The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-04-26
FIGHT TO STOP
DEPORTATION OF
IS POLITICALS
But U. S. Is Bent On
Driving Out Radicals
BY LuDwELL DENNY.

(Staff Correspondent Of the Fed. Press)
NEW YORK, April 25.-To prevent
unjust deportation Of Is alien polit-
ical prisoners, members of the Indust-
trial Workers Of the World, who were
granted conditional Communication by
President Harding, the American Civil
Liberties union and General Defense
committee are appealing to Secretary
of Labor Davis to reopen hearings on
these cases. A protest melting called
by the two organizations at the Civic
club, New York, passed a resolution
asking Secretary Davis to take action
which will permit the men to remain
in the United States on the ground
that they were convicted solely for ex-
preston of opinion which does not
render them undesirable residents
that deportation would add another
penalty to their imprisonment, and
that they merit special consideration
in view of Harding's action.
This appeal was originally to have
been made in behalf Of II aliens. But
William Weyn, German, has died
from tuberculosis, following imprison-
ment. Jacob Tori has already been
deported to Italy, where the Fascist
are awaiting to get him. The acting
immigration commissioner in Wash
ington has already reopened the cases
of John Avilla (Portugal) and Morris
Levine (Russian).
A recent supreme court decision in
the case of five of the men overruled
the district court on the ground that
they do not come under the ex post
facto provision of the immigration
act by which Secretary Davis had or
dered their deportation. The supreme.
court further ruled that deportation
cannot legally be considered punish
ment. The court returned the cases to
the secretary Of labor because con-
viction under the espionage act does
not constitute proof that the convict
ed are undesirable residents. The Sec
rotary of labor may on either grounds,
however, declare them undesirable.
This Davis can do without further
hearings. The five men referred to
others than Avilla whose case has
been reopened, are: VIM. Moran, Aus
tralia; Herbert Mailer, Canada; Pie
tro Nigra, Italy; Joseph Oates, Eng
land. Except Nigra who served a full
term of Is months, these men served
full five-year sentences at Leaven-
worth and refused Harding's commu-
tation.
Five others, held at Ellis Island for
tv , months after accepting Harding's
Communication, are out on bond under
appeal against the decision of Justice
Manton denying release on wits of
habeas corpus. Their cases are await
ing arguments in the U. S. court of
appeals. They are Richard Brazier,
England; Joe GRADER, Poland; Peter
Green, Czech-slovakia; Don Sheridan,
Scotland; James Slovick, Russia.
The four remaining cases are pend
ing in the courts: Harry Lloyd and
Bert Lorton, England; James Null
rooney, Australia; James Phillips,
Russia.
Most of the men left their native
country many years ago, have forgot
ten the language and. are without
friends or relatives there. They are
penniless and if deported some must
leave behind wife and children who
are American citizens, Richard Bra
zier, one of the men, told the Civic
Club meeting. Roger Baldwin, Civil
Liberties union, presided. About $3.50
was raised for the defense.