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"Behind the red flag marches treason and disorder. No one has stepped forth from beneath the red flag to enlist in the ranks of the loyal boys who have gloriously upheld our democratic freedom upon the battle fields. The great menace of our state and nation is from those who preach the overthrow of our constitutions and laws and disregard for the flag. Freedom of speech is not the right to destroy the constitution or insult the stars and stripes. It is only the right to stand for the democracy.

"There is no common ground on which we can meet or treat with treasonable acts. There is no place in West Virginia or America for disloyalty and anarchy, with their consequent assassination and annihilation of the constitutions and ideals of our nation and state. There is no field of usefulness here, in the hours of reconstruction and Americanization, for mistaken or misguiding leadership of our men of brawn and toil. There shall be no toleration of the inflaming flag, the incendiary torch, the assassinating dagger.

"Let no man falter here. Sooner shall we die in defense of our nation's flag than recede one jot or title from the high ground we have here taken. Today and tomorrow, let us watch lest we forget, lest we forget, the undying valor of American sons, the memory of their service and lives and the honor of the fathers and mothers who gave them to the world for freedom. Our nation and state must rise in might ere their foreign born refugees or their citizens of treason shall tear down our flag and raise the bloody banner of the Bolsheviki and set the flaming torch of anarchy at the foot of our constitutions, destroying the rights and ideals which all worthy labor loyally upholds.

"We stand for one nation, with one constitution and one flag."

Mr. Starcher presented the following communication, which was read by the Clerk and ordered printed in the Journal:

"CHARLESTON, W. Va., February 14, 1919. To the United Mine Workers of America in Special Convention Assembled:

"In pursuance with the request of your committee, we, the undersigned members of the House of Delegates who are card members of labor unions, submit the following in

reply to the question put to us by your convention as to why we supported House Bill No. 104, known as the 'Red Flag Bill.'

"The bill was introduced in the House by Mr. John on January sixteenth (see House Journal, page fifty-six). It was referred to the Judiciary Committee, reported back with the recommendation that it do pass, and it passed the House on January thirtieth, by a vote of eighty-one for and none against the bill. (See House Journal January thirtieth,

page sixteen.)

"The bill was under consideration in the House for fourteen days, during which period not a single representative of organized labor even mentioned the bill to any of us, nor did any other individual.

"It was reported to the Senate on January thirtieth, and passed that body on February tenth, by a vote of twentyeight for and none against the bill. (See Senate Journal, page thirty-three, of that date.)

"The bill was under consideration a period of twenty-five days, and each day organized labor had its paid representatives here to watch legislation and to protest against any measure deemed unfair to our interests. We heard of no opposition to the bill from any source, and we were not approached by anyone until your special convention had been called. All of this time we were standing as a unit in striving to pass progressive legislation. Fifteen labor bills had then been introduced by the so-called labor group of the House.

"This statement of the progress of the bill is made because you are entitled to complete information. It is not made, however, as an excuse for our support of the bill. The title of the bill sets out clearly its purpose. It intends to safeguard our institutions and to protect our ideals and traditions against hostile forces within, who are unfriendly to a republican form of government and to repel foreign invasion, usurpation and invasion of evil influences from without. To this end section one of the bill makes it unlawful to use crime, violence or terrorism in an effort to change the constitution; to overthrow the established order, or to subvert the common rights.

"We do not believe that the bill abridges the right of free speech, or that it locks the lips of thought. It will pro

tect all citizens alike, and follow the trades-union member in his support of the common good. It will only hinder the I. W. W.'s and anarchists. If any effort is made to divert its course, we rely upon the constitution of West Virginia and the United States, both with confidence and security, realizing that no act of the legislature can suspend the organic law. Further, we have endeavored to so conduct ourselves as members of the House so as to win the confidence of the courts and of the people in behalf of organized labor.

"Section two makes it unlawful to display the red flag, the black flag, or any other emblem in preference to the the flag of the Republic, or as an evidence of revolt against government and the constituted authorities. With this sentiment we are in hearty accord. As members of the legis lature we took an oath to support the constitution of the United States and of the state of West Virginia, and to give full allegiance thereto.

"We look upon our form of government as the grandest in its conception; the most perfect in its organization, and the most just in its administration of any form of government in the world. Old Glory' is the emblem of the government. It has no peer in the realm of colors, and no equal as the champion of liberty, fraternity and equality. Its spirit of kinship with struggling peoples is broad enough to embrace world-wide democracy. Sixty thousand of your fellow craftsmen marched proudly under it with two million American soldiers during the war. Thousands of them offered the last supreme sacrifice that the 'Flag of the Free' might wave in triumph. Under its folds they struck down autocracy in the old world, dethroned a Caesar, and laid the foundation for the establishment of universal equity. It will likewise humble autocratic power in whatever form it raises its head in the new world.

"Organized labor is not afraid to trust the people. The American Federation of Labor performed a great task of patriotic duty when it set its face hard against I. W. W.-ism, Bolshevism and those forces of destruction which believe in sabotage' direct action and who seek to destroy the confidence of the people in the government, and would overthrow it if they had the power.

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"We rejoice that the administration at Washington is deporting these advocates of terrorism from the country.

These forces are constantly working to misdirect the labor movement and the man or woman who marches under the 'red flag' is in full sympathy with their program.

"It is our deliberate judgment that we would have made a mistake if we had opposed House Bill No. 104. We would have placed organized labor in an unhappy light, and have reflected on both your loyalty and intelligence by failing to support the measure.

"All of which is submitted from your brother workmen to the calm judgment, undoubted loyalty and wise discretion of the convention.

"Fraternally yours,

G. R. BLIZZARD,

(U. M. W. of A.)

A. F. SHOMO,

(A. M. W. of A.)

O. W. FITCH,

(O. A. of M.)

K. H. STOVER,

(O. R. F. 82)

J. V. COLEMAN,

(U. M. W. of A.)

W. E. STARCHER,

(U. C. T.) ORVILLE HACKNEY,

HARRY A. WEISS,

(A. A. J. S. T. W.)

GEO. B. HENDRICKS,

J. G. O'CONNOR,

(Vice Chairman B. of L. E. General Committee.)

J. R. MILLER,

(Fairmont District No. 472, O. R. C.)

G. T. BANNISTER,

(Division 594, O. R. C.)

E. J. CLEMENTS,

(2681, Ward, W. Va.)

J. Q. MUSSER,

J. W. MOULDS,

(O. R. T., Division 17)."

CHAPTER III

Federal Action in Deportations

One of the most effective means of dealing with aliens resident in this country who urge the violent, forcible or unlawful overthrow of the institutions of this government, or of organized government elsewhere, is deportation. The statutes dealing with this subject are broad and comprehensive, and if properly enforced, deportation is probably the most effective way of dealing with the alien agitator who comes to this country and, without a proper comprehension of our institutions, seeks to impress upon others the idea that our form of government should be overthrown and some other form of government, such as the type illustrated by the Soviet government of Russia, substituted in place thereof. We give at the close of this chapter those portions of the United States Immigration Laws bearing upon deportation which should be read in connection with this chapter.

There has been considerable agitation on the part of liberals, including some well-meaning, but misinformed ministers of the gospel, concerning the right of the United States to order the deportation of undesirable aliens; and though, in the case of these deportations - notably among those on what has been termed the Soviet Ark," the Buford, every right of the deportees was safeguarded, and the provisions of law pertaining to these cases, strictly complied with these misguided critics of the right to deportation would have it appear that the deportees in question were not accorded every right that they were entitled to.

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In the Japanese Immigration case (189 U. S. 86–97), Mr. Justice Harlan, speaking of the laws providing for the deportation of aliens, said:

"The constitutionality of the legislation in question in its general aspects is no longer open to discussion in this court. That Congress may exclude aliens of a particular race from the United States, prescribe the terms and conditions upon which certain classes of aliens may come to this country, establish regulations for sending out of the country such aliens as come here in violation of the law, and commit the enforcements of such provisions, conditions and regulations exclusively to executive officers without judicial intervention are principles firmly established by decisions of this court."

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