OCR Text |
Show IBS' APPEAL TO HKMT Brief Is Filed by Attorney for Goldman and Berk-man Berk-man at Washington. ! ! ! WASHINGTON, Dec. 10. Deportation j of Emma Goldman and Alexander Berk-man Berk-man to "white guard," Russia, would be equivalent to pronouncing death sentence upon them, Harry Weinberger, counsel for the two radicals, asserted in a brief filed today with the supreme court in a final effort to prevent their removal from the United States. The highest court was asked to receive an appeal from the action of Federal Judge Mayer in New York, which dismissed dis-missed an application for habeas corpus writs. Counsel both for the accused and the government were permitted to submit briefs. Weinberger, in his brief, admitted that his clietits were anarchists, but contended there was insufficient evidence to warrant deportation, and charged that the secretary secre-tary of labor "exceeded his jurisdiction and discretion" in issuing deportation orders. Constitutionality of the statutes under which it was issued also was attacked, at-tacked, and at this point counsel said that deportation to the "white guard" country would be equivalent to a death sentence. "Discontent, based on economic basis," the brief said, "are not solved by jails, injunctions or banishments, now called deportations. "As a matter of fact, these Russian aliens, harried and bullied and jailed, are willing to go back to Russia at once if the inhuman blockade against Russia is raised, or even if the doors were opened to allow them to go at their own expense ex-pense to their own country.'' Any action which would delay deportation deporta-tion was opposed in the government's brief, which declared the defendants a menace to society. Should the appeal be I granted, the government asked that bail be refused pending final determination. In granting Weinberger permission to seek an appeal for error, Judge Mayer gave him until 4 p. m. tomorrow to perfect per-fect his writ, and it was believed tiie supreme court would take notice of this in reaching a decision. Refuse to Submit Report. WASHINGTON, Dec. 10. Secretary "Wilson today declined to transmit to the house immigration committee the report re-port of A. W. Parker, formerly of the immigration im-migration service, regarding the administration adminis-tration of Frederic Howe as immigration commissioner at New York. Mr. Wilson said that, because of the confidential nature na-ture of the report, public policy required that it be not made public. Charges had been made before the committee com-mittee that Howe was friendly with dangerous dan-gerous aliens held at New York for deportation. de-portation. Anthony Caminetti, commissioner commis-sioner general of immigration, told the committee today that Howe's resignation from the service wrs not pureiv voluntary. volun-tary. Mr. Caminetti asked for time to consider con-sider a reply to a question why undesirable unde-sirable aliens could not be deported to Germany, Austria and Russia when American trrops were serving in those countries. Figures introduced during the hearing showed that more than 4 no warrants charging anarchy or unlawful destruction destruc-tion of property had been issued within the last forty days. From 1917 to last November 1 , 697 such warrants were is-' is-' sued, resulting in sixty deportations. Many , other deportation cases are pending. No Substantial Defects. Commissioner Caminetti told the committee com-mittee that there were no substantia! (m- (Continue-i on Page 3, Column 3.) IPS)' APPEAL TO j SOKE CC1T! j (Continued From Page Ono.) j ' " , I perfections In the law affecting aliens, pa rt ieularly a na re hist s. ! ! Secretary W ilson personally prom ill - gated the ruling that mere membership in the 1. YY. W. did not constitute a violation vio-lation of V nited Status laws rehit Ing to anarchy and oilier deportable charges, he said. "The T. W. W. constitution Is so skilfully skil-fully worded.' lie declared, ''that the laws (ire not viola ted, although that is not to be construed as meaning that I do not believe so mo I. W. W. officials preach anarchy and kindred doctrines. However, some additional evidence besides mere membership is required before, an 1. W. V. can be arrested and hold for deportation. deporta-tion. "Tile constitution of the so-called Russian Rus-sian I'nlon Workers. however, is so j worded t ha t mere membership In tha I orgunt.a: ion constitutes violation of the laws ami makes the members subject 10 arrest and dr porta t ion." |