Evening star., 1940-06-17


to be printed on s''<' 4 's'sa ~
a special roll of Charles G. Ross.
honor. At the risk of seeming in
vidious, I list here, to show the quail
ity of the opposition, the four Re
publicans, out of those voting, who
refused to be swept of their feet:
Bruce Barton of New York.
Robert Luce of Massachusetts,.
William J. Miller of Connecticut,
who lost both his legs as an aviator
in the World War.
James w. Wadsworth Of New
York.
1t may be that Bridges, the West
Coast labor leader, ought to be sent
back to his native Australia. 1t
may be that his presence in the
United States, as stated in the FIVE
line resolution of the House, Is
''hurtful." That isn't the point.
The point is that the House has
engaged in what one of its men,
bers called Legislative lynching."
And it has done this at time when
there is special need for safeguard
Ing our democratic processes.
The action of the House-this
singing out of one individual, by
name, to be kicked out of the coun-
try and, incidentally, to be martyr
ized-would be sheerly absurd if it
were not for its dangerous implica-
tions. IT Bridges is deported under
the procedure laid down by the
House, precedent will have been
set up for the expulsion of any alien
whom temporary majority in Con-
greSS, for whatever reason, may not
like. For Bridges has not been con-
victed of violating any law, nor is it
charged in the resolution that he
has violated any. 1t is merely stated
that Bridges is man whose pres
ence in this country the Congress
deems hurtful' Under that doctrine
Congress can expel an alien because
1t objects to his race, his religion
or the color of his hair. 1t is not
hard to imagine a state of hysteria
that would bring a food of bills for
the deportation of particular in
dividuals.
Bridges Already Cleared.
Congress may or may not have the
technical constitutional right to or
der the deportation of Bridges. The
point is debatable. 1t was contendad
In the House that the Bridges res
olution is bill of attainder, which
the Constitution specifically forbids.
A bill OF attainder is legislative
act which provides punishment
without judicial trial. BY those
supporting expulsion, it was argued
that deportation is not punish
ment';; that Congress, moreover, has
absolute control over the exclusion
and election of aliens.
But whatever the technical power
OF Congress, the expulsion bill, as
was eloquently pointed out in the
House by Representative Miller and
others, violates both the spirit of
the Bill of Rights and the national
policy which accords the equal pro-
lection of the laws to aliens. Pas
sage of the bill would be far more
subversive of the Constitution than
anything that Bridges has ever done
or could conceivably do.
Bridges has been put through the
whole prescribed process for the ex-
pulslon OF undesirable aliens. He
was arrested last year on Depart
ment of Labor warrant charging
that he was subject to deportation
because of membership in an or
ganization preaching the overthrow
OF the Government by force and vio-
lence-the Communist party. Hear
ings were held for IL weeks by a
trial examiner, Dean James M.
Lands of the Harvard Law School.
and on December % he reported his
conclusions that "the evidence does
ret permit the finding that Harry
R. Bridges is either a member of the
Co. nmunist party or affiliated with
that party"
Bridges Denied Hearing.
Determined to get Bridges out of
the country despite this clear ruling
that he was not deportable under
the laws, the House Committee on
immigration and Naturalization
brought in an arbitrary act author
izing' the deportation of Bridges.
and this was amended on the floor
to direct" the deportation. Bridges
was denied a hearing before the
committee. He is now denied the
right to be heard on a writ of habeas
corpus, or to be heard in any other
way, but, if the House bill goes
through, he must be taken forth
with" by the Attorney General and
forthwith" deported to Australia.
Not only does the Bridges bill
strike at the Bill of Rights; it is
also shocking confession of legis-
lative inadequacy. If the House
thinks that Bridges ought to be de-
ported, the way to get at him is to
pass general law covering his case;
then Bridges would have his day in
court and the issues raised by the
expulsion law would be fought out
In court.
The short cut chosen by the
House, If not bill of attainder,
Is at least a f1agrant perversion of
the legislative process.
1t is earnestly to be hoped that
good sense and regard for the Con-
stitution will cause the Senate to
block the writing of a vicious and
DANGEROUS Drecedent