The New York herald., 1922-01-13
BOSTON REDS LOSE,
ORDERED DEPORTED
The Four Are Among Score
Freed in 1920 by Judge
Anderson.

Special Dispatch 10 THE NEW ioRK HEzAID
Boston, Jan. 12-William Colyer. his
wife, Amy Colyer of Wellesley. with
Frank Mack and Lew Bombay. four of
the scores of radicals rounded UP in
raids two years ago. to-day were placed
in the hands of United States Commits
sioner of Immigration for deportation.
in an order handed down by the United
States Circuit Court of Appeals.
The ruling, which was made with
Judges Bingham Johnson and Brown
sitting, contains the opinion that the
Communist party of America is
menace TO the Government of this coun-
try and Is a reversal of the famous
decision of former United States District
Judge George w. Anderson. now Inter
state Commerce Commissioner. who
ruled the four with sixteen others had
not advocated force and violence" I'm
their teaching of Communist theories
and ordered their discharge.
The United States District Attorneys
Office appealed the ruling made by Judge
And erson on the four cases and they
We're argued in the Court of Appeals.
The other sixteen were discharged and
are at liberty, their cases not being
appealed.
To-day's opinion from the three
Judges. which was written by Judge
johnson, says in part:
THE District Court ordered the re-
lators discharged on the grounds there
was no evidence before the immigration
inspector to show the Communist party,
to which the REALTORS admitted they be-
longed. believes in. advocates or teaches
the overthrow of the United States Gov
ernment by force or violence within a
fair meaning of the words overthrow,
force and violence
Literature II Studied.
eve have carefully examined these
exhibits Communist literature) for the
purpose of ascertaining whether they
contain statements which giving to lam
guage its ordinary meaning, would war
rant any reasonable mind in reaching
the conclusion that the Communist
party teaches or advocates the over
throw by force and violence Of this
Government as now constituted.
I'VE think 1t would be going far
afield 90 say that, from such statements
of purpose" Gas contained in the liter
ature) mo reasonable man could reach
the conclusion that force and violence
are the necessary instrumentalities for
its accomplishment and are contem-
plated. and that, IL consummated, IL
would overthrow the Government as
now constituted. On the contrary, II
seems to us that a program which adj
vocates the disarmament of the armed
forces of the existing state, the arm
ing of the labor and the formation Of
q Communist army to protect the rule
of the proletariat affords substantial
evidence that the Communist party. OF
which the relators are confessed and
avoved members. teaches and advocates
the overthrow Of Government by force
and violence
The Assistant Secretary Of Labor ap-
proved the decision of immigration off,
cials here that the Reds should be de-
ported. and warrants for deportation
were issued against the four and their
sixteen companions. On petitions for
habeas corpus the aliens brought their
cases before Judge Anderson in the
Knitted States District Court, and after
a hearing extending over several weeks
Judge Anderson In a decision covering
eighty-fve typewriter pages ordered all
released. The Government appealed the
release OF the Colyers. Mack and Bon
day
''It is not clear" the Circuit Court
opinion says, that the judge sitting in
the District Court had before him all
the evidence that was presented to the
Secretary Of Labor ana upon which he
based his order for deportation. +
But II II be assumed that the Dis
trict Court had all the evidence before
it that was before the Secretary of
Labor. and that 1t consisted solely of
the Government exhibits containing the
manifesto and program and constitution
of the Communist party of America, the
question is whether these documents
offered substantial evidence to justify
the deportations for the reason assigned.
Declarations OF Purpose.
Following are some of the declara-
tions of purposes and program which.
whether found in the manifesto inter
national or ir the manifesto and con-
stituticn OF the Communist party Of
America. are binding upon a member of
the latter. for in the application for
membership the applicant declares his
adherence to the principles and tactics
of the party and the Communist Inter-
national:
Communism does not propose to
capture the bourgeoise parliamentary
state but to conquer and destroy 1t. AS
long as the bourgeoise state prevails the
capitalist class can battle the will of the
proletarist.
Therefore it is necessary that the
prolctarist organize it's own state for
the coercion and suppression of the bour-
geoise.
Conquest OF the political power
means not merely a change in the per-
sonnel of ministers but humiliation OF
the enemy's apparatus of government >.
disarmament OF the bourgeoise. OF the
counter-revolutionary officers, OF the
white guard: arming OF the proletarlst.
the revolutionary soldiers. the Red Guard
OF worlSingmcn.