also House Judiciary Report submitting Graham Bill, H. R. Report No. 542, 66th Cong., 2d Sess.; also Reports listed under Deportations.

66

66

Among articles in periodicals on these bills and the "red hysteria," are: Frank I. Cobb, “The Press and Public Opinion," 21 New Republic 144 (December 31, 1919); Z. Chafee, Jr., Legislation Against Anarchy (Overman Bill), 19 ibid. 379 (July 23, 1919); A New Alien and Sedition Law," 20 ibid. 366 (November 26, 1919); Swinburne Hale, “The Force and Violence' Joker," 21 ibid. 231 (January 21, 1920); "The Red Hysteria" (Harvard Liberal Club Dinner), 21 ibid. 249 (January 28); William Hard, Perhaps the Turn of the Tide" (House Rules hearings on Graham Bill), 21 ibid. 313 (February 11); "What Is Attorney General Palmer Doing?" (circular letter by him), 110 Nation 190 (February 14); "The Issue of Free Speech," 1 Review 634 (December 6, 1919); "Mock-Hysteria," 2 Review 43 (January 17, 1920); "What Shall We Do with the Direct Actionist?", 89 Cent. L. J. 313 (1919); Walter Lippman and Z. Chafee, Jr., “Free Speech and Free Press as Factors in International Affairs," League of Free Nations Bulletin, March, 1920.

State Sedition and Syndicalism Laws:

"Criminal Syndicalism," 20 Colum. L. Rev. 232 (1920); letter in 110 Nation 202 (February 14, 1920). California, Perry L. Edwards, "Criminal Syndicalism-Back-firing Against Industrial Unrest by the Legislature of California," 89 Cent. L. J. 336 (1919); "The Conviction of Anita Whitney," Clare Shipman, 110 Nation 365 (March 20, 1920). Connecticut, "The Most Brainiest Man,'" 110 ibid. 510 (April 17). Massachusetts, Z. Chafee, Jr., "Warns of Anti-Anarchy Bill," Boston Sunday Advertiser, April 13, 1919. New Jersey, H. E. Cory, “The Intellectuals and the Wage Workers," N. Y., 1919 (p. 208 on Boyd case). New York, Swinburne Hale, “Criminal Anarchy," 21 New Republic 270 (January 28, 1920); [McAdoo decision against Gitlow and Larkin], House Judiciary Hearings, p. 155; A. Giovannitti, “Commercialism on Trial," Liberator, March, 1920 (Gitlow trial). Oregon, "American by Decree" (foreign language press), 22 New Republic 262 (April 28, 1920).

See U. S. official reports, supra, and Appendix V, infra.

Industrial Workers of the World:

There are two studies by scholars. Paul Frederick Brissenden: The I.W.W.: A Study of American Syndicalism. Colum. Univ. Studies in History, etc., vol. 83, 2d ed., N. Y., 1920. Carleton H. Parker: "The I.W.W.," Atlantic Monthly, 651 (November, 1917), reprinted in his The Casual Laborer and Other Essays, N. Y., 1920.

For the Chicago trial, see U. S., v. W. D. Haywood et al. Bull. Dept. Just., No. 175; Evidence and Cross-Examination of W. D. Haywood [in same]; Evidence and Cross-Examination of J. T. (Red) Doran [in same]; Indictment [in same], I.W.W. Pub. Bureau, Chicago.; "The Truth about the I.W.W.", Natl. Civil Liberties Bureau, N. Y.; "The Persecution of the Radical Labor Movement in the United States." N. Y. Defense Committee of the I.W.W., N. Y.

The Sacramento trial is discussed in "Ol' Rags and Bottles," 108 Nation 114 (January 25, 1919); American Labor Year-Book, 1919-20, 100 and 107, has accounts of Chicago and Sacramento trials.

For the Washington situation, see [Washington Injunction Against Membership in the I.W.W.], 109 Nation 843 (January 3, 1920);

Jerrold Owen: "Centralia," American Legion Weekly, December 12, 1919; Anna Louise Strong, "Centralia: An Unfinished Story," 110 Nation 508 (April 17, 1920); E. M., "Centralia," 22 New Republic 217 (April 14, 1920). Ole Hanson, Americanism vs. Bolshevism.

Deportation of Aliens (Chapter V):

The best review of the procedure is by Assistant Secretary of Labor Louis F. Post, "Administrative Decisions in Connection with Immigration," 10 Am. Pol. Sci. Rev. 251 (1916). Recent legal articles: Howard L. Bevis, "The Deportation of Aliens," 62 U. of Pa. L. Rev. 97 (1920); “Deportation of Seditious Aliens," 23 Law Notes (N. Y.) 64 (1919); "Deportation of Aliens who Advocate the Overthrow of Government by Force," 89 Cent. L. J. 369 (1919). John Lord O'Brian, "The Menace of Administrative Law," address to Maryland Bar Association; June, 1920.

Original sources: The administrative hearings are largely buried in the files of the immigration officials. A few cases are extracted in Charles Recht, "American Deportation and Exclusion Laws," League for Democratic Control, Boston, 1919, and "The Anarchist Deportations," 21 New Republic, 96 (December 24, 1919). The whole procedure in the Communist raids is exhaustively shown by the record in Katzeff v. Skeffington (Colyer case) in the United States District Court in Boston. The Federal Reporter contains several recent decisions on the deportation of radicals. The decision of Secretary of Labor Wilson on the Communist Party is in House Judiciary Hearings (p. 17), which also gives the platform, manifesto, etc., of this and the Communist Labor Party. Much of the same material with a history of the creation of the two parties is also accessible in American Labor Year-Book, 1919-20. Part of the decision of Assistant Secretary Post on the raid cases is in "On Behalf of Louis F. Post," 22 New Republic 264 (April 28, 1920). The most valuable document in the raids is Judge Anderson's decision in the Colyer case, in the Federal Reporter, 265 Fed. 17.

The history of left-wing Socialism is also narrated by an impartial observer, Gordon S. Watkins, "The Present Status of Socialism in the United States," 124 Atlantic 821 (December, 1919); and in H. W. Laidler, "Socialism in Thought and Action."

Congressional reports of especial value, 66th Congress, 2d Session, 1920: (1) Three pamphlets of Hearings before a Subcommittee of the House Committee on Immigration and Naturalization, "Communist and Anarchist Deportation Cases," "I.W.W. Deportation Cases," "Communist Labor Party Deportation Cases," all cited herein as House Immigration Hearings. These contain many administrative decisions, but not the complete records. (2) "Investigation of Administration of Louis F. Post, Assistant Secretary of Labor, in the Matter of Deportation of Aliens, Hearings before the Committee on Rules, etc., on H. Res. 522," 2 parts; cited herein as Post Deportations Testimony. (3) "Attorney General A. Mitchell Palmer on charges made against the Department of Justice by Louis F. Post and others, Hearings before the Committee on Rules, etc.,” Part I; cited herein as Palmer Deportations Testimony.

Much important testimony from the Colyer case, including the official instructions, is in the pamphlet, "To the American People. Report upon the Illegal Practices of the United States Department of Justice," by 12 lawyers, National Popular Government League, Washington, May, 1920; cited herein as Illegal Practices.

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Popular articles on the "Buford" and the January raids are: "The Deportation," 1 Review 695 (December 27, 1919); "The Raid on the Reds," 2 Review 22 (January 10, 1920); "Deporting a Political Party," 21 New Republic 186 (January 14, 1920). Ernst Freund, “Burning Heretics," 21 ibid. 266 (January 28, 1920); A Federal Judge Speaks Up" (Bourquin, J., in Re Jackson), 22 ibid. 135 (March 31); "Deportations and the Law," 110 Nation 131 (January 31); F. R. Barkley, "Jailing Radicals in Detroit," 110 ibid. 136; F. Č. Howe, "Lynch Law and the Immigrant Alien," 110 ibid. 194 (February 14); Another Man Without a Country," 110 ibid. 289 (March 6); Lincoln Colcord, "Martens and Our Foreign Policy" (correspondence of Secretary Wilson and John E. Milholland), 110 ibid. 324 (March 13); Winthrop D. Lane, "The Buford Widows," 43 Survey 391 (January 10); "Aliens and Sedition in the New Year," 43 ibid. 422 (January 13); Sidney Howard, "The Colyer Trial Opens," 44 Survey 105 (April 17). See, also, some of the articles on the red hysteria, etc.

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Accounts of the New England raids from the point of view of the aliens are, "The Soviet of Deer Island, Boston Harbor, JanuaryFebruary, 1920, by One of the Members," Boston Branch of Am. Civil Liberties Union; 66 Deported via Deer Island," MSS. report prepared for the Bureau.

Searches and Seizures (Chapters V and VI):

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The Case of the Rand School," published by the School, N. Y., 1919; "The Truth about the Lusk Committee," Nation Press, N. Y., 1920; "Whose Home Will Be Safe?", 19 New Republic 303 (July 9, 1919); Anna L. Strong, "A Newspaper Confiscated-and Returned," 109 Nation 738 (December 13, 1919).

D. POWER OF A LEGISLATURE TO EXCLUDE OR EXPEL FOR OPINIONS (CHAPTER VI)

For the English law, T. Erskine May, Parliamentary Practice, 12th ed., London, 1917; same, Constitutional History of England, vol. I, for Wilkes, and also G. O. Trevelyan, Early History of Charles James Fox, and Macaulay's second Essay on Chatham. Justin McCarthy, History of Our Own Times, vol. III, for Bradlaugh.

For Congress, Asher Hinds, Precedents of the House of Representatives of the United States, Washington, 1907. This contains many Senate cases. See, also, Webb & Pierce, Compilation of Senate Election Cases, 1789-1913, Washington, 1913. Other Congressional compilations may be useful. Massachusetts cases are collected by Cushing, Loring, and Russell; New York, by Armstrong.

Berger:

Victor L. Berger, Hearings before the Special Committee appointed under the Authority of House Resolution No. 6 concerning the Right of Victor L. Berger to be Sworn in as a Member of the Sixty-sixth Congress, 2 vols., Wash., 1919. (These contain records of the prosecution and Milwaukee Leader case.) Cited herein as Berger Hearings.

Ho. Cal. No. 91, 66th Cong., 1st Sess., Report No. 413, Case of Victor L. Berger of Wisconsin. Cited herein as Berger Report. "Victor L. Berger," Socialist Review, (February, 1920); "The Berger Victory," 109 Nation 820 (December 27, 1919); for account of the

trial from the side of the defense, American Labor Year-Book, 1919-20, 97-100.

New York Socialists:

The record of the investigation was printed by the Assembly. Briefs include, Brief of Special Committee appointed by the Association of the Bar of the City of New York (January 20, 1920); Outline of the Evidence taken before the Judiciary Committee to and including February 5, 1920, with a discussion of some conclusions to be drawn therefrom [against Socialists and signed by Attorney-General and associate counsel]; Brief for the Socialist Assemblymen, March 15, 1920; Brief for the Judiciary Committee, March 24, 1920.

Articles in periodicals (all in 1920): “The Issues in the Fight at Albany," 2 Review 121 (February 7); "Hillquit on the Socialist Programme," 2 Review 193 (February 28); "Governor Smith's Opportunity," 2 Review 421 (April 24); "Speaker Sweet Does His Bit," 22 New Republic 210 (January 21); "The Mob in High Places," 22 New Republic 279 (February 4); “Up to the Voters," 22 New Republic 200 (April 14) [Lusk Bills]; 22 New Republic 171 (April 7); “Minority Rights at Albany," 110 Nation 288 (March 6); Lewis S. Gannett, "The Socialists' Trial at Albany: A Summary," 110 Nation 361 (March 20); Loula D. Lasker, "Back in the Districts: What New York Assemblymen's Constituents Are Thinking,” 53 Survey 767 (March 20); Robert Minor, “Dissolving the Duma at Albany," Liberator (March 20).

E. SCHOOLS

Henry R. Linville, John L. Tildsley, and Z. Chafee, Jr., "The Schools and the Issue of Freedom," in leaflets, "The Public and the Schools," published by Public School Education Assn., N. Y., May 3, 17, 24, 1919. Various pamphlets have been issued on both sides of the controversies in New York and Washington, and several articles printed in the Nation.

APPENDIX II

INDEX OF REPORTED CASES UNDER THE ESPIONAGE ACTS OF 1917 AND 1918

This index is meant to include all Espionage Act cases involving freedom of speech which are contained in the following reports, abbreviated as shown:

Bulletins of the Department of Justice on the Interpretation of War Statutes (B);

Federal Reporter (F), containing cases in the Circuit Court of Appeals, and occasionally in the District Courts;

United States Reports (U. S.), containing Supreme Court decisions; One case is officially reported only in Report of the Attorney General for 1918 (A), which gives facts of many more.

Some recent Supreme Court cases are in the Supreme Court Reporter (Sup.).

A few cases are from Nelles, Espionage Act Cases (N).

So far as practicable I have indexed not only the defendant who gives his name to the case but every defendant. This seemed undesirable in the cases of the 93 I.W.W.'s in the Haywood case and the 27 Socialists in the Baltzer case. Consequently, while there are 184 persons indexed below, 118 more should be added to give the total number of persons whose prosecutions are reported, making 302 in all. Besides these many Espionage Act cases have never been reported. Notes of these are in War-time Prosecutions and Mob Violence, which contains the facts of many others. The total number of persons convicted is reported as 877, with 285 cases still pending on June 30, 1919. The Attorney General's Reports for 1918 and 1919 show that there were 988 cases commenced in 1917-18, and 968 in 1918-19. Out of these 1,956 cases only a small fraction are reported anywhere.

In each instance I have given the defendant's name, the state where he was prosecuted (omitting United States Districts within a state), a reference to the report, the result of the case, and the sentence. Abbreviations are:

C., conviction.

Acq., acquittal.

Acq. d., acquittal directed.

Ind., indictment.

Aff., affirmed by Circuit Court of Appeals or Supreme Court. Rev., reversed by Circuit Court of Appeals or Supreme Court. An asterisk shows that the sentence has been shortened by the President, and the length of the commuted sentence or date of its expiration is added. It is possible that some commutations have been omitted. Information as to convictions, sentences, pardons, etc., if not contained in the reports, has been obtained from War-time Prosecutions; New York Times, May 9, 1919; and from the Attorney General's Report for

1919.