Evening star., 1938-08-31
BRIDGES HEARING
REFUSAL is HIT
Dies 'Astonished' Secretary
Perkins Is Unwilling to
Enforce the Law

Declaring he was "astonished" at
the refusal of Secretary Of Labor
Perkins to Immediately reopen depor-
tation hearings against Harry Bridges,
West Coast c. I. O. leader, Chairman
Dies of the House Committee on un-
American Activities said today he was
asking only that Miss Perkins enforce
the law in the Bridges case, which
she has not done to this date"
Secretary Perkins had bluntly re-
fused q demand from the Dies COM
mittee that she Immediately resume
deportation action against Mr. Bridges.
accused OF being q communist.
Representative Dies. on receiving
notice of her action while he was en-
route to Texas. said:
1T is laughable for a member Of
an executive department.. especially
Miss Perkins, to complain that a Con-
gresham was trying to usurp the
functions of a Government depart
ment. All that am asking as a
member of Congress is that she en-
force the law In the Bridges case,
which she has not done to this date.
Il do not know to what factors
she alludes in her statement unless
they are political, because the depart
ment file does not reveal even q
plausible excuse for the astonishing
action Of the Secretary in practically
dropping the Bridges case. II she
waits until the Supreme Court acts
upon the Strecker case. as announced.
the witnesses will all be gone and
there will be no use to proceed"
Usurpinx Of Duties CHARGED.
Terming the Dies demand an at
tempt to usurp the duties Of an ex-
ecutive department, Miss Perkins
wrote:
The fact that Communists are
unpopular, and agree in this. does
not justify us in placing within that
category every other unpopular per-
son. nor in deporting them without
scrupulous regard for the due process
OF law, the clear and certain ruling
OF the courts and the facts in the case.
Perhaps it is fortunate that Shirley
Temple was born an American citizen
and that We will not have to debate
the issue raised by the preposterolx
revelations Of your committee in re-
gard to this innocent and likable
child"
GA witness had told the committee
that Shirley Temple and other film
stars were being used as dupes for
Communist propaganda)
Awaits High Court Ruling.
The issue between Mr.. Dies and
Miss Perkins in the Bridges case was
this:
After . Circuit Court had decided
that Joseph Strecker of Hot Springs,
Ark, could not be deported merely
because he belonged to the Com
munist party. the immigration Bureau
suspended deportation proceedings
against Mr.. Bridges last spring. 1t
wants to await q Supreme Court de-
cision in the Strecker case.
This department" Miss Perkins
wrote. has recommended that this
decision be appealed to the Supreme
Court since 1t was recognized At once
that unless this holding were re-
versed by the highest court that the
charges brought against Bridges, even
II proved, had no legal significance,
Whatsoever.
Accordingly, in keeping with the
usual Government legal practice of
avoiding unnecessary expense and
multiple litigation in the lower courts
when . test case Is pending in the
higher courts. action in pending cases,
including the Bridges case among
others, based solely on membership in
the Communist party, was suspended
until the Supreme Court had passed on
this question. The warrants in this
class Of cases have not been Cancelled.
Deplores Stand on Case.
Summarized briefly, your advice
seems to be that should have ignored
the most recent holdings of the courts,
overruled the legal advisors provided
me by law and have ordered the
service to proceed with the Bridges
case in the face Of my knowledge that
even II the evidence at the hearing
should sustain the charges, deporta-
ton itself could not be effected until
the conflict of decisions among the
circuit courts had been ultimately
resolved by the highest tribunal"
Mr.. Dies wrote Miss Perkins yes
terday that the Strecker and Bridges
cases were dissimilar and that there
was no excuse for delaying the latter.
Miss Perkins replied:
Il cannot accept your analysis and
evaluation Of the evidence IN the case
and the bearing of the court decisions
upon 1t, as 1t appears to me to have
been made without sufiicient knowl-
edge of the law and Of the very varied
line Of decisions which the courts
have handed down in this class OF
cases.
You are incorrect in saying that
the facts in the two cases are dis
similar. As q matter of fact, they are
identical except for the fact that
Strecker admitted that he was Com
munist and that he distributed Com
munlst literature, whereas Bridges has
not 50 admitted"
Looks to Own Advisers.
She said Mr.. Dies apparently wanted
her to overrule her legal advisers and
to proceed with the Bridges hearing,
even though deportation could not ne
effected until the Supreme Court has
decided other cases Of this nature.
Il am sure that you appreciate"
she added, that the matter of method
and Of how and when to proceed is
one that concerns the administrative
branch Of the Government and that
it is not usual for the legislative
branch. which has 50 many duties, to
attempt to usurp the functions and
duties of the administrative branch"
immigration Commissioner James
Houghteling said last night at Los
Angeles that hearing on Bridges
case would be held before January.
Bridges, leader Of West Coast mari
time union, Is q native of Australia,