Speech #670383632

To these and other exhibits some consideration will be given further on in this report. (2) A violation of the fourth amendment to the Constitution. which provides : " The right of the people to be secure in their persons. houses. papers. and effects against unreasonable searches and seizures shall not be violated. aimd no warrants shall issue but upon probable cause. supported by oath or affirmation. and particularly describing the place to be searched and the persons or things to be seized." It is alleged that many hundreds of persons have been arrested without warrant or pretense of warrant. that mass raids and mass arrests were made without warrant as a result of both oral and written instructions from Washington. that in " countless cases " the homes. offices. and gathering places of persons suspected of radical affiliations have been invaded and property seized and removed. without pretense of search warrant. for use by the Department of Justice. and that property which could not be removed or which was of iso use to the department " was intentionally smashed and destroyed." As proof of these charges further exhibits are referred to. and ol which more later. In this same connection. it is charged that the department made use of undercover. provocative agents. " agents provocateurs." for the purpose not only of informing. upon but of instigating acts which might be declared criminal. (3) A violation of that part of the fifth amendment to the Constitution which provides that" no person shall be compelled in any criminal case to be a witness against himself nor be deprived of life. liberty. or property without due process of jaw." In this connection. the report calls special attention to the Cannons case. as shown by Exhibit 9 annexed to the report. and in which case the committee of lawyers charges that the agents of the department "committed assault. forgery. anfd perjury." In addition to these very serious charges of illegal and unconstitutional practices on the part of the Department of Justice and its agents. the Attorney General is charged with " deliberate misuse of his office and a deliberate squandering of funds intrusted to him by Congress in carrying on a propaganda against radicals through the public press for the purpose of prejudicing the public in favor of his actions." Im proof of this charge. reference is made to Exhibits 17 and 18. annexed to the report. The report apparently in conclusion seeks to minimize the results of the efforts of the Attorney General against the socalled red menace. in making the statement that prior to January 1. 1920. there were actually deported 263 persons. that since January 1. 1920. there have been actually deported only 1 persons. and that since January 1. 1920 (and up to the time of making the report. of course). there have been ordered deported an additional 529 persons. making a total of only 810 persons actually deported and ordered deported since the beginning of the campaign instituted by the Department of Justice some time prior to January 1. 1920. It will thus be seen that the charges made against the Department of Justice and the Attorney General are of a very serious character. They. in effect. say that the sacred rights of citizens and residents under the Constitution and laws. and the principles which govern our free Institutions have been ruthlessly violated by that department. and that the Attorney General himself is largely resonsible for such violation. But. under the principles invoked by those who charge these illegal practices committed by or under tile direction of the Attorney General. it is but fair and just that that official and the Department of Justice. of which he was the head. should have the right to be heard. either by way of complete defense or in mitigation of any of the charges made. It is proposed. therefore. to call attention to the law applicable to the exclusion and deportation of aliens and to the decisions by the courts construing the law. and also briefly to review the evidence submitted in support of the charges of the committee of lawyers. hereinbefore summarized. as well as those portions of the evidence submitted to the subcommittee of the Committee on the Judiciary. charged with the conduct of the Investigation. which are deemed at all relevant to the issues. In the first place. it should be noted that the arrests and seizures complained of were made in cooperation with the Department of Labor in two distinct campaigns. or " raids." against different classes of aliens: The first. the raid against the Union of Russian Workers. of November 7. 1919. and the second. that of January 2. 1920. directed mainly against the members of the Communist Party and of the Communist Labor Party. membership in which organizations was deemed sufficient to subject the alien to deportation under the pro. visions of the act approved October 16. 1918. Sections 1 and 2 of thif act are as follows: "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. 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 that advocates or teaches the unlawful destruction of property. shall be excluded from admission into the United States. " SEc. 2. That any alien who. at any time after entering the United States. is found to have been at the time of entry. or to have become thereafter. a member of any one of the classes of aliens enumerated in section 1 of this act. shall. upon the warrant of the Secretary of Labor. be taken into custody and deported In the manner provided in the immigration act of February 5. 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this act irrespective of the time of their entry into the United States." It was believed that the principles and constitutions of such or anlzations taught or advocated the overthrow of the Government by force and violence. It had been so held by the Secretary of Labor. whose decision upon the question is. under the law. final. (See sec. 19. 4mmigration act of Feb. 5. 1917. Fong Yue Ting v. United States. 149 U. S. 698.) No form of procedure is prescribed by the act of October 16. 1918. beyond this. namely that any alien who is a member of any one of the classes enumeraied in section 1 of the act shall. " upon the warrant of the Secretary of Labor be taken into custody and deported in the manner provided in the immigration act of February 5. 1917." The act of February 5. 1917. is scarcely more explicit in regard to procedure in deportation cases. Section 19 provides 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 at any time after entry shall be found advocating or teaching tile 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 warrant of the Secretary of Labor. be taken into custody and deported." Aside from the proceedings before the special board of inquiry. provided for in the act of February 5. 1917. and which are not pertinent to the issues here involved. the only other reference in the act relating to procedure which may be coiistrued to refer to procedure in cases like those in controversy is a provision relative to immigrant inspectors. found in section 16 of that act. as follows: " Said inspectors shall have power to administer oaths and to take and consider evidence touching the right of any alien to enter. reenter. pass through. or reside in the United States and where such action may be necessary to make a written record oi such evidence. and any person to whom such oath has been administered. under the proI visions of this act. who shall knowingly or willfully give false evidence or swear to any false statement in any way affecting or in relation to the right (f tiny alien to admission. or readmission to. or to pass through. or to resie in the United States shall be deemed guilty. etc." The further Iprovision Is made that" Any commissioner of Immigration or inspector In charge shall also have power to require by sulipana the attendance and testimony of witnesses before said inspectors and the production of books. papers. and documents touching the right of any alien to enter. reenter. reside In. or pass through the United States. and to that end may Invoke the aid of any court of the United States." But with these as apparently the only provisions of the statute governing the power of tihe Secretary of Labor relative to deportation and the Issuance of warrants therefor. and the power of Immigration inspectors and the proceedings they are authorized to conduct. the Secretary of Labor promulgated a system of regulations and rules governing arrests of aliens for deportation and the hearings upon such arrests. The particular rule bearing upon the questions here involved is rule 22. with Its various subdivisions. We quote such parts of the rule as are pertinent.