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A study by
|| constanTINE M. PANUNzio, M.A.
commission on THE CHURCH ||
AND SOCIAL SERVICE .
FEDERAL council of THE CHURCHES
of CHRIST IN AMERICA
... i05 East 22nd STREET, New York
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The
Deportation Cases
of 1919-1920
A Study by
CONSTANTINE M. PANUNZIO, M. A.
CoMMISSION ON THE CHURCH
AND SOCIAL SERVICE
FEDERAL COUNCIL OF THE CHURCHES
OF CHRIST IN AMERICA
105 EAST 22nd STREET, NEW YORK
CopyRIGHT, 1921
By CoMMISSION on THE CHURCH AND
SocIAL SERVICE
&4x4, 44.
%2-4-7
CHAFTER
II
III
IV
VI
VII
VIII
IX
CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . .
AUTHOR's PREFACE . . . . . . . . . . . . . . . . . . . . .
WHAT THE DEPORTATION LAws PROVIDE. . .
WHO THE ARRESTED ALIENS WERE. . . . . ..
How THE ARRests-WERE MADE..........
How THE ALIENS WERE TRIED. . . . . . . - e e s s a
How MANY WERE CONNECTED WITH PRO-
SCRIBED ORGANIZATIONS . . . . . . . . . . . . . . .
How THE ALIENS FELT ABOUT LEAVING
AMERICA . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How THE ALIENS WERE TREATED. . . . . . . . .
How Long THE ALIENs, WERE HELD IN
PRISON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How THE ALIENs' FAMILIES WERE AF-
FECTED . . . . . . . . . . . . . .... & © e º 'º e º 'º e º is is ... • e s e =
SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPENDIx
I Excerpts from the Deportation Laws
Affecting Alien Anarchists. . . . . .
II Statistics . . . . . . . . . . . . . . . . . . . . . . . . . .
50
72
77
83
89
93
INTRODUCTION
Since the beginning of our participation in the World
War, the American people have become aware of an
unwholesome situation occasioned by the absence of close
understanding and sympathy between the main body of
our people and large numbers of its immigrant popula-
tion. Enough has been said of the inadequacy both in
conception and in execution of our many “Americaniza-
tion” plans but the study which here follows inevitably
draws attention to a fundamental difficulty in the status
both in law and in custom which the alien occupies as a
resident in this country. -
The study here presented embodies the findings of an
investigation into the recent deportations of persons
deemed to be unlawfully in the country, under the an-
archist provisions of the Immigration Law." Its purpose
is to call public attention to practices that are inconsistent
with the American tradition of justice and fair-play.
The data here recorded concerning the deportation of
aliens reveal the necessity for thoroughgoing reforms.
The author is a minister of the Methodist Episcopal
Church, who is a student of immigrant problems and
has served churches in immigrant communities. Though
not directly responsible for the study, the Commission
on the Church and Social Service has been in close touch
with it from the beginning. The data have been care-
fully examined and the report has been edited by the
Research Department. *
It should also be stated that in this introductory word
* See Appendix I.
6 THE DEPORTATION CASES
no attempt is made to arrive at what might be called
an entirely adequate method of dealing with alien political
offenders. It may be that the developing conscience of .
the nation will demand changes which it is at present
quite impossible to secure. Many persons feel that de-
portation is essentially an evasion of moral responsibility.
Christians look upon international relationships as oppor-
tunities for mutual service. It may well be argued that
the very concept of Christendom renders deportations
from one nation to another wholly anomalous. But we
are here concerned only with practical proposals for a
legislative program, and the aim is to indicate concrete
reforms upon which we are warranted in believing that
general agreement can presently be arrived at.
The following proposals are offered, not dogmatically,
but as a tentative basis for a seriously needed modifica-
tion of the present law. They have been formulated
after extensive consideration of the problems involved
by persons of wide experience and authoritative opinions.
1. With reference to what are commonly called politi-
cal offenses, no act or utterance which at common law
would not amount to a solicitation or attempt to commit
a crime should be held a sufficient ground for deporta-
tion. To deport a person merely for the possession of
ideas, however objectionable, is not only an illiberal, but
a wholly futile, method of directing intellectual devel-
opment.
2. It seems clear that the interests of equal justice
would be promoted by eliminating from the Immigration
Law the provision which makes membership in certain
organizations a sufficient cause for deportation. The re-
port makes it evident that the status of an individual
alien in relation to the Government cannot with safety
be determined on the basis of membership in an organ-
INTRODUCTION * * * * * * * 7
ization. Without reference to the controversy over the
legality of this or that organization, “membership” is too
ill-defined a relationship to be made the exclusive test
of an individual's attitude.
3. An alien resident after he has been in the country
for a period long enough to allow of a full determination
of his right to domicile in the United States should, when
his deportation is sought for any cause, have the protec-
tion of such due process of law and of such constitu-
tional safeguards as apply to a citizen accused of a
crime.
4. There seems to be no unanimity of opinion among
authorities on immigration as to whether or not deporta-
tion cases should be handled entirely by the Federal
Courts. A possible alternative would be an immigration
court, quasi-judicial in character, in which the alien would
be guaranteed due process of law and the proper con-
stitutional safeguards. .
5. It cannot be doubted that the method of raiding
recently employed in apprehending suspected aliens has
resulted in great injustice and hardship. These evils
would be effectually prevented by a provision that arrests
should be made only when a warrant has previously been
sworn out and is served by the officer making the arrest,
or when the offense is committed in the presence of the
officer.
6. The Government agent, who himself instigates un-
lawful acts for the purpose of apprehending the perpe-
trators, protecting himself by his official connection, must
be eliminated from the administration of our federal
laws. Two measures suggest themselves as tending to
curb such activities.
a. A provision that no agent who is found to have
8 THE DEPORTATION CASES
provoked unlawful acts shall be granted immunity on
the ground of his Government connection.
b. A provision that no person shall be convicted on
evidence that shows him to have been incited by a
provocative agent to the offense of which he is accused.
The Commission believes that the evils at which these
suggested reforms are directed are of first magnitude
and should at once engage the attention of the public and
of Congress.
CoMMISSION ON THE CHURCH AND SocIAL SERVICE
AUTHOR'S PREFACE
In the autumn and winter of 1919-1920 an extraor-
dinary number of foreign-born persons residing in the
United States left this country for Europe. During the
out-going movement the American people were frequently
discussing the reasons why these “foreigners” were leav-
ing this country. While the exodus was at its height I
made a trip to Europe in order to learn at first-hand
from the emigrants themselves the reasons for this un-
precedented outflow. In order to do this all the more
directly I transformed myself into an emigrant and
travelled steerage and thereby had an opportunity freely
to question the emigrants. In the course of the voyage
and on the continent eighty persons were questioned,
some of whom were interviewed several times, and care-
ful notes were made after each interview. Naturally I
had expected to find the usual reasons given, namely,
that they were going to Europe to visit their people, or
that they had some business to look after or were going
to get their families and return to this country. On
tabulating the findings, however, I found that a large
proportion had mentioned what they termed “persecu-
tion,” or “repression.” Of the Americans in general
they said, “They don't want foreigners.” This revela-
tion became all the more forceful when upon reaching
the continent I found a little book in circulation en-
titled, “The End of America,” in which the author with
some measure of accuracy describes conditions in this
country and maintains that the America of men's
dreams is fast vanishing from the earth.* All of this was
naturally offensive to me, for, though of foreign birth
myself, I have been an American citizen for several years
and have come to feel admiration and love for America
and for American life.
* For full report see article by author in World Outlook, May, 1920, or
Literary Digest, June 19, 1920. -
9
10 THE DEPORTATION CASES
While still in Europe, therefore, I decided to make a
careful study of the facts involved in the contention
made by the emigrants, that foreign born residents in
America were suffering persecution. A peculiar co-
incidence afforded an opportunity to make this study.
On the return voyage, in the middle of December, 1919,
the ship's bulletin carried the news of the raids which
had been made on the Union of Russian Workers and
of the arrest of thousands of foreigners. On landing I
found the press carrying large headlines on the subject
and giving full pages to it. Soon after that, on December
21, 249 aliens, alleged to be radicals, were deported on
the S. S. “Buford.” In the early part of 1920 other
raids took place and the country heard for months of
the impending danger arising from the immigrants in
this country.
All this furnished an occasion for a thorogoing study.
Accordingly, in early February, 1920, I began the study,
the results of which are recorded in these pages. First:
Immigrant communities were visited and certain leaders
were interviewed. Second: By permission of the United
States Department of Labor, four prisons or detention
stations were visited:—the Hartford (Conn.) County
Jail, the Youngstown (Ohio), and the Pittsburgh (Pa.)
prisons and the detention camp at Detroit. In these
prison investigations 168 alien prisoners were inter-
viewed. Third: 200 official records of the hearings in
deportation proceedings were examined. These papers,
which are on file with the Department of Labor, are the
regular and only official records.
What follows concerning the aliens who were arrested
as deportable persons is based on a very careful and
thorough examination of two hundred records in the
offices of the Department of Labor, covering the full
proceedings in the cases involved. If this study has any
particular merit it grows out of the manner in which this
AUTHOR’s PREFACE 11
examination was made. In order to avoid the possibility
of a non-representative selection, permission was secured
to examine any or all of the records which passed
through the office from day to day. This method insured
a balanced and trustworthy study. It yielded in the first
place a fair proportion of each of the classes enumer-
ated; it furnished a large variety of cases as well as a
complete geographical distribution.” It also afforded an
opportunity to study the aliens in various cities under
various inspectors. What is presented, therefore, is a
representative cross-section, so to speak, of the great
mass of deportation cases.
To supplement the official records, the results of prison
interviews are here and there introduced, not only by
way of corroboration, but for the human elements with
which they enliven the documents. Unless otherwise in-
dicated, however, the quotations cited are taken from the
records themselves and may be verified at will.
These records are kept on file with the Bureau of Im-
migration. They form the most valuable sources of in-
formation regarding the personal character and history
of the aliens. If the proceedings have been properly
conducted these official records include the following
items:
1. The original affidavit of probable cause by an agent of the
Department of Justice.
2. A carbon copy of the original warrant of arrest.
3. The record of the preliminary examination given the alien
at the time of arrest.
4. A complete official transcript of all the proceedings in the
case and of testimonies given in regular hearing, or hear-
ings, conducted by the Immigration Inspector.
. A summary of findings and recommendations by the local
Immigration Inspector.
A summary of findings and recommendations by the Com-
missioner-General of Immigration.
. Actual evidence or record of evidence submitted in the case.
. A record of bail when secured.
. A brief submitted by the alien's attorney.
. Letters submitted by the alien's friends and employers.
1
* See Appendix II, D.
12 THE DEPORTATION CASES
11. A memorandum from the Secretary of Labor or his repre-
sentative giving final decision on the case together with
instructions for disposition.
The records are not always complete, as will presently
appear, but in the majority of cases they include all of
the items above enumerated.
In order to make a complete abstract of all the infor-
mation contained in these records a blank was prepared
covering the various captions indicated in the chapter
headings of this study.
The investigation yielded a vast amount of important
material which, though it was not feasible to embody it
in this study, it is my hope to bring out in some other
form. However, the following pages contain all the mat-
ter essential to the purposes of this volume.
The reader of this document should bear in mind that
it has no relation whatever to political controversy. The
results recorded are simply a statement of fact. The
facts have been secured at first-hand. The human as-
pects of the situation have had first consideration and
the legal phases of the subject have been considered
secondarily.
I wish to express gratitude to the Federal authorities
at the various prisons and in Washington for the willing-
ness and the uniform courtesy with which they furnished
the needed information; more particularly to the authori-
ties of the Department of Labor for giving free access
to the official records of hearings, without which this
study could not have been possible. Acknowledgment
is also made to the Rev. Clyde F. Armitage and Miss
Agnes H. Campbell for invaluable assistance given by
them in the collection of the data; to Miss Grace W. Sims
and Miss Mabel A. Brown for their untiring effort in
connection with the investigation and the tabulation of
the results.
C. M. PANUNzio.
White Plains, N. Y.,
January 1st, 1921
CHAPTER I
WHAT THE DEPORTATION LAWS PROVIDE
The Law -
The arrests and deportations which furnish the matter
of this study were instituted under statutes which con-
stitute part of a great body of Immigration Law of the
United States. In order that our national policy in the
matter of exclusion and deportation of politically unde-
sirable aliens may be fully understood, it is necessary
to examine briefly the provisions of the several enact-
ments on which it rests.
The first Act of Congress to make provision for the
exclusion of persons whose political views were ob-
noxious was that of March 3, 1903, where “anarchists”
are included in the list of persons excluded from entry
into the United States. The Act of Feberuary 20, 1907,
re-enacted this clause, and the immigration Act of Feb-
ruary 5, 1917, extended the scope of the previous laws
by making provision for the expulsion of anarchists as
well as for their exclusion, and removed the statutory
limitation of a five-year period within which deportation
can be effected.* This Act of February 5, 1917, was
amended further by the Act of October 16, 1918, which
provides for expulsion and exclusion not only of an-
archists but of aliens teaching or advocating the over-
throw by force or violence of the Government of the
United States.
The Proceedings
By the terms of the statute the Secretary of Labor is
made solely responsible for its administration. The usual
requirements of criminal court procedure do not apply
* See Excerpts from Immigration Law: Appendix I. This la
further strengthened by the act of June 5, 1920. W was
13
14 THE DEPORTATION CASES
in deportation cases, which the Supreme Court has held
to be administrative rather than judicial. Such part as
may properly be taken by the Department of Justice is
confined to gathering evidence and submitting findings.
The statutes recognize no authority residing in any offi-
cials of the government save those of the Department
of Labor.
The proceedings by which resident aliens alleged to
be in the country in violation of the law are taken into
custody, are known as “legal warrant proceedings.”
These proceedings have three distinct steps:
FIRST: Evidence of probable cause is submitted to the
Secretary of Labor or his representative in a sworn state-
ment by an officer of the Government who knows the
facts or has reason to believe the charge; or by affidavit
of such officer made upon personal knowledge or infor-
mation and belief. The Secretary of Labor or his repre-
sentative examines the statement or the affidavit, and, if
he is convinced that the alien is in the country unlawfully,
he then issues a warrant of arrest and the alien is appre-
hended and placed in the custody of a local immigration
officer.
SEcond: This warrant, when regular procedure is fol-
lowed, is served by authorized agents of the Depart-
ment of Labor, who upon apprehending the alien give
him what is known as a preliminary examination, and
place him in the custody of the Immigration Inspector.
While in the custody of the latter, the alien is given an
administrative hearing. He is entitled to counsel in his
effort to prove the charges false. The burden of proof
rests upon him. A verbatim report is taken of the hear-
ing by an official stenographer which is forwarded to the
Secretary of Labor.
THIRD : The Secretary examines the records of the
WHAT THE DEPORTATION LAWS PROVIDE 15
hearing, etc., and the corroborative evidence submitted
and renders a decision, either for cancellation of the
warrant or for issuance of a deportation warrant. If
the decision is in favor of the alien on the ground that
the evidence does not sustain the charges, he endorses
the papers “Cancel.” The word “Cancel” in this con-
nection is equivalent to a verdict in a criminal case, of
“Not guilty.” If the decision is against the alien, the
present custom of the Secretary of Labor or his repre-
sentative is to endorse the papers “Deport.” The alien
then is taken to an immigrant detention station and de-
ported as soon as possible.
The Inspector
Since the chief factor in the actual, local administra-
tion of the law in deportation cases is the immigration
inspector, it is important that a word be said about this
official and the part which he plays. The immigrant
inspectorship is open to every male citizen of the United
States who has passed his twentieth but has not reached
his fifty-first birthday. The requirements of the Civil
Service Commission for the immigrant inspectorship in-
clude an examination in spelling, arithmetic, penmanship,
letter writing, copying from plain copy, practical ques-
tions on immigration law and general education, training
and experience. The applicant is not required to have
any knowledge of law, of languages other than English,
nor to have had any practical experience in the handling
of groups of immigrants. One of the latest circulars of
the United States Civil Service Commission, however,
states, “It is desired to secure persons who have had
practical experience in handling and dealing with the
public and who have had positions of responsibility where
they were required to exercise good judgment in emer-
gencies.” A large proportion of these inspectors are re-
16 THE DEPORTATION CASES
ceiving the minimum salary of $1,380 a year plus the
bonus of $240.
The Cases of 1919-1920
Since, by the terms of the law, membership on the part
of an alien in an organization which entertains a belief
in the overthrow of the Government of the United States,
or all government, by force or violence, is in itself ground
for deportation, the Secretary of Labor felt called upon
to make a ruling concerning the Communist Party. On
January 24, 1920, he issued such a ruling, declaring that
any alien member of the Communist Party was ipso facto
illegally in the country.* The administration of the law
in such cases was therefore simply a matter of establish-
ing the suspect's membership in the proscribed organiza-
tion. It was concerning the interpretation of “member-
ship” that a sharp controversy has arisen over the de-
cisions reached by the Secretary of Labor in a large
number of these cases. This report is not concerned
with the controversy, but aims at bringing out the essen-
tial facts of the entire proceeding.
Between November 1, 1919, and April 26, 1920, war-
rants were issued by the Department of Labor for the
arrest of 6,350 aliens who were alleged to be in the
country in violation of the law. Approximately 3,000
of these arrests were made. Of these, about 2,500 were
, alleged members of the Communist Party, and the
remainder were alleged members of the Union of
Russian Workers. After the customary hearings 762
persons were ordered deported—455 Communists and
307 members of the Union of Russian Workers. The
actual deportations between the dates named numbered
271, of whom 249 were carried by the “Buford” on
December 21, 1919, and 22 were deported subsequently.
* It was taken for granted that the Union of Russian Workers belonged
in the same class. t
cHAPTER II
WHO THE ARRESTED ALIENS WERE
Personnel of the Alien Groups
Naturally, in discussing these aliens the first questions
of interest and of importance concern their personal
history. Who were they? To what racial groups did
they belong? What was their economic status? Were
they educated or illiterate? Had they sought citizenship?
What attitude did they take during the war?
Nationality
Of the 200 cases whose records were examined, 7 were
women and 1 was a minor. Ten nationalities were repre-
sented in the list. One hundred forty-eight or 74 per
cent were Russians." Next in number came the Poles *
with 19 or 9.5 per cent, the Lithuanians with 9 or 4.5
per cent, the Austrians with 8 or 4 per cent, the Croa-
tians with 6 or 3 per cent. There were also 3 Germans,
2 Jugo-Slavs, 2 Hungarians, 1 Italian, 1 Bulgarian and
1 Hollander.” .
In the case of one the nationality was not recorded.”
In considering the number of Russians, attention may
be called to the fact that a large number of Russians in
this country have been seeking for nearly five years an
opportunity to communicate with their families or to
return to Russia. They have not been able to procure
passports on account of the political situation. This has
made for uneasiness among them.
Age
The ages of the aliens ranged from 18 to 65 years.
The greatest number were between 26 and 30 years. One
Tº Russians and Ukranians grouped together. -
* Poles and Galicians grouped together.
* See Appendix II, A.
17
18 THE DEPORTATION CASES
hundred seventy-nine or 89.5 per cent of the total num-
ber, were between 20 and 40 years of age. There was
one boy of 19 years who was arrested at night school
and found to be a member of the Union of Russian
Workers.”
Residence in the United States
One hundred thirty-four or 67 per cent of the 200
aliens had been resident in this country from 6 to 10
years. Thirty-one or 15.5 per cent had been in this
country from 1 to 5 years, while 23 or 11.5 per cent had
been in America from 11 to 15 years. Seven had re-
sided in this country from 16 to 20 years, and 1 had
been here for 36 years. In 4 cases length of residence
was not given.”
Marital Status
One hundred twelve, or 56 per cent, of these 200 per-
sons were married. Seventy-four of these had children.
Two men had 5 children, all born in the United States.
One man had 6 children, 4 of whom were born in Amer-
ica; 2 spoke of having American-born wives, although
they were not usually questioned on that subject. Twen-
ty-one married men had families in the Old World,
while 89 had families in the United States.
The total number of children involved in the 200 cases
was 156, of whom 98 were born in this country and were
living here.”
Knowledge of English
The knowledge of English which these persons pos-
sessed varied of course with the degree of their general
intelligence. There were among them some very bright
* See Appendix II,
B.
* See Appendix II, Table I.
* See Appendix II, C.
WHO THE ARRESTED ALIENS WERE 19
and intelligent young men who though they had been
in the United States for only five or six years, still had
mastered the language unusually well. Others, though
they had been here longer, could speak scarcely any
English. In the prison investigations it was found that
a large majority could understand and make themselves
understood through the medium of the English language.
The official records show that in 78 cases an interpreter
was employed in the course of the hearing, in 23 cases
no interpreter was used, while in 99 cases no record is
found in regard to the presence of an interpreter. It
goes almost without saying that these persons were in-
sured of a fair degree of just treatment in proportion as
they could or could not make themselves understood.
There were a few who aside from inability to speak
English were illiterate with respect to their own language.
Status Relative to Citizenship
As has been already stated, of the 200 cases examined,
7 were women. One was a minor. There were there-
fore 192 concerning whom the question of citizenship
might be raised. Of this number there were 26 cases
in which no record as to citizenship was found. Of the
remaining 166 persons, 54 had made application for first
papers.” Frequent statements record difficulties encoun-
tered by these aliens in obtaining citizenship. One man,
Rudolph Sarpu (Warrant No. 54860/750), stated:
“In New London it is impossible to get papers, because there
is no place where they give them, but I went with another
fellow to Norwich. We took the day off and went to take
out first papers. They said, ‘Here’s a form; you fill it out
and bring it back.” That was on March 27, 1919. Since I
had to lose time, it was impossible for me to do it, so I never
brought them back.” .
Nine men said they had been told that they could not
get first papers unless they could read and write, and
* See Appendix II, Table I.
20 THE DEPORTATION CASES
one man said he was told that if he took out papers they
would never let him out of this country. (Warrant No.
54709/399.) Six aliens promised during the proceed-
ings to become citizens if allowed to remain in this coun-
try. The statement of R. Sieman (Warrant No. 54810/1)
is typical of this feeling. He said: * .
“I am through with everything. I will learn to read and
write, get my papers and be a citizen, work hard and get an
education for my children and family; that is all.”
War Records
The war record of the alien was frequently omitted.
However, 37 are recorded as having purchased Liberty
bonds and 24 as having bought thrift stamps or con-
tributed to some patriotic fund. Two of the alleged
radicals who were arrested and held for deportation had
actually served in the United States Army. In the case
of Steve Kerekoff (Warrant No. 54860/156), a certified
copy of his honorable discharge from the Army was in-
troduced in the alien's defense. When questioned as to
the organization of which he was a member, he replied,
“The American Legion.” His personal effects consisted
of a suitcase and an Army uniform. - -
Record is also found that three of these alleged radi-
cals had waived their right to exemption when registering
for the draft and one had volunteered but had been re-
fused because of physical disability. In one case an
“Aircraft Industrial Service” Army button was intro-
duced into the evidence as proof of the loyalty of the
alien. Many of the men, whose cases were examined,
were beyond the age of military service. Ernest Behm
(Warrant No. 54735/102), a man 50 years of age, said
that his eldest son had volunteered and had served in
the United States Naval Reserve.
One man who was deported had been very active in
WHO THE ARRESTED ALIENS WERE 21
Liberty Loan Drives and an ardent advocate of Amer-
icanism among his Russian fellow countrymen.
In connection with the prison investigations four ex-
soldiers were found at Detroit among those being held
on a charge of belief in the overthrow by force of the
United States Government. These men were Poles, and
each had received his honorable discharge from the
Army. One had served seventeen months in France and
had been discharged because of disability. He had made
application for citizenship while in France and remarked
to the investigator: “They did not kill me in France; they
get me here.” A second had served twelve months at
the front, and the other two had been in service five
months each. Two of them had experienced difficulty
in finding work after leaving the army; one had been
out of work for five months. Still another man said
when interviewed, that he had tried to join the army,
but had been rejected. He had volunteered for Govern-
ment service and had his badge and certificate to prove
this.
Occupation and Economic Status
Occupationally these persons represented the average
run of immigrants in America. They were steel and
brass workers, carpenters, painters, printers, restaurant
waiters, teamsters, mechanics, shoemakers and manual
laborers. In over half of the cases no reference is found
to the economic status of those studied. In only nineteen
of the records is it stated that the individual had no
money. On the other hand forty-five persons were
found to have sums ranging from a few dollars to $2,000.
The money was usually in a savings bank, but one man
kept his savings in a Prince Albert tobacco box and one
stated that his wife was his savings bank.
A number had interests in various kinds of business.
22 THE DEPORTATION CASES
One man had an interest in an ice and coal business; one
owned stock in a mining concern and another in a motor
truck company. One man owned an automobile, two
persons owned a home, nearly paid for, while two others
owned grocery businesses worth $2,000 and $7,000 re-
spectively. Another man referred to his having lost
$1,700 in a business enterprise. The prison investiga-
tions showed similarly a considerable range in economic
Status. -
Four men stated that they had lost all they had since
being arrested; one of these had given power of attorney
to a fellow-countryman who had taken all the money
and disappeared.
A Personal Testimony
It may be added that in some cases, both in the prison
investigations and in the examination of the records, em-
ployers, social service agents, pastors, and even a deputy
sheriff, immigration inspectors and department of jus-
tice agents spoke well of the men. In the case of four
persons, a representative of the Ford plant in Detroit,
where they had been employed, stated that he had always
considered the men good workmen. An official physician
at a certain detention station in a letter to the author,
dated May 11, 1920, sums up the opinion of many persons
who came into personal contact with the alleged radicals.
This physician had had personal charge of all the aliens
while they were being held pending their hearing or their
deportation. I quote from his letter: .
“Most of them impressed me as rather ordinary foreign
workmen, a grade above altogether unskilled labor, of fair in-
telligence. A few had more intelligence and some were quite
pleasant. A few also were obstinate, unreasonable, groughy
and generally unpleasant. The few with whom I talked had
fairly radical ideas of social change, advanced with varying
degrees of skill. I never was able to corner anyone into an
WHO THE ARRESTED ALIENS WERE 23
admission of a program of violence. None of the men pressed
his views upon me until approached, and then only as a matter
of statement. They quite resented some clerk's error in refer-
ring to them as anarchists. Order was kept fairly easily. The
radicals chose their own committees, through whom they dealt
with the authorities. They made rules for their own conduct.
“They complained occasionally of their food and the sanita-
tion of their quarters; most of these complaints had at least
some ground. I never heard of any violence against their
guards or attempt at it.
“In general, a few of these people I should not care to have
around me at all; they are a general nuisance. Most of them
seem harmless.” -
Cases of Women Arrested
Because of the social consequences involved, a general
statement should be made at this point concerning the
women who were included in these groups of aliens. Of
the 200 cases examined, 7 were women. The husbands
of 5 of them were also under arrest. The nationality
record shows 4 to be Russian, 2 Polish and 1 Dutch.
They had been in the United States for periods of from
five to fifteen years, but their knowledge of English was
slight. One woman could speak Russian, Lithuanian and
German but handled English very imperfectly. All but
one were mothers, and one was pregnant at the time of
the hearing. Of the 12 children involved 10 were born
in the United States. -
Confronted with the possibility of deportation, the
women whose husbands were also being held wanted to
be with their husbands, no matter what their fate might
be. All asked to be allowed to take their children with
them, with the exception of one woman who was willing
to sacrifice her children if they might have the advantage
of living in America with their father.
CHAPTER III
HOW THE ARRESTS WERE MADE
The Raids
The exact number of arrests made in connection with
deportation proceedings during the five-month period
covered by this study is not known. It is certain, how-
ever, that the total number of aliens arrested between
November, 1919, and March, 1920, greatly exceeded the
number of warrants issued.
Arrests were made in two ways—by raids and by in-
dividual apprehension. Of the 200 cases here studied
169 were arrested in raids. There were two principal
raids. One was conducted on November 7, 1919, against
the Union of Russian Workers. The second took place.
on January 2, 1920, against the Communist Party of
America. -
These raids, or round-ups, as they are commonly called,
were conducted by special agents. In some cases they
were conducted with the aid of local police and in still
other cases with the aid of specially sworn deputies and
citizens and were aimed at meeting places of radical or-
ganizations, halls, schools, and other places where aliens
were accustomed to congregate.* Usually all the men
found in any of these places were arrested at the same
time. As will be seen later, in many cases there were no
warrants of arrest. l
The homes of some suspected persons were also en-
tered and searched. In one case a printing shop was
entered and searched. In the case of Mike Stechna
(Warrant 54810/490), it was shown during the hearing
that search warrants were issued by authority of Chief
Magistrate William McAdoo of New York City, giving
cf. warrant Nos. 34859/530; $4860/669; $4860/283. -
24
HOW THE ARRESTS WERE MADE 25
authority to certain police officers and state troopers to
enter homes and meeting places. -
The raid on the People's House in New York City on
November 7, 1919, is particularly noteworthy. On one
of the floors of this house a school was conducted by the
Union of Russian Workers where various elementary
subjects, languages, electrical and other trade subjects
were said to have been taught. On the night in question
the school was entered and a number of aliens attending
the classes there were arrested. The manner in which
this raid was conducted is told in a sworn statement by
Tony Korscheikoff (Warrant No. 54709/455) who testi-
fied that he was studying arithmetic when the detectives
and policemen came in and ordered them all down stairs.
On the way down they had to pass a line of men, each
of whom hit the passerby with a club or a blackjack.
Harry Skochuk (Warrant No. 54709/447) testified
also that about thirty students were locked in a room,
searched, driven downstairs, beaten and hit by police-
men as they passed, and carried in patrol wagons to the
police station. This man further testified that laundry
checks, school cards and insurance papers were taken
from him. Other cases showing similar treatment of ar-
'rested aliens will be found in Chapter VII.
Warrants for Arrest
The law requires that warrants for the arrest of aliens
who are presumed to be illegally in the country shall
issue from the Department of Labor. It is common
practice, as every one knows, to arrest for felonies with-
out warrant, and raids are also frequently made on gam-
bling houses, for example, without warrant either for
search or for arrest. This rather loose practice is de-
batable even in the enforcement of the criminal law, save
where the offender is taken in the act of committing a
26 THE DEPORTATION CASES
crime, in which case even a civilian may make an arrest.
But as applied in non-criminal proceedings there is room
for the contention that warrants should invariably be
secured before arrests are made and that raids should
not be conducted without search warrants. The record
of the deportation cases under examination raises grave
questions as to the propriety of the procedure in this
respect.
Affidavit of Probable Cause
The first steps, according to official records, were al-
ways taken by special agents of the Department of
Justice. Through investigations which they conducted
and from so-called confidential sources, they were led to
believe that certain aliens advocated the overthrow of
the government of the United States by force or vio-
lence or were affiliated with an organization which had
for its object such a revolutionary purpose. In some
cases the arrest occurred before the date of the special
agent's affidavit. In the case of Jack Lunee (Warrant
No. 54860/784), a telegraphic warrant was issued on
January 15, the same day on which Lunee was arrested.
The regular warrant was issued on January 17, although
the affidavit in the case was dated February 2. Con-
trary to legal requirement this evidence was seldom for-
warded to the proper authorities at Washington and in-
stead of requesting warrants in the usual way they were
requested by wire. In many cases the request was made
and the warrant was issued by telegram, and later con-
firmed by mail. This telegraphic request and warrant
often included a number of aliens.
Arrests without Warrant
More important than the foregoing is the fact that ar-
rests were frequently made without warrant or even affi-
HOW THE ARRESTS WERE MADE 27
davit of probable cause of arrest. The case of Nick
Melnick (Warrant No. 54709/349) illustrates this prac-
tice. Melnick in his hearing testified that he was walking
along Charlton Street, Newark, N. J., about ten o'clock
in the evening when he was arrested. In the case of
Andrew Lazarowitz (Warrant No. 54709/347) a raid
was being made and he paused while passing to learn
the cause of the excitement. He was arrested without
warrant. John Tarasink (Warrant No. 54709/452)
chanced to be in the home of a friend, Tony Chinelli,
for whose arrest a police officer had a warrant. Tara-
sink was arrested without a warrant merely because he
happened to be present. A woman, Mary Bunda
(Youngstown, Ohio, File No. 2025/392), was taken into
custody without a warrant and held for the purpose of
securing evidence for the issuance of a warrant which
was never issued.
Of our two hundred cases, 89 persons were arrested
previously to the issuance of warrants. In 48 cases no
date is recorded. Thirteen persons were arrested on the
date the warrants were issued, while 47 were arrested
after the issuance of the warrant. In one case no war-
rant was ever issued. In two cases the date of the war-
rant is not recorded.
The period by which the arrests preceded the issuance
of warrants ranged from one to fifty-seven days. George
Lapeno (Warrant No. 54860/669) was arrested twelve
days before the warrant for his arrest was issued and
Peter Kulakowski (Warrant No. 54861/263) was ar-
rested sixteen days before the issuance of his warrant.
In the case of Ivan Efimenko (Warrant No. 54861/299)
fifty days elapsed between his arrest and the date on
which his warrant was issued. In the case of John
Ivanauskas (Warrant No. 54861/275) the period was
57 days. -
28 THE DEPORTATION CASES
Illustrative Cases
Joe Rodak (Warrant No. 54859/810) was arrested
on January 3, 1920, and the warrant was issued six days
later. Rodak had lived in the United States eight years
and was employed as a car repairer on the N. Y. C. R. R.
He had purchased his home on which four hundred dol-
lars was still due. During the war he had registered
for the draft and purchased four fifty-dollar Liberty
Bonds. Two of these he gave on the property and two
he was still paying on at the time of his arrest. When
taken into custody Rodak was a member of the Polish
Branch of the Socialist Party which by transfer had
become a branch of the Communist Party. Rodak
stated that he did not know when the change had taken
place and did not know the difference between the two
organizations. He explained that he had joined the
organization because the speakers had told him that the
strength of the working man was in the Socialist Party.
In support of the charges against the alien no evidence
was produced. The warrant was cancelled on April 2,
1920.
The warrant for Peter Kulakowski (Warrant 54861/
263) was issued on February 26, 1920, 16 days after his
arrest which took place on February 10, 1920. Kula-
kowski had been in the United States 6 years. He was
employed as a coal miner in this country. In Austria he
had been a farmer. He registered for the draft and
purchased two Liberty Bonds. He was charged with
being a member of the Communist Party. This he de-
nied, stating that he was a member of the Ukranian
Branch of the Socialist Party at Coal Run, Pa. As
evidence of the charge against him a card of membership
in the Socialist Party was produced, but no card of mem-
bership in the Communist Party was given as evidence.
PHOW THE ARRESTS WERE MADE 29
The Socialist Party at Coal Run merged into the Com-
munist Party. The minutes of a meeting held on No-
vember 30th, after this transfer had been made, showed
that the alien had been present and had presided. In
this connection he stated:
“I don't know if they kept my name on their books, but I
didn't join the Communist Party.”
The special agent of the Department of Justice stated
that search of the alien's home at the time of arrest
yielded nothing of value. When asked during the hear-
ing what reasons he had to offer why he should not be
deported, he answered: *
“What can I offer? I did all I could for this country dur-
ing the war. I worked hard for the Superintendent to have
the people buy Liberty Bonds and did everything I could.”
The warrant was cancelled April 8, 1920.
John Ivanauskas (Warrant No. 54861/275) was ar-
rested on January 2, 1920. His warrant was not issued
until February 28, 1920. Ivanauskas had been in the
United States between seven and eight years and had
worked for six years as a laborer for the Jewell Clark
Stove Works. He registered for the draft, but was put
in class five. He purchased two Liberty Bonds and
bought war saving stamps to the amount of $5.00. He
also contributed to the Red Cross and the Y. M. C. A.
As evidence a membership book in the Communist Party
bearing the alien's name and address was submitted and
also a copy of the Communist Manifesto and other
literature said to have been taken from the alien at the
time of his arrest. Ivanauskas stated that he had never
read the Communist Manifesto or other literature and
declared that he did not believe in the use of force or
violence, but believed in the United States Government
as it is. The testimony further brought out that he did
30 THE DEPORTATION CASES
not advocate the overthrow of any government by force
and that he did not believe in sabotage, nor subscribe to
the principles of Communism. To the direct question
as to whether he would be willing to sever connections
with the Communist Party if he knew it was against the
principles of our Government he replied:
“I renounce right now when it is against the Government.”
On April 14th the Assistant Secretary of Labor rec-
ommended that the proceedings be stayed for three
months. At the end of that time the Inspector-in-charge
was instructed to report further on the case.
“Agents Provocateurs”
The term “agent provocateur” has been commonly
used to describe a well-known type of official of the
czarist regime in Russia. Its meaning is precisely what
a transliteration from French into English indicates:
“provocative agent.” The agent provocateur is employed
not merely to apprehend an offender, but to get rid of
“undesirables” by inciting them to acts for which they
may be apprehended and punished. The practice is so
wholly out of repute in this country that no one would
publicly offer a justification of it. The Attorney-General
has publicly disclaimed the employment of such agents,
although it is freely admitted that “under-cover men”
are employed by the Department of Justice who mingle
freely with radicals and join their organizations. Man-
ifestly the agent must counterfeit radicalism with suffi-
cient accuracy to mislead persons who are experts in
that field. To draw the line between the simple agent
and the agent provocateur may not be easy. In connec-
tion with the raid of January 2, 1920, the Department of
Justice issued instructions as follows:
“If possible, you should arrange with your under-cover in-
formants to have meetings of the Communist Party and
HOW THE ARRESTS WERE MADE 31
Communist Labor Party held on the night set. I have been
informed by some of the bureau officers that such arrange-
ments will be made. This, of course, would facilitate the
making of the arrests.”
A Case in Point
Moreover, the records examined in the present study
revealed one case in which the evidence clearly indicated
the work of an agent provocateur. This agent appears
to have been active in forming local branches of pro-
scribed organizations and in inducing aliens to join them
for the purpose of reporting the names to the agents of
the Department of Justice. There is no evidence, how-
ever, that in so doing he acted on any other than his own
initiative. -
The case is that of Dyntro Iwankiw (Warrant No.
54860/901). He is an alien, a native of Ukrainia (Rus-
sia), thirty-five years of age, who had come to the United
States in 1913. Iwankiw had no family and no regular
occupation. He had done some writing for radical news-
papers, spoke English and acted as an interpreter. His
first citizenship papers had been taken out and he had
made application for his second papers. Iwankiw had
been under arrest three times previously to his being
involved in the Communist raids. He was first arrested
in Pittsburgh for publishing an article entitled “The
Third Revolution in Russia,” and a second time in Jan-
uary, 1918, when he was charged with embezzlement.
At that time he was released on parole in the custody
of the probation, officer of Pittsburgh County for a
period of two years. He was also charged with running
an illicit still in Youngstown. In August, 1919, his third
arrest occurred, this time for activities in connection with
the Union of Russian Workers. He was found to be a
government agent and released.
32 THE DEPORTATION CASES
Iwankiw became an employee of the Amesworthy &
Gavitt Detective Agency in Pittsburgh, Pa., in June,
1919, an agency which was furnishing information to the
Department of Justice. He was detailed to The Youngs-
town Sheet and Tube Company, Youngstown, Ohio, “to
find out about the activities of the Russian anarchists.”
There he joined the ranks of the Left Wing of the Social-
ist Party. On the formation of the Communist Party,
he was active in the establishment of the Youngstown
local of that organization and was elected its Financial
Secretary. Through his activities a number of men were
induced to join the local. He kept the Secretary's book
concealed in the cellar of his home.
Iwankiw informed an agent of the Department of Jus-
tice where the book was kept with the comment that the
persons whose names were contained therein “belong to
the Communist Party only because of me.” According
to his testimony, protection was promised him by the Gov-
ernment Agent to whom this information was given. In
the event that he was deported he was to receive such
documents as would be necessary to re-admit him to the
United States. He also stated that he was promised em-
ployment with the Department of Justice. The records
contain no refutation of these charges.
The testimony of Mr. Amesworthy, of the Ameswor-
thy & Gavitt Detective Agency, showed that he was
cognizant of all the facts. He definitely stated in the
course of the hearing in this case that this alien, who
was a member of the Communist Party, was engaged in
getting first-hand information from the general office of
that organization in order that this information might
be forwarded to the client, who subsequently sent it to
HOW THE ARRESTS WERE MADE 33
the Cleveland office of the Department of Justice. Mr.
Amesworthy says:
“I am in a position to state that the majority of the reports,
or at least the greater part of the information contained in
all of his reports, were forwarded to Mr. Bliss Morton,
Special Agent-in-Charge, United States Department of Justice,
Cleveland, by our client.”
A Victim of the Agent Provocateur
Raids and a number of arrests were made in Youngs-
town, Pittsburgh and Cleveland, where Iwankiw was
active, solely on the basis of information furnished by
this “under-cover man.” During the course of this study
Alexander Bunda was found to be a victim of the activi-
ties of Iwankiw in his capacity as an agent provocateur.
Alexander Bunda (Warrant No. 54860/905) is a na-
tive of Galicia, thirty years of age, is married and has
two children, both born in the United States, and at the
time of this investigation another child was expected.
He had been in this country five years and had lived in
Youngstown two years, where he worked as a car re-
pairer for the P. & L. E. R. R. He had intended returning
to his native country and for that reason had not become
an American citizen. In the Spring of 1919 he became a
member of the Socialist Party. In the late Fall of that
same year he, together with the other members of his
branch, were induced by Iwankiw, according to the lat-
ter's testimony, as reported in the special memorandum
of the Inspector-in-Charge in the Iwankiw case, to trans-
fer to the Communist Party. On or before January 6,
1920, he was arrested, without warrant, on the instiga-
tion of Iwankiw.
In his preliminary examination as well as in his subse-
quent hearings Bunda did not deny membership in the
Communist Party, but stated that this membership was
by a transfer which, according to his understanding, did
34 THE DEPORTATION CASES
not prove him guilty of the charges of anarchy presented
in the warrant of arrest. The only evidence submitted in
substantiation of the charges against him consisted of a
mimeographed copy of page six of the Communist Mani-
festo and Constitution. Under date of March 27, 1920,
the Immigration Inspector-in-Charge of the district sub-
mitted a memorandum in which he says:
“I beg to call attention to the report of the hearing which
is being forwarded to-day in the case of Dyntro Iwankiw,
who claims that he induced this alien and others to join the
Ukranian branch of the Communist Party for the purpose
of providing him with information. It is understood that
none of the men involved knew that Iwankiw was an ‘under-
cover' man.”
The New York Times on January 3rd, in an account
of the raids of the preceding night, stated:
“For months Department of Justice men, dropping all other
work, had concentrated on the Reds. Agents quietly infiltrated
into the radical ranks, slipped casually into centers of agitation,
and went to work, sometimes as cooks in remote mining colo-
nies, sometimes as miners, again as steel workers, and, where
the opportunity presented itself, as “agitators” of the wildest
type. Although careful not to inspire, suggest, or aid in the
advancement of overt acts or propaganda, several of the agents,
‘under-cover’ men, managed to rise in the radical movement
and become, in at least one instance, the recognized leader of
a district.”
It is due to the Department of Justice to state that this
account has been declared false by the Attorney-General's
office.
CHAPTER IV
HOW THE ALIENS WERE TRIED
“The Trial”
In the judicial sense there is no “trial” in deportation
cases, because the proceeding is wholly administrative.
Nevertheless the hearing or examination given to the
alien may properly be called, and is commonly called, a
trial, since on the determination of fact for which it is
conducted depends the destiny of the person involved,
and the requirement of fairness is as binding as in a
court of justice.
The Interpreter.
Obviously, in the trial of, aliens the interpreter is all-
important. The records examined in this study raise
two grave questions as to the part played by this official.
1. In some cases, as in that of Andrew Chuprina
(Warrant No. 54709/551), the indication is that the
interpreter's knowledge of English was very slight. A
membership book was submitted in the course of the
hearing and apparently the alien stated that it was not
his.
The following is an exact copy of the dialogue as its
appears in the record:
Q. “Whose book is it?” -
A. (By the interpreter.) “Same place live with him other
fellows. Probably that book belonged to him.”
Q. “What were you doing with this book?”
A. (By the interpreter.) “He said he was beaten over
there when he was asked the question and he cannot answer.
He give him answer that it belonged to him.”
The danger involved in putting an accused person at
the mercy of this kind of interpreting is obvious.
f
35
36 THE DEPORTATION CASES
2. Even more important than the intelligence of the
interpreter or his ability properly to interpret the alien's
or the inspector's meaning is the question whether the
interpreter was in any way connected with the prosecu-
tion. In one city where 27 of the 200 arrests reported
in this account were made the following facts regarding
interpreters were disclosed:
In 17 of the 27 cases the aliens had an employee of the prose-
cuting department of the Government as interpreter (Cf.
Warrant No. 54811/534). -
In 5 cases the accused spoke English well enough so that no
interpreter was employed (Cf. Warrant No. 54809/64).
In 5 cases the interpreter was not otherwise connected with
the case (Cf. Warrant No. 54860/363).
In 3 of the 17 cases in which an employee of the prose-
cuting department acted also as interpreter, the same
man further took the stand simultaneously and testified
against the alien. This was true in the case of William
Vorinin (Warrant No. 54809/116). In two other cases
the interpreter was the man who furnished original
affidavit which caused the arrest of the alien, which was
introduced as evidence against him (cf. Warrant No.
54859/514 and Warrant No. 54859/492). In another
city where 5 of the 200 arrests were made we again find
an employee of the prosecuting department of the gov-
ernment acting as interpreter in 4 cases. In the fifth
case no interpreter was needed.
Counsel for Alien: The Changed Rule
The counsel for the alien was another important fac-
tor in the hearings at which the aliens were asked to
prove why they should not be deported. One of the
most serious elements in the whole matter under exami-
nation is the fact that on December 21, 1919, just prior
to the principal raid conducted by the Government, a
notable change was made in the rule governing pro-
HOW THE ALIENS WERE TRIED 37
cedure at the hearing given to the alien who is alleged
to be unlawfully in the country. The section in question
is known as Rule 22, Subdivision 5, paragraph b. Prior
to December 31, 1919, the first sentence of this rule read
as follows: -
“At the beginning of the hearing under the warrant of arrest
the alien shall be allowed to inspect the warrant of arrest
and all evidence on which it was issued, and shall be apprised
that he may be represented by counsel.”
As amended by order of the Acting Secretary of Labor,
this sentence reads:
“Preferably at the beginning of the hearing under the war-
rant of arrest or at any rate as soon as such hearing has pro-
ceeded sufficiently in the development of the facts to protect
the Government's interests, the alien shall be allowed to inspect
the warrant of arrest and all the evidence on which it was
issued and shall be apprised that thereafter he may be repre-
sented by counsel.”
Delays in Admitting to Counsel -
On January 28, 1920, less than a month after this
amendment to Rule 22 was promulgated, it was annulled
by the Secretary of Labor, and the original form was
restored. But in the meantime this obviously important
guarantee of the alien's rights was in abeyance and it is
impossible to know to what extent injustice was suffered
by persons ignorant of the law, knowing English imper-
fectly and terrified by their sudden seizure and arraign-
ment, in the absence of counsel to aid them in making
a defense. So far as the records of the two hundred
cases under examination indicate, in no case was the
alien informed at the preliminary examination that he
was entitled to be represented by counsel at the trial.
In some cases this information was not given until the
hearing was nearly over.
The records show that 125, or 62.5 per cent of the
200 aliens whose records were examined were repre-
38 THE DEPORTATION CASES
sented by counsel at some time during the proceeding,
while 71, or 35.5 per cent, for reasons which will be
presently stated, waived their right to counsel. In 4 cases
the facts relative to such representation were not re-
corded.
In the case of Prokpey Mojelka (Warrant No. 54860/
3) he was not informed of his legal right as to counsel
until after nine pages of testimnoy had been taken. At
this time alien waived his right to counsel. He was or-
dered deported. Alex. Bunda (Warrant No. 54860/905)
was informed of his right to counsel almost at the very
end of his hearing. In the case of Sergy Krook (War-
rant No. 54809/344) at the end of the record of hearing
we find a note “case deferred for counsel,” but there is no
record of any further hearing having been held and the
alien was ordered deported.
That the alien whose hearing was well under way
when he was informed of his right to counsel should
waive the right is not surprising. Counsel is not easy
to obtain under such circumstances, and after the hearing
had “proceeded sufficiently in the development of the
facts to protect the Government's interests” the alien in
question may very well have considered the advantage
of counsel as negligible.
At the same time in some cases other reasons were
given for waiving right to counsel, as illustrated in the
following: .
Alex Grochowski (Warrant No. 54810/191):
“I am ready to defend myself; I don't need any attorney.”
Wasil Lalajo (Warrant No. 54709/190):
“I have no money to feed my family, to say nothing of
employing an attorney.”
Mike Prohorchuk (Warrant No. 54709/167):
“I can talk without counsel.”
HOW THE ALIENS WERE TRIED 39
M. Babiarz (Warrant No. 54859/955):
“I do not need a lawyer. I have not committed a crime or
done anything.”
Character of Counsel
The type of the man who acted as counsel for these
aliens ranged from the unscrupulous mercenary lawyer
to such law firms as Niles, Wolff & Norrow, of which
Judge Niles, head of the Baltimore Bar, is senior part-
ner. A representative of the Department of Justice
stated in the author's hearing that he had been appointed
to act as counsel for one of the aliens.
Types of Evidence Submitted: Photostats
A special study of 124 cases, taken at random, was
made with particular reference to the types of evidence
submitted in substantiation of the charges of anarchy,
etc., made against the aliens. The prevailing form of
evidence was found to consist of photostatic copies of
various documents such as the Communist Manifesto,
Constitution of the Union of Russian Workers, etc.
These were made up in stock form and mimeographed
and submitted as evidence in 60 cases, or slightly over
48 per cent of the total. In 8 cases no evidence what-
soever was submitted.
Affidavits
In 14 cases the only evidence submitted was the cus-
tomary affidavit of the Department of Justice. This affi-
davit also was in a mimeographed form and in substance
was a statement that the agent “is informed and verily
believes” the alien to be an anarchist or member of a pro-
scribed organization. In some cases the signature of the
agent making the affidavit was not affixed. The Record
of Preliminary Examination was submitted in 61, or 49
40 THE DEPORTATION CASES
per cent, of the 124 cases examined. In 6 cases it was
the only evidence submitted. These records frequently
did not bear the signature of the alien or of the officer
making the examination and often were extracted under
threats and varying forms of compulsion. The absence
of the interpreter also gave rise to all kinds of possibilities
in the way of misunderstanding, as an examination of the
records reveals. .
Again, the records of the hearings frequently revealed
the fact that the agent making the original charge was
asked to produce the evidence or to disclose the source
of his information. Invariably he refused to do this.
When questioned concerning his information that the
alien was a member of a proscribed organization, the
agent would frequently state that his information was
derived from confidential sources the disclosure of which
he considered would be inimical to the interests of the
Government.
Membership Cards
A more substantial type of evidence is found in some
cases. In 36 of the 124 cases studied, membership cards
were submitted as evidence. Ten of these cards showed
membership in the Socialist Party, three membership in
the Communist Labor Party, and the remaining indicated
membership in one of the proscribed organizations. From
some of these it was clear that no dues had been paid to
the organizations. Other cards were offered as evidence
with no claim that they belonged to the alien, and very
few of them bore any mark which would identify them
as being the property of the alien.
Other forms of evidence consisted of tickets to meet-
ings and social gatherings given under the auspices of
the Socialist or Communist parties; subscription lists con-
taining names of those who had contributed to funds to
HOW THE ALIENS WERE TRIED 41
help the wives of men arrested or for purposes of like
character. In the cases of two men there were photo-
graphs showing the alien with a copy of a Russian paper
called “Bread and Freedom” in his hand. In two other
cases, group pictures were submitted purporting to show
the members of a local branch of the Communist Party.
Post-cards and letters were also frequently found among
the exhibits, and when signed “Yours for Communism,”
were considered particularly strong evidence. (Cf. Jos.
Jankauskis, Warrant No. 54860/353.)
A Serious Charge
As an indication of the grave questions raised by the
effort to prove a discreditable affiliation the following
case may be cited: .
Mary Muroff (Warrant No. 54809/987) admitted
having been a member of the Communist Party. In her
testimony she stated that she did not know that the
Communist Party was a proscribed organization and
did not know that it advocated force or violence against
the United States Government. When told that this was
the case she said:
“Had I known that, I would not belong to them.”
The examiner asked how she expected him to believe
that she knew nothing of the principles of the Com-
munist Party when she had been elected a member of
their State Executive Committee. She replied:
... “I don't know whether any one will believe me, or not, but
it is the truth. ... ... I don't know the principles; neither
have I ever seen their program.”
As evidence against her a statement of the Special
Agent of the Department of Justice signed by the alien
was introduced.
“I signed that, but it says that I signed of my own free
will and no force was used to make me sign it, but that is
not true. I was compelled to sign it . . . at first I said I
42 THE DEPORTATION CASES
did not know, whether it would be good for me to sign it,
but he said, “if you do not sign it we will have to go hard
on you.” After that was said, I said, “if that is the case do
as you please.’” .
She sums up the situation from her point of view
when she concludes:
“I have this to say. That if a person belongs to an or—
ganization that he does not understand the principles of or
its meaning, and thereby makes a mistake, all the facts should
be investigated and the benefit given to such a person.”
Exceptional Types of Evidence -
There were particularly striking types of evidence
submitted in various cases, of which the following are
examples:
In the case of Fred Poliuk (Warrant No. 54809/800)
an interesting piece of evidence was submitted. He was
married and had one child and in the six years of his
residence in the United States had built up a grocery
business which he valued at $6,000 or $7,000. The alien
was alleged to have hired a hall for the purpose of hold-
ing a radical meeting. Poliuk testified that it was rather
for a school for the teaching of English and that the
hall had been leased three or four months for this pur-
pose. He was arrested on charges of anarchy on or
about January 3, 1920, and after preliminary examina-
tion he was released under bond, which he furnished
himself to the amount of $1,000. A rather bulky envelop
marked “Exhibits” and containing the evidence in the
case of this alien was attached to the record of the hear-
ing. When opened, it revealed a bright red flag on which
was printed in Russian characters an inscription, the
official translation of which was:
“GOOD LUCK to Soviet RUSSIA.”
No other evidence accompanied this case. Because of
the lack of substantial evidence against the alien, on
HOW THE ALIENS WERE TRIED 43
recommendation of the examining inspector and the
Commissioner General, in which the Assistant Secretary
of Labor concurred, the warrant of arrest was cancelled
on April 3rd, three months from the date of his arrest.
In the case of Stanley Dudek (Warrant No. 54859/
808), the only evidence submitted was a copy of the
examination made on the night of his arrest at which
the questions had been propounded and answers inter-
preted by a special agent of the Government. Neither
the alien nor the agent were under oath. The defendant
did not understand any English whatever. The tran-
script did not bear the signature of either the alien or
the officer making the examination or of witnesses. This
and no other evidence was submitted in substantiation
of the charges made against the alien. This man was
arrested on January 3, 1920, the warrant being issued
on January 9th. Bail to the amount of $1,000 was fur-
nished and he was released on or about January 20th.
On or about March 22nd, nearly three months after his
arrest, the warrant was cancelled.
The case of Joseph Polulech (Warrant No. 54709/
449) is referred to in another section of this report
(Cf. page 60). The only evidence submitted in this
case was a carbon copy of extracts from pages 2 and 3
of the membership book of the Union of Russian Work-
ers. No claim was made that the membership book
from which these extracts were made belonged to the
alien or that it was even found in his possesion, or that
it had ever been read by him. This alien was a native
of Russia, 27 years of age. He was not married. He
had been in this country for 7 years and at the time of
his arrest was employed as a packer for the American
Distributing Co., 33 Essex Street, New York City. No
bail being furnished, Polulech was held in jail from the
44 - THE DEPORTATION CASES
time of his arrest in November until December 21st,
when he was deported on the “Buford.”
Change of Charge
In a number of cases where the evidence submitted
seemed to be insufficient to prove the charge made against
the alien, an additional charge or a change of charge
was made.
Andrew Chuprina (Warrant No. 54709/551) is a case
in point. Chuprina was born in Russia and was 38 years
of age at the time his case was studied. He came to the
United States from Winnipeg, Canada, in February,
1916. At the time of his arrest he was living in Detroit
with his family, consisting of his wife and three chil-
dren. He was in the employ of the Western Electric
Company. His frugal habits are illustrated by the fact
that he had saved several hundred dollars. During the
War Chuprina had registered in the Draft, had purchased
Liberty Bonds and for ten months he had contributed
$1.00 per month toward the support of the Red Cross.
Chuprina was arrested on November 8, 1919, on the
charge of being a member of The Union of Russian
Workers. The charge was based on the evidence sub-
mitted in the case, that the name “Chuprina” occurred
in the membership book of the Detroit Branch of The
Union of Russian Workers. In the course of the hear-
ing which was held on November 29th, 1919, he definitely
and consistently denied the charge of being a member of
The Union of Russian Workers, and when the member-
ship book was shown to him it was discovered that only
the last name, “Chuprina,” occurred, and not his first
name. Thereupon the defendant called attention to the
fact that there were many Chuprinas living in Detroit,
and that he could not be charged with belonging to The
Union of Russian Workers. º
HOW THE ALIENS WERE TRIED 45
It was at this point that a new charge was introduced
in the case by the examining inspector, who claimed that
at the time of entry the alien was liable to become a
public charge. An examination of the alien in respect
to this point revealed that at the time of entry into the
United States he had observed all regulations as to pass-
port, examination by immigration officials, and had at
that time $100 in his possession.
Notwithstanding these facts, the inspector conducting
the hearing added the following charge to that of anarchy
previously made and unsubstantiated:
“In addition to the charge in the warrant of arrest in this
case, I therefore charge that you have been found in the
United States in violation of the Immigration Act of February
[5], 1917, for the reason that you were at the time of entry
liable to become a public charge.”
A proceeding of this kind inevitably creates the impres-
sion that the official was determined to force the alien
out of the country by one means or another.
This alien was ordered deported on December 17, 1919.
On June 1, 1920, he was still in jail, having been unable
to furnish bond of $10,000 which had been required in
his case. On that date the citizens committee of Detroit
petitioned the authorities to release the alien on a bond
of $500 which they offered to furnish, pending a rehear-
ing in this case. An inspector of the Department of
Labor recommended the cancellation of the warrant.
The case was ordered reopened on June 11th for a
hearing and on September 25th the alien left this coun-
try voluntarily.
Statements of Government Agents
Striking also are the testimonies of agents of the
Government relative to the evidence submitted in differ-
ent cases. Frequently the agent made the statement
that he was in possession of confidential information the
46 THE DEPORTATION CASES
source of which he could not divulge and he could not
produce substantial evidence against the alien.
In the case of Jos. Jankauskis (Warrant No. 54860/
353), the record contains the following question by the
inspector and answer by the agent of the Department
of Justice:
Q. “Have you any evidence you desire to offer in this
case, or witnesses?”
A. “No, I would like to have the record show the following:
Several weeks ago Mr. B. wrote a letter to the Bureau of
Immigration giving the names of certain individuals who were
recently taken into custody in connection with the radical
raids on deportation warrants, for expedient reasons, among
them being the inability of the Department and the undesirabil-
ity of the Department to expose certain confidential inform-
ants, the request was made that cases of certain individuals
mentioned in such letter be dropped. Among the number is
that of this defendant. Pursuant to the representations made
in said letter, I am authorized to state here that the Department
of Justice has no evidence and there are no witnesses that it
cares to introduce in this case.”
This alien was arrested prior to February 2, 1920. The
warrant of arrest is dated January 12th, but neither the
date of arrest nor the date of the preliminary examina-
tion is given. The alien was released on bond of $1,000
and on recommendation of the examining inspector and
the Bureau of Immigration, in which recommendations
the Assistant Secretary concurred, Jankauskis' warrant
was cancelled on April 15, 1920, more than two months
after his arrest, for lack of substantial evidence.
A statement of similar import is found in the case
of Mike Strlhok (Warrant No. 54809/104), in which
the special agent states: .
“At the time we applied for the warrant we had ample evi-
dence, secured through confidential sources, that this alien was
a member of the Communist Party which, at the present time,
I do not believe we are in a position to offer without disclosing
HOW THE ALIENS WERE TRIED 47
our sources. Therefore, I do not believe we have any evidence
at the present time to show in this case. . . . I will further
say that the R. Priest from St. Michael came up to the office
and told us that he knows the man and that the man probably
was a member of the organization, but he went there through
some misunderstanding or ignorance and that he is a good
church follower. He believes him to be a man of good stand-
1ng.
Mike Strlhok was arrested prior to January 6th, neither
the date of the arrest nor the date of the preliminary
examination being given. Bail was furnished and on
April 6th, more than three months after his arrest, the
warrant was cancelled.
In the case of Wasily Zhestkow (Warrant No. 54859/
514), the following testimony was given by the agent:
“The file in my possession covering this case discloses no
evidence that is competent to introduce here. It is a record of
information coming to the Department from apparently credit-
able confidential sources which indicated in the first instance
that this man is connected with one or the other of the outlawed
organizations. An investigation has been made concerning him
since that time and since his arrest. Such special investigation
has failed to disclose anything which justifies the conclusion
that he is a bad character or lacks a disposition to be law-
abiding. The only thing that appears from the record is his
attending of the Soviet Technical School. The only evidence
we have, referred to one Elukevich and one Rusak. If the
inspector deems it necessary to produce those witnesses here in
this case, well and good; otherwise we have nothing further
to offer.” .
This man was arrested on January 2nd. Bail to the
amount of $1,000 was furnished and on April 15th, more
than three months after his arrest, the warrant was can-
celled because of lack of evidence to substantiate the
charge. *.
In the case of Demetri Zosko (Warrant No. 54809/
128) the agent makes the following statement:
“I would like the record to show this, if you please: That
this man was arrested on the basis of his name appearing on
48 THE DEPORTATION CASES
a list which we received, apparently authentic. I recognize
that fact that this man's name appearing on the list is not
positive proof that he is a member, but we concluded it of
sufficient account in the first instance for his apprehension
subject to such refutation as could be made.” [He stated that
he had no knowledge of the list except that it had gone to
Washington as an official document. When asked if he could
have identified the list as an official record, the agent replied
that he could not do so “without disclosing confidential inform-
ants and under-cover men, and this the Department considers
inexpedient.”]
This alien was arrested sometime prior to February 3rd,
but the date of the arrest and the date of the preliminary
examination are not given. On or about January 12th
he was released upon the furnishing of bail to the amount
of $1,000. On recommendation of the examining in-
spector and the Bureau of Immigration, in which rec-
ommendation the Assistant Secretary concurred, the war-
rant of arrest was cancelled on April 13th, more than
two months after the man's arrest.
Final Disposition
The final disposition of the 200 cases whose records
of hearings have been reported herein was as follows:
Warrant cancelled . . . . . . . . . . . . . . . . . . . . . . . 97
Deportation ordered . . . . . . . . . . . . . . . . . . . . . 78
Proceedings stayed . . . . . . . . . . . . . . . . . . . . . . 18
Ordered re-opened . . . . . . . . . . . . . . . . . . . . . . 4
Decision pending . . . . . . . . . . . . . . . . . . . . . . . 1
Released on parole . . . . . . . . . . . . . . . . . . . . . . 1
No warrant issued. . . . . . . . . . . . . . . . . . . . . . 1
200
In accord with a provision of the law habeas corpus
proceedings have been instituted in several cases at the
instance of the alien's attorney in order to secure court
HOW THE ALIENS WERE TRIED 49
review of the decision. This action might have been
taken in more cases but for the fact that habeas corpus
proceedings in deportation cases are not usually insti-
tuted until the deportation warrant is about to be exe-
cuted. Relatively few cases have actually reached that
stage. Recent decisions in certain cases will be noted
in the final chapter.
CHAPTER V
HOW MANY WERE CONNECTED WITH
PROSCRIBED ORGANIZATIONS
The Habit of “Belonging”
It is fitting at the beginning of this chapter to indi-
cate how it is often possible for immigrants to belong
to objectionable organizations without their being aware
of the principles which these societies represent. To a
person intimately acquainted with immigrant communi-
ties this is not difficult to understand. Immigrants with
very little education, such as constitute 90 per cent of
every immigrant community, find the main outlet for
their social impulses in belonging to all kinds of societies
whose number is legion in every immigrant center. They
“belong” as naturally and attend as regularly as they
eat, not because the organization adheres to one set of
principles or to another, but primarily because it is a
“society.” With nearly every such immigrant society
there goes the mutual benefit feature which attracts
many. Moreover, it makes an appeal to one's sense of
leadership. In one society he is made secretary, in an-
other he may be a teller, but he is an “officer,” and that
gives him prestige in his community.
It follows that an immigrant frequently belongs to
a number of organizations which are contradictory in
principles. He may object freely to things said in the
meetings but still fail to see the incongruity of his be-
longing to so many groups differing in objectives or in
principles.
As an illustration of this fact the author recalls a
conversation with an immigrant whom he knew to be
of good antecedents, of fine intelligence and of excellent
character. This man had a family of well-bred children,
one of whom was attending a university. In conversa-
50
CONNECTED WITH PROSCRIBED ORGANIZATIONS 51
tion one day he revealed the fact that he “belonged” to
about ten organizations. There were among them re-
ligious societies, some of which were Protestant, some
Catholic. One was an association representing Italian
national interests, and one was provincial. Another was
made up of men who were natives of a small village in
Sicily. Among others he spoke of an organization which
the author knew to have anarchistic tendencies. Ques-
tioned as to why a man in his position belonged to such
a group, he shrugged his shoulders and said: “Oh, I go
very seldom, and then I go to laugh at them.”
A. CLASSIFICATION OF CASEs
“Proscribed Organizations”
It has already been pointed out that the Secretary of
Labor, in accord with his understanding of the Immi-
gration Laws, ruled that membership in the Communist
Party was in itself ground for deportation. No ruling
was deemed necessary in connection with the Federation
of Unions of Russian Workers, which has been consid-
ered frankly anarchistic. The I. W. W. and the Com-
munist Labor Party were never thus proscribed.
In addition to persons belonging to these two societies,
aliens found to entertain or advocate a belief in the
overthrow of the Government of the United States are
by the terms of the law liable to deportation. For all
practical purposes such persons were on a par with
members of proscribed organizations. For this reason
instead of making still another class, all persons who
were found to be clearly within this deportable group,
have been included in the class “members of proscribed
organizations.” -
The two hundred records which form the basis of this
study were examined with a view to determining the
facts concerning affiliation with the proscribed organi-
52 THE DEPORTATION CASES
zations. The cases fall into five classes:
FIRST: Those clearly not members of the organizations
in question.
Second: Those clearly members of a proscribed or-
ganization. A. -
THIRD: Those who became members of such organi-
zation by automatic transfer.
FourTH: Students in schools connected with pro-
scribed organizations.
FIFTH: Doubtful cases.
The evidence is so unsubstantial and often so circum-
stantial that it clearly seemed to have caused perplexity
on the part of the inspectors called upon to decide the
destiny of the aliens. In many cases the inspectors ap-
pear to have given the benefit of the doubt to the Gov-
ernment rather than to the accused. They often pro-
nounced judgment against the alien on a pure techni-
cality, and equally as often they made recommendations
based upon their personal knowledge of the alien which
were inconsistent with their formal judgments.
Four factors have entered into the classification: (1)
The evidence submitted at the hearing; (2) testimony
given by the alien together with his past record; (3) rec-
ommendation made by inspector; (4) the final disposition
made in the case of the highest authority in the matter—
i.e., the Secretary of Labor.
1. Not MEMBERs of PROSCRIBED ORGANIZATIONS
Of the 200 cases here reported 47 belong to this class.
They emphatically and in a consistent manner disclaimed
connection with such an organization. Moreover, what
was known of their past history, the inconclusiveness of
evidence against them, together with the final disposition
in their cases, combined to make it clear that these aliens
CONNECTED WITH PROSCRIBED ORGANIZATIONS 53
were orderly residents of the United States and in favor
of its form of life and government. In many instances
they had families in the United States and were desirous
of remaining in this country.
A Typical Case.
David Expak (Warrant No. 54810/128) furnishes a
typical illustration of this class of alien who clearly did
not belong to a proscribed organization. * -
This alien was a native of Russia, twenty-eight years
of age, and had been in this country twelve years. He
spoke English, was married and had one child. He and
his family lived in Lowell, Mass. He was a cobbler
by trade and at the time of his arrest was in business for
himself, conducting an establishment in Lowell. The rec-
ord reveals that he was a man of good standing; he had
never been arrested before. He was arrested on or about
January 2nd on the charge of being a member of a pro-
scribed organization or believing in the overthrow of
organized government. This charge was based upon the
affidavit of probable cause made by a government agent
stating that this alien's name appeared in the same book
as that of one Kulback, and since Kulback was a radical,
therefore this alien must be a radical. The affidavit
does not state the nature of the book. No evidence was
presented in substantiation of the charge of anarchy.
Expak consistently disclaimed membership in any or-
ganization whatsoever. In an apologetic manner he even
refers to the fact that he is “not a member of any Church
because they are far away, one being in Boston and one
in Lawrence.” The alien did not ask for counsel, but
during the hearing a Mr. Edward Tierney testified in his
behalf. In the course of the hearing an agent of the
Department of Justice stated that this alien should be
dismissed because of lack of evidence. In this the Im-
54 THE DEPORTATION CASES
migration Inspector concurred and finally the warrant
was cancelled on April 14, 1920, making the period be-
tween the time of arrest and the time of final disposition
three and one-half months.
2. MEMBERs of PROSCRIBED ORGANIZATIONS
Of the 200 cases here reported, 56 were by their own
admission or by sufficient evidence submitted, proved to
belong to this class. These persons were generally
young and unmarried men; they usually acknowledged
their membership or anarchistic belief consistently and
unequivocally. They made no plea in their own behalf
except that they desired to be deported or to be permitted
to leave at their own expense.
An Example
The case of Mike Hewes (Warrant No. 54709/991)
furnishes illustration, in many respects typical, of aliens
belonging to a proscribed organization. Mike Hewes
was a native of Galicia, was twenty-eight years of age
at the time of his arrest; he was married and had two
children born and living in the United States. He had
been in America about ten years and at the time of his
apprehension was working in a shoe shop in Grand
Rapids, Michigan. He had been able to save five hun-
dred dollars. He had secured first citizenship papers six
years before and made an attempt to get final papers
but had failed to secure them on account of his not speak-
ing English well enough. His father was also living
with him and had been in the United States for a year
and a half. He also had a brother and a sister in Cleve-
land. Hewes had registered for the draft but had
claimed exemption on account of his having dependents.
He was arrested on or about January 2, 1920, on
warrant dated December 27, 1919, on the charge of being
CONNECTED WITH PROSCRIBED ORGANIZATIONS 55
a member of the Communist Party. The alien acknowl-
edged having been a member of the Communist Party
for about three months. He testified as follows con-
cerning his membership in the Party: -
Q. “Is the Communist Party organized for the purpose of
overthrowing the capitalistic Government of America?
A. “Yes, intended to throw it over. The United States'
doesn't bother me. I am not a citizen. If I was it would
interest me.” . -
The warrant of arrest was read and explained to this
alien. Then he was asked whether he understood the
charge. To this question he replied:
“. see the warrant, I believe, but I haven't done any damage
yet.' -
Concerning his deportation he made the following state-
ment:
“I don't want to go to Galicia because that is under the juris-
diction of Poland and they murder everybody there.”
And further:
“If they deport me I want the wife and children to go with
me.” -
Q. “Is your wife also a member of the Communist Party?
A. “When the husband is a member the wife is also. She
beiongs justikº I do.”
The alien was unable to furnish bond and was held in
detention until March 20, 1920, when order of deporta-
tion was issued, and as no deportations to Russia have
been effected since that date this alien is still held. (No-
vember, 1920.) •
It may also be added that Anastasia Hewes, wife of
this alien, was also arrested (Warrant No. 54861/127)
but proceedings in her case were cancelled.
3. MEMBERS BY AUTOMATIC TRANSFER
These persons were invariably members of the Left
Wing of the Socialist Party. In September, 1919, when
56 THE DEPORTATION CASES
the Left Wing formed itself into the Communist Party,
many locals were transferred en masse to the Commu-
nist Party. The members of these locals were often
transferred with their society. In some cases the mem-
bers had no knowledge of the transfer or did not give
their approval thereto; or if they were transferred with
their knowledge and approval of transfer they appear to
have had no knowledge of the significance of the trans-
fer or of any illegal principles which the organization
was alleged to embrace. - -
It sometimes happened that the alien had paid dues
for a year in advance in the Socialist Party. After the
transfer from the Socialist to the Communist Party these
dues were applied to the latter, thus technically bringing
the alien into the proscribed class whether or not he
approved of his transfer. The final decision in the mat-
ter seemed to have depended upon a referendum vote
of each local branch. The question of membership of
such cases in the proscribed classes is very doubtful.
Attention may also be called to the fact that these
persons became members by the automatic transfer of
an organization long before the organization was de-
clared proscribed by the authority of the Secretary of
Labor. When the organization became proscribed they
did not have an opportunity to declare themselves in
favor of or against the outlawed organization. Of the
200, 74 became members of one of the proscribed or-
ganizations in this manner. Of these 29 were entirely
ignorant of the transfer, while 45, although having a
knowledge of the transfer, seemed not to understand its
significance.
Transfer Without Alien's Knowledge
A typical example of this class is furnished by the
case of Paul Rosensky (Warrant No. 54811/603). Paul
connected witH PROscRIBED ORGANIZATIONs 57
Rosensky was a Lithuanian, thirty-one years of age. He
was single and at the time of his arrest he had been in
this country six years. He was in the employ of the
Illinois Central Shops, Burnside, Illinois. An inter-
preter was used in his case. He had served in the Rus-
sian Army and had registered for the draft during the
recent war and was placed in class five. He had a step-
brother living in this country with him. He had first
citizenship papers. -
He was arrested at his home on or about January 2,
1920, on warrant of the same date, charging him as
being a member of the Communist Party. He was given
a regular hearing on January 31, 1920, and was ordered
to be released on bond.
When questioned as to his organization membership
he testified as follows:
“I was a member of the Socialist Party, and they told us
. e 39
to change our name and I remained Secretary.
A considerable amount of evidence was submitted in
this case which consisted of the usual quotation from the
Manifesto and Program of the Communist Party; a card
showing membership in the Communist Party; a charter
of the party together with the minutes book of the branch
kept by Rosensky himself. There was also submitted
the official stamp of the Communist Party, together with
a suitcase belonging to the alien containing Communist
books, etc. • -
The alien did not deny that he was a member of the
Communist Party but stated that he had paid dues a
year in advance in the Socialist Party and that this made
him, ipso facto, a member of the Communist Party. He
testified further that his local branch had protested
against affiliation with the Communist Party: t
. “Did the members of your local ever vote as a local to
affiliate with the Communist Party of America?”
58 THE DEPORTATION CASES
A. “No, we were protesting all the time.”
Q., “Did your local take part in the referendum vote on the
question of joining the Communist Party with other locals of
the Lithuanian Socialist Federation?”
A. “Yes.” -
Q. “Do you know what the result of the referendum was f"
A. “I don’t know.” -
Q. “Has any official notice been served upon you , or any
other member of your local as to what the result of that ref-
erendum was P”
A. “We don’t know yet.”
Q: “Did your local No. 137 of the Lithuanian Socialist Fed-
eration ever vote to apply for a charter in the Lithuanian
Communist Federation?”
A. “No. . . . As soon as we find out the result of the
referendum why we may remain in the Socialist Party or the
º of the members will vote to come back in the Socialist
arty.” º
Q. “Was membership in local No. 137 open to the public?”
A. “Yes, but since we changed the name we did not invite
anybody to become a member because we did not know to what
party he belonged.”
As to his attitude toward the government of the United
States the alien gives the following rather hazy expres-
sion:
8, “Do you believe in a change in the Government in any
way
A. “I am not an American citizen and I don't think about
and I am not engaged in it. I have nothing against the Gov-
ernment.”
A summary of findings as well as the final disposition
makes this case a typical example of this class. On April
16th order was given as follows: Stay proceedings three
months; Inspector-in-Charge to be instructed to report
at end of that period.
Transfer Not Understood by Alien
The case of Elia Matushko (Warrant No. 54859/464)
furnishes a typical illustration of aliens who were trans-
ferred from the Left Wing of the Socialist Party to the
CONNECTED witH PROSCRIBED ORGANIZATIONS 59
Communist Party with knowledge of the transfer but
without knowledge of the significance of the transfer.
Matushko was a Russian twenty-five years of age. At
the time of his arrest he had been in this country eight
years. In Russia he had lived on a farm; in this country
he was working in a cafeteria in Chicago. He was single.
He had never been arrested before. He could read and
write in his own language, but it is not clear whether he
could speak English; an interpreter was employed in his
case." He had registered for the draft and had been
placed in class five. He was arrested on or about Jan-
uary 7, 1920, and apparently was held in the House of
Correction, where he was given a regular hearing on
January 15, 1920.
When informed as to his right to counsel he said:
“I have not got anything. I didn't commit any crime. I
don't need any lawyer.”
When questioned on the point he frankly admitted
both activity and membership. The following is from
his testimony:
“I joined the Socialist Party. My desire was to get an edu-
cation and there was a school at this branch of the Socialist
Party and I joined it. When I started to attend this school
they told me I joined the Socialist Party and then the Socialist
Party was transformed into the Communist Party. I didn't
know the particulars or the reason this thing was done, but
I find out later on we are members of the Communist Party.
I didn't hear the principles of this organization up to this
morning. It is the first time I heard about the program. Part
of it I heard, but not all of it. The important part I did not
hear until this morning.”
Regarding his attitude toward the Government of the
United States the alien testified: -
“I have nothing to do with this country. I am not a citizen
of this country. I absolutely do not believe in any change of
government in this country. My country is Russia and I am
a citizen of Russia, and that is why I am concerned in it.”
60 THE DEPORTATION CASES
Matushko expressed his desire to be deported to his
native country. Therefore, on April 13th he was ordered
deported “solely for membership in the Communist
Party.” He has thus far (November, 1920) not been
deported.
4. STUDENTS IN SCHOOLS ConDUCTED BY OR IN Con-
NECTION witH RADICAL ORGANIZATIONS
Of our 200 cases 8 were arrested and detained because
or as a result of their being connected with schools main-
tained by or in connection with radical organizations.
Examples of such schools were those conducted in the
People's House in New York City, and the House of the
Masses in Detroit. From the records it does not appear
that these young men were strictly members of any of
the proscribed organizations. It may be, however, that
radical instruction was being given at these schools al-
though the records mentioned only English, history,
civics, arithmetic, engineering, automobiling and Rus-
sian as the major subjects taught.
Joseph Polulech (Warrant No. 54709/449) furnishes
a clear example of this type. Polulech was a Russian,
twenty-seven years of age, single, and had come to the
United States in 1912. At the time of his arrest he was
in the employ of The American Distributing Company,
33 Essex Street, New York City. He was attending a
school conducted in the building known as the People's
House on 15th Street in New York City. On the eve-
ning of November 7, 1919, while taking a lesson in math-
ematics he was arrested without warrant. The record
of the hearing did not include the affidavit of probable
cause and there is no indication that the alien had even
the customary preliminary examination upon being ar-
rested. No evidence was offered by the authorities in
CONNECTED WITH PROSCRIBED ORGANIZATIONS 61
substantiation of the charge that the alien was an ob-
jectionable person except that in the course of the hear-
ing a mimeographed copy of pages two and three of the
membership book of The Union of Russian Workers
were read in the record, but it was not even claimed that
this membership book had been read by or belonged to
or had been found in the possession of the alien.
A hearing was given Polulech on November 9th, and
on November 25th before an immigrant inspector at
Ellis Island. In answer to the question whether he de-
sired to be represented by counsel the alien stated:
“I cannot tell anything more to a lawyer or through a
lawyer than I can tell to you. I am ready to answer all ques-
tions.”
Belonged Only to the Church
In answer to the various questions the alien in a con-
sistent and straightforward, positive manner testified that
he was not a Communist, and that he was not a mem-
ber of any proscribed organization and that the only or-
ganization to which he belonged in the United States was
the Methodist Episcopal Church on Second Avenue, New
York City. He declared:
“I am not an anarchist, I do not belong to anything but the
Church.”
Aside from an examination of the official record of
the trial of this alien a careful inquiry was made of his
pastor concerning his character and conduct. It was
learned that Mr. Polulech, who was a member of his
Church, was ambitious, orderly, and a well-behaved
young man. He became a member of the Church in 1913
and had been up to the time of his arrest a constant
attendant and an active worker. Only two evenings
before his arrest he had attended a meeting of the Broth-
erhood, of which he was an officer. He was also a con-
stant attendant of the evening classes conducted by the
62 THE DEPORTATION CASES
Church, and especially interested in American history,
civics, and the English and Russian languages. When,
in 1919, the Church was unable to open its usual even-
ing classes on account of insufficient funds, Polulech
began attending classes at the People's House.
Mr. Polulech had favored the United States form of
government but had kept his Russian citizenship on ac-
count of the fact that he desired to return to Russia as
an educational missionary for the uplift of his people.
During the war he had been an active member of Liberty
Loan Committees and had made substantial contributions
to every war cause as well as to the maintenance of the
Church and its activities.
The pastor and other friends of Mr. Polulech were
astounded at his being arrested, but were unable to come
to his rescue. It seems that he wrote daily letters from
Ellis Island to his friends and especially to his pastor.
Some of these letters were not received and likewise it
appears that some of the letters that his pastor and
friends wrote him were not received by him.
At the second hearing Polulech, when asked the same
questions which had been propounded at the first hear-
ing, refused to answer, as a protest, in which he was
joined by others, against the practice of interposing a
screen between the prisoners and their friends who came
to see them. He claims that the authorities had broken
their promise to correct this practice.
Before he could establish connections with friends
who would gladly have helped him, Polulech was de-
ported on December 21, 1919, after having been held in
custody and “incommunicado” for six weeks.
5. Doubtful CASEs
The fifth class is made up principally of persons who
seem to have had some tendency toward radicalism and
CONNECTED WITH PROSCRIBED ORGANIZATIONS 63
who at some time were definitely connected with one of
the proscribed organizations. These aliens generally ac-
knowledge previous membership but definitely denied
being members of the proscribed classes at the time of
arrest. No effort was made or evidence submitted by
the authorities to prove that such was the case.
Of the 200 cases here reported 15 fall within this
class. Two of these were ordered deported, three were
held pending further hearing, ten were either dismissed
on cancellation of the warrant or released on their own
recognizance.
A Polish Patriot
The case of R. Mitchell (Warrant No. 54709/163)
furnishes a typical example of this class. Mitchell
was a native of Poland, was twenty-five years of age
and had been in the United States five years. He
was single. He had lost one arm while working for
the American Brass Company at Ansonia, Conn. He
could read and write in the Russian and Polish languages.
He had studied English and could understand it very
well but could not speak fluently. During the war he
had registered in the draft, had waived exemption and
was placed in Class A for limited service. He had also
made contributions to the Red Cross and various other
war funds and had bought War Savings Stamps. His
reason for not being a citizen of the United States he
stated thus:
“I am a Polish Patriot and all my lifetime I dreamt of
Polish independence. I read in the papers that perhaps in three
months, perhaps six months, the war will be ended and the way
will be made clear for me to go back to my native land. That
is why I did not make any effort to become a citizen of the
United States.” -
Mitchell was arrested on or about November 7, 1919
on warrant dated November 6, 1919 by local police on
64 THE DEPORTATION CASES
a charge of being a member of the Union of Russian
Workers. He was given a regular hearing on November
21, 1919, and a second hearing on November 26, 1919.
Bail was asked in the first instance in the amount of
one thousand dollars and later raised to twenty-five
hundred dollars. -
The statement was made by the special agent that he
had in his possession evidence against this alien consisting
of a number of books, pamphlets and correspondence,
including a letter addressed to the alien by the State Sec-
retary of the Communist Party in Connecticut, inviting
him to the State Convention of the Communist Party
at New Haven, September 28, 1919. Another letter was
said to have been written by the alien to a person in New
Britain, Conn., directing him to use his influence in the
interest of revolutionary socialism. The letters pertained
to meetings and other business regarding the organiza-
tion. A copy of the preliminary examination contained
the statement that the alien had admitted that the Polish
Society to which he belonged had become a part of the
Communist Party and that he was a member but had the
right to resign if not in accord with its principles.
Regarding this statement the alien gives the following
testimony: *
A. : “I am not sure as to the nature of his questions, as he
talked to me in English. . I remember, distinctly one question
that I wanted to answer him and I said “talk to me in Polish.’
He refused to talk to me in Polish.
Q. “Was an interpreter present during the questioning?
A. “I don’t know whether he had an interpreter with him or
not. There was no interpreter to translate questions to me in
Polish and I asked him to talk to me in Polish.
In the particular case of Mitchell the main exhibits
claimed to have been submitted in the original case were
absent and no record of their ever having actually been
submitted, was found. .
connecteD witH PROscRIBED ORGANIZATIONS 65
Regarding his belief in anarchy the alien made the fol-
lowing statement:
“I will say, relative to the warrant, that I am not an an-
archist. I consider myself an enemy to anarchism. I belong
only to the Polish section of the Socialist Party. What the
warrant says, that I do not believe in organized government,
is not true. I believe in organized government. I consider
myself a friend of the United States and therefore I am throw-
ing away such a charge. During the time of the war I worked
for the United States in the American Brass Company. The
following, for example: During the registration, in the ques-
tionnaire I stated that the Government could have me at once
if they want me, and they put me in the first class A–for
limited service.” -
He gave further expression to his belief:
Q. “What statement have you to make particularly to the
charge in the warrant that you are a member of or affiliated
with an organization that teaches disbelief in all organized
government?
A. “My organization does not teach this belief. My organi-
zation has its newspaper, ‘Glos Robotniczy,’ which has postal
permission and therefore I read the articles. I do not find
them dangerous for the American Government, because it is
freely permitted for circulation.”
He further states:
“I am a Christian and have nothing against God.”
In view of the fact that this alien claimed to be a
Polish patriot and the fact that the American people
have always stood for the protection of such patriots
the case was deemed doubtful. At the time our investi-
gator visited Hartford County Jail this alien was still
detained. The warrant had been cancelled January 6,
1920. - .
B. Motives PROMPTING AFFILIATION witH
PROSCRIBED ORGANIZATIONS
The aliens’ motives as stated by themselves, for join-
ing various organizations and their interpretation of the
principles of their societies also constitute an interesting
66 - - THE DEPORTATION CASES
and fruitful inquiry. The aliens who admitted member-
ship in proscribed organizations gave various reasons
for their affiliation. These reasons may be roughly classi-
fied as educational, economic, social and political.
Educational Aims
By far the greater number give as their reason for
belonging to a proscribed organization their desire for
knowledge of one kind or another. The following cases
are typical: -
John Huacuk (Warrant No. 54859/830) said that he
joined to: -
“Learn to read and write arithmetic.”
Alexander Kuchinsky (Warrant No. 54861/9) said:
“I desire to learn about automobiles. I discovered that
those who knew how to repair automobiles and run them make
good pay and I wanted to do so.”
William Vorinin (Warrant No. 54809/116) gave as
his reason: .
“As a lover of music I joined this organization (Socialist
Party); when I was in the chorus I was told I must belong
to the organization and so I joined.”
R. Mitchell (Warrant No. 54709/163) stated:
“I entered the party for the reason that I could learn the
history of the Polish workers and the history of mankind
and, therefore, I strived to read, though not much, but all
that was done by the Socialist Comrade Dashinsky and his
party in my native land, Poland.”
Political Motives
There were some who belonged to the organization
for political reasons, declaring their political interest to
be confined to Russian politics.
Sam Kot (Warrant No. 54860/787) gave as his mo-
tive:
CONNECTED WITH PROSCRIBED ORGANIZATIONS 67
“I am a Soviet citizen. As you know my wife and chil-
dren are there and I joined an organization because I want
to be met by the Soviet Government of Russia as a citizen.”
Maxim Bazeluk (Warrant No. 54860/385) states:
“I was told that the Russian people were working for
Russia but not against America. I thought that when they
were agitating that they were agitating only about Russia
but did not say anything about America.”
Peter Falkowsky (Warrant No. 54709/762) said:
“I am only learning about the Communist Party so as to
be ready when I get back to Russia not to be a fool when I
get there.”
One man—Feodor Semenchuk (Warrant No. 54860/-
596)—understood that he could only return to Russia by
becoming a member of the Communist Party.
Economic Reasons
Some of the aliens had an idea of improving their
economic status by joining the organization in question.
One instance will suffice. -
Michael Babiarz (Warrant No. 54859/955) said that
he:

“Joined because speakers said that the capitalists keep the
working men down and try to get them to work as cheaply
as possible and that it was time for the laboring man to
organize for the purpose of getting better conditions and
better pay.” . -
Social Aims - - -
Still others joined these organizations purely for social
reasons as a large number of immigrants in this country
are wont to do. . .
Joe Rive (Warrant No. 54811/946) accounts for his
membership as follows:
“I would be able to send home money and correspond with
my mother and brothers. The man also told me they have
music and singing and that I could pass a pleasant evening.”
Peter Baker (Warrant No. 54809/300) testifies:
“I don't know what it means but I have been a member
68 THE DEPORTATION CASES
for three months. I didn't sign anything. All I did I don't
know what it was, but I now realize what is going to happen
to me. The only thing I joined for was to pass my time.”
Tony Vasilewich (Warrant No. 54709/443) had an
understanding that the organization to which he be-
longed was a sick benefit society. He states:
“When I joined this organization, Union of Russian Work-
ers, I thought it was a mutual benefit society and after getting
acquainted with them on one occasion I asked them if they
give sick benefit, and they laughed at me and I quit them.”
Gabriel Romanovich (Warrant No. 54709/462) gives
the same reason:
“The purpose of it is first to help each other in case of
sickness.”
C. ALIENs’ INTERPRETATION of THE PURPOSE of THESE
ORGANIZATIONS
The alien was rarely asked or offered an opportunity
to state what was his understanding of the purpose of
the organization of which he was charged with being a
member. In a few cases, however, voluntary expression
was given by the alien himself concerning his understand-
ing of the purpose of the organization. Following are a
few citations of such expressions:
1. FEDERATION OF UNIONS OF RUSSIAN WoRKERs
Nickoli Gorin (Warrant No. 54861/145) said:
“It is an organization for teaching culture and education.”
Michael Sawicki (Warrant No. 54709/348) said:
“A Union for the purpose of teaching. illiterate people by
blackboards.” &
Nicholas Melnicoff (Warrant No. 54861/306) gav
the following interpretation: -
“As I understand they are helping the laborers, those who
are in need and out of work, they are helping each other.”
CONNECTED WITH PROSCRIBED ORGANIZATIONS 69
Nicholas Steczyzyn (Warrant No. 54734/229) had a
somewhat different understanding:
“My idea would be to agitate, educate and organize and get
so strong that we could step in and take control of everything
without bloodshed or at least with a very small amount of it.”
Christopher Hetaguroff (Warrant No. 54861/48)
understood the purpose as being:
t “Brotherhood, equality and truth.”
2. Communist PARTY
Sam Merkowich (Warrant No. 54859/159) gave this
as the purpose of the Communist Party:
“Stands for the workers' control; industrial democracy or
political democracy, what we call it. To get control of Gov-
ernment they will organize a majority of the workers through
parliaments and when they have a majority of the workers
organized, take the reins of Government.”
Q. “Do you mean get control of the ballot?” .
A. “Yes.”
In the minds of some the purpose bordered on political
aims, mainly dealing with conditions in Russia.
Alex. Pawlukovich (Warrant No. 54860/216) said:
“I understand that the principles of the Communist Party
are invoked by the working class of the entire world. If
the working class of this country want to make a violen
change or a peaceful change it is their business.” -
Nicholas Torbiak (Warrant No. 54861/261) outlined
his understanding in the following words: -
“You see, we recognize in Communism to not have in our
country kings like there were there, because we were suffering
under kings. We were just used like animals. Lots of our
boys had to leave their country and go find some place else
to make their living, like me, I came to the United States.
I was making my living in the United States and you see
that is why the people decided in the old country to have a
70 THE DEPORTATION CASES
Communist Party and have the communists control the coun-
try instead of kings or czars, because czars used us like
animals.”
Catherine Bloom (Warrant No. 54861/120), a native
of Holland, made an interesting statement at the hearing.
She had no interpreter and seemed to be a thoughtful
and well informed woman. She gave her occupation
as housewife and we were able to learn that her husband
was not arrested and had furnished bail for her release.
They owned their own home and seemed to be in fairly
good financial circumstances. She stated that she had
purchased one fifty dollar Liberty Bond and added:
“I wanted to be naturalized so that I could vote, but they
would not take me.” ... "
She was Treasurer of her branch of the Communist
Party at the time of her arrest. This branch had for-
merly been a part of the Socialist Party. In explaining
the transfer she said:
“The only reason we left the Socialist Party, we did not
believe in using the working people's money for elections and
the outcome of elections.”
She distinctly stated that she did not believe in the use
of force or violence but strongly advocated changes by
means of education.
“I believe, if we would educate these people to that point,
they would become citizens as soon as they saw it was agree-
able.” - . -
Mrs. Bloom definitely wished to remain in this country.
Julius Ohsis (Warrant No. 54859/581) said:
“In our organizations nothing has been said about these
statements in the warrant about the overthrow of the Govern-
ment of the United States. I have never heard discussed
anything as they have in the warrant about using force or
violence in overthrowing the Government of the United States.”
Peter Baker (Warrant No. 54809/300) had a social
understanding: .."
CONNECTED WITH PROSCRIBED ORGANIZATIONS 71
“As I understand it, it was just to get together to enjoy
the evenings because there was no other place to go.”
Nick Saloff (Warrant No. 54861/31) said:
“I wanted to belong for the purpose of enlightment and
discussion.”
Demetri Zosko (Warrant No. 54809/128) understood
the organization as having an economic purpose:
“This organization represented the workers and give them
a better chance to obtain a better living, and me, being a family
man, naturally I joined them.” -
CHAPTER VI
HOW THE ALIENS FELT ABOUT LEAVING
AMERICA
Interesting also is the attitude of the aliens toward
deportation. The simplicity of the testimonies give them
weight and indicate whether or not these men were
really against America or the United States Government.
In this respect the study of the records reveals three
distinct types:
(1) Those who clearly expressed their desire to re-
main in the United States. These for the most part had
families in this country and were not connected with any
proscribed organization.
(2) Those who expressed a desire to leave this country
either at their own expense or by deportation. These
in the main belonged to the proscribed classes and
were generally unmarried or men who had families in
Europe. Some of them also stated unequivocally that
they had made an attempt to secure proper passports to
leave this country but had failed.
(3) Between these two types there were a number of
persons who were indifferent as to deportation. The cir-
cumstances of their arrest and prosecution seem to have
operated to render them passive on the subject of their
fate.
Of our 200 records 82 throw no light on this subject.
Of the remaining 118, 45 definitely stated that they de-
sired to remain in this country; 50 wished to leave, and
21 were entirely indifferent.
The following are typical expressions of preference,
on the part of the aliens, as taken from the records.
- 72
HOW ALIENS FELT ABOUT LEAVING AMERICA 73
A. THOSE WISHING TO REMAIN IN THE UNITED
STATES
Fred Stebler (Warrant No. 54859/670):
“I want to be a citizen and I want to stay here because
my family is here.”
Peter Baker (Warrant No. 54809/300):
“The only thing I can say is that I like this country and
would like to live here.”
R. Sieman (Warrant No. 54810/1):
“I will learn to read and write, get my papers and be a
citizen, work hard and get an education for my children and
family—that is all. . . . I tell you that I thirteen years in
this country, and I never done anything; I worked hard dur-
ing the war, seven days a week, twelve hours a day; I bought
Liberty Bonds, gave to the Red Cross; I gave to soldier funds,
bought Thrift Stamps; now, I pray, let me have liberty.”
Gospodin Grozeff (Warrant No. 54709/846) (a Bul-
garian):
“My wife is from England. It is a hard thing for her
to go to Bulgaria, as she cannot speak the language. If they
let me stay in this country I will be a citizen of the United
States.” .
Harry Bratok (Warrant No. 54860/917):
“I like American laws and I thought I would die here.”
B. THOSE DESIRING TO LEAVE THE UNITED STATES
Alex. Pawlukovich (Warrant No. 54860/216):
“I want to go of my own free will and in any case I
would like to go soon.”
Joe Koza (Warrant No. 54709/342):
“If the United States Government wished to deport us, help
us cross the border and we will go ourselves. . . . I would
be favored.”
Nick Saloff (Warrant No. 54861/31):
“If I can go out to work now and the Russians are then
permitted to leave this country, I will go back right away
when I get money enough.”
74 THE DEPORTATION CASES
Frank Kuneskis (Warrant No. 54860/930):
“Don’t want to be sent out by the United States Govern-
ment. Let him give us time and we will go back ourselves.
Don’t want to be sent back like cattle.”
Some of these aliens made a definite effort to secure
passports to leave this country:
Wasily Wasilewicz (Warrant No. 54860/333):
“There was no one to issue passports unless it be Bach-
metieff, who could issue me a passport to eastern Siberia,
where the Japanese are, and I did not want to go there. . . .
I do not wish and do not ask for any favors. I want to be
released since I am not guilty of any crime and be permitted
to arrange my travel matters myself.”
Nikolai Koropotko (Warrant No. 54709/345):
“I want to go back because the American Government
showed it did not want me here. First, they refused to give
me papers” when I applied for them. Second, they arrest
me and keep me here three weeks without reason, so I want
to go back to Russia so not to be in the way of the United
States Government.” -
C. THOSE WHO WERE INDIFFERENT TO DEPORTATION
Jack Gaidis (Warrant No. 54859/866):
“Whatever you want to do with me is all right.”
Dimitry Babruk (Warrant No. 54810/845):
“If they want to deport me, let them deport me.”
Martin Svezda (Warrant No. 54860/919):
“I have nothing to say. If you want to send me, go ahead
and send me.”
Jerto Jenkovich (Warrant No. 54861/319):
“If the Government believes I should not be here and that
I am not fit to be here, then it is up to them; what they
decide.”
Vincent Martzin (Warrant No. 54709/276):
... “If I am considered not guilty, I wish to be released, and
if guilty, I am ready to be deported. I wish my family to
accompany me.”
* The reference here is probably to a futile application for passports.
HOW ALIENS FELT ABOUT LEAVING AMERICA 75
Ephrim Zolotum (Warrant No. 54860/415):
“Personally, I do not feel guilty of any charge, but if the
Government finds me dangerous to live in this country, they
may deport me.”
Elarton F. Shelig (Warrant No. 54861/147):
“I did not do anything; if they find it is necessary to de-
port me because I am not an American citizen they can do
anything they wish to me.” -
“Americanization”
No more illuminating statement bearing on these
aliens’ attitude toward America, appears in the whole
series of records studied than the words of the Polish
alien, Tony Smollok (Warrant No. 54709/280):
“When I came to this country, and saw the Statue of Lib-
erty, I tipped my hat to it and I was happy. During my
stay in this country, I could not find any understanding from
the American people towards myself, and have been frowned
upon all the time as a ‘Polack' in public places. When my
wife came here, both of us went to work, and my wife also
came to the conclusion that Americans did not treat her as
they treated one another, but always called her ‘Polack.” The
final result is that the wife is in the hospital and I am arrested
by the government which I tried to understand and obey.”
Attitude toward America
The interviews held in prisons revealed the attitude of
the aliens toward America, and the degree to which they
had become absorbed into our national life. At the
Hartford County Jail when the prisoners were asked
whether they desired to remain in the United States or
to return to Europe, sixteen men expressed the desire
to stay in this country and forty wanted to return to
Europe. The others who answered the question were
indifferent as to whether they stayed here or went back
to Europe. One of the men who wished to stay in this
country was thirty-six years of age and had been in
America for eight years. He had received a letter from
76 THE DEPORTATION CASES
his wife stating that she had started for the United
States. He wished to be released in order that he might
meet her. This man admitted being a philosophical an-
archist. Another man, a printer, married, with four
children, who had been in this country for fifteen years,
said that he wished to remain in this country unless he
could be deported with his wife and children. He had
been arrested on February 6th. He said that on the very
day on which the prison was visited, Thursday, March
25, he had received a letter from his wife in which she
stated that she had given bail on the previous Monday.
He did not understand why he had not been released.
One of the men who desired to return to Russia wanted
to be released long enough to earn money with which
to go. He wanted to pay his own way. In Youngstown,
Ohio, on the other hand, none of the prisoners wished
to leave America. Twelve definitely preferred to remain
here, at least for a time, provided they could be freed.
One man said he wished to stay if he could “work in
peace”; two seemed indifferent, and one made no reply
to the question.
Interviews with the Detroit prisoners did not reveal
clearly whether they preferred to stay in the United
States or not. Many, however, indicated a desire to be
freed and if they had to go they would go voluntarily
and at their own expense. In general, however, these
men showed a more arrogant attitude toward America.
Repeatedly they stated that they had met many bad, but
no good, Americans. Said one of them, “If money in
pocket Americans like you, if not, don't care or swear at
you.” A common complaint was: “Here they want only
money.” Several of the men, however, had been im-
pressed by Americans whose acquaintance they had made
in the labor union or elsewhere.
CHAPTER VII
HOW THE ALIENS WERE TREATED
A. TREATMENT AT TIME OF ARREST AND PRELIMINARY
ExAMINATION
Attention has already been called to the fact that out
of the two hundred cases reported in this account ninety-
one of the aliens were arrested without warrant. The
records unquestionably disclose rough treatment at the
time of arrest. Seventeen men distinctly testified at the
hearings that they were pounded with clubs, black jacks,
hand-cuffs or were threatened into submissiveness at the
point of a revolver, either at the time of arrest or in
the course of the preliminary examination.
Personal Testimony
The following quotations indicate the treatment al-
leged by some of the aliens to have been received by
them at the time of arrest:
i E. Beriezovski (Warrant No. 54809/7):
: “Instead of showing me a warrant they showed me a black
jack and a revolver.”
Afanasi Slawetski (Warrant No. 54860/260):
“Nothing was shown me at that time until they showed me
their revolvers and told me to put my hands up and searched
my pockets and handed whatever they found from one to
another.”
Necita Zafronia (Warrant No. 54709/284):
“I have lived long enough in Russia, under the Czar. I
have seen brutality committed there, but I have never seen
the brutality that was committed on the Russian people here.
In my case, when I was arrested, four men came into the
room in the evening, when I was partly undressed, and was
doing exercises in arithmetic, and asked my name and told
me to go along with them. They showed me a badge, but
did not tell me the reason for my arrest. When I left the
77
78 THE DEPORTATION CASES
house and at the time I was travelling in an automobile, they
were beating me in the sides with their hand-cuffs and this
continued all the way until they brought me to the Park Row
Building in New York. In a room where they took me and
asked me my name they were beating me again, without any
explanations.”
In a number of cases we find reference to threats and
similar treatment given the alien in the course of the
preliminary examination for the apparent purpose of ex-
tracting evidence from him. -
* John Cherniawsky (Warrant No. 54709/465) in the
course of the hearing made the following statement:
A. “I stay in police station about four days after; four days
they come and ask me over at the police station. They ask me
into another room, and they ask what about this book, and
say stand up, this side of the wall, and they say I am going
to shoot you. Nobody go. Somebody said to pull the curtains
down and Mr. A. there say to shoot him down and they didn't
pull the curtains down. They only felt on the side. Another
fellow take this gun and say, I am going to shoot you, and he
said, tell the truth, and I said, what I told I am saying is
the truth, and he pulled down that gun and started to slap me
in the face and this fellow take [and] grab me in the neck.”
Q. “You mean Mr. A. grabbed you by the neck?”
A. “This fellow.”
Q. “That is Mr. A. P.”
A. “Yes, and another fellow—I think fellow that arrested
first time in the hall—I don't know what his name—white
collar, he slapped too. I know very well W , that is
the name.”
Q. “Now, did anything else happen?”
A. “That is all.”
B. TREATMENT IN JAILS AND DETENTION STATIONs
Since the records examined consist of hearings given
the aliens in the first part of their period of detention
they contain no evidence relative to the treatment of the
prisoners while detained in jail. A personal investiga-
tion made at the prisons, however, supplies evidence of
interest and importance on the subject. At Pittsburgh
and Youngstown conditions were found to be relatively
HOW THE ALIENS WERE TREATED 79
good. But both at Hartford and at Detroit a serious
situation was found to have existed, which must be
briefly described.
I. HARTFORD, CoNN., County JAIL, FEBRUARY 28, 1920
The Prison Cells
The part of the jail in which the aliens were held is
made up of a series of individual cells arranged in the
form of a rectangle. Each row of cells forms a tier
in a deck-like structure. Each floor or desk supports a tier
of twenty-five cells. The barred side of each cell opened
into a corridor about two and one-half feet wide. Each
man was held in one of these cells with no opportunity
for direct communication with the others.
At the end of each tier there were three cells, or six
cells in each tier, in which, on account of the concentra-
tion of steam pipes in the corridor, the air was hot and
suffocating. The men in these cells were naked or nearly
so when the cells were inspected. They complained bit-
terly of not having sufficient air and some appeared
very listless. Three of the men said that if they were
held much longer under such conditions, they would die
of consumption. The attention of a prison officer was
called to this state of things. It was pointed out to him
that there were some vacant cells in the middle of each
tier where the air was better and the question was asked
whether the men might not be transferred to these cells.
The officer stated that it would involve too much trouble
and red tape and would not be worth while.
Held “Incommunicado”
The prisoners were asked a number of general ques-
tions. They seemed to be very eager for news and upon
inquiry it was discovered that they had been held “in-
80 THE DEPORTATION CASES
communicado.” They had not seen a newspaper, English
or otherwise, nor had they received letters from their
relatives or friends. They had not been permitted visits
from their friends until the latter part of January. A
conversation was heard between a prison officer and one
of the aliens who was known as the “Professor.” This
man was desirous of sending a note to his wife, who was
waiting outside. The officer refused to grant the per-
mission, stating that he could only send her his address.
In the office of one of the departments of the govern-
ment, a number of letters were seen on a desk addressed
to the men in the jail. One of them bore the January
postmark, and was therefore at least a month old. They
were open and arranged in tiers with elastic bands around
them. An officer informed the investigator that the let-
ters were being held for censorship.
While the investigator was in the same office, three
persons came in to ask permission to interview the
prisoners. In each case there was considerable argument
and pleading before the permission was granted. A
woman with a little child of about seven years of age,
pleaded at length for permission to visit her husband.
Outside of the same office a woman was seen with a
suitcase of food and clothing. When questioned she
stated that her brother had been in jail for a month and
that she had not been permitted to see him. A permit
was finally granted her and she was very much pleased.
On a later visit—March 25th, 1920–other persons
were found to be held incommunicado.
Fourteen men were in the upper cells. No interview
with these men was allowed because they had not had
their first hearing and therefore were held incommuni-
cado. According to records, they had been in prison
since March 11, or two weeks. On April 2, eight days
HOW THE ALIENS WERE TREATED 81
later, they still had not had their first hearing and were
still held incommunicado. In other words, these four-
teen men were held for three weeks without hearing and
without a knowledge on the part of the authorities as to
whether or not they were members of a proscribed or-
ganization.
II. DETROIT PRISON (FoRT WAYNE),
APRIL 9–10, 1920
On April 9 and 10 a similar investigation was made of
the aliens held in custody at Detroit in the Wayne
County Jail on charges of anarchy and similar beliefs.
There were at the time about 150 men being held in de-
tention, all of whom had been seized in raids. There
was no complete record of the total number of prisoners
who had been held. Eighty-two men were interrogated.
The “Black Hole”
The conditions surrounding the imprisonment of these
men were exceedingly bad at first. Since no adequate
quarters were available for the large number of prisoners
taken in Detroit and vicinity, the upper floors of the
Post Office building were converted into a prison in
which hundreds of men were held. A prominent citizen
of Detroit compared the situation with the Black Hole
of Calcutta. The conditions became so bad that the
Mayor of the city protested, not on the ground of justice
to the prisoners, but because of menace to the health of
the city which this situation created. Finally the Federal
Barracks at Fort Wayne were secured and the aliens
were transferred to them.
Rough Treatment -
A Government representative at Detroit stated that
when he first took over the situation, there had been a
82 THE DEPORTATION CASES
considerable amount of graft among the guards who
were surrounding the men and who, for the most part,
were uneducated men who used profanity freely and who,
having little sympathy with the prisoners, gave them
abusive treatment. Two men seemed to have escaped
from the Barracks and on account of this, severe punish-
ment was inflicted on the prisoners who in turn went on
a hunger strike in order to bring about a change in the
treatment. This strike continued for two days without
serious results. The prisoners, however, were refused
permission to receive relatives and friends after that for
a period, but at the time of the investigation, the prison-
ers were doing their work steadily and were being al-
lowed an hour out of doors in good weather—sometimes
two hours.
Sickness
The food given the prisoners was good, but the con-
gestion which they suffered during the first days of their
imprisonment, made several of them seriously sick. Al-
though the men were left without care, which endangered
the health of the entire number, there were no serious
results. .
CHAPTER VIII
HOW LONG THE ALIENS WERE HELD
IN PRISON
The Long Wait
By far the greater number of the men interviewed in
Detroit had been in jail since the raids, which occured
early in January. In fact, sixty-four of the eighty-two
men seen by the investigator, on April 9 and 10, had
been in custody over three months. Four men had been
held since December, approximately four months, and
two since early in November, over five months. One
had been held for two months. In eleven cases the period
of detention was not stated.
It is difficult to determine with precision the length of
time that the various aliens whose records have been ex-
amined for the purpose of this record were held. This
is because, first, some of the aliens were released on bail
soon after their arrest, pending their hearings; second,
others had warrants cancelled; third, still others after they
had their hearings, if ordered deported, were released on
bail pending deportation. In none of these three cases,
however, was the date of release given and the immigra-
tion authorities had not received information as to the
date when the alien was set free. In course of the regu-
lar procedure he may go out on bail pending the period
of deportation, but in all of these cases no information
is given as to the exact date on which the alien was re-
leased from custody. In fact cancellation of warrant was
sometimes not followed by release until long after it had
been promulgated.
83
84 THE DEPORTATION CASES
Length of Detention Period
The following cases are illustrations of long detention
periods:
Ignatz Maritzka (Warrant No. 54860/734) was ar-
rested on January 3, 1920. The warrant for his arrest
was issued on January 16th. Bond to the amount of
$1,000 was asked which the alien was unable to furnish.
Absence of evidence led to the cancellation of the war-
rant of this alien on April 1, 1920. He was therefore
detained for a period of eighty-eight days.
Sam Kot (Warrant No. 54860/787) was arrested on
or about January 15, 1920. His warrant was issued on
January 17. The testimony and evidence presented at
the hearing were such that the warrant was ordered can-
celled on April 14. Since bail was set at one thousand
dollars ($1,000) and the alien was unable to furnish it,
he was held from the time of his arrest until after April
14. He was therefore detained for a period of ninety
days.
Ivan Dudinsky (Warrant No. 54810/346) was arrested
on or about January 3, 1920. His warrant was issued
on December 29, 1919. Bond to the amount of ten
thousand dollars ($10,000) was asked, which the alien
was unable to furnish. Efforts were made to have the
bail reduced, but without success. The case was closed
on March 12, and ordered reopened on March 22. On
April 12 bail was reduced to one thousand dollars, which
was furnished and the alien was released on or about
that date. He was therefore detained for a period of
one hundred and one days. The alien had tuberculosis
at the time. .
Wasil Lalajo (Warrant No. 54709/190) was arrested
on November 7, 1919, on warrant dated November 6.
Bond was required to the amount of one thousand dol-
HOW LONG ALIENS WERE HELD IN PRISON 85
lars which he was unable to furnish. A hearing was
held on November 9, and the inspector made the follow-
ing summary of findings:
“Two of the special agents who have investigated Lalajo's
case strongly recommend that the warrant be cancelled. In
fact, they wanted me to release this alien last night, but owing
to the fact that the warrant calls for a bond I did not feel like
doing it without authority from the Department. I recommend
that the work in this case be cancelled and that the Department
notify the Inspector-in-Charge at Cleveland by telegraph that
this alien can return to work and to support his family.”
This statement was dated November 9, 1919. When the
alien was visited in the Youngstown jail on April 8, 1920,
five months, less one day, from the date of this recom-
mendation Lalajo was still being detained. All warrant
proceedings against this alien were cancelled eleven days
later and if he was released immediately upon the can-
cellation of proceedings, he had been detained for a
period of one hundred sixty-two days. His wife and
children were meanwhile reported to be destitute and
suffering.
The Question of Bail
After the hearing the aliens were disposed of in one
of the following ways: If found “guilty” the alien was
ordered deported; if found “not guilty” his warrant was
cancelled; if his case was doubtful there were three pos-
sible courses: (1) proceedings were stayed from three
to six months; (2) the alien released on parole with
instructions to report to Government officials at certain
intervals, (3) the case was ordered opened for a new
hearing.
In case the alien was found “guilty” or proceedings
were stayed, he might be released on bail pending depor-
tation or a second hearing. Of the 200 aliens whose
cases are reported in this account 95 actually furnished
86 THE DEPORTATION CASES
bail, and 35 were unable to furnish the amounts required.
In the case of 17 the men were released on their own
recognizance. In 52 cases it is not stated whether or not .
the amount was furnished and in one case the alien was
paroled for one year.
It may be noted that there seems to have been no
stated time at which the alien or his friends received offi-
cial notice that he could be released on bail. In no case
do we find a mention of the fact that the alien was given
notice, according to rule, that he could be released on
bail at the time of his preliminary examination.
The amount of bail required was recorded in one hun-
dred eighty-one cases and ranged from $500 to $10,000.
In 140 of these the amount of bail first required was
$1,000, in the remaining 41 cases the amount originally
required ranged from $1,500 to $10,000.
Instability of Bail
The reason is not always clear why bail was raised
or reduced in given instances. There does appear to
have been a great fluctuation in both amounts and sub-
sequent raising or lowering of bail. In 18 cases the bail
was raised from $1,000 all the way to $10,000. In one
case, however, the amount was reduced from $1,000 to
$500 and in two from $10,000 to $1,000. Two aliens
who had originally been required to furnish $10,000
bail were released on their own recognizance, having been
found not guilty of any offense.
Irregularity in Granting Bail
There are on record the names of twelve men who
on April 7 had been out on bail for a month, some of
them two months, and who on that date had not yet
received receipt for the money furnished for bail. In
one city the rumor was spread about that the receipt and
HOW LONG ALIENS WERE HELD IN PRISON 87
the money would never be returned to the person fur-
nishing the bond. This naturally resulted in making it im-
possible for others in custody to secure bail. In cases
where the arrested men were unable to furnish bail, as
well as in cases where bonds could be secured, many de-
lays were incurred before final action was taken. In the
case of George Luchin (Warrant No. 54860/189) the
examination at Ellis Island was closed as early as Jan-
uary 24, but the record was not forwarded to Washing-
ton until March 3, more than five weeks later, the alien
being all the time in custody under a bail exaction with
which he was financially unable to comply. The warrant
was cancelled in this case as soon as the data reached
the authorities.
High Bail and the Aliens’ Families
In 35 cases the aliens were unable to furnish bail. Ivan
Efimenko (Warrant No. 54861/299) furnishes a typical
example. This alien was a native of Russia, twenty-nine
years of age and had been in this country for six years,
was married and had three children, all born in this
country. He resided at Flint, Michigan. He was ar-
rested early in January and held until April 3, unable
to furnish bond. He had been employed a few months
prior to his arrest as a laborer with a motor car com-
pany and before that he had worked on a sugar beet
farm near Flint, Michigan. Due to illness in the family
and to other expenses he had been able to save only
about $100 for the season's work. This amount was
soon depleted and the family had no money or any one
who could furnish it support. They were paying $18 a
month for rent which they had been unable to meet for
two months. A few neighbors and friends had made
loans and gifts. They still owed $50.00 or more to the
grocer. The family could not furnish the $5,000 bond
88 THE DEPORTATION CASES
required in this case. He was therefore kept in prison
and the family was left without resources. The prisoner
petitioned through his counsel to be released in order that
he might provide for his family, promising to appear for
hearings or deportation at any time that he was required
to do so by the authorities.
On March 26, 1920, after the alien had been held for
approximately three months, a Government representative
sent the following wire to his department in Washing-
ton :
“Referring to case of Ivan Efimenko, Bureau File 54616/1.
Please call for file and would advise wiring Doctor —
authority to parole as he has requested several times. Matter
serious.”
The sufferings of the families of arrested aliens will
be treated more fully in the following chapter.
CHAPTER IX
HOW THE ALIENS FAMILIES WERE
AFFECTED
Families of those Deported on the “Buford”
This report would not be complete without a statement
concerning the families of those aliens who were de-
ported on the “Buford,” on December 21, 1919. We have
learned that of thirteen women whose husbands were de-
ported at that time, ten had children. Two of the thir-
teen women were pregnant.
In addition to the mental suffering, the economic dis-
tress caused by the sudden removal of the sole bread-
winner of the family may readily be imagined. A few
of these women had worked before their marriage, but
the problem of immediately securing jobs was difficult
because some provision had to be made for the children
—some of them very young—during working hours. Of-
fers of charity were consistently refused by these women,
who uniformly asked for one thing—the privilege of
joining their husbands, wherever they were.
In the case of Mrs. Michailoff, who was interviewed
in connection with this investigation, the following facts
were brought to light: .
Mrs. Michailoff was a native of Russia, thirty years
old. She had been in this country about eight years and
had one child seven weeks old. She had never been
employed prior to nor since her marriage. Her husband,
who was a machinist, was arrested in Bayonne, N. J., in
March, 1919. Mrs. Michailoff had visited her husband
several times at Ellis Island, the last time about ten days
before the “Buford” sailed. On that occasion he had
asked for some clothes which she was able to secure
through the American Workers Defense Union. When
89
90 THE DEPORTATION CASES
she went with them to Ellis Island she found the “Bu-
ford” had sailed. Mrs. Michailoff stated that the day
before she had received a letter from her husband saying
that he was going, he did not know where, and that he
wanted to see her and their child again. At the time of
a second interview with Mrs. Michailoff, she stated that
she had found employment in one of Childs’ restaurants
as a dishwasher, for which she was receiving $9.00 per
week. She said that she could not get along on this and
was very desirous of joining her husband as soon as pos-
sible. She was staying with some friends and had not
been able to pay them rent for two months.
In addition to these economic burdens, Mrs. Michailoff
and her family had to bear the stigma of her husband's
deportation as a radical. She said that her little boy
came home from school one day crying and protesting
that he would never go back, because the children ran
after him and called him “Bolshevik.”
Another woman who was left dependent by the depor-
tation of her husband on the “Buford” was Mrs. Vincent
Martzin. Mrs. Martzin is 22 years old, had a child of
sixteen months and expected another within about a
month from the time she was interviewed in March,
1920. She was left without money by her husband, who
had only been able to secure irregular employment and
since his deportation she had been dependent upon her
sister who had two children and whose husband earned
only $25 per week. Prior to the deportation of Mr.
Martzin he stated that if he was found to be guilty under
the law and deported he wanted his family to go with
him. Mrs. Martzin learned that her husband was in
Moscow and would have liked to join him there.
A third case was that of Mrs. Elsie Schatz, a native
of Russia, 26 years old, and except for a period in 1914,
when she returned to Russia to get her parents, has re-
How ALIENs' FAMILIEs were AFFECTED 91
sided in this country since 1909. She was married in
1918. In March, 1919, her husband was arrested. At
this time Mrs. Schatz was in a hospital. Her baby was
born on March 4, but died on March 15. Her hus-
band was released the day after his arrest, but was rear-
rested in July and again released the following day. He
was arrested for the third time in November. A week
from the date of his arrest his wife visited him for the
first time at Ellis Island. In all she saw him four times.
At the time of her husband’s arrest in November, Mrs.
Schatz was two months pregnant. After his arrest a mis-
carriage followed. Since that time Mrs. Schatz's health
has not been good. She tried to find work to do but has
had great difficulty in getting employment on account of
her husband's deportation. Mrs. Schatz said during the
interview that she would rather stay in this country, but
wants to be with her husband, wherever he is.
Families of Those Held in Custody
In addition to the instances just cited where the women
were permitted to see their husbands occasionally, the
investigation disclosed that frequently prisoners were not
allowed to see visitors and in many instances there came
to our notice wives who were not allowed to see their
husbands at all. One man, Fred Androchuk (Warrant
No. 54809/297), who had not seen any member of his
family since his arrest, was asked, “Who is taking care
of your wife and children now?” “I don't know, they
may be dead,” he replied.
Prokpey Mojeika (Warrant No. 54860/3), one of the
Detroit prisoners interviewed, seemed beside himself
with anxiety over his wife and child. He did not belong
to either of the proscribed organizations and professed
to know no reason for his arrest. He said bitterly, “Wife
goes from one house to another—no help.” He said that
92. THE DEPORTATION CASES
if he were deported without his wife she would commit
suicide. He asked to be set free or to be shot.
In Youngstown a charitable organization cared for
the families of arrested men, but there seems to have
been no uniform arrangement regarding this matter.
Attached to one record was a letter from the United
Charities of Chicago, stating that they had made an in-
vestigation of the family of one alien, Lookis Kozaced
(Warrant No. 54859/472), and rendered necessary aid.
Incidentally they discovered certain facts which, they
said, led them to believe this prisoner should not be de-
ported. The alien in question was a Pole, of excellent
reputation, industrious and thrifty. He had taken out his
first papers and bought two Liberty Bonds. The Super-
intendent of the United Charities of Chicago states that
this alien had never been connected with any radical
group. On January 2, at the invitation of Mr. Belen-
sko (also investigated by the same organization) he had
attended a meeting and was arrested while there. He
was eventually released, his family having been cared for
in the meantime. In other states, however, the aliens
had no such assurance that the needs of their dependents
were being provided for.
CHAPTER x
SUMMARY
In the foregoing papers are set forth the results of an
inquiry into the deportations of 1919-1920 as represented
in a cross section study, based on two hundred cases, to-
gether with the results of prison investigations. The
facts have been presented in an objective manner, and
the reader is left to draw his own deductions.
Personal History
We have found that these aliens were the common
run of work-folk: store-keepers, shop-workers, shoe-
makers, carpenters, mechanics, unskilled laborers and the
like. Nearly two-thirds of them were Russians. Almost
nine-tenths were between the ages of 20 and 40. They
had resided in this country for a comparatively long
period. Over half of them had families, most of whom
were living in the United States and included American-
born children. The large majority had a little knowledge
of English, and many of them had made application for
American citizenship papers. A few had served in the
United States military forces, and most of them had pur-
chased bonds or in other ways taken part in war-time
activities.
Arrests
We find that they were arrested mostly in groups while
attending meetings in public halls. In not a few cases
there were no warrants of arrest until long after the
apprehension. At the police stations or other places of
detention, a number of the aliens appear to have been
forced to sign statements which were later introduced as
evidence against them. It is also clear that at first they
- 93
94 THE DEPORTATION CASES
were not permitted to see their relatives or friends. Some
evidently received cruel and abusive treatment at the
time of arrest and during the period of detention.
Hearings
A “trial” was in some cases not given them until weeks
after they were imprisoned. Even at best their “trial”
was, as provided by law, only an administrative hearing.
In this proceeding the Immigrant Inspector, who was
usually a man untrained in law and often without even
an academic training, acted as prosecutor, judge and jury
at the same time. Interpreters were often necessary
because the aliens’ knowledge of English was so imper-
fect. In some instances the very man who originally
had caused the arrest of the alien acted as interpreter at
the hearing. Frequently the accused was not informed of
his right to counsel, and when he was so informed, it
was done after the representatives of the government had
extracted from him, sometimes by inquisitorial methods,
all the admissions they desired.
Alleged Radicalism
This cross-section study reveals that only a small num-
ber of these aliens could be classed as dangerous radicals.
A large number of them were transferred from the So-
cialist Party either without their knowledge or without
understanding the significance of such a transfer. We
find evidence that aliens were induced to join proscribed
organizations through the efforts of a provocative agent.
The simplicity of their testimonies, their obvious sin-
cerity, their straightforwardness, testify to the fact that
the majority of the persons involved in this study were
simple-minded folk who entertained no purpose hostile .
to the American Government or the American people.
When questioned with reference to their desire to remain
SUMIMARY 95
in this country most of them expressed a preference not
to be deported and said they would gladly abide by the
laws of the United States.
Disposition of the 200 Cases
As indicated in the body of the report, of the 200 cases
examined 175 final decisions had been rendered at the
time this study was completed. Of these 97 called for
cancellation of the warrant and 78 for deportation of
the alien.
In this connection the statistics of deportation for the
year July 1, 1919, to June 30, 1920, are interesting. Dur-
ing this period 2,777 aliens were deported for all causes,
314 of whom, or 11.3 per cent of the total, were of the
classes considered in this report.
The Questions at Issue
It is a matter of common knowledge that the propor-
tion of cancellations to the total number of warrants is
very much greater than in the 200 cases here treated.
The ground on which warrants were cancelled was
usually a lack of evidence, in the judgment of the As-
sistant Secretary of Labor, who has been in charge of
these cases, to prove either membership in a proscribed
organization or a belief in violent opposition to govern-
ment. The Assistant Secretary took the ground that
only those who were members of the organization in
question by free choice and who were informed as to the
tenets of the organization, were deportable under the law
and under the Secretary's ruling.
Recent Court Decisions
Two federal court decisions of contrary purport have
been rendered in habeas corpus proceedings growing out
of deportation cases, one by Judge Anderson of the U. S.
96 THE DEPORTATION CASES
Circuit Court of Appeals, Boston, and the other by Judge
Knox of the Southern District of New York. Judge
Anderson has held that the Secretary of Labor erred
in declaring membership in the Communist Party a suffi-
cient ground for deportation, while Judge Knox's deci-
sion supports the Secretary's ruling. A decision on the
cases in question is awaited from the Supreme Court.
Pending this decision it would scarcely be thought
proper to refer more at length to these very interesting
and important judicial opinions. -
Hindrances to Deportation
Two reasons have been assigned for the fact that so
few of those ordered deported have actually been sent
abroad. First: Diplomatic relations between the United
States and Russia were so abnormal as to make it ex-
ceedingly difficult, if not impossible, to deport the aliens,
most of whom as we have seen were Russians, to Russia.
Second: No transportation facilities were available di-
rectly into Russian territory and transportation by indi-
rect routes was prohibitive in expense.
Social Consequences
Some of these aliens were held for a considerable
period, which was virtually equivalent to an indetermi-
nate sentence. A number were detained for weeks after
they had been ordered released. In the meantime their
families had been left without a means of support. As
a consequence of all this a volume of prejudice and sus-
picion has been produced among immigrant groups,
which it will require perhaps years to allay. It is impos-
sible to know how much of the hostility now being re-
ported on the part of foreign countries against America
is due to the impressions made upon the nationals of
other countries who have resided in the United States.
*
SUMIMARY 97
It is difficult to avoid the conclusion that, with the ex-
ception of the comparatively few persons who were
clearly deportable under the law, these aliens needed not
legal, but social and educational treatment, looking to-
ward an effectual interpretation to them of the best
ideals of American life.
APPENDIX I
ExceRPTS FROM THE DEPORTATION LAws AFFECTING
ALIEN ANARCHISTS
Act of February 5, 1917
“SEC. 3. That the following classes of aliens shall be ex-
cluded from admission into the United States; . . . anar-
chists, or persons who believe in or advocate the overthrow
by force or violence of the Government of the United States,
or of all forms of law, or who disbelieve in or are opposed to
organized government, or who advocate the assassination of
public officials, or who are members of or affiliated with any
organization entertaining and teaching disbelief in or opposition
to organized government, or who advocate or teach the duty,
necessity, or propriety of the unlawful assaulting or killing of
any officer or officers, either of specific individuals or of offi-
cers generally, of the Government of the United States or of
any other organized government, because of his or their offi-
cial character, or who advocate or teach the unlawful destruc-
tion of property . . .”
“Sec. 19. That at any time within five years after entry,
any alien who at the time of entry was a member of one or
more of the classes excluded by law; any alien who shall have
entered or who shall be found in the United States in viola-
tion of this act, or in violation of any other law of the United
States; any alien who at any time after entry shall be found
advocating or teaching the unlawful destruction of property,
or advocating or teaching anarchy, or the overthrow by force
or violence of the Government of the United States or of all
forms of law or the assassination of public officials; . . .
shall, upon the warrant of the Secretary of Labor, be taken
into custody and deported . . .”
Act of October 16, 1918
“SEC. 1. That aliens who are anarchists; aliens who believe
in or advocate the overthrow by force or violence of the Gov-
ernment of the United States or of all forms of law; aliens
who disbelieve in or are opposed to all organized government;
99
100 THE DEPORTATION CASES
aliens who advocate or teach the assassination of public offi-
cials; aliens who advocate or teach the unlawful destruction of
property; aliens who are members of or affiliated with any
organization that entertains a belief in, teaches, or advocates
the overthrow by force or violence of the Government of the
United States or of all forms of law, or that entertains or
teaches disbelief in or opposition to all organized government,
or that advocates the duty, necessity, or propriety of the un-
lawful assaulting or killing of any officer or officers, whether
of specific individuals or of officers generally, of the Govern-
ment of the United States or of any other organized gov-
ernment, because of his or their official character, or that
advocates or teaches the unlawful destruction of property shall
be excluded from admission into the United States.”
“SEC. 2. That any alien, who at any time after entering
the United States, is found to have been at the time of entry,
or to have become thereafter, a member of any one of the
classes of aliens enumerated in section one of this act, shall,
upon the warrant of the Secretary of Labor, be taken into
custody and deported. . . . The provisions of this section shall
be applicable to the classes of aliens mentioned in this act, irre-
spective of the time of their entry. . . .
“SEC. 3. Return to the United States after deportation is a
felony and after punishment here, any alien so convicted shall
again be deported.” *
APPENDIX II
STATISTICAL SUMMARY OF THE 200 CASEs
A. Nationality of the 200 Aliens
Russians and Ukranians .............. & & © e º 'º e & e s tº
Poles and Galicians ............. ... tº º e º g º e º e º gº tº t t e g
Lithuanians . . . . . . . . . . . . . . . . . ....................
Austrians . . . . . . . . . . . . . . . . . . . . . . . . . . .............
Croatians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Germans ..................... : e. e. e. e º 'º º e - º G & © tº º º º ſº tº e
Jugo-Slavs .............. ... tº º e º º tº e e º 'º e g tº e s ∈ ... tº g tº . * g e. e.
Hungarians ......... .. : • * * * * * * * * * * * * * * * * * * * * * * * *
Italian . . . . . . . . . . . . . . . . . • * * * : º ºs º ºs º g g g g tº t e e g º ºs e º e º a
Bulgarian .............. tº e º e º & e º g g c & e º e g º º g º ſº e º e
Dutch . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * g º g º gº º G = G
B. Age of the 200 Aliens
Under 20 years ... . . . . . . . . . . . . . . . . ... & e º - tº $ tº $ it tº , is º º e º º
20 to 25 “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 to 30 “ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 to 35 “. . . . . . . . . . . . . . . . . . . . . . . . . . & e º e º ºse
36 to 40 “ ëxº e tºº.
41 to 45 &é s & e is e e s sº e g g g g º e º e º e º e º 2. & 9 ºz. º ºs e - © tº e.e.
46 to 50 “ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Over 50 “ e gºe
Age not given
tº . e º 'º -e e g º e º 'º e º 'º ſº e º e º 'º e º tº e º 2 tº & tº sº tº º 'º tº ºn 8
ToTAL tº se e g g g g g e is . e. e º sº is e º s eas º .4% º e s -º e º -& e e-8 s tº -8 tº 6 &
C. Marital Status of the 200 Aliens
Married ........
Single ........
g is e º e º ºs e º . g g g . e º ºr e º 'º - ſº gº tº tº gº tº. § e & - © tº e. tº dº º tº
e g º e - e. e. e. e. e. g. e. e. e º e º ºs e g º e º ºs º e $4 e g eas e º is e
Divorced e.g. ºes g g g g = e º e Ae & e -e e s e e g º e eas º sat e is “e e ess e ºs e º e e
Not stated .....
ToTAL tºº e º e º 'º e º e-ºe e ºs e º e º is
e º e e º ſe e º e º e - * *** a s e. e º e ºs e sº e º 'º e º 'º & a dºse
eas eas tº s º º ºsé º ºse e dºes e º a
Toi" f
102 THE DEPORTATION CASES
Aliens who had children ........................ 74
Aliens who had no children ..................... 29
Not stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ToTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *117
Children born in U. S. ......................... 98
Children born abroad ........................... 37
Not stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Total number children involved ............. 156
D. Geographical Distribution of the 200 Aliens
Connecticut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Idaho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Indiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Massachusetts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Michigan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Nebraska . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 1
New Hampshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Pennsylvania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 5
ToTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
* This total includes 112 married, 3 divorced, 2 not stated whether mar-
ried or not. s

É
TABLE I.—LENGTH OF RESIDENCE IN THE U. S. AND STATUS IN RELATION To CITIZENSHIP
TOTAL STATUS IN RELATION TO CITIZENSHIP
YEARS IN U. S. A. APPLICATION FOR FIRST PAPERS MADE arº. NoT
NUMBER | PER CENT ToTAL GRANTED | Rejected Not Statedltſon MADEl Statiºn
Less than one year....... 0
1 year to five years. . . . . . 31 15.5 8 4 3 1 14 9
(2)
6 years to 10 years. . . . . . 134 67.0 30 17 6 7 91 13
11 years to 15 years. . . . . 23 11.5 13 11 . 2 9 1
16 years to 20 years. . . . . 7 3.5 2 1 1 3 2
21 years and over . . . . . . . 1 .5 - 1
(1)
Not stated. . . . . . . . . . . . . 4 2.0 1 1 2 1
TOTAL. . . . . . . . . . . . . . . . 200 100.0 54 33 10 11 120 26
(1) Application made but alien moved before granted.
(2) One of this group is a minor.

TABLE II.-ACTION TAKEN IN REFERENCE. To BAIL AND AMoUNT of BAIL SET
ACTION TOTAL AMoUNT OF BAIL SET
- Not
1,000 1,500 2,000 2,500 5,000 10,000 Stated
§ (3) (5)
Bail Furnished. . . . . . . . . . . . 94 81 (2 1 1 1 3 2 5
- (4) (5) (s)
Unable to Furnish Bail.... . 38 27 3 2 5 1
Released on own Recogniz-
BDCé . . . . . . . . . . . . . . . . . . . . 16 1 1 14
Released on Parole. . . . . . . . 1 1
Bail Set but Not Stated
whether Furnished or not. . 41 18 1 1
(7)
Nothing Recorded. . . . . . . . . 10 21 10
TOTAL. . . . . . . . . . . . . . . . . . 200 127 1 1 5 6 29 31
£
(1) º one case in this group bail was set at $10,000 and later re-
tloe -
d to $1,000
(2) In one case in this group bail was set at $1,000 and raised to
§ which the alien was unable to furnish, later reduced to
(3) º case in this group bail was set at s1,000 and raised to
(4) In three cases in this group bail was set at $1,000 and raised to
(5) In one case in this group bail was set at $1,000 and raised to
(6) In three cases in this group bail was set at $1,000 and raised to
(7) º,* in this group bail was set at $1,000 and raised to