New-York tribune., 1921-01-26
Palmer Hotly
Criticized at
Senate Inquiry
prof. Chafec, of Harvard
Law School, Says Consti-
mtion and Statutes We're
Ignored in Red Raids
Arrests Without W variants
l)eclares Labor Department
Rule Giving Aliens Right
10 Counsel Was Nullifed

r,sx, The Tr,baEs'S Washington Bureau
WASHINGTON, Jan. 25. - Attorney
c.,sral Palmer and the Department of
sshsr came in for severe criticism to-
ssr before the Sterling subcommittee
= .he Senate Judiciary Committee De-
y ..nse Of alleged disregard 6f the law
ssd the Constitution in dealing with
.sn and women arrested with a view
!. deporta&lon in the Red raids.
~professof Zachariah Chafee jr.. of
-, Harvard Law School, and Dean
Williams of st. Louis, of the COM
-,stse Of twelve lawyers which has
,ssreed the Department of Justice and
rsnartment of Labor with overriding
..,sonal rights, were before the COM
,r,;,tee. Professor Chafee was the
,r;rcpal witness.
'professor Chafee told of large num-
,.rs of arrests in the Red raids with
~, warrants and of large number of
s.srehes and seizures without war
arts. He held the disregard of the
.w and Constitution were of the
s,oadest Importance, because if the
isv was disregarded in one instance it
would be in others.
The charge that the Department of
fsbor changed its rule requiring aliens
involved in deportation proceedings to
i. allowed to have counsel in the pre-
lminary Investigations, so that the
right Of counsel was practically taken
:rou those who were arrested in the
Rad raids in the preliminary investiga-
tious. was made by Professor Chafee.
Ne presented evidence to show that
Secretary OF Labor Wilson established
. rule in March, 1919, which was cal
sulsted to give aliens the benefit of
.ounsel. But when Secretary Wilson
vas i'll. without his knowledge, just be-
iore the Red raids of the Department
Il Labor and Department OF Justice,
Ne rule was virtually nullifed. Pro-
s,ssor Chafee said that as the rule
Vas changed the alien under investiga-
tjcn was deprived of counsel until the
INQUIRY was practically at an end and
he government had been gwen op-
portunity to establish its case.
After Secretary Wilson recovered and
ysturned to his office late in January,
1880, and after the Red raids, he re-
stored the rule which he had estab-
lshed in the first place.
Il don't know whether this is due
process of law or not" said Professor
ckstee, "but can't think of any dirtier
niece Of business than this"
He said that under the procedure
which was followed the ignorant alien
yss left helpless and without assist
,nce Of counsel.
The rule of Secretary Wilson in
tnded to afford aliens the advice of
sunsel was known as Rule %. The
,sange in Rule % was promulgated
vile John W. Abercrombie, solicitor
1.-THE Department of Labor, connected
nth the Department of Justice, was
king Secretary of Labor.
Professor Chafee testified chiefly with
relation to the Boston case involving
1 large number of aliens, known as the
Colyer case, arrested with a view to
deportation, which had for it's sequel
decision By Judge Anderson, of the
Federal Court, castigating the course
Of the Department of Justice and De-
partment of Labor in severe terms.
At Deer Island, Boston, according to
he witness, about 100 persons were
held without warrants. He said the
conditions which he learned of in con-
nection with the case that came before
Judge Anderson were worse than those
sss forth in the report of the Com
nittee Of Twelve
Illustrating the procedure of the De-
fsrtment of Justice. for which he said
lie Department of Labor became prac-
seally rubber stamp" he named the
use Of Henry Steiner, of Boston, an
American citizen, twice arrested with
I view. to deportation without war
nnt Aoreovsr, his house was searched
far communist literature without a
ssarth warrant. Professor Chafec
CITED this as showing failure of the
pepartment OF Justice to observe the
Is1l and constitutional rights of
persons.
Professor Ckafec said that in de-
sssation proceedings but three safe
Esards are provided by the Constitu-
tion and laws. "All three" he said,
have been violated by the Attorney
GENERAL and mir agents. First, Con-
psss expressly provides that an alien
sn be arrested Tor deportation only
bis arrest is a:dered by a warrant
ilvn the Secretary of Labor. A citizen
tsfnos be arres.ed at all. Secondly,
ne Constitution forbids searches and
s'zures which are unauthorized by
~ and there is no law whatever
ss1crizing them in deportation pro-
Sseings, either with or without q
surant. ThirS.7, An alien is entitled
na fair tria,.S