ings are now instituted against aliens who are Communists. The application of this law in such cases is predicated upon court decisions, now effective as law, which have held that certain well-known organizations are organizations the principles, beliefs, and activities of which are of such a character as to class members thereof within the purview of the provisions of the above-cited basic act of Congress. The acts above cited, of 1918 and 1920, centered around the anarchistic idea of "opposition to all organized government." On that basis alone Communist or Fascist aliens differ in that while they may be imbued with "opposition to non-Communist government or opposition to non-Fascist governments", they are not "opposed to all organized government." This decided differentiation of the subversive activities dominating "anarchists, Communists, and Fascists" renders necessary the enactment by Congress of a bill of this character in order to enable our Immigration and Naturalization Service to have a statute to guide them in handling the cases of Communists and Fascists.

With regard to Communists, a representative of the Department of Justice stated that "a probable advantage of naming Communists in the present bill is that the burden on the Government of proving the principles and beliefs of the Communist Party or the Communist Internationale in each case will become unnecessary."

With equal force, your committee believes that a probable advantage of naming Fascists in the present bill is that the burden of proving the principles and beliefs of either the Fascist Grand Council or the National Socialist Labor Party in each case will become unnecessary.

In section 2 of this bill, wherein a Communist and Fascist is legislatively defined for exclusion and expulsion purposes under our immigration laws, the definition as embraced in clauses (1), (2), (3), and (4), as found in lines 2 to 9, on page 2 of the bill, now are parts of existing law as apply to Anarchists. However, the provisions of clause (5), as found in lines 10 to the word "doctrine" in line 22, on page 2 of the bill, is new legislation, and contained therein will be found additional definitions of a Communist or Fascist, as follows:

*

A Communist may be any alien who is a member of or affiliated with any organization which, or any alien who, believes in, advises, advocates, or teaches * (5) a doctrine which advocates the overthrow by force or violence of governments, constituted authority, or social order existing in countries not under the control of Communists and the establishment in place thereof of (a) a regime termed "proletarian dictatorship", or (b) a system based on common ownership of property and abolition of private property or social control of all private property: Provided, That the platform, program, and the objectives of the Third Internationale, or the Communist Internationale, shall be held to embrace the said doctrine.

A Fascist may be any alien who is a member of or affiliated with any organization which, or any alien who, believes in, advises, advocates, or teaches * * * (5) a doctrine which advocates the overthrow by force or violence of governments, constituted authority, or social order existing in countries not under the control of Fascists (or Nazis) and the establishment in place thereof of (a) a system termed either "national or state socialism or "totalitarian state", or (b) a system based on common ownership of property and social control of all private property: Provided, That the platform, program, and the objectives of either the Fascist Grand Council" or the "National Socialist Labor Party" shall be held to embrace the said doctrine.

Your committee felt that while drastic language incorporated in these definitions and specific designations of Communists and Fascists is necessary because of the changed character of the subversive

activities as carried on by certain classes of aliens, some legislative protection should be added to this bill as a safeguard for aliens who become the victims of the subtle methods by which these subversive organizations carry on their nefarious activities whereby the fundamental objectives are hidden in secrecy while they prey upon the ignorance, and perhaps distress, of workmen and others whom they seek to enroll as members of their basically subversive organizations. Therefore, your committee added the words found in the last four lines of the reported bill. Here your committee states that "No alien shall be held to be a Communist or Fascist under the provisions of this act if he shall prove that he became a member of such organization on account of fear, duress, compulsion, misrepresentation, or fraud."

This safeguard places the burden upon the alien under investigation to prove the nefarious circumstances that resulted in his affiliation and membership which contributed to his detention for observation under this act by the Immigration and Naturalization Service officials. The introduction of and committee action upon this bill (H. R. 7120) seem to be a proper legislative procedure in sequence to the findings and reports of two House special committees which have conducted extensive investigations into the extent and character of subversive activities in this country by aliens dominated by their alleged principles that the United States should be brought under a system of government or economics at present in control within certain foreign countries. These principles are those which control the alien adherents and territory of the Communists, Fascisti, and Nazi. Reference is made to the report of the special committee of the Seventy-first Congress (H. Rept. No. 2290, 3d sess.) and to the report of the special committee of the Seventy-third Congress (H. Rept. No. 153, 74th Cong., 1st sess.):

It is now quite generally conceded that insofar as the United States territory and Government is concerned our immigration question is a domestic question, and therefore Congress is within its province when it declares that, as such, alien Communists, alien Fascists, and alien anarchists shall be subject to exclusion or deportation from the territory of the United States. Current events and current knowledge concerning subversive activities of these classes of aliens convinces your committee that this bill (H. R. 7120) should be enacted at the earliest possible opportunity.

This bill does not affect any alien who, or the alien members of any organization that, although subscribing to the doctrine of a system of common ownership of property and the abolition of private property or the common ownership of the means of production, abstains from advising, advocating, or expressing belief in the establishment of such a doctrine, or doctrines, in the United States through the use of force and violence or other methods incompatible with our constitutional procedure.

The purpose of this bill, insofar as it affects the status of alien Communists, was covered by a bill heretofore considered favorably by the House of Representatives. The bill (H. R. 12044, of the 72d Cong.) was favorably reported from the Committee on Immigration and Naturalization on May 17, 1932; the House passed the bill, without amendment, as reported from the committee, on June 6, 1932; the Senate Committee on Immigration reported the bill,

without amendment, to the Senate on June 11, 1932. The two favorable reports filed upon that bill were House Report No. 1353, of the Seventy-second Congress, and Senate Report No. 808, of the Seventysecond Congress.

Since this bill (H. R. 7120) is the same as that earlier bill (H. R. 12044, of the 72d Cong.) except for the now superimposed provisions regarding Fascists, which may also be deemed to apply to Nazis. The reports that were then filed to accompany H. R. 12044 are hereafter printed as parts of this report, since most of those reports are equally applicable now.

In compliance with paragraph 2 A, of rule XIII, of the Rules of the House of Representatives, changes in the existing law made by the bill are shown as follows: The existing law in which no change is proposed is shown in roman; new matter is printed in italics..

THE ACT OF OCTOBER 16, 1918, AS AMENDED BY THE ACT OF JUNE 5, 1920 (40 STAT. 1012), AS AMENDED (41 STAT. 1008) (U. S. C., TITLE 8, SEC. 137)

SECTION 1. That the following aliens shall be excluded from admission into the United States:

(a) Aliens who are anarchists or Fascists or Communists.

(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches opposition to all organized government.

(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, (2) 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 (3) the unlawful damage, injury, or destruction of property, or (4) sabotage.

(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter advising, advocating, or teaching opposition to all organized governments, or advising, advocating, or teaching (1) the overthrow by force or violence of the Government of the United States or of all forms of law, (2) 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, or (3) the unlawful damage, injury, or destruction of property, or (4) sabotage. (e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subdivision (d).

For the purpose of this section (1) the giving, loaning, or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine, and (2) the giving, loaning, or promising of money or anything of value to any organization, association, society, or group of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation.

A "Communist" or "Fascist" within the meaning of this Act shall mean any alien who is a member of or affiliated with any organization which, or any alien who, believes in, advises, advocates, or teaches (1) the overthrow by force or violence of the

activities as carried on by certain classes of aliens, some legislative protection should be added to this bill as a safeguard for aliens who become the victims of the subtle methods by which these subversive organizations carry on their nefarious activities whereby the fundamental objectives are hidden in secrecy while they prey upon the ignorance, and perhaps distress, of workmen and others whom they seek to enroll as members of their basically subversive organizations. Therefore, your committee added the words found in the last four lines of the reported bill. Here your committee states that "No alien shall be held to be a Communist or Fascist under the provisions of this act if he shall prove that he became a member of such organization on account of fear, duress, compulsion, misrepresentation, or fraud."

This safeguard places the burden upon the alien under investigation to prove the nefarious circumstances that resulted in his affiliation and membership which contributed to his detention for observation under this act by the Immigration and Naturalization Service officials. The introduction of and committee action upon this bill (H. R. 7120) seem to be a proper legislative procedure in sequence to the findings and reports of two House special committees which have conducted extensive investigations into the extent and character of subversive activities in this country by aliens dominated by their alleged principles that the United States should be brought under a system of government or economics at present in control within certain foreign countries. These principles are those which control the alien adherents and territory of the Communists, Fascisti, and Nazi. Reference is made to the report of the special committee of the Seventy-first Congress (H. Rept. No. 2290, 3d sess.) and to the report of the special committee of the Seventy-third Congress (H. Rept. No. 153, 74th Cong., 1st sess.):

It is now quite generally conceded that insofar as the United States territory and Government is concerned our immigration question is a domestic question, and therefore Congress is within its province when it declares that, as such, alien Communists, alien Fascists, and alien anarchists shall be subject to exclusion or deportation from the territory of the United States. Current events and current knowledge concerning subversive activities of these classes of aliens convinces your committee that this bill (H. R. 7120) should be enacted at the earliest possible opportunity.

This bill does not affect any alien who, or the alien members of any organization that, although subscribing to the doctrine of a system of common ownership of property and the abolition of private property or the common ownership of the means of production, abstains from advising, advocating, or expressing belief in the establishment of such a doctrine, or doctrines, in the United States through the use of force and violence or other methods incompatible with our constitutional procedure.

The purpose of this bill, insofar as it affects the status of alien Communists, was covered by a bill heretofore considered favorably by the House of Representatives. The bill (H. R. 12044, of the 72d Cong.) was favorably reported from the Committee on Immigration and Naturalization on May 17, 1932; the House passed the bill, without amendment, as reported from the committee, on June 6, 1932; the Senate Committee on Immigration reported the bill,

or deported upon some other ground, but not simply because they are Communists. That there is an urgent need for a law that will permit the deportation and exclusion of alien Communists is so apparent that discussion is unnecessary. Section 2 of the bill adds an entirely new subdivision at the end of section 1 of the law, as amended, and this new matter is added in order to define and clarify what classes of aliens may be considered as Communists, and, as such, subject to exclusion and expulsion, and which aliens may be safeguarded from the provisions of this act. This new matter in the bill consists of lines 10 and 11, on page 1, and all on page 2.

The committee experienced considerable difficulty in its efforts to properly define a Communist in such a way that confusion would not result in the proper administration of the law. The committee deemed it necessary to define a Communist. The classical or dictionary definition of a Communist does not conform to the radical and revoluntionary type of an alien Communist which the committee is seeking to exclude and expel from this country.

Therefore, the committee has made it plain that the proposed bill will not affect any alien who merely subscribes to a doctrine which advocates a system based upon common ownership or property and abolition of private property, unless such alien believes in, advises, or advocates the establishment of this system by force or violence. This definition will therefore exempt any organization or alien who, although subscribing to the doctrine of a system of common ownership of property and the abolition of private property or the common ownership of the means of production, does not believe in, advise, or advocate the establishment of this system by force or violence.

The committee felt that the aliens whom this proposed bill will exclude or expel are only such aliens who believe in, advise, advocate, or teach any one of the following things, to wit, (1) the overthrow by force or violance of the Government of the United States; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (3) the unlawful damage, injury, or destruction of property; or (4) sabotage; or (5) a doctrine which advocates the overthrow by force or violence of governments' constituted authority, or social order, existing in countries not under the control of Communists and the establishment in place thereof of (a) a regime termed "proletarian dictatorship" and/or (b) a system based upon common ownership of property and abolition of private property, provided that the platform, program, and/or objectives of the Third International or Communist International shall be held to embrace the said doctrine.

Representatives of the Department of State and the Department of Labor assisted in the preparation of this proposed bill and consulted experts in the framing of the definition of a Communist as contained in said bill. Therefore, this bill has the approval and endorsement of both Departments. The fact that the law does not now make an alien Communist, as such, subject to exclusion and expulsion renders it very difficult for the Government to reach that type of alien Communist that it is highly important to exclude or deport.

The enactment of this proposed bill into law will not only render alien Communists, as such, subject to exclusion and explusion, but it will relieve the Government of much difficult proof that it is now required to make. When this proposed bill becomes a law, it is believed that the courts will take cognizance of the fact and relieve the Government of proof that the Communist Party and its affiliated or subsidiary organizations, and others of a similar nature, in their various programs or platforms, believe in, advise, advocate, or teach the various things specified in section 2 of this act, and as a matter of administration the Secretary of Labor could hold that certain organizations were Communist organizations within the meaning of this act, with the necessary conclusion that members of such organizations come within the meaning of this act, and as such are excludable or deportable.

In reference to other organizations teaching, advising, or adovcating the same thing, and yet whose programs or platforms are not generally known or published, it is believed that the Government will only have to make proof that such organization, or organizations, come within the meaning of this act, and that thereafter such organization, or organizations, will be included within the number of Communist organizations within the meaning of this act, concerning whose teachings or advocacy the courts will take judicial cognizance, and it is apparent that this will greatly simplify the administration of the law and facilitate the exclusion and deportation of such alien Communists as come within the meaning of this act.