Chapters 12
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1 00 - Introduction 8:15
Introduction to the Deportation Cases of The Deportation Cases of by Constantine Ponuncio. 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 population. Enough has been said of the inadequacy, both in conception and in execution, of our many Americanization 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 anarchist 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 carefully examined, and the report has been edited by the research department. It should also be stated that in this introductory work, 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 deportation is essentially an evasion of moral responsibility. Christians look upon international relationships as opportunities 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 modification of the present law.
They have been formulated after extensive consideration of the problems involved by persons of wide experience and authoritative opinions. One, with reference to what are commonly called political 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 deportation. To deport a person merely for the possession of ideas, however objectionable, is not only an ill liberal, but a wholly futile method of directing intellectual development. Two. 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 report 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 organization. Without reference to the controversy over the legality of this or that organization, membership, in quotes, is too ill-defined a relationship to be made the exclusive test of an individual's attitude. Three. 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 protection of such due process of law and of such constitutional safeguards as apply to a citizen accused of a crime four There seems to be no unanimity of opinion among authorities on immigration as to whether or not deportation 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 constitutional safeguards.
Five. 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 unlawful acts for the purpose of apprehending the perpetrators, 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 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. End of introduction by the Commission on the Church and Social Service, Federal Council of the Churches of Christ in America.
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2 01 - Author's Preface, What the Deportation Laws Provide 20:08
Author's Preface and Chapter One of The Deportation Cases of 1919, 1920, by Constantine Penuncio. This LibriVox Recording is in the Public Domain. Author's Preface. In the autumn and winter of 1919, 1920, an extraordinary number of foreign-born persons residing in the United States left This country for Europe. During the outgoing movement, the American people were frequently discussing the reasons why these, quote, foreigners were leaving this country. While the exodus was at its height, I made a trip to Europe in order to learn at first hand from the immigrants themselves the reasons for this unprecedented outflow. In order to do this all the more directly, I transformed myself into an emigrant, and traveled steerage, and thereby had an opportunity freely to question the emigrants.
In the course of the voyage, and on the continent, 80 persons were questioned, some of whom were interviewed several times, and careful 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 persecution or repression. Of the Americans in general, they said, they don't want foreigners. This revelation became all the more forceful when, upon reaching the continent, I found a little book in circulation entitled 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. 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 coincidence 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 thorough-going 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, Connecticut County Jail, the Youngstown, Ohio, and the Pittsburgh, Pennsylvania prisons, and the detention camp at Detroit.
In these prison investigations, 168 alien prisoners were interviewed. 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 200 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 examination was made. In order to avoid the possibility of 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 ensured a balanced and trustworthy study. It yielded, in the first place, a fair proportion of each of the classes enumerated. 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 indicated, 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 Immigration. They form the most valuable sources of information regarding the personal character and history of the aliens. If the proceedings have been properly conducted, these official records include the following items. One. The original affidavit of probable cause by an agent of the Department of Justice. Two. A carbon copy of the original warrant of arrest. Three. The record of the preliminary examination given the alien at the time of arrest. Four. A complete official transcript of all the proceedings in the case and of testimonies given in regular hearing or hearings. conducted by the immigration inspector.
Five. A summary of findings and recommendations by the local immigration inspector. Six. A summary of findings and recommendations by the commissioner general of immigration. Seven. Actual evidence or record of evidence submitted in the case. Eight. A record of bail when secured. Nine. A brief submitted by the alien's attorney. 10. Letters submitted by the alien's friends and employers. 11. A memorandum from the Secretary of Labor or his representative 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 information 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 matter 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 aspects 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 willingness and the uniform courtesy with which they furnish the needed information.
More particularly, To the authorities of the Department of Labor for giving free access to the official records of hearings, without which this study could not have been possible. Acknowledgement is also made to the Rev. Clyde F. Armitage and Ms. Agnes H. Campbell for invaluable assistance given by them in the collection of the data. To Ms. Grace W. Sims and Ms. Mabel A. Brown, for their untiring effort in connection with the investigation and the tabulation of the results. Constantine M. Penuncio, White Plains, New York, January 1, 1921. Chapter One. What the Deportation Laws Provide. The law. The arrests and deportations which furnish the matter of this study were instituted under statutes which constitute 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 undesirable aliens may be fully understood, it is necessary to examine briefly the provisions of the several enactments on which it rests. The first act of Congress to make provision for the exclusion of persons whose political views were obnoxious 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 February 20, 1907 re-enacted this clause, and the Immigration Act of February 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 anarchists but of aliens teaching or advocating the overthrow 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 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 officials 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, quote, 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 statement 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 information and belief. The Secretary of Labor or his representative 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 apprehended and placed in the custody of a local immigration officer.
Second, this warrant, when regular procedure is followed, is served by authorized agents of the Department 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 hearing by an official stenographer. which is forwarded to the Secretary of Labor. Third, the Secretary examines the records of the 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. The word cancel in this connection 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 representative is to endorse the papers, deport. The alien then is taken to an immigrant detention station and deported as soon as possible. The inspector. Since the chief factor in the actual local administration 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 20th but has not reached his 51st birthday.
The requirements of the Civil Service Commission for the Immigrant Inspectorship include an examination in spelling, arithmetic, penmanship, letter writing, copying from plain copy, practical questions 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, quote, 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 emergencies, end quote. A large proportion of these inspectors are receiving 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. It was taken for granted that the Union of Russian Workers belonged in the same class.
The administration of the law in such cases was, therefore, simply a matter of establishing the suspect's membership in the proscribed organization. It was concerning the interpretation of Membership that a sharp controversy has arisen over the decisions 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 essential facts of the entire proceeding. Between November 1, 1919 and April 26, 1920, warrants 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 on the Buford on December 21, 1919, And 22 were deported subsequently.
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3 02 - Who the Arrested Aliens Were 16:47
Personnel of the alien groups. Naturally, in discussing these aliens, the first questions of interest and of importance Concerned 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, seven were women and one was a minor. Ten nationalities were represented in the list. 148, or 74%, were Russians. Russians and Ukrainians grouped together. Next in number came the Poles, with 19, or 9.5%, the Lithuanians, with 9, or 4.5%, the Austrians, with 8, or 4%, The Croatians with six or three percent.
There were also three Germans, two Yugoslavs, two Hungarians, one Italian, one Bulgarian, and one 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. 179, or 89.5 percent, of the total number 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. Residents in the United States 134 or 67 percent of the 200 aliens had been resident in this country from 6 to 10 years. 31 or 15.5 percent had been in this country from 1 to 5 years, while 23 or 11.5 percent had been in America from 11 to 15 years. Seven had resided in this country from 16 to 20 years, and one had been here for 36 years. In four cases, length of residence was not given. Marital Status. 112 or 56 percent of these 200 persons were married. Seventy-four of these had children. Two men had five children, all born in the United States. One man had six children, four of whom were born in America.
Two spoke of having American-born wives, although they were not usually questioned on that subject. Twenty-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 two hundred cases was one hundred fifty six of whom ninety eight were born in this country and were living here. Knowledge of English. The knowledge of English which these persons possessed varied of course with the degree of their general intelligence. There were among them some very bright 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, and 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 ensured of a fair degree of just treatment in proportion as they could or could not. 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, seven were women.
One was a minor. There were, therefore, 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 encountered by these aliens in obtaining citizenship. One man, Rudolf Sarpu, Warrant number 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 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 one man said he was told that if he took out papers, they would never let him out of this country. Warrant number 54709-399. Six aliens promised during the proceedings to become citizens if allowed to remain in this country. The statement of R. Seaman, 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, thirty-seven are recorded as having purchased liberty bonds, and twenty-four as having bought thrift stamps or contributed 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 Karakoff, Warrant No. 54860-156, a certified copy of his honorable discharge from the Army was introduced 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 radicals had waived their right to exemption when registering for the draft, and one had volunteered but had been refused because of physical disability. In one case, an Aircraft Industrial Service Army button was introduced 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. Ernst Beam, Warrant No. 54735-102, a man of 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 Liberty loan drives. and an ardent advocate of Americanism 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 17 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 12 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 government 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 19 of the records, it is stated that the individual had no money. On the other hand, 45 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 businesses. 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, respectively.
Another man referred to his having lost $1,700 in a business enterprise. The prison investigation 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, employers, social service agents, pastors, and even a deputy sheriff, immigration inspectors, and Department of Justice 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 great above altogether unskilled labor, of fair intelligence. A few had more intelligence, and some were quite pleasant. A few also were obstinate, unreasonable, grouchy, 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 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 clerks' error in referring 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 sanitation 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, considering the women who were included in these groups of aliens. Of the 200 cases examined, seven were women. The husbands of five of them were also under arrest. The nationality record shows four to be Russian, two Polish, and one Dutch. They had been in the United States for periods 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 twelve children involved, ten 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.
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4 03 - How the Arrests Were Made 25:51
The raids, the exact number of arrests made in connection with deportation proceedings during the five-month The period covered by this study is not known. It is certain, however, 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 individual 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 roundups 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 organizations, 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. The homes of some suspected persons were also entered and searched. In one case, a printing shop was entered and searched. In the case of Mike Stetschna, Warrant 54810-490, it was shown during the hearing that search warrants were issued by the authority of Chief Magistrate William McAdoo of New York City, giving 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 Korshikoff, Warrant No. 54709-455, who testified that he was studying arithmetic When the detectives and policemen came in and ordered them all downstairs. 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 Skowchuck, warrant number 54709-447, testified also that about 30 students were locked in a room. Searched, driven downstairs, beaten, and hit by policemen 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 arrested aliens will be found in Chapter Seven. 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 everyone knows, to arrest for felonies without warrant, and raids are also frequently made on gambling houses, for example, without warrant either for search or for arrest.
This rather loose practice is debatable even in the enforcement of the criminal law, save where the offender is taken in the act of committing a crime, in which case even a civilian may make an arrest. But, as applying 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 always 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 violence, and 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 Looney, warrant number 54860-784, a telegraphic warrant was issued on January 15th, the same day on which Looney was arrested. The regular warrant was issued on January 17th, although the affidavit in the case was dated February 2nd. Contrary to legal requirement, this evidence was seldom forwarded to the proper authorities at Washington, and instead 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 the latter confirmed 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 arrests were frequently made without warrant or even affidavit of probable cause of arrest. The case of Nick Melnick, warrant number 54709-349, illustrates this practice. In his hearing, testified that he was walking along Charlton Street, Newark, New Jersey, about 10 o'clock in the evening, when he was arrested. In the case of Andrew Lazerowitz, warrant number 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 Teresink Warrant No. 54709-452 chanced to be in the home of a friend, Tony Cinelli, for whose arrest a police officer had a warrant.
Terrasink 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 200 cases, 89 persons were arrested previously to the issuance of warrants. In 48 cases, no date is recorded. 13 persons were arrested on the date the warrants were issued. While 47 were arrested after the issuance of the warrant. In one case, no warrant was ever issued. In two cases, the date of the warrant is not recorded. The period by which the arrests preceded the issuance of warrants ranged from 1 to 57 days.
George Lupino, Warrant No. 54860-669, was arrested 12 days before the warrant for his arrest was issued, and Peter Kulikowski, warrant number 54861-263, was arrested 16 days before the issuance of his warrant. In the case of Ivan Efimenko, warrant number 54861-299, Fifty days elapsed between his arrest and the date on which his warrant was issued. In the case of John Ivanouskas, Warrant No. 54861-275, the period was 57 days. Illustrative Cases Joe Rodank, Warrant No. 54859-810, was arrested on January 3, 1920, and the warrant was issued six days later. Rodinck had lived in the United States eight years and was employed as a car repairer on the New York Central Railroad. He had purchased his home, on which $400 was still due.
During the war, he had registered for the draft. and purchased four $50 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, Rodinck was a member of the Polish branch of the Socialist Party, which by transfer had become a branch of the Communist Party. Rodinck 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 canceled on April 2, 1920.
The warrant for Peter Kulikowski warned 54861-263 was issued on February 26, 1920, 16 days after his arrest, which took place on February 10, 1920. Kulikowski had been in the United States six 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 denied, stating that he was a member of the Ukrainian branch of the Socialist Party at Coal Run, Pennsylvania. As evidence of the charge against him, a card of membership in the Socialist Party was produced. But no card of membership in the Communist Party was given as evidence. The Socialist Party at Coal Run merged into the Communist Party.
The minutes of a meeting held on November 30, 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 hearing 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 during the war. I worked hard for the superintendent to have the people buy Liberty bonds and did everything I could. The warrant was canceled April 8, 1920.
John Ivanouskas, warrant number 54861-275, was arrested on January 2, 1920. His warrant was not issued until February 28, 1920. Ivanouskas had been in the United States between seven and eight years and had worked for six years as a laborer for the Jewel Clark Stove Works. He registered for the draft, but was put in Class V. He purchased two Liberty Bonds and bought war-saving stamps to the amount of $5. He also contributed to the Red Cross and the YMCA. 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. Ivanouskas 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 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 recommended 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 Tsarist 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 undercover men are employed by the Department of Justice who mingle freely with radicals and join their organizations, manifestly, the agent must counterfeit radicalism with sufficient 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 connection with the raid of January 2, 1920, the Department of Justice issued instructions as follows. Quotes. If possible, you should arrange with your undercover informants to have meetings of the Communist Party and Communist Labor Party held on the night set. I have been informed by some of the Bureau officers that such arrangements 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 prescribed 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, however, that in so doing he acted on any other than his own initiative. The case is that of Dintro Iwanke. Warrant number 54860-901. He is an alien, a native of Ukraine, Russia, 35 years of age, who had come to the United States in 1913. Iwanki had no family and no regular occupation. He had done some writing for radical newspapers, spoke English, and acted as an interpreter.
His first citizenship papers had been taken out, and he had made application for his second papers. Iwonki 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 January 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. Iwonki became an employee of the Amesworthy and Gavitt Detection Agency in Pittsburgh, Pennsylvania in June 1919, an agency which was furnishing information to the Department of Justice. He was detailed to the Youngstown 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 Socialist 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.
Iwanki informed an agent of the Department of Justice where the book was kept, with the comment that the persons whose names were contained therein, quote, belonged to the Communist Party only because of me. According to his testimony, protection was promised him by the government 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 employment with the Department of Justice. The records contain no refutation of these charges. The testimony of Mr. Amesworthy of the Amesworthy and Gavitt Detection 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 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 Youngstown, Pittsburgh and Cleveland, where Iwanki was active, solely on the basis of information furnished by this, quote, undercover man. During the course of this study, Alexander Bunda was found to be a victim of the activities of Iwanki in his capacity as an agent provocateur. Alexander Bunda, warrant number 54860 slash 905, is a native 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 repairer for the P&LE Railroad.
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 Iwanki, according to the latter's testimony, as reported in the Special Memorandum of the Inspector in Charge in the Iwanki case, to transfer to the Communist Party. On or before January 6, 1920, He was arrested without warrant on the instigation of Iwanki. In his preliminary examination, as well as in his subsequent hearings, Banda did not deny membership in the Communist Party, but stated that this membership was by a transfer which, according to his understanding, did 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 Manifesto and Constitution. Under date of March 27, 1920, the immigration inspector in charge of the district submitted a memorandum in which he says, I beg to call attention to the report of the hearing which is being forwarded today in the case of Dintro Iwanki, who claims that he induced this alien and others to join the Ukrainian branch of the Communist Party for the purpose of providing him with information. It is understood that none of these men involved knew that Iwanki was an undercover 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 colonies, sometimes as miners, again as steelworkers, 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, undercover 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.
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5 04 - How the Aliens Were Tried 35:35
How the aliens were tried. The, quote, trial, and quotes. In the judicial sense, there is no, quote, 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. One. 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 it appears in the record. Question. Whose book is it? Answer. By the interpreter. Same place. Live with him. Other fellows. Probably that book belonged to him. Question. What were you doing with this book? Answer by the interpreter. He said he was beaten over there when he 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.
Two. Even more important than the intelligence of the interpreter or his ability properly to interpret the aliens Or the inspector's meaning is the question whether the interpreter was in any way connected with the prosecution. 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 prosecuting department of the government As interpreter. Compare Warrant No. 54811-534. In five cases, the accused spoke English well enough so that no interpreter was involved. See Warrant No. 54809-64. In five cases, the interpreter was not otherwise connected with the case. Compare Warrant No.
54811-534. Number 54860-363. In three of the 17 cases in which an employee of the prosecuting 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 number 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. Compare Warrant No. 54859-514 and Warrant No. 54859-492. In another city, where five of the 200 arrests were made, We again find an employee of the prosecuting department of the government acting as interpreter in four cases. In the fifth case, no interpreter was needed.
Counsel for alien, the changed rule. The counsel for the alien was another important factor 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 examination 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 procedure 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 Five, 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 warrant of arrest, or at any rate, As soon as such hearing has proceeded 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 represented by counsel.
Delays in Admitting to Counsel On January 28th, 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 imperfectly, and terrified by their sudden seizure and arraignment, 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 percent of the 200 aliens whose records were examined were represented by counsel at some time during the proceeding, while 71, or 35, for reasons which will be presently stated, waived their right to counsel. In four cases, the facts relative to such representation were not recorded. In the case of Procpe Mojica, Warrant Number Five Four Eight Six Zero Slash Three, he was not informed of his legal right as to counsel until after nine Pages of testimony had been taken. At this time, Alien waived his right to counsel. He was ordered 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 Sergi Crook, Warrant 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, quote, proceeded sufficiently in the development of the facts to protect the government's interests, end quote, 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 the right to counsel, as illustrated in the following.
Alex Gochowski, Warrant No. 54810-191, I am ready to defend myself. I don't need any attorney. Vasil Lalajo, Warrant No. 547-09-190, 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. M. Babiars. 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, Wolfe, and Noro, of which Judge Niles, head of the Baltimore Bar, is senior partner. 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% of the total. In eight cases, no evidence whatsoever was submitted. Affidavits. In 14 cases, the only evidence submitted was the customary affidavit of the Department of Justice.
This affidavit also was in a mimeographed form, and in substance was a statement that the agent, quote, is informed and verily believes, end quote, the alien to be an anarchist or member of a prescribed 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 percent, of the 124 cases examined. In six 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 prescribed 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 prescribed 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 meetings and social gatherings given under the auspices of the Socialist or Communist parties, subscription lists containing names of those who had contributed to funds to help the wives of men arrested or for purposes of like character. In the cases of two men, there were photographs 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. Postcards and letters were also frequently found among the exhibits, and when signed, Yours for Communism, were considered particularly strong evidence. Compare Joseph Jankowsky's 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 Murroff, Warrant No. 54809-987, admitted having been a member of the Communist Party. In her testimony, she stated that she did not know the Communist Party was a prescribed 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 Communist Party when she had been elected a member of their State Executive Committee. She replied, I don't know whether anyone 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. Quote, 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 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 organization 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 Number Five Four Eight Zero Nine, Slash Eight Zero Zero, 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 six or seven thousand dollars. The alien was alleged to have hired a hall for the purpose of holding 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 purpose. He was arrested on charges of anarchy on or about January 3, 1920. And after preliminary examination, he was released under bond, which he furnished himself to the amount of one thousand dollars. A rather bulky envelope marked exhibits, and containing the evidence in the case of this alien was attached to the record of the hearing.
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 recommendation of the examining inspector and the commissioner-general, in which the assistant secretary of labor concurred, the warrant of arrest was canceled 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 the answers interpreted 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 transcript 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 furnished, and he was released on or about January 20th. On or about March 22nd, nearly three months after his arrest, the warrant was canceled. The case of Joseph Popolek, Warrant No. 54709,449, is referred to in another section of this report. See page 60. The only evidence submitted in this case was a carbon copy of extracts from pages two and three of the membership book of the Union of Russian Workers.
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 possession, 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 seven years, and at the time of his arrest was employed as a packer for the American Distributing Company, 33 Essex Street, New York City. No bail being furnished, Popolek was held in jail from the time of his arrest in November until December 21, 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 number 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 children. He was in the employ of the Western Electric Company. His frugal habits were illustrated by the fact that he had saved several hundred dollars. During the war, Ciprina had registered in the draft, had purchased Liberty Bonds, and for 10 months he had contributed one dollar per month towards 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 submitted 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 hearing, which was held on November 29, 1919, he definitely and consistently denied the charge of being a member of the Union of Russian Workers, and when the membership 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. 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 passport, 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 impression 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 rehearing 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 country voluntarily.
Statements of government agents. Striking also are the testimonies of agents of the government relative to the evidence submitted in different cases. Frequently, the agent made the statement that he was in possession of confidential information, the source of which he could not divulge, And he could not produce substantial evidence against the alien. In the case of Joseph Jankauskas, Warrant No. 54860-353, the record contains the following question by the inspector and answer by the agent of the Department of Justice. Question. Have you any evidence you desire to offer in this case, or witnesses? Answer. 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 undesirability of the department, to expose certain confidential informants, 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 12, but neither the date of arrest nor the date of the preliminary examination 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. Jankowski's warrant was canceled 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 Strolhock, warrant number 54809-104, in which the special agent states, quote, at the time we applied for the warrant, we had ample evidence, 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 our sources. Therefore, I do not believe we have any evidence at the present time to show in this case. I will further state that the Roman 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 standing. Mike Stollhawk 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 canceled. In the case of Vasily Zestkow, warrant number 54859-514, the following testimony was given by the agent. Quotes, 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 creditable 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 Elukovitch 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 canceled because of lack of evidence to substantiate the charge.
In the case of Dmitri Zosko, Warrant No. 54809-128, the agent makes the following statement. Quotes. I would like the record to show this, if you please, that this man was arrested on the basis of his name appearing on 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 informants and undercover men, and this the department considers inexpedient.
This alien was arrested some time 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 the recommendation of the examining inspector and the Bureau of Immigration, in which recommendation of the assistant secretary concurred, the warrant of arrest was canceled 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 canceled, 97. Deportation ordered, 78. Proceedings stayed, 18. Ordered reopened, 4. Decision pending, 1.
Released on parole, 1. No warrant issued, 1. Total 200. In accordance with the 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 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 instituted, until the deportation warrant is about to be executed. Relatively few cases have actually reached that stage. Recent decisions in certain cases will be noted in the final chapter.
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6 05 - How Many Were Connected with Proscribed Organizations 48:24
How Many Were Connected With Prescribed Organizations. The Habit of Belonging. It is fitting at the beginning of this chapter to indicate 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 communities, 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, quote, belong as naturally and attend as regularly as they eat, not because the organization adheres to one set of principles or another, but primarily because it is a, quote, 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 another, 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 belonging 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 conversation one day, he revealed the fact that he, quote, belonged to about ten organizations. There were among them religious 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. Questioned 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. Classification of Cases Prescribed Organizations It has already been pointed out that the Secretary of Labor, in accord with his understanding of the immigration 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 considered frankly anarchistic. The IWW and the Communist 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 The two hundred records which form the basis of this study were examined with a view to determining the facts concerning affiliation with the prescribed organizations.
The cases fall into five classes. First, those clearly not members of the organizations in question. Second, those clearly members of a prescribed organization. Third, those who became members of such organizations by automatic transfer. Fourth, students in schools connected with prescribed organizations. Fifth, doubtful cases. The evidence is so unsubstantial and often so circumstantial 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 appear to have given the benefit of the doubt to the government rather than to the accused. They often pronounced judgment against the alien on a pure technicality, 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. One, the evidence submitted at the hearing. Two, testimony given by the alien together with his past record. Three, recommendation made by the inspector. Four, The final disposition made in the case of the highest authority in the matter, that is, the Secretary of Labor. One. Not members of prescribed 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 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 Expack. Warrant number 54810-128 furnishes a typical illustration of this class of alien who clearly did not belong to a prescribed organization. This alien was a native of Russia, 28 years of age, and had been in this country 12 years. He spoke English, was married, and had one child. He and his family lived in Lowell, Massachusetts. He was a cobbler by trade, and at the time of his arrest was in business for himself, conducting an establishment in Lowell. The record 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 proscribed 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 Kuhlbach, and since Kuhlbach was a radical, therefore this alien must be a radical. The affidavit does not No evidence was presented in substantiation of the charge of anarchy. Expac consistently disclaimed membership in any organization 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 immigration inspector concurred, and finally, the warrant was canceled on April 14th, 1920, making the period between the time of arrest and the time of final disposition, three and one-half months. Two, members of proscribed organizations. Of the 200 cases here reported, fifty-six 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 Hughes, warrant number 54709, 991, furnishes illustration, in many respects, typical, of aliens belonging to a proscribed organization.
Mike Hughes was a native of Galicia, was 28 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 10 years, and at the time of his apprehension was working in a shoe shop in Grand Rapids, Michigan. He had been able to save $500. 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 speaking 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 Cleveland. Hughes 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 a member of the Communist Party. The alien acknowledged having been a member of the Communist Party for about three months. He testified as follows concerning his membership in the Party. Question. Is the Communist Party organized for the purpose of overthrowing the Capitalistic Government of America? 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, I see the warrant, I believe, but I haven't done any damage yet.
Concerning his deportation, he made the following statement. I don't want to go to Galicia, because that is under the jurisdiction of Poland, and they murder everybody there. And further, if they deport me, I want the wife and children to go with me.
Is your wife also a member of the Communist Party? A. When the husband is a member, the wife is also. She belongs just like I do. The alien was unable to furnish bond, and was held in detention until March 20, 1920, when order of deportation was issued, and as no deportations to Russia have been effected since that date, this alien is still held, November, 1920. It may also be added that Anastasia Hughes, wife of this alien, was also arrested. Warrant number Five Four Eight Six One One Two Seven, but proceedings in her case were cancelled. Three members by automatic transfer. These persons were invariably members of the left wing of the Socialist Party. In September, nineteen nineteen, when the left wing formed itself into the Communist Party, many locals were transferred en masse to the Communist Party.
The members of these locals were often transferred with their society. In some cases, the members 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 transfer, 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 prescribed class whether or not he approved of his transfer.
The final decision in the matter seemed to have depended upon a referendum vote of each local branch. The question of membership in such cases in the prescribed 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 declared 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, Seventy-four became members of one of the prescribed organizations in this manner. Of these, twenty-nine were entirely ignorant of the transfer, while forty-five, although having a knowledge of the transfer, seemed not to understand its significance.
Transfer without aliens' knowledge. A typical example of this class is furnished by the case of Paul Rosensky, Warrant No. 54811-603. Paul Rosensky was a Lithuanian, 31 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 interpreter was used in his case. He had served in the Russian Army and had registered for the draft during the recent war and was placed in Class V. He had a stepbrother 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 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. Question. Did the members of your local ever vote as a local to affiliate with the Communist Party of America? Answer. No. We were protesting all the time. Question. 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? Answer. Yes. Question. Do you know what the result of the referendum was?
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 referendum was? A. We don't know yet. Q. Did your local No.137 of the Lithuanian Socialist Federation 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 majority of the members will vote to come back in the Socialist Party. 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 expression.
Q. 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 government. 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 the end of that period. Transfer not understood by alien. The case of Ilya Matushko, warrant number 54859-464, furnishes a typical illustration of aliens who were transferred from the left wing of the socialist party to the 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 was 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 V. He was arrested on or about January 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 education. 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 hear 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. Matuszko 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. Four. Students in schools conducted by or in connection with radical organizations. Of our 200 cases, eight were arrested and detained because of, or as a result of, their being connected with schools maintained 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 records, it does not appear that these young men were strictly members of any of the prescribed organizations. It may be, however, that radical instruction was being given at these schools, although the records mentioned only English, history, civics, arithmetic, engineering, automobiling, and Russian as the major subjects taught. Joseph Popolek Warrant No. 54709,449, furnishes a clear example of this type. Popolek was a Russian, 27 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 evening of November 7th, 1919, while taking a lesson in mathematics, 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 arrested. No evidence was offered by the authorities in substantiation of the charge that the alien was an objectionable person, except that, in the course of the hearing, 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 Popolek on November 9th and on November 25th before an immigrant inspector at Ellis Island. In answer to the question whether he desired 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 questions. belonged only to the church. In answer to the various questions, the alien, in a consistent and straightforward, positive manner, testified that he was not a communist, and that he was not a member of any prescribed organization, and that the only organization to which he belonged in the United States was a 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. Popolek, who was a member of the 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 Brotherhood of which he was an officer. He was also a constant attendant at the evening classes conducted by the 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 evening classes on account of insufficient funds, Popolek began attending classes at the People's House. Mr. Popolek had favored the United States form of government, but had kept his Russian citizenship on account 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. Popolek 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, Popolek, when asked the same questions which had been propounded at his first hearing, 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, Popolek was deported on December 21, 1919. after being held in custody and incommunicado for six weeks.
Five. Doubtful cases. The fifth class is made up principally of persons who seem to have had some tendency toward radicalism and who at some time were definitely connected with one of the prescribed organizations. These aliens generally acknowledge previous membership. but definitely denied being members of the prescribed 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 number 54709-163, furnishes a typical example of this class. Mitchell was a native of Poland, was 25 years of age, and had been in the United States for five years. He was single. He had lost one arm while working for the American Brass Company at Ansonia, Connecticut. 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-saving stamps. His reason for not being a citizen of the United States, he stated thus, I am a Polish patriot.
In 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 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 $1,000. and later raised to $2500. 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 Secretary 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, Connecticut, directing him to use his influence in the interest of revolutionary socialism. The letters pertain to meetings and other business regarding the organization. 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. Regarding his belief in anarchy, the alien made the following statement. I will say, relative to the warrant, that I am not an anarchist. 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 throwing 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 questionnaire, I stated that the government could have me at once if they wanted me, and they put me in the First Class A for limited service. He gave further expression to his belief. Question. 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? Answer. My organization does not teach this belief.
My organization has its newspaper, Gloss Robodnizzi, 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 investigator visited Hartford County Jail, This alien was still detained. The warrant had been canceled January 6, 1920. Motives prompting affiliation with prescribed organizations. The aliens' motives, as stated by themselves, for joining various organizations and their interpretation of the principles of their societies, also constitute an interesting and fruitful inquiry.
The aliens who admitted membership in prescribed organizations gave various reasons for their affiliation. These reasons may be roughly classified as educational, economic, social, and political. Educational aims. By far the greater number give as their reason for belonging to a prescribed organization their desire for knowledge of one kind or another. The following cases are typical. John Waukuk, Warrant No. 54859-830, said that he joined to, quote, learn to read and write arithmetic. Alexander Kuczynski, Warrant No. 54861-9, said, I desire to learn about automobiles. I discovered that those who know how to repair automobiles and run them make good pay. William Vorinnen, 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 Doshinsky and his party in my native land, Poland. Political motives. There were some who belonged to the organization for political reasons. Declaring their political interests to be confined to Russian politics, Sam Cott, Warrant No. 54860-787, gave as his motive, I am a Soviet citizen. As you know, my wife and children are there, and I joined an organization because I want to be met by the Soviet government of Russia as a citizen.
Maxim Bezelik. Warrant number 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 Falkowski, 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 number 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 Babiars, warrant number 54859-955, said that he, quote, 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 Revey, 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 I could pass a pleasant evening. Peter Baker, warrant number 54809-300, testifies, I don't know what it means, but I have been a member 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 was for to pass my time. Tony Vassilowich, Warrant Number Five Four Seven Zero Nine, Slash Four Four Three, had an understanding that the organization to which he belonged was a Sick Benefit Society.
He states, When I joined this organization, Union of Russian Workers, 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. 547-09-462, gives the same reason. The purpose of it is first to help each other in case of sickness. 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 understanding of the purpose of the organization.
Following are a few citations of such expressions. Federation of Unions of Russian Workers. Nikolai Gorin, Warrant No. 54861-145, said, It is an organization for teaching culture and education. Michael Zawicki, Warrant No. 547-09-348, said, A union for the purpose of teaching illiterate people by blackboards. Nicholas Melenkov, Warrant No. 54861-306 gave 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. Nicholas Stexton, 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 Hedeguroff, Warrant No. 54861-48, understood the purpose as being Brotherhood, Equality and Truth. Communist Party, Sam Mirkovich, Warrant number 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 government, 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. Question. Do you mean get control of the ballot? Yes. In the minds of some, the purpose bordered on political aims, mainly dealing with conditions in Russia. Alex Palukovitch, 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 violent change, or a peaceful change. It is their business. Nicholas Torbiak, warrant number 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 someplace 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 Communist Party and have the Communists control the country instead of kings or czars, because czars used us like animals.
Catherine Bloom. Warrant number 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 $50 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 formerly 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 could educate these people to that point, they would become citizens as soon as they saw it was agreeable. Mrs. Bloom definitely wished to remain in this country. Julius Osais, Warrant Number Five Four Eight Five Nine, slash Five Eight One, said, In our organizations, nothing has been said about these statements in the warrant about the overthrow of the government 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.
548-09-300, had a social understanding. As I understand it, it was just a place 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 enlightenment and discussion. Dimitri 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.
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7 06 - How the Aliens Felt About Leaving America 12:09
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. One. Those who clearly expressed their desire to remain in the United States. These, for the most part, had families in this country and were not connected with any prescribed organization. Two. Those who expressed a desire to leave this country, either at their own expense or by deportation. These in the main belonged to the prescribed 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.
Three. Between these two types, there were a number of persons who were indifferent as to deportation. The circumstances 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 desired to remain in this country. Fifty wished to leave, and twenty-one were entirely indifferent. The following are typical expressions of preference on the part of the aliens, as taken from the records. Those who wished 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. 548-09-300. The only thing I can say is that I like this country and would like to live here. R. Seaman, Warrant No. 548-10-1. 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, 13 years in this country, and I never done anything. I worked hard during the war, seven days a week, 12 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. Gospoden Groseff, Warrant, No. 54709, 846, a Bulgarian. 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. Those desiring to leave the United States. Alex Palukovitch, 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 across 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. Frank Kunesis. Warrant number 54860 slash 930.
Don't want to be sent out by the United States government. 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. Vassily Vassilowicz. Warrant number 54860 slash 333. There was no one to issue passports unless it be Bakhmetev, 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 Koropatko, Warrant number 54709345. 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. The reference here is probably to a futile application for passports. 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. Those who were indifferent to deportation. Jack Guides warned number 54859-866. Whatever you want to do with me is all right. Dimitri Babrak warned number 54810-845. If they want to deport me. Let them deport me. Martin Svesda. Warrant number 54860 slash 919. I have nothing to say. If you want to send me, go ahead and send me. Gertow Jinkovich. Warrant number 54861 slash 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.
Vincent Martson. Warrant number 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. Ephraim Zolotem. Warrant number 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. Alartin F. Schellig, Warrant No. 54861-147. I did not do anything. If they find it is necessary to deport me because I am not an American citizen, they can do anything they wish with me. Americanization. Americanization is in quotes. 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 Smolik, warrant number 547-09-280.
When I came to this country and saw the Statue of Liberty, 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 Polak 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 Polak. 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, 16 men expressed the desire to stay in this country, and 40 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 36 years of age, and had been in America for eight years. He had received a letter from 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 anarchist. Another man, a printer, married with four children who had been in this country for 15 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 25th, 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 impressed by Americans whose acquaintance they had made in the labor union or elsewhere.
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8 07 - How the Aliens Were Treated 12:55
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 200 cases reported in this account, 91 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, blackjacks, handcuffs. 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 alleged by some of the aliens to have been received by them at the time of arrest.
E. Berezovsky, Warrant No. 54809-7. Instead of showing me a warrant, they showed me a blackjack and a revolver. Afanasi Slowetsky warned number 54860-260. Nothing was shown to 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. Nisita Sophronia warned. Number 5-4-7-0-9-2-8-4. I have lived long enough in Russia under the Tsar. 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 house and at the time I was traveling in an automobile, they were beating me in the sides with their handcuffs, 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. 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 extracting evidence from him. John Cherniowski, warrant number 547-09-465, in the course of the hearing, made the following statement.
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. Question. You mean Mr. A grabbed you by the neck?
Answer. This fellow. Question. That is Mr. A? Answer. 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-dash. That is the name. Question. Now, did anything else happen? Answer. That is all. B. Treatment in Jails and Detention Stations Since the records examined, The prison consists 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 investigation made at the prisons, however, supplies evidence of interest and importance on the subject. At Pittsburgh and Youngstown, conditions were found to be relatively good.
But, both at Hartford and at Detroit, A serious situation was found to have existed, which must be briefly described. One. Hartford, Connecticut, 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 25 cells. The barred side of each cell opened into a corridor about 2 1⁄2 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 concentration 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 bitterly 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 officers stated that it would involve too much trouble and red tape and would not be worthwhile. Held, quote, incommunicado, end quote. The prisoners were asked a number of general questions.
They seemed to be very eager for news, and upon inquiry, it was discovered that they had been held, quote, incommunicado. 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 permission, stating that he could only send her his address. In the office of one of the departments of the government, 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 letters 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 25, 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 incommunicado. According to records, they had been in prison since March 11. or two weeks. On April 2nd, eight days later, they still had not had their first hearing and were still held incommunicado. In other words, these four Fourteen 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 prescribed organization.
Two. Detroit Prison, Fort Wayne, April 9th and 10th, 1920. On April 9th and 10th, 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 detention. 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, quote, black hole, end quotes. 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 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 punishment 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 prisoners were doing their work steadily and were being allowed an hour out of doors in good weather, sometimes two hours. Sickness. The food given the prisoners was good, but the congestion which they suffered during the first days of their imprisonment made several of them seriously sick.
Although the men were left without care, which endangered the health of the entire number, there were no serious results.
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9 08 - How Long the Aliens Were Held in Prison 13:09
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 occurred early in January. In fact, 64 of the 82 men seen by the investigator on April 9th and 10th 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 examined 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 canceled. Third, still others after they had 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 immigration authorities had not received information as to the date when the alien was set free. In course of the regular 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 released from custody. In fact, cancellation of warrant was sometimes not followed by release until long after it had been promulgated. Length of Detention Period The following cases are illustrations of long detention periods.
Ignatz Maritska Warrant No. 54860-734 was arrested on January 3, 1920. The warrant for his arrest was issued on January 16. 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 warrant of this alien on April 1, 1920. He was, therefore, detained for a period of 88 days. Sam Cott, 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 canceled on April 14th. Since bail was set at $1,000 and the alien was unable to furnish it, he was held from the time of his arrest until after April 14th.
He was therefore detained for a period of 90 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 $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 12th, bail was reduced to $1,000, which was furnished, and the alien was released on or about that date. He was, therefore, detained for a period of 101 days. The alien had tuberculosis at the time. Vassil Alago, warrant number 54709,190, was arrested on November 7, 1919, on warrant dated November 6. Bond was required to the amount of $1,000, which he was unable to furnish.
A hearing was held on November 9, and the inspector made the following summary of findings. Two of the special agents who have investigated Lalaggio's case strongly recommend that the warrant be canceled. 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 canceled, 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 recommendation, Lalaggio was still being detained. All warrant proceedings against this alien were canceled 11 days later. And if he was released immediately upon the cancellation of proceedings, he had been detained for a period of 162 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, quote, guilty, The alien was ordered deported. If found, quote, not guilty, his warrant was canceled. If his case was doubtful, there were three possible courses.
One, the proceedings were stayed from three to six months. Two, the alien released on parole with instructions to report to government officials at certain intervals. And three, the case was ordered opened for a new hearing. In case the alien was found, quotes, guilty, or proceedings were stayed, he might be released on bail pending deportation or a second hearing. Of the 200 aliens whose cases are reported in this account, 95 actually furnished 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 official 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 181 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 subsequent 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 12 men who on April 7th 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 the money would never be returned to the person furnishing the bond. This naturally resulted in making it impossible 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 delays 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 January 24th. But the record was not forwarded to Washington until March 3rd, 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 canceled 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 furnishes a typical example. This alien was a native of Russia, 29 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 arrested 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 company, 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 anyone who could furnish its 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 or more to the grocer. The family could not furnish the $5,000 bond 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 Washington. Quotes, referring to the case of Ivan Efemenko, 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.
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10 09 - How the Aliens' Families Were Affected 8:40
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 deported on the Buford on December 21, 1919. We have learned that of 13 women whose husbands were deported at that time, 10 had children. Two of the 13 women were pregnant. In addition to the mental suffering, the economic distress caused by the sudden removal of the sole breadwinner 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.
Offers 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. Michaeloff, who was interviewed in connection with this investigation, the following facts were brought to light. Mrs. Michaeloff was a native of Russia, 30 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, New Jersey in March 1919. Mrs. Michaeloff had visited her husband several times at Ellis Island, the last time about 10 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 she went with them to Ellis Island, she found the Buford had sailed. Mrs. Michaeloff 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. Michaeloff, she stated that she had found employment in one of child's restaurants as a dishwasher, for which she was receiving $9 per week. She said that she could not get along on this. and was very desirous of joining her husband as soon as possible. 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. Michaeloff 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 deportation of her husband on the Buford was Mrs. Vincent Martson. Mrs. Martson is 22 years old, had a child of 16 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. Martzen, he stated that if he was found to be guilty under the law and deported, he wanted his family to go with him.
Mrs. Martzen 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 resided 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 4th, but died on March 15th. Her husband was released the day after his arrest, but was re-arrested 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 miscarriage 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 Anderchuk, 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.
Warrant number 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 prescribed 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 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 investigation of the family of one alien, Lucas Kozased.
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 deported. 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 superintendent of the United Charities of Chicago states that this alien had never been connected with any radical group. On January 2nd, at the invitation of Mr. Bezelko, 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.
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11 10 - Summary 9:41
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 200 cases, together 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 workfolk. Storekeepers, shop workers, shoemakers, 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 purchased bonds or, in other ways, taken part in wartime 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 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 immigration 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 alien's knowledge of English was so imperfect. 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 number of these aliens could be classed as dangerous radicals. A large number of them were transferred from the Socialist Party, either without their knowledge or without understanding the significance of such a transfer. We find evidence that aliens were induced to join prescribed organizations through the efforts of a provocative agent. The simplicity of their testimonies, their obvious sincerity, 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 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 the 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. During this period, 2,777 aliens were deported for all causes, 314 of whom, or 11.3% of the total, were of the classes considered in this report. The questions at issue. It is a matter of common knowledge that the proportion 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 canceled was usually a lack of evidence in the judgment of the Assistant Secretary of Labor, who has been in charge of these cases, to prove either Membership in a prescribed organization or a belief in violent opposition to government. 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 tenants 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.
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 sufficient ground for deportation, while Judge Knox's decision supports the Secretary's ruling. A decision on 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. Hinderances 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 exceedingly 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 directly into Russian territory, and transportation by indirect routes was prohibitive in expense. Social Consequences Some of these aliens were held for a considerable period, which was virtually equivalent to an indeterminate 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 suspicion has been produced among immigrant groups, which it will require, perhaps, years to allay. It is impossible to know how much of the hostility Now being reported on the part of foreign countries towards America is due to the impressions made upon the nationals of other countries who have resided in the United States.
It is difficult to avoid the conclusion that, with the exception of the comparatively few persons who were clearly deportable under the law, these aliens needed not legal But social and educational treatment, looking toward an effectual interpretation to them of the best ideals of American life.
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12 11 - Deportation Laws Affecting Alien Anarchists 5:36
Appendix. Excerpts from the Deportation Laws Affecting Alien Anarchists. Act of February 5, 1917. Section 3. that the following classes of aliens shall be excluded from admission into the United States, anarchists, 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 this belief 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 officers generally of the government of the United States or of any other organized government because of his or their official character, or who advocate or teach the unlawful destruction of property.
Section 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 violation 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.
Section One. That aliens who are anarchists, aliens who believe in or advocate the overthrow by force or violence of the government of the United States or of all forms of law, aliens who disbelieve in, or are opposed to all organized government. Aliens who advocate or teach the assassination of public officials. 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 unlawful assaulting or killing of any officer or officers, whether of specific individuals, or of officers generally of the government of the United States or of any other organized government, 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.
Section Two. 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 I 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, irrespective of the time of their entry. Section three returned to the United States after deportation is a felony, and after punishment here, any alien so convicted shall again be deported.
End of Appendix, End of The Deportation Cases of 1919, 1920 by Constantine Penuncio.