vol. 2, no. 9

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal vigilance is the price of liberty.”

Vol. II SAN FRANCISCO, CALIFORNIA, SEPTEMBER, 1937 No. 9

S. F. FACES PICKETING BAN

Initiative Petitions Being Circulated To Establish Anti-Picketing Law

San Francisco again faces the prospect of an anti-picketing ordinance, less than six months after the previous law was repealed by a vote of the people. Initiative petitions are being circulated, principally in the financial district, for the adoption of an antipicketing ordinance much more stringent than the one that was repealed last March. If 9251 valid signatures (5% of the total vote cast at the last mayoralty election) are secured and filed by September 138, the measure will go on the November ond ballot. If the signatures are not obtained by that time, however, the proposed ordinance cannot be voted upon until November, 1938, unless the petition specifically requests a special election and bears valid signatures amounting to 10% of the total vote cast at the last election.

San Francisco’s previous -anti-picketing law was adopted in 1916 by a vote of 74,028 to 68,299. Repeal was accomplished on March 9, 1987, by a vote of 78,098 to 68,— 765, or by a majority of 9,333 votes.

Sponsors Remain Hidden

The sponsors of the proposed initiative are not definitely known. In fact, the cir- culation of the petitions is clouded with the greatest secrecy. Rumor has it that Harvey Toy, owner and ,manager of the Manx Hotel, who bitterly fought organization of his workers during the recent hotel strike, is the prime mover for the proposed law. But from our information the Down Town Association has had a hand in the business, and Mr. Toy is a powerful influence in that organization.

A request was made of the Down Town Association for a copy of the petition. We were informed that they had no petitions on hand but if we would leave our telephone number they would advise us where the forms could be obtained. Shortly after' ward we received a message from them to the effect that the petitions are available andd Company, an advertising firm located at 830 Market Street, San Francisco. They furnished us with: a copy of the proposed law. |

‘Needless to say, the advertising firm is . merely the promoter and not. the sponsor §and of this petition. Behind it must stand large financial interests which have put up the money necessary to finance the project which will undoubtedly cost tens of thou- sands of dollars.

Penalties Increased

Mr. Robinson, the advertising promoter, claimed the proposed law is the same as the one recently repealed. As a matter of fact, however, the proposed law is just about twice as long as the old law, contains six sections instead of three, is much broader in its terms and prescribes heavier penalties. The maximum fine has been raised from $100 to $500, while the minimum fine has been increased from $25 to $50. The maximum jail sentence is still 50 days, but the minimum imprisonment is 12 days instead of 5 days.

Differing from the repealed ordinance, the proposed measure prohibits the display of any “emblem, symbol, ribbon, card, paper, picture, writing or printing, newspaper, magazine, journal or other publication, in any building, hote, apartment house, restaurant . . store, place of amuse(Continued on Page 4, Col. 2)

WE MOVE Faced with a $5.00 increase in our ' monthly rental, effective September 1, - we have just moved from our office in 7 the Mills Building to 612 Exposition § i Building, 216 Pine St., at the corner # of Pine and Battery Streets. Our rent | # remains $27.50 per month. # Our new quarters are a distinct im| provement over the office we occupied / in the Mills Building. There we were i compelled to work under artificial lights throughout the day. Now, we ff have a bright, cheerful office, slightly | larger than the one we occupied prei viously. The new building is not as # pretentious as the old, but our par[| # ticular office is immeasurably better. [ Furthermore, we are still close by the §@ attorneys who throughout the years § have so generously volunteered their — We invite you to visit us at our new EF} quarters.. Take either a California | # cable car or any Market street car, get § f off at Battery street and walk over one § and block. to Pine street.. The Exposition * Building derives its name from the fact that its was the headquarters for the exposition in 1915. It has no connection with the 1939 exposition.

Our telephone number remains the [| same as before—EXbrook 1816. Our f| new address will be listed in the tele[| phone directory that will be issued | November 1. Hereafter then you may

American Civil Libert‘es Union, Northern California Branch, 612 Exposition Bldg. 7 216 Pine St., San Francisco, Calif. Phone: EXbrook 1816.

Oppose Naming of Rich To State Supreme Court

Tom Mooney, from his cell in San Quentin Prison, urges Californians to oppose the anticipated nomination of State Senator W. . P. Rich of Marysville to the California Su- preme Court. Mooney’s letter follows: Reports ar

e current that Governor Merriam will appoint State Senator W. P. Rich of Marysville to the California Supreme Court.

All friends of labor and all progressiveminded people should immediately protest to Governor Merriam the appointment of Senator Rich, who has been one of the most reactionary members of the State Legislature and who time and again has helped to defeat labor bills and progressive tegisla-— tion, and has fostered laws designed to aid the forces of entrenched wealth.

During the last session of the Legislature, Senator Rich was one of the leaders in the Senate in the campaign which successfully defeated the attempt to grant me a legisla- tive pardon. On that occasion, Senator Rich was vituperative and vicious in his attacks upon me, which are also an attack on ail organized labor. Senator Rich must not be appointed to the California Supreme Court, not only because of the reactionary stand he will take when my petition for a writ of habeas corpus is decided by that Court, but also because he will be an enemy of labor on the bench. I[ call upon all lovers of justice and all progressive people to immediately wire or write Governor Merriam, protesting Senator Rich’s appointment to the Court and calling upon the Governor for the appointment of a genuine progressive who will be responsive to the wishes of the people of California.

I send you my grateful and profound thanks for your splendid services to the cause in which we are all joined, and with warmest regards and the pert of good wishes, I am, Sincerely, TOM MOONEY.

SACRAMENTO C. S. DECISION DUE; MINI GOES FREE

A decisien by the Third District Court of Appeal in the Sacramento criminal syndi- calism cases must be handed down by Sep. tember 8. On that date ninety days will have elapsed since the case was argued and submitted—the maximum time allowed by the State Constitution for courts to decide — cases.

Norman Mini, C. S. victim who was released on 16 months parole, May 1, 1936, has now satisfied the terms of his sentence and is onceagain a free man except for the disabilities attaching to a person who has been convicted of a felony. The appeal in his case will nevertheless be continued.

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PITTMAN GAG BILL TERMED UNCONSTITUTIONAL IN LEGAL OPINION

The Pittman bill banning demonstrations before foreign embassies, first gag legisla- tion passed by either the Senate or ee at this session of Congress, was termed “ constitutional” by the American Civil Liberties Union in a legal memorandum on the measure sent to fifty-five leading members ‘of the House.

Introduced at the request of the State Department, the Pittman bill (S.J.R. 191) passed the Senate with an amendment by Senator LaFollette exempting labor picketing. An identical bill, introduced by Rep. McReynolds (H.J.R. 478) was reported favorably out of the House Committee on Foreign Affairs. The legislation would require a police permit for any demonstration within 500 feet of a foreign embassy.

The Union, in its memorandum, charges that the bills are unconstitutional on the grounds that they violate the First Amendment in infringing upon freedom of speech and assembly, and of the Fifth Amendment, in denying due process of law. Assailing the vagueness of the bills’ language, the memorandum points out that “a person displaying a placard or a magazine announcing an article on ‘The Horrors of Fascism might be convicted under its terms . Such legislation typifies dictatorships and is utterly inconsistent with the American constitutional principle that persons shall be convicted of crimes based upon clear and certain standards of guilt.”

Types of assemblage to be ordered dispersed, according to the Union, are not in- dicated and people meeting in a private home within two blocks of an embassy would be liable to arrest. Citing the recent U.S. Supreme Court decision declaring the Wisconsin Anti-Injunction Act constitutional, the memorandum points out that “‘the Court has now definitely decided that peaceful picketing is embraced within the | constitutional guaranty of. freedom of speech.

“There can he no justification for the sweeping restrictions upon speech and assembly embodied in the bills. No claim can be made that the bills are intended as a regulation of the streets or of traffic because it extends beyond the streets and sidewalks. The purpose of the bills is to prevent criticism of foreign governments and their parties. Certainly the law of slander and libel afford adequate safeguard against im' proper attacks upon foreign governments and for that reason there is no constitutional

justification for the infringement upon civil liberties provided by the bills.”

The Union’s legal opinion was prepared in co-operation with the International Juri- dical Association.

ORGANIZATION OF WORKERS LEADS TO ANTI-PICKETING LAW IN MODESTO

Modesto adopted an anti-picketing ordinance on August 25, modeled after one which obtains in Salinas. Mayor James H. King declared the ordinance was made necessary ‘“‘by an influx of outside labor agitators who are creating conditions dangerous to the peace and public safety of the city of Modesto.”

DR. CHARLES A. HOGAN RETURNS

Dr. Charles A. Hogan, Chairman of the Northern California Branch of the A.C.L.U. has returned to San Francisco after spending about four months in the East. During his absence Helen Salz was Acting Chairman of the Committee.

JUSTICE HOLMES: If there is any principle of the Constitution that more impera- tively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought we hate. (Dissentig ae the case of Rosika Schwimmer,

Tom Mooney Recovering From Illness

Tom Mooney has been in the San Quentin Prison hospital since August 2nd, suffering from a serious gall bladder infection. Consideration of an operation was abandoned when the condition responded to treatment. George T. Davis, attorney for Mooney, informs us that Tom has almost recovered and is convalescing. At the same time he works as a kind of orderly in the prison hospital, and the prospect is that he will continue in that capacity while he remains at San Quentin Prison. The State Supreme Court has not yet taken his case under submission, but we are informed that there may be some action sometime in September.

NEW ANTI-PICKET LAW IN LONG BEACH, CALIF.

A new “air-tight” anti-picketing ordinance, recently passed in Long Beach, Cali- fornia, prohibits picketing in all its forms. The maximum penalties for violation are $500 fine and six months imprisonment. Striking auto repair workers in that city have been picketing under the terms of a Superior Court preliminary injunction which prohibits pickets from molesting employers and employers from molesting pickets. The new ordinance will undoubtedly be used against them.

The Southern California branch of the A.C.L.U. is prepared to offer assistance in a court fight to have this law declared invalid as was the former one.

With this issue of the “News” we are enclosing announcements to 111 persons advising them that their memberships in the Union expired sometime between January and September (in- clusive). If you are one of the 111, . won’t you please renew your membership NOW. Or, if you made a pledge for 1937, may we not have full payment at this time?

CHICAGO MASSACRE PICTURES ON SALE

San Francisco motion picture theatres have refused.to show the famous Chicago Massacre pictures. Sixteen millimeter films of the massacre may be purchased, however, from the Paramount Studios in Holly— wood, at a reported price of $17.50. The American League Againsst War and Fascism has already purchased the film and is undertaking showings in Northern California.

LaFOLLETTE REPORT ON CHICAGO MASSACRE AVAILABLE

Copies of the final report by the Senate Committee on Civil Liberties on the Memorial Day police massacre of ten people in the Republic steel strike at Chicago are now available at the U. S. Government Printing Office. The 48-page report contains seven photographs.

“We conclude that the consequences of the Memorial Day encounter were clearly avoidable by the police,” the report declares. ‘‘The action of the responsible authorities in setting the seal of their approval upon the conduct of the police not only fails to place responsibility where responsibility properly belongs but will invite the repeti- tion of similar incidents in the future.”

WENDELL PHILLIPS: No matter whose the lips that would speak, they must be free and ungagged. The community which dares not protect its humblest and most hated member in the free utterance of his opinions, no matter how false or hateful, is only a gang of slaves. If there is anything in the universe that can’t stand discussion, let it crack.

The Issues Ahead

The following are the chief issues of national importance now pending: 1. The court proceedings in California for the freedom of Thomas J. Mooney, to be taken, if they fail, to the United States Supreme Court.

2. The appeals in the cases of the five Scottsboro, Alabama, boys.

3. The argument in the United States Supreme Court on denial of the vote to those who fail to pay large poll tax arrears.

4. The cases pending in the courts with a view to an appeal to the United States Supreme Court involving expulsion of school children who refuse on reoiow grounds to salute the flag.

5. The bills pending in Congress to extend freedom on the radio.

6. The bill pending in Congress to substitute court review for the present oneman postoffice censorship of matter regarded as obscene or seditious.

7. The bill pending in Congress for reestablishing the right of asylum for po- litical refugees.

8. The bill in Congress for federal action in lynchings.

9. The appeal of the criminal syndicalism defendants at Sacramento, California, now before the District Court of Appeals.

10. The appeal for citizenship of a Mennonite clergyman refusing to promise to bear arms—on its way to the United States Supreme Court.

11. The status of Puerto Rico in relation to the United States—with an opportunity to vote on independence, statehood, or the status quo. :

12. The appeal to the Pennsylvania Supreme Court of the conviction of Emerson Jennings, Wilkes-Barre printer.

ANTI-LYNCHING BILL SET FOR SENATE ACTION

After deadlocking the Senate and throw ing the closing days of Congress into a panic, the supporters of the Wagner-Van Nuys anti-lynching bill agreed to a proposal made by Senate leaders that the bill be set down definitely on the Senate calendar for action in the next session after the farm bill.

Action on the anti-lynching bill will be taken either at the regular session begin- ning next January or at the special session sometime in the fall, if a special session should be called.

The resolution making the anti-lynching bill the unfinished business of the Senate was proposed by Majority Leader Alben W. Barkley, of Kentucky, and passed by a two-thirds vote August 12.

The resolution means that the anti-lynching bill will not have to fight for a place on the calendar and that there will be no argument over whether it should be taken up or not. It means that the anti-lynching bill is definitely set down on the Senate calen- dar and must be debated and voted upon.

LOCAL COMMITTEES OF THE A.C.L.U.

Aside from the state and city representatives of the Union all over the country, and in the colonial possessions, local committees conduct active work in thirty-three areas, of which three employ full-time secretaries—Southern and Northern Califor- nia and Chicago.. In Washington, D. C., a full-time .secretary was employed. ‘during the session of Congress; and.in New Jer‘sey and New York City, part-time secreta‘ries. All others are staffed by volunteers.

LaFOLLETTE COMMITTEE GRANTED ADDITIONAL FUNDS

Before Congress adjourned the Senate appropriated $35,000 for the Senate Committee on Civil Liberties to continue its significant work. Senator LaFollette had asked for $50,000. Thus far the Committee has been allotted a total of my 000 to carry on its eee ane.

‘IS YOUR MEMBERSHIP DUE?”

PALO ALTO RESIDENT ADVOCATES FASCISM

A United Press dispatch from Kansas City conveys the information that George E. Deatherage of Palo Alto is one of the country’s leading fascists. Speaking for the American Christian Conference, a confereration of such organizations as ‘““America in Danger,” “Washington’s Bodyguard,” “American Nationalists’ Conferedation,” and “Defenders of the Christian Faith,” Mr. Deatherage outlined the program of the Conference as follows:

“We are against communism. We are for Americanism. The million members of our organizations believe in some form of fascism because a militant force is the only way to combat communism.”

A.C.L.U. QUESTIONS SENATOR BLACK’S CIVIL LIBERTIES RECORD :

When the Senate had before it President Roosevelt’s nomination of Senator Hugo Black to the Supreme Court, the Board of Directors of the American Civil Liberties Union urged the Senate to ‘‘ascertain Senator Black’s views on civil liberties” in considering his qualifications for the post. In a telegram to Senator Robert M. LaFollette, the Union said:

“May we suggest that in considering the qualifications of Senator Black for the Su- preme Court, the Senate ascertain his present views on civil liberties. We call your attention to certain positions formerly taken by the nominee which require explanation, namely: acceptance of support from the Ku Klux Klan, consistent silence on the Scottsboro case in Alabama, approval of racial discrimination in public relief, par- ticipation as chairman of the Senate investigating committee which violated constitu- tional guarantees of search and seizure by the wholesale appropriation of private cor- respondence, and his recent reported threat to filibuster against anti-lynching legisla- tion. “Since many significant issues coming before the Supreme Court involve civil rights, it is of great importance that the justice appointed be a staunch defender of our Bill of Rights.”’

FREE SPEECH FOR NAZI GROUP AT KENOSHA, WIS., DEFENDED

On the ground that denial of free speech to one group would inevitably lead to denial to others, the American Civil Liberties Union last week came to the defense of the Nazi Volksbund at Kenosha, Wis., whose permit to hold a demonstration was revoked by the City Council following protests by labor unions and progressives.

In a telegram to the president of the Kenosha City Council, the Union urged reconsideration of the ban. ‘‘The American Civil Liberties Union is not concerned with the doctrines of this or any group,” said the telegram, “but we are convinced that its right to freedom of speech should not be curbed so long as its meetings are peaceful. Denial of a permit to use the streets for a demonstration because of opinion con- stitutes un-American and unconstitutional interference with freedom of expression.

On the principle that denial of free speech for one group will inevitably lead:to denial to others, we urge the granting of.a permit with proper police protection to prevent any threatened disorder.”’ a

The Volksbund, an organization support. ing the Hitler regime in Germany, and - whose members wear uniforms, were finally compelled to hold their demonstration inside the German-American Club..

JUSTICE CHARLES EVANS HUGHES:

It is the essence of the institutions of liberty that it be recognized that guilt is personal and cannot be attributed to the holding of opinion or to mere intent in the absence of overt acts. (On the ouster of the Socialist oo at Albany, N. Y., January, 20. ;

Naturalization Examiners Charged With Misconduct

Complaints have been lodged with the Civil Liberties Union that naturalization ex- aminers in San Francisco have indulged in improper conduct in examining applicants for citizenship. The improprieties have expressed themselves in irrelevant questions and partisan lectures. On one occasion an examiner is reported to have delivered a sermon opposing the President’s court plan. In another instance, an applicant was asked the puzzling question of what would happen if Henry Ford died. It turned out that he really wanted to know what steps the government would take if Henry Ford’s estate did not have sufficient cash to pay the assessed inheritance tax. Would our tax officials seize the Ford automobile plants and operate them until they could be disposed of? That question led to a stirring condemnation by the examiner of government ownership and operation of industry.

Another question that has given applicants uneasy moments is whether there is a government that is as good as or surpasses ours. If one ventures to suggest that England has a government comparable to ours, or that Canada or some other country might be just as good, the examiner insists that the government of the United States has no equal. Needless to say, your alien must beware not to say a friendly word for Russia. He may even have this question shot at him, “What would you do if the Communists erected barricades in San San Francisco?”

It is certainly not the duty of naturalization examiners to insist upon or to encour- age the entertainment of partisan views. They may properly inquire into the candi- date’s knowledge of the form of our government, and reject anyone who is an an- archist or is opposed to all government, who advocates the violent overthrow of our gov- ernment, or who is a polygamist or believes in polygamy. That is the law. And the ap- plicant must truly renounce allegiance to his fatherland, while affirming his support of this country and his willingness to defend it against its enemies. But outside of these requirements the law does not demand the holding of particular political, economic and social views as a pre-requisite to citizenship. An applicant may be a So- cialist, a Single Taxer, a Farmer Laborite a supporter of organized labor, or anything else he chooses. |

The Civil Liberties Union has undertaken to inquire into the foregoing complaints and will from time to time have observers attend naturalization hearings. One of the two examiners who handle most of the work in San Francisco has already denied that. he has at any time asked improper questions. The other examiner, a staunch legionnaire, has been on his vacation and n Sse: to.return to his duties September 1.

If any of our readers have information concerning the conduct of naturalization examiners we would appreciate receiving it. If our investigation discloses misconduct, appropriate action will be taken to remedy the situation.

Request Action In Three Deportation Cases

The A.C.L.U. has requested the Immigration Service in Washington to hand down final decisions in three deportation cases in which hearings have been concluded and on which recommendations have been made by the local Immigration Service. The cases are those of Jack Warnick, Frank Koci and John Pappas.

Warnick was arrested on a warrant dated July 27, 1935, and has been at liberty on $1,000 bail for more than two years. While the local Immigration Service recommended that Warnick be deported, we are informed that the federal authorities have sought unsuccessfully to secure a visa from the Canadian government because the latter have been unable to locate any record of Warnick’s birth in that country. Warnick claims he came from Canada at the age of 2. —

Frank Koci was arrested on a warrant dated May 14, 1936, and he also remains at liberty on $1,000 bail. The local Immigra tion Service has recommended cancellation of the warrant of deportation. |

John Pappas’ case arose May 22, 1936.

After the usual hearings the local Immigra| tion Service likewise recommended cancellation of the warrant of deportation. ..

“POLL SHOWS PACIFIC. COAST AS STRONGHOLD OF VIGILANTISM .

Seventy-six per cent of ‘the people in the United States oppose vigilantism. That is the result of a poll conducted by the American Institute of Public Opinion (the Gallup poll), according to an announcement dated August 16. The Pacific Coast, however, has the doubtful honor of having the most advocates of vigilantism. Thirty-four per cent of those polled in that area answered ‘“‘ves’”’ to the question, ‘(Do you approve of citizen groups, called vigilantes, which have sprung up recently in strike areas?”

TOWNSEND CLUB PRAISES A.C.L.U. STAND IN GASTINEAU CASE

The local office of the Civil Liberties Un-' ion is in receipt of the following communi© cation from the Townsend Club No. 2 of Vallejo expressing appreciation for our stand in the Gastineau case “Please be advised that Townsend Club,. No. 2, at our last meeting wishes to express our appreciation to you for your stand in the matter of the charges of unprofessional conduct by the Calaveras Union High School Board against Charles L. Gastineau, teacher, for his classroom study of the Townsend Plan.

“We believe this plan should be studied and debated upon by the growing youth of today; and the social science classroom in. the schools of America is the one place in particular where this should be taken up because of the urgent need of and benefit to the thousands of youth of this time who | have no work, nor security from want when they leave their studies for life’s problems — -on their own efforts.

“May we ask that you advise us further ‘in regard to this particular case. We are writing to the Schoo! Board protesting their getion.

At.this writing no further action has been taken against Mr. Gastineau. If the School | Board intends to press the charges pending against him it must file a complaint.in the Superior Court. This has not been done.

NEW BOOKS ON CIVIL LIBERTIES.

“Poisons, Potions, Profits: The Antidote to Radio Advertising,’ by Peter Morell.

A “consumer’s handbook” on products advertised over the air, based on Consumers Union files. Reveals various interferences with freedom of speech by commercial sponsors. To eliminate censorship in radio, the author suggests the Scott radio bills sponsored by the American Civil Liberties | Union, or state-owned radio stations (Knight Publishers, 292 pages.)

PAY DUES and 1937 PLEDGES NOW”

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American Civil Liberties Union News

Published monthly at 216 Pine St, San Francisco, Calif., by the Northern California Branch of The American Civil Liberties Union.

Phone: EXbrook 1816 ERNEST BESIG Editor PAULINE W. DAVIBSG.........-.----0----.--.-Associate Editor Subscription Rates—Fifty Centz3 a Year.

Five Cents per Copy.

SAN FRANCISCO FACES ANTIPICKETING ORDINANCE

(Continued from Page 1, Col. 2)

ment,’ etc. During the operation of the repealed law it was quite common to see two or three persons selling the Labor Clarion in front of a struck business, and at the same time shouting the words, “Organized Labor.” Under the foregoing provision, however, it would no longer be permissible to engage in such peaceful acts.

Workers Must Testify Against Each Other

The proposed law not only prohibits any person from picketing, but would punish the Union leaders and any others responsible for picketing. Furthermore, it would compel one worker to testify against another, even though he claimed his privilege against self-incrimination. Section 5 of the proposed law provides that, ‘No person shall be excused from testifying . . . and no person shall be prosecuted . . . on account of matter... concerning which he is compelled ... to testify or produce evidence,” after having claimed his privilege against self-incrimination. If he refuses to testify the court may punish him for contempt without the formality of a jury trial.

One circulator we contacted resorts to misrepresentation in order to secure signa- tures. He asserted that the proposed initiative merely seeks the adoption of a law to prevent our streets and sidewalks from being blockaded. He insisted that there was nothing in the petition that would interfere with labor’s right to picket.

Women’s Chamber of Commerce Involved

Another circulator, a woman, stated she belonged to the Women’s Chamber of Com- merce—a new organization. Perfectly sin‘cere, but wholly ignorant, she upheld the petition on the ground that it would prevent violent picketing. The natural answer to such a contention is that our present ordinances and statutes already punish violence whether it be by way of coercion, intimidation, threats, assault, battery, mayhem or some major crime.

As yet no petitions have been filed with the Registrar of Voters, but it seems a fore- gone conclusion that the proponents of the measure will be able to garner the neces- sary signatures by September 13.

Register Now

We urge our friends in San Francisco not to sign the petitions. If you have already done so under some misapprehension, you may file an affidavit with the Registrar of Voters at once asking that your name be stricken. The affidavit may be taken before a Deputy Registrar of Voters in the City ‘Hall. If you have moved since the last elec- tion REGISTER NOW. The last day to register for the November election is September 28rd. )

A GENERAL PRINCIPLE |

The Civil Liberties Union stands on the general principle that all thought on matters of public concern should be freely expressed without interference. Orderly social progress is promoted by unrestricted freedom of opinion. The punishment of mere opinion, without overt acts, is never in the interest of orderly progress. Suppression of opinion makes for violence and bloodshed. This is the historic American position on free speech stated once for all by Thomas Jefferson:

“It is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order.”

Freedom Of Assembly

Decreasing interference with public meetings of groups unpopular with the authorities marked the year ending June l, 1937. The instances are scattered and represent no continuing policy except in Jersey City, where Mayor Frank Hague determines who shall speak and where. Of ten instances dealt with by the Union—by no means all of the reported cases—five affected the Communist Party. Most of the others were regarded as having Communist connections. Four of the instances involved the use of public schools or buildings. meetings in the 19386 national elections.

In Richmond, Va., the Union entered suit in the courts to compel the school authori-. ties to grant the use of the high school auditorium for a Communist Party meeting ad- dressed by the Negro vice-presidential candidate. The proceedings failed. In Perth Amboy, N. J., a school board ban on a meeting of the League Against War and Fascism, to be addressed by Major General Smedley D. Butler, was appealed to the State Commissioner of Education. He declined to upset the ruling. In Milwaukee the city auditorium was refused for a Spanish loyalist meeting, on the ground that the United States is neutral!

In the Borough of Queens, New. York City, the borough president, who has long made political capital out of red-baiting, refused the use of Borough Hall to all Communist meetings and also a meeting of the League Against War and Fascism. Protests

PLEDGE I promise to give the sum of §.......... per month or .................per year toward the support of the American Civil Liberties .Union, No. Calif. Branch 216 Pine St., San Francisco, and I enclose §...................... as payment on the same. : I reserve the right to terminate this pledge whenever I see fit. Name Street City...... Date

JUSTICE HOLMES: But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes can be safely carried out. That, at any rate, is the theory of our Constitution. ¢ is an experiment, as all life is an experiment. Every year, if not every day, we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country. (Dissenting | in the case of Abrams et al v. U. S., 250 U. S. 616, 624, 1919.)

RALPH WALDO EMERSON: But if there be a country where knowledge cannot be diffused without peril of mob law and statute law; where speech is not free; where the post-office is violated, mail bags opened and letters tampered with; ... that country is, in all these respects, not civil, but barbarous.

‘Four affected political campaign

forced reversal of the ban on the League. In Hudson, N. Y., a ban on all Communist meetings by the city authorities was reversed by the Mayor after protests by the Union and others.

An extraordinary case arose in Pocatello, Idaho, where the Ministerial Association was refused a permit for an Armistice Day parade by the city council on the ground . that that day was sacred to veterans. Despite considerable pressure and protest by the Union and others, the ban stood and the ministers held their meeting in a private hall.

In Closter, N. J., the Union was forced to seek an injunction in the courts to pre- vent interference with a meeting protesting the killing of a worker in a strike. The court declined to intervene in time to hold the meeting.

May Day, 1937, went off with only one Instance of attempted interference—Union City, N. J., where a suit by the Union to enjoin the authorities in the courts succeeded. The student strike against war in -April was the greatest turn out of ‘youngsters in years, on and off campuses without interference.

= coast-to-coast tour of a delegation of distinguished Spaniards in the fall of 1937 resulted in one cancelled meeting at Rock Island, Iowa, where two hotels and the Labor Temple refused accommodation as a result of pressure from hostile forces. (From, Let Freedom Ring, annual report of the national office of the A.C.L : June, 1937.) — .U., issued

APPEALS FILED FOR FOUR SCOTTSBORO DEFENDANTS

Continuing the six-year struggle to free the nine Scottsboro boys, appeals from the recent convictions of four of the defendants have been filed in Alabama Circuit Courts by Osmond K. Fraenkel for the Scottsboro Defense Committee. New trials are asked for Andy Wright, sentenced to 99 years; Clarence Norris sentenced t death; Charlie Weems, sentenced to 75 years and Heywood Patterson, sentenced to 75 years. The Committee is also using every legal recourse to obtain the release of Ozzie Powell the fifth imprisoned Scottsboro youth, who pleaded “eullty 10 -4 charge of attacking a deputy sheriff and received the maximum penalty of twent years.

NORTHERN CALIFORNIA CIVIL LIBERTIES COMMITTEES

EXECUTIVE COMMITTEE Chairman Dr. Charles A. Hogan Director Ernest Besig Prof. Harold Chapman Brown A. Alan Clark. oo George T. Davis Hugo Ernst Prof. Glenn Hoover Mary Hutchinson Dr. Edgar A. Lowther Dr. Alexander Meiklejohn Judge Jackson H. Ralston Helen Salz Rabbi Jacob J. Weinstein Marie De L. Welch Samuel 8. White Charles Erskine Scott Wood ADVISORY COMMITTEE | Wayne Collins James J. Cronin, Jr. Morris Grupp ee Dr. Robert F. Leavens Clarence E. Rust Rev. E. C. Vanderlaan