vol. 1, no. 3 (March 1936)

AMERICAN CIVIL LIBERTIES UNION-NEWS

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“Eternal vigilance is the price of liberty.”

Vol. I SAN FRANCISCO, CALIFORNIA, AUGUST, 1936. No. 3

Santa Rosa Vigilantes Sue Victims

Jack Green and Sol Nitzberg, Santa Rosa tar and feather victims, have been made defendants in a $2500 damage suit filed in Sonoma County by alleged vigilantes, Harold G. Campbell and Fred Cairns.

Cairns, Secretary of the Healdsburg Chamber of Commerce, and an alien, is the alleged leader of the drunken mob of | ae that kidnapped five persons on Auust 21, 1935, beat them up and covered : Sue and Nitzberg with oil and feathers. These Mafia tactics were all part of a plot to purge Sonoma County “of all Communists mob sought to dictate who might enter Sonoma County, just as Chief Davis of Los Angeles by means of his ‘border patrol’”’ today seeks to dictate who shall enter California.

Because of diversity of citizenship, Green and Nitzberg were able to file damage suits in the Federal Court in San Francisco, alleging assault and battery. Dilatory tactics on the part of the defendant’s attorneys, however, have held up the progress of the suits. Recently Judge Roche denied a motion to dismiss the Green suit, and now another motion has been filed, this time to transfer the suit to the federal Court in Sacramento. The Nitzberg suit is pending before Judge Louderback, also on a motion to dismiss.

Now, however, the victims of the outrage are being sued by the alleged terrorists for assault and battery that no one heard of before. In spite of that, Campbell swears to the truth of the complaint.

It alleges that Cairns and Campbell went upon the highways in Sonoma County on August 21 for the “purpose of detecting and apprehending such persons as might in their presence be engaged in the commission of crimes and offenses against the persons of property of residents and taxpayers of said County.”’ In other words, they went upon the highways as self-appointed law-enforcement agents, which is a polite term for vigilantes.

While they were thus engaged, it is claimed that their victims “did pull, push, jerk, jostle and strike plaintiffs ... and with the intent of killing and murdering Plaintiffs did then and there shoot at Plaintiffs with a double-barreled shot gun.”’

In consequence of these alleged acts, the vigilantes were “rendered tired, sore and lame”... “and as a result of the attempt by Defendants to kill and murder Plaintiffs each of them suffered and sustained severe shock and injuries to their nervous systems.”

The complaint hurried on to say, however, “that said injuries are not permanent, and Plaintiffs and each of them are again in good physical health and strong and are capable of performing all work and duties which they were capable of performing on and prior to the 21st day of August, 1935.”

Finally, as a further element of damages, the Plaintiffs claim that Green and Nitzberg are members of “a large group of persons (in Sonoma County) known as Communists” and “that as a result of the said assaults and outrages perpetrated by them upon Plaintiffs . . . all members of said group of Communists became embittered against Plaintiffs ... and have declined to patronize or otherwise deal”? with them, and “many of said Communists have removed from the said County of Sonoma to parts unknown to Plaintiffs.”

‘In spite of detailed reporting of the Santa Rosa outrage, nothing ever appeared in the public press about these alleged attacks on Cairns and Campbell. Not until the victims of the outrage set forth the truth of the mob action in their suit against Cairns did it suddenly occur to them that they might becloud the issue by this spuri- ous suit which drags the inevitable red herring across the trail.

If these men were assaulted, why didn’t they seek redress by criminal action? Will they now (after six months) persecute Green and Nitzberg still further by framing criminal charges against them? Or are we to be treated to the spectacle of more ridiculous suits, possibly because the vigilantes injured their hands while beating their victims, or because they injured themselves while applying the tar and feathers.

YOUR JOB!!

We have raised 65% of our budget of $3600 for 1936. If you have not yet made a pledge for 1936, please do so NOW! If you have made a pledge, please accept this notice that another monthly installment is due. You can save us labor and postage if you respond without waiting for personal reminders. Special contributions for the prosecution of the Santa Rosa and other cases will also be helpful in carrying on the struggle to maintain YOUR civil liberties. Also, won’t you please urge your friends to join the Union. Send all contributions to the A. C. L. U., 484 Mills Building, San Francisco, California.

Certainly this new suit emphasizes the need for a public investigation of the entire Santa Rosa outrage. If Attorney General U. S. Webb had prosecuted the vigilantes and exposed the truth of the outrage, Cairns and Campbell would never have been in a position to file their suit. It is plain that Mr. Webb and District Attorney Wm. F. Cowan of Sonoma County have failed in their sworn duty to uphold the Constitution and laws of the State of California by permitting flagrant violations of the law to go unpunished. What is more, by their indifference they are encouraging the growth of mob violence in California. As we go to press, Austin Lewis, who is fighting the Santa Rosa cases in the courts, argues two motions before Judge Comstock in Santa Rosa on February 28—a motion to strike and a demurrer.

FEDERAL GAG BILLS OPPOSED Senator Tydings has withdrawn his support from the Tydings-McCormick ‘“Incitement to Disaffection Bill,” otherwise known as the “Navy Spy Bill.” The bill, says one “would make a criminal of any citizen who dared offer a word of criticism, no matter how constructive, on any point connected with the Army. It could throw into jail any American who made bold to laugh publicly at the cut of the Army’s trousers.” The Kramer Sedition Bill—a federal criminal syndicalism law, which got out of a House Committee by one vote, has become stranded in the Rules Committee. We urge all our friends to write their Congressmen to oppose these un American measures. } Workers’ Union.” — The court’s opinion states that,

JEWETT ACADEMIC FREEDOM CASE TO BE APPEALED Victor Jewett and the Teachers Union Defense Committee are planning to appeal the decision of Superior Judge Harry W. Falk which upholds the action of the Eureka Board of Education in dismissing Jewett from the Eureka Junior High School. Jewett is represented by Attorney Clarence E. Rust of Oakland. The appeal will serve to clarify the meaning of the term ‘“‘unprofessional con- duct,’’ which was used as the ground for dismissal. The complaint filed by Frank Miller, a legionnaire, stated five charges:

1. That Jewett criticized the form of government of the United States and extolled the alleged virtues of the Government of Soviet Russia;

2. That he criticized and belittled the ability of great men in American history;

3. That he “received from Russian sources sums of money for his services in spreading revolutionary propaganda in the public school of the City of Eureka.”

4. That he “actively engaged in a strike conducted in the County of Humboldt, by the Timber and Sawmill Workers’ Union;” and,

5. That he has “appeared in company with known pickets in the picket lines maintained by said Timber and Sawmill

“Upon the hearing a number of pupils testified that defendant in and out of classes ex-: tolled the five year plan of the Russian Government; advocated that the students write President Roosevelt and suggest such a plan for the U.S.; distributed pamphlets on the innocence of Tom Mooney and upon the subject of communism; opposed the “Buy-American”’ campaign; belittled men who had become great in American history; sneered at and questioned their religious beliefs; opposed war and said he would go to jail before he would go to war; said it was silly to salute the flag and it was foolish the grammar schools had to salute the flag like they did; and that 1t was a waste of time for us to pay so much attention to Armistice Day and other patriotic parades.”’

The court also listed other evidence and “while defendant denied practically all of the foregoing utterances and accusations,” nevertheless sustained the charges of un- professional conduct.

Said the court, “‘A teacher should remember his oath to support the Constitution of the United States and by precept and example to promote respect for the flag, reverence for law and order and undivided allegiance to the, government of the United States. The education of the youth of the land is a most important governmental duty : they should be taught that the only ‘ism’ in this country is ‘Americanism’, and that they should be attached to the principals of the Constitution, and well disposed to the good order and happiness of the United States.”’

CHICKENS COME HOME TO ROOST: HEARST FOUND GUILTY OF LIBEL William Randolph Hearst and the Hearst publications on January 17 last were found guilty of libel and must pay a judgment of $75,000. The verdict was recovered by Frank E. Bonner, Executive Secretary of the Federal Power Commission, because of a series of articles which charged him with dishonest and corrupt practices in administering its affairs. We are calling your at- tention to this verdict against America’s leading fascist because very few newspapers carried the story.

American Civil Liberties Union News Published monthly at 434 Mills Building., San Francisco, Calif., by the Northern California Branch of The American Civil Liberties Union. Phone: EXbrook 1816 ERNEST BESIG Editor

A. C. L. U. CHALLENGES FASCIST BORDER PATROL Immigration laws for California estab- lished by Dictator James E. Davis, Chief of Police of Los Angeles, will be tested in the Federal Court on March 2nd. John C. Packard, Attorney for the Southern California Branch of the A. C. L. U. is seeking $5000 damages and an injunction against the California Hitler for detaining John Langan, Hollywood mining man, at Blythe while his “brown shirts’? determined the size of Langan’s bank roll.

A demand was also made on the Los Angeles City Council by Packard that they compel the Auditor, the Treasurer and Chief of Police Davis to reimburse the City for funds illegally expended on the “‘foreign legion,’ and to enjoin them from further expenditures on the border patrol.

On the complaint of Ernest Besig, Northern California director of the A. C. L. U., U.S. Attorney McPike and his deputies are determining whether any federal criminal action wil! lie against the Chief and his “men. Also, the Interstate Commerce Com- mission has been esked to enjoin the railroedas from esrrying deportees on freight trains.

In his complaint to U. 8S. Attorney McPike, Besig pointed out that, “denial of the right to enter ee State bv the use of armed police officers is in contravention of the Constitution ocd may be held to constitute a conspiracy to overthrow the Government of the United States by force and violence.”

A. C. L. U. ORGES MINIMUM SENTENCES FOR C. S. VICTIMS The Executive and Advisory Committees of the Northern California branch of the ‘American Civil Liberties Union recently adopted a resolution calling upon the California State Board of Prison Directors to eseu minimum Sentences for the elf ramento criminal syndicalism victims. The Union urges you to write similar requests to Frank C. Sykes, Kohl Building, San Francisco.

The best answer we know to charges that vigilantes Cairns and Campbell were assaulted by their victims, Green and Nitzberg in Santa Rosa on August 21 is an unsigned story that appeared in the Santa Rosa, The Press-Democrat, on Friday morning, August 23, 1935, under the headline, “Vigilante Relates Eye Witness Tale of ‘Terror Raids’ Upon Communists.” An editorial note read: ‘“‘Following is a complete and dramatic eye-witness account of Wednesday night’s sensational anti-Communist ‘raids,’ related in detail to a PressDemocrat reporter by a member of the vigilantes who participated in the ‘reign of terror’ from the start to its wild finish.’’ We have room mainly for those parts of the story that describe how Green and Nitzberg were beaten.

‘““Awaking after a ghastly night of terror that came near reaching the point of blood- shed and lynching, I am firmly convinced today that Sonoma County will purge itself entirely of all Communists—and at any cost.

‘‘Never in my life have I seen such a grim, serious minded band of citizens as determined upon their objective as the vigilantes were in seeking to oust radical agi- tators.

“Tt was just at dusk that we assembled after an emergency call from our leaders. Nearly 300 men responded... crudely disguised, wearing old clothes, carrying weapons ranging from rifles to homemade billy clubs and ready to battle against men who ridicule the American flag...

“Tet’s go drag ’em from their homes,’ was shouted, and immediately plans were started for rounding up several known Communist leaders. A group of six men were quickly picked and sent out. . . Soon the six men returned dragging a cringing and pitiful looking specimen of a man to the center of the hall. The man identified himself as Jack Green, but claimed he was not a Communist.

‘“‘Teaders anu mcee that he had been coucht ina Mendocino Avenue office building, where he a amnart studio. .. What’ll we do with him? someone shouted. “And came a multitude of answers— “‘Oive him the works!’ ‘Run him out!’

Sol. Nitzberg and Jack Green leading procession of vigilantes out of Santa Rosa, and who, it is now claimed, “did pull, push, jerk, jostle and strike”’ the vigilantes who tarred and feathered them. nte sontesses

‘Get the tar!’ ‘Let’s teach him a lesson’... A small group took the frightened victim into a dark side room and ‘talked turkey’ to him.”

Green was taken to various homes with the vigilantes in an effort “to catch the other Communists.’’ Unsuccessful at one place, Green was “kicked for encouragement, ... and he was half hauled, halfshoved back to our waiting cars. .. Green was slapped a few times to emphasize the warning that he play ball.’

After another failure, ““One man seized Green out on the road and started to choke him, but others dragged him off. Another jabbed a rifle barrel into Green’s stomach and for a while it looked like the party was coming to a climax quickly.” Green was finally “turned over to another squad, headed for the the Sol Nitzberg ranch...”

There, one of the vigilantes went to Nitzberg’s door with Green, but when Nitzberg came to the door, “Green ‘doubled-crossed’ his captors. With a shout, he lunged wildly into the house, dragging Nitzberg with him.”’

Nitzberg then shot over the heads of the mob with a shotgun, and ‘‘Naturally we all ducked for a place behind the trees.” Responding with tear gas shells, the vigilantes drove Nitzberg and Green from the house. “Our boys surged down onto the pair, seizing them roughly and dragging them down the road to the cars... .

“The pair was dragged into the hall— stupified from fright and beatings. .. An American flag was produced and the pair asked to drop to the floor on bended knees and kiss it. Both refused sullenly, but not for long. After a count of three, fists swung throven the air. Both men Saas to the Peer Cemi-conscious. "iney were shaken hocr to sensibility enough to obey he order and kiss the stars and stripes...

“Clippers were produced and hair hacked from their heads. Shirts were ripped from the backs. Buckets of tar paint were hurled over them. Pillows were broken and feathers hailed down upon the sticky black substance. From two men they had been transformed into fantastic, ghostlike creatures of some other world...

“Kicked, beaten, dragged and shoved the two staggering tar victims—their eyes glazed from torture and terror — were taken out into the street. Then came a procession that Santa Rosa has never seen the like before. Down Fourth Street they walked... while behind them followed the wildly shouting and triumphant vigilantes.

“It was a long night, a wild night... The ultimatum has been issued. The vigilantes have proven they are ready and willing to back it up with violence. It’s up to the Com- munists to get out now, or suffer the consequences.”’

LABOR RIDICULES WEBB’S SANTA ROSA VIGILANTE “INVESTIGATION”

‘The Santa Rosa tar and feather outrage of last summer has developed some strange incidents, not the least of which is the filing of a suit for damages against the victims for alleged injuries to their tormentors. Although the mob’s operations were conducted openly and its members are well known to the authorities, no arrests have been made in connection with the outrages. Some other explanation than that given by the attorney general of the state should be forthcoming. He says that “progress” is being made in the investigation. Of what does ‘progress’ consist? Five months’ in- vestigations should at least have developed some warrants of arrest where the culprits are known to the whole community.’ Editorial, Labor Clarion, February 21, 1936.