The department informs us that as to securing proof as to the truth- of the charge they would have much trouble. because there are a great many that escape when they are legally charged on the other side with crimefugitives from justice. Just as soon as they think some indictment or some presentation. or whatever they may have in that particular country. is made. and that the officer is going to get them. they flee at once. I would not go to the extent of voting that a mere charge should exclude an immigrant. because it is too easy. as lawyers all know. to get trumpedup charges. and merely to say that a statement. with an affidavit or something else on which a warrant could be based. would be a legal charge sufficient to exclude a man would be unjust. I would not go that far. either. But. Mr. Chairman. we proceed to say in addition that If he can showputting the burden on him and not on the Government. if there is a charge over there outstanding against himthat it Is not a legal charge. certainly It ought not to be required that this Government should go and hunt up the proof and show that it is a legal charge. Therefore we might well presume. when a charge stands there against him. it is a legal charge. rnd he ought to be deported. unless he furnishes proof. which is very difficult for the Government to obtain. of the fact that it is not a proper charge. I have practiced law and I have defended many a man indicted for crime. and I sympathize with gentlemen who know what the difficulties of defense are. and I know how frequently it is that men are sometimes jeopardized even when they are innocent. and- therefore I believe in our old English commonlaw doctrine of drawing around the suspected criminal these safeguards of presumption. But here is a man coming to this country. while in his own country there may be a cbarge against him. That is not in itself enough. if he can assume the burden of proof. which is over there. and which he can get if he is innocent more easily than the department can. The department has to rely upon the charge. but he may be able to show that it is a trumpedup charge. and if that is true he is not subject to deportation.
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immigrant deported deportation