Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-05-09

that the prosecution never
Mr.. and Mrs. Horwott Hod Faith He
Would Be cleored. Pose B-3
~----------------~-
proved whether the 49-year-old
Falls Church electrical contrac-
tor realized the Communist
Party advocated overthrow Of
the United States Government
when he was a member in
I1928-29.
The chief Government argu-
ment was that Horwatt obtained
his citizenship by fraud when, in
1881, he filled out naturalization
papers swearing that he did not
belong to an organization advo-
eating overthrow of the United
States Government. He was tried
last fall.
Mr.. Horwatt, who lives with
his wife and two children at 5801
Virginia avenue, Franklin Forest
subdivision near Falls Church,
came to this country as an immi-
grant from Lithuania in 1923.
His name then was Sam Horwltz.
Attorneys for Mr.. Horwatt were
Joseph H. Freehill and Joseph A.
Fanelll.
Traces Events
/ Judge Bryan's opinion traces
what happened as follows:
/ Deeply concerned with anti
semitism, he was attracted by
the Communists protestations
against religious discrimina-
His ignorance of the nefarious
Communist ambition to depose
this Government, though written
in the party creed, is more
readily understandable if we con-
slider the contemporary public
opinion and Horwitz' own cir
cumStances during his party af-
t1ance of 1929.
I'm 1924, Great Britain had
recognized the United Soviet
Socialist Republic, the embodi-
Iment of communism. The United
States did likewise in 1888
later, significantly, than Hor-
WITT oath. Certainly during the
span of 1924-33, communism was
not generally thought of as so
menacing to democratic govern
ment as we now know it to be"
Noting the defendants ex-
IRENE youth when he filed for
citizenship, Judge Bryan's opin-
ion adds:
In fairness, the attraction of
the Communists for him may
well be ascribed to a youthful
or undiscriminating revulsion to
antisemitism, the horrors of
which he had witnessed in his
native land. and the party's ap-
parent, however unreal, war
against it,"
Conduct Plays Part
Judge Bryan said the courts
conclusions were strengthened
by the defendants conduct for
the last If vearS
i The Government also had
sought to prove that Mr.. Hor-
watt belonged to the Communist
Party in 1930-31, which Mr..
Horwatt denied. Two former
Communist agents, testifying for
the Government, identified MIR.
Horwatt as active in party af-
fairs during those years.
The opinion states that after
a lapse Of nearly quarter CEN
tury. the witnesses recollection
of him lis hardly evidence which
does not leave the issue in doubt
The court cannot find he was
party member in the critical
years, 1880 and 1881"
These years were regarded
critical because 1t was at that
time he was being processed for
naturalization as an American
citizen.
Although membership in the
party after his naturalization
was not offered as ground for
revoking Mr.. Horwatt's citizen
ship. statment he made to the
immigration and Naturalization
Service in 1854 was introduced
in the case. In it, Mr.. Horwatt
admitted he rejoined the party
approximately in 1882 or 1893"
and remained until 1888. OF this,
Judge Bryan comments:
determination Discounted
But upon study this state
ment is not as discriminating as
it seems. During this interval he
was an electrician and belonged
to some sort Of a union, but he
was unable to obtain admission
into a recognized labor union.
The great economic depression
was then Nation wide. He sorely
needed employment, he felt that
the Communist Party could aid
him in procuring entry into a
respectable union.
This same statement con-
tains, as well, complete dis
avowal of any belief in the
Communist proposal for the
forceful overturn Of our Gov
eminent"
The opinion takes issue with
intimations made by Mr.. Hor-
watt that the immigration Serv-
ice and the Federal Bureau Of
Investigation dealt unfairly with
him.
Both in its preparatory and
trial stages this case has been
pressed by the representatives OF.
the United States with evident
concern hoth fnr tho ,,,,hitc tr-