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Chapter 5 Radicals and Asians In 1912, a few years after Emma Goldman’s denaturalization, Leonard Oleson was denaturalized on new legal grounds—“lack of attachment” to the U.S. Constitution. On September 21, 1910, the chief naturalization examiner in Seattle requested that the U.S. attorney institute a denaturalization proceeding.1 During his hearing, Oleson denied that he was an anarchist or opposed to organized government. He declared himself a socialist, “willing for people to retain their money, but insisting that all the land, buildings and industrial institutions should become the common property of all the people.” Oleson declared that this object could be attained “by the power of the ballot” and “when that object shall be attained the political government of the country will be entirely abrogated, because, there will be no use for it.” U.S. District Judge Cornelius H. Hanford declared that Oleson had no reverence for the Constitution, nor any intention to support and defend it against its enemies and was not “well disposed toward the peace and tranquility of the people.”2 Hanford cancelled Oleson’s certificate of naturalization on May 10, 1912. In the following days, letters of protest were sent to President William Howard Taft, and the Attorney General asked the U.S. attorney involved in the case for more information.3 After receiving his report, Wickersham sent a short and firm reply: “Department thinks Judge Hanford has committed grave error in cancelling Oleson’s certificate of naturalization upon grounds stated in his opinion. You are instructed to cooperate with respondent in effort to have case responded and judgment set aside.”4 Wickersham was again proving himself a defender of civil liberties. A few weeks earlier, he had refused to prosecute the Industrial Workers of the World (IWW or Wobblies) under federal law for “seditious conspiracy” in a Southern California free speech case.5 Despite strong pressure from the superintendent of the San Diego Police Department, Senator John Works of 66 A Conditional Citizenship California, and President Taft himself “to show the strong hand of the United States”6 against the IWW, Wickersham followed the advice of his assistant attorney general, William Harr: he instructed the reluctant local U.S. attorney not to prosecute the IWW.7 Harr had argued that despite the fact that the Wobblies were “self-confessed liars and lawbreakers,” there was nothing indicating a specific attack on the U.S. government.8 A few weeks later, in regard to the Oleson case, Wickersham explained his position: As I read Judge Hanford’s opinion, it proceeds upon the idea that Oleson is disqualified because he is a socialist and advocates radical changes in the institutions of this country—specifically communal instead of individual ownership of land, buildings and industrial institutions , such changes to be brought about by the use of the ballot. This view rests upon the theory that the Constitution of the United States is immutable, whereas it provides in itself for amendment by the people through the use of the ballot. If Oleson is disqualified because he advocates communal ownership of certain property, to be brought about by the use of the ballot, so also are they disqualified who advocate the direct election of United States Senators and Government ownership of railroad, which is to be accomplished in the same way. It needs no citation of authority to demonstrate the right of every citizen to seek within the Constitution, to accomplish such changes in the structural Government as he thinks wise. The fact that the doctrines avowed by Oleson may be repugnant to the majority of the people is no reason for denying to him the equal protection of the laws.9 Wickersham also thought that the suit to cancel Oleson’s certificate of naturalization was based upon an erroneous interpretation of the law. The Naturalization Act required from the applicant that “he has behaved as a man . . . attached to the principles of the Constitution of the United States.” In other words, it requires behavior and not belief.10 Judge Hanford’s opinion indicates that he regarded the question as one of “belief” rather than “behavior,” which was for Wickersham clearly erroneous.11 Congress had disqualified on account of belief only those who “disbelieve[d] in or [were] opposed to organized government.” Oleson denied that he was an anarchist or opposed to organized government; he also denied that he was in favor of overthrowing the government by force or violence. “There is nothing in the facts as...

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