Evening star., 1953-01-01
Court Stays Arrest
OfRubinstein PENDING
Fight on Deportation
By lioword [. Dutkin


Serge Rubinstein yesterday won
q step in his legal battle to avoid
being sent to Ellis Island on q
deportation warrant, when the
United States Court of Appeals for
the District granted an order
staying his arrest.
The restraining order, handed
down by a three-judge tribunal,
holds good until IL am. Monday
and gives attorneys for the Rus
sian-born financier time to press
for action on their District Court
suit for Injunction. In that suit,
they ask that the deportation pro-
ceedings against RubinStein be de-
clared void.
Attorney General McGranery
had ordered that Rubinstein sur
render himself by 4 pm. last
Tuesday or forfeit his bond of
$1,000.
Deny Official Notice.
Attorneys for Rubinstein denied
that they or their client had been
officially notified. Together with
Rubinstein. they came to the Dis
trict Tuesday and began the fight
to stay the seizure and void the
deportation move.
Judge David A. Pine in the u. S.
District Court for the District of
Columbia, refused to grant an
order restraining the Government
from taking Rubinstein into GUS
tody. Thereupon Rubinstein's
lawyers, Jack Wasserman and Ed
ward Ennis. appealed to the higher
court.
In oral arguments yesterday be-
fore Judges Henry w. Edgerton,
David L. Bazelon and Charles
Fahy, Mr.. Ennis declared that
there should be some showing
made that the Government has al
country willing to accept Rubin-l
stein. before taking him into GUS
tody.
Mr.. Ennis declared that Russia
is the only country with which,
Rubinstein has had any direct
connection. The attorney asserted
that If he were to be sent to thatl
country he would suffer physical
persecution. Under the law, mol
one may be deported to any nal
tion in which he might be physi-
cally harmed.
Writ Process Suggested.
Assistant United States Attor-
neyS Robert Scott and Frank
Strickler argued that Rubinstein
could have recourse to . writ
of habeas corpus for his release
once he was arrested.
But Mr.. Ennis replied that once
arrested. Rubinstein might be
taken Immediately to New York,
where. he said, the practice in
such cases was to deny bail until
the matter of writ issuance is
argued and decided. This. he said,
might consume several weeks
during which time his client
would be in custody.
At one point, the court asked
the Government attorneys If they (
could show that the public safety
would be endangered if the ar
rest were stayed. The latter ad-
mitted they could not.
RubinSetin. who, in 1947 was
sentenced to two years for draft
lodging, showed himself adept at
lodging more than a score of re-
porters and photographers who
awaited his arrival.
He was secreted in a room in
the building. After the stay was
granted, he consented to pose for
pictures in the press room Of the
courthouse.
Cites Offer Of Services.
The stocky, broken -nosed finan-
cier who speaks in gutteral ac-
cents showed reporters a photo
static copy OF a telegram which
he sent President Roosevelt the
day after Pearl Harbor. In it he
offered his services to the Presi-
dent and cited his knowledge of
Europe and Japan. In scrap
book. he had pasted letter from
Wayne Coy, then presidential as
sistant acknowledging with thanks
receipt of the offer.
One reporter asked him what
country he would choose to be
deported to in the event deporta-
ton was inevitable.
That's like asking me, What do
you want to do after death?'" the
44-year-old f1nancier replied. He
then protested his love for this
country and expressed thanks