vol. 2, no. 8

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal vigilance is the price of liberty.”

Vol. II SAN FRANCISCO, CALIFORNIA, AUGUST, 1937. No. 8

WIRE-TAPPING CONDEMNED

Protest Against Lawless ‘Law Enforcement Filed With San Francisco Officials

The American Civil Liberties. Union recently condemned wire-tapping by government officials as “un-American,. contrary to the spirit of the Constitution, and illegal.” — In a letter directed to District Attorney Matthew Brady of San Francisco and Superior Judge James G. Conlan, the Union charged first that wire-tapping constitutes lawless ‘enforcement of the law in California, and second that it stitutional guarantee against unreasonable searches and seizures. It was urged that “such method of crime detection .... be discontinued.”’ The Union’s letter follows: “The Atherton report and the investigations of the grand jury can leave no doubt in the public’s mind that there is graft and corruption in the San Francisco police department. A serious. question remains unanswered, however, whether the extra‘legal methods pursued in securing evidence } ‘of these intolerable conditions can be upHeld ee ee “The American Civil Liberties Union is not interested in defending persons from the consequences of their illegal acts. does oppose laws which work injustice. It has always protested against the violation of civil rights in the enforcement of the law.

For example, only last year, the Union: denounced the Black Lobby Investigating - Committee’s seizure by blanket subpoena of private telegrams sent by William Randolph Hearst, although it in no way cen‘doned Mr. Hearst’s actiyjties. . 2 Wire-Tapping a Felony “In the present graft investigation certain evidence was secured by tapping the telephone wires of one Peter McDonough, a bail bond broker. The method by which this evidence was gathered has gone virtually unchallenged though the Penal Code ‘declares wire-tapping, or the use of information obtained thereby, to be a felony. The recent declaration by the ‘Attorney General that evidence even though illegally obtained, is admissible in the California courts, does not alter the fact that wiretapping is a crime punishable by imprisonment in the State penitentiary, and that such practices are in fact lawless enforcement of the law. “There would be no need for such illegal practices if, in the first. instance, public officials charged with the prosecution and ‘detection of ‘crime were not derelict and inefficient in the performance of their sworn duty. However the long-standing irresponsibility of public officials-does. not justify illegal means as a last resort in order to accomplish what may be a desirable end.

-Lawless Law Enforcement

“Wire-tapping is a felony, and it.is immaterial that it was resorted to in.the aid of law enforcement. Lawless law enforcement defeats the law. In it lie the seeds of tryanny and oppression. As Justice Brandeis has said in a -wire-tapping decision, “Experience should: teach us to. be most on our guard to protect liberty when violates the spirit of the conthe government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evilminded rulers. The greatest dangers lurk (Continued on Page 4, Col. 2)

IS YOUR PLEDGE PAID?

If you pledged a contribution to the. Union for 1937, won’t you please pay NOW—if you can. Our funds run ‘dangerously low during the summer months, and we solicit your assistance in keeping the Union financially sound.

_ HAS YOUR MEMBERSHIP | EXPIRED?

Seventy-six persons whose memberships expired during the first seven months of 1937 and have not been renewed are receiving this copy of the “NEWS.” To them we make an ur“gent request to renew their support. Please shake off the inertia and send in your dollars. Help build the Union.

Red-Baiting Racket Folds Up

~The American League Against Communism, after putting on a vigorous fundraising campaign and changing its name to The National Americanism Foundation in the early weeks of this year, has apparently dissolved, disbanded and decamped. At least, it no longer occupies the rather elaborate suite it maintained at 935 Market Street, San Francisco, and information obtained at that address indicates that so far as San Francisco is concerned, our salvation is wrought. The history of this organization adds to the evidence that it is a fairly simple matter to play upon the anti-labor and anti-radical bias of industrial firms, business houses and patrioteer clubs, to “take them” for large contributions, then when the stream runs thin, to get what you can from John Q. Public, and to fold up in peace and security.

The American Citizen, on the other hand, is still in business in its loft at 509 Sansome Street. It has not, however, gone to press for the past month because the staff is attending military training camp. SUPREME COURT AFFIRMS JEWETT DISMISSAL The California Supreme Court on July 15 refused to review an appeal from the decision of the Third District Court of Appeals. upholding the ouster of Victor Jewett, Eureka school teacher, on charges of “unprofessional conduct.’’ The District Court decided Jewett had violated his loyalty. oath by “his persistent efforts to enlist.support for his anti-American views from his pupils.” 3)

The “anti-American views” happened to be opinions not held by members: of the local school board. It appears, therefore, that unless teachers express current popufor violating their loyalty oaths. | _ “The entire case against me was a carefully planned frameup,;”’ commented Vic| tor Jewett. “I was guilty of no greater wrong than that of being on the sideof the workers in the 1935 lumber strike. _ “Under the general charge of unprofessional conduct, I was accused of speaking at union meetings and of being’ seen in the company of known pickéts. . ... A red scare was raised to obscure the real issue, the right of a teacher to enjoy all the civil liberties of any other American. ~ — “The most innocent. acts were misrepresented in an effort to: arouse prejudice. A | school board member deliberately perjured _ himself as a witness saying I told him I taught pupils we had the worst government in the world, and Russia the best. I taught no such thing and made no such assertion. Jewett has now exhausted his remedies in the State courts. It appears exceedingly doubtful: whether an appeal will lie to the ‘United States Supreme Court. If not, the © legal fight in the Jewett ‘case is at an end.

lar opinions they run the risk of dismissal

A. F. of L. VIGILANTES ATTACK Cc. I. O. PICKETS ee On July 21 a group of A. F. of L. workers attacked a C.1.0: picket line at Third and Brannan Streets in San Francisco. What — we said of a similar incident in Oakland on June 9 applies to the instant case. ‘Acts of terrorism cannot be excused. It makes no difference that in this case the vigi- lantes. were organized workers attacking the peaceful picket lines of a rival organi- zation. Labor has no more right to resort to vigilantism than capital. . .. The consti- tutional right of . peaceable assemblage must be preserved for all groups if it is to remain safe for any group.”

_. R.O.T.C, BILL SIGNED _ Governor Merriam has: signed Senate Bill 508 whieh -establishes optional mili— tary training in the state teachers colleges.

The San Francisco News comments Editorially On ‘Wire-T apping

Thoughtful citizens will feel a debt of gratitude ‘to the American Civil Liberties Union and Ernest Besig, its director, for the ‘well-reasoned: and well-stated protest against, wire-tapping filed with Presiding “Judge ‘Conlan and Dist. Atty. Brady.

The News sounded a warning when Mr. Atherton’s wire-tapping operations were first disclosed, although we confess the circumstances were such that all our sympathy was with Mr. Atherton and we have _frankly rejoiced.in.the results. : But as a matter of principle, vaca “Sing is more than questionable—it is a dangerous procedure. Mr. Besig makes his -point. ‘when he writes: to. Judge Conlan and y. Brady: : OViretapping is a Aelony. and it is immaterial that.it was resorted to in the aid of law enforcement. Lawless law enforcement defeats the law. In it lie the seeds of tyrannyand oppression. As Justice Brandeis has said. in a wire-tapping decision, ‘Experience should teach us to be most on our guard.to protect, liberty when the Government’s purposés are beneficient. Men born to fréedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers lurk in the _ insidious. encroachments. by men of zeal, well. meaning, but . without -understand: ing.’ Pie ag Mr. Boe! aes oe further point that : wire-tapping:: is not only a felony under California law; but that. it violates the -Fourth. Amendment of the United States Constitution safeguarding “the right of the people to:be secure in their persons, houses, papers and. effects. *? Says he, ‘‘The search _and.seizure provision of the Constitution omes. by. means of writs of assistance or reneral. search. warrants, and then ran“of the law.. ‘Today, officials attempt to accomplish the same result by tapping tele: 19, 19 wires.’ _ Gan Francisco News, July 1937.

4, itis a bolic OF THE A.C.L.U. TO” |

(1) Defend attacks on civil liberties || by. legal aid, publicity, and organized protests to officials and the public.

2) Proceed against public officers violating those rights...

3) “Fest ‘ordinances or laws in con: flict ‘with. constitutional guarantees of Say liberty.

(4) ‘Organize protests, _demonstra— “tions, and: publicity on every significant issue.

‘The inion done not seek to bind its ; members to any definition of civil liberty, nor does it presume to censor » their utterances.. Even, the members of its Board of Directors take varying positions. on border-line issues of direct incitements and of ‘ ‘obscenity.”’

We stand together, however, in AP. foldiie it. demonstrated by experience ‘that foolish or violent speech is less dangerous than, the attempt to control it by repressive legislation or bureaucratic restriction.

|i. The community can, find he maxi_ 4 mum of safety by holding men responsible for: the, consequences of their it. speech if libelous or in advocacy of lecspecific acts of. violence which may “If the” community ‘gives ‘officials power to censor in advance, it is almost impossible to set limits to that power. Its repressive use always does -zmore than the.utterances of. ee Ms to » make: violence inevitable. adopted because. officials invaded and sacked them for evidence ‘of some violation

Brief Filed In Flag Salute Case

SACRAMENTO, July Fo wacie M. Collins, A.C.L.U. attorney, today filed a reply brief in the Third District Court of Appeals in the Gabrielli flag salute case. School authorities have appealed a decision of Superior Judge Peter J. Shields that pupils cannot be compelled to salute the flag where the exercise conflicts eee religious beliefs.

The facts of the case are > briefly stated as follows:

“The respondent (Charlotte Gabrielli), a little girl, nine years of age, was expelled from an elementary public school in Sacramento because of her refusal to participate in the flag-salute ceremony, her refusal being based solely upon religious grounds. She expressed her willingness to show her respect for the flag by standing quietly during the performance without interfering with other celebrants. This flag salute custom or ritual is not imposed upon pupils attending private schools or upon those who object thereto upon religious grounds in other like public schools in Sacramento and elsewhere in this State or upon high school, college or university students in this State.

Question Involved

The facts of the case resolve ene “Where an. elementary public school education is made ~ mandatory by the provisions of Section. into the following question:

1.130 of the School Code of California, may a little child be denied the benefits of such an education for refusing to salute the flag, if her refusal arises from religious -seruples and the flag-salute has not the sanction of legislative authority but is a mere ‘custom’ imposed at the caprice of a teacher?”

The brief contends that the child’s ex-pulsion ‘‘for her failure to observe the rit- ual constituted a denial of the free exercise and enjoyment of religious profession and worship without discrimination.”

Furthermore, ‘the salutation to the flag is not a legal requirement. It is a mere ‘cus- tom.’ A legal requirement can be enforced by penalties. A ‘custom’ cannot. Violation of a legal requirement is punishable ‘by the law enforcement power of government. Violation of a mere ‘custom’ is not.”

“Patriotism,’”’ declares Mr. Collins, ‘‘can be taught by methods other than the one herein challenged which conflicts with the respondent’s religious views, consequently it was the duty of the teacher herein to substitute some means of teaching it other than through the medium of the flag salute and pledge which offended the child’s con- science. The substitution of a different type of instruction to instil patriotism would be similar to the substitution of a different.form of physical training which this Court declared obligatory upon the teacher to resort to in the Hardwick case where “dancing” violated a child’s religious scruples.

CHARLOTTE GABRIELLI

What Is To Become Of These Children? “What is to become of these children of Jehovah’s Witnesses if they are denied access to the public schools of our State,” asks the brief? ‘“‘SSome may be able to attend private schools where their religious views will be respected. Others who are not fortunate enough to be able to afford tuition in private schools will have to remain at home and be reared in comparative ignorance. They will be liable to arrest. and punishment as truants and may be committed to parental homes while their parents will be rendered liable to arrest — and imprisonment for failure to send them to school. This may fill our jails and houses of correction with reputable people whose only offense has been the entertain-_ ment of religious views which are not shared by the majority of our citizens. This is the type of persecution that was visited upon the primitive Christians and the type of oppression from which our ancestors sought refuge in this country where they had hoped differences in religious beliefs would be tolerated.

A Perversion of Democratic Ideals

“To justify the compulsory flag-salute, _which has not the virtue of a full-fledged ‘tradition to warrant it and which is not sanctioned by statute, as the price of ‘re- ligious liberty’ and a ‘public school education,’ which are lawful rights, would be a perversion of democratic ideals. Our democracy is broad enough to tolerate dif- ferences in religious beliefs and practices which do not threaten the public health, safety or morals.

Caaf compulsory observation of this ‘custom’ is sustained the final breakdown of — all religious and civil liberties is seriously — threatened. When these liberties are destroyed democracy has ceased to function, the ‘regimentation of the people’ has been ushered in and we have entered the era of dictatorships.

of ‘Religious freedom’ is the rule and re— straint is the exception. Although this rule has been, perhaps, more frequently hon-ored in the breach than in the observance, the respondent submits that this rule is controlling in the case at bar and that the decision of the trial court was correct in upholding this precious liberty and the right of the child respondent to receive a pUpue school education.”

FOUR SCOTTSBORO BOYS FREED; FIGHT CONTINUES FOR REMAINDER

Four of the nine Scottsboro boys have been liberated. The State finally dismissed charges against them and ended their six years in jail. A fifth, Ozie Powell, pleaded guilty to charges of assault with intent to murder in an alleged escape attempt last year. The remaining four were convicted of “attack” charges. Clarence Norris was sentenced to death, but the execution has been stayed by the filing of an appeal. Heywood Patterson and Charlie Weems received 75-year sentences, while Andy Wright was sentenced to 99 years in the penitentiary. The fight to free the five Scottsboro boys will go on.

SOCIALIST LEAFLET CASES POSTPONED

The cases of Janet Thurman and Kenneth Bristol, members of the Young People’s Socialist League of San Francisco, ‘who were arrested by San Francisco police on May 30 for distributing anti-war literature, have again been continued. They were originally set for jury trial in the San Francisco Police Court on July 1, but at the present time they have merely been placed on the calendar for ee on eu a.

Union's Annual Review Shows Increased Liberties

In its annual survey of the status of civil liberties in the country, just published, the American Civil Liberties Union cites in a | balance sheet for the past year more de- velopments favorable to civil liberties than against them.

Chief gain credited by the Union is approval of the National Labor Relations Act by the Supreme Court which puts “a new foundation under labor’s rights.” Next in importance the Union lists the exposures of violence by employers made by the Senate Civil Liberties Committee. Among other advances listed are the Supreme Court decisions freeing Angelo Herndon, Negro Communist; upholding the Wisconsin labor injunction law and with it similar laws in fifteen states, and reversal of the conviction of Dirk de Jonge, Oregon Communist; the repeal of the “‘red-rider’”’ in the District of Columbia; the decision of the New York Court of Appeals permitting medical agencies to import birth control material; the investigation of the violations of civil rights in Puerto Rico by a commission headed by Arthur Garfield Hays; and the repeal of criminal syndicalism laws in Washington and Oregon.

Among the unfavorable factors condemned in the Union’s balance sheet. are the “wide-spread and continuing violations of labor’s rights;”’ the decision by the Massa- chussetts Supreme Court upholding the expulsion of a school child for refusing on religious grounds to salute the flag; the veto by Governor Hurley of Massachusetts of a bill repealing the teachers’ loyalty oath law; the police massacre of Puerto Rican Nationalists at Ponce; the refusal of the Yale Corporation to reappoint Professor Jerome Davis; the conviction at WilkesBarre, Pennsylvania of Emerson Jennings, printer, framed on dynamite charges; the banning of the film SPAIN IN FLAMES by state and local censors; the murders by the Black Legion in Michigan, and interference with Communist and other minority parties during the presidential campaign.

The review, a 96 page pamphlet under the title “Let Freedom Ring,” briefly summarizes the year, lists the chief centers of repression, the machinery by which rights are denied, and then details. the developments in each field of activity. .Copies of the report may be had on application to the office of the Civil Liberties Union, 434 Mills Bldg., San Francisco.

BUTASH CONVICTION REVERSED IN | INDIANA SEDITION CASE.

In the first state supreme court. decision in recent years to reverse a sedition con- viction, the Indiana Supreme Court ordered a new trial for Paul Butash, magazine subscription solicitor, sentenced to one to five years for ‘“‘advocating overthrow of the government by force or. violence.” The case is the first and only prosecution under the Indiana sedition law of 1919.

The meeting at which Butash made his alleged seditious remarks on May 19, 1936, the A.C.L.U. pointed out in a recent pam_phlet on the case, was arranged by American Legion members in an attempt to “bait “a man discovered to be a radical.” Following his conviction, Butash was released on a $5,000 bond guaranteed by the Civil Liberties Union. The International Labor Defense was in charge of the case, assisted by the A.C.L.U. In throwing out the conviction the Indiana Supreme Court termed ‘the whole incident so trivial as to be beneath the notice of the law.’”’ The court declined to pass upon the constitutionality of the statute, basing its decision on the fact that insufficient evidence was produced that any provisions of the law had been violated. “The evidence,” declared the court, “was only an expression of his (Butash’s own opinion upon the economic or political _ questions of the times. Nowhere did he plead for the adoption of his theory or defend them by argument, nor did he incite “English Civil Li George Lansbury, bertarians

Aroused By Fascist Tacties

The American Civil Liberties Union lately made arrangements to work in association with its English counterpart, The National Council for Civil Liberties.

This organization, though only three years old, boasts a list of distinguished officers reading like the British ‘““Who’s Who.” Among those perhaps most familiar to Americans are Havelock Ellis, the Dean of Canterbury, Prof. Julian Huxley, Aldous Huxley, Prof. Harold Laski, Lord Ponsonby, J. B. Priestly, Dr. A. Maude Royden, Hannen Swaffer, H. G. Wells, and Rebecca West. —

The Council stands for freedom of speech and assembly, freedom of association, freedom of thought and expression, full rights for all peoples under the British Parliament, and democratic control of government. It is, like our Union, a nonpartisan organization. Through a strong panel of Barristers and Solicitors it offers legal defense in cases of wrongful arrest and prosecution for purely political offenses.

During 1934 the Council took the lead in opposing the notorious Sedition Bill and secured ameliorative amendments to it before its final. passage. Since 1935 the Council has supported an investigation into the semi-Fascist conditions existing in Northern Ireland, and is still pressing the charges of the Commission of Inquiry that “a state of virtual Cabinet dictatorship exists in that Province, that the rule of law has been abrogated, and that persons are imprisoned indefinitely without trial.”

Anti-Semitism Fought

Chief among the activities of the Council is its work in maintaining the democratic rights of Jews in the face of the antiSemitic terror created in the East End of London by Sir Oswald Moseley and his Fascists. It reports that the Blackshirts have for over two years carried on a “‘systematic campaign of anti-Semitism ... with all the expected accompaniments of physical violence and scurrilous abuse, on the Nazi pattern.” Jews have been attacked, beaten, and subjected to vile persecution. Store windows, mail boxes, and lamp posts are plastered with such slogans as “Every Jew is a burden on the back of a Gentile,”

““Kill the Jews,” and “Perish Judah.” The

Council alleges that when the Blackshirts are actually hailed before the Police Magistrates, they receive extreme leniency. And, according to a report by Prof. Harold Laski issued by the Council, ‘There is an ugly body of suspicion abroad about police behaviour in dealing with the problems created by the Fascist movement.’ The Council itself. charges that in striking eon: trast to their behaviour to anti-Fascist ‘demonstrators, “it has now become a regular practice of the police to act virtually as stewards at Fascist meetings and to check perfectly pertinent and ord erly heckling.”

Police Interfere With Anti-War Propaganda

As might be expected under such circumstances, the Council has had a great number of cases to deal with involving the distribution of Pacifist and anti-war propaganda. So systematic has been the police interference with the circulation of pacifist . literature that. the accusation is made that the orders under which the police act emanate from the Home Office. A test case against the police for unreasonable in- terference and seizure of literature at the Cambridge air display brought forth from the Chief Constable of Cambridgeshire the admission that his instructions were ‘“‘to confiscate anything of a Communist flavour.” The literature “of a Communist flavour” so confiscated consisted of antiwar quotations from Dr. Maude Royden, Rev. Canon Sheppard, Mr. Lloyd George, and Mr. Bernard Shaw.

Public Order Bill Opposed

The so-called Public Order Bill has been opposed by the Council from its inception. The Bill forbids the wearing of political uniforms, and the training and equipping of armed groups. But, while ostensibly aimed against the militarization of politics in general, the Council believes that the Bill is unnecessary and that it “tends further to curtail the reasonable liberty of the subject.” The Bill was first drawn, though previously considered, after Sir Oswald Moseley’s bloody march with his Blackshirts through the London Kast End. Avowedly, it aimed at preventing a recurrence of serious disorders; but the Council contends that Acts long on the statute books, had they been invoked, would have prevented the October riots and are still sufficient when Magistrates will employ them. It believes that the Public Order Bill as it now stands not only contains. loopholes peculiarly accessible to the Fascists, but also provisions capable of being used for definitely repressive purposes against democratic organizatinos. It points out that the clause giving Magistrates the power to forbid and disperse groups making a display of physical force or merely arousing “veasonable apprehension” that they are so doing, can easily be applied to hunger marchers, labor parades, or almost any orderly procession seeking political ends.

LaFollette Committee Needs Help

We have the following communication from Roger N. Baldwin, national director of the A.C.L.U., addressed to friends o civil liberties:

“The Senate Committee on Civil Liberties has exhausted the $40,000 appropriated last winter for the continuance of the committee’s work. On a total of $55,000 the committee has done the most significant job ever done in exposing violations of civil liberties in industrial conflict. “Their work is only partially done. The committee is asking for $50,000 more to continue its job. The request for the appropriation is before the Committee of Audit and Control headed by Senator James F, Byrnes of South Carolina.

‘"May we request that you write promptly to Senator Byrnes, and if possible to your own senators, urging that the work of this committee be supported by a new appropriation ?”’ anyone within the meaning of the. statute. : mt It is expected the prosecution will be dropped. pression exceeds the

Union Wins : First ‘Skirmish In “Mercury” Libel Suit

Supreme Court Justice William T. Collins of New York last week turned down — the “American Mercury’s” motion for dismissal of the Civil Liberties Union’s suit for $50,000 damages. The Union is charging that it was libelled by a leading article in last December’s issue of the magazine in which it was accused of being a “prelude to the American Revolution.”

Said Justice Collins in a written memorandum:

“It is not penalizing or curtailing freedom of opinion or criticism to hold that the article appearing in the defendant’s magazine is libelous per se .... It would seem that this offending article does more than express opinion; in any event it is for the. jury to decide whether the defendant went beyond the limits of fair criticism. .. . Freedom of expression is an indispensable | policy in a democracy. But when the ex— bounds, the utterer is answerable.’’

The expected decision by the Department of Labor in the long-pending Koci deportation case has not yet been received.

Page4

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: EXbrock 1816 ERNEST BESIG Editor PAULINE W. DAVIDS.........................Associate Editor : Subscription Rates—Fifty Cents a Year Five Cents per Copy

Criminal Syndicalism Appeals Argued In Sacramento

Editor's Note: The following article was crowde out of our July issue of the "NEWS."

The Third District Court in Sacramento on June 9 took under submission the appeal in the Sacramento criminal syndicalism convictions, which date ‘back to April 1, 935. At the conclusion of all day oral arguments, the court, pending its decision, declined to release on bail the three appeliants who are still in jail, but instead promised a prompt determination of the case. Justices Pullen, Plummer and Thompson heard the arguments.

"Six of the eight appéllants were in court, ‘including the three men who are still serving sentences in San Quentin. Martin Wil‘son, Pat: Chambers, Nora Conklin and Caroline Decker all argued their own appeals, while Raymond Henderson appeared in behalf of Norman Mini, and Leo Gallagher -yepresented the remaining appellants. The American Civil Liberties Union had on file two amicus.curiae briefs urging reversal -of the convictions on the ground that. the appellants’ civil liberties had been abridged

“The. appellants were convicted of “conspiracy to commit. criminal syndicalism, that is, conspiracy to effect a political change or a change in industrial ownership ~ or control by force and violence. Alleged co-conspirators were acqtiitted on the same évidence. It was contended that the convictions must be reversed because if one ‘person was innocent then all must be inno©The appellants denied that the Communist Party..advocates the violent overthrow of the government or of the existing economic ‘order. It. was claimed instead that the Party.relies upon the support of the. masses who. constitute.90 per cent of the population; that when. such support Is finally gained and an electoral ‘majority secured, the Fascist element will not relinquish power without-a resort to violence.

~ While denying that they advocated force ‘and violence to overthrow the government, the appellants nevertheless argued that a law such as the Criminal Syndicalism Act, which abridges the right of free speech, free press and free assemblage, may con- stitutionally be invoked only when there is a clear and present danger of substantive evil... No clear and present danger was shown by the prosecution, nor were the defendants permitted to show that no danger existed. In support. of this argument the appellants cited the recent Supreme Court decisions in the Angelo Herndon and de Jonge cases.

« Lloyd Buchler, special prosecutor and deputy attorney general, took less than half an hour to present his argument. He contended that when the defendants admitted their membership in the Communist Party that made them members of an unlawful conspiracy. He stated that ‘Carojine Decker and -Pat Chambers were creating strikes.. ....for the sole purpose of gaining members for the Communist Party .,.,” and cited that as an overt act in the conspiracy. Other asserted overt acts consisted of organization of cannery workers ~and the unemployed, sales of .Communist literature, and.the organization and operation of the Sacramento Workers’ School eonducted. by the Communist. Party.

The appellants insisted that: their imprisonment had “not induced them to change their opinions. Instead, they declared, they> were Communists and would continue to be Communists.

charge is denied by Gastineau.

TEACHER CHARGED WITH. “‘“UNPROFESSIONAL CONDUCT” FOR TEACHING TOWNSEND PLAN

Classroom study of the Townsend Plan may result in the dismissal of Charles L. Gastineau, social ‘science’ teacher in -the Calaveras Union High School,-San Andreas, on charges of “unprofessional conduct.”” The charges were filed by the -Board of Trustees of the District and served upon Gastineau who demanded a ‘hearing provided by the California’ School Code. If the charges are pressed, a complaint must be filed in the Superior Court by the school trustees.”

The complaint states that Gastineau ‘did stimulate, advocate, ericourage and. foster classroom study, debate, discussion, recitation and instruction on the part of the pu- pils and did himself take part therein with respect to material contained in ‘bullétins, circulars and publications . . . which pertained to an organization not’ directly under the control of the school authorities’ of said school and school district, namely, an organization known as ‘Townsend Club.’” It is also charged that Gastineau | “did recommend, -solicit and encourage | students to obtain and purchase life insurance, and did in fact... . solicit and sell life insurance to said students as a result of his solicitations therefor in said school:’. Th ' The American Civil Liberties Union ‘con- demned the charges against Mr. Gastineau as “frivolous” and “an attempted gag on teaching.” We see nothing reprehensible in the allegations of the complaint,” said the Union. “It cannot be argued that a study of the Townsend Plan is irrelevant to a course in social science. On the contrary, nobody can know anything about recent history in California without knowing something about the Townsend: movement and old age security plans. With Dr. Townsend a front page figure, no class in current events could: escape: noticing him.

‘If the subject had a proper place in the classroom discussion, the school trustees cannot object because they do not agree with the opinions expressed in. the material considered. A teacher must be permitted freedom in* the exposition of his own subject in the classroom; and should not be bound to echo orthodox views or the opinions of a particular community.”

Wire-Tapping Condemned (Continued from Page 1, Col.2)

in the insidious encroachment by men of zeal, well-meaning but without understand- ing.’

“Not only is the wire-tapping in this.case to be condemned as lawless enforcement of the law, but it impairs the guarantees of our federal and state constitutions as well. The fourth amendment to the United States Constitution provides that, ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but. upon ‘probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’ The American Civil Liberties Union has consistently taken the position that the tapping of telephone wires to obtain evidence violates the spirit of this constitutional guarantee. That is’our position today.

“The search and seizure provision of the Constitution was adopted because officials invaded homes by means of writs of assistance or general search warrants, and then ransacked them for evidence of some violation of the law. Today, officials: attempt te accomplish the same result by tapping telephone wires,

“Justice Brandeis has pointed out that the search, and seizure amendment to the Constitution confers, as against the government, the right of privacy. That right is defeated if prying officials may tap telephone wires with impunity. “We feel that, ‘It is better that a few criminals escape than that the privacies of -ment to prison officials.

» Protests Bring Medical «Care for Tom Mooney

-. The Tom Mooney Molders’ Defense Committee recently charged that San Quentin prison officials were subjecting Tom Mooney to cruel and unusual punishment in that he had been denied proper dietary care for “a bleeding ulcer of the duodenum.’ In a letter written to Warden Court Smith, the A.C.L.U. pointed out that, “‘The ‘complaint is supported by photostatic medical reports. of physicians at the San Francisco Hospital who recommended a ‘modified sippy diet for a matter of 3-4 . ‘months after discharge from the San Francisco Hospital.”

“We do not ask special privileges for Tom Mooney,” said the Union. ‘We assume, however, that ANY person com‘mitted to San Quentin is entitled to receive necessary medical care and attention. May we, therefore, respectfully urge you to take immediate steps to see that Tom Mooney is -provided with proper care during his. illness.”

The Warden Replies 15 Two-weeks later Warden Smith replied ‘that **...... this matter has been investigated not only by-myself but by the entire State Board of Prison Directors, after a conference with Dr. L. L. Stanley, the Resident — Physician. ‘

“After. such investigation and consultation, I am able to advise that the inmate above referred to is receiving such treat‘ment and diet as his physical condition ‘requires, and that he has personally expressed: himself to the Chairman of the State Board of Prison Directors and to me that he is perfectly satisfied with his treat- ment.”

Press reports indicated that Tom Mooney never had complained about his treat“This is because a complaint from a prisoner, no matter who he is, is worthless,’ explains the Defense Committee. “Had Mooney raised his voice in protest, he would immediately ‘have been subjected to ‘riding’ on the part of prison authorities or transferred to Folsom Prison, as predicted by the San Fran-. ‘cisco News last year.’ But Mooney’s friends, supporters and counsel did make formal complaints to the Warden, and, ‘says the Defense Committee, “It was only -after the storm of protest which came from individuals and organizations throughout ‘the’ country, from the American Civil Liberties Union; the International Labor Defense, the United Automobile Workers of America, the Maritime Federation of the Pacific Coast, a prominent group of Hollywoodactors, and countless others, that Tom Mooney was given the fair and equal treatment he was entitled to and food he needed for his very life.”

The Habeas Corpus Proceedings

» Mooney’s habeas corpus proceeding was argued before the California Supreme Court the latter part of April. The evidence consists of twenty volumes of 14,000 typewritten pages of transcript testimony ‘and:six hundred odd exhibits introduced in the course of a hearing that lasted more than a year. The State Constitution re‘quires appeals to be decided in 90 days, but that provision is evaded by not “‘submitting’’ the case to the Court. .Technically, the Court does not yet have the case before it. And a decision may not be handed down until the latter part of this year.

life of all the people be exposed to the agents of government, who will act at their own discretion, the honest and the dishon-est, unauthorized and unrestrained by the — courts.’

-“Consequently, the American Civil Liberties Union condemns the practice of wire- tapping as un-American, contrary to the spirit of the Constitution, and illegal. Such a method of crime detection should not be _ tolerated by liberty loving people, and, for the protection of all, we ask that this illegal practice be discontinued.”