vol. 1, no. 7

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal vigilance is the price of liberty.”

Vol. I SAN FRANCISCO, CALIFORNIA, AUGUST, 1936 No. 7

KIDNAPPING CHARGED AS WITNESS FLEES KOCI HEARING; FREE PRESS ISSUE RAISED

Flight of the government’s star witness, charges of kidnapping and star chamber tactics by the Immigration Department marked the progress of the Koci deportation case during the past month. At the hearing on June 5, Carmen Joan Dodson, whose avowed patriotic motives impelled her to file criminal syndicalism charges against her asserted lover, Frank Koci, failed to put in an appearance for cross-examination.

Inspector Patrick (“‘Red’’) Farrelly, in charge of the deportation proceedings, claimed that in the course of more than twenty-five years as an inspector this was the first time a government witness had failed to appear when called. He asserted that Miss Dodson had promised faithfully to be present, together with her attorney, and that her absence could only be accounted for by kidnapping or intimidation.

The insinuation was plain that counsel for Koci was under suspicion.

Federal Subpoena For Miss Dodson

Farrelly promised to compel the witness’ appearance by serving her with a federal subpoena. A, week later, however, he notified counsel that Miss Dodson had come in voluntarily to say that she had failed to present herself for cross-examination be- cause of “lies” that were being spread about her. She promised to appear at the next hearing which has not yet been set. Learning of the wide publicity that had been given the case, the local immigration office sought to hush up all news. Austin Lewis, counsel for Koci, and Ernest Besig, Director of the A. C. L. U., were asked to come to the Immigration offices on June 22 in order to talk ‘‘about the Dodson witness.” The reason advanced, however, was no more than a subterfuge since the discussion had nothing to do with the Dodson witness, but centered about the publication of a news story on the Koci case which appeared in the June 6th issue of the Open Forum, published by the Southern California branch of the A. C. L. U. This story was substantially the same one that appeared in the June issue of the A. C. L. U. News.

Star Chamber Hearing

Mr. W.E. Walsh, Immigration Inspector in charge of the San Francisco. office, re- quested a stenographic record of statements by Ernest Besig, Director of the A. C. L. U., concerning the publication of the story. He took exception to the publication of the story because it quoted several statements made by Carmen Joan Dodson. It was not claimed that these statements were garbled or untrue, but merely that they should not have been published. It seems that the local immigration office prefers to conduct star chamber sessions rather than to let the public know what it is doing. “T think the reason for the government’s attitude in this case is plain,” said Mr. Besig. ‘“‘We were showing that the statements the government is using for the deportation of a man from this country are so thoroughly unreliable that if any reasonable investigation had been made, the government must have rejected the evidence.”

Interference With Freedom of Press

It was the contention of the A. C. L. U. that Mr. Koci was given a copy of the war- rant of arrest and that appended thereto was a copy of the statement made by Miss Dodson. ‘It was his privilege to take these documents to every editor in the country in order to publicize his case,” said Mr. Besig. If the alien is satisfied to publicize his case, the government should not and cannot have any objection.” The A.C. L.U. insists that Mr. Walsh’s action can only be interpreted as an effort to smother and stifle the truth and to interfere with the freedom of the press.

A protest was lodggd with Edward W. Cahill, District Commissioner of Immigration and Naturalization in San Francisco, and a demand made that he remedy this patent interference with fundamental liberties. A copy of the protest was also sent to Madame Frances Perkins, Secretary of Labor in Washington, D. C.

Koci Charged With ‘‘Membership”’ At the hearing on June 5, peste ‘Red’ (Continued on Page 3, Col. 1)

TAR AND FEATHER TRIAL SET FOR SEPTEMBER 15

Jack Green’s damage suit against Fred Cairns, alleged leader of the Santa Rosa tar and feather mob and Secretary of the Healdsburg Chamber of Commerce, will be tried before a jury in the federal district court on September 15. Judge Michael J. Roche will preside.

An allegation that Sol Nitzberg’s ‘‘chief and principal occupation was the dissemin- ation of communistic propaganda in and about the County of Sonoma, State of Cali- fornia, and the agitation of strikes and labor troubles in said County,” was ordered stricken out of Fred Cairns’ answer in the Nitzberg tar and feather suit. The court also granted Austin Lewis’ motion to strike out an alleged answer by one Harold G. Campbell who sought to intervene in the suit.

NO DECISION IN SACRAMENTO FLAG SALUTE CASE

Although a month has gone by since the argument and submission of briefs in the “Nazi Flag Salute Case” in Sacramento, no decision has been handed down by Superior Judge Peter J. Shields. The A. C. L. U. is prepared to take an immediate appeal if the decision is adverse.

In Maywood, Illinois, school authorities refused to graduate 14-year-old Beverly Buffington, one of Jehovah’s Witnesses, because she refused to salute the flag. Later, the Board of Education relented, and granted the diploma. The President of the Board was credited with the following statement: ‘‘We try to inculcate a profound respect for the flag. It is a terrible thing for a child to be reared to think she should not pledge allegiance to the flag. Nevertheless, no State law covers the situation. If we compelled her to salute the flag it would not make her love the colors more.’

In New York City, the Superintendent of Schools announced that no student would be graduated who refused to salute the flag.

No. 7

GAG BILLS BEATEN IN CONGRESS; CIVIL LIBERTIES MEASURES WIN

The American Civil Liberties Union in a statement sent to the members of its National Committee throughout the country, characterized the second session of the Seventy-fourth Congress, just closed, as “one of the most helpful to the cause of civil rights in recent years, marked by the defeat of every single gag bill.”

The Union noted with special satisfaction the passage of the LaFollette resolution by the Senate for an investigation of violations of civil liberties and collective bargaining all over the country ; the defeat of the Kramer “sedition”? and McCormack ‘“‘military disaffection” bills punishing ‘mere opinions;” of the Dobbins bill to strengthen the Post Office’s powers of censorship by permitting prosecutions in places of receipt as well as of mailing; and the defeat of all bills to tighten the already stringent deportation laws.

The Union held as significant the passage of the Byrnes bill to prohibit the in- terstate transportation of strike breakers and the Virgin Islands Permanent Government Act providing an up-to-date form of administration with universal suffrage and a Bill of Rights

Black Region Investigation Killed

Regret was expressed over the failure of the Sisson Bill to repeal “‘last year’s unique restriction on teaching in the District of Columbia, under which Communism cannot even be mentioned,” and of the Benson-Dickstein Resolution for an investigation of the Black Legion.

Failure of Congress to pass either the Department of Labor’s Kerr-Coolidge bill to permit suspension of deportations in certain cases of cruel hardship or a resolution to suspend almost 3,000 such cases which have accumulated until proposed legislation could be carefully considered was scored as a serious blow to the rights of aliens.

Gag Measures Beaten

“The record of. this session of the Seventy-Fourth Congress as it affected civil rights,’ the Union concluded, ‘‘was on the whole encouraging. While much positive legislation that is vitally important was not enacted, not a single one of the several dozen ominous gag bills striking at peaceful activities of workers, pacifists, and po- litical dissenters was passed. Credit must go to the determined defense of the Bill of Rights by progressives in the House and the Senate who were supported in their work by splendid newspaper editorials and by the effective backing of liberal, trade union, anti-Fascist and political organizations.”

MAY ARGUE SACRAMENTO CRIMINAL SYNDICALISM APPEAL IN AUGUST

The Sacramento criminal syndicalism cases may be argued sometime in August. “T am working on my brief,’ writes R. W. Henderson, attorney for Norman Mini, “and my present guess is that the case will be argued on the August calendar of the appellate court.’ Mini’s release in no way affects the appeal plans.

Recent delays in the appeal are attributable to efforts to correct the transcript. Once that matter is settled, the transcript will be certified to the appellate court, and the case will be heard.

Vigilance is the Price Of Liberty.”

Let Freedom Ring

UNITED FRONT

Col. Henry R. Sanborn’s red baiting sheet, The American Citizen, published twice a month at San Rafael, has been received in envelopes bearing the return address of the Associated Farmers, the organization behind the Sacramento criminal syndicalism prosecutions. Rumor has it that the San Francisco Industrial Association, which itself issues a weekly Anti-Communist Bulletin, and the Waterfront Employer’s Association are lending financial support to the sheet which is conducting a vicious fight against west coast maritime unions.

RED FINGER PRINTS

The advantage of finger-printing in heresy hunting is seen in a story by W. K. Merrill, park ranger at Yosemite National bark. He reported the finding of a body in the back of a cabin in the high Sierras of the park on June 11, 19385.

“Although this body had lain for over five months exposed to animals and the elements, there remained sufficient flesh on the hands to obtain finger prints and the final identification -of the man... . “His prints were identified by the Federal Bureau of Identification as Karl A. Bentel, alias Otto Miller, a Communist who was in the country illegally. Among his effects was a ‘Red flag’ with the crossed hammer and sickle.”’

IMPERIAL HEARST

The “League Against Yellow Journalism,’’ sponsors of an ‘‘I Don’t Read Hearst” campaign, is offering Ferdinand Lundberg’s “Imperial Hearst’’ at $1.95 instead of the usual price of $2.75. Copies may be secured by addressing the League at P. O. Box 412, Berkeley, Calif.

VIGILANTES

We have information that the Eureka vigilantes are holding regular business and drill sessions. We haven’t discovered what they’re drilling for, but perhaps the State Federation of Labor may find out when it holds its convention in that city in a few months.

NYE MEETING

Senator Gerald P. Nye speaks under the auspices of the American League Against War and Fascism at Dreamland Auditorium, San Francisco, on Wednesday evening, July 8, at 8 p.m. Tickets may be secured at Sherman-Clay and Co., or the Emporium. The subject of the talk is: ““AMERICA IS BEING DRIVEN TOWARD WAR!”

SAMUEL S. WHITE NAMED KANSAS CITY ORGANIZER FOR I. L. G. W. U.

Samuel S. White, member of the Executive Committee of the Northern California branch of the A. C. L. U., has been named organizer of the Kansas City office of the International Ladies’ Garment Worker’s Union. He left for Kansas City on June 28.

Mr. White has spent many years in the labor movement. For about four years he was editor of the Kern County Labor Journal. Subsequently he became manager of the San Francisco Joint Board of the International Ladies’ Garment Worker’s Union. More recently he has been a consultant for the Pacific Coast Labor Bureau.

HERNDON’S CHAIN GANG SENTENCE UPHELD BY GEORGIA SUPREME COURT

The Georgia Supreme Court on June 18 ruled unanimously that the “Insurrection” law passed in post-Civil War reconstruction days does not violate either the State or Federal constitution. The decision came in the case of Angelo Herndon, negro organizer of the unemployed, whose conviction under the law resulted in a sentence of eighteen to twenty years on the Georgia chain gang.

Possessed Radical Literature

Under the law “‘insurrection’”’ is defined as any combined resistance to lawful au- thority of the state and ordinarily carries the penalty of death. A charge of “at- tempting to incite insurrection” was placed against Herndon in 1932 because he lead a peaceful demonstration of 1000 unemployed and had in his possession radical literature. Upon his conviction, the case was carried to the United States Supreme Court, which, in a six to three decision, Justices Cardozo, Stone and Brandeis dis- senting, refused to consider the merits of the case on the technical ground that the constitutional issues had not been clearly raised.

Judge Hugh M. Dorsey of the Superior Court of Atlanta last December 7 granted a writ of habeas corpus on the ground that the statute violated both the federal and state constitutions in being ‘“‘too vague and indefinite.”” The present reversal of Judge Dorsey’s ruling is the result of an appeal by the State.

Appeal To U. S. Supreme Court

Attorneys for Herndon, who remains at liberty on $8000 bail, will make immediate application for a stay of execution of sentenanée pending another appeal to the U. S. Supreme Court. It is felt that the constitutional questions of whether the law violates the rights of free speech, free press and free assemblage have now been clear- ly and irrevocably raised.

“The Herndon decision,” Roger Baldwin, national director of the A. C. L. U., said, “‘will come as a shock to all those who were stirred by Judge Dorsey’s courageous ac- tion in declaring unconstitutional, the old slave insurrection law revived to attack la- bor organizers and political radicals.

“The decision is the more regrettable since in recent weeks 18 more persons, making 36 in all, in addition to Herndon, have been indicted under this archaic law. Fortunately, the last word has not been said. The American Civil Liberties Union will support the Joint Committee to Aid the Defense of Herndon and the International Labor Defense in an appeal to the Supreme Court of the United States which we are confident will void the ‘insurrection’ law, once for all and free Herndon.”

Author of California C. S.

(Editor’s Note; The following letter concerning the California criminal syndicalism law, was sent to the editor-of the San Francisco Chronicle on June 24, by the director of the A. C. L. UV.) Fred Goodcell, writing on behalf of the Associated Farmers of California in your issue of June 23, attempts to correct one of your previous correspondents concerning the grounds for past convictions under the California Criminal Syndicalism Act. I believe he himself has fallen into grave error when he says that those convicted “have not been found guilty because they belong ‘to any organization.’ ”’

As a matter of fact, nearly all of the convictions have resulted from indictments based on Section 2, part 5 of the Act, which punishes membership in an organization advocating criminal syndicalism. The case of Anita Whitney is in point.

Anita Whitney was convicted for membership in the Communist Labor Party,— for no other reason. She was not accused of hurling bombs, destroying crops, or any other act of violence. In fact, she was a very peaceul social worker.

The Whitney case induced Raymond Benjamin, former Chief Deputy Attorney General of California, credited as author of the law, to propose two amendments. The first was aimed at the provision of the

CONVICTION UPHELD

ANGELO HERNDON

ALIEN MOB LEADER LEGALIZES ENTRY INTO U. S. A.

Fred Cairns, alien and alleged Santa Rosa tar and feather mob leader, has legalized his entry into the United States. On June 20 it was announced that the U. S. Commissioner of Immigration and Naturalization in Washington had granted Cairns a certificate of arrival and issued a record of registry.

The Commissioner’s action was in accordance with an Act of Congress under which all persons who entered the United States prior to June 3, 1921, and for whom —— there are no records of admission for permanent residence, may legalize their entry if they have resided in the United States continuously since such entry, and if they are persons of good moral character. Cairns may now apply for naturalization papers which were denied some time ago because he was unable to establish his legal entry.

The A. C. L. U. contested Cairns’ application for registration as a legal entrant on the ground that his alleged leadership of the Santa Rosa tar and feather mob showed that he was not a person of good moral character. The A. C. L. U. will oppose Cairns’ final petition for naturalization when it comes up two years hence.

Law Favored Amendments

law which punishes advocacy of violence (or revolution) outside as well as within the United States. Benjamin recommended that “the language should be amended to confine its operation to the United States” alone.

The second proposed amendment was that “To be liable to prosecution for membership in an organization the defendant must be shown to have known that the objects of the organization were unlawful.” At the present time, no criminal INTENT is necessary; mere membership in the proscribed organization is sufficient.

Assemblyman William Hornblower introduced these amendments in the legislature but they were promptly defeated. For further details concerning this matter, I would refer your correspondent to issues of the San Francisco Call, dated March 16 and March 18, 1921. :

I know of no case where any one has been convicted under the criminal syndicalism law for acts of violence. And, I agree with your previous correspondent, Peggy Hart, that the law has been used to punish those who belong to unpopular organizations. (Sign

ed) Ernest Besig, Northern California Director, American Civil Liberties Union American Fascisti

STRIKES LIKE LIGHTNING

At all enemies of our homes, our country and our fellow. men.

100,000 members in this state can silence the Atheist and Communist, joint enemies of our CHURCHES, SCHOOLS and GOV-. ERNMENT—and rid the State of Polit-ical Grafters, and other Parasites. If you want to know how you can help, write—

AMERICAN FASCISTI Order of Black Shirts Box 1085 Atlanta, Ga.

Black Fascisti, Black Legion, Silver Shirts and other vigilante organizations, have little to choose between them. The label reproduced above was circulated in California. The letter that accompanied it contained typical super-patriotic patter: “We are for a better and greater U. S. A. America must be made safe for Americans. ... We are organizing a company of BLACK SHIRTS. now, in your community and we solicit the help of every PUBLICSPIRITED AMERICAN.”

The Black Fascisti were pikers compared to other fascist organizations; they asked for only $3.00. Agents who organized “local units and states,’ were promised from ‘$25 to $50 a day.” And, ‘We help you by circulating your prospects,’ promised the American Fascisti. It has become profitable to shout ‘‘Reds”’ and ‘“‘Communism.’”’ How much is your local red-baiter making?

KOCI DEPORTATION CASE (Continued from Page 1, Col. 2)

a Farrelly placed an additional charge against Koci, that of membership in an or- ganization advocating the violent overthrow of the government. He introduced into evidence a letter from one of the arresting officers who maintained that when Koci was apprehended he admitted membership in the Communist Party for about two years, or until sometime in December, 1933. Inspector Farrelly made the same assertion. Koci denied making any admissions. The deportation proceedings therefore reduce themselves to the following absurd situation. Inspector Farrelly made the arrest, he conducts the hearing, testifies against the alien and will make a report recommending his deportation.

A number of witnesses were on hand June 5 to testify in Koci’s behalf. At the insistence of ‘Red’ Farrelly, however, they were excused and will be recalled when they can confront Miss Dodson. As mentioned before, no definite time has been set.for the continuation of the hearing. All persons having information about the witness Dodson are again urged to write to the A. C. L. U. at 434 Mills Building, San Francisco.

Committee Collects Defense Funds The Koci Defense Committee, set up to challenge this latest denial of freedom of thought, has already collected $78.50 to finance the defense. Twenty-six dollars has been expended. All persons who want to help are urged to send defense funds without delay to Samuel S. White, Treasurer, Koci Defense Committee, 434 Mills Building, San Francisco.

Reports are current that even though the government orders Koci’s deportation he will not be granted a visa by Czechoslovakia, because he has been absent from that country for more than seven years. We have reliable information, however, that only those natives of Czechoslovakia who came from Slovakia (not from Bohemia or Moravia) lose their citizenship when they absent themselves from the country seven years or more. Furthermore, the question of citizenship does not affect the issuance of visas in deportation cases.

“AMERICANISM” APPEARS IN HITLER’S COSTUMES (EDITOR’S NOTE: The following letter written by Helen Salz, member of the Executive Committee of the A. C. L. U., appeared in Emanu-El and the Jewish Journal for June 5, 1936):

I saw in your last number an allusion to the case of Aubrey Grossman, a brilliant student of the University of California, whose admission to the Bar was being chal- lenged by the Subversive Activities Commission of the American Legion. The Amercan Civil Liberties Union, members of the Law Department of the university, many lawyers, the newspapers, all urged that this malicious and empty attack be ignored. It was. He was admitted.

As I considered this case, I marvelled at “Americanism” and the fantastic costumes she wears these days. Black hoods, Ku Klux masks, army puttees. She is dressed as a Vigilante and says to the fruit or cotton picker, struggling for better working and living conditions, ‘‘Dirty foreigner, we'll tar and feather you; you’re un-Amer- ican.’”’ Or she is dressed as a judge, and says to the striker or picket, ‘““You’re a Red and a vagrant and a rioter... six months ... go and learn to be a good American citizen.”

Again, she is dressed as a director on a Board of Education, and says sternly to a religious sect, whose belief forbids saluting flags or bowing to images, “Hither your children salute the flag or they can’t come to school. It is a matter of indifference to us that our forefathers came to this country to assure religious freedom.” Then she is dressed as a Regent of a University and proclaims, ‘“We will consider it un-American to introduce the name of Karl Marx in history or government courses.”’ And finally, she looks over the length and breadth of the land and says, “Be good Americans; don’t think.”

Look closely: there is something strangely familiar about these figures. You can penetrate these disguises. They are Hitler’s costumes! Woven of intolerance, cowardice, self-interest, ignorance and fear they are the garb of every tyrant and per- secutor since the beginning of time. The warp and woof of genuine Americanism is faith in freedom, knowledge, courage and justice.

Helen Salz.

Page 8

CITIZENSHIP OF MAN WHO FAVORS REPEAL OF C. S. LAW OPPOSED BY LEGION

Because he advocates the repeal of the California criminal syndicalism act, F. J. McConnel’s petition for citizenship may be denied. Harper Knowles, chairman of the Subversive Activities Commission of the Legion, opposed Mr. McConnel’s citizenship application because he argued for the repeal of the C.S. law before the San Francisco Board of Supervisors.

McConnel was to be examined on July6 before Stanley B. Johnston of the Naturalization Bureau, but Paul Armstrong, assistant district director of immigration, has served notice that the matter will be continued until August 3rd—to permit time for further investigation.

McConnell, native of Australia, is a graduate of the engineering department at Stanford University. He has resided in this country since 1910. During the World War he was in the British service for 4% years, receiving an honorable discharge as a Captain of the Royal Air Force. He is now a resident of San Francisco.

In September, 1935, after final application for citizenship, Inspector Patrick “Red” Farrelly, the immigration department’s red-baiting, super-snooper, questioned McConnel at length concerning his membership in the American Civil Liberties Union. He represented himself as quoting from testimony given by Roger Baldwin, national director of the A. C. L. U., before the “Ham” Fish Congressional Investigating Committee, and then sought to have McConnel agree with those statements because of his membership in the Union. This trickery used by all red-baiters, has been exposed in an A. C. L. U. pamphlet, ‘‘Who’s Un-American?,” which may. be secured from the local office of the A. C. L. U.

It seems, too, that Farrelly, super-patriotic Legionnaire, practically denied counsel to McConnell. At the end of his questioning he volunteered the statement that “You appear to have a good record personally, but you have been associating with a lot of — rats and bums, and people of the lowest type.”

Protests have been made to District Commissioner W. E. Walsh, concerning Farrelly’s misrepresentations about the A. C. L. U. and his denial of counsel to McConnel. of logic and metaphysics.

WHO'S WHO IN

DR. ALEXANDER MEIKLEJOHN, member of the National Committee of the A. C. L. U. and of the Executive Committee of the Northern California Branch, is a native of Rochdale, England. He came to the United States as a child in 1880. After receiving his B. A. and M. A. degrees from Brown University, he completed his doctorate studies at Cornell in 1897. In the same year he returned to Brown University and served successively as instructor, assistant professor, associate professor and professor He also was Dean of the University from 1901 until 1912, when he was called to the presidency of Amherst College.

Established Experimental College

At Amherst, Dr. Meiklejohn undertook the introduction of his notable series of ex- perimental projects in liberal education. In 1926 he became professor of philosophy at the University of Wisconsin. Under Wisconsin’s young and progressive presldent, Dr. Glenn Frank, #@ established the now famous Experimental College ‘‘to formulate and to test under experimental conditions, suggestions for the improvement of methods of teaching, the content of study and the determining conditions of undergraduate liberal education.” The original five-year plan of the College came to an end in 1932, not, however, without generating new and important forces in the educational field.

Conducts School for Social Research

At the present time Dr. Meiklejohn and his wife, the former Helen Everett, are con- ducting the San Francisco School for Social Research, and are doing outstanding work in adult education, particularly among industrial and underprivileged groups.

Dr. Meiklejohn is a member of the American Philosophical Society, the American Psychological Association, and Phi Beta Kappa. He has been honored with L. L. B. degrees by Williams, Brown, Vermont and Allegheny Universities and Mt. Holyoke College. In addition to numerous articles and papers, his published works include: The Liberal College, Philosophy, Freedom and the College, and the recently-published What Does America Mean?

DEFENDER OF CIVIL LIBERTIES

BE AR ORTARORY

‘Page 4

Five Cents per Copy. papers during a trial.

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: HXbrook 1816 ERNEST BESIG. Subscription Rates—Fifty Cents a Year. Editor

PROTESTS TO JUDGES ON PENDING CASES NOT RECOMMENDED BY A.C. L. U.

It has been a wide practice in recent years to address communications to judges in re- gard to pending cases, particularly to express condemnation of a prosecution, and urge acquittal. In some cases communications have also been addressed to judges by those favoring convictions.

As a result, numerous judges have cited the signers of such communications for contempt. In one case in Massachusetts, the Western Union Telegraph Company, which had transmitted such messages to a judge, was fined for contempt. The fine . was remitted when the telegraph company apologized, and announced a policy of not accepting in future such messages. The Postal Telegraph Company has not taken any such action.

The American Civil Liberties Union has been asked to defend persons charged with contempt in such cases on the ground that they are merely exercising their right of petition and protest. While the Union defends that right without discrimination, it does not regard communications to judges on pending cases as coming within it.

It would be conceded at once by everyone that telegrams and lettets addressed to jurors seeking to influence them would be indefensible. A judge engaged in the trial of a case is in virtually the same position as a juror. He too is presumed not to have made up his mind in regard to the case. Attempts to influence his judgment are obviously improper.

Those who desire to express themselves on pending cases can, with quite as much effect, address non-judicial officials,—the prosecuting attorney or clerk of the court. No possible legal or other objection can be raised to that.

Some advance the argument that telegrams to judges are quite as proper as newspaper comment on pending cases, which ordinarily are not subject to contempt proceedings. The argument does not seem to us valid. News accounts and editorials are not addressed directly to judges and do not ordinarily attempt to influence -their action, as do letters and telegrams.

Judges may refrain from reading newsThey can hardly avoid reading letters and telegrams addressed to them.

The Civil Liberties Union strongly advises all persons seeking to express themselves either for a conviction or an acquittal, in pending cases, to confine their communica- tions to clerks of courts or prosecutors. The Union cannot defend persons cited for contempt for addressing communications to judges or jurors attempting to influence them in pending cases.

SAN FRANCISCO NEWS CARRIES ON

Once a month, reminding Attorney General. U. S. Webb of his sworn public duty to enforce the law, the San Francisco News asks about the arrests that he forecast in the Santa Rosa tar and feather party. ‘‘For ten months Mr. Webb has regularly told the NEWS ‘There is no change in the situation.’’? Floggers are convicted in Tampa, and Michigan prosecutes its Black Legion, but California vigilantes go unpunished. The 14th of every month is Judgment Day for Mr. Webb. Once a month for ten months the Attorney General has been tried and found wanting. There will be another Judgment Day for Mr. Webb on July 14. Will the sinner repent? We’re sure the NEWS will give him his chance.

Campaign To Organize Agricultural Workers Faces Menace of Vigilantism

By SAMUEL S. WHITE |

(Editor’s Note: The author of the following article is a member of the Executive Committee of the Northern California Branch of the A. C. L. U. He was Secretary of the recent California Conference of Agricultural Workers held in Stockton.)

With plans being made for a new campaign to organize California’s exploited agricultural workers—this time under auspices of A. F. of L. elements—renewed as- saults by lawless mobs of growers upon traditional civil liberties may be expected.

Plans for launching the organizational drive crystallized at the California Confer- ence of Agricultural Workers held at Stockton, June 6 and 7. This conference was attended by more than 200 representatives of farm labor unions, A. F. of L. central labor bodies and trade unions, and civic groups and others-interested in ending the system of practical peonage under which California farm workers exist. The program of organization adopted at this conference subsequently received the backing of the State Federation of Labor’s Executive Council. It is planned to organize field and cannery workers on a statewide basis under an A. F. of L. charter.

Attempts to organize farm workers in this state in recent years have been a fight for civil rights just as much as a fight for union recognition and improvement of wages, hours and conditions. The American Civil Liberties Union has had to intervene again and again in the struggle in order to safeguard civil liberties against mob law and vigilantism.

Authorities Abet Lawless Elements

Farm workers’ organizations have been brow-beaten into submission by shooting and gassing of strikers, by kidnapping of labor leaders and their attorneys, by night riding and burning of strikers’ camps, by floggings and ‘“tar-andfeather’ parties, by driving leaders from strike areas, by breaking up of picket lines, and by criminal syndicalism prosecutions. Because much of-the organizational activity was in the hands of radicals, state and national constitutions and legal safeguards were trodden underfoot by the elements oppos‘ing it. In many cases authorities actually aided and abetted lawless elements; at other times they looked the other way. In no case has there been prosecution of mobsters and vigilantes.

Hoodlums Burn Crosses

There is evidence that growers and ranchers, who usually act in response to strings pulled by “finance farmers,” are going to resort to their usual un-American and anti-civil rights tactics to thwart new efforts to organize farm workers. One of the first responses of the hoodlums, upon whom the farm labor employers rely for their dirty work, was the appearance of

MOONEY’S HEARING GRINDS ON AS HE ENDS TWENTY YEARS IN PRISON

On Monday, July 27, Tom Mooney will have spent twenty years in prison. An appropriate meeting will be held in San Francisco on Sunday, July 26, but, as we go to press, no definite arrangements have been made.

The Mooney habeas corpus hearing continues to grind away. So far, ten thousand pages or nineteen bound volumes of testi-mony have been taken. Recently, a staff of typists worked night and day copying the entire record in order that Attorneys Walsh and Finnety (who are in the East) and George T. Davis might each have a copy. The A, GC. E. U. im New York City, Tom Mooney and the Mooney office are likewise being supplied with copies.

If the unprecedented hearing before Referee Shaw lasts until September 27, and there is a possibility of that, it will be able to celebrate a first anniversary. The State intends to call several witnesses and Tom Mooney will spend an uncertain amount of time in rebuttal.

In the meantime, Attorney George T. Davis and Tom Mooney have been examining 5000 documents which are filed in the Attorney General’s office. They will burning crosses on the hills above the Santa Clara Valley.

More significant was the charge of Col. Walter E. Garrison—the same Garrison who was reported to have led vigilante mobs at Lodi two years ago—that the conference was dominated by “agitators” and “reds” and that its leaders are “known Communists.” Garrison made this charge in the face of the fact that practically everyone connected with the conference is affiliated with an A. F. of L. group, or a .bona fide farmers’ organization. Garrison spoke for the California State Chamber of Commerce, which claims just 153 farm members.

Vigilantes Often “Townsmen”

As a matter of record, it is not always the employing farmers who are up in arms against farm workers organization. At the Stockton Conference, Russell Fitzpatrick, editor of the Oakland LABOR CRUSADER, who had investigated the Santa Rosa outrage, pointed out that almost every participant in the mob was a “‘townsman.” The mob included two employees of a bank in Santa Rosa, a bank which has the biggest finger in the pie of farm exploitation of California’s farm industry.

What Garrison and his cohorts are trying to do is to build up a case in advance for tactics of vigilantism, hoodlumism and mob law. When they smash constitutional rights, it won’t be because farm workers want to organize, or because farm workers want a few cents per hour more, or a few hours work per day less, or better homes or working conditions! They will be saving the countryside from ‘reds’ who don’t exist, and ‘‘agitators,” who are fully within their constitutional rights in seeking to unionize farm field and cannery workers.

A. C. L. U. Has Special Interest

The American Civil Liberties Union has a special interest in the struggles of farm workers to organize. Past experience indicates that for lovers of civil liberties, there are great issues at stake. Every effort of farm workers to organize and improve their status has been transformed by the unlawful and terroristic tactics of employers into a struggle for the right to assemble, the right to picket, the right to speak freely, and other elementary rights. The fact that the present organizational drive is led by forces within the A. F. of L., should not blind members and friends of the A.C.L.U. to the danger that menaces civil liberties and constitutional guarantees in the farm areas of the state. Those of us who still cherish our constitutional rights, privileges and guarantees, must be prepared to defend them.

next examine a mass of records stored in the basement of the Hall of Justice.

BOUND FOR KANSAS CITY

SAMUEL S. WHITE