Felix Frankfurter

“ Petitioner is an alien who has been ordered deported by virtue of § 22 of the Internal Security Act of 1950, 64 Stat. 987, 1006, [1] for past memebership in the Communist Party. He attacks the judgment below on the ground-the only claim we need to consider that he was not a 'member' of the Communist Party within the scope of that section.
Petitioner is an alien who entered the United States in 1914 and, except for a short interval in Canada, has resided here continuously. The finding of 'membership' by the hearing officer rested on petitioner's own testimony. ”

“ I am telling you that I have been working here 32 years-since 1914, and you can ask me what kind of work you are doing, how much wages you are getting, does your boss like you, but I don't want to be asked anything else about politics because I am not interested. I am too old to be interested. ”

“ When I was arrested, I finished the Communist Party membership, but I stayed in the Workers' Alliance.
'Q. What were your political beliefs at the time you joined the Communist Party? A. My political beliefs were always somewhat for the benefit of most of the people-always for the benefit to help most of the people. ”

“ With respect to each he emphasized that many 'spouses of members of the United States Armed Forces' were included. The first class, he said, consisted of persons 'who during infancy where (sic) members of the Hitler Youth, Fascist Youth, and similar organizations where the child's education and welfare were made dependent upon membership * * *.' The second class embraced 'aliens who unwittingly, and without their knowledge or consent, were impressed into the various labor fronts and professional unions and organizations; aliens who served in the German and Italian Armies ”

“ I am absolutely against sudden dictatorship and overthrow of government.
'Q. What is your opinion as to whether communism was the cause or outgrowth of the Russian revolution? A. Communism did not start the revolution. The middle-class started the revolution. Lenin got hold of it. Communism was the result of the revolution.
'Q. Were you an organizer for the Communist Party? A. No.
'Q. What is your personal belief as to the principles of communism? A. What is communism? That is a good question. My belief is a different thing than communism is. ”

“ The inference that Congress intended to aid only persons being denied admission to the United States rather than persons subject to deportation for membership which took place in this country is substantially reinforced by the fact that when the Immigration and Nationality Act of 1952 repealed the ameliorating amendment, 66 Stat. ”

“ Thereafter the following occurred, omitting certain portions of the record of no significance here and the testimony already quoted by the Court that related to petitioner's disclaimer of belief in the forcible overthrow of government:
'Q. Are you a member of any organizations or societies of any kind at the present time? A. Yes, I belong to the A.F.L. Local No. 665, Miscellaneous Hotel & Restaurant Workers.
'Q. To what organizations have you belonged in the past? A. In the past, the Workers' Alliance, the Communist Party. ”