Union office after Palmer Raids
Palmer Raids in
"
"Strictly Confidential.
"Geo. E. Kelleher, Esq., Box 3185, Boston, Mass. -- Dear Sir: I have already transmitted to you two briefs prepared in this department upon the Communist Party of America and the Communist Labor Party with instructions that these briefs be carefully examined and studied for the purpose of familiarizing yourself and the agents under your direction with the principles and tactics of these two respective organizations.
"You have submitted to me affidavits upon various individuals connected with these respective organizations, stating that these persons are aliens and members of the organizations referred to. I have transmitted to the Commissioner General of Immigration the affidavits submitted by you with the request that warrants of arrest be issued at once. This action is now being taken by the Bureau of Immigration and warrants of arrest are being prepared and will shortly be forwarded to the immigration inspector of your district.
"Briefly the arrangements which have been made are that the warrants will be forwarded to the immigration inspector who will at once communicate with you and advise you of the names of the persons for whom he has received warrants. You should then place under surveillance, where practicable, the persons mentioned, and at the appointed time you will be advised by me by wire when to take into custody all persons for whom warrants have been issued.
"At the time of the apprehension of these persons every effort should be made by you to definitely establish the fact that the persons arrested are members of either the Communist Party of America or the Communist Labor Party. I have been reliably informed that instructions have been issued from the headquarters of each of these organizations to their members that they are to refuse to answer any questions but to them by any federal officers, and are to destroy all evidence of membership or affiliation with their respective organizations. It is therefore of the utmost importance that you at once make every effort to ascertain the location of all of the books and records of these organizations in your territory and that the same be secured at the time of the arrests. As soon as the subjects are apprehended, you should endeavor to obtain from them, if possible, admissions that they are members of either of these parties, together with any statement concerning their citizenship status. I cannot impress upon you too strongly the necessity of obtaining documentary evidence proving membership.
"Particular efforts should be made to apprehend all of the officers of either of these two parties if they are aliens; the residences of such officers should be searched in every instance for literature, membership cards, records, and correspondence. The meeting rooms should be thoroughly searched and an effort made to locate the charter of the Communist Party of America or the Communist Labor Party, under which the local organization operates, as well as the membership and financial records, which, if not found in the meeting rooms of the organization, will probably be found in the homes of the recording and financial secretaries, respectively. All literature, books, papers, and anything hanging on the walls should be gathered up; the ceilings and partitions should be sounded for hiding places. After obtaining any documentary evidence, the same should be wrapped in packages and marked thereon, the location of the place, and the name of the persons obtaining the evidence, and the contents of each package.
"Violence towards any aliens should be scrupulously avoided. Immediately upon apprehending an alien, he should be thoroughly searched. If found in groups in meeting rooms, they should be lined up against the wall and there searched; particular effort being given to finding the membership book, in which connection the search of the pockets will not be sufficient. In no instance should money or other valuables be taken from the aliens. All documentary evidence taken from an alien should be placed in an individual envelope, provided for the purpose, which envelope should be marked showing the contents contained in the same, whether they were found in the possession of the alien or in his room, and if in the latter the address of the house should be given as well as the name of the alien and the officer who obtained the evidence. A duplicate record should be kept of all evidence thus obtained. At the time of the transfer of the alien to the immigration inspector, you should also turn over to the immigration inspector the original evidence obtained in the particular case, plainly marked so that there may be no complaint by the immigration officers as to the manner in which evidence has been collected by the agents of this bureau.
"I have made mention above that the meeting places and residences of the members should be thoroughly searched. I leave it entirely to your discretion as to the method by which you should gain access to such places. If, due to the local conditions in your territory, you find that it is absolutely necessary for you to obtain a search warrant for such premises, you should communicate with the local authorities a few hours before the time for the arrests is set and request a warrant to search the premises.
"Under no conditions are you to take into your confidence the local police authorities or the state authorities prior to the making of the arrests. It is not the intention nor the desire of this office that American citizens, members of the two organizations, be arrested at this time. If, however, there are taken into custody any American citizens through error, and who are members of the Communist Party of America or the Communist Labor Party, you should immediately refer their cases to the local authorities.
"It may be necessary, in order to successfully make the arrests, that you obtain the assistance of the local authorities at the time of the arrests. This action should not be taken, unless it is absolutely necessary; but I well appreciate that where a large number of arrests are to be made it may be impossible for the same to be made by special agents of this department, in which event you are authorized to request the assistance of the local police authorities. Such assistance should not be requested until a few hours before the time set for the arrests, in order that no 'leak' may occur. It is to be distinctly understood that the arrests made are being made under the direction and supervision of the Department of Justice.
"For your own personal information, I have to advise you that the tentative date fixed for the arrests of the Communists is Friday evening, January 2, 1920. This date may be changed, due to the fact that all of the immigration warrants may not be issued by that time. You will, however, be advised by telegraph as to the exact date and hour when the arrests are to be made. If possible, you should arrange with your under-cover 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.
"On the evening of the arrests this office will be open the entire night, and I desire that you communicate by long distance to Mr. Hoover any matters of vital importance or interest which may arise during the course of the arrests. You will possibly be given from seven (7) o'clock in the evening until seven (7) o'clock in the morning to conclude the arrests and examinations. As pointed out previously, the grounds for deportation in these cases will be based solely upon membership in the Communist Party of America or the Communist Labor Party and for that reason it will not be necessary for you to go in detail into the particular activities of the persons apprehended. It is, however, desirable that wherever possible you should obtain additional evidence upon the individuals, particularly those who are leaders and officers in the local organizations. The immigration inspector will be under instructions to co-operate with you fully, and I likewise desire that you co-operate in the same manner with the immigration inspector at the time of the arrests, as well as following the arrests. At the hearings before the immigration inspector you should render any and all reasonable assistance to the immigration authorities, both in the way of offering your services to them and the services of any of your stenographic force. It is of the utmost necessity that these cases be expedited and disposed of at the earliest possible moment and for that reason stenographic assistance and any assistance necessary should be rendered by you to the immigration inspectors. An excellent spirit of cooperation exists between the Commissioner General of Immigration and this department in
"I desire that the morning following the arrests you should forward to this office by special delivery, marked for the 'Attention of Mr. Hoover's complete list of the names of the persons arrested, with an indication of residence, or organization to which they belong, and whether or not they were included in the original list of warrants. In cases where arrests are made of persons not covered by warrants, you should at once request the local immigration authorities for warrants in all such cases and you should also communicate with this office at the same time. I desire also that the morning following the arrests that you communicate in detail by telegram, 'Attention of Mr. Hoover,' the results of the arrests made, giving the total number of persons of each organization taken into custody, together with a statement of any interesting evidence secured.
"The above cover the general instructions to be followed in these arrests and the same will be supplemented by telegraphic instructions at the proper time.
"Very truly yours,
Frank Burke,
"Assistant Director and Chief."
II. Instructions from Commissioner of Immigration in
"Strictly Confidential. * * *
"Commissioner of Immigration,
"For your confidential information, the Bureau has to state that the Department holds the Communist Party of America to be an organization mere membership in which brings an alien within the purview of the Act of October 16, 1918. Therefore the warrants of arrest which have issued covering aliens of this and the similar (Communist Labor Party) group contain charges pertaining to membership merely. It will accordingly be of prime importance to secure and present, in form and manner to constitute proper and usable evidence when the cases come before the Department for final consideration, evidence of membership in either one or the other of these organizations. However, individual tenets, beliefs and practices should not be overlooked, and where evidence along these lines is uncovered (or along any other line -- such as entry without inspection, etc.), it should be carefully and fully developed, the alien to be placed on notice of the additional charge or charges in the manner stated in paragraph (b) of subdivision 5 of rule 22. The local agents of the Department of Justice will, it is believed, be in a position to furnish your examining officers with evidence of membership in a considerable number of cases. The connection between such evidence and the particular alien concerned should always be established on the record to the fullest extent possible.
"The Communist Labor Party is, in all essential particulars in so far as the Act of October 16, 1918, is concerned, identical with the Communist Party of America. Evidence on both organizations, in the shape of official manifestos, copies of platforms, programs, etc., will be furnished for the enlightenment of the officers who will conduct the examinations as soon as it can be prepared. Pertinent extracts from these will be properly read into the minutes of the hearings, when accorded; this, of course, in the presence of the alien, who should be appropriately questioned with respect thereto.
"All agents of the Department of Justice have been definitely and specifically instructed to co-operate with the officials of the immigration service from the outset to the final conclusion of these cases, and to afford the immigration officers every facility which they may possess to the proper, prompt, efficient, and successful handling of these cases, this even to the extent of loaning stenographic help where required. The courteous, full, and hearty co-operation of all officials of the immigration service with the Department of Justice agents is required in this common service, and should be given without stint. The success of the extensive movement which is being inaugurated in this respect hinges on this.
"For your personal information and for the personal information only of those who must plan with you (for under no consideration must a 'leak' occur due to any officer of this service), you are advised that the Department of Justice is arranging (and has so advised its appropriate field officers) to themselves accomplish the arrest of the aliens covered in the warrants which have issued on the night of January 2, 1920. The aliens will be held on local charges and opportunity afforded that night and the following day for service upon them of the administrative arrest warrants. Where bond, as prescribed in the warrants, is not furnished, the alien will be held in custody -- in an immigration station where available; otherwise, in jail or other appropriate place of detention. The Department of Justice agents will assist in serving the warrants, perfecting detention arrangements, provide you with such evidence as they may possess, etc. They may not conduct the hearings prescribed by section 16, however, and such evidence as they may offer, whether in the shape of sworn statements previously secured by them, or of some other character, should be properly incorporated in the record in the usual manner, viz. by reading to the alien during the course of the hearing and questioning him with respect thereto.
"Not later than noon on the appointed day you should have a properly qualified officer or officers (where more than one can be spared) of your jurisdiction report in person armed with the warrants to be served, to the Department of Justice agent in charge of the district where the alien, or group of aliens, is to be arrested. In the event of a change of date for the general arrests you will be promptly wired to that effect. Under no circumstances should an officer proceed in the matter of the arrests except in co-operation with a Department of Justice representative. To do so would be to invite disaster.
"In the event you find, after carefully considering the matter, that you have not sufficient officers to serve the warrants in the various localities at the proper moment, please immediately wire (or phone if practicable or advisable) the bureau, when an endeavor will be made to meet the emergency by temporarily drawing upon a neighboring district which may not have been called upon to handle a considerable number of such cases.
"The bureau desires that it be promptly advised of the progress of these cases at all stages. The general result of the efforts to serve the warrants and obtain custody of the aliens, together with any other information of possible interest, should be telegraphed to the bureau at the earliest possible moment. as soon as it can be done, a list showing the aliens arrested should be prepared and mailed to it, under special delivery stamp. Additional warrants, where the necessary prima facie showing is made, may be applied for telegraphically or by mail, as the circumstances may seem to warrant, the procedure outlined in the bureau's general telegram of November 10, last, to control.
"The above cover the general instructions to govern the immigration officers in serving the warrants and conducting the hearings in these cases. They will be supplemented, telegraphically or by letter as occasion may seem to require, at the proper time.
"Respectfully, [Signed] A. Caminetti, Commissioner General.
"NOTE. -- Please wire the bureau immediately upon receipt of the warrants, in order that it may know that all is in readiness.
"Publicity must be avoided."
"1. Each person named in the warrant shall be taken into custody.
"2. Upon taking person into custody try to obtain all documentary evidence possible to establish membership in the Communist Party, including membership cards, books, papers, correspondence, etc.
"3. Also try to secure charters, meeting minutes, membership books, due books, membership correspondence, etc., in possession of such person, which may lead to further investigations of members not yet known.
"4. All such evidence secured, as above, to be properly marked and sealed as belonging to such person, with name of arrestee, place where secured, date secured, and by whom secured marked plainly on same.
"5. Person or persons taken into custody not to be permitted to communicate with any outside person until after examination by this office and until permission is given by this office.
"6. Upon making arrest, person in custody to be brought to the place designated by this office for a preliminary examination.
"7. Preliminary examination to be made by agent making arrest on forms provided for that purpose by this office. This form to be followed closely and filled out in detail. The form then to be read to person in custody for him to sign and swear to. If he refuses to swear and sign to same, then agent, in presence of one witness to examination, to sign and swear to same and to have witness do the same.
"8. If a person claims American citizenship, he must produce documentary evidence of same. If native-born, through birth records. If naturalized, through producing for agent copy of naturalization papers. Be sure that these papers are final papers, containing words 'and is hereby admitted to become a citizen of the
"9. In case of any uncertainty as to citizenship or noncitizenship of persons taken into custody, or for any other reason, consult the office.
"10. Absolutely no publicity or information to be given by an agent. All such requests for information to be referred to division superintendent. Also request observance above by assisting officers."
"1. At time of apprehension, every effort must be made to establish definitely the fact that one arrested is a member of either the Communist Party of America or Communist Labor Party.
"2. It is of utmost importance to make effort to ascertain location of all books and records of these organizations, and that same be secured at time of arrest.
"3. Upon making arrests, endeavor to secure admissions as to membership in Communist and Communist Labor Parties, together with any possible documentary proof.
"4. Endeavor apprehend officers of either party if aliens, searching residences for literature, membership cards, records and correspondence.
"5. Search meeting rooms and endeavor to locate charters of Communist or Communist Labor Parties, as well as membership and financial records, which, however, may be found at homes of recording and financial secretaries. Literature, books, papers and anything on the walls should be gathered up, and ceilings and partitions sounded for hiding places. Wrap anything taken and mark the location of place, names of persons obtaining evidence, and contents of each.
"6. Upon apprehension, aliens should be searched thoroughly; if found in groups in meeting rooms, line them up against the wall and there search them. Take anything which tends to establish connection with either Communist or Communist Labor Parties; in other words, only such material referring to these parties, and nothing distinctly personal, such as money and other valuables. Mark envelopes showing contents; whether found in possession of alien or in his room, with address as well as names of those obtaining evidence. Duplicate record of all this should be kept; original evidence obtained in the cases to be turned over to the immigration officers.
"7. Only aliens should be arrested; if American citizens are taken by mistake, their cases should be immediately referred to the local authorities.
"8. Arrest of members covered by warrants to be made Friday at 9 p.m. Only aliens, and connected with Communist and Communist Labor Parties; make preliminary examination as per office memorandum.
"NOTE. -- These instructions are extremely confidential, are issued only for the guidance of authorized agents of this office, are charged to such agents and must be returned to this office upon completion of assignment.
”It was arranged to have at what were called "concentration points" -- generally a police station -- an inspector of the Labor Department; in some cases, apparently having possession of the warrants intended for service in that neighborhood; in other cases, apparently not. It is difficult from the evidence to ascertain what function, if any, was actually performed by these inspectors of the Labor Department. The arrests were in fact made by the representatives of the Department of Justice, assisted by the local police authorities, all of whom acted under the direction of the agents of the Department of Justice. The raids were made on the evening of January 2, 1920, in the following cities and towns: Boston, Chelsea, Brockton, Bridgewater, Norwood, Worcester, Springfield, Chicope, Holyoke, Gardner, Fitchburg, Lowell, Lawrence, Haverhill, all in Massachusetts; Nashua, Manchester, Derry, Portsmouth, Claremont, Lincoln, all in New Hampshire. In some cities several halls were raided. In most communities, homes were invaded.
”Kelleher says that he had operating, practically under his control, for this raid, from 300 to 500 men. This may fairly be assumed to be a moderate estimate. Most of these were agents of the Department of Justice and policemen of the various cities and towns. The plan was to make up a list of the persons intended to be arrested in a particular community; for the police and Department of Justice agents thereupon, generally without warrants, to go about to the halls or homes where these people were, arrest them, and bring them to the concentration point -- commonly a police station. When halls were raided, the occupants were, as required by the instructions, lined up against the wall and searched. Many citizens were gathered into the net in this fashion, and brought to the various police stations. At the concentration points the sifting process went on during the night. Blanks for questionnaires had been prepared, answers to which were sought and generally obtained from the arrested persons. [Copy of questionnaire begins on next page]
”Assistant Superintendent West of the Boston Bureau of Investigation estimates that the total number of persons actually arrested on this raid was approximately 600. This also must be taken to be a moderate estimate. The circumstances under which the raid was carried on make it impossible for him or any other person to know with any approximate accuracy the number of persons arrested. Weighing his evidence in connection with the other testimony adduced before me, I am convinced that a much larger number of people was arrested -- probably from 800 to 1,200.
”Much credible evidence, as, for instance, that from the witness Liberman, bears out this estimate. Liberman testified that, at the close of a publicly advertised mass meeting held at the Finnish Hall in Mulberry street, Worcester, plain clothes agents held up the entire audience of about 200 and asked each one whether he was a citizen or not; that they held those who answered that they were not citizens, taking about 100 to the jail; later during the night all but 16 were released after being booked and answering the typical questionnaire. Steiner's and Ryder's evidence, post, points to the same conclusion.
”The evidence as to the exact number of warrants then in the possession of the agents of the Department of Justice or the inspectors of the Bureau of Labor is somewhat confusing. Apparently, however, 463 warrants had been received in
”After the sifting process at the various concentration points, at which at least one-third to one-half of the total number of persons arrested were discharged after various periods of detention in cells (from a few hours to two or three days), about 440 persons were transported to Deer Island and there locked in cells. A considerable number of citizens arrested were discharged; the evidence is not clear as to whether more than one citizen was actually taken to
Private rooms were searched in omnibus fashion; trunks, bureaus, suit cases, and boxes broken open; books and papers seized. I doubt whether a single search warrant was obtained or applied for. . . It is of some significance that Congress has never armed the Department of Justice with broad powers for the use of search warrants. The only search warrant statute of present significance is found in Espionage Act June 15, 1917. This statute carefully and specifically limits, as our Constitution requires, the use of search warrants. On the doctrine of "inclusio unius exclusio alterius," it prohibits the use of search warrants in cases like the present.
Name, Age, Married, Address, (street), (city).
Where born? (city) (country) date.
Arrival in
Naturalized? (place) (court) (date).
Declarant? (place) (date)
Where employed? (company) (address).
Ever arrested? (where) (date) (cause).
Are you a member of the Communist Party?
If so, to what local, branch, or organization?
When did you become a member?
Have you a membership card?
Do you hold any office in the Communist Party? Office?
Do you contribute financially to the support of the party?
Do you attend the membership meetings of the party?
Do you read its papers and publications? If so, which?
Are you affiliated with any other organizations? Which?
Were you a member of the Socialist Party?
Papers, correspondence, etc., found in possession of above by agent:
I, the undersigned, not a citizen of the United States, on oath depose and say that I have read the above questions and answers, or have had the same read and interpreted to me, and state the same are true:
(Signature of Alien)
Above questions and answers noted by
Witness:
Steiner is a clerk, 35 years of age, a citizen born in Manchester, N.H., and was arrested in No. 885 Washington street, Boston, on the evening of January 2, 1920, where he was in attendance at a committee meeting, there being no public meeting at that hall that night. He describes what occurred as follows:
"The committee members were not all there; so some of us sat down in one of the rear rooms to wait. We were talking, when about 9 o'clock three men came in through the back door, having guns in their hands, and about the same time the front door was thrown open and we saw some of these men there. The men in charge of the raiding party ordered those in the back room brought into the front room, and we were herded up against one side of the room with commands to hold up our hands and to get over there. We held up our hands until a preliminary search for weapons had been made. After that search had been made we were searched; I might mention this, incidentally, that while we were being herded up against the wall one of the men in the room fainted. After the preliminary search for weapons had been made we were searched for other evidence which we might have on our persons, which was placed in envelopes with our names marked on them as described by various witnesses. We were then taken down stairs and crowded into vans."
No questions were asked as to whether those arrested were American citizens. "They simply went ahead and proceeded to do these things. We were jammed into these vans and taken to Station 4. At Station 4 we were lined up in front of the desk and booked." The men who stood them up against the wall and searched them did not say whom they represented. "As I recall it, they were all in civilian clothes. I did not see a man in uniform until we got down to the street, and then we had to pass through a double row of uniformed officers." They were shown no authority whatever for their arrests. "After being booked we were taken into one of the available rooms at Station 4 and brought out one at a time, examined by Department of Justice officers in accordance with the questionnaire that has been spoken of here."
This examination took possibly until after midnight. In the meantime others that had been apprehended at the same place were brought in, perhaps a dozen or 15, some of them American citizens. About 27 in all were taken at
Describing the later occurrences, the witness continued:
"After answering the questionnaire and signing it, which most of us agreed to do, we were taken down stairs and assigned to cells. I with ten others was assigned to one cell. I remained in that cell until the afternoon of the following day, which was Saturday, about half past 4. Four names were called out, and I was one of the four. We were taken up stairs, brought before the clerk or captain or sergeant in charge -- I don't know just what he was -- and we were asked as to our names. We were then handed our property. I didn't know just what that meant, so that I inquired if that meant that we were released, and I was told, 'Yes.' I went home. I didn't hear anything further from the Department of Justice until Monday night. On Monday night an inspector came to my home. * * * He came in and asked me if I was Henry G. Steiner, and I told him that I was. He said that he had received orders to come and get me and to make a search of the house. I said to him, 'I don't know who you are; have you any credentials or warrant?' He displayed his badge and said that was all the warrant he required. * * * It was a gilt badge, and I think it said 'Department of Justice' on it, as near as I could make out. He then proceeded to search; that is, he did ask me where I kept my books, literature of various kinds. I told him he would find everything right out in plain sight in the bookcase. He went to the bookcase and proceeded to search that for anything he thought he could use. He went to a table where I had books and papers of various kinds and went through them. He went up to another rack, another part of the room, and he took what he wanted from that. He pulled open several drawers, but he found they contained other than books or pamphlets, and he finally inquired if that was all I had. I said, 'You will find everything that I have got right there.'
"Q. Did he show you any search warrant? A. He did not.
"Q. Did he ask your permission to look at the property? A. He did not. In fact while I don't know as I explicitly told him not to search, but I did ask him for his credentials or search warrant, and he simply stated that the badge was all the search warrant that he required. I did not argue the matter with him further. He then took me down to the Department of Justice office --
"Q. Did he take anything with him, any of your books? A. Oh, yes; they were all wrapped up in a robe that they had in the auto, about as much as he could carry. He took me down to the Department of Justice offices. We got down there about half past 11, I should judge.
"The Court: At night?
"The witness: At night. We found that everybody had gone home except the cleaners, the porters, so that he left me there a few minutes, and he came back, and said he had found instructions that he did not require me any further that night. So that I went home. The next day they came to my place of business. He again took me to the Department of Justice. * * * The same inspector that had come to the house, came to the offices and told me that I was wanted down at
"Q. This is at your place of business? A. At my place of business. I went there, and I saw a gentleman that I think was Mr. West, and he said that some hitch had developed about my citizenship; that is, they were unable to verify my birth record. So I suggested that possibly they had it recorded under the wrong name; that is, they did not spell the name correctly. And he got
"Q. Is that all? A. That is all."
On cross-examination Steiner said that at No. 885 Washington street was the headquarters of the Communist Party, and he had gone there that night to attend a committee meeting that never took place; that at one time he was the business manager of the "Revolutionary Age," edited by Fraina; that the meeting he was attending that night was a defense committee meeting; that he was absolutely certain that some of the men who came in at the time of the raid had guns in their hands.
In fairness, perhaps, it should be stated that Robert M. Volkenburg, an agent of the Department of Justice called by the government, testified that he was in charge of the raid at
Inspector Ryder's account of the raid in
That he was assigned to
"Q. About how many people did they bring before you for identification?
A. Oh, they were being brought in all night by the police. Nearer 100 than 50, that night and the next day."
"Q. But that night you did not serve a single warrant? A. No.
"Q. Were they all released? A. No.; 18 or 19 were brought to
"Q. And were they examined by the Department of Justice agent on the questionnaire? A. Yes, sir.
"Q. And those who answered that they were members of the Communist Party, were those the ones for whose arrest you applied for warrants? A. Well, I did not take any direct part in that examination. I knew they were examining the aliens. Once in a while I would stroll over and I might butt in and say something. I did not think I had any connection with that.
"Q. Of the men you brought to
"Q. (by the Court). Where did they pick up these people around
"Q. Well, you said they were doing it all night and a part of the next day? A. Yes, sir; the police.
"Q. Did they take these people out of bed and bring them to the police station during the night? A. Why, there was a group of police officials assigned to assist the Department of Justice, and they knew the territory and they were sent out.
"Q. Well, that went on in the evening and all through the late hours of the morning? A. Yes; your honor.
"Q. You stayed there at the station to see if you could fit any of these people to the warrants you had? A. Yes, sir.
"Q. And you did not find a single fit in your case? A. No; I was up stairs and they were brought in and detained down stairs, and a great many would be brought in without my knowledge.
"Q. What did they do with them? Locked them up? A. After a few moments; then each one would be brought up stairs and questioned and let go in many cases.
"Q. In other cases what did they do? A. Held them there.
"Q. Locked them up? A. Yes, your honor.
"Q. About how many did they take and lock up in that fashion? A. Well, not many more than the 18 or 19 that came to
"Q. Well, does that mean 25 or 30 in all, do you think? A. I don't believe there were over 25 locked up.
"Q. Did you have any search warrants down there? A. Not to my knowledge.
"Q. Well, you were in a position where you would have heard of it, if any application had been made for search warrants? A. I think so. I would have heard of it.
"Q. And they went into these homes, took the literature, and whatever they could find that they thought might be evidence, and brought that with the alien to the police station? A. Yes, your honor; the police.
"Q. Well, how many of the Department of Justice agents were down there? A. Two. But they were working about all night in the station. They were interrogating these men.
"Q. You sent the police out to get them and bring them in? A. Yes, your honor."
The witness Minnie Federman was arrested at her home at 6 o'clock in the morning. Several men, showing her no warrant, entered her room where she was in bed. She was told to get out of bed and dress, which she did in a closet. Then she was taken in a police wagon to the police station after they had searched her premises, apparently for I.W.W. literature. When they found that she was a naturalized citizen, she was allowed to go.
In
VIII. Conditions of detention at Deer Island
At
In the early days at
After many days of confusion, the aliens themselves, under the leadership of one or two of the most intelligent and most conversant with English, constituted a committee, and represented to Assistant Commissioner Sullivan, that, if given an opportunity, they would themselves clean up the quarters and arrange for the orderly service of food and the distribution of mail. This offer was wisely accepted, and thereupon the prisoners created a government of their own, called, ironically, I suppose, "The Soviet Republic of Deer
"At the hearings before the immigration inspector you will render all reasonable assistance to the immigration authorities both in the way of offering your services to them and the services of any of your stenographic forces."
This was construed as requiring the Department of Justice agents to be present at the hearings of the aliens before the immigration inspector, practically in many instances undertaking to participate or even give direction to those hearings. These Department of Justice agents were particularly active in producing and putting before the trial tribunal documents and publications claimed to have been obtained under such circumstances as to be evidence against the particular alien. Many of the records show that, after the hearings were practically closed, the Department of Justice agents were given opportunity to present further evidence and to express their opinions as to the conclusion that ought to be reached by the trial inspector.
In dealing with these hearings, it is necessary to consider with care the extraordinary circumstances surrounding the change of rule 22. Just prior to the initiation of this raid, this rule read:
"At the beginning of the hearing under the warrant of arrest 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 he may be represented by counsel."
Under date of December 31, 1919, Commissioner General Caminetti, two days after the date of his confidential letter of instructions to the Boston Commissioner of Immigration setting forth the plan of the proposed raid, issued a circular letter modifying this rule.
"Commissioner of Immigration and Inspectors in Charge: By direction of the Acting Secretary, rule 22, Immigration Rules, is hereby amended, effective immediately, to read as follows:
"'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.'"
The practical result of this changed rule, it is to be observed, was to cut the alien off from any representation by counsel, until the inspector, co-operating with or advised by the agent of the Department of Justice, was of the opinion that the hearing had proceeded "sufficiently in the development of the facts to protect the government's interests." This left these aliens, many of them uneducated and seriously hampered by their inability to understand English, or even the interpreters, many of whom were but meagerly equipped with knowledge of the language and dialects used by these aliens, entirely unprotected from the zealous attempts of the Department of Justice agents to get from them some sort of apparent admission of membership in the Communist or Communist Labor Party. It should not be overlooked that many of these aliens were arrested in boarding houses or halls in which were found large quantities of literature and pamphlets, the origin and ownership of which were necessarily largely matters of guesswork. In cases of doubt, aliens, already frightened by the terroristic methods of their arrest and detention, were, in the absence of counsel, easily led into some kind of admission as to their ownership or knowledge of communistic or so-called seditious literature.
The picture of a non-English-speaking Russian peasant arrested under circumstances such as described above, held for days in jail, then for weeks in the city prison at Deer Island, and then summoned for a so-called "trial" before an inspector, assisted by the Department of Justice agent under stringent instructions emanating from the Department of Justice in Washington to make every possible effort to obtain evidence of the alien's membership in one of the proscribed parties, is not a picture of a sober, dispassionate, "due process of law" attempt to ascertain and report the true facts.
The modification of the rule, by the authority of the Acting Secretary of Labor, continued in force about a month, during which substantially all the hearings at
"Jan. 28.
"Immigration Service,
Abercrombie."
This amendment shows the clear purpose of the Secretary of Labor to have these aliens properly treated, guarding their constitutional rights and insuring the Secretary, as the final tribunal, in having before him, as the basis for the discharge of his important duties, records representing at least a fair, dispassionate, and intelligent attempt to ascertain and report the facts of controlling importance. But it must not be overlooked that this restoration of the old rule came too late to protect the rights of the petitioners in these cases. They had already been tried.
It is difficult to conceive a case in which the right of aliens to be represented by counsel could be more vital. These particular aliens were charged with affiliation with political or economic organizations with the purposes of which most of them had little or no comprehension. As pointed out hereafter, the Communist and the Communist Labor Parties were the result of an internal row or split in the old Socialist Party, and many of the members of the Communist Party and the Communist Labor Party became such automatically. In the minds of many of them there was no change but in name. They supposed they had joined an organization or a political movement which to them represented, dimly and obscurely, sympathy with the forces in
. . . As the hearings before the immigration inspectors progressed, it became evident that the preliminary investigations made before arrests, not, as contemplated by the rules of the Department of Labor, by the experienced inspectors of that Department, but by agents of the Bureau of Investigation of the Department of Justice, were wholly inadequate and unreliable.
Although, as set forth above, the number of persons actually arrested was probably two or three times the number taken or
The manifest result of this lack of evidence adequate on the government's own theory to hold these aliens for deportation was to discredit the activities of the Department of Justice that had promoted this spectacular raid and furnished to Acting Secretary of Labor Abercrombie the evidence upon which the hundreds of warrants used in this district had been issued by him. Accordingly, as the necessity for discharging the great majority of those arrested became increasingly obvious, the pressure to make a record adequate to hold those against whom any evidence whatever could be found increased. As discharges increased, the chances of discharge of the aliens within the realm of reasonable doubt decreased. As the number of aliens available for deportation decreased, pressure upon the trial tribunals to resolve all doubts against those who remained would naturally increase.
I note again that with the inspector at the hearing was an agent of the Department of Justice that had initiated and carried on this great raid, and that the alien had no counsel to represent him until the hearing was practically closed. Under such circumstances, it is not to my mind conceivable that these immigration inspectors could do justice to these ignorant, non-English-speaking, bewildered aliens.
"Q. Are you a member of the Communist Party? A. I am.
"Q. When did you become a member of the Communist Party? A. In the month of September."
This would seem to be conclusive. But after a considerable further cross-examination, Chaika was asked by the Assistant United States Attorney:
"Q. How do you know that you are a member of the Communist Party? A. Because a policeman showed me a membership book in the Communist Party; so I said 'Yes.'
"Q. When did you first learn that you were a member of the Communist Party? A. I didn't know until the first meeting. When the policeman showed me the membership book, he asked me whether that was my name, and I said 'Yes.' Then he said it was my book, and said that book was a membership book in the Communist Party.
"Q. Are you referring now to the hearing at
This evidence, if true, shows the Chaika never knew until the time of his arrest when called upon to answer the questionnaire, that the club that he belonged to in the paper mill plant had been admitted, in form at any rate, to affiliation with the Communist party. The flat previous admission therefore goes for naught.
This evidence is typical of the confusion and doubt that arise when an attempt is made to sift the truth out of the records made of the hearings of these bewildered, terrorized, non-English-speaking aliens before the inspectors and out of their evidence before the court.
Assuming for the purposes of the present point that the Secretary's construction and application of the act to the Communist Party may be held to be correct, I accord with what I understand now to be the view of the Department of Labor, that such membership must be a real membership in or an actual affiliation with the proscribed organization. I do not think that Congress meant to authorize the expulsion of aliens who pass from one organization into another, supposing the change to be a mere change of name, and that by assenting to membership in the new organization they had not really changed their affiliations or political or economic activities. For illustration: When, at meetings of a local of the Socialist Party, notice was given that the local had been expelled or had seceded from the Socialist Party and would thereafter take the name "Communist," and that signatures for membership in the new organization were requisite, nothing more appearing, I could not hold that such new membership, thus created, brings the new members within the purview of the act of Congress. Congress could not have intended to authorize the wholesale deportation of aliens who, accidentally, artificially, or unconsciously, in appearance only, are found to be members of or affiliated with an organization of whose platform and purposes they have no real knowledge.
This principle covers many -- perhaps most -- of these 9 aliens. Apart from the fact that the records in their cases are grounded in unfair hearings and are very unreliable, it is entirely clear that the membership or affiliation of most of these aliens was but artificial and shadowy.
A summary of the evidence of a few of them will suffice to illustrate the basis of the general finding that these records are grounded on proceedings unfair, lacking in due process of law, and unreliable.
The petitioner Adam Musky testified, through an interpreter, that he was arrested at 7 o'clock on the morning of the 2d of January at his home, 87 Endicott street, Worcester, Mass. Five or six men came into the house and began to look through the room, and took everything they wanted, without asking his permission or showing any search warrant or warrant for his arrest; that he was taken to the police station and kept 24 hours, and afterwards questioned on the train. He was taken to
"How did you become a member of the Communist Party?" "I don't know. They said they changed the name, and that's all I know."
That he was a member of the Socialist Party about 9 months and read the newspapers; didn't read the Communist literature; didn't have time. All the difference he understood between the Communist and the Socialist Parties was the difference in name; that he never read the Program and the Manifesto of the Communist Party; did not remember whether he ever read the Manifesto of the Socialist Party or not. He never thought that by becoming a member of the Communist Party he was obligating himself to advocate or seek the overthrow of the government of the
In response to the court's suggestion to find out whether he or any of the other Worcester people had any bombs or guns or dynamite, or other implements or devices of that nature, the witness said he never saw any, never had any, or heard any discussion about getting any such things; that he went to the people's village school in Russia and attended evening school in America three evenings in all; that he reads and writes Russian, but English "very poorly"; that he works in a shoeshop. On cross-examination he said that at the time of his arrest he belonged to the Worcester Local Communists and at one time was secretary of that local, but not at the time of his arrest.
Fred Chaika is one of several Russians taken at
Chaika testified, through an interpreter, that he was arrested in his house at 11 o'clock at night by men who came in and began to search his room for Red books; that they arrested him and handcuffed him, in spite of his protest that he had had a broken wrist. No warrant of search or arrest was shown him. He was simply handcuffed, taken to the clubroom, where there were about 14 more arrested people, and kept there until 6 o'clock in the morning; then, handcuffed in pairs, they were taken to the railroad station; thence to
Considering the record of his hearing with his evidence before me, it is clear that this alien had no conception of being affiliated with any organization committed to the overthrow of the government of the
Koly Honchereoff, arrested in Portsmouth, N.H., had been in this country 8 years, and testified, through an interpreter, that he could read and write English a little, but could read and write Russian. He testified before the court that he never read or understood the principles of either the Socialist or the Communist Party. He was a riveter in the shipyard at
Honchereoff was arrested about 11 o'clock at night in his home with a lot of others and taken to the police station, where the usual questionnaire was presented to him. He testified before the court explicitly that, when asked if he belonged to the Socialist Party, he said, "No." Asked if he belonged to the Communist Party, he said, "No." When asked if he belonged to some union, "Yes; I belong to a union three years." "I said I belong to the union three years; he put it three years in the Communist Party." His questionnaire, made subsequently a part of the record of his hearing, indicates that he admitted that he became a member of the Communist Party on December 11, 1919, but had not a membership card.
Before the court the witness testified that the interpreter did not speak Russian Well; that the inspector showed him a list of names, but he denied that he was a member of the Communist Party, or that he told the inspector that he was a member of the Communist Party.
Anton Harbatuk was another of the
"Why, I got nothing to do against the government, and I have never come to a thought against the government of the
Before the court he testified that he went to this club.
"I had no other place to go to, and then I thought I ought to belong to some organization." "What did they do at that club?" "They learned how to read and write; also arithmetic. * * * It was a room furnished, belonging to the people who worked in the paper mill." For it they paid "sixty cents a month."
Some of the money was used to buy books to teach the people to read English and Russian.
Sedar Serachuk is another of the
"If you want to arrest me, show me your warrant. He showed me his fist, and said, 'This is your warrant,' and continued to search the room."
This alien testified, through an interpreter, that at his hearings before the inspector he understood with difficulty; that at this hearing they showed him newspapers and membership cards which were not his; that he had a membership card in the Socialist Party, but did not have one in the Communist Party.
The record of his hearing before Inspector Ryder shows that he testified that he thought the Communist Party and the Socialist Party were all the same; he had not read the paper called "Communist"; and that when extracts and Manifestoes were read to him he answered that "he never heard of it"; that he did not know anything about their being samples of the teachings of the Communist Party. He believed in organized government; he did not know that the teachings of the Communist Party were against the
"I don't know what it was. A lot of fellows used to go, and so did I. I was approached to buy bonds, and we all bought bonds;" that he knew he "was innocent."
But a card indicating that he had paid three months dues in the Communist Party was apparently held by the inspector as enough to warrant of finding against this alien, and he was ordered deported.
Frank Matchian, of
On cross-examination, he testified that he was the manager of the Lithuanian hall; that the literature received there was taken charge of by him and distributed to the members; that he was an organizer for the Socialist Branch in 1918, and still held the position after he became a Communist.
The record of Matchian's hearing before Inspector Ryder indicates that he paid his dues in the Socialist Party up to November, 1919, at 40 cents a month; that this Socialist Club had received a charter for membership in the Communist Party. When his attention was directed to some of the denunciations of capitalism in the Communist literature, he said that he could not "understand all that." Weighing fairly both his evidence before the court and the record made by the inspector of immigration, it is entirely clear that if, and in so far as, he was a Communist at all, it signified to him a mere change of name, an automatic shifting of the old Socialist Club into a Communist Club; that he had no conscious affiliation with any organization supposed by him to be committed to any program of force or violence.
There are no sufficient differences in the cases of the rest of the 9 now grouped as to warrant detailed statements of the evidence in their cases.
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