bridges wixon argued decided june statute providing deportation aliens members affiliated organization believes overthrow force government imports less membership sympathy working alliance bring fruition proscribed program proscribed organization distinguished mere proscribed organization lawful activities essential immigration act amended richard gladstein san francisco lee pressman washington petitioner sol fahy washington respondent justice douglas delivered opinion harry bridges alien entered country australia deportation proceedings instituted ground member affiliated communist party party advised taught overthrow force ment caused printed matter circulated advocated course statute force past membership past affiliation insufficient deportation present membership present affiliation required kessler strecker hearing examiner hon james landis concluded evidence established neither harry bridges member affiliated communist party secretary labor sustained examiner dismissed proceedings january act june congress amended statute provide deportation lien time entering time thereafter member affiliated organization character attributed communist party first proceeding second deportation proceeding instituted harry bridges amended statute ground member affiliated organization another hearing inspector designated conduct hearings make report hon charles sears found communist party organization character described statute marine workers industrial union affiliated communist party organization character entering country harry bridges affiliated organi ations member communist party recommended deportation case heard board immigration found harry bridges member affiliated either organizations time entered country attorney general reviewed decision board rendered opinion made findings accordance proposed inspector ordered harry bridges deported warrant deportation issued harry bridges surrendered custody respondent challenged legality detention petition writ habeas corpus district northern district california denied petition remanded petitioner custody respondent supp circuit appeals affirmed divided vote case petition writ certiorari granted serious character questions presented said harry bridges came australia returned australia since time longshoreman became active trade union work water front san francisco attorney general found much improve conditions existed among longshoremen reorganized headed international longshoremen association american federation labor union led maritime workers strike pacific coast president local international longshoremen association pacific coast president union broke american federation labor changed name international longshoremen warehousemen union became affiliated committee industrial organization bridges elected pacific coast district president union held office ever since also holds several important offices two grounds deportation order harry bridges one time communist party member different questions deal separately affiliation statute defines affiliation follows purpose section giving loaning promising money thing value used advising advocacy teaching doctrine enumerated shall constitute advising advocacy teaching doctrine giving loaning promising money thing value organization association society group character described shall constitute affiliation therewith nothing paragraph shall taken exclusive definition advising advocacy teaching affiliation stat doctrine referred overthrow government force violence organizations groups referred advise teach doctrine write circulate display like possession purpose written printed matter character ruling question whether alien communist party therefore deported ex rel kettunen reimer said affiliation proved alien shown conducted brought status mutual recognition may relied communist party fairly permanent basis must merely sympathy aims even willing aid casual intermittent way affiliation includes element dependability upon organization rely though equivalent membership duty rest upon course conduct abruptly ended without giving least reasonable cause charge breach good faith idea expressed dean landis first bridges report stating implies bond went say corporate field use embraces casual affinity occasional similarity objective ties connections though less complete control parent possesses subsidiary nevertheless sufficient create continuing relationship embraces units within concept system field eleemosynary political organization basic idea prevails concluded engaged bitter industrial struggles tend seek help assistance every available source intermittent solicitation acceptance help must shown ripened bonds mutual cooperation alliance entail continuing reciprocal duties responsibilities deemed come within statutory requirement affiliation expand statutory definition embrace within terms ad hoc objectives whose pursuit clearly allowable constitutional system friendly associations shown resulted employment illegal means warranted neither reason law legislative history throws little light meaning used statute imports however less membership sympathy terms statute includes contribute money anything value organization believes advises advocates teaches overthrow government force violence example throws light meaning term renders financial assistance organization may generally said approve objectives aims congress declared case alien contributed treasury organization whose aim overthrow government force violence cooperates organization wholly lawful activities fact said matter law conclusive cooperation intermittent showed rather consistent course conduct common sense indicates term setting construed narrowly individuals like nations may cooperate common cause period months years though ultimate aims coincide alliances limited objectives well known certainly joined forces russia defeat nazis may said made alliance spread cause communism individual makes contributions feed hungry men become communist cause men communists different result necessarily indicated aid given received proscribed organization order win legitimate objective domestic controversy whether intermittent repeated act acts tending prove must quality indicates adherence furtherance purposes objectives proscribed organization distinguished mere lawful activities act acts must evidence working alliance bring program fruition satisfied term construed either judge sears attorney general reports made case contain precise formulation standard employed way term used applied convinces us given looser expansive meaning statute permits judge sears report stated clearly word broader content membership narrower content sympathy generally continuity relationship bring word application concluded necessarily view statutory definition added may doubtless shown circumstantially assisting enterprises organization securing members taking part meetings organized directed behalf organization tend show affiliation weight given evidence course determined trier fact view apparently shared attorney general broad sweep given term application facts case illustrated following excerpt attorney general report sears summarizes bridges attitude towards communist party policies saying instances evidence establish membership affiliation communist party nevertheless show sympathetic cooperative attitude part party form pattern consistent conclusion alien followed course conduct affiliate communist party rather matter chance coincidence conclusion said judge sears strengthened consistently favoring nondiscrimination union men communist membership excoriating baiters called took opposite view cooperation communist party carrying program penetration boring within turn facts case little course conduct reveals cooperation communist groups attainment wholly lawful objectives associations harry bridges various communist groups seem indicate cooperative measures attain objectives wholly legitimate link sought tie subversive activities exceedingly tenuous one may said exist trade union unity league found communist organization chartered marine workers industrial union continued found proscribed organization union launched waterfront worker mimeographed sheet attorney general sustained judge sears finding bridges sponsored responsible publication shortly first appeared abandonment paper acknowledged assistance mwiu prior september question bridges took paper closely contested board immigration appeals finding bridges became connected september mwiu abandoned finding judge sears approved attorney general paper instrument mwiu communist party december abandonment domination control organizations period rested primarily following grounds acknowledged cooperation early issues paper subsequent favorable treatment organizations paper entire existence consistent attacks upon leaders support communist candidates political office advice read communist literature use addresses communists organizations evidence underlying findings examined found devoid showing waterfront worker advocated overthrow government force militant trade union journal aired grievances longshoreman discussed national affairs affecting interests working men declared war found evidence whatsoever suggests advocated overthrow government force finding bridges took project view advancing lawful cause unionism advice vice support office certain candidates said communists based entirely platform relief abolition vagrancy laws evictions gas water electricity unemployed unemployment relief advice read communist literature general specifically addressed comparative merits publications papers truthfulness labor news use addresses communist organizations especially stressed attorney general said judge sears demonstrate close cooperation communists communist organizations close cooperation sufficient establish within meaning statute must evidence working alliance bring proscribed program fruition must remembered marine workers industrial union sham pretense genuine union found assume illegitimate objective overthrowing government force also objective improving lot members normal trade union sense one cooperated promoting legitimate objectives certainly fact alone said sponsor approve general unlawful objectives unless also joined overall program communist cause sense statute uses term whether one member union without becoming communist party within meaning statute need decide harry bridges never member say cooperation made turn communist party impute belief adherence general unlawful objectives connection must remembered although deportation technically criminal punishment johannessen bugajewitz adams mahler eby may nevertheless visit great hardship deprivation right pursue vocation calling cf cummings missouri wall ex parte garland wall stated justice brandeis speaking ng fung ho white deportation may result loss makes life worth living assume congress meant employ term broad fluid sense visit hardship alien slight insubstantial reasons clear congress desired country rid aliens embraced political faith force violence believe congress intended cast wide net reach whose ideas program though coinciding legitimate aims groups nevertheless fell far short overthrowing government force violence freedom speech press accorded aliens residing country bridges california far record shows literature published harry bridges utterances made entitled protection revealed militant advocacy cause trade unionism teach advocate advise subversive conduct condemned statute inference must piled inference impute belief harry bridges revolutionary aims groups whose aid assistance employed endeavor improve lot workingmen water front enlisted aid denied justified course grounds get help aid cause union evidence opposed communist tactics fomenting strikes believed policy arbitration direct negotiation settle labor disputes strike reserved last resort dean landis stated first report statement political beliefs disbeliefs important given without reserve vigorously dogma faiths man proud represented mind aims existence fighting apologia refused temper winds caution avowal sympathy many objectives communist party times embraced expression disbelief methods wished employ revolutionary generally seem unequivocal distrust tactics generally included within concept democratic methods bridges aims energetically radical may admitted proof fails establish methods seeks employ realize framework democratic constitutional government permits observation equally pertinent record us construe used statute bring conduct attitudes within reach whether evidence justify finding strict sense statute uses term us say act innocent face may done evil purpose fate human stake presence evil purpose may left conjecture habeas corpus proceedings review evidence beyond ascertaining evidence support deportation order vajtauer commissioner detention invalid order deportation established alien ordered deported reasons specified congress mahler eby supra case review record convinces us finding based loose meaning term membership evidence used support finding harry bridges communist party also corroborate finding one time member organization may assume evidence though falling short requirements might admissible latter purpose difficulty finding membership like finding affiliation infirmity may challenged attack legality harry bridges detention deportation order rule regulations immigration naturalization service provides statements secured alien person investigation used evidence shall taken writing investigating officer shall ask person interrogated sign statement whenever recorded statement obtained person investigating officer shall identify person interrogation person shall oath affirmation whenever recorded statement obtained person investigation shall warned statement made may used evidence subsequent proceeding rule provides part recorded statement made alien general information form person investigation may received evidence maker statement unavailable refuses testify warrant hearing gives testimony contradicting statements made investigation government witness intimate harry bridges course examination asked statements allegedly made investigating officers months earlier statements signed made interrogation oath shown asked swear sign asked refused read record verified stenographer took officer testified later repeated statements witnesses statements joined communist party december walked bridges office one day saw bridges pasting assessment stamps communist party book bridges reminded attending party meetings admitted making statements investigating officers denied making particular statements judge sears admitted statements purposes impeachment substantive evidence board immigration appeals attorney general conceded statements admitted violation rules board held error consider statements affirmative probative evidence attorney general ruled alien raised question time hearing compliance departmental regulations obligatory deliberate rejection request exclude testimony rendered appropriate objections raised board objection raised alien throughout hearing however waived right object technical ground statement taken accordance rules one difficulty position bridges protest judge sears use statement maintained erroneously received without probative value though rest objection regulations fundamental difficulty original deciding body inspector hears case merely submits memorandum setting forth evidence adduced hearing proposed findings fact conclusions law proposed order case heard board immigration appeals authorized perform functions attorney general relation deportation supp case may go attorney general dicision objection evidence ground volates governing regulations made agency entrusted duty deciding whether case deportation established made soon enough objection use statements probative evidence made board attorney general specifically objected statements qualify regulations rules designed protect interests alien afford due process law action deciding body recommendation inspector determines whether alien ported rules afford protection crucial stage proceedings person power deport entrusted attorney general agency designates original trier fact whole record decision deport alien congress made accordingly answer say rules may disregarded called attention inspector assumed bilokumsky tod investigation view deportation legally entitled insist upon observance rules promulgated secretary pursuant law adhere principle rules designed safeguards essentially unfair procedures importance particular rule may gainsaid written statement earlier interviews oath signed afforded protection mistakes hearing mistakes memory mistakes transcription statements made conditions important fear prosecution perjury moreover asked swear sign statements refused fact refusal weight evaluating truth statements statements allegedly made hearsay may assume admissible purposes impeachment certainly admissible criminal case substantive evidence hickory block hold allow men convicted unsworn testimony practice runs counter notions fairness legal system founded relaxation rule alien exclusion cases see ex rel ng kee wong corsi dealing deportation aliens whose roots may become present case deeply fixed land true courts liberal relaxing ordinary rules evidence administrative hearings yet aptly stated interstate commerce co mission louisville nashville liberal practice admitting testimony imperative obligation preserve essential rules evidence rights asserted defended liberty individual stake highly incriminating statements used unsworn governing regulations inadmissible dealing procedural requirements prescribed protection alien though deportation technically criminal proceeding visits great hardship individual deprives right stay live work land freedom deportation times serious doubted meticulous care must exercised lest procedure deprived liberty meet essential standards fairness record us clear use ex parte statements highly prejudicial unsworn statements testimony one lundeberg accepted attorney general showing bridges member communist party testimony contradictory unreliable rejected attorney general finding lundeberg testimony treated attorney general independently finding different case determine whether testimony lundeberg alone sufficient sustain order attorney general unlike judge sears separate testimony lundeberg purpose finding membership lumped together found total weight sufficient tip scales harry bridges ruled unsworn statements testimony lundeberg believed doubt decided thus apparent unsworn statements weighed heavily scales also took unsworn statements well lundeberg testimony resolve doubt sharply contested close question whether finding made record testimony lundeberg alone wholly conjectural highly speculative lundeberg admittedly hostile bridges attorney general fail rule basis lundeberg testimony alone bridges member party beyond board immigration appeals significantly concluded apart unsworn statements evidence bridges membership flimsy support finding thus idle consider attorney general might ruled basis evidence cf ex rel hom yuen jum dunton issue membership close crucial case admit mere speculation since error admit unsworn statements bridges since crucial findings membership since issue close unable say order deportation may sustained without habeas corpus proceedings alien prove unfair hearing merely proving decision wrong tisi tod showing incompetent evidence admitted considered vajtauer commissioner supra page page case different evidence improperly received evidence wholly speculative whether requisite finding made deportation without fair hearing may corrected habeas corpus see vajtauer commissioner supra since harry bridges ordered deported misconstruction term used statute reason unfair hearing question membership communist party detention warrant unlawful accordingly unnecessary us consider larger constitutional questions advanced challenge legality petitioner detention deportation order judgment reversed reversed justice jackson took part consideration decision case justice murphy concurring record case stand forever monument man intolerance man seldom ever history nation concentrated relentless crusade deport individual dared exercise freedom belongs human guaranteed constitution decade powerful economic social forces combined public private agencies seek deportation harry bridges came country australia emerging pacific coast maritime strike recognized labor leader area bridges incurred hatred hostility whose interests coincided directly indirectly inhumane practices toward longshoremen bridges combatting personal viewpoint certain matters also antagonized many people conservative leanings agitation deportation arose industrial farming organizations veterans groups city police departments private undercover agents joined unremitting effort deport ground connected organizations dedicated overthrow government force violence wiretapping searches seizures without warrants forms invasion right privacy widely employed deportation drive opposition bridges presence persistent undaunted temporary setbacks aims immigration naturalization service thorough investigation original charges unable find even evidence warranting deportation matter officially dropped campaign banish continued unabated eventually warrant issued immigration naturalization service seeking deportation clean bill health given however full hearing special examiner dean landis harvard law school led demands deportation laws changed make sure bridges exiled thereupon special bill introduced actually passed house representatives directing attorney general provisions law forthwith take custody deport harry bridges presence country congress deems hurtful sess fortunately bill died senate committee attorney general denounced inconsistent american practice tradition due process law substitute direct legislative assault upon bridges congress amended deportation law enacting section alien registration act stat amendment set aside decision kessler strecker making clear alien deported time entering time thereafter member affiliated organization advocating forceful overthrow government thus longer necessary alien affiliate member time issuance warrant arrest words author amendment joy announce bill perfectly legal constitutional manner bill specifically aimed deportation harry bridges seeks accomplish bill changes law department justice little trouble deporting harry bridges others similar ilk prophecy quickly realized satisfaction vast interests arrayed bridges warrant arrest deportation new statutory provision issued followed hearing another special examiner judge sears evidence presented government practically matters first proceeding time however examiner discovered sufficient grounds recommending deportation although board immigration appeals unanimously rejected recommendation attorney general without holding hearing listening argument reversed board ordered deportation bridges surprising background intensity effort deport one individual result singular lack due process law much evidence presented government described attorney general contradictory unreliable remaining government evidence scarcely described generous terms opinion join demonstrates proceeding validity undermined misconception statutory term improper use hearsay statements constitution silent anemic witness proceeding stood idly one subjects excommunicated nation without slightest proof presence constitutes clear present danger public welfare remained aloof individual deported resulting loss makes life worth living ng fung ho white finding regardless personal beliefs member affiliate organization advocating forceful overthrow government immutable freedoms guaranteed bill rights openly concededly ignored full wrath constitutional condemnation descends upon action taken government expressing wrath give form substance great indispensable democratic freedoms thomas collins nation dedicated unconstitutionality statute issue invalidity proceeding brought pursuant thereto obvious construed applied case statute calls deportation harry bridges fair hearing evidence established member affiliate organization advocating forceful overthrow government provision rests claim legality upon one basic assumption assumption obnoxious intolerable viewed light supernal heritage ideals nation assumption underlying statute power congress deport resident aliens unaffected guarantee substantive freedoms contained bill rights words government urged us deportation power congress unaffected considerations contexts might justify striking legislation abridgment constitutionally guaranteed rights free speech association premise follows congress may constitutionally deport aliens whatever reasons may choose limited due process requirement fair hearing color skin racial background religious faith may conceivably used basis banishment alien merely writes utters statement critical government subscribes unpopular political social philosophy affiliates labor union distributes religious handbills street corner may subjected legislative whim deportation unable believe constitution sanctions assumption consequences logically inevitably flow application power exclude deport aliens one springing inherent sovereignty chinese exclusion case chae chan ping since alien obviously brings constitutional rights congress may exclude first instance whatever reason sees fit turner williams bill rights futile authority alien seeking admission first time shores alien lawfully enters resides country becomes invested rights guaranteed constitution people within borders rights include protected first fifth amendments due process clause fourteenth amendment none provisions acknowledges distinction citizens resident aliens extend inalienable privileges guard encroachment rights federal state authority indeed previously expressly recognized harry bridges alien possesses right free speech free press constitution defend exercise right bridges california since resident aliens constitutional rights follows congress may ignore exercise power deportation said previous exclusion case never held must understood holding administrative officers executing provisions statute involving liberty persons may disregard fundamental principles inhere process law understood time adoption constitution japanese immigrant case kaoru yamataya sher less may statute face disregard basic freedoms constitution guarantees resident aliens chief justice dissenting opinion jones opelika stated first amendment prohibits laws abridging freedom press religion merely laws except tax laws token first amendment portions bill rights make exception favor deportation laws laws enacted pursuant power government hence provisions constitution negative proposition congress exercise power may override rights numbered among beneficiaries bill rights conclusion make constitutional safeguards transitory discriminatory nature thus government precluded enjoining imprisoning alien exercising freedom speech government time free constitutional standpoint deport exercising freedom alien fully clothed constitutional rights defending law stripped rights deportation officials encircle agree framers constitution meant make empty mockery human freedom since basic assumption statute false bill rights must brought bear done several constitutional infirmities apparent legislation see yale shown record case harry bridges done exercise personal right free speech association yet upon proof fact subject deportation statute invalidity legislation nature inescapable first deportation statute completely ignores traditional american doctrine requiring personal guilt rather guilt association imputation penalty punishment inflicted statute require alien deportable must personally advocate believe forceful overthrow government enough member affiliate organization advocates doctrine case government admits neither claimed attempted prove harry bridges personally advocated believed proscribed doctrine evidence moreover understood communist party advocate violent revolution ever committed tried commit overt act directed realization aim doctrine personal guilt one fundamental principles jurisprudence partakes essence concept freedom due process law schneiderman prevents persecution innocent beliefs actions others see chafee free speech pp yet deportation statute face present application flatly disregards rule condemns alien exile beliefs teachings may personally subscribe may even aware fact alone enough invalidate legislation cf dejonge oregon herndon lowry whitney california answer deportation proceeding technically criminal nature deportable alien adjudged guilty niceties shed significance concerned safeguarding ideals bill rights impact deportation upon life alien often great greater imposition criminal sentence deported alien may lose family friends livelihood forever return native land may result poverty persecution even death thus justifiable reason discarding democratic humane tenets legal system descending practices despotism dealing deportation second deportation statute invalid present danger test enunciated schenck clear organization advocated capable causing immediate serious violence order overthrow government alien member affiliate personally joined advocacy clear present danger public welfare demonstrated government power deport otherwise punish alien statute issue makes attempt require proof apparently satisfied organization time since alien became member affiliate advocated theoretical doctrine use force hypothetical conditions indefinite future time immaterial whether organization presently advocates abstract doctrine whether alien presently member affiliate whether presently adheres organization views matters alien member never knew understood organization illegal aim may resigned protest upon learning appears enough organization one time advocated unlawful doctrine alien member affiliate time past even longer one minute even clear organization advocacy violent revolution alien membership affiliation must coincide point time statute fails satisfy rational realistic test certainly pretend require proof clear present danger properly negative presumption individual rights constitution therefore founders constitutional waters government frankly concedes case tried decided theory present danger test application proof bridges membership affiliation communist party shown tenuous unreliable evidence ever introduced administrative legal proceeding proof communist party advocates theoretical ultimate overthrow government force demonstrated resort rather ancient party documents certain general communist literature oral corroborating testimony government witnesses slightest evidence introduced show either bridges communist party seriously imminently threatens uproot government force violence deportation grave consequences sanctioned weak unconvincing proof real imminent threat national security congress ample power protect internal revolution anarchy without abandoning ideals freedom tolerance nation lose part greatness whenever deport punish merely exercise freedoms unpopular though innocuous manner strength nation weakened suppress freedom others allowed freely think act consciences dictate concern case halt fate harry bridges alien whose constitutional rights grossly violated significance case far reaching liberties aliens nation also stake many aliens like many forebears driven original homelands bigoted authorities denied existence freedom tolerance dismal prospect discover freedom dependent upon conformity popular notions moment need make discovery bill rights belongs well citizens protects long reside within boundaries land protects exercise great individual rights necessary sound political economic democracy neither injunction fine imprisonment deportation utilized restrict prevent exercise intellectual freedom zealously guarding rights humble unorthodox despised among us freedom flourish endure land chief justice stone justice roberts justice frankfurter think deportation order sustained judgment affirmed case presents novel question constitution laws congress functions attorney general courts regard deportation aliens function limited one case decision turns application long settled rule reviewing fact findings administrative officers agencies courts without authority set aside findings supported evidence heretofore departed rule reviewing deportation orders upon collateral attack habeas corpus tisi tod vajtauer commissioner immigration costanzo tillinghast cases cited occasion congress exercise plenary power deportation aliens directed deportation alien time entry time thereafter member affiliated organization association society group believes advises advocates teaches overthrow force violence government writes circulates distributes prints publishes displays written printed matter advising advocating teaching overthrow force violence government act october stat amended act june stat act june stat congress committed conduct deportation proceedings administrative officer attorney general provision direct review action courts instead provided decision shall may constitutionally zakonaite wolf cases cited exercise authority issue writs habeas corpus may courts inquire whether attorney general exceeded statutory authority acted contrary law constitution bilokumsky tod vajtauer commissioner immigration supra authority deport alien turns determination fact attorney general courts said without authority disturb finding support evidence probative value proceeding attorney general following prescribed procedure issued warrant arrest petitioner charging entry member affiliated organizations type referred art deportation statute quoted attorney general authorized applicable statutes regulations appointed honorable charles sears experienced judge formerly appeals new york act inspector hear evidence charges hearings judge sears extended period nearly three months course evidence offered government petitioner represented counsel evidence contained hundred typewritten pages record three hundred exhibits record covers hundred printed pages conclusion hearings judge sears made memorandum decision found communist party marine workers industrial union relevant times organization believed advocated overthrow force violence government communist party also wrote circulated distributed printed published displayed printed matter advising advocating teaching overthrow force violence government findings challenged judge sears also found petitioner subject deportation recommended deported two separate independent grounds member communist party affiliated communist party marine workers industrial union part communist party opinion finding bridges membership communist party standing alone supports deportation order finding supported evidence deem unnecessary consider contentions opinion principally directed evidence membership two kinds may briefly summarized consists background testimony numerous witnesses much uncontradicted judge sears found true showed bridges long continuously associated communists communist party organizations exhibited sympathetic attitude toward communist party program important decisive issue us evidence concerning bridges interviews two witnesses true either interview showed bridges words conduct proved membership party one witness lundeberg prominent labor leader testified dined bridges home bridges along member communist party also present urged witness join communist party took place presence two members bridges family secretary lundeberg testified bridges said occasion afraid nobody know member communist party afraid one member communist party bridges denied making statements although admitted witness dined home several members family present others said present failed testify absence witness stand unexplained witness publicity director member communist party intimate bridges shared offices made statement members federal bureau investigation saw bridges office pasting assessment stamps receipts ment communist party dues communist party book witness certain petitioner membership book party bridges several occasions reminded witness att nding party meetings accuracy statement given evidence verified stenographer testifying witness read statement stenographic notes major schofield special assistant attorney general testified repeated substantially statement presence two witnesses demonstrated hostility government unwillingness testify testified called government witness made two statements times manner indicated true statements denied said bridges communist seen pasting assessment stamps communist party book judge sears saw heard witnesses ruled prior statements admissible declared decision believed accepted true lundeberg testimony prior statements supported finding bridges party member corroborated bridges associations communist party members organizations well circumstances appearing testimony unnecessary detail review board immigration appeals proposed findings rejected findings judge sears unsupported evidence attorney general declined follow recommendations board instead adopted findings judge sears therefore ordered petitioner deportation record single question decide evidence supporting findings judge sears attorney general bridges ber communist party said function perform judgment must affirmed determine issue need look beyond testimony lundeberg testimony believed bridges admitted membership communist party circumstances carry conviction truth fact admitted hearing officer judge sears trier fact attorney general courts say whether lundeberg believed deciding issue administrative officials take account facts four persons evidently friendly bridges according testimony present interview lundeberg bridges failed testify bridges failure call witnesses stands unexplained interstate circuit cases cited conclusion two administrative officers charged finding facts drawn testimony brushed aside saying statements inadmissible evidence triers fact might accepted lundeberg testimony without neither judge sears attorney general made acceptance one dependent acceptance word judge sears decision attorney general suggests regard testimony lundeberg statements without sufficient support finding bridges member communist party contrary declared accepted lundeberg testimony statements believed hardly said without accept credited evidence furnished witness sufficient support finding party membership record stop judge sears attorney general examined lundeberg testimony separately made separate findings effect given findings judge sears adopted attorney general show affirmatively bot officials accepted testimony lundeberg statements independently sufficient support finding bridges member communist party lundeberg testimony related wholly interview bridges lundeberg testimony judge sears said question answer whether government established bridges admitted lundeberg time specified member communist party admit judgment conclusive evidence fact examining lundeberg testimony considering demeanor witness stand strongly corroborative circumstance others position deny testimony failed judge sears said reach conclusion therefore conversation take place substantially testified lundeberg bridges admit lundeberg member communist party thus judge sears clearly stated lundeberg testimony alone sufficient sustain finding petitioner member communist party conclusion like examination statements related wholly interview bridges judge sears said thus concluded made statements attributed segerstrom stenographer major schofield also convinced truth overlook repudiation statements bridges denials facts recited therein consideration evidence bearing phase proceeding conclude lished narrations contained statement segerstrom conversation presence major schofield truth find fact accordance therewith bridges member communist party attorney general like separate examination lundeberg evidence made perfectly clear accepted judge sears findings said question witness matter credibility believed witness rather petitioner point accepted judge sears finding bridges believed conclusion inescapable administrative officers whose concurrent findings bound accept supported evidence make finding lundeberg testimony bridges party member dependent degree upon finding evidence bridges member party vice versa particularly case since lundeberg testimony cumulative membership communist party single time testified different time two years apart true attorney general introductory paragraph decision said evidence two witnesses accepted showing bridges member party evidence judge sears believed doubt decided went say question one credibility judge sears saw witnesses far better position decide question review board continued separate discussion witness testimony concluded without reference witness believed rather bridges judge sears conclusion credibility pendent upon like conclusion sustained record thus conclusively shows judge sears attorney general found lundeberg testimony alone bridges member communist party finding supported sworn testimony lundeberg admissible evidence probative force supports concurrent findings judge sears attorney general bridges party member time reject finding said taken conceding prior statements improperly admitted rejects two grounds admitted violation departmental regulations hearsay untrustworthy make inadmissible event think neither ground tenable find nothing rules regulations applicable deportation cases calling exclusion testimony concerning prior statements rule provides statements secured investigation used evidence shall made oath taken writing signed person interrogated statement denominated statement rule purpose securing recorded statements obviously preserve evidence readily available form insure warrant arrest issued credible evidence person investigated alien subject deportation provides neither explicitly implication statements recorded statements inadmissible true rule excludes statements unless maker statement unavailable refuses testify gives inconsistent testimony restrictions admissibility ex parte recorded statements hardly strained sweeping exclusion unrecorded statements otherwise admissible proceeding indeed rule face quite clearly permits inspector testify statements made persons unavailable refuse testify give testimony contradictory prior statement statements inspector may testify restricted terms rule recorded statements hence judge sears ruling segerstrom major schofield testify oath made statements contradiction testimony stand conflict departmental rules said evidence event inadmissible evidence inadmissible criminal proceeding irrelevant since deportation proceeding criminal proceeding bugajewitz adams cases cited bilokumsky tod supra mahler eby principle law better settled technical rules exclusion evidence applicable trials courts particularly hearsay rule need followed deportation proceedings bilokumsky tod supra cases cited tisi tod supra vajtauer commissioner immigration supra administrative proceedings consolidated edison labor board cases cited opp cotton mills administrator cases cited objections taken evidence proceedings admissibility probative value see consolidated edison labor board supra judge sears completely accurately ruled admissibility segerstrom major schofield testimony earlier statements said may rule relation reception evidence segerstrom major schofield hearing parties confined proof hearsay admissible character evidence element used evaluation principal reason exclusion hearsay common law opportunity absent present case sanction present although statement given segertrom statement made presence major schofield oath something equivalent testified stand told truth interview agents interview major schofield present opinion therefore every reason testimony heard considered substantive proof falls within definition substantial evidence heretofore quoted appended view fully supported dean wigmore edition work wigmore evidence section follow however prior admitted treated affirmative testimonial value credit strictly denied mind tribunal ground hearsay rule theory hearsay rule extrajudicial statement rejected made absent person subject however hypothesis witness present subject ample opportunity test basis former statement whole purpose hearsay rule already satisfied hence nothing prevent tribunal giving testimonial credit extrajudicial statement may seem deserve psychologically course one statement useful consider everyday experience outside accord see also opp cotton mills administrator supra cases cited think statements properly admitted independently lundeberg testimony warranted attorney general finding bridges party member increasing frequency called upon apply rule followed many years deportation cases well reviews administrative proceedings evidence scintilla unbelievable face administrative officer determine credibility weight merchants warehouse federal trade commission education society consolidated edison labor board supra national labor relations board nevada copper marshall pletz national labor relations board southern bell medo labor board rightly reject administrative finding accept almost week particularly denials certiorari findings administrative agencies rest tenuous support evidence far less persuasive present record presents especially case since attorney general district appeals concurred conclusion evidence sufficient support findings coryell phipps johnson mahnich southern cases cited goodyear petitioner made number arguments finds unnecessary discuss think without merit affirm judgment footnotes statute amended stat stat stat provides part follows alien time shall shall member one following classes shall excluded admission aliens members affiliated organization association society group believes advises advocates teaches overthrow force violence government aliens members affiliated organization association society group writes circulates distributes prints publishes displays causes written circulated distributed printed published displayed possession purpose circulation distribution publication issue display written printed matter character described subdivision advising advocating teaching overthrow force violence government purpose section giving loaning promising money thing value used advising advocacy teaching doctrine enumerated shall constitute advising advocacy teaching doctrine giving loaning promising money thing value organization association society group character described shall constitute affiliation therewith nothing paragraph shall taken exclusive definition advising advocacy teaching affiliation alien time entering time thereafter member one classes aliens enumerated section act shall upon warrant attorney general taken custody deported manner provided immigration act february provisions section shall applicable classes aliens mentioned act irrespective time entry immigration act february found stat et seq since june immigration laws administered attorney general reorganization plan effective june stat fol following section regulations immigration naturalization service provide alien shall accorded hearing immigrant inspector determine whether subject deportation charges stated warrant arrest hearing alien entitled representation counsel offer evidence behalf soon practicable hearing concluded inspector required prepare memorandum setting forth summary evi ence adduced hearing proposed findings fact conclusions law proposed order furnished alien counsel may file exception thereto submit brief case heard board immigration appeals body authorized perform functions attorney general relation deportation responsible solely exceptions filed oral argument board permitted member board dissents board certifies question difficulty involved case attorney general directs board must refer case attorney general review attorney general reverses decision board attorney general must state writing conclusions reasons decision ibid see note supra respects printing releases communist party union paper testified understand question position regard printing official communist releases still say might depend example lot trouble time lot action tieups believe communist party happened send statement saying everything support particular dispute time behalf union position position great objection seeing carried union paper respects voting political candidate known communist testified question support goes whether unionist bad unionist care good one care first allegiance must union accept construction rules rule read conjunction rule fairly means investigating officer obtaining statement must obtain statement interrogation oath seek obtain signature maker statement safeguarded may used evidence maker statement gives contradictory testimony stand true rule also provides affidavit inspector statements made alien person investigation may received evidence otherwise support testimony inspector maker statement unavailable refuses testify warrant hearing gives testimony contradicting statement inspector unavailable testify person assume provision creates exception general rule case inspector unavailable testify person hardly infer exception designed swallow general rule rooted policy law towards hearsay evidence cautions loose reading fundamental procedural safeguards see note supra quite different case prior statement alien contradictory testimony made hearing admitted see chan wong nagle ex parte ematsu kishimoto wigmore evidence ed dean wigmore third edition evidence took position added contrary view however orthodox one universally maintained courts prior contradictions treated substantive independent testimonial value attorney general stated immediately prior analysis testim ny lundeberg following sears examines detail evidence fifteen witnesses bearing bridges membership affiliation communist party much evidence rejected untrustworthy contradictory unreliable however evidence two witnesses accepted showing bridges member party evidence judge sears believed doubt decided question substantially one credibility review board think evidence credible remembered judge sears saw witnesses stand watched demeanor expression far better position judge truthfulness review board dealing cold print record two important witnesses membership harry lundeberg james opinion attorney general conceded evidence admitted violation rules department justice made concession think attorney general decision quoted fairly read stated objection based rules came late question raised time compliance rules required stated compliance rules entailed inspector deliberation rejected objection based rules raise objections board immigration appeals right raise objection waived plainly state suggest objections admissibility valid timely made occasion consider question rule provides part affidavit inspector statements made alien person investigation may received evidence otherwise support testimony inspector maker statement unavailable refuses testify warrant hearing gives testimony contradicting statement inspector unavailable testify person wigmore concedes views accepted courts generally said technical rules evidence applied courts applicable administrative proceedings consolidated edison labor board cases cited opp cotton mills administrator cases cited reason considerations suggested wigmore controlling attorney general judge sears rightly con ider statements proof matters stated bilokumsky tod cases cited tisi tod vajtauer commissioner immigration