University of Minnesota

Enkel, Kenneth J., b. 1916, Papers

Finding Aid

VITRAGE

IHRC

Immigration History Research Center, College of Liberal Arts, University of Minnesota

Descriptive summary

Creator: Enkel, Kenneth J., b. 1916.
Dates: 1947-1958
Abstract: The papers (1947-1958) of Kenneth J. Enkel (b. 1916) consist of legal briefs, documents, and correspondence relating to deportation proceedings taken in the McCarthy Era against the seven following persons: Taisto A. Elo; Knut E. Heikkinen; Mrs. Vera Hathaway; Harry Roast; Charles Rowoldt; Lopez-Hernandez v. Brownell; and Heikkila v. Barber. The materials on the Knut Heikkinen case are incomplete. Mr. Enkel undertook these cases at the behest of the Minnesota Committee for the Protection of the Foreign Born.
Quantity: 2 linear ft.
Language: In English.
Collection ID: IHRC621

PROVENANCE

The papers of Kenneth Enkel were deposited in the Immigration History Research Center in December of 1973. The collection was secured from Mr. Enkel through the efforts of Prof. Rudolph J. Vecoli and Mr. Michael G. Karni, both of the Immigration History Research Center, as well as Mr. Carl Ross. The papers, processed in the Fall of 1974, consist of .8 linear feet of correspondence, legal papers and research notes pertaining to seven different deportation cases.

HISTORICAL SKETCH

Kenneth J. Enkel (b. 1916) received his law degree in 1941 from the University of Minnesota. During the McCarthy Era, he defended aliens of the Minnesota region who faced deportation under the McCarran-Walter Act.

DESCRIPTION OF THE COLLECTION

ORGANIZATION OF MATERIALS

The initial order of the collection was not disturbed by the processor. The papers were arranged by cases and placed in chronological order within each folder. As a result, there are seven major sections:

ACCESS RESTRICTIONS

The Enkel, Kenneth J., b. 1916 collection is available for public research.

OWNERSHIP & LITERARY RIGHTS

The Enkel, Kenneth J., b. 1916 collection is the physical property of the Immigration History Reseach Center, University of Minnesota.

For further information regrading the copyright, please contact the IHRC.

CITE AS

The Enkel, Kenneth J., b. 1916 Papers, Finnish American Collection, Immigration History Research Center, University of Minnesota

Index Terms

Deportation--United States.
Communists--United States.
Finnish American Communists.
Finnish Americans.
German Americans.

Description of Series

This section briefly describes each series in the collection. A more detailed description of the contents of each series may be found in the following section.

SERIES 1. Taisto Elo

Taisto Elo, a native and citizen of Finland, was 11 years old when he entered the United States in 1921. From 1936 to 1937 he paid dues to the Communist Party of Minnesota. Elo was arrested in 1952 for being a member of the Party. Mr. Enkel defended Elo in his first hearing before the Immigration and Naturalization Service. The decision of the hearing ordered Elo to be deported. Enkel appealed the first decision but his appeal was denied. Elo was deported to Finland in 1953. The materials in Folder 1 pertain to Elo’s deportation.

SERIES 2. Vera Hathaway

In 1953, eighteen years after Vera Hathaway withdrew from the Communist Party, she was arrested on the grounds that she was in violation of the McCarran-Walter Act. Two years later, after her appeal was denied, she was ordered to deport herself. The material contained in the section illustrates the extreme measures, such as false or professional witnesses, which the Immigration and Naturalization Service employed in their efforts to enforce the McCarran-Walter Act. Folders 2 and 3 contain material pertaining to Vera Hathaway’s case. Folder 3 consists of photocopies of Enkel’s file on the case.

SERIES 3. Harry Roast

The papers in this section pertain to the deportation of Harry Roast. Roast immigrated to the United States in 1913 from Czarist Russia. From 1930-1940 he was a member of the Communist Party. The Immigration and Naturalization Board ordered Roast to be deported in 1953, after his appeal was denied.

SERIES 4. Knut Heikkinen

Knut Heikkinen, an editor of the Finnish- American daily, Työmies-Eteenpäin was arrested in 1949 and rearrested in 1950 for past membership in the Communist Party. He battled with the Immigration and Naturalization Service for nine years to prevent his deportation. An appeal for Habeas Corpus was denied by the Federal District Court, but the Court of Appeals agreed to hear the case on May 4, 1951. Heikkinen’s appeal was lost in April, 1952 and he was ordered deported to Finland. He was informed both orally and in writing that arrangements would be made for his deportation. On October 12, 1953, Heikkinen was arrested for failure to deport himself. He offered, voluntarily to go to Finland, but the Immigration and Naturalization service refused to let him go. Consequently, in April, 1954 he was charged on two counts, failing to deport from the country and failing to apply for travel documents. Each carried a five year sentence and Heikkinen received the maximum sentence in both instances. This decision ultimately reached the Supreme Court in 1958. The High Court overturned the lower court’s decision and Heikkinen was exonerated. The materials in folders 6-8 do not cover the entire Heikkinen case, but pertain only to events of 1952-1955.

SERIES 5. Charles Rowoldt

In 1957 a deportation case involving Charles Rowoldt was dismissed by the U.S. Supreme Court. This was the first instance in American history that deportation of a non-citizen for membership in the Communist Part had been overturned by the Court. After having lost his job in 1933, Rowoldt turned to the Unemployed Council for assistance. He became active in the Council and was elected its Secretary-Treasurer. The Unemployed Council later merged with another organization to form the Worker’s Alliance, a leftist group. In 1939, Rowoldt was arrested by the Immigration and Naturalization Service. He was charged, by virtue of his membership in the Alliance, with conspiring to overthrow the government. The government was not able to prove the charges against Rowoldt, consequently, his case was dismissed. In 1948, Rowoldt was arrested once more on the basis of the statements voluntarily given to the Immigration and Naturalization Service concerning his activities in the 1930’s. This was the beginning of a 10 year court proceeding with the Immigration and Naturalization Service ending with the Supreme Court’s 5-4 decision which dismissed Rowoldt’s case. The materials in folder 9-19 pertain to the years 1948-1957.

SERIES 6. Lopez-Hernandez v. Brownell

The material in this section (folder 20) was removed from section V because it has no apparent relation to the Rowoldt case. It consists of six miscellaneous legal documents.

SERIES 7. Heikkila v. Barber

As in the case of the material in Section VI, these papers were removed from Section V because they have no apparent relationship to the Rowoldt case. This section contains miscellaneous legal documents and research notes.

Detailed Description of the Collection

SERIES 1. Taisto Elo

Taisto Elo, a native and citizen of Finland, was 11 years old when he entered the United States in 1921. From 1936 to 1937 he paid dues to the Communist Party of Minnesota. Elo was arrested in 1952 for being a member of the Party. Mr. Enkel defended Elo in his first hearing before the Immigration and Naturalization Service. The decision of the hearing ordered Elo to be deported. Enkel appealed the first decision but his appeal was denied. Elo was deported to Finland in 1953. The materials in Folder 1 pertain to Elo’s deportation.
BOX 1.
FOLDER 1. Taisto Elo- Correspondence, Legal Papers, Notes 1952-1953
Correspondence between Enkel, G.M. Wastilla (editor of Tyomies-Eteenpain) and Harry Gordon (Officer in Charge, Immigration and Naturalization Service, Duluth) pertaining to the raising of Elo's bond, bond reduction, the deportation hearing and its appeal. Miscellaneous legal documents such as the Notice of Appeal, as well as Enkel's hearing notes.

SERIES 2. Vera Hathaway

In 1953, eighteen years after Vera Hathaway withdrew from the Communist Party, she was arrested on the grounds that she was in violation of the McCarran-Walter Act. Two years later, after her appeal was denied, she was ordered to deport herself. The material contained in the section illustrates the extreme measures, such as false or professional witnesses, which the Immigration and Naturalization Service employed in their efforts to enforce the McCarran-Walter Act. Folders 2 and 3 contain material pertaining to Vera Hathaway’s case. Folder 3 consists of photocopies of Enkel’s file on the case.
BOX 1.
FOLDER 2. Vera Hathaway- Correspondences, Legal Papers, Notes 1953-1955
Material in this folder includes correspondence between Enkel, Abner Green (Executive Secretary, American Committee for the Protection of the Foreign Born [hereafter ACPFB]) and Harriet Barron (Administrative Secretary, ACPFB) dealing with Hathaway's hearing and future legal strategy. Miscellaneous material includes notes, handbills, and the "Amplified Exception to the Decision and Order of the Hearing Officer."
FOLDER 3. Vera Hathaway- Correspondence, Legal Papers, Notes 1953-1958
Photocopies of Enkel's file on the Hathaway case sent to Vera and Clarence Hathaway. The majority of the correspondence pertains to Hathaway's efforts to deport herself. A brief autobiography of Hathaway, as well as extensive hearing notes are contained in this folder.

SERIES 3. Harry Roast

The papers in this section pertain to the deportation of Harry Roast. Roast immigrated to the United States in 1913 from Czarist Russia. From 1930-1940 he was a member of the Communist Party. The Immigration and Naturalization Board ordered Roast to be deported in 1953, after his appeal was denied.
BOX 1.
FOLDER 4. Harry Roast- Correspondence, Legal Papers, Notes 1941- January, 1953
Roast's hearing and its appeal are dealt with in correspondence between Enkel, Green, and Blanch Freedman (attorney for ACPFB in New York). Also contained is a complete transcript of the hearing and the decision of the Hearing Officers, Robert Fuller.
FOLDER 5. Harry Roast- Correspondence, Legal Papers, Notes February, 1953-1954
Correspondence between Enkel, Green, and J.D. Perfetto (Assistant Officers in Charge, Immigration and Naturalization Service) pertaining to Roast's efforts to deport himself. Also contained are detailed hearing notes by Enkel and a photograph of Roast.

SERIES 4. Knut Heikkinen

Knut Heikkinen, an editor of the Finnish- American daily, Työmies-Eteenpäin was arrested in 1949 and rearrested in 1950 for past membership in the Communist Party. He battled with the Immigration and Naturalization Service for nine years to prevent his deportation. An appeal for Habeas Corpus was denied by the Federal District Court, but the Court of Appeals agreed to hear the case on May 4, 1951. Heikkinen’s appeal was lost in April, 1952 and he was ordered deported to Finland. He was informed both orally and in writing that arrangements would be made for his deportation. On October 12, 1953, Heikkinen was arrested for failure to deport himself. He offered, voluntarily to go to Finland, but the Immigration and Naturalization service refused to let him go. Consequently, in April, 1954 he was charged on two counts, failing to deport from the country and failing to apply for travel documents. Each carried a five year sentence and Heikkinen received the maximum sentence in both instances. This decision ultimately reached the Supreme Court in 1958. The High Court overturned the lower court’s decision and Heikkinen was exonerated. The materials in folders 6-8 do not cover the entire Heikkinen case, but pertain only to events of 1952-1955.
BOX 1.
FOLDER 6. Knut Heikkinen- Correspondence, Legal Papers, Notes 1952- June, 1954
Correspondence between Enkel, Green, and Michael Essin (attorney for ACPFB in Milwaukee) pertaining to attorney's fees, legal strategy and the introduction of Michael Essin to the case. Newspaper clippings, handbills, notes and miscellaneous legal documents such as the Writ of Certiorari to United States Court of Appeals are also included.
FOLDER 7. Knut Heikkinen- Correspondence, Legal Papers, Notes July- November, 1954
The topic of raising money for the printing of the Court Record is discussed in correspondence between Enkel, Essin, and Alma Foley (secretary of the Minnesota Committee for the Protection of the Foreign Born [hereafter MCPFB]). Correspondence between Enkel and Gloria Agrin (attorney for the ACPFB in New York) concerning the use of the Spector case in obtaining a reversal of the District Court's ruling. The folder also contains a copy of the transcript of the Court Record.
FOLDER 8. Knut Heikkinen- Correspondence, Legal Papers, Notes December, 1954-1955
In correspondence with Essin and Green, Enkel discusses the oral argument before the Court of Appeals. Also correspondence between Enkel and the various Clerks of Court notifying them of his withdrawal from the case. Legal documents included are Enkel's withdrawal petition, briefs and the Court of Appeal's opinion. One issue of "I.F. Stone's Weekly" which contains and articles on the Heikkinen case can also be found.

SERIES 5. Charles Rowoldt

In 1957 a deportation case involving Charles Rowoldt was dismissed by the U.S. Supreme Court. This was the first instance in American history that deportation of a non-citizen for membership in the Communist Part had been overturned by the Court. After having lost his job in 1933, Rowoldt turned to the Unemployed Council for assistance. He became active in the Council and was elected its Secretary-Treasurer. The Unemployed Council later merged with another organization to form the Worker’s Alliance, a leftist group. In 1939, Rowoldt was arrested by the Immigration and Naturalization Service. He was charged, by virtue of his membership in the Alliance, with conspiring to overthrow the government. The government was not able to prove the charges against Rowoldt, consequently, his case was dismissed. In 1948, Rowoldt was arrested once more on the basis of the statements voluntarily given to the Immigration and Naturalization Service concerning his activities in the 1930’s. This was the beginning of a 10 year court proceeding with the Immigration and Naturalization Service ending with the Supreme Court’s 5-4 decision which dismissed Rowoldt’s case. The materials in folder 9-19 pertain to the years 1948-1957.
BOX 2.
FOLDER 9. Charles Rowoldt- Correspondence, Legal Papers, Notes 1947-1949
Correspondence between Douglas Hall (the first attorney to work on the Rowoldt case), Rowoldt, the Immigration and Naturalization Service, and the United States Attorney's Office concerning the hearing, its appeal and the attainment of Writ of Habeas Corpus. There is also an unsigned letter (probably written by Rowoldt) to President Truman concerning deportation. Legal papers include Hall's petition for Writ of Habeas Corpus and a transcript of the 1949 hearing.
FOLDER 10. Charles Rowoldt- Correspondence, Legal Papers and Notes November, 1950- March, 1952
Enkel, Green, and Isidore Englander (attorney for the ACPFB in New York) deal with the oral argument before the Board of Appeals. A pamphlet entitled, "The Deportation Drive vs. the Bill of Rights" by Abner Green is included. Legal papers consist of the arrest warrant, exhibits used in the hearing, etc. Detailed notes are also included.
FOLDER 11. Charles Rowoldt- Correspondence, Legal Papers and Notes April, 1952- June, 1953
The majority of the correspondence between Enkel and Green pertains to Rowoldt's bond and its retrieval. Correspondence between Enkel and Irvin Shrode (Officer in Charge, Immigration and Naturalization Service, St. Paul) deals with Rowoldt's parole reports. Newspaper clippings, notes, and a copy of the "National Guardian" (the publication of the ACPFB) are also included. Legal papers include the Petition for Writ of Habeas Corpus, exhibits used in the hearing, etc.
FOLDER 12. Charles Rowoldt- Correspondence, Legal Papers, Notes July- September, 1953
Communication between Enkel and Green concerning the preparation of Enkel's brief dealing with the Immigration Service's policy of requiring bond during the period of "supervisory parole." The folder also contains copies of the briefs filed by Enkel and the Immigration Service.
FOLDER 13. Charles Rowoldt- Correspondence, Legal Papers, Notes October-December, 1953
Enkel's correspondence with the U.S. Attorney concerning the United States District Court's decision on the bond question. The folder also contains the Court's "Findings of Fact, Conclusions of Law and Order for Judgment."
FOLDER 14. Charles Rowoldt- Correspondence, Legal Papers, Notes 1953- June, 1954
Correspondence between Enkel, Green, and Freedman pertaining to the Immigration Service's decision to appeal the District Court's Ruling and the preparation of Enkel's brief. Also contained are Enkel's research notes and argument before the District Court.
FOLDER 15. Charles Rowoldt- Correspondence, Legal Papers, Notes July 1954- March, 1955
Material concerning the re-opening of the Rowoldt case includes correspondence between Enkel, Green, and Perfetto. Legal documents include a petition for a Writ of Habeas Corpus and a transcript of the March 25, 1955 hearing.
BOX 3.
FOLDER 16. Charles Rowoldt- Correspondence, Legal Papers, Notes April- May, 1955
The majority of the contents of this folder consists of legal papers pertaining to the re-opening of the Rowoldt case. Included are a transcript of the April 1, 1955 hearing, Enkel's brief and the court order denying petition for a Writ of Habeas Corpus, etc. Also included is a copy of April, 1955 "Protect this Light of Liberty", the publication of the MCPFB.
FOLDER 17. Charles Rowoldt- Correspondence, Legal Papers, Notes June- October 1955
Correspondence in this folder deals primarily with the transaction of various legal proceedings. The bulk of the materials consists of legal papers dealing with the appeal of the District Court decision denying the Writ of Habeas Corpus, and briefs filed by Enkel and the government attorneys.
FOLDER 18. Charles Rowoldt- Correspondence, Legal Papers, Notes November, 1955- December, 1957
Attorney's fees and stenographic fees are discussed by Enkel and Foley. Other correspondence between Enkel, Green, and the government's attorney pertains to the appeal of the decision of the Court of Appeals. Legal documents include the opinion of the United States Court of Appeals, Enkel's argument before that court, briefs, etc. Also included is the December 16, 1957 issued of "I.F. Stone's Weekly" and a summary prepared by the ACPFB of the Supreme Court's decision on the Rowoldt case.
FOLDER 19. Charles Rowoldt- Miscellaneous
This folder consists primarily of Enkel's research notes, handbills put out by the ACPFB and various undated legal documents.

SERIES 6. Lopez-Hernandez v. Brownell

The material in this section (folder 20) was removed from section V because it has no apparent relation to the Rowoldt case. It consists of six miscellaneous legal documents.
BOX 3.
FOLDER 20. Lopez- Hernandez v. Brownell- Miscellaneous Legal Papers 1954
This folder includes a motion for a preliminary injunction, Court's opinion, etc.

SERIES 7. Heikkila v. Barber

As in the case of the material in Section VI, these papers were removed from Section V because they have no apparent relationship to the Rowoldt case. This section contains miscellaneous legal documents and research notes.
BOX 3.
FOLDER 21. Heikkila v. Barber- Miscellaneous Legal Papers 1952
Included in this folder are research notes, a Petition for Injunction and a Memorandum of Points and Authorities.

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