Summary

Portrait of Harlan F. Stone Harlan F. Stone United States Vajtauer v. Commissioner of Immigration at Port of New York…

The ultimate question presented by this record, therefore, is one of fact, whether the warrant of deportation was supported by any evidence that the alien when he entered the United States advocated opposition to all organized government or the overthrow of the United States government by force and violence, within the meaning of the statute.
Source: Wikisource

Portrait of Harlan F. Stone Harlan F. Stone United States Vajtauer v. Commissioner of Immigration at Port of New York…

Attention is directed to the fact that the refusal to testify was based upon a supposed right of the witness not to be called upon to testify until all the evidence in support of the warrant was presented, and it is said that, if silence is induced by a person's 'doubts of his rights, by a belief that his security will be best promoted by his silence, then no inference of assent can be drawn from that silence.' Commonwealth v.
Source: Wikisource

Portrait of Harlan F. Stone Harlan F. Stone United States Vajtauer v. Commissioner of Immigration at Port of New York…

After answering other preliminary questions, he was then asked: 'Why did you come to the United States?' Appellant's attorney then stated:
'I will advise the alien not to answer any further questions until the evidence upon which the warrant is based will be presented here.' [2]
Appellant then stated that he would follow his attorney's advice, and gave no further testimony. The immigration inspector introduced in evidence a pamphlet, stated by him to bear the name of Dr. E. M. Vajtauer as author. An interpreter testified that it was Dr. Vajtauer's study of the Ressian Revolution.
Source: Wikisource

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