfadlloi OF me facts.
"Thc manifesto and program of
and constitution of the communist
party Of America and the manifesto
OF the e9nri:mnist international are
submitted in evidence and their au-
,henticity admitted.
Communist Constitution.
/"The constitution of the commune
ist party (see page lo of the mani
festo) requires that:
Section 2. Applicants for mem-
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 tao
tics Of the party and The communist
agrees to submit to the
discipline OF the party as stated in its
constitution and pledges himself to
engage actively in its work.
An examination OF the documents
submitted clearly demonstrates the
TACT that it is the purpose of the COM
nunist party 10 overthrow the gov
crnment 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:
Communism does not propose to
capture the bourgeoise parliamen-
tary state, but to conquer and de-
ssrov it.
And again on the same page:
Political Struggle.
I" The pro!.tariat class struggle is
essentially political struggle. 80.
The. objective is the conquest by the
psoletafiat of the power of the state
MANY other statements of similar |
pnrpori are to be found in the same !
docyment. After having found that it |
is the purpose of the communist
party to conquer and destroy. the
Of the United States, the !
nsxt point of inquiry is as to how the |
conquest is to taie place.
1T is apparent the communist
party does rot seek to attain its OBJ
iective through the parliamentary |
of this government, es-
tablished bv al d operated under the
constitution. That is made sufi-
GENTLY. clear by the following ex-
ccrpt from page Is of the manifesto
referred 4ci
"AB)-participation in parlia-
campaigns, which, in the |
general struggle of the proletariat,
is OF secondary importance, is for |,
the purpose of revolutionary propa-
sanda only 1
Same Process Goes On.
And, again, from pages 9 and 10
of the same document: I
u" In those countries where the
conditions for a workers revolution
are not yet ripe, the same process
will Uo ~, The See of osrt;or,s en-