Evening star., 1939-04-18
Strecker Decision
for Guidance
In Bridges Case
Labor Department
Seeks Pointers in
Deportation Curb
By ]. A. FOX.

Labor Department officials today
studied the Supreme Court decision
saving from deportation Joseph
George Strecker, Austrian-born Ar
kansas restaurant keeper, to decide
their course in the more celebrated
case of Harry Bridges, alien West
Coast c. I. o. leader, whose ban
ishment also has been sought.
Subject of deportation proceed
ings since 1888 on the ground that
his former membership in the Com
munist party, though brief, brought
him within the scope of the law
providing for expulsion of aliens
joining organizations advocating the
overthrow of this Government by
force, Mr.. Strecker yesterday won
the right to stay by 62 decision
of the court, read by Justice Rob-
erts. The ruling wiped out con-
struction of the deportation statutes
followed by the Labor Department
for many years.
The majority opinion, which did
not, however, pass on the aims of
the Communist party, held that the
statute, enacted in 1918, could not
be construed as providing that an
alien must be deported IF at any
time in the past, no matter when, or
under what circumstances, or for
what time, he was member of the
described organization"
Two Justices Dissent.
A vigorous dissent was written by
Justice McReynolds, with Justice
Butler concurring. The two justices,
also disagreeing with the majority i'll
a labor case decided later yesterday
used even stronger language, in en-
phasizing their difference.
In this case, the court held that
small firm in New Jersey, which
finishes garments cut for a clothing
manufacturer in New York, is sub,
ject to the Labor Relations Act be-
cause the finished product moves
across State lines, prompting this
sharp comment:
The present decision, and the
reasoning offered to support it, will
inevitably intensity bewilderment.
The resulting curtailment of the in
dependence reserved to the States
and the enlargement of Federal
power denote the serious impair
ment of the very foundation of our
federated system. Perhaps the
change of direction, no longer ca
pable of concealment, will give po-
tency to the efforts of those who
apparently hope to end a system of
government found inhospitable to
their ultimate designs"
The Strecker case. which had been
stirring since November. 1888, came
from the Fifth Circuit Court at
New Orleans, which stayed depor-
tation after the lower court had
vacated a writ of habeas corpus
enabling Strecker to remain.
Communist Party Intervenes.
The Circuit Court held that it
had not been proved either that
Mr.. Strecker advocated the over
throw of the Government, or that
the Communist party preached such
doctrine. The Communist party in
tervened and denied adherence to
such principles.
AS the result of the Circuit Court
ruling, the Labor Department halted
deportation proceedings against the
Australian-born Bridges, who has
been accused of being Commun-
ist-a charge he denies.
The upShot of this delay was the
unsuccessful effort by Representa-
tive Thomas, Republican. of New
Jersey, to secure House adoption of
resolution of impeachment of Sec
retary of Labor Perkins. Critics
had declared that the Strecker and
Bridges cases were dissimiliar and
that the proceedings against the
labor leader should be pressed forth
with. When this was not done, the
impeachment move was made.
The Supreme Court held specifi-