are going in our efforts to make industry safer for the men and women upon whose labor industry must depend. Second. Gradually increasing appropriations are necessary to enable the Conciliation Service to develop and expand its functions as the peacemaker of American industry, in which field the service has proved so effective. We need, too, a few specially trained commissioners to handle controversies arising in our basic industries. Third. The United States Employment Service should be made a statutory bureau of the Department of Labor, and provision made through it for Federal supervision of the clearance of labor between the States, and for cooperation with the States in bringing the man and the job together. Fourth. The work of the Children's Bureau should be extended and encouraged, and provision should be made whereby the public generally may have the benefit of the reports and findings of this department coming through that bureau. Fifth. Means should be provided to enable the Secretary of Labor to undertake the tasks placed upon the Women's Bureau by law, and generally demanded. We now face demands far beyond our capacity to meet without increased personnel and facilities. Sixth. Our immigration law is vital in its effects upon the condition of the men and women who work in America. We have taken a step toward selective immigration in that provision of the act of 1924 establishing the partial examination of prospective immigrants at our consular offices abroad. We should go the whole way and make sure that all applicants for admission are qualified before they leave their homes, and that they will fit into our political, economic, and social scheme of things here in America. We should make our quota law applicable to Canada, Mexico, and Central and South America, thus closing the door which now invites the activity of the surreptitious entrant and the smuggler of aliens. We should provide for the admission regardless of quota limitation of farmers and skilled and unskilled laborers needed in the United States when labor of like kind can not be found unemployed in this country, when no strike or lockout exists or impends in the industry which needs such labor. To balance this the President of the United States should be authorized to prohibit all, or further limit, immigration whenever the Secretary of Labor and the Secretary of Commerce shall find that unemployment in this country makes such a suspension desirable. We should proceed at once to humanize our immigration laws wherever that is possible. Our laws should not operate to keep members of families apart. The 1924 act makes such provision for the wife and unmarried children under 18 years of any citizen, but I would extend it to include the dependent father and mother of such a citizen. Furthermore, within the quota I would give first preference for admission to the families of aliens who have declared their intention to become citizens. After this provision I would establish the following order of preference: Immigrants who served in the military forces of the United States during the World War; skilled laborers; all other laborers, including domestic servants. In the last two classes we could provide within the quotas for the normal man power which our industry may need to draw from foreign sources. Seventh. We need a complete revision and codification of our naturalization laws. It is of vital importance that we provide the means to enable the foreigner who comes among us to gain an intelligent understanding of our language, our ideals, and our institutions. At present the Federal Government makes no such provision. The alien, unfamiliar with American customs, and usually unable even to speak our language, is left wholly to his own resources immediately upon his admission to our country. It is small wonder that he may in some cases fall an easy victim to those who would exploit him, or to those who preach economic, political, and social heresies subversive of our whole system of government. Unrest and dissatisfaction are bred of ignorance, and we owe to America and to the alien the duty of eliminating that ignorance. To do this I would provide for the annual enrollment of our alien population, and through this enrollment I would provide the means of educating every alien in American customs, our language, our ideals, and our institutions. The alien who comes here seeking the best that America can give him, and seeking to give America the best that lies in him, will welcome an opportunity to learn our language and our civic methods and ideals. It is true that this enrollment plan would enable us to know the alien who is here in violation of our laws, who has been smuggled into this country, and the alien who is here to preach the downfall of all law and order. We should know them. This plan is probably the only available means of putting an end to the scandalous bootlegging of aliens through our seaports and over our land borders. It will arouse no antagonism or fear among the aliens here for legitimate purposes; no others should be here. In making these recommendations I seek the welfare of the men and women who work in America, whether they be native or alien born. I am of alien birth myself, and for many years I lived among the aliens of our mines, mills, and factories. I put forward these proposals firm in the belief that they will make for better workers in America and a better America to work in. Conviction of Ruthenberg for Criminal Syndicalism Upheld by Supreme Court of Michigan People v. Ruthenberg. (Supreme Court, Michigan, December 10, 1924.) Charles E. Ruthenberg, member of the Central Executive Committee of the Communist Party of America, was tried and convicted under the criminal syndicalism statute of Michigan for participating in the convention of the Communist Party of America at Bridgman, Berrien County, Michigan, in August, 1922. He appealed from the conviction. The conviction was affirmed. In the opinion filed by the Supreme Court of Michigan, the Court described the circumstances surrounding the gathering at which the defendant was arrested: "A national delegate convention of the Communist Party of America was called by the Central Executive Committee of the party to meet at Bridgman, Berrien County, this state, in August, 1922. Delegates to the convention were not informed of the place of meeting, but under direction proceeded from city to city toward Bridgman and were finally steered there. Near Bridgman, an isolated hotel and cottages furnished accommodations for the seventy-five persons attending the convention and a natural amphitheatre amid the woods afforded a place for sessions. Every person attending had a party or assumed name. No communication with the outside world was permitted. Each participant in the convention was assigned a number and given a large manilla portfolio in which to place all papers and documents at the close of each day, to be taken up by the 'grounds committee' for safe keeping. Defendant's party name was 'Damon' and his portfolio was number 50. These portfolios were deposited each night, by the committee, in two barrels, sunk in the ground at a distance from the hotel and covered with sand, leaves and sticks. Regulations of the 'grounds committee' provided: 'No incriminating literature or document shall be kept in baggage or in rooms. All such matter must be turned over to the committee every evening. The grounds committee must arrange for the safe keeping of this matter.' "A central wash tub in which to burn incriminating papers was also maintained. "Convention sessions were held. Defendant, as a member of the Central Executive Committee of the Communist Party of America, by virtue of his office, attended the convention as a fraternal delegate with the right to address, and did address the convention. One duly elected delegate in attendance was a special employee of the United States Department of Justice, Bureau of Investigation. A delegate from the Comintern (Communist or Third International) Moscow, Russia, was present, and a delegate from the Hungarian federation and another from the Red Trade International at Moscow were present and participated in the convention. Defendant reached the convention on August 15th and remained there until arrest on August 22nd. "Federal officers, investigating activities of communists, traced down the convention place, recognized certain communists in attendance, and laid the matter before the sheriff of Berrien County. The communists in attendance recognized the federal officers and laid plans to disperse, with right to foreigners to go first, and many of the delegates hurriedly left. The sheriff, with a number of deputies and the federal officers, visited the convention place one morning and arrested defendant and sixteen others, without warrants for arrest or search, seized their baggage, and took them to the county jail. The sheriff then learned of the depository of the grounds committee and made search, found the barrels and seized their contents." The criminal syndicalism statute defines criminal syndicalism as the doctrine advocating crime, sabotage, and violence as a means of accomplishing industrial or political reform and it penalizes the advocacy of this doctrine by written or spoken word or by the distribution of literature advocating the doctrine or by organizing, assembling with, or joining an association of, those who advocate the doctrine. It was contended that this statute violated the right of peaceable assembly. Holding otherwise, the Court said: "Does this statute contravene the right of the people to peaceably assemble? To so hold would require us to say that it is violative of the Constitution to make it a crime for one, in sympathy with and on his own volition to join in an assemblage of persons formed to teach or advocate crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political reform. We cannot make any such holding." It was contended that the statute amounted to a denial of freedom of speech, the Court held otherwise saying: "Does the statute prevent freedom of speech? This statute reaches an abuse of the right to freely speak, write and publish sentiments, and is squarely within the accountability allowed to be exacted, in the very provision invoked. This statute does not restrain or abridge liberty of speech." It was contended that the statute was too vague and uncertain especially in its use of the words "sabotage" and "violence." The Court held that the statute was not vague or uncertain and that the meanings of sabotage and violence were well defined and well known. The Court said: "The legislature may, to safeguard security of persons and property, denounce as criminal, specified acts inimical thereto, and make guilt of an offender rest upon his voluntary act, without any felonious intent. This statute involves no felonious intent. It does involve voluntary action, its denunciation of assembling with a society, group or assembly, formed to teach the doctrines of criminal syndicalism, is dependent upon whether the act of joining is voluntary or not. Το act voluntarily involves election to so act, and election to be such requires knowledge that the assembly one makes choice to join and to participate in the purposes thereof, was formed to teach or advocate criminal syndicalism. But this does not constitute felonious intent, to be denounced in the statute or averred in the information. * * * “It is claimed the provisions of the statute do not fix an ascertainable standard of guilt and are not adequate to inform persons, accused of violation thereof, of the nature and cause of accusation against them. It is said in support of this that, the term 'sabotage' is subject to a variety of innocent meanings, and the term 'violence' is not necessarily limited to physicial or criminal violence. The naivete of this should make a communist smile. One need read but little to discover that the terms sabotage and violence mean with reference to industrial or political agenda advocated by radicals. The term sabotage is so well understood by communists as to be employed in the Theses and Resolutions adopted at the Third World Congress of the Communist International without any explanation to exclude possible innocent meaning. Dictionaries have explained the meaning of sabotage for many years. Sabotage has had a well understood meaning ever since French industrial workers threw their sabots, or wooden shoes, into machinery. It signifies a wilful act of destruction and has so been understood by writers for many years. Non-criminal sabotage, such as loafing on the job, of course, does not fall within the act. The legislature evidently intended to denounce the 'revolutionary notion' of sabotage, as mentioned by Austin Lewis in the 'Militant Proletariat' (1911): "Sabotage appears as a disagreeable incident in a revoluntionary campaign, unjustifiable under conditions which exclude the revolutionary notion but perfectly justifiable in terms of the revolution.' "In Law, the term 'violence' means the unlawful exercise of physical force, or intimidation by its exhibition and threat of employment. The meaning of the term is not uncertain." The defendant protested against the admission of evidence of papers taken from his suitcase at the time of his arrest without warrant. Holding this admissable by well established principles, the Court said: "Defendant, by motion before trial, asked the court to suppress the evidence found in his suitcase, on the ground of illegal seizure. This motion was denied. The record discloses that the sheriff of Berrien county had information imparted to him by persons having personal knowledge of the facts, that members of the Communist party were then committing the felony of criminal syndicalism near Bridgman, and he proceeded to that place and arrested defendant and others, and after arrest, seized defendant's suitcase and the baggage of the others, all of which was on the ground in the open. Defendant claims this was a violation of his constitutional right against search and seizure. We have lately had occasion to discuss every phase of the law of search and seizure and it is unnecessary to take the subject up at length at this time. The papers defendant asked to have suppressed bore a direct relation to the cause for his arrest and it violated no constitutional right of defendant, after arrest, to seize his suitcase standing in plain view. Such seizure was a lawful incident of the arrest.” The defendant endeavored to show that he attended the convention of the Communist Party of America to convert it and its followers to lawful ways. He protested against being bound by the declared purposes of the party. The Court holding that his acts were properly judged by the declared purposes of the Communist Party, said: "That defendant voluntarily assembled with the other delegates at the Bridgman convention as a communist leader, factor and paid official is placed beyond question. Defendant, as a member of the Communist Party of America, section of the Communist International of Moscow, Russia, was re-elected a member of the Central Executive Committee at the Bridgman convention. The national convention at Bridgman was called by the Central Executive Committee, of which committee defendant was a member. He attended the Bridgman convention as a fraternal delegate, by virtue of his office, with right to address, and did address the convention. He was a voluntary vassal of the Third International and, as such, was on the errand of carrying out its policies, furthering its doctrines and advocating its tactics. So found, so bound, so working and assembling with others formed as a group or society to teach the doctrines and tactics of the Communist Party he is to be judged by the declared policies, fixed doctrines and commanded tactics of the Communist Party of America, section of the Communist International. To avoid being held to the doctrines and tactics of the Communist Party, defendant claims that, on August 6, 1922, the Central Executive Committee of the Communist Party adopted a program to be submitted to the Bridgman conventions, under which the Communist Party should merge into the Workers' Party (launched December 25, 1921), change the Workers' Party into an open Communist Party and carry on all of its propaganda and work as an open Communist Party in the United States, and that, this claimed scheme to liquidate the underground or illegal Communist Party was under consideration at Bridgman, but was cut short by the safety first hegira occasioned by sight of the federal officers." In support of this holding the Court set forth much evi dence from the literature of the party, which was as fol lows: "Defendant was permitted to lay before the jury the proposed program of the Workers Party he had with him at Bridgman. This proposed program as was intended, dovetailed with the illegal purposes of the Communist Party. It declared: "The capitalist state, that is, the existing Government, municipal, state and national is the organized power of the capitalist class for suppression of the demands of the exploited and oppressed workers.' "It stated: ""The class struggle must take the form of a political struggle, a struggle for control of the government.' "But this was so transparently buncombe as to mislead no one. It declared: ""The much talked of (American Democracy) is a fraud. Such formal democracy as is written into the Constitution and laws of the country is camouflage to hide the real character of the rule of the capitalist.' "It also declared the futility of accomplishing their ends through political action and mapped the following scheme: ""The Workers' Party will also nominate its candidates and enter into the election campaigns to expose the fraudulent character of capitalist democracy and carry on the propaganda for the Soviets.' "It must be understood, in considering this program, that the authors thereof make no distinction between capitalist, capitalism and the American form of government. "The program also stated: ""The Workers' Party declares one of its chief immediate tasks to be to inspire in the Labor Unions a revolutionary purpose and to unite them in a mass movement of uncompromising struggle against capitalism.' "It declared its support of the Red Labor International. It also stated: ""The aim of the Workers' Party in participating in the elections, in revolutionizing the unions and its work to unite the industrial worker, farm laborer, working farmer and negro is to build a United Front of the whole exploited class and to make its direct, mass power a factor in the class struggle.' the experience of their struggles that the strongest weapon the capitalists use against them is the power of the government. The mass struggle of the workers will teach them the same lesson, and from these experiences the mass struggles of the workers will become struggles directed toward the end of wresting the governmental power from the hands of the capitalist and establishing the Workers Republic.' "It proposed to destroy the government: ""The Workers Party will carry on propaganda to bring to the workers an understanding of the necessity of supplanting the existing capitalist government with a Soviet Government. *** The Soviet Government of the workers, will, because of the same necessity-the necessity of suppressing the capitalist-be a dictatorship of the work ers. "The Goal of the Proletarian Dictatorship. It will be the task of the government of the thirty million workers of this country to take from the capitalist the control and ownership of the raw materials and machinery of production upon which the workers are dependent for their life, liberty and happiness and to establish communist ownership. Together with this communist ownership the WORKERS' GOVERNMENT will, as quickly as possible develop the management of industries by the workThe workers of Russia have been obliged to fight against the whole capitalist world in order to maintain their Soviet Government and to win the opportunity of rebuilding their system of production on a communist basis. In this struggle they have had the support of the enlightened workers in every country. The future struggles against capitalism will take the same character. In order to win the final victory in the struggle against world capitalism the working class of the world must be united under one leadership. *** ers. ""The leadership in the international struggles which inspires hope in the hearts of the workers of the world. and arouses fear in the capitalist of every country is the leadership of the Communist International. The Workers' Party declare itself in sympathy with the principles of the Communist International and enters the struggle against American capitalist, the most powerful of the national "The unlawful intended purpose of such mass power groups, under the leadership of the Communist Internawas stated: tional.' "If during the present strike of the coal miners, the "The agenda of the national convention of the Workers railroad shopmen and textile workers, the whole working Party of America, set to be held at Chicago, August 28, class had united in mass meeting and mass demonstration 1922, immediately following the convention of the Comagainst the use of courts and soldiers in the strike, they munist Party of America at Bridgman, outlined the procould have through such mass pressure compelled the gov- posed progress containing the declaration of principles of ernment to withdraw the troops and recall the injunctions.' the Number Two, or so-called legal party. It provided: "It predicted: ""The red thread of the document must be the idea and ““The miners and railroad shopmen are learning from practice of the class struggle. In this connection mass ac tions must be dealt with. This part must be American. *** The political part must lead up to the climax of the 'dictatorship of the proletariat.' "The defendant would have us entertain the opinion that, he attended the Bridgman convention to turn the Communist Party from its illegal activities and constitute it, through merger with the Workers Party, an open or legal party. We entertain no such opinion. Neither did the jury. We will point out why. The program ought to be enough but we will go back of that. The question of whether there should be an open or legal party in connection with the underground or illegal party was under discussion for some time and led to so much disagreement that the subject was taken to the Communist International at Moscow, and that body sanctioned a legal party as an open expression of the illegal party. This was for propaganda purposes only. At a meeting of the Central Executive Committee in New York, July 26, 1922, at which defendant was present and participated as a member, a committee was appointed to recommend to the Bridgman convention an adjustment of the disturbing question of an open party and its relation to the underground or illegal party. Resolutions of the adjustment committee on the subject were presented at the Bridgman convention and adopted unanimously. The underground or illegal party is known in the party councils as Number One, and the open party as Number Two. The resolutions of the adjustment committee, so adopted, provided under the head of 'liquidation': ""1. The illegal Communist Party must continue to exist and must continue to direct the whole Communist work. and the fighting proletariat come in open conflict with bourgeois justice and the organs of bourgeois state apparatus.' "The resolution so adopted mapped the program of the Number Two party as follows: 66 "The program of the No. 2 must be short: A. manifesto which in short concise sentences not in the form of a narrative or syllogism, contains the declaration of principles. "2. The red thread of the program is the idea and the practice of the class struggle. In this connection massactions should be dealt with. This part must be American; it must deal with partial struggles of the AMERICAN masses as well as with the general struggle of the thirty million American workers. In this portion must be stated the basic elements out of which our trade union tactics is developed. The fundamentals of the United Front should be here expressed. "3. The political part must lead up to the climax of the proletarian dictatorship. This formula appears in contradistinction to the dictatorship of the capitalists. American democracy must be analyzed. Rule of the thirty million for the overthrow of capitalism as against rule of Wall Street for the conservation of exploitation. Soviet rule as the historic form of a proletarian regime in the transformation period. ""4. Imperialism and war. ""5. One or two sentences must be inserted in a fit place dealing with the yellows and reformists and against the policy of compromise.' "J. Lovestone, national secretary of the Communist Party of America, was present and participated in the "2. The open work in all forms and especially in Bridgman convention and his testimony, relative to the Number Two is the main task of the party. "‘3. A legal C. P. (Communist Party) is now impossible. Should conditions change only a convention can change the party's policy.' "Under the head of 'relations of Number One and Number Two,' the resolution so adopted at Bridgman declared: "According to the Thesis of the second World Congress of the Communist International, the role of the Communist Party in the Proletarian Revolution is: "The Communist Party is the organized political lever by means of which more advanced part of the working class leads all the proletarian and semi-proletarian mass. ""2. The Communist Party in its revolutionary outlook, does in no country feel itself bound by the existing laws forced upon it by the bourgeois class state; not only in the historic revolution which it strives to bring about and which naturally cannot be carried out legally, but also in its activity in the period of preparation does the C. P. purpose of the open party, is illuminating. He testified: ""When I helped write the Workers Party program we wrote it for the Communist movement in this country; we wrote it as the program of the Workers Party and of the Communist Party. *** ""The Communist Party of America was known in the code of the party as organization No. 1. The Workers Party as No. 2. *** The No. 2 organization was termed in our literature the legal branch of the Communist Party. It was the legal political party in which communist members were supposed to belong. Up to the time of the Bridgman convention there existed an underground party, known as No. 1, and an open party known as No. 2sometimes referred to as the illegal party and the legal party; but the official name was the underground party and the open party.' "'Q. And the underground party was supposed to have controlled the management of the open party, was it not? "A. Through its membership in the open party, the |