A-7941759
Decided by Central Office August 14, 1951
"Subversive" — Exclusion ground — Section 5, act of October 16, 1918, as amended by section 22 of the Internal Security Act of 1950 — Mere subscription to an official news organ of a proscribed organization.
A mere subscription to the Canadian Tribune, the official organ of the Labor Progressive Party of Canada, does not, of itself, establish a ground of inadmissibility comprehended within the provisions of the act of October 16, 1919, as amended by the Internal Security Act of 1950.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1918, as amended — Subscribe to Canadian Tribune.
BEFORE THE CENTRAL OFFICE
Discussion: The applicant, native of Poland, naturalized citizen of Canada, 28 years old, male, resident of Montreal, Canada, applied for admission to the United States as a temporary visitor on January 23, 1951. Inspection was deferred and on February 20, 1951, the applicant was notified that he had been temporarily excluded from the United States under section 5 of the Immigration Act of October 16, 1918, as amended by section 22 of the Internal Security Act of 1950. Thereafter it was ordered that a hearing be held before a board of special inquiry to determine the applicant's admissibility into the United States. At the conclusion of the hearing held April 9, 1951, the applicant was found to be inadmissible to the United States on the ground stated above and the case comes forward on appeal from the excluding decision.
The finding of inadmissibility was predicated upon the applicant's admitted subscription to the Canadian Tribune. The applicant admitted that about 1946 he had paid a dollar for a year's subscription to the Canadian Tribune. The applicant stated that he knows now that the Canadian Tribune is the official organ of the Labor Progressive Party of Canada, and that he knew that the publication had to do with communism, but asserted that he did not know whether the publication was really Communist or not. The applicant stated he continued to receive the Canadian Tribune for perhaps as long as 9 months, but that he has not received it since 1947 or 1948. He denied membership in the Labor Progressive Party or the Communist Party, and disclaimed any interest in Communist or totalitarian philosophy or ideology. He denies voting for any Communist Party member.
It is quite apparent that the sole reason for the finding of inadmissibility by the board of special inquiry rests upon the applicant's admitted subscription to the Canadian Tribune. It is not believed that a mere subscription to a newspaper can be said to constitute a donation to a proscribed organization so as to constitute affiliation as that term is defined in the act of October 16, 1918, as amended by the Internal Security Act of 1950. It is to be recognized that a mere subscription is involved in this case, and not a donation to the Canadian Tribune fighting fund or to the Canadian Tribune financial fund, the latter of which might be construed as affiliation with the Canadian Tribune Publishing Co. It is noted that the nature of the Canadian Tribune Publishing Co. has not been established by evidence in the record; however, it is not deemed necessary to establish the nature of that organization.
Upon a full consideration of all the evidence, it is concluded that a mere subscription to the Canadian Tribune does not establish a ground of inadmissibility comprehended within the provisions of the act of October 16, 1918, as amended by the Internal Security Act of 1950. Accordingly, the appeal will be sustained.
Order: It is ordered that the appeal be sustained.