Evening star., 1939-02-05

tant bearing on the Bridges case because
the facts in the Bridges case are much
stronger than in the Strecker case. The
circuit court for the district in which
Harry Bridges resides has rendered
number of decisions holding deportable
Communist aliens where the facts upon
which the Government relied for de-
portation were not near as strong as the
facts in the Bridges case. Why the De-
partment of Labor should ignore the
legal precedents established by the cir
cult court of appeals for the district in
which Harry Bridges resides and attach
so much importance to decision in the
Circuit Court of Appeals for the New
Orleans district is mystery to this COM
mittee
1--WE do not have time in this report to
discuss the Bridges case at length, but in
the record of these hearings will be found
considerable evidence, arguments, and
the citation of legal authorities which,
in our judgment, definitely establish that
the Department of Labor is without justl-
fication in postponing deportation pro-
ceedings against Harry Bridges. In our
opinion, the Strecker case was not prop
erly presented to the trial court, the Cir
cult Court of Appeals or the Supreme
Court of the United States. In the trial
court the Government omitted the usual
proof with reference to the advocacy of
force and violence by the Communist
party. In the Supreme Court the Gov
ernment by agreed stipulation omitted
an important ground of deportation,
namely, that Strecker had himself advo-
Gated the overthrow of the Government
by force and violence. This fact was
pointed out in the chairman's letter to
Robert Jackson dated october 20. 1888,
which was written in response to Mr..
Jackson's letter of October 26, 1888. Mr..
Jackson has not answered the chair
mans letter up to this date"
Miss Perkins Gives Reasons.
In presenting the Department of Labors
side of the case, Secretary of Labor Per-
kins comments as follows:
"The various immigration acts do not
forbid an alien to organize workers, lead
strikes, induce fellow stevedores not to
unload ships, or engage in other trade
union activities. Nor can such actions
be regarded as attempts to overthrow
the Government Consequently, none OF
these letters demanding deportation)
contained anything relevant to the immi-
grafton laws except an occasional one
which alleged that Bridges was a Com
munist These charges were carefully in
vestigated at that time, and in 1885 the
San Francisco Office of the service re-
ported that there was no evidence to
show that Bridges was connected with
the Communist party or with any other
radical organization and that an investi-
CATION by the criminal-prevention detail
of the San Francisco police force had
reached the same result.
"It was not until the fall of 1887, when
the Seattle Office submitted some afh-
davits signed by persons who alleged they
had seen Bridges participating in Com
munist part activities, that any concrete
charges were filed with this department.
An investigation was then undertaken
which resulted in more afddavits being
filed and a warrant was issued and the
case set down for hearing =.
"A few days before the hearing date
the Circuit Court of Appeals for the
fifth circuit, in reversing a deportation
order against one Joseph Strecker, an
acknowledged member of the Communist
party. held that membership in the Com
munist party was not ground for de-
portation. Since this was the only charge
contained in the Bridges warrant which
had support in the afidavits, was told
by the solicitor of this department that
unless this decision was reversed by the
Supreme Court that the charges brought
against Bridges, even If proved, had no
legal significance whatsoever. The Of
ficials of the Department Of Justice con-
Cured in this view, and on advice OF the
solicitor and the commissioner Of immi-
grafton and naturalization I postponed
pending hearings on all alleged alien
Communist cases until the conflict
was cleared up by the Supreme Court"
Miss Perkins has added that, contrary
to Mr.. Dies opinion the only difference
between the Strecker and Bridges cases
"is that Strecker has admitted his men,
bership in the Communist party, where
as Bridges under oath has denied that
he was ever member of that party"
Denies Evidence Exists.
OF Mr.. Dies allegation that the file
shows proof that Bridges personally has
advocated overthrow Of the Government
| or use of sabotage, the Secretary re-
| marks:
1.-THE report does not cite any evidence
to support this; and, as matter Of fact,
there is no such evidence.
| 1T Is possible that the committee had