"sc5/27/26. DEPORTATION OF ALIEN CRIMINALS, DEFECTIVES, ETC. HOUSE OF REPRESENTATIVES, COMMITTEE ON IMMIGRATION, Thursday, March 25, 1926. The committee met at 10.30 o'clock a. m., Hon. Albert Johnson (chairman) presiding. The CHAIRMAN. The committee will be in order. This meeting was called at the request of the officers of the American Civil Liberties Union, 100 Fifth Avenue, New York City. I have before me a letter from their chairman dated March 16, 1926, saying that the date fixed for this meeting was agreeable to them. Their chairman states he will place in the hands of the committee a memorandum prepared by this organization, not later than this date. This has been handed to the chairman. (See appendix.) The meeting to-day is called in connection with the hearings on H. R. 3774, introduced by Mr. Holaday, a member of this committee, a bill to provide for the deportation of certain aliens. In connection with that bill the committee has been considering H. R. 344, introduced by the chairman, a bill to supplement the naturalization laws, to provide for the deportation of certain aliens, and for other purposes. A subcommittee has made some important amendments to the deportation section of the Holaday bill.1 The two bills relating to the registration of aliens will not be taken up at this time, one of which is H. R. 5583, by Mr. Aswell, of Louisiana, and another by Mr. Sosnowski, of Michigan, H. R. 8194; nor has any date been set for hearings on them. The list of persons attending this hearing, as given to me, is as follows: From the Federal Council of the Churches of Christ in America, New York City: Rev. Samuel McCrea Calvert, general secretary; Rev. Sidney L. Gulick, secretary Commission on International Justice and Good Will; Rev. Alfred W. Anthony, chairman Committee on Friendly Relations between Jews and Christians. From the Social Service Commission, Episcopal Diocese of New York: Rev. Charles K. Gilbert, executive secretary. From the American Civil Liberties Union: Allen S. Olmsted and Francis Fisher Kane, of Philadelphia; Arthur Garfield Hays and Walter Pollak, of New York City; Elisabeth Gilman, Eli Frank, jr., Mrs. W. W. Ford, and Mercer G. Johnston, of Baltimore. From the Delaware League of Woman Voters: Miss Edith Spruance, chairman of legislative committee, Wilmington, Del. From the League for American Citizenship, New York City: Mr. N. Phillips, chairman. From the National Council of Jewish Women: Mrs. M. Lansburgh, legislative committee, Washington, D. C. 1A draft of these sections and of the entire bill, as finally revised appears at the end of this volume.CLERK. 1 The CHAIRMAN (continuing). I have also received a letter dated March 23, from George William Carter, chairman of the general committee of immigrant aid at Ellis Island. It is as follows: THE GENERAL COMMITTEE OF IMMIGRANT AID AT ELLIS ISLAND, Hon. ALBERT JOHNSON, Chairman House Committee on Immigration and Naturalization, House of Representatives, Washington, D. C. MY DEAR MR. JOHNSON: At a meeting of the general committee of immigration aid at Ellis Island, comprised of the organizations indicated on this letterhead, held to-day, it was unanimously voted to protest against the alienation and deportation bills-H. R. 5583, the registration bill by Mr. Aswell, and H. R. 344, a naturalization and deportation bill by Mr. Johnson of Washington. It is desired that this protest shall be before your committee at the hearing, which we understand will be on Thursday, March 25. Very sincerely yours, George Wm. Carter, Chairman. THE CHAIRMAN (continuing). A number of letters, running into many hundreds, favoring these deportation bills, have reached the chairman; also quite a number in opposition. All of these, as well as many newspaper editorials, are on file for the benefit of the members and others. To print all would encumber the record, but if there is no objection I shall place in the hearings a few of the different types of these. Registration is not now under consideration, but some letters and telegrams mention both deportation and registration, and I can not very well separate the subjects. Matters pertaining principally to registration will be left on file, and presented at some future hearing. Letters on this subject, mostly for, run into the hundreds, and some of them will be presented before we close these hearings, or will be added to the record later for the information of the committee. I am told that Allen S. Olmsted, 2d, 2301 Packard Building, Philadelphia, an attorney, will represent the witnesses whose names have been given as present, and will designate the order of their appearance. Are you ready Mr. Olmsted? Mr. OLMSTED. Let me make it clear, that I do not represent them in a professional capacity. I merely volunteered to act as a sort of introducer. The CHAIRMAN. You may proceed. STATEMENT OF ALLEN S. OLMSTED, 2d. Mr. OLMSTED. Mr. Chairman and gentlemen, several of the persons whose names the chairman has read are either ill or otherwise unable to be present. Mr. Hays is occupied by a trial in New York and could not be here. That list includes, I believe, all of the officers of the Civil Liberties Union. Those who speak for the union are, so far as I know, merely members like myself and not officers. The CHAIRMAN. Let me ask you, what is the American Civil Liberties Union? Mr. OLMSTED. It is an organization; I think it is an unincorporated organization, of people interested in preserving the liberties of American citizens and residents in the United States. Mr. FREE. How is it made up? Mr. OLMSTED. I think it is voluntary, that anybody who desires to join may do so. Mr. FREE. Are you connected with any other organizations? The CHAIRMAN. It is affiliated with other organizations? Mr. OLMSTED. Not so far as I know, sir. Mr. FREE. Where are its headquarters? Mr. OLMSTED. 100 Fifth Avenue, New York. The CHAIRMAN. Without objection, the letterhead of the American Civil Liberties Union, showing the officers and affiliated local cammittees, etc., will be placed in the record. It shows that the American Civil Liberties Union is affiliated with local committees, one in Cineinnati, one in Connecticut, one in Detroit, one in Pittsburgh, one in Maryland, and so on. Those are affiliated branches. Mr. OLMSTED. Yes, sir; I did not realize that. I believe we did have a similar committee in Philadelphia. The CHAIRMAN. What is the membership? Mr. OLMSTED. I don't know, sir. The CHAIRMAN. What is the membership in New York City? The CHAIRMAN. How are the officers paid? Mr. OLMSTED. They are paid out of the funds of the Civil Liberties Union, I assume. The CHAIRMAN. How are the funds secured? Mr. OLMSTED. By contribution. The CHAIRMAN. Do they have dues? Mr. OLMSTED. A dollar a year-dollar a year men. The CHAIRMAN. Are you a paid officer? Mr. OLMSTED. I am not; no, sir. The CHAIRMAN. All right. Now, proceed. Mr. SABATH. I ask that the names of the officers and directors be placed in the record. The CHAIRMAN. Without objection, this letter and letterhead bearing the list will be placed in the record. (The letterhead of the American Civil Liberties Union referred to, is as follows:) Free speech; free press; free assemblage. AMERICAN CIVIL LIBERTIES UNION, 100 Fifth Avenue, New York City, March 16, 1926. Officers: Chairman, Harry F. Ward; vice chairman, Duncan McDonald, Jeannette Rankin; treasurer, Helen Phelps Stokes; directors, Roger N. Baldwin, Forrest Bailey; field secretary, Lucille B. Milner; counsel, Wolcott H. Pitkin, Washington representative, Isabelle Kendig. Attorneys and correspondents in leading cities. National committee: Jane Addams, Herbert S. Bigelow, Joseph D. Cannon, Parley P. Christensen, John S. Codman, Lincoln Colcord, Clarence Darrow, Eugene V. Debs, James H. Dillard, James A. Duncan, Robert W. Dunn, John Lovejoy Elliott, Edward W. Evans, Elizabeth Glendower Evans, William M. Fincke, Elizabeth Gurley Flynn, William Z. Foster, Felix Frankfurter, Ernst Freund, Paul J. Furnas, Kate Crane Gartz, Norman Hapgood, Arthur Garfield Hays, Morris Hillquit, John Haynes Holmes, J. A. H. Hopkins, Frederic C. Howe, B. W. Huebsch, James Weldon Johnson, William H. Johnston, David Starr Jordan, Helen Keller, Agnes Brown Leach, Arthur LeSueur, Henry R. Linville, Robert Morss Lovett, Mary E. McDowell, Oscar Maddaus, Anne Martin, James H. Maurer, John D. Moore, Henry R. Mussey, A. J. Muste, Scott Nearing, Walter Nelles, Julia S. O'Connor, Fremont Older, Wm. Pickens, Edward A. Ross, John A. Ryan, John Nevin Sayre, Joseph Schlossberg, Rose Schniederman, Vida D. Scudder, John F. Sinclair, Seymour Stedman, Norman M. Thomas, Edw. D. Tittmann, William S. U'Ren, Oswald Garrison Villard, B. Charney Vladeck, David Wallerstein, Frank P. Walsh, George P. West, Peter Witt, L. Hollingsworth Wood. Affiliated local committees: Cincinnati Civil Liberties Committee, 845 Dayton, Street, Cincinnati, Ohio; Connecticut League for Civil Liberties and Progressive Legislation, 99 Temple Street, New Haven, Conn.; Detroit Civil Liberties Committee, 616 Moffat Building, Detroit, Mich.; Labor Defense and Free Speech Council of Western Pennsylvania, 805 James Street, N. S., Pittsburgh, Pa.; Maryland Civil Liberties Committee, 2308 Mondawnin Avenue, Baltimore, Md.; New England Civil Liberties Committee, 120 High Street, Boston, Mass.; Philadelphia Civil Liberties Committee, 269 South Ninth Street, Philadelphia, Pa.; Seattle Civil Liberties Committee, 508 Garfield Street, Seattle, Wash.; Southern California Branch, A. C. L. U., 506 Tajo Building, Los Angeles, Calif.; Virgin Islands Civil Liberties Committee, P. O. box 66, Frederiksted, St. Croix, Virgin Islands; Youngstown Workers Defense League, 613 Falls Avenue, Youngstown, Ohio. (The letter referred to is as follows:) Congressman ALBERT JOHNSON, House Committee on Immigration and Naturalization, House Office Building, Washington, D. C. DEAR MR. JOHNSON: Thank you for your letter of March 13, confirming the date of Thursday morning, March 25, for the hearing before your committee on the deportation bill. We thank you for this courtesy. As I wrote you in my letter of March 13, the memorandum and brief prepared by this organization will be in your hands before that date. I wonder if it will be possible for us to see in advance a copy of the tentative draft of the revised bill as prepared by the House Committee on Immigration. I note that you say in your letter of March 9 that this draft would not be ready by the 16th, but I assume that it has been put in shape by this time. We would appreciate greatly the courtesy of seeing this before the hearing. Sincerely yours, HARRY F. WARD, Chairman. The CHAIRMAN. Now, you may proceed, Mr. Olmsted. This Mr. OLMSTED. I wish first to read a letter from one of the speakers who hoped to be here but could not come because he was sick. is for Mr. Charles K. Gilbert, executive secretary, Social Service Commission, Episcopal Diocese of New York, 416 Lafayette Street, New York. Mrs. LUCILLE B. MILNER, NEW YORK, March 23, 1926. American Civil Liberties Union, New York City DEAR MRS. MILNER: I find that it is going to be impossible for me to get to Washington for the hearing on the registration and deportation bills. I am disappointed. I do not know that my presence would add anything to the strength of the opposition which you will be presenting, but I have wanted to get our commission on record. If you think it would help and if the opportunity offers, I would be glad if you would state that our Social Service Commission is unanimously opposed both to the Aswell registration bill and the Johnson deportation bill. I might add that this decision is based upon the unanimous recommendation of our legislative committee. Mr. George W. Wickersham states in a note to me regarding these bills that, in his judgment, "they reflect the survival of war psychology, and they are totally at variance with the whole theory of American institutions.” I am inclined to think that some of the members of our commission would favor some measure strengthening the law providing for the deportation of aliens accused of crime. But the Johnson bill would have to be radically modified to meet with our approval. Faithfully yours, CHAS. K. GILBERT. Mr. OLMSTED (continuing). I may state also that Mr. Wickersham voices the general objection that we of the Civil Liberties Union have to this bill, particularly to the provisions for the registration of aliens, for the removal of the five-year limitation, and for the provisions for deportation of aliens accused or shown to have aided others in smuggling or harboring aliens in the country. Mr. FREE. Is that Mr. Wickersham who is attorney for the Mitsu Co., a Japanese organization? Mr. OLMSTED. I do not know his clients, but he is the gentleman who was at one time Attorney General of the United States. Mr. FREE. And now in the employ of a Japanese concern? Mr. OLMSTED. I do not think he is in the employ of anyone, sir. He may have clients who are Japanese, for all I know, and I do not know why he should not. The CHAIRMAN. You have had placed before you the subcommittee print, dated March 24, 1926, showing proposed amendments to the Holaday bill, H. R. 3774, which restores a number of the time limitations on certain of the deportation clauses. That will cure one of your objections. You will notice that in the bill H. R. 3774 nothing is said about registration. That will cure some of your other objections. Mr. OLMSTED. Do I understand, sir, that this subcommittee bill now has the approval of the committee? The CHAIRMAN. No; but it notes progress being made by the committee in an effort to perfect H. R. 3774, which is the one pending before the committee. Mr. OLMSTED. The first person whom I will ask to address the committee is Prof. Ernst Freund, professor of law at the University of Chicago. STATEMENT OF PROF. ERNST FREUND, CHICAGO UNIVERSITY The CHAIRMAN. How long have you been professor of law? Mr. FREUND. Since 1902. The CHAIRMAN. In the Chicago University? Mr. FREUND. Yes. Mr. Chairman, and gentlemen of the committee, I am, I believe, on the board of directors of the Civil Liberties Union, but am not the spokesman at the present time of that organization. I happen to be in Washington as a member of Mr. Hoover's committee on National and State Highway Safety, and that being known, friends asked me whether I would not appear here. I have taken an interest for some time in the measure proposed, to establish a system of registration of aliens.. The CHAIRMAN. We are not debating that to-day. Mr. FREUND. Exactly; and it was only for that purpose that I had intended to come to Washington. I did not know that it intended to amend or revise the deportation measure until a week ago, and the only measure that has been in my hand is the one H. R. 344. I have not seen 3774,but I had a talk yesterday with Mr. Beaman, and I believe I know about some of the changes that have been introduced. Some of the criticism I had in mind I believe has been eliminated and removed. My interest is a double one. I, as was stated, am an officer and director of the Immigrants Protective League of Chicago, an organization established about 15 years ago, and which has always maintained the friendliest relations with the Federal Gov |