REGULATING USA 'PATRIOTISM' vs ANARCHY

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REVOLUTIONARY RADICALISM

ITS HISTORY, PURPOSE AND TACTICS
WITH AN EXPOSITION AND DISCUSSION OF THE STEPS BEING
TAKEN AND REQUIRED TO CURB IT
BEING THE

REPORT OF THE JOINT LEGISLATIVE COMMITTEE
INVESTIGATING SEDITIOUS ACTIVITIES, FILED
APRIL 24, 192C, IN THE SENATE OF
THE STATE OF NEW YORK

PART !I
CONSTRUCTIVE MOVEMENTS AND MEASURES
IN AMERICA
VOLUME IV

ALBANY
J. B. LYON COMPANY. PRINTERS
1920
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SUBSECTION IV

Citizenship Training in all States Other than New York

CHAPTER XIV. Kansas page
1. State Legislation — Compulsion for Minors 3645-46
2. State Legislation — Minors of Employment Age 3646-47
3. State Legislation — Patriotic Measures 3647
4. State Legislation — Flags 3647-40
5. State Legislation — English Language 3650-51
6. State Legislation — Facilities for Adults 3651

Kansas,
pp. 3647-3650
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3. State Legislation — Patriotic Measures
Laws Relating to Education. Chapter 184. Malting it a Felony
to Display a Flag Distinctive of Bolshevisism Anarchy or
Radical Socialism.

AN ACT relating to the flag, standard, or banner of bolshevism,
anarchy, or radical socialism ; declaring any violation hereof
a felony, and providing penalties therefor.
Be it enacted hy the Legislature of the State of Kansas:

Section 1. That hereafter it shall be a felony for any person
or persons, organization or body of persons to fly, to carry, 1o
exhibit, or to display, or to assist in carrying, exhibiting or displaying
in this state any red flag, standard or banner distinctive
of bolshevism, anarchy, or radical socialism, or any flag, standard
or banner of any color or design that is now or may hereafter be
designated by any bolshevistic, anarchistic or radical socialistic
group, body, association or society of persons as the flag, standard
or banner of bolshevism, anarchism or radical socialism.

Section 2. That any person or persons who shall violate any
provision of section 1 of this act shall, upon conviction of such
violation, be punished by imprisonment in the State Penitentiary
for a period of not less than eighteen (IS) months nor more
than three (3) years.

Section 3. That this act shall take effect and be in force from,
any after its publication in the official state paper.

4. State Legislation — Flags
Laws Relating to Education. Chapter 274. Concerning the
Purchase^ Display, Custody and Care of the United States
Flag for the Schools of Kansas.
AN ACT concerning the purchase, display, custody and care of
the United States flag for the schools of Kansas; providing
for rules and regulations for custody, care and display of
Citizenship Training in Other States
such flag; making violations of this act a misdemeanor, and
prescribing penalties therefor; and repealing sections 9445
and 9446 of the General Statutes of Kansas for 1915.
Be it enacted hy the Legislature of the State of Kansas:

Section 1, That it shall be the duty of the school directors or
boards of education of every public or proprietor of a private
or parochial school in the several cities, counties, districts and
school districts of this state to purchase a suitable United States
flag, flagstafi', the necessary appliances therefor, and to display
such flag upon or near the public, private or parochial school
building or grounds belonging thereto in which school is held
during school hours, and at such other times as such school
directors, boards of education or proprietors may direct.

Section 2. That it shall be the duty of the said school directors,
or boards of education of every public or proprietor of a private
or parochial school in the several cities, counties, districts, and
school districts of this state to purchase a suitable United States
flag for each and every room of their respective school building
or buildings and to keep such United States flag or flags in
display in each such school room or rooms during the school
hours and at such other times as such school directors or boards
of education may direct.

Section 3. That the said school directors or boards of education
or proprietors of a private or parochial school shall establish
rules and regulations for the proper custody, care and display
of the United States flag, and, when the weather will not permit
it to be otherwise displayed, it shall be placed conspicuously in
the principal room in the schoolhouse.

Section 4. That it shall be the duty of the county superintendent
of public instruction in each county of the State of
Kansas to notify the principal or proprietor of such public,
private or parochial school, having charge of such school buildings
and grounds, to observe the provisions of section 1 of this
act, and if after such notification the said principal or proprietor
of such public, private or parochial school shall fail to comply
therewith for a period of thirty days, such principal or proprietor
of such public, private or parochial school shall be judged guilty
of misdemeanor, and upon conviction thereof shall be fined in a
sum not less than $1 nor more than $5 for each thirty days
thereafter that he shall continue to neglect to obey the provisions
of this act.

Section 5. That sections 9445 and 9446 of the General Statutes
of Kansas for 1915 be and the same are hereby repealed.
Section 6. That this act shall take effect and be in force from
and after its publication in the official state paper.

Chapter XXVII — Patriotism.
Section 623. Duty to purchase and display of flag. That it
shall be the duty of the school directors or boards of education of
every public or proprietor of a private or parochial school in the
several cities, counties, districts and school districts of this state
to purchase a suitable United States flag, flagstaff and the necessary
appliances therefor, and to display such flag upon or near the
public, private or parochial school building or grounds belonging
thereto in which school is held during school hours, and at such
other times as such school directors, boards of education or proprietors
may direct. (Laws 1919, ch. 274, sec. 1.)
§ 624. Flag for each room. That it shall be the duty of the
said school directors, or boards of education of every public or
proprietor of a private or parochial school in the several cities,
counties, districts and school districts of this state to purchase
respective school building or buildings and to keep such United
States flag or flags in display in each such schoolroom or rooms
during the school hours and at such other times as such school
directors or boards of education may direct. (Laws 1919, ch. 274;
sec. 2.)
§ 625. Rules and regulations for care aiul display of flag.
That the said school directors or boards of education or proprietor
of a private or parochial school shall establish rules and
regulations for the proper custody, care and display of the said
United States flag, and, when the weather will not permit it to
be otherwise displayed, it shall be placed conspicuously in the
principal room in the schoolhouse. (Laws 1919, ch. 274, sec. 3.)
§ 626. Duty of county superintendents. That it shall be the
duty of the county superintendent of public instruction in each
county of the state of Kansas to notify the principal or proprietor
of such public, private or parochial school, having charge of such
school buildings and grounds, to observe the provisions of section
one of this act, and if after such notification the said principal
or proprietor of such public, private or parochial school shall fail
to comply therewith for a period of thirty days, such principal
or proprietor of such public, private or parochial school shall be
judged giiiltj of misdemeanor, and upon conviction thereof shall
be fined in a sum not less than one dollar nor more than five dollars
for each thirty days thereafter that he shall continue to
neglect to obey the provisions of this act. (Laws 1919, ch. 27-4,
sec. 4.)

Chapter XXVII.— Patriotism
Article II.—Patriotic Instruction.
Section 629. Duty of state superintendent. (9447) It shall be
the duty of the state superintendent of public instruction of this
state to prepare for the use of the public schools of the state a
program providing for a salute to the flag at the opening of each
day of school, and such other patriotic exercises as may be deemed
by him to be expedient, under such regulations and instructions
as may best meet the varied requirements of the ditferent grades
in such schools. It shall also be his duty to make special provision
for the observance of (in) such public schools of Lincoln's
birthday, Washington's birthday, Memorial day (May 30), and
Flag day (June 14), and such other legal holidays of like character
as may be hereafter designated by law. (Laws 1907, ch, 319.
•sec. 3.)
§ 630. Patriotic exercises. (9448) The state superintendent
of public instruction is hereby authorized and directed to procure
and provide the necessary and appropriate instructions for
developing and encouraging such patriotic exercises in the public
schools, and the state printer is hereby authorized and directed
to do such printing and binding as may become necessary for the
efficient and faithful carrying out of the purposes of this act.
(Laws 1907, ch. 319, sec. 4.)


USA Justice, 90 years before Occupy Wall Street

USA State History (1919-1920) -
New York: arresting and persecuting anarchists
and other revolutionaries (refugees, migrants).
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REVOLUTIONARY RADICALISM
ITS HISTORY, PURPOSE AND TACTICS
WITH AN EXPOSITION AND DISCUSSION OF THE STEPS BEING
TAKEN AND REQUIRED TO CURB IT

BEING THE
REPORT OF THE JOINT LEGISLATIVE COMMITTEE
INVESTIGATING SEDITIOUS ACTIVITIES, FILED
APRIL 24, 1920, IN THE SENATE OF
THE STATE OF NEW YORK

PART I
REVOLUTIONARY AND SUBVERSIVE
MOVEMENTS ABROAD AND AT HOME
VOLUME I

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"EVERY STRIKE IS A SMALL REVOLUTION
AND A DRESS REHEARSAL FOR THE BIG ONE"

—The Labor Defender, (I. W. W.) Dec. 15, 1918

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ALBANY - J. B. LYON COMPANY, PRINTERS - 1920

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TABLE OF CONTENTS
VOLUME 1

Statement of Chairman p. 4
PART 1
Revolutionary and Subversive Movements Abroad and at Home
Geineral Introduction pp. 7-36.

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(..)

CONCURRENT RESOLUTION AUTHORIZING THE
INVESTIGATION OF SEDITIOUS ACTIVITIES

Whereas, It is a matter of public knowledge that there is a large number
of persons within the State of New York engaged in circulating propaganda
calculated to set in motion forces to overthrow the Government of this State
and the United States, and
Whereas, Sufficient facts were adduced by the sub-committee of the Senate
of the United States investigating this subject during the last session of
Congress to indicate the necessity of further inquiry and action, and
Whereas, It is the duty of the Legislature of the State of New York to
learn the whole truth regarding these seditious activities and to pass when
such truth is ascertained such legislation as may be necessary to protect the
government of the State and to insure the maintenance of the rights of
its citizens,
Now, Therefore, Be It Resolved, That a joint committee of the Senate and
Assembly be, and hereby is, created to consist of four members of the Senate
to be appointed by the Temporary President of the Senate, and five members
of the Assembly, to be appointed by the Speaker of the Assembly, of which
joint committee the Temporary President of the Senate and the Speaker
of the Assembly shall be members ex-oflficio, to investigate the scope,
tendencies, and ramifications of such seditious activities and to report the
result of its investigation to the Legislature; and be it
Further Resolved, That the said special committee shall have power to
select its chairman and other officers to compel the attendance of witnesses
and the production of books and papers; to employ counsel, stenographers
and necessary clerical assistance; and shall have power to sit anywhere
within the State, and shall otherwise have all the power of a legislative
committee as provided by the Legislative Law, including the adoption of
rules for the conduct of its proceedings, and be it
Further Resolved, That the sum of thirty thousand dollars ($30,000), or
so much thereof as may be necessary, be and hereby is appropriated from
the funds set aside for the contingent expenses of the Legislature, to be
paid by the Treasurer on warrants of the Comptroller upon the certificates
of the Chairman of the Committee and the approval of the Temporary
President of the Senate or the Speaker of the Assembly.

p.1

STATEMENT OF CHAIRMAN
The present report has been compiled after a careful study of
the evidence taken before the Committee, covering several thousand
pages of testimony and a vast number of documents secured
by the Committee in the course of its investigations.
The revolutionary movement, being of an international character,
involved and necessitated a study of conditions existing not
only in the State of New York but throughout the United States
as well as in Europe and elsewhere: it is for that reason that
this report necessarily is taken up, to a substantial extent, with a
consideration of the conditions existing outside the State of New York.
The preparation of the report was begun shortly before the
investigation by the Assembly of the State of New York into the
qualifications of the five Socialist Assemblymen-elect to take their
seats in that body. The records of this Committee were subponaed
by the Judiciary Committee of the Assembly and used
in that investigation. Counsel for the Committee were retained
by the Assembly Committee to assist in its investigation, which
was not concluded until the first of April. All this involved an
interruption in the work of preparation which made it difiicult
to complete it before the closing of the legislative session on
April 24th. This made it impossible to give as much time as
the Committee desired to a careful consideration of the literary
form and order of arrangement.
The report is very largely made up of documents the originals
of which are in the possession of the Committee. It has been the
desire of the Committee to eliminate personalities and put in only
such evidence and documents as seemed absolutely necessary
in order that a clear understanding might be had of the subjects
under investigation.
The Committee has received much assistance in its work from
various public officials. Early in the summer District Attorney
Swann of New York county assigned Assistant District Attorney
Alexander I. Rorke to this Committee. He has not only cooperated
with the Committee in its work, but has so ably handled
the criminal anarchy cases arising out of the investigations of
this Committee in New York county that he has secured a conviction
in every case of criminal anarchy which has been presented
in court up to this time. The Committee has also received much
assistance from the district attorneys of Bronx, Kings, Erie,
Monroe, Oneida, Cortland and other counties in the State. The
Committee also wishes to express its gratitude to Major George
R. Chandler and Captain John A. Warner, of the State police,
the police of the City of New York, especially Commissioner
Richard E. Enright, Inspector Faurot (now Deputy Commissioner),
and Sergeant James Gegan, head of the bomb squad, and
to the police of Utica, Rochester, and Buffalo, for the able assistance
furnished by these officials.
The Committee is under great obligation to Charles D. Newton,
Attorney-General of the State of New York, Deputy Attorneys-
General Samuel A. Berger and Frederick R. Rich, Archibald E.
Stevenson, Esq., Prof. Arthur L. Frothingham of Princeton,
N. J., and Miss Eleanor A. Barnes.
Much gratification has been afforded the chairman of the Committee
by the fact that the work of the Committee has been
entirely free from political or personal dissensions of any kind.
Every member of the Committee has diligently and patriotically
worked for an honest and fair investigation and presentation of
the movement now on foot to undermine and destroy the government
and institutions of the State and Nation.
CLAYTON R. LUSK,
Chairman.

pp. 3-4.

PART 1
REVOLUTIONARY AND SUBVERSIVE MOVEMENTS
ABROAD AND AT HOME
[p. 5]

(..)

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Revolutionary and Subversive Movements

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SEARCH WARRANTS AND PROSECUTIONS

Soon after this Committee was organized it became apparent
that the Criminal Anarchy statute of this State was being constantly
and flagrantly violated. The reasons for this have already
been pointed out in the preliminary report of this Committee.
In order to assist the prosecuting officers in the preparation
and the presentation of cases involving a violation of this law,
this Committee procured a number of search warrants against
various organizations that were found to be the centers and sources
of radical revolutionary propaganda.
The first search warrant was obtained on June 12, 1919, from
Hon. Alexander Brough, city magistrate, and was directed
against the office of the Eussian Soviet Bureau at 110 West
Fortieth street, New York city. The activities of this bureau
have been described in another part of this report. This search
warrant was executed on the day it was issued by special agents
of the Committee assisted by the members of the State Constabulary,
and large quantities of printed and written matter
referred to in the search warrant were removed from 110 West
Fortieth street to the headquarters of this Committee.
Counsel for the Soviet Bureau and for Ludwig C. A. K.
Martens, the alleged representative of the Soviet government,
endeavored to vacate the search warrant, but, after exhaustive
argument, in which Attorney-General Charles D. Newton personally
represented the Committee, the application for the vacating
of the search warrant was denied, and the Committee permitted
to retain possession of the papers and documents seized
under and by virtue of the search warrant. Certain papers that
were not deemed relevant or pertinent were voluntarily returned
to the Soviet Bureau by representatives of the Committee.
On June 21, 1919, Hon. William McAdoo, Chief City Magistrate,
issued three search warrants which were directed respeciively
against the Rand School of Social Science, situated at
7 East 15tli street, in the borough of Manhattan, city of New
York; the headquarters of the Left Wing Section of the Socialist
Party, situated at 43 West 29th street, in the borough of Manhattan,
city of New York; and the New York city headquartei's
of the I. W. W., situated at 27 East 4th street, in the borough
of Manhattan, city of New York.
The three search warrants were executed simultaneously at
3 o'clock in the afternoon of June 21, 1919, by representatives
of the Committee, members of the New York city police, members
of the State constabulary, and volunteers from the American
Protective League.
Large quantities of revolutionary, incendiary and seditious
written and printed matter were seized in each of these three
places under and by virtue of the search warrants that had been
issued against them. Court proceedings were instituted in behalf
of the Left Wing Section of the Socialist Party to vacate the
search warrant that had been issued against it, but the application
was denied by the court, and the validity of the search warrant
sustained.
An application was made by counsel for the Rand School of
Social Science for the vacating of the search warrant that had
been issued against it but the attorney for the Rand School
abandoned these proceedings. No application was made on behalf
of the I. W. W. headquarters for a vacating of the search warrant
directed against it.
In all of these places large quantities of written and printed
matter of the character aforementioned were obtained, and in
addition thereto much valuable information was had concerning
the identity of the leaders of the radical revolutionary movement
in America as well as the names and addresses of thousands of
members of these various organizations, with a result that numerous
ipdictments have been found in various counties of this State
as a direct result of -the information thus obtained. 'No arrests
were made at the time of the execution of the search warrants
against the Rand School, the I. W. W. headquarters, and the
headquarters of the Left Wing Section of the Socialist Party,
the purpose being not to make arrests, but to obtain evidence
which was turned over to the prosecuting officers, as provided for
by law.
On August 14, 1919, a search warrant was obtained by representatives
of the Committee from Magistrate William Sweetser,
directed against the headquarters of the Union of Russian
Workers, situated at 133 East 15th street, in the borough of
Manhattan, city of New York. These premises consist of an
old private house in process of rather rapid decay. On the
entrance or parlor floor was found a large room used as a schoolroom,
containing a blackboard and crude desks and benches.
Inquiry among the persons found therein disclosed the fact that
many of them were led to gather in the premises on the supposition
that they would there be taught both English and the
reading and writing of their native tongue, Russian. As a
matter of fact, this was but a blind, the real purpose being to
gain recruits to the cause of revolution and anarchy. In the
rear room, at the top floor of this building, were found the
directors of this institution, and the editors of an anarchistic
sheet called " Khlieb y Volya," the guiding spirits of which were
one Peter Bianki, Naum Stepanuk and Peter Krawchuk. Large
quantities of anarchistic literature were found secreted in various
portions of the premises and were seized under the search warrant.
The three men above named were indicted by the extraordinary
grand jury of New York county charged with criminal anarchy.
They have since been deported to Russia on the " Soviet Ark"
Buford.
This search warrant was executed by representatives of the
Committee, together with Inspector (Now Deputy Commissioner)
Joseph Eaurot of the New York police department, who is best
known as the Bertillon expert of the New York police department;
Sergeant James Gegan, head of the bomb squad of the
New York police department, and Officers Cornelius Brown,
Charles J. Newman and other members of the bomb squad.
Shortly before this, representatives of the' Conmiittee had
caused the arrest of two Finnish anarchist leaders named Carl
Paivio and Gust Alonen, who were the editors and publishers
of a rabid anarchist sheet called " Luokkataistelu." These two
men, Paivio and Alonen, on complaint of the Committee, were
indicted in New York county on the charge of criminal anarchy.
They were tried and convicted before Mr. Justice Bartow S.
Weeks in the Extraordinary Criminal Trial Term of the Supreme
Court, and were sentenced to Sing Sing prison at hard labor,
for a period of not less than four years and not more than eight
years; and they are now in that prison serving their sentences.
On November 8, 1919, search warrants were issued by Chief
Magistrate William McAdoo at the request of the Committee,
and directed against the seventy-one headquarters of the Communist
Party of America in the various boroughs of the city.
At 9 o'clock in the evening of that day all of these headquarters
were simultaneously entered by representatives of the Committee,
by members of the State constabulary, and by upward of 700
members of the New York police force under the leadership of
Inspector Faurot, Detective Sergeant Gegan and other members
of the bomb squad.
Many tons of seditious and anarchistic literature were seized
in the execution of these search warrants and a large number of
prisoners taken. Those concerning whom there was not absolutely
positive proof of membership in the Communist Party
of America were released, and those concerning whom indubitable
proof was possessed were held for the action of the grand jury,
and later indicted. Among those arrested on that date were
Benjamin Gitlow, a former Socialist Assemblyman of the State
of New York, and one of the editors of the " Revolutionary Age,"
and James J. Larkin, also one of the editors of the "Revolutionary
Age."
Gitlow was recently tried on the charge of criminal anarchy
before Mr. Justice Bartow S. Weeks, sitting in the Extraordinary
Criminal Trial Term of the Supreme Court. He was convicted
and sentenced to hard labor in Sing Sing Prison for a term of not
less than five years, nor more than ten years.
Shortly afterward Harry M. Winitsky, Secretary of the Communist
Party of America, Local Greater New York, was arrested
and indicted on the charge of criminal anarchy. He also was
recently tried before Mr. Justice Bartow S. Weeks, and convicted.
He was sentenced to Sing Sing Prison at hard labor
for a term of not less than five years nor more than teji years.
At the time of the preparation of this report James J. Laj'kin
is being tried on the charge of criminal anarchy.
In the meantime, eighteen persons charged with criminal
anarchy were arrested in Cortland county on complaint of the
Committee, and the local headquarters of that organization entered
and large quantities of seditious literature removed.
On December 28, 1919, search warrants were obtained by the
Committee in the cities of Utica, Eochester and Buffalo, and
simultaneously, at nine o'clock in the evening of that day the
headquarters of the Communist Party of America, of the L'Union
of Eussian Workers, and of other revolutionary organizations
were entered by representatives of the Committee, together with
representatives of the local police force in each of these three
cities, and of representatives of the district attorneys of these
cities. Again, large quantities of seditious and revolutionary
literature was seized under these search warrants, and formed
the basis of numerous indictments found against the ringleaders
of the revolutionary organizations in the cities mentioned.
In the city of Eochester the headquarters of the Communist
party were in a building commonly known as " Dynamite Hall."
Here was found a large circulating library containing books on
anarchistic subjects, and a mass of literature urging the overthrow
of organized government by unlawful means. There were also
found in these premises a number of immoral books, and judging
from the well-thumbed appearance of books of this character, and
of anarchistic character, it seemed that this type of literature
particularly appealed to the patrons of this library. In this
" Dynamite Hall " was also found evidence of the fact that meetings
had been held in public schools of the city of Rochester at
which documents were circulated advising the propriety and the
necessity of overthrowing organized government by force and
violence, and in one instance a resolution had been passed in one
of the public schools in the city of Rochester, at a meeting held
by the Socialist local of that city, proposing that 10,000 copies of
Nicolai Lenine's revolutionary appeal to the working men of
America be printed and circulated.
We give below a table showing the number of indictments procured,
the number of trials had, and convictions resulting
therefrom.

TABLE OF CASES SHOWING PROSECUTIONS ON THE
CHARGE OF CRIMINAL ANARCHY INSTITUTED
THROUGH THE CO-OPERATION OF THIS COMMITTEE
WITH THE DISTRICT ATTORNEYS OF
THE COUNTIES NAMED

Sentence upon
Name of defendant County Present status conviction

James J. Larkin' New York On trial.
Benjamin Gitlow New York Convicted .... State prison, 5 to 10 yrs.
Isaac E. Ferguson* New York Awaiting trial.
Charles E. Ruthenberg*. . New York Awaiting trial.
Gust Alonen New York Convicted .... State prison, 4 to 8 yrs.
Carl Paivio New York Convicted .... State prison, 4 to 8 yrs.

*Sinoe the submission of this report James J. Larkin, I. E. Ferguson and C. E. Ruthenberg
have been convicted and are now serving sentences of 5 to 10 years in state prison.

Sentence upon
Name of defendant County Present status conviction

Peter Bianki New York Deported on U. S. S. Buford to Russia.
Naum Stepanuk New York Deported on U. S. S. Buford to Russia.
Michael Krawchuk New York Deported on U. S. S. Buford to Russia.
Harry Israel New York Awaiting trial.
Isidore Cohen New York Awaiting trial.
Nicholas Turkevitoh New York Awaiting trial
Abe Schaiffer New York Awaiting trial
Joseph Sezwecuk New York Awaiting trial
Jay Lovestone New York Awaiting trial.
Elias Marks New York Awaiting trial.
John Holland New York Awaiting trial
Nathan Schechter New York Awaiting trial.
Moses Zimmerman New York Awaiting trial.
Hyman Bleiweiss New York Awaiting trial
Mike Stechner New York Awaiting trial
Hyman Feffer New York Awaiting trial.
Benjamin J. Tobaek New York Awaiting trial
John Solsky New York Awaiting trial.
Abraham Weinberg New York Awaiting trial
Louis Shapiro New York Awaiting trial
Harry M. Winitsky New York Convicted State prison, 5 to 10 yrs.
Irving Potash Kings Pleaded guilty to unlawful assembly
and awaiting sentence.
Michael Zwarich Kings Pleaded guilty to unlawful assembly
and awaiting sentence.
Robert E. Fried Kings Pleaded guilty to unlawful assembly
and awaiting sentence.
John Janschuky Kings Pleaded guilty to unlawful assembly
and awaiting sentence.
Taft Novick Kings Pleaded guilty to unlawful assembly
and awaiting sentence.
Meyer Graubarid Kings Awaiting trial.
Hyman Bleiwess Bronx Awaiting trial.
Jay Lovestone Bronx Awaifng trial.
Charles M. O'Brien Monroe (Rochester) Awaiting trial.
Iguatz Mizher Cortland Awaiting trial .*
John XJrchenko Cortland Awaiting trial
Corney Britt Cortland Awaiting trial
Nikita Zamry Cortland Awaiting trial.
Louis Litonovitch Cortland Awaiting trial
Efim Capasin Cortland Awaituig trial.
Acksenty Makovetsky Cortland Awaiting trial.
Pimon Polonsky Cortland Awaiting trial.
Steve Kostenko Cortland Awaiting trial
Jacob Hrikorash Cortland Awaiting trial.
Sam Karpenko Cortland Awaiting trial

* Has since been tried, convictea, ana sentenced to five to ten years in State's
prison.

Sentence upon
Name of defendant County Present status conviction

Valerian Makovetsky Cortland Awaiting trial
Efim Pavlenko Cortland Awaiting trial
Ivan Kebanuk Cortland Awaiting trial
Dymtro Pastuck Oneida (Utica) . . Awaiting trial
Joseph Grigas Oneida (Utica) . . Awaiting trial
Michael Zlepko Oneida (Utica) . . Awaiting trial
Peter Kraus Oneida (Utica) . . Awaiting trial
Sewaren Skulski Oneida (Utica) . . Awaiting trial
John Korolenok Oneida (Utica) . . Awaiting trial
Alex Kruoka Oneida (Utica) . . Awaiting trial
Fred Woznay Oneida (Utica) . . Awaiting trial
Dymtro Choptiany Oneida (Utica) . . Awaiting trial
Zygmund Ziminski Erie Awaiting trial
William J. Schwannekamp Erie Awaiting trial
Benjamin Kelemau Erie Awaiting trial
Darcy Millikan Erie Awaiting trial
Anna M. Reinsteiu Erie Awaiting trial
Harry J. O'Neil Erie Awaiting trial
Crist Keegan Erie Awaiting trial
George A. Till Erie Awaiting trial
Oscar A. Peterson Erie Awaiting trial
W Iliam Bradley Erie Awaiting trial
Anthony Gruensweig Erie Awaiting trial
Franklin P. Brill Erie Awaiting trial
Abraham Robiroff Erie Awaiting trial
Frank Rosenblatt Erie Awaiting trial
Paul Streamer Erie Awaitingtiral
Kyzma Olrinko Erie Awaiting trial
George H. Rosenberg Erie Awaiting trial

One defendant indicted but not yet arrested. Therefore his name is not
here given.

In addition to the defendants above named six persons were
indicted in New York county charged with criminal anarchy
but have not been arrested, having fled the jurisdiction, and for
obvious reasons their names are not given in this report.

The Committee desires to express its appreciation of the public
service rendered by the district attorneys who procured the above
indictments, who are : Hon. Edward Swann, of New York county;
Hon. Harry E, Lewis, of Kings county ; Hon. Francis M. Martin,
of Bronx county ; Hon. William F. Love, of Monroe county ; Hon.
W. E. Lee, of Oneida county, Hon. Jam.es Tobin, of Cortland
county; and Hon. Guy Moore, of Erie county.
There have thus far been four trials under indictments charging
Criminal Anarchy, and all four trials have resulted in convictions.
The prosecution of these four cases was conducted by
Assistant District Attorney Alexander I. Rorke, who, worked with
the Committee for many months, and whose fidelity and ability
merit the highest commendation from this Committee.
In the course of the public hearings held by the Committee,
Ludwig O. A. K. Martens was summoned as a witness to attend
before the Committee. He failed to obey the subjxEna which had
been duly served upon him, and an attachment was issued against
him by Mr. Justice Leonard A. Giegerich of the Supreme Court.
Martens was brought before the Committee at the City Hall, New
York, on November 14, 1919, by Deputy Sheriff Murray, and
upon his appearance was released under bond in the sum of
$1,000. He appeared afterward before the Committee and was
subjected to a careful examination. In the course of this inquiry
Martens testified that he had received from Soviet Russia some
$90,000 in money for the purposes of carrying on the work of his
Bureau. Pressed as to the identity of the persons who brought to
him this money, he declined to answer, and the Chairman of the
Committee declared him in contempt.
Just before this he had made application through his attorney,
Dudley Field Malone, for the vacating of the subpoena that had
theretofore been duly served upon him. This application was
heard by Mr. Justice Samuel Greenbaum of the Supreme Court.
Mr. Malone advanced the argument that his client was clothed
with diplomatic privileges and immunities. In his decision denying
the application for the vacating of this subpcena, Judge
Greenbaum brushed aside this alleged claim of diplomatic immunity,
and decided there was no legal provision for the granting
of such a motion, and Martens was compelled to answer the questions
that were put to him. He declined, however, to divulge the identity of
the couriers who had brought this money to him, and declined also to
answer various other pertinent questions. He was declared in contempt
of the Committee by the Chairman, and an application was made by
the Attomey-General for an order requiring Martens to show cause why
he should not be committed to the County Jail of New York County
until he should answer the questions that had been propounded to
him by the Committee. The order to show cause was issued by
Mr. Justice Greenbaum of the Supreme Court, but before it could be
served upon him. Martens left the jurisdiction, and it was later learned
he had gone to Washington, D. C, where he has since been.
Another contumacious witness who appeared before the Committee
was Santeri Nuorteva, Martens' secretary, who also declined to answer
pertinent and relevant questions, and was duly declared in contempt
by the Committee. An order was issued by Mr. Justice Greenbaum
directed to Santeri Nuorteva, requiring him to show cause why he
should not be committed to the County Jail until he answer the said
questions. Before this oxder could be served upon him he left the
jurisdiction, went to "Washington, D. C, with his chief, Martens,
and is there at the time of the writing of this report.
Michael Mislig, a confrere of Martens and Nuorteva and the treasurer
of the Russian Socialist Federation, who, as we have reason to believe,
is a member of the Communist Party of America, followed the
example of Martens and declined to answer material and relevant
questions propounded to him by the Committee. He too was declared
in contempt. A Supreme Court order was obtained by the
Attorney-General requiring Mislig to show cause why he should not be
committed to the County Jail until he answered the questions that
had been thus properly propounded to him. Argument on this
application for Mislig, which was vigorously contested by counsel,
was had before Mr. Justice Vernon M. I Davis of the Supreme Court.
A final order was granted adjudging Mislig in contempt, and directing
that he be confined in the County Jail until he should answer the
questions that had thus been propounded to him by the Committee.
Before this final order could be served upon him, Mislig too fled the
jurisdiction, and though many months have elapsed, he is still out
of the jurisdiction of the Supreme Court of the State of New York.
This Committee and its counsel have co-operated with the
prosecuting authorities of various states in the investigation of
seditious activities and with criminal prosecutions arising therefore,
as well as with the Department of Justice of the United States,
and with the immigration authorities. Much valuable information
has been placed at the disposal of these various prosecuting and
investigating bodies by this Committee, resulting in
prosecutions and deportations in large numbers.

pp. 20-28.

The “Activist” Lives of Gust Alonen and Carl Paivio

Thomas Hyder

An American Journey:
The “Activist” Lives of Gust Alonen and Carl Paivio

A central theme throughout the history of the United States has been the preservation and expansion of individual civil liberties. Beginning with the Bill of Rights in 1791 and continuing with the addition of further Amendments to the United States Constitution, the federal government, and later state governments, have enacted legislation and issued judicial rulings that strengthened and expanded America’s tradition of preserving individual liberties.
There have been, however, times during America’s history where the nation and its people have succumbed to events, both actual and perceived, to break with the cherished practice of protecting the civil liberties of its people. One such episode, the Red Scare, occurred at the end of the First World War with two of Finland’s native sons, Gust Alonen and Carl Paivio, engulfed in these tumultuous events. Their lives became a part of the very fabric of America’s history in the first half of the twentieth century.

Introduction

The first two decades of the twentieth-century were witness to drastic changes throughout America’s economic, social, cultural, and political fabric. The transformation of a rural/agricultural nation to an urban/industrial society; a nation whose traditional foreign policy of isolationism was interrupted by her involvement in the First World War; and a transformational wave of immigration from southern and eastern Europe all contributed to the turmoil and instability felt by the American people and nation.
During the First World War the government of the United States believed that in order to achieve victory it had to assure unity among the American people for support of the war effort. The national government also felt compelled to promote national security by suppressing dissent. To facilitate the latter, the federal government enacted in 1917 the Espionage Act which was designed to combat spying, sabotage, and obstruction of the war effort. The following year the Congress of the United States reinforced the Espionage Act with the Sabotage Act and Sedition Act. Both of these measures made any public expression of opposition to the war illegal and permitted prosecution of anyone who criticized the president of the United States or government. Frequent targets of the government were often members of the Socialist Party and the Industrial Workers of the World (IWW.) Members of these groups were often immigrants and labor activists. The government did not cease targeting these groups and their members once the war ended. The federal government continued its prosecution through the actions of Attorney General A. Mitchell Palmer and what became known as the Red Scare.
This post-war hysteria by the federal government was supplemented at the state level with numerous states enacting their own legislation to root out sabotage and subversive activities. New York State was no exception, but it was the only state that did not have to pass a new series of laws – they already had state “criminal anarchy” laws on the books since 1902.
The city of Buffalo, New York played host to the Pan-American Exposition in 1901. President William McKinley attended the Exposition in September, and on September 6th he was assassinated by anarchist Leon Czolgosz. President McKinley succumbed to his wounds on September 14th; Czolgosz was tried and convicted of his crime on September 23. He was sentenced to death and was executed by electric chair at Auburn Prison on October 29, 1901.
In response to this national tragedy and the rampant fear of anarchist activities in the nation, New York State responded with passage on April 3, 1902 of amendments to Title Thirteen of its penal code. The new amendments defined what the State of New York now recognized as “criminal anarchy”:

Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive offi cials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony.

The key portion of the law that ultimately permitted its widespread enforcement was in how the State defined “advocacy”. Advocacy included any of the following ways to overthrow government: by word of mouth or writing; by printing, publishing, editing, issuing, selling, distributing any written material; by organizing or becoming a member of a group or an assemblage of two or more persons; by editing any type of publication; or by permitting premises to be used for assemblages.
The obvious intent of the criminal anarchy law was to curtail not only direct and lethal acts of violence by anarchists, but also prevent individuals from advocating the violent overthrow of government.

New York State’s Red Scare

This legislation remained dormant until it was resurrected by the New York State Legislature when it established on March 26, 1919 the Joint Legislative Committee to Investigate Seditious Activities. “This committee was given broad authority to investigate individuals and organizations in the state that were suspected of promoting the overthrow of the American government in violation of the criminal anarchy articles of the state’s Penal Code”. (Daniel J. Linke, NYS Archives’ Guide to the records of the Joint Legislative Committee.) This Committee is more commonly referred to as the Lusk Committee, named after its chairman State Senator Clayton Lusk of Cortland, New York.
Although primarily focused in New York City, the committee’s activities also occurred in upstate New York cities such as Buffalo, Rochester, Utica and Cortland – the hometown of the committee chairman Clayton Lusk.
“During its investigation, the committee raided the headquarters of suspected radical organizations to gather evidence that these organizations advocated the overthrow of the government. Among the organizations raided were the Russian Soviet Bureau, the Rand School of Social Science, the left wing section of the Socialist Party, the Industrial Workers of the World (all located in New York City), and 73 branches of the Communist Party. Using search warrants in the raids, the committee seized thousands of documents from these organizations, retaining the originals (or making copies) for examination and, in some cases, for inclusion in its final report. In addition, the committee seized financial records and membership lists and shared them with local district attorneys throughout the state, who, on the basis of the lists, indicted many individuals on criminal anarchy charges. The investigation also involved committee investigators who observed mass meetings held by suspected radical groups and reported to the committee on the makeup of the audience and the content of speeches”. (Daniel J. Linke, NYS Archives’ Guide to the records of the Joint Legislative Committee.)
Of the hundreds of New Yorkers arrested as a result of the Lusk Committee investigations only a handful that were charged were convicted of criminal anarchy. Two native sons of Finland, Carl Paivio and Gust Alonen, became during the second half of 1919 targets of the Lusk Committee investigation.

Arrivals in America

When and how did Carl Paivio and Gust Alonen come to the United States? The answer to this question, with any sense of certitude, has proven to be very elusive and puzzling. I thought the following information documented the arrival of both Alonen and Paivio in the United States in 1913. There are too many markers connecting these documents to others to discount them, but their trial testimony creates additional questions.
The passenger ship manifest for the steamship Olympic that arrived in New York City on June 12, 1913 listed Kaarlo Paivio as a passenger. At the age of 19 he left his home village of Toysa and disembarked at New York’s Ellis Island with $25.00 and Marquette, Michigan as his final destination. Paivio’s contact person in Marquette was his sister Lempi Annala who immigrated to the United States three years earlier on May 2, 1910. Both Carl and Lempi identified their father Joha Annala as their contact person in Toysa. Upon her arrival in the United States, Lempi also had Marquette as her final destination. Identified in the ship’s manifest as a servant she indicated that she was to contact her cousin Alma Pakkali at the Hotel Clifton in Marquette.
I thought that Gus Alonen, like Carl Paivio, left Finland in 1913. Unlike Paivio, however, Alonen sought passage on the Canadian ship Royal Edward for Quebec, Canada. Arriving in Quebec on October 25, 1913 Jose Alonen was identified on a passenger list with other passengers as “in transit to USA”. He was 38 years old upon his arrival and indicated that his final destination was Duluth, Minnesota. No documents have been located to verify how and when Alonen entered the United States from Canada.
Supreme Court Justice Bartow S. Weeks’ sentencing statement, as reported in the New York Times on October 28, 1919, has created doubt about the accuracy of Paivio’s and Alonen’s entry into the Untied States in 1913. Weeks' comments about the legality of their immigration to the United States required further investigation. It became imperative to investigate their trial testimony about how and when they entered the United States. After doing so I felt, as it appears Justice Weeks also did, as if I was trying to work my way through a maze and at the end still had no meaningful answers.
Both Paivio and Alonen testified for themselves at their trial. They were questioned by their attorney Swinburne Hale and Justice Weeks. Carl Paivio testified first:

Direct Examination by Mr. Hale:

Will you tell us your full name?
Carl Paivio
How long have you been in America?
1915, I came.
You came in 1915?
Yes.
How did you come to this country?
Sailor.
Did you come on a sailing vessel?
Yes.
What port did you come to?
Dundee. A Finnish sailing ship.
What port did you come to?
Seattle, Washington.
Where did you go from Seattle, Washington?
To Astoria, Oregon.
Did you have a passport?
I did not have anything as I came as a sailor.

THE COURT: You had no passport?
THE WITNESS: I did not have a passport.

Did you go through the Immigration Bureau at Seattle?
No.

THE COURT: Were you admitted by any United States Government Official into the Country?
THE WITNESS: No one spoke to me personally. I came to land, and I stayed here.

THE COURT: Then he just jumped his ship. Is that what he means?
MR. HALE: I don’t want to say what he means.
THE COURT: Straighten it out. As I understand it, a sailor has to sign up for a cruise.
MR. HALE: Not necessarily, sir.
THE COURT: And the Master of any ship who permits a person, who is not a citizen to escape and come into this country without through the regular channels, is himself guilty of an offense. This is my understanding of it. Otherwise our attempts to control immigration would be absolutely futile.
MR. HALE: That is not my understanding of the law, in 1915. But that may of course be brought out.
I am asking simply how he came.
THE COURT: He came here without any passport, on a sailing ship, and when he got here he left the ship and come into the country.

Where did you engage as a sailor upon that ship?
In Finland.
What port in Finland?
At Kotka.
Did you sign any paper when you became a sailor on that ship?
Yes.
What does the paper say?
It said that I would be employed on that ship as a deckhand.

THE COURT: For a voyage to what place?
THE WITNESS: For cruise of six months.
THE COURT: Where to?
THE WITNESS: To Australia.
THE COURT: When did you leave Finland?
THE WITNESS: In 1913.

What month of 1913?
It was towards the fall of the year. I don’t remember whether it was in October or September.
Did the sailing boat go to Australia?
Yes, sir.
When did you land in Seattle?
In 1915, in the fall also.
How long were you on the sailing boat?
I was this entire time since I left.
Were you paid the wages due to you before you left the boat?
Yes, sir.

THE COURT: Didn’t you sign up again after you got to Australia?
THE WITNESS: Yes.
THE COURT: What did you sign for then? Did you sign for a return voyage to Finland?
THE WITNESS: All I did was to sign to stay on the ship further on its return trip.
THE COURT: The return trip to where?
THE WITNESS: It was coming to America, and I only signed for the return trip.
What do you mean by the return trip?
I mean coming back from the place to which she originally was going.

THE COURT: Returning back where?
THE WITNESS: She came to America, and that is all I know about it.

Did the paper that you signed say you were to go back to Finland?
I did not see anything like that.
When did you fi rst come to New York City?
In December, 1917.
Where did you live when you came in December, 1917?
400 East 145th Street.
Now, tell us where you were born?
Finland
What part of Finland?
Toysa Parish.

Did Carl Paivio, as he testified, travel to Australia in 1912 and then on to the United States in 1915? Available documentation does not substantiate Paivio’s trial testimony.
New South Wales, Australia, Government Unassisted Immigration Passenger Lists, 1826-1922 identifies Karl Paivio as a seaman aboard the four-masted steel barque Fennia. The record indicates that the Fennia arrived in Sydney on May 2, 1912. This information is confirmed by another New South Wales document that indicates the Fennia’s arrival on May 2, 1912 and two other arrival dates July 1, 1901 and October 23, 1913. None of these dates collaborate Paivio’s testimony.
The Sydney Morning Herald of Wednesday May 29, 1912 published a notice about the Fennia:
The Russian four-masted barque Fennia, which is bound for the West Coast, via Newcastle, did an expeditious discharge of her cargo – 1,800,000 feet of Baltic pine and 500 tons of iron, the latter being carried as ballast. She took in 500 tons of coal as ballast, the whole work being done within 14 days.
Is the “West Coast” that of the United States, and did the Fennia in fact depart Australia in 1912 and arrive at an American port on its West Coast? Documents for the states of California, Oregon and Washington show that the Fennia had arrivals in California on June 17, 1905; Oregon on September 29, 1905 and March 1, 1907 and Seattle, Washington on March 13, 1907. No arrival in 1912 or 1913 is indicated, nor is Paivio listed on any passenger document for any of these ports. The 1920 Federal Census is the only one that includes Paivio – that was the year he was in prison. His information in the Census indicates that he arrived in the United States in 1914.

Gust Alonen’s testimony was hardly any less confusing:

Direct Examination by Mr. Hale:

Where were you born, Alonen?
Born in Sweden.
What nationality were your parents?
Finns.
Did you go back to Finland from Sweden?
I don’t remember having ever been in Sweden at that time when I was born, but my mother told me that. I lived in Finland. I was so small when I left Sweden, that I don’t remember, but I lived in Finland as a citizen of Finland.
At what age did you begin to work?
I have done work since ever I was six years old.
What trades have you worked at?
I worked at cabinet making, painter, carpenter, sailor, woodsman, and common laborer sometimes. Many others. Fisherman.
How old are you?
42.
How long have you been in this country?
I don’t know how you count it.

THE COURT: What year did you come?
THE WITNESS: I came the first time in 1894.

How old were you then?
17, I think.
What were you doing then, when you came in 1894?
I went to California. I went to Humbolt County and worked in the woods about four years, and then I took a ship and went to Australia.
When did you come back to America again?
In 1906, I think.

THE COURT: 1906?
THE WITNESS: Yes, sir.

Was that the last time you came to this country?
I took a ship in 1913 and went to Australia again from Oregon, and I came back to San Francisco.
When did you come back to San Francisco that time?
In 1914.
What month in 1914? Do you remember?
I cannot exactly say for sure, but it was May or June, I think.
Where did you live in 1914?
I lived in San Francisco, California.
What did you work at there?
Carpenter.
And where did you go from California, and when?
I think I come in 1915 – 1916 it was, I come to New York.
You came to New York in 1916?
Wait a minute. I have been in so many places, that I cannot figure this all out. I get mixed up.
Let me ask you this. How many states of the union have you worked in?
I worked in only two states. California and New York. Also Oregon.
Since you came to New York in 1916, have you remained here continuously?
Yes.
Your residence has been in New York for the last three years, has it?
Yes
What have you worked at in New York?
Carpenter.
Anything else besides a carpenter?
Dock builder.
Carpenter and dock builder, is that all?
Yes, this time that is all.
In the year 1918 where did you live in New York?
In 1918 I lived in 400 East 145th Street.

Worst than Paivio, no Australian or United States passenger or ship record can be found for Alonen during the time period he describes.
Perhaps the testimony by both Paivio and Alonen is truthful. On the other hand, further testimony by Alonen specifically displays his adamant refusal to answer questions that might implicate others and who would then be charged with “criminal anarchy”.
Alonen was asked by the Court for information about an organizational meeting for the publication Luokkataistelu that he already testified had occurred in Harlem. When asked by the Court, “What address in Harlem?” Alonen answered, “I don’t want to describe anything that will lead to somebody else’s arrest”. When the Court once again asked Alonen, “Will you tell us what street that meeting was held at? Alonen once again replied, “I won’t tell anything that leads to arrests”.
Justice Weeks, to be sure, was perplexed by the testimony of Alonen and Paivio, but the Court appeared to have been satisfied with the information that Alonen and Paivio permanently arrived in New York City and both resided in 1918 at 400 East 145th Street. It was from this point that New York State began to build its case against Paivio and Alonen for conspiring to commit criminal anarchy against the government of the United States of America.

Activism and criminal prosecution

When the United States entered the First World War it created a military conscription, or draft, to provide the manpower that was needed. In 1917 and 1918 over 24 million men registered for the military draft. Gust Samuel Alonen was one of those 24 million. He indicated that he was born on March 21, 1877 and resided at 400 East 145th Street Bronx, New York with his wife Ida Alonen. Alonen was employed as a dock builder by the George Spiering Company of Brooklyn, New York.
No World War I registration, on the other hand, was found for Paivio. He did, however, register as Carl Einar Paivio for the World War II military draft registration as was required by all men born between April 28, 1877 and February 16, 1897. He indicated that he was born on November 23, 1893 in Toysa, Finland and resided at the time of this registration in 1942 at 94 East 123rd Street in New York. He was employed as a “field man” for the International Workers Order located at 80 Fifth Avenue New York. Alonen was not required to register for the World War II draft because he was born before April 1877.
The one thing that is certain for both Paivio and Alonen is that in the years surrounding the First World War they were both members of the International Workers of the World (I.W.W.) A group of Finns, which included Paivio and Alonen, became a splinter group within the I.W.W. They represented a “decentralist” group within the I.W.W. According to the Lusk Committee report to the New York State Legislature in 1920, these Finns “… were anarchists adhering to syndicalist principles but did not believe in any kind of centralized power, centralized organization or centralized government”. The Committee further concluded that even though the “… group was thoroughly anarchistic, it was apparent that they desired to carry on their propaganda under the cover of the I.W.W., and as exponents of the doctrine of decentralism”.
Paivio and Alonen were members of a Finnish I.W.W. local in the Bronx – a borough of New York City. Elizabeth Gurley Flynn, a feminist radical, I.W.W. member, founder of the American Civil Liberties Union (ACLU), and the fi rst female head of the American Communist Party remarks in her autobiography “The Rebel Girl: An Autobiography, My First Life (1906–1926)” that this I.W.W. Bronx local was torn apart by an anti-communist feud.

Alonen and Paivio were at the center of this schism. Wanting to promote a more radical philosophy they collaborated in publishing the Finnish language publication “Luokkataistelu” – “The Class Struggle”. Carl Paivio was the editor and Gust Alonen the associate editor.
Again, Elizabeth Gurley Flynn recalls in her autobiography that the I.W.W. Bronx local brought Alonen and Paivio up on charges as “Communists”, “A lengthy document was prepared by their accusers, giving all the ‘evidence’ of their Communist sympathies and attachments. This was turned over to a higher body – a central committee of all I.W.W. locals….”. This was the I.W.W. headquarters at 27 East Fourth Street in Manhattan that on June 21, 1919 became the target of investigation by the Lusk Committee.

During their raid on the I.W.W. headquarters the Lusk Committee uncovered copies of “The Class Struggle”. The article of primary interest to the Committee from the March 1919 issue of “Luokkataistelu”, was entitled “The Activity of the Rioting Masses”, It is the content of this article from which the charges of criminal anarchy were made against Carl Paivio and Gus Alonen. The significant portion of the article used in the indictment was:
“It is part of our duty to ask you individuals and groups of the working class who have remained true to your ideals no longer to ask of you comrades during the strikes and other demonstrations to remain peaceful, because through that time the class which is in power will receive courage to destroy us and to imprison us. Don’t show them any more friendship and do not support this system of theirs with your almighty work, but organize into mobs. Destroy everything which gets in the way of your aspirations and is property of the enemy….
Practically only through mob action can be used the most effective weapon of the working class – sabotage. (Only made obligatory by circumstances of a mob fight.)
To hell with the peaceful teaching of revolution. The only possible rise to power of the working class is bloody, because as long as our enemy is able to raise even one sword a bloodless fight is a day dream”. (New York Times October 10, 1919)
The Lusk Committee investigators needed to employ their best investigative skills to ascribe authorship of the “anarchist” statements to Paivio and Alonen. The investigation led the committee to Emil Kaarna a printer who identified Alonen and Paivio as the men he communicated with about printing “Luokkataistelu”. Alonen was arrested on August 7, 1919 in New York, but Paivio was out of the state. Letters found in Alonen’s possession from Paivio indicated that he was in Detroit, Michigan. As a result, Paivio was arrested by New York and Michigan law enforcement officials in Detroit on August 13, 1919.
The judicial system moved quickly with the trial of Paivio and Alonen starting on October 6, 1919 and ending twenty-three days later. Both men were the first to be convicted in New York State of criminal anarchy, “…based on [the] articles alleged to have been written or offered for publication by the defendants advocating overthrow of government”. (New York Times October 25, 1919)
On October 28, 1919 Supreme Court Justice Bartow S. Weeks sentenced Gust Alonen and Carl Paivio to prison terms of from four to eight years in New York’s Sing Sing Prison. In imposing this sentence Justice Weeks said:
“Before imposing sentences I want to impress upon both of you defendants and also upon your friends and followers, and through them upon the entire country and every one in this country, not only aliens who decline to accept the privileges here, but also upon the unbalanced citizens of this country, whether native born of naturalized, that in the opinion of this country the crime of which you have been convicted is but another form on treason and that the proper and legal punishment for treason is death and that those who violate the statute are fortunate that the punishment is limited to imprisonment. It is just as much treason to issue and promulgate such literature as you men have been found guilty of promulgating as if you had actually organized an army to attack the Government of the United States, because you were only taking in this article the first step. This was not the last step you intended to take. This article counseled the overthrow of Government by force and the use of arms. Some one who I am satisfied was one of your group not only believe in that, but actually prepared themselves to use force by means of arms”. (New York Times October 29, 1919)
The court also called for the deportation of both Paivio and Alonen to Finland when their sentences expired. The court believed that the information that Paivio and Alonen gave the court as to how they came to the United States would assist the authorities and make deportation easier.
Gus Alonen and Carl Paivio were far from the only individuals prosecuted in New York State under the State’s criminal anarchy legislation. Hundreds were indicted but few were convicted and served a prison sentence after conviction. Those who were convicted in New York State became the focus of an effort by the American Communist movement to raise funds for their legal defense. To achieve that end, the American leftist community created in 1920 the National Defense Committee. Their fund raising efforts were highlighted with a poster
“Class War Prisoners in New York State” which included the pictures of Gus Alonen and Carl Paivio.

The journey renewed

Even though Justice Weeks warned both Alonen and Paivio in his sentencing that after their prison term ended they would face deportation; that did not happen. For the next three decades Alonen and Paivio’s lives took separate paths as they both continued, however, to be involved with the American left.
It appears from all accounts that Gus Alonen remained in the northern suburbs, Westchester County, of New York City for the next three decades. At the time of his arrest and imprisonment, Alonen was married to a Finnish immigrant Ida and they had a son Elmer. In the 1920 Federal Census Alonen was listed as an inmate in Auburn prison in upstate New York. He was transferred there from Sing Sing prison to which he was originally assigned by the court. Once Alonen was released from prison in 1923 the family relocated to Westchester County. New York City’s northern suburbs in the 1920’s and 1930’s became a haven for many members of New York’s leftist organizations. Numerous “utopian” communities were established in Westchester including one named Mohegan Colony. “Mohegan Colony was founded in the twenties [1923] as an anarchist community, populated by, as one long time observer of the scene puts it, ‘a bunch of idealists who wanted to get away from crassness and materialism” (Roger M. Williams, American Heritage Magazine, April 1976.) Williams also mentions that’ “… Ben Gitlow, a high [Communist] party official lived at Mohegan”. The members of the Colony established a school based on the principles of the Modern School movement founded by the Spanish anarchist educator Francisco Ferrer.
A first-hand view of the Mohegan Colony is provided by Paul Avrich in his book “Anarchist Voices: An Oral history of Anarchism in America”. Avrich reveals that, “There were six or seven Finns, including Gus Alonen, a builder by trade, who built one of the first houses there and helped in the building of the school. He believed in health foods, sauna baths, and chiropractic”. And so it was when the 1930 Federal Census listed Gus Alonen, Ida and Elmer as residing at 178 Mohegan Colony in the Town of Cortlandt in Westchester County New York. Alonen owned his home, valued at $3,000, and was identified as a carpenter of buildings. Gus Alonen was 50 years of age, Ida 45, and Elmer 10. It appears that Alonen made the deliberate decision for his family to live in a community that provided a supportive environment for the political views and life style he wanted to continue with after his release from prison.
Further evidence for Alonen’s residency in Westchester County during this time period is the immigration record in September 1929 for his wife and son. They are identified as returning to the United States from a trip to Finland where they visited Ida’s family. Ida’s home village was Kankaanpaa and she was visiting her uncle Juho Ylipeijari in Jamijarvi. Signifi cant to this timeline, however, is the fact that Ida denotes her husband Gus Alonen of Peekskill, New York (Westchester County) as her contact person in the United States.
On the lighter side, another confi rmation of Alonen’s residency in Peekskill is a Canadian border crossing document for November 7, 1932. Alonen crossed into Canada at Rock Island, Quebec with $80.00 in his possession and in search of Christmas trees. Alonen indicated that he was a businessman engaged in the sale of Christmas trees. He also identified his wife Ida as his contact person in Peekskill, New York. Alonen and his wife continue their residency in Peekskill through the next decades. Again, Avrich recalls in his oral history that Alonen “...was killed in an automobile accident on Crompond Road [Peekskill] during the 1950’s”. In addition his wife Ida died in July 1982, as recorded in the Social Security Index, in Peekskill.
Carl Paivio’s life upon his release from Clinton prison in 1923 was similar to Gus Alonen’s in that he continued to remain involved in leftist organizations. His World War II registration form from 1943 indicated that he was employed by the Industrial Workers Order at 80 Fifth Avenue in Manhattan as a “field man”. Over the next few years he relocated within New York City a number of times. He eventually became the national secretary of the Finnish America Mutual Aid Society, and continued through the 30’s and 40’s to be a prominent leftist political organizer, lecturer, and instructor. These activities required him to travel extensively throughout this period.
In 1946 Paivio made a trip to Finland to visit his family. He left in October with a ticket paid for by the Mutual Aid Society and returned at the end of December. He now indicated that his residence was in the Bronx and that he remained unmarried.
Once again, after the end of World War II and the beginning of the Cold War, the United States became embroiled in another “Red Scare;” this time the Mc-Carthy Era. United States Senator Joseph McCarthy led the movement to uncover suspected Communists in the American government, school systems, and organizations deemed a threat to the United States. This was in so many ways similar to the events surrounding the First World War. Carl Paivio once again found himself accused of being a Communist. Elizabeth Gurley Flynn confirmed in her autobiography that, “… Carl Paivio later became a Communist, was held for deportation under the McCarran Law and kept on Ellis Island for many months”. The New York Times on April 18, 1952 published the obituary for Carl Paivio indicating that he “…came to this country as a young man from Finland. He became a member of the carpenter’s union and because of his activities was sentenced to jail for several years…. He had been charged with being a Communist, and deportation proceedings were pending against him”.
It is obvious that from the outset of their arrival in the United States both Carl Paivio and Gus Alonen became “activists” in America’s leftist movement. Even though a generation separated the two, Paivio was 24 and Alonen 42 when they entered Sing Sing Prison on October 28, 1919, they found common ground as the two collaborated as editors of “Luokkataistelu”. Paivio and Alonen were the first targets of New York State’s Lusk Committee to face trial for violating the State’s criminal Anarchy law. They, like all “activists” in the leftist movement in the United States, were at various times referred to as organizers, anarchists, socialists, and communists. It appears that Paivio and Alonen could and were characterized as all of them. There is no doubt, however, that the lives of Gust Alonen and Carl Paivio were tightly interwoven with the major events of the history of the United States in the first half of the twentieth century.

Resources

Ancestry.com Border Crossings: From United States to Canada 1908-1935.
New South Wales, Australia, Unassisted Passenger Lists, 1862-1922.
New York Passenger Lists 1820-1957
Social Security Death Index.
United States Federal Census 1920 and 1930.
World War I Draft Registration Cards 1917-1918.
World War II Draft Registration.

Literature

Avrich, Paul, Anarchist Voices: An Oral History of Anarchism in America, AK Press 2005.
Avrich, Paul, The Modern School Movement: Anarchism and Education in the United States, AK Press 2006.
Flynn, Elizabeth Gurley, The Rebel Girl: An Autobiography, My First Life (1906-1926) International Publishers, NY 1973.
Gitlow, Benjamin, I Confess: The Truth about American Communism, E.P.Dutton 1940
New South Wales, Australia State Records, Index to Vessels Arrived, 1837-1925.
New York State Legislative Documents, Volume 17, New York State Legislature 1921.
New York State Legislature Joint Legislative Committee to Investigate Seditious Activities, Revolutionary Radicalism (Vol. I-II), J. B. Lyon 1920.
New York State Archives, Receiving Blotter for Carl Paivio Sing Sing Prison, October 28, 1919.
New York State Archives, Receiving Blotter for Gust Alonen Sing Sing Prison, October 28, 1919.
New York State Archives, Transcript Register of Male Inmates for Carl Paivio Auburn Prison Volume 4 December 9, 1919.
New York Times, October 10, 1919; October 11, 1919; October 25, 1919; October 29, 1919; August 4, 1951; August 18, 1952.
The People of New York State vs Carl Paivio and Gust Alonen, Trial Transcript October 8, 1919.
Pfannestiel, Todd J., Rethinking the Red Scare: The Lusk Committee and New York’s Crusade Against Radicalism, 1919-1923, Routledge, New York 2003.
Sydney Morning News, Sidney Australia May 29, 1912.

Photo's

Carl Paivio and sister Heidi Annala. Source: “Carl Paivio Papers, Box 1, Folder 1, Immigration History Research Center, University of Minnesota” http://ihrc.umn.edu/

Carl Paivio 1919. Source: “Revolutionary Radicalism”
Report of the New York State Joint Legislative Committee, April 24, 1920

Gust Alonen 1919. Source: “Revolutionary Radicalism”
Report of the New York State Joint Legislative Committee, April 24, 1920.

Class War Prisoners in New York State. Source: “Carl Paivio Papers, Box 1, Folder 2, Immigration History Research Center, University of Minnesota” http://www.ihrc.umn.edu/

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Thomas Hyder is retired educator of United States history and economics. BA and MA degrees in history from State University New York, Cortland with additional graduate work in history at the University of South Carolina. Primary research interests are in United States immigration. Recent research and presentations have involved the development and use of digital resources for the teaching of immigration history.

Siirtolaisuus-Migration 2/2011 - pp. 21-30.
An American Journey: The “Activist” Lives of Gust Alonen and Carl Paivio
http://www.siirtolaisuusinstituutti.fi/art/pdf/SM_2011_2.pdf

Expulsions, Migrants and a military coup d'etat in Argentina

Elite Nationalism and Cosmopolitical Change
Expulsions, Migrants and a military coup d'etat in Argentina

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Cosmopolitanism evolved from posture to practice, from ideological pose related to the universalist pretensions of the Enlightenment to quotidian behaviors and encounters in the multinational neighborhoods of New York, São Paulo, or Montevideo. These and other immigrant cities of the Americas became linked to the new Atlantic world by the massive circulation of people, goods, technologies, ideologies, text, images, institutional and organizational models, highbrow art and popular music, and anything from recipes for chicken soup to recipes for anarchist bombs. In terms of the density of connections and the proportion of the population that it connected, this new Atlantic was indeed a far cry from the old colonial Atlantic of galleons, silver, sugar, and slaves. The broad and incessant circulation of people and material and cultural goods through places like New York and Buenos Aires embodied the two most distinguishing characteristics of the modern: the intense connection of the local and the global, and massification. Mass mobility, mass communication, mass consumption, mass culture, mass politics — in a word, the formation of mass societies — became, unarguably, the trait that most clearly differentiated the modernity of 1900 from that of the colonial period and the “early modern” world.

(..)

As a result, nationalism emerged as antiliberal, elitist, Catholic, and Hispanophilic in Argentina (similar to the French variety) and as liberal, populist, secular — or even anticlerical, as the expulsion of priests discussed by Yankelevich indicates — and indigenist in Mexico (similar to the Italian variety). Even the xenophobic elements that they seem to share took different forms. In Mexico, it was directed, mainly from below, toward foreign imperialism and what were perceived as privileged foreigners. In Argentina, it came mainly from above and was directed toward radical working-class immigrants and Jews. This explains the particularities of the expulsion policies studied by Yankelevich.
The banishment of people from a realm is evidently an ancient practice. But the expulsion of targeted individuals on the basis of state membership — as opposed to the ostracizing of citizens, the transportation of convicts to colonies, or corporate expulsions such as those of Jews, Muslims, Irish Catholics from Ulster, or Jesuits — is a relatively recent phenomenon that emerged during the period of mass migration. France pioneered the practice, expelling in a single year (1894) a larger number of foreigners (820) than Mexico deported during the 1911 – 40 period. Argentina followed suit, expelling about a thousand immigrants between 1902 and the early 1930s. Brazil, after 1907, and Cuba and the United States, mainly right after World War I, also expelled large numbers of foreigners. These deportations, however, were carried out from above, by the state’s security apparatus, without any input — and with little pressure — from the population, and almost all of those expelled were radical workers. Indeed, the legislation and government documents normally referred specifically to the “expulsion of anarchists.”

(..)

The bulk of the Jewish community concentrated, thus, in the working and lower middle class. Jews were, along with Catalans, the most overrepresented group in the anarchist movement. And the most renowned working-class hero in the country during the first half of the twentieth century was Simon Radowisky, an 18-year-old Yiddish-speaking mechanic born in a shtetl near Kiev, who avenged a police massacre of workers during the 1909 May Day demonstration by assassinating Buenos Aires’ chief of police. More than a dozen books and thousands of newspaper articles and leaflets appeared in the following decades to eulogize “our Simón,” and in them, one cannot find the words murderer or assassin — the common terms employed in the “bourgeois” press. Radowisky was always the “avenger,” the “retaliator,” the “justice giver [el justiciero],” the “martyr of Ushuaia” (the town where the prison was located), the “libertarian saint [santo ácrata].” These eulogies and the general stereotype of Jews as anarchists could explain, I have argued elsewhere, the relative absence of working-class anti-Semitism in Argentina during the first half of the twentieth century. This attitude may have changed with the inroads of nationalism in the labor movement during the Peronist period, and the social composition of the Jewish community probably shifted.

(..)

Students of Peronism may also underestimate the level of popular organization and mobilization and the political activism of civic associations in pre-Peron Argentina. By the early twentieth century, and due mainly to mass immigration, the country had one of the highest numbers of secondary associations and participation per capita in the world. These ranged from anarchist groups to sport clubs and from Landsmanshaftn (associations formed by immigrants from the same village) to the largest mutual aid societies in the Western Hemisphere. The majority of these associations did not normally engage in formal politics or lobby the government, because in the booming and liberal economy of the period the bulk of social resources were allocated (particularly for immigrants, whose rate of naturalization was less than 2 percent) through the market and secondary institutions rather than through the state. But voluntary associations could, and did, pressure the government when their interests were at stake. After all, the pressure of labor, ethnic, and other workingclass organizations forced President Yrigoyen in 1930 to pardon Radowisky (the assassin of the highest representative of the forces of social control, no less), in spite of the intense opposition of the upper classes and of Yrigoyen’s fears (as it turned out, not unfounded) of a military coup d’état.

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A Continent of Immigrants: Postcolonial Shifts in the Western Hemisphere
José C. Moya
In: Hispanic American Historical Review (2006) 86:1, p. 18, pp. 20-21, pp. 25-26, p. 27.

A. Berkman (1919) 'Deportation' — Its Meaning and Menace

Alexander Berkman and Emma Goldman
Deportation — Its Meaning and Menace: Last Message to the People of America
Ellis Island, New York, U.S.A., December, 1919.

http://www.theanarchistlibrary.org/pdfs/a4/Alexander_Berkman_and_Emma_Go...

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Title: Prison Memoirs of an Anarchist
Author(s): Alexander Berkman
Date: 1912
Topics: autobiographical prison repression
http://www.theanarchistlibrary.org/pdfs/a4/Alexander_Berkman__Prison_Mem...

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1920

January 2 and 6
U.S. Attorney General A. Mitchell Palmer, in coordination with Justice Department agent J. Edgar Hoover and immigration commissioner Anthony Caminetti, orders the arrest of approximately ten thousand alien radicals.

January 17
S.S. Buford lands at Hangö, Finland. On Jan. 19 the deportees are met at the Russo-Finnish border by Russian representatives and received warmly at a mass meeting of soldiers and peasants in Belo-Ostrov.

February
Goldman and Berkman settle in Petrograd where they renew their friendships with William Shatoff, now working as Commissar of Railroads, and John Reed. Meet with Grigory Zinoviev, director of the Soviet Executive Committee, and briefly with Maxim Gorki at his home in Petrograd.

Attend a conference of anarchists, including Baltic factory workers and Kronstadt sailors, who echo criticisms of the Bolsheviks voiced by Left Social Revolutionaries and others who have paid visits to Goldman and Berkman in this period.

February 7
Death of Goldman's sister Helena Zodikow Hochstein.

(..)

http://sunsite.berkeley.edu/Goldman/Guide/chronology2040.html

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EMMA GOLDMAN:
A GUIDE TO HER LIFE AND DOCUMENTARY SOURCES
http://sunsite.berkeley.edu/Goldman/Guide/

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