United States v. Swelgin

• Decision Date: 22 May 1918
• Docket Number: 7700.
• Citation: 254 F. 884
• Parties: UNITED STATES v. SWELGIN.
• Court: U.S. District Court — District of Oregon

254 F. 884

UNITED STATES v. SWELGIN.

No. 7700.

United States District Court, D. Oregon.

May 22, 1918

Bert E Haney, U.S. Atty., and Robert R. Rankin, Asst. U.S. Atty both of Portland, Or.

C. H Libby, of Portland, Or., for defendant.

WOLVERTON District Judge.

This is a suit to vacate and annul a certificate of naturalization. The defendant, Carl Swelgin, is a native of Germany. On January 3, 1913, he filed a petition in the circuit court of the state of Oregon for the county of Coos, praying for his naturalization as a citizen of the United States. On April 25, 1913, an order of the court was made and entered admitting him as a citizen, and on May 27th a certificate of admission was issued by the clerk of the court.

The bill for vacation of the certificate alleges, that upon the dates named, and during the five-year period immediately preceding the date of the filing of said petition for naturalization--

'the said defendant, Carl Swelgin, was not, has not been, and is not now attached to the principles of the Constitution of the United States, nor is the said defendant well disposed to the good order and happiness of the same, nor is said defendant of good moral character, and that said defendant has been since the year 1911, and now is, a member of the organization known and entitled 'Industrial Workers of the World,' which organization is more commonly known as and called the 'I.W.W.'; that defendant has been an organizer in said organization, and that said organization has advocated and does advocate resistance to the existing governmental authority of the United States, and the complete control and ownership of all property in the United States through the abolition of all other classes of society; and that such purposes of said organization are to be accomplished without regard for right or wrong, but by the use of such unlawful means and methods known as 'sabotage' and direct action.'

Then the preamble is set out, which I will not read. It is then further alleged that defendant's certificate of naturalization was procured by deception and fraud practiced upon the court, consisting of false representations and concealment of facts, by which the court was misled and imposed upon, and induced to make and render its order and judgment directing the issuance of said certificate of naturalization.

The proofs show, and the defendant admits, that he became a member of the organization known as the 'Industrial Workers of the World' in December, 1911, and was such member at the time he was admitted as a citizen of the United States, and ever since has been a member thereof. I should qualify that, because the witness has said that there was a time following August, 1913, for a period of two or three years, that he was not a member; but he thereafter did become a member, and has continued such ever since. Not only this, but he has been active in the order, in promoting its propaganda and furthering the cause that the order espouses. He asserts his firm belief in the principles enunciated by the preamble and constitution of the order, and admits that he is in full sympathy with the propaganda and practices thereof. Among other things, he indorses the sabotage recently practiced upon the timber and lumber industries in the Northwest, and when asked if he was willing to join the military forces of this country against Germany, he answered, in effect, that he entertained conscientious scruples against entering the army. He further states that the views he entertained respecting these subjects at the time and previous to his naturalization were the same as he now holds and adheres to. So that it appears that his attitude of mind then respecting the principles and practices of the order of the Industrial Workers of the World was the same as his attitude now, to which he firmly adheres.

No further evidence is necessary for establishing his purposes and designs as it relates to organized government and the peace and tranquility of society, and we have only to inquire, touching the doctrine and principles of the organization, whether they are promotive of or inimical to the maintenance and stability of organized government, and whether they are calculated to promote peace and good order in society, or whether they are adapted by design to the demoralization and degradation thereof.

I should say in this connection that the defendant has said that he indorses the preamble and constitution of this organization, and that further than that he is not acquainted with its principles and purposes; but, having actively engaged in the organization, and having been actively engaged in the furtherance of the cause in which the organization is embarked, taking into consideration his intelligence, there can be no question in the mind of the court that he was thoroughly acquainted with all its principles and propaganda. Let us therefore recount some of the doctrines, principles, and practices of the order. The preamble makes this enunciation:

'Between these two classes (the working class and the employing class) a struggle must go on until the workers of the world organize as a class, take possession of the earth and the machinery of production, and abolish the wage system.'

The pledge is in these words:

'I do solemnly pledge my word and honor that I will obey the constitution, rules, and regulations of the Industrial Workers of the World, and that, keeping always in view its fundamental principles and final aims, I will, to the best of my ability, perform the task assigned to me. I believe in and understand the two sentences, 'The working class and the employing class have nothing in common,' and 'Labor is entitled to all it produces.''

The tactics or methods of the I.W.W. are given by Vincent St. John, an adherent of the cause. I read only slight excerpts:

'As a revolutionary organization the Industrial Workers of the World aims to use any and all tactics that will get the results sought with the least expenditure of time and energy. The tactics used are determined solely by the power of the organization to make good in their use. The question of 'right' and 'wrong' does not concern us.

'It aims, where strikes are used, to paralyze all branches of the industry involved, when the employers can least afford a cessation of work-- during the busy season and when there are rush orders to be filled.

'Failing to force concessions from the employers by the strike, work is resumed and 'sabotage' is used to force the employers to concede the demands of the workers.

'All supplies are cut off from strike-bound shops. All shipments are refused or missent, delayed and lost if possible. Interference by the government is resented by open violation of the government's orders, going to jail en masse, causing expense to the taxpayers-- which are but another name for the employing class.

'In short, the I.W.W. advocates the use of militant 'direct action' tactics to the full extent of our power to make good.'

Sabotage is defined by its authors and adherents to be:

'Any conscious and willful act on the part of one or more workers intended to slacken and reduce the output of production in...