vol. 3, no. 3

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal vigilance is the price of liberty.”

Vol. III SAN FRANCISCO, CALIFORNIA, MARCH, 1938 No. 3

CURB NAZI MILITARY DRILL!

A. C. L. U. Proposes Federal Laws Against Fascist Training

In an effort to curb foreign and native “Fascist activities” in the United States which may lead to violence, federal legislation prohibiting private military training and the formation of private military forces will be. sought by the Amercan Civil Liberties Un- ion, as the result of a study just completed of restraints upon fascist activities in European democracies.

The Union dismisses as “indefensible’”’ all other proposals for restraining Nazi or Fascist activities which have been adopted in European democracies. ‘To go further,” the Union contends, ‘‘would endanger the civil liberties of others.”’

The full report of the special committee which made the study, adopted by the Beard of Directors of the A.C.L.U. on Jaiuary 24, 1988, is as follows: The undersigned members of a special committee appointed by the Board to recommend legislation to curb Fascist activities in the United States have considered all the available proposals in the light of the experience of European democracies.

We are confronted at once by the problem of how far so-called Fascist activities can be controlled without doing violence to the principles of civil liberty.

Violation of Civil Rights Indefensible

Standing on its historic interpretation of civil liberties, the American Civil Liberties Unon could not sponsor legislation which penalizes opinion or activities not associated with violence, coercion, or preparation for violence. In dealing with Fascist activities the line should sharply be drawn at that point. Legislation which aims at controlling violence or preparations for it is legitimate. Legislation which would violate the civil rights of Fascists and all others in a democracy would be indefensible. If such legislation were aimed at a specific group it could easily become a weapon against other groups, as experience under the so-called Anti-Nazi Law in New Jersey has shown.

. The argument is also made that\some legal distinction can be successfully drawn be- tween propaganda by American citizens and Fascist propaganda from abroad by its agents here. No such line can be successfully drawn, as all experience shows. Foreign propagandists are readily disguised under the cloak of commercial and professional activities.

Their subsidies are so paid as not to be traceable. Any legal restrictions on their imported printed propaganda would have to be couched in such terms as to affect other foreign propaganda as well, and to violate freedom of publication and distribution.

Fascist Activities In U. S.

The Fascist activities apparent in the United States, against which legislation is urged are:

1. The organization of camps in rural districts, particularly by pro-Nazi German Americans, where military training is said to be organized.

2. Parades in cities by German-American groups wearing brown shirts and carrying Swastika flags, sometimes provocatively conducted in districts inhabited by Nazi OPPONEHIS: Soya cae ee epee

3. Collaboration between German-American propaganda agencies allegedly financed by the German government and such native organizations of Fascist tendency as the Silver Shirts, the Ku Klux Klan and the like.

4. Propaganda by pro-Nazi elements arousing hatred of Jews and other racial minorities.

5. Boycott or intimidation by representatives of Fascist governments of business and professional men in Italian and German and other communities who are known to be anti-Fascist.

6. Secret societies such as the Silver Shirts and the Ku Klux Klan which aim to (Continued on Page 4, Col. 2)

Syndicalism Cases In Danville, Ill,

For distributing handbills near the mines of Danville and Westville, Ill., in protest against anti-union violence by vigilantes and intimidation of defense attorneys, John Sloan, Ernest Guiliani and Frank Schuchaezewski have been arrested and held for the grand jury charged with criminal syndicalism. The three men were militant rank-and-file local leaders of the United Mine Workers of America.

The Chicago Civil Liberties Committee, which is defending the arrested men jointly with the International Labor Defense, disclosed wholesale suppressions of civil rights in the Danville mine area after an investigation by a delegation from the Committee. It reported an assault by “professional pa— triots’’. upon an organizer for the League for Peace and Democracy, his arrest with-— out warrant, and the running out of town of defense attorneys. The handbill distributed by Sloan and others was to advertise a pro- test meeting called by a newly formed Citizens’ Committee for Constitutional Rights.

More Protests Against Fingerprinting Motorists

The campaign against fingerprinting of applicants for drivers’ and chauffeurs’ li- censes found new supporters during the past month. The latest protestants are the California State Automobile Association, the San. Francisco Labor Council, the In- dustrial Union Councils of San Francisco and Los Angeles, numerous labor unions throughout the State and Assemblyman ‘William B. Hornblower of San Francisco, Chairman of the Assembly Motor Vehicle Committee, which rejected a measure for compulsory fingerprinting of motorists at the last session of the Legislature.

The Automobile Association condemned the Department of Motor Vehicles for “‘pro- ceeding to do indirectly that which the 1937 ‘Legislature refused to authorize.” It declared that “Applicants are under no legal compulsion to submit to fingerprinting and they should be so informed.”

Hornblower pointed out that Director Ingels. has adopted a form of license ap- plication bearing a specifically designated place for the applicant’s thumb print. “The very form of the license application,” says Hornblower, “is calculated to mislead mo- torists into believing that they must submit to the procedure as a legal requirement,” It is quite apparent that Mr. Ingels has not given up hope of having the Legislature approve a measure making fingerprinting of applicants for drivers’ licenses mandatory. -Having secured the thumbprints of thousands of California citizens who believed they were required to give them, he will, ‘no doubt, ask the 1939 Legislature to compel the thumbprinting of the remaining mo‘torists.

The Automobile Association points out that when the proposal was rejected by the (1937 Legislature, “It was conclusively established at that time that it had little or no. merit, so far as the safe operation of motor vehicles was concerned. . . . Setting up the plan and properly classifying fingerprints, it was shown, would involve an ini- tial expense of about $1,000,000 and $500,000 a year thereafter, to be borne by the motoring public.”

When the Legislature convenes in special session in the near future, it will be asked to pass a resolution condemning the unauthorized. thumbprinting by the Depart- ment of Motor Vehicles, and to request Governor. Merriam and Ray Ingels, Director of the Department, to abate the practice.

VIGILANTE LEADER MOVES TO. SAN RAFAEL

Fred Cairns, leader of the Santa Rosa tar and feather mob, has resigned as Secretary of the Healdsburg Chamber of Commerce In order to accept a similar post in San Rafael. The latter community is also the home of Col. Henry Roble Sanborn, notorious red-baiter.

Voters Favor Pardon For Tom Mooney

A nation-wide survey of public opinion on the Mooney case, as conducted by the American Institute of Public Opinion, showed 64 per cent of the voters in favor of pardoning Mooney, while 538 per cent of the voters believe he is innocent. The vote by sections was as follows:

Do You Think Tom Mooney Was Guilty? Guilty Not Guilty

United States 2.0... 47% 53% New England States.. 51 49 Mid. Atlantic States.. 31 69 East Central States.... 54 46 West Central States.. 52 48 Southern States ........ 69 31 Rocky Mt. States ...... 48 52 Pacific Coast States. 52 © 48 California, ...022.. 52 48

Should He Be Pardoned and Released From Prison?

Yes No

United States. ............ 64 36 New England States.. 66 34 Mid. Atlantic States .. 77 23 East Central States.... 58 42 West Central States.. 57 48 Southern States .......... 52 48 Rocky Mt. States........ 65 35 Pacific Coast States.... 55 45 California ....27..... 55 45

A.C.L.U. Opposes Witch Hunt By G-Men

On February 18, the A.C.L.U. addressed the following letter to Pro America-California Chapter opposing a proposed G-Man investigation of subversive and Communist activities in the U. S.:

Our attention has been called to an an-nouncement in the press that your organi gation has requested an investigation of “subversive and communist activities in the United States, particularly on the West Coast,” by the Federal Bureau. of Investi- gation. Nothing could be more un-American than this proposal, which would transform the Bureau into a Gestapo or Ogpu to carry on a secret witch hunt.

This is not the function of the Bureau. Its duty is to investigate violations of fed- eral law. Such violations are not charged in your release, but if they were, it would be your. duty to call them to the attention of the United States District Attorney in - this area.

Furthermore, the subject of the proposed investigation, is ambiguous. There is no common agreement on the meaning of “‘subversive and communist activities.’ Who is ared, and whatis subversive? Does your proposal embrace an investigation of President Roosevelt, labor unions, the Epic movement, obscure teachers of sociology and economics, the Townsend movement, and every other minority political and economic movement in the United States? Or, do you propose an investigation of vigilantism, la- bor spies, the denial of civil liberties in New Jersey, monopolies, the efforts of big business to depress wages and destroy collec-, tive bargaining, or an investigation of your own organization?

C.C.C. ENROLLEE DISCHARGED FOR REFUSING TO BE FINGERPRINTED

John W. Burke of San Francisco, an enrollee of the Civilian Conservation Corps, was discharged on January 20 for refusing co give his fingerprints. A protest has been lodged by the A.C.L.U. with the Commanding General of the Ninth Corp. Area, and further protests will be directed to Director Robert Fechner in Washington, who re- cently advised the A.C.L.U. that, “So far as I know, no enrollee has objected. or. refused,” to be fingerprinted. The national office of the A.C.L.U. condemned fingerprinting of C.C.C. boys as “a move toward regimentation.”

and patrioteers. erful labor leader.

What Is Red-Baiting?

Liberals have good reason to be confused these days over the indiscriminate use of the terms red-baiter and red-baiting. Until recent times, red-baiters were invariably found only in the camps of the reactionaries Such representative redbaiters as Mr. Hearst, Col. Sanborn, Mrs. Dilling, the Better American Federation, Associated Farmers, American League Against Communism, the American Legion, and the Industrial Association are all identified with conservative or reactionary interests. Recently, however, the list of alleged red-baiters has been augmented to include liberals and radicals have the anomalous situation of the victims of red-baiting being themselves accused of baiting their fellow.reds. All of which raises the question, “What is red-baiting?”’

Heretofore, red-baiting has been used in at least two senses. First, it meant any har- rassment or tormenting of persons or groups holding unorthodox political or economic views by supporters of the status quo or the fascist-minded. Hence, Liberals, Anarch- ists, Socialists, Socialist Labor Partyites, Communists, Lovestoneites, Trotskyites, Proletarian Partyites, New Dealers, Progressives, the members of the A.F. of L, C.1L0O., LW.W., the Epic Movement, Utopian Society, American Labor Party, etc., etc., were all reds. In the main, these groups represent minority elements in the population who advocate doctrines that would upset the existing economic order. For that reason, they are reds who are subjected to harrassment by certain defenders of the status quo or fascism.

But besides this rather general harrassment of minority groups and their adherents by the defenders of the status quo and fascism, we have the case of red-baiting for a malicious purpose. This was accomplished by creating first of all an odious, myth- ical figure called a red whom society would ostracize as a pariah. He was pictured as a gorilla-like creature, dirty and uncouth, wearing long whiskers and unkempt hair, dagger in one hand and bomb with a lighted fuse in the other. He was credited with belief in violence, free love and atheism. Today he is also pictured as a wolf in -sheep’s clothing. In much the same fashion that our war-time propaganda fabricated the idea of the German soldier as a ruthless beast who cut off the hands of babies and raped and crucified women, this notion of the bestial reds was developed. During the war, the scapegoat was called a Hun. Today, he is called a red.

For example, Harry Bridges, as a leader of the LL.W.U. and the C.LO., is hated by shipowners and the open shop interests. He constitutes a threat to their power and must be eliminated. Consequently, a campaign of smearing or slander ensues. Mr. Hearst and his mouthpiece, Senator Copeland, et al., bellow that Bridges is an alien red and should be deported. Of course, they aren’t really interested in his politics or his status as a resident of this country. The real rea son they want him deported—and, therefore, call him a red—is to eliminate a powThe real issue is confused in the public mind by drawing a red herring across the path. Thus, red-baiting creates pariahs or scapegoats to oust a person or group from a position of power without a consideration of the real issues.

That is the technique that has been used by many an employer in resisting organiza- tion of his workers for collective bargaining. James H. Rand, Jr., President of Reming- ton-Rand, embraced it in the ““Mohawk Valley formula” for breaking strikes. His first step was to label union leaders as reds and agitators. Likewise, organizers of our Cali- fornia agricultural workers have repeatedly been called reds.

But now, it appears, the term red-baiting is applied to a third situation. No longer is the red-baiter a reactionary or patrioteer, but he is himself one of the despised reds. He resorts to red-baiting in order to discredit. a rival “red” group or person. For

In other words, we.

example, Joseph P. Ryan, Matthew Woll, William Green, Edward Vandeleur and other conservative labor leaders spend considerable time in willy nilly calling rival union leaders reds. Of course, the interests of these men never varied much from those of the conservatives, reactionaries, patrioteers and fascists who customarily participated in the sport of red-baiting.

Recently, Benjamin Stolberg, a left-winger of indefinite position, was called a red- baiter and a Trotskyite for his attack upon Communist infiltration into the C. I. O., which, he argued, resulted in exploitation of Unions for political purposes, contrary to trade union practices. And, naturally the San Francisco NEWS was likewise accused of red-baiting for printing the series of Stolberg articles. In another case, a Trotskyite, who asserted she lost her position because of political reasons, was called a red-baiter because she contended the Communists were responsible not only for her dismissal but for her inability to secure redress through her Union.

If these last two cases be red-baiting, what are we to say of the recent resolution of John L. Lewis’ United Mine Workers of America providing that “Any member accepting membership in the . . . Communist party, shall be expelled from the United Mine Workers of America... ?” And, what is to be said of Homer Martin’s denounciation of Communists in the United Automobile Workers’ Union, who, among other things, are charged with inciting unauthorized strikes? Is that red-baiting?

And, when one denomination of radicals attacks another sincere denomination as red- baiters and Trotskyites, is that not red-baiting? If criticism of rival minority groups is to be termed red-baiting, the only consequence will be confusion and a reduction of the term to an absurdity. If necessary, change... 4 the color scheme, and call it black-baiting, | yellow-baiting, or green-baiting, but don’t call it red-baiting.

Leaflet Distribution Case Reaches U. S. Supreme Court

Contending that city ordinances requiring a permit to distribute leaflets are unconsti- tutional and that leaflets are often the only forms of expression open to minorities, the Civil Liberties Union has filed a brief amicus curiae in the U. S. Supreme Court in behalf of Alma Lovell, appealing her conviction for violating a Griffin, Georgia, leaflet ordinance. Signing the brief as counsel for the A.C.L.U. are Francis Biddle, of Philadelphia, Lloyd K. Garrison, Dean of the University of Wisconsin Law School and Osmond K. Frankel of New York.

Miss Lovell, a member of the Jehovah’s Witnesses religious sect, was arrested for distributing a religious pamphlet without a permit as required by the city ordinance. The Union’s brief holds that the law suppresses the dissemination of opinion. De- claring that ‘opportunities for expression of a particular point of view may exist only ese leaflet distribution,” the brief declared:

“The American Civil Liberties Union is particularly concerned with these forms of expression because they are often the only forms open to minorities. The powerful can always be heard through the ordinary media of public expression. But the weak, especially if unpopular, are usually unable to have their views brought to public no- tice through the newspapers. It is often impossible for such groups to conduct public meetings. Private halls may be denied, public places barred. We have just seen this happen even to the relatively powerful C.I.O. in Jersey City. It has happened to other labor groups on numerous occasions in various parts of the country.”

Victory Scored In In Jewett Case

Efforts to revoke the teaching credentials of Victor Jewett, Eureka social science teacher, ousted for an alleged violation of his loyalty oath, have: proved unsuccess- ful. After a hearing before the State Board of Education last November 19, Alfred E. Lentz, Administrative Adviser to the Board, notified Herbert Resner, attorney for Jew- ett, that no action would be taken in the absence of formal charges against Jewett. His credentials, therefore, remain in full force and effect, although he is unable to secure a teaching position in California because of being blacklisted.

Statement of Policy On Trade Union Control

The American Civil Liberties Union opposes legislative proposals providing for compulsory incorporation of trade unions and compulsory publication of financial statements on the ground that similar requirements do not prevail with respect to other voluntary associations and the discriminatory treatment of labor unions in these respects, being unsupported by demonstrated social evils peculiar to labor unions, is without justification. The American Civil Liberties Union is of the further opinion that most of the proposals advanced have been advanced by interests hostile to labor not with the purpose of protecting the public welfare, but with the purpose of restricting the free and legitimate growth of union organization and collective bargaining. The American Civil Liberties Union refers to the able report of the SubCommittee on Labor Unions of the City Club of New York, dated June 28, 1937, for a statement of the issues involved in these proposals other than the issues of civil liberties.

PROPERTY VALUED ABOVE HUMAN LIVES IN CALIF. ANTI-RIOT LAW

Answering an editorial in the San Francisco Chronicle urging application of State anti-riot statutes to cases of lynching, the Union in the following letter pointed out the deficiencies of the California law:

On January 24 you commented upon a Wisconsin decision upholding a statute providing municipal responsibility for damages to property resulting from riots. It was sug- gested that such State legislation may probably be applied to cover the case of dam- ages to relatives of victims of lynching riots, thereby obviating the necessity of a Federal anti-lynching law which assertedly violates the police power of the States.

May I point out that California has an ancient statute, enacted in 1872 but since amended, similar to the one upheld in the Wisconsin case (California Political Code, Sections 4452-4455. Pursuant to this statute, the A.C.L.U., following the general strike, recovered judgments against the cities of Berkeley, Richmond and San Francisco for property damages resulting from vigilante raids. Previously, the statute had been used primarily to recover damages to property in strike difficulties.

Unfortunately, our California law, as in Wisconsin, applies only to. damages to PROPERTY and not to personal injury or death. Kansas and Illinois, on the other hand, have statutes covering damages to both persons and, property. At both the 1935 and 1987 sessions of the California Legislature the A.C.L.U. sponsored legislation to extend municipal responsibility to — the death or injury of any person caused by mobs or riots. (1935—A.B. 1101-1102; 1937—-A.B. 270.) We could get very little support for such bills except from liberal legislators—not even from the advocates of States Rights. If the pending federal anti-lynching bill is defeated, may we count upon the Chronicle for support of a State anti-lynching bill?

Citizenship Denied Because Of Opinions On Russia

Page 3

United States District Judge A. F. St. Jure on February 10 denied the petition of Benoit Albert Van Laeken for admission as a citizen of the United States. The Court held that “the testimony of the alien here leaves the impression that he is not only not attached to the principles of the Constitution, but that he made application for citizenship in the wrong country.” Mr. Van Laeken is a native of Belgium and a member of the Marine Cooks and Stewards Union in San Francisco. He was born in Belgium in 1901, and has served as a seaman on American vessels for more than three years after entry to this country in 1952.

The naturalization act not only requires that an applicant for citizenship be a per- son of unquestioned moral character, but that he be “‘attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.” Mr. Van Laeken’s good moral character was not questioned, but the Court was not satisfied that he had fulfilled the requirement of attachment to the principles of the Constitution. ; The decision was based on testimony of three fellow members of the Marine Cooks and Stewards Union who have found themselves in opposition to Union policies supported by Mr. Van Laeken. One witness, Jean M. Huysmans, testified that Mr. Van Laeken “had been associating with people in the Union he did not approve of.” Another witness, Jack Layton Leppold testified that ‘Van Laeken discussed political parties and he always swayed towards Communist doctrines and he told me that the Russian government was the worker’s government—the best government.” At another point Mr. Leppold testified that he. “thought Van Laeken and several others were injecting Communism into our Union. At that time Van Laeken held up very much for the Russian government, stating that it was the only government for working people.” The witness Leppold summed up Van Laeken’s asserted disloyalty as fol-. lows: “He felt that the people’s: government of Russia was solving the economic

Veto of Embassy AntiPicketing Bill Urged

An intensive drive is being conducted by the American Civil Liberties Union to induce President Roosevelt to veto a bill just passed by Congress prohibiting picketing without a police permit within five hundred feet of all foreign embassies in Washington. The bill (SJR 191), sponsored by the State Department under pressure by diplomats of Fascist countries, would end all effective public protests to foreign ministers.

Members of Congress, liberal organizations and labor groups have joined in urging veto of the bill. A delegation representing Washington groups has been organized by the Washington Committee of the A.C.L.U. to call upon the President in protest. In a telegram to the President signed by Harry F. Ward, chairman, Arthur Garfield Hays, counsel and Roger Baldwin, director, the Union said

“May we urge your careful consideration of, the joint resolution prohibiting picket- ing of foreign embassies now before you. Its provisions clearly violate the right of as- sembly and petition. The consideration urged by the State Department in order to prevent embarrassing foreign diplomats is wholly unimportant in comparison with the maintenance of freedom to express citizens’ views to foreign governments similar to the right of petition commonly accorded in other democracies. No incident or condition here warrants such restrictions. Protests against’ demonstrations have come only from anti-democratic governments and should be ignored. To recognize them is to place the political interests of Fascist ‘peal should be taken to the United problems of their own people better than the economic system of the United States was solving its economic problems.’”’ Another witness, Max Watson, who was assistant secretary of the Marine Cooks and Stewards Association, testified that he had heard that Van Laeken’s “loyalty to the present government is not what it might be.” The asserted deficiency was not dis- closed.

On the other hand, the record does indicate that conflict between various factions in the Marine Cooks and Stewards Union: resulted in red-baiting. Mr. Van Laeken is obviously one of the victims of this effort to influence policy by name-calling.

Mr. Van Laeken denied that he was a Communist or that he advocates the overthrow of the government by force and violence. He stated his willingness to defend this country, particularly if it were attacked, and even in a war of aggression if the Congress voted for such a war.

The Court, nevertheless, held that “In these troublous times when subversive forces are avowedly seeking destruction of world democracies, care should be exercised in the admission of aliens to citizenship. I think an applicant for citizenship should be above suspicion of a preference for another form of government than our own, or of mental reservations concerning the matter; that his mental attitude should disclose a sincere attachment to the political philosophy of our Constitution.” The only inference to be drawn from Judge St. Sure’s opinion is that an applicant for citizenship must be a supporter of the status quo. Apparently, anyone who is willing to support the Constitution and seek desirable changes Oy its amendment provisions is unacceptable.

Mr. Van Laeken was represented by the law firm of Gladstein, Grossman and Mar- golis in the course of the hearings on his petition, and has now turned for aid to the Civil Liberties Union. The case is being studied to determine whether or not an ap

States Circuit Court of Appeals. SS Court Upholds Right Of Privacy

Judge Maurice T. Dooling, sitting in the Appellate Department of the Superior Court in San Francisco, recently upheld the right of privacy. in affirming a judgment of $100 against the Albert S. Samuels Co., dealers in jewelry.

The company secured a photograph of the plaintiff from the Hartsook Studios which it displayed in its windows to advertise jewelry, without the plaintiff’s permission. Judge Dooling declared that “the display of photographs to advertise the pho- tographer’s business would doubtless not be actionable in the absence, at least, of express objection by the customer,” but the unauthorized use by the jewelry company constituted ‘‘a violation of the right to pursue safety and happiness guaranteed by Section 1, Article 1, California Constitution.”’ The plaintiff had testified that some of his friends ridiculed him.

1938 Contributors

Three hundred and twenty persons have thus far made pledges and contributions for 1938. Please send your pledge NOW, if we have not yet heard from you.

governments above considerations of democratic rights.”

The bill passed the Senate last year but failed to get by the Rules Committee in the House until it was called up while the pro

gressive bloc was in conference at the White House.

Page 4

| American Civil Liberties Union News | 2 Published monthly at 216 Pine 8t., San Fran- cisco, Calif., by the Northern California Branch of The American Civil Liberties Union. |

Phone: EXbrook 1816 ERNEST BESIG. : PAULINE W. DAVIBG.................c.-.------Associate Editor Subscription Rates—Fifty Cents a Year. Five Cents per Copy. — > se

Special Police Officer Charged With Brutality

Police brutality was charged in affidavits filed with the California Detective License Bureau on February 21 by the A.C.L.U. on behalf of Mr. and Mrs. Michel Young of Pittsburg. The affidavits allege that Chris Maze, special officer and operator of a Pittsburg patrol service, forcibly ejected Mr. Young from the California theatre on January 26 because he laughed too loudly at a comedy that was being shown. Young broke two ribs when he was allegedly thrown against a railing, while his wife claims Maze knocked her six feet.

Under the law, the state board of prison directors which licenses private detective agencies, will now set a date for a hearing at which the accused officer may defend himself. The board has authority either to revoke or suspend the license of a detective agency or an employee thereof.

Mr. Young is a member of the Amalgamated Association of Iron, Steel and Tin Workers of North America, Local 1440. In a resolution passed by that organization, it is charged that “On several occasions Officer Maze has, without just provocation, attacked with his club, citizens of Pittsburg and members of this Union.

Mr. Young’s affidavit describes the attack upon himself as follows:

“On the evening of January 26, 1938, my wife Mary and myself attended the California Theatre in Pittsburg, Calif. We sat in the balcony. After having been there ap- proximately one-half hour my wife informed me that we had forgotten to turn out the gas at home. I left the theatre to investigate and spoke to the door man on the way out, asking him if it would be all right to leave and come back in. Upon his consent I went home and found the gas had been turned out and returned to the theatre. After having been there a short while, a humorous incident occurred on the screen and I laughed. My voice is naturally rather coarse and it attracted some attention, and Maze approached me and told me to be quiet or he would put me out. I did not reply, and a short time later another incident occurred on the screen and I laughed again, which I felt that I was justified in doing since I had paid to see the show and the quality of my voice was something for which I had no remedy. I had been sitting on the steps of the balcony because since I had returned from home all the seats had been taken, and on laughing this, the second time, Maze approached and grasped me by the shoulder, jerking me to my feet and stating, “Now go on, get out of here or I'll put you in jail.” He then propelled me up into the main aisle of the baleony and toward the door. After going a short dis-tance my wife approached and stated, “I’m his wife and Il] take him home; he’s not doing anything; what is this a church or a show?” Upon my wife stating this, he thrust her aside, knocking my wife some six feet and injuring her. He then stated, “T’m still a cop, and I'll take care of him.” He then gave me a shove, pushing me down toward the outside door and against the railing of the steps. This push was very hard, since the contact with the railing broke two of my ribs and bruised me very badly. The force of the push rolled me down the steps after hitting the railing at the bottom my chest came in contact with a pillar bruising me severely. By that time I had regained my feet at the bottom of the steps, my wife had recovered from the blow given her by Maze and had come down. We then went home together. On going out the door the door man stated, “Come back again, and everything will be all right; you didn’t do nothing.”

Editor : (Continued from Page 1, Col. 2) usurp governmental functions or to exercise private violence.

Foreign-Born Affected

It will be seen that of the above forms of so-called Fascist activities, most of them affect communities of the foreign-born and their immediate descendants where loyalty is divided between the United States and countries of their origin. This type of Fascist activities is therefore confined to the large foreign-born communities, particularly along the Atlantic Seaboard and especially in and around New York City. The native movements which may be properly described as Fascist in tendency are more widely distributed, particularly in the middle-west and south. Strong in the heyday of the Ku Klux Klan, they are obviously weak and unimportant today.

The problem of dealing with the native movements of Fascist character by law has taken the form, first, of prosecutions for acts of violence, second, of prohibiting masked parades in public. The laws adopted ina number of states during the greatest activity of the Klan, particularly in the north and middle west prohibiting masked parades on the ground of their intimidating character, were effective. The Civil Liberties Union supported them, although it has always upheld the right of the Ku Klux Klan as of any other group, to parade without masks.

New Jersey Anti-Nazi Statute

As regards the foreign Fascist movements, the only special legislation adopted is, as has been said, the so-called New Jersey anti-Nazi statute, which punishes the distribution of any written or printed material, ‘which advocates hatred, violence or hostility” against any group of persons by reason of their “‘race, color, religion or manner of worship.” The statute is practically a dead letter. The only prosecution under it was against Jehovahs Witnesses for anti-Catholic propaganda. The prosecutions were dropped when the convictions were appealed.

Both state and federal law already deal effectively with all forms of forcible re- sistance to law and with violence. Federal statutes control the sale and shipment of small fire-arms. In many states the law prohibits the formation of military companies other than those publicly authorized. Federal law prohibits the wearing of military uniforms so similar to the armed forces of the U.S. that they may be confused with them. Many state laws, as has been noted, prohibit masked assemblages or parades.

It will thus be seen that practically all forms of violence or preparations for vio- lence are covered by federal or state laws; and in many states there are prohibitions upon other forms of activities associated with Fascism.

Anti-Fascist Democracies

Certain European democracies have gone much further. Some of them designate by law unlawful societies, covering groups preparing to usurp governmental institutions or punish incitement to hatred of other sections of the population. In England and a few other democracies laws have been passed in recent years prohibiting the wearing of political uniforms in public.

In our judgment all of these restraints in European democracies violate democratic rights and are dangerous in the hands of administrative officials who may apply them not only to Fascists but to labor and progressive groups as well. Certainly none of the above proposals except possibly prohibiting the wearing of political uniforms can be defended within the framework of democracy. But even that raises such serious questions as to be objectionable. What is a political uniform? How can it be dis- tinguished from an arm band, a shirt, a cap of a particular color, a flag? European laws do not define uniforms. We venture to say that it is impossible to define them in law. Even if a definition could be successfully made it obviously would strike at all parades and groups with a political purpose. It would affect Republican or Demo- cratic Party parades with arm bands, banners or caps just as it would a Fascist dem- onstration and might affect parades of Masons and Knights Templar.

Furthermore, there is not yet in the United States any Fascist political movement of such consequence as to call for such legislation. The only Fascist political uniforms worn in public are those of the Italian and German organizations and those in a very restricted area and rarely.

Symbols of Political Movements

The Civil Liberties Union has jong opposed any prohibition upon carrying flags in public as a symbol of a political movement. The Supreme Court of the United States has pretty well knocked out the antired-flag laws. No distinction can be made between carrying a flag which is the symbol of a native or international movement and a flag which represents a foreign government. The Irish flag is carried in St. Patrick’s Day parades. The flags of other nations are carried in parades by sons and daughters living in America. Any prohibition aimed at a Fascist symbol would reach them as well.

The problem of parades in brown shirts with Swastikas, which has aroused so much discussion, cannot in our judgment be attacked except as a police regulation. The right to parade should never be denied, but it may be regulated in accordance with con- ditions of traffic. Where a parade obviously aims at intimidation and violence, and where violence can be plainly demonstrated to have resulted beyond police power to control, as in the case of Klan demonstrations in Negro districts, police regulation in routing such parades into safe districts may be warranted. Certainly the problem justifies no legislation today.

Nazi Training Camps

The Nazi training camps which prompted the Department of Justice to an investigation apparently offer no problem for legislation. The report of the Department of Justice makes clear that no illegal activities take place. No arms are used. There is no preparation for the use of arms.

Concerning boycott or intimidation by representatives of Fascist governments of anti-Fascists, all that can be done is to protest to the State Department. against improper activities by consular or other foreign officials, when directed against American citizens. No exceptions can be taken unfortunately to boycotts or intimida- tion of their own countrymen unless some ae conte violence or coercion is vioated. v Private Military Training

In accordance with the principle that Fascist activities like others should be re- strained only when they partake of the nature of violence or the preparation for it, the Civil Liberties Union will seek federal legislation prohibiting the formation of private military forces and the prohibition of private military training. By this is meant of course military training and military forces not authorized by the government. Military training in schools is today everywhere under the supervision of the War De-. partment. There is little evidence of any other military training or the organization of private military forces, but the tendencies of a Fascist movement are always to develop it. Such tendencies would justify the enactment of such legislation.

None of the other proposals for restraining Fascist activities justifies our support; indeed most of them would merit opposition.

(Signed) ARTHUR GARFIELD HAYS ROGER WILLIAM RIIS LEE HAZEN LUCILLE B. MILNER ‘OSWALD GARRISON VILLARD ROGER N. BALDWIN