vol. 3, no. 12

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. III SAN FRANCISCO, CALIFORNIA, DECEMBER, 1938 No. 12

"RED" CHARGES ANSWERED

S. F. Industrial Association Publishes A. C. L. U. Protest

With the publication of a letter by Ernest Besig in the November 22nd issue of the Anti-Subversive Bulletin, the recent controversy between the San Francisco Industrial Association and the A.C.L.U. has been settled. The dispute arose over a story publish- ed in the August 16, 1938, issue of the Association’s Bulletin charging, in effect, that the A.C.L.U is a Communist organization.

The A.C.L.U. entered an immediate protest and a conference with William Storie and Ken Dazey, Industrial Association representatives, resulted in an agreement by them to purchase and distribute to their members one thousand copies of the last annual report of the A.C.L.U. at cost price. They declined to fulfill the agreement, however, when the Union requested payment in advance of the $110 purchase price.

Publish A.C.L.U. Protest

Thereafter, the Association agreed to publish the Union’s protest in a future issue of the Anti-Subversive Bulletin, and the November 22nd issue, under the title, “Civil Liberties Union Protests,” carries the following story:

The August issue of this Bulletin under the head of “American Civil Liberties Union” published quoted excerpts on the activities of the American Civil Liberties Union from the following published material:

1. Official Committee Report No. 2290 to the 71st Congress of the United States.

2. The Annual report of the A.C.L.U.

3. “Civil Liberty,” a leaflet published by the A.C.L.U.

To these direct quotations from the above sources Mr. Ernest Besig, Director of the Northern California Branch of the American Civil Liberties Union, has made protest in the following letter:

A.C.L.U. Attacked As Communist

“Editor: The August 16 issue of the AntiCommunist Bulletin is confined largely to an attack upon the American Civil Liberties Union as a Communist organization. This attack is concocted of the false statement abstracted from the Fish Committee Report of 1931, which was never accepted by Congress, that the A.C.L.U. expends 90% of its efforts on behalf of Communists. Then, adding four excerpts from this year’s 96-page annual report of the A.C.L.U. and two quotations from our leaflet ‘Civil Liberty,’ the editor intimates that the A.C.L.U. today expends 90% of its efforts on behalf of Communists. “Nothing could be more false. A close examination of the last annual report of the Union discloses very few cases in which it has come to the defense of Communists. On the contrary, the report points out that ‘the freedom of action of the Communist’ Party has made such headway that only a few cases of interference with their civil liberties arose,’ and ‘no proceedings against Communists for political activities took place in 1937 to 1938.’ Indeed, by following the technique of your editor, it is quite possible to ‘prove’ that the A.C.L.U. expends 90% of its energies on behalf of Je(Continued on Page 2, Col. 2)

We Depend Upon You

As we go to press 116 persons have made pledges and contributions for 1939. We are a long way from raising the $4,000 necessary to carry on operations until November, 1939. We are depending upon every member to make some contribution or pledge to enable us to meet the following budget:

Salaries $2,200 Printing and Stationery............ 750 Rent. 330 — Postage ee. 270 Telephone ‘and Telegraph........ 150 Traveling. (bs 100 Furniture and Equipment........ 50 Miscellaneous ......................-.--150 Total $4,000

In the past the Union has suggested pledges of $1.00 a month or $12.00 a year. Because the Union ended its last fiscal year with a deficit, we urge our previous $12.00 a year subscribers to INCREASE their pledges to $15.00 a year. But, no matter how much you give, please try to INCREASE your contribution, no matter how little.

We are enclosing pledge cards and return envelopes for our members and friends who have not yet responded to the 1939 appeal. Incidentally, a lump sum payment of your pledge will spare us the cost and bother of future billing.

IF YOU WANT THIS IMPORTANT WORK TO CONTINUE, IF YOU WANT TO RECEIVE OUR MONTHLY PAPER. WON’T YOU PLEASE SEND YOUR CHECK NOW?

DO YOUR PART!

Proposition No. 1 Badly Beaten Despite Costly Campaign

Proposition No. 1 (anti-picketing, antilabor initiative) was snowed under by 377,- 055 votes at the California general election on November 8. The majority may reach: more than 400,000 when the final official | tabulation of all votes, including missing precincts and absentee ballots, is compiled. The last unofficial state-wide figures gave 982,908 for Proposition No. 1 and 1,359,963 against it.

The unofficial figures on the balloting show that only 18 out of California’s 58 counties supported the measure. Voting ‘against it were the eight most populous counties in the state. Los Angeles county, which snly a month before enacted a city ordinance similar to Proposition No. 1, emphatically reversed itself by voting ‘‘no”’ by a ratio of more than 38 to 2, or a majority of 238,514 votes. Not lacking either was opposition from the “cow counties.’ Sacramento and Fresno counties piled up 2 to 1 votes against the initiative, showing pluralities of 18,000 votes or more.

San Francisco rejected Proposition No. 1 by a majority of 34,321 votes according to the final official figures—the greatest.majority polled against such a proposal in the four times it has been on the local ballot. Here is the record of how San Francisco has voted on anti-picketing proposals:

For Against Plurality Nove(,; 1916.0. 74,028 68,299 5,729, (For) Mareh 9,:1937...\ 68,765 78,098 9,333 (Against) NOV. 2; LOS Tue 6 74,012 88,891 14,879 (Against) Nov. 8, 1938........ 100,354 184,675 34,321 (Against)

Interesting, too, is the record of expendi-. tures made by the sponsors of the measure. —the California Committee for Peace in Employment Relations and Southern Californians, Inc. Between them the two organizations spent $194,052.35 up to October 28. Under the law, final figures on campaign expenditures must be filed with the Secretary of State within 30 days after an election, or December 8.

At least five Northern California advertising agencies participated in the high pressure campaign to sell Proposition No. 1 to the voters. The records thus far disclose that McCann-Erickson, Inc., received about $14,000 for newspaper publicity; Richard Prosser and Agency about $10,000 for farm paper ads and bill boards; J. Walter Thompson Co. over $3,500 for surveys; more than $500 to Blum’s Advertising Agency and almost the same amount to J. Robinson and Co. Batten, Barton, Durstine and Osborn of Hollywood received more than $4200 for radio programs.

Make A Pledge For '39

Let Freedom Ring

Watch-Dog of Liberty

Appearing in the December issue of the Forum and condensed in the Readers Digest for December is an article by Roger William Riis entitled, ‘“Watch-Dog of Liberty.” It is ‘““The Story of the American Civil Lib‘erties Union.’ Says Mr. Riis, “. . . the thoughtful student of our democracy can find few pieces of work more worth doing than the work the Civil Liberties Union has undertaken for the past 20 years.’

L. A. Red Squad Abolished The notorious Los Angeles Red Squad headed by Captain Red Hynes has been abolished and Mayor Fletcher Bowron has ordered its records to be turned over to the LaFollette Civil Liberties Committee.

Silencing Political Dissent

In order to exclude minority parties from the ballot, a recent session of the State Legislature increased the number of signatures required on petitions to place a political party on the ballot from 1% to 10% of the total vote cast at the last gubernatorial election. Ordinary initiative petitions require only 8% of the vote cast at the last gubernatorial election. Under the present law, more than 270,000 signatures would be needed.

However, a party may be certified for a place on the ballot if 75 days before a primary it has a registration of 1% of the total vote cast at the last gubernatorial election, and it may retain its place on the ballot if it polls 3% of the total vote cast in a gubernatorial election. Eliminated from the ballot at the last election for failure to poll sufficient votes were the Commonwealth and Socialist parties. Retaining po- sitions on the ballot were the Republican, Democratic, Progressive, Prohibition and Communist parties.

George West Leaves the News

George West, member of the National Committee of the A.C.L.U. and brilliant editorial writer for the Scripps-Howard San Francisco News has resigned from that paper because of dissatisfaction with its policies. It was Mr. West who contributed the many civil liberties editorials to the News’ editorial page on such issues as vigilantism in Santa Rosa, Salinas, Nevada County and Westwood, the Yreka lynching and the Mooney case.

Lynching No. 6 for 1938

A Wiggins, Mississippi, mob lynched Wilder McGowan, 24-year-old Negro, on November 21. McGowan was suspected of attacking and robbing a 74-year-old white woman. The Tuskegee Institute records show the lynching to be the sixth in the south during 1938.

Representation from U. C.

Twenty-three of 60 faculty members of the University of California who belong to the A.C.L.U. gathered at the home of Dr. and Mrs. Alexander Meiklejohn last month to select two representatives to the A.C.L.U. Executive Committee. Those present elected a committee of three to handle the job.

Rival Paper Opens and Publishes Telegram Addressed to Lubin Society

A flagrant interference with a telegraph message and publication of its contents by The Pacific Rural Press, supporters of vigilante methods in labor troubles, has been revealed by the Simon J. Lubin Society of California, Inc.

The Society issued a special number of its “Rural Observer” devoted to answering the question, ‘‘Who Are the Associated Farmers?’’ On October 29, Governor-elect Culbert L. Olson sent a telegram to the Rural Observer urging immediate free distribution of the publication in the rural districts and asking advise as to cost and their ability to effect its circulation.

Western Union delivered the telegram to The Pacific Rural Press at 83 Stevenson Street, San Francisco, instead of to the addressee, The Rural Observer, at 25 California St. When, four days later, the Lubin Society received the telegram, both addresses appeared on it, though it is claimed that the 83 Stevenson Street address had been inserted after the telegram was delivered.to The Pacific Rural Press.

The latter not only opened the telegram plainly addressed to The Rural Observer, but published its contents in their November 5 issue, where they admit ‘‘we read it and copied it for your information.” The telegram is denounced as “a political attempt to smear the... Associated Farmers . the Initiative For Peace in Labor Employment Relations (No. 1), and the Pacific Rural Press.”’

Section 619 of the California Penal Code provides that, ‘Every person who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, ad- dressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment.’”’ While the Lubin Society has promised legal action against the Rural Press, none has thus far been taken.

“RED” CHARGES ANSWERED

(Continued from Page 1, Col. 2)

hovah’s Witnesses, or the Mennonites, or professional patriots, or the Nazis and Fas- cists or other groups.

No Connection With Any Political Party

. “It cannot be too strongly stated that the Union is a ‘united front’ of persons of very varied political and economic views who could not possibly agree on any program except defense of civil rights. The Union has no political or economic direction what- ever; no connection directly or indirectly with any political party or economic move- ment; and no bias except to protect orderly and peaceful progress through the exercise of traditional American civil rights.

“We do not inquire into the economic, political or religious beliefs of our clients. Neither do we choose them. Lawless officials and citizens who have no respect for the Bill of Rights choose them for us.

Will Welcome Any Criticism

“The Civil Liberties Union will welcome any criticism or comment tending to show that the national office or any of its local branches throughout the country have failed to adheyre strictly to a neutral and dispassionate interpretation of the defense of civil rights. We recognize, as do most of the defenders of civil liberty, that strict ad- herence to impartial defense of all whose rights are attacked—without the slightest suspicion’ of favoritism—is the only basis -on which any vights can genuinely -be pro- tected.”

Space limitations prevent us from republishing the excerpts from the Congressional Report and the A.C.L.U. publications which we quoted. We refer those who may be in- terested to our Bulletin No. 80 under date of August 1, 1988, for the quotations pro tested by Mr. Besig,

DIES URGES PROSECUTION OF A.C.L.U. AS FOREIGN AGENT

Chairman Martin Dies of the House unAmerican Activities Committee has asked the Secretary of State to instruct the Attorney General to prosecute the A.C.L.U. and other organizations for failure to register as agents of foreign principals. “‘The evidence indicates,” says Mr. Dies, ‘‘that certain ‘front’ organizations of the Commu- nist party, such as... the Civil Liberties Union ... are agents of the Communist party,”’ which is alleged to'be an agent of the Communist Third International.

Under attack before the Dies Committee for membership in the A.C.L.U. was Secretary Ickes and various members of the government’s Indian Bureau.

In San Francisco, reckless testimony before the Dies Committee resulted in two suits being filed against red-baiter Harper Knowles.

ernor elect and John Gee Clark, former Long Beach Assemblyman and Chairman of the Democratic Campaign Committee, have charged Knowles with malicious slander in testifying they were members of the Communist party. The scheduled hearings of the Dies sub-Committee in San Francisco are reported as cancelled.

ARCHIBALD MACLEISH SHOCKED BY EXTRAORDINARY THREAT TO ACADEMIC FREEDOM

The A.C.L.U. has received a letter from Archibald MacLeish, Pulitzer Prize winner and former editor of Fortune magazine, expressing himself as ‘“‘shocked to learn that an English teacher in California faces loss of her job because my book ‘Land of the ‘Free’ was used by her students.’’ Mr. MacLeish promises to try to write the Union another letter in the immediate future commenting on “this extraordinary threat to academic freedom and individual liberty.” In the meantime, Grace M. Griffith, Porterville English teacher, still holds her job, even though she was “advised” to resign or designate another subject to teach. The principal has informed protesting teachers that the “crisis”? has subsided and that no shift of subjects would be wise except at mid-year.

The charges against Miss Griffith were brought by the Porterville 20-30 Club on the inspiration of a red-baiter recently arrived in Porterville from Los Angeles. Fur- ther developments may be expected sometime in January.

FLAG SALUTE CASES ARISE IN THREE CALIFORNIA CITIES

Four Crescent City children face expulsion because of refusal to salute the flag on religious grounds. Three of the children, John Babich, 11, Barbara Jean Babich, 7, and Harrittee Lucille Culp, 9, are members of Jehovah’s Witnesses, while Merritt Johnson, 9, is a Seventh Day Adventist.

According to reports, Superintendent Joseph M. Hamilton has insisted upon the . salute, but in the case of three of the childress the issue has been postponed because the school bus arrives after the flag exercises have been concluded, while in the re- maining case the school teacher has thus far excused the child from the salute.

The A.C.L.U. has written to Superintendent Hamilton pointing out that an effort will be made to carry the Sacramento flag salute case to the U.S. Supreme Court, and suggesting that he follow the example of San Francisco, Oakland and Los Angeles schools where religious objectors are excused from the flag salute exercises.

Information has also reached us that two Sacramento children have been expelled from school for refusal to salute the flag, while in Alhambra, near Los Angeles, a 12-year-old boy is in like difficulty an the school authorities, Ellis Patterson, Lieutenant Gov

To An Anxious Friend

You tell me that law is above freedom of utterance, and I reply that you can have no wise laws nor enforcement of wise laws unless there is free expression of the wisdom of the people, and, alas, their folly with it. But, if there is freedom, folly will die of its own poison, and the wisdom will survive. That is the history of the race. It is the proof of Man’s Kinship with God.

You say that freedom of utterance is not for time of stress, and I reply with the sad truth that only in time of stress is freedom of utterance in danger. No one questions it in calm days, because it is not needed. And the reverse is true also: only when free ut- terance is Suppressed is it needed, and when it is needed it is most vital to justice. Peace “is good. But if you are interested in peace through force and without discussion—that is to say, free utterance decently and in order—your interest in justice is slight. And peace without justice is tyranny, no matter how you may sugar-coat it with expediency. This state today is in more danger from suppression than from violence, because in the end suppression leads to violence—indeed, violence is the child of suppression. Whoever pleads for justice helps to keep the peace, and whoever tramples the plea for justice, temperately made in the name of peace, only outrages peace and kills something fine in the heart of Man which God put there when he begot our manhood. » When that is killed, brute meets brute on each side of the line.

So, dear friend, put fear out of your heart. This nation will survive, this state will prosper. The orderly business of life will go forward only if men can speak in whatever way given them to utter what their hearts hold—by voice, by posted card, by letter, or by press. Reason has never failed men. Only force and suppression have made the wrecks in the world.— (Editorial by William Allen White, in the Emporia Gazette, July 27, 1922, addressed to Gov. Henry J. Allen on the occasion of a railroad strike. Pulitzer prize for the best editorial of 1922).

Little Hope for Civil Liberties Program In New Legislature

There is little chance for the adoption of civil liberties legislation at the next session of the Legislature. From a civil liberties standpoint, the new Legislature shows little change over the previous one at which civil liberties as well as suppressive legislation met with no success.

Fifty out of eighty members of the 1939 Legislature served two years ago. Of the fifty, eighteen supported repeal of the controversial criminal syndicalism law. Twelve others who likewise voted for repeal, for one reason or another, will not be on hand in January. Of the thirty freshmen Assemblymen, it is hardly likely that more than a dozen will support civil liberties legislation, thereby just replacing the losses of two years ago and not giving the substantial increase that is necessary for adoption of a comprehensive civil liberties program.

On less controversial civil liberties measures than repeal of the criminal syndical- ism law, some progress may be made in the Assembly, but they face almost certain defeat in the cow county Senate which contains only a handful of civil libertarians out of a membership of forty. Under such circumstances, if any gains are to be made, they can come about solely by bargaining for votes, and in the past the liberals have demonstrated themselves to be poor bargainers.

Outstanding civil liberties supporters who return to the Assembly in January are Richie, Tenney, Pelletier, Hawkins, Rosenthal, Yorty, King, Reaves, Gilbert, Voigt, Peek, Lore, Burns and Miller. On the other hand, such rabid patrioteers as Redwine, Gannon, Millington, Scudder and Field were also re-elected in November.

“I Am The Law” Hague Appeals Court Ban

The Hague Administration on November 10 filed notice of appeal from Federal Judge William Clark’s sweeping decree restraining the Mayor and other officials from interfering with civil rights in Jersey City. Senior Judge J. Warren Davis of the Federal Circuit Court of Appeals in Philadelphia thereupon appointed a five-judge court to hear the appeal, instead of the customary three judges, as provided by the judicial code. It was evident, according to the Union, that the appointment of five judges instead of three, was intended to secure a “conservative majority.” Two of the judges were called out of retirement to sit. Efforts of A.C.L.U. counsel to take the case directly to the U.S. Supreme Court | proved unavailing.

Provisions of the Decree

The order signed by Judge Clark closely follows lines laid down by Morris L. Ernst and Spaulding Frazer, counsel for the C.I.O. and A.C.L.U. at a recent hearing. Under the injunction, Jersey City officials are “perpetually restrained”’ from interfering with the rights of members of the C.1.O. and A.C.L.U. to “free access to public streets, parks and places in Jersey City”; ‘‘to communicate their thoughts to other persons in and about the public streets and places,’”’ to circulate printed matter and to display placards.

The decree further restrains officials from interfering with “the holding of meetings in the open air and in parks dedicated for the purposes of the general recreation of the public provided that an application for a permit to hold such meeting... . has been made three days in advance...” Such meetings are not to be prohibited unless Jersey City adopts a policy barring all meetings by other groups. City authorities are ordered to provide adequate police pro

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On Suppression

tection at meetings held by the C.1.O. or A.C.L.U. Specifically cited among those to whom permits must be granted are Congressmen Maverick, O’Connell and Allen, Morris L. Ernst and Roger N. Baldwin of the A.C.L.U. and William J. Carney, Al Barkin, Sam Macri and John Kiesler of the C.I.0O.

No reference was made in the decree by Judge Clark to a suggestion in his opinion that speeches of persons previously held “responsible for disturbances” might be censored by city officials before permits are issued to them. Left open is the question of the rights of the C.I.O. with respect to organization activities as well as the question of street meetings.

Evidence Furnished U. S. Attorney General Meanwhile, the New Jersey Civil Liberties Committee furnished evidence of violations of civil rights in Jersey City to the office of the U. S. Attorney General in Washington, which is conducting an in- vestigation. At the request of the Attorney General, A. J. Isserman, counsel for the Committee, last week submitted a report of 89 violations of the rights of 1,896 per- sons between 1930 and 1938, and 31 types of suppression.

Among the categories of interference with civil rights listed in the report are: Interference, disbandment and prevention of public meetings; censorship of publica- tions; repeated arrests for circular distribution; interference with distribution of newspapers containing anti-Hague articles; jail sentences upon refusal to obey illegal command to leave community; stoppage, search and seizure of persons, automobiles and other personal property; arrest of persons seeking traffic directions from police officers; police brutality; high bail, and arrest of peaceful pickets.

ROOSEVELT ASKED TO INTERCEDE IN STRACHEY CASE

The A.C.L.U. has asked President Roosevelt to intercede in the Strachey deportation case. In a petition signed by 58 prominent educators, publishers, religious lead- ers and liberals, the President was urged to “direct the State and Labor Departments to see that Mr. Strachey be promptly heard on the charges against him.” Strachey’s ex- pulsion has been ordered on ‘‘confidential information” that he is a communist.

GOVERNOR DENIES PARDONS TO FIVE SCOTTSBORO BOYS

Applications for pardons for the five remaining Scottsboro defendants were denied recently by Governor Bibb Graves of Alabama. Those who lost clemency pleas were Clarence Norris, whose death sentence was commuted to life imprisonment three months ago by the Governor; Charlie Weems, sentenced to 75 years; Andy Wright, 99 years; Haywood Patterson, 75 years, and Ozie Powell, 20 years.

In a statement on the Governor’s action, . Dr. Allan Knight Chalmers, chairman of the Scottsboro Defense Committee, said:

“Leading citizens of Alabama, including the most-influential newspapers, had expected different action by the Governor. In July, 1937, the state of Alabama released four of the nine defendants, admitting at that time, that the evidence did not warrant their being held. The same evidence was used against all nine defendants. The Scottsboro Defense Committee does not accept Governor Graves’ action as the finish of the Scottsboro case. We believe, as always, that the defendants are innocent and we shall continue to work vigorously for their release. The committee is exploring several avenues of action and expects to make an important announcement in the near future.”

OREGON’S NEW ANTI-PICKETING LAW WILL BE TESTED IN COURT :

In cooperation with labor organizations, the American Civil Liberties union is plan- ning to test the constitutionality of the recently enacted anti-picketing statute in Oregon. The new law was favorably voted on as an initiative proposal in the November 8th election.

The measure forbids picketing in labor disputes not defined in the statute. It ex- cludes all industrial controversies except those relating to wages, hours and working conditions and those in which the parties are in the direct relation of employer and employees. Unions are prohibited from collecting dues beyond the ‘legitimate re- quirements” of the organizations. The law also forbids all interferences with trade and manufacture, even in connection with “trade disputes.”’

Similar proposals were defeated in California and Washington. In Los Angeles, which recently adopted an anti-picketing ordinance, the first test cases came on for hearing before Municipal Judge Harold B. Landreth, who postponed decision until November 28. Another test case, in the Superior Court, was argued on November Ist. Attorneys for the Civil Liberties Union and C.1.0. and A.F.L. unions filed a joint petition to argue the case.

NEW BOOKS ON’ CIVIL LIBERTIES

“Labor Fact Book, Volume IV” prepared by Labor Research Association (International Publishers, 223 pages, $1.00). A valuable reference book of figures and facts about the development of the trade union movement and progressive forces. The section on “The Struggle for Civil Rights” reveals that in 1937 there were approximately 24,000 arrests of workers during labor struggles, at least 123, kidnappings, beatings and bombings of labor representatives or sympathizers and 28 workers were killed during industrial disputes.

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

Phone: EXbrook 1816 ERNEST BESIG Editor PAULINE W. DAVIES..... Associate Editor Subscription Rates—Fifty Cents a Year Five Cents per Copy.

RIGHTS OF AMERICAN NAZIS ARE SUPPORTED IN NEW JERSEY AND LONG ISLAND

Defending the rights to free speech and press by minorities ‘““chowever objectionable their views,’ the American Civil Liberties Union has come to the aid of German-Amer- ican Nazis in two cases where authorities are reported to have violated their civil rights.

In West New York, N. J., where Ferdinand Hepperle, Bund printer, was arrested and held for the grand jury this week for printing anti-Semitic stickers, the Civil Lib- erties Union offered legal services to Hepperle’s attorney in a move to test the con- stitutionality of the so-called ‘“‘Anti-Nazi’”’ statute in New Jersey forbidding publication of literature designed to incite religious or racial prejudice.

In Mineola, L. I., the Union sharply protested action of the police in revoking a permit for a meeting granted to the local Bund. The meeting was banned on the ground that it “might give rise to contention, strife or disorder.” In a letter to County Police Commissioner A. W. Skidmore, Arthur Garfield Hays, Union counsel, said:

“If there is any reasonable ground for apprehension, surely your police can prevent the disorder. If and when the meetings result in breaches of peace, the organizers ean be prosecuted. Only ‘by granting all minorities freedom of speech and assembly can we hope to maintain the guarantees of our Bill of Rights. We strongly urge you to rescind your revocation of the permit to the Nazi Bund.’’

The New Jersey case involves a member of the Bund held on $3,000 bail for printing stickers caricaturing Jews and bearing the slogan, ‘“‘Vote Gentile, Buy Gentile.”’ In a letter to Wilbur Keegan, attorney for the printer, offering the services of the Civil Liberties Union, Mr. Hays attacked the constitutionality of the New Jersey statute passed in 1935. Announcing the Union’s decision to aid the Bund Mr. Hays declared:

“We have always held that the so-called Anti-Nazi statute is unconstitutional in that it violates the American tradition of freedom of speech and press. In March, 1936, we sought to test the statute in the courts when we came to the defense of a member of Jehovah’s Witnesses, a religious cult, arrested for distributing an allegedly de- famatory religious circular. Unfortunately, the charges against the defendant were withdrawn before our suit had.a chance to reach the courts.”

Ousted!

George Arms, Secretary-Treasurer of the Longshoremen’s Union, 1-10, has been ousted from his position. because of rendering assistance to Messrs. Harper Knowles and Stanley M. Doyle in preparing the notorious $5,100,000 red-baiting suit. The Union voted 1477 to 1168 in favor of the > ouster.

MONTANA PROFESSOR’S CASE IN STATE SUPREME COURT

The Montana Supreme Court will shortly consider the appeal of the State Board of Education from the mandamus granted by the District Court last March ordering re- instatement of Professor Philip O. Keeney, ousted University of Montana librarian. The Civil Liberties Union is preparing a brief amicus curiae in Keeney’s behalf, to be filed December 10. Similar action was taken by the Union in the original court proceedings.

Prof. Keeney charged that he was dis-. missed in April, 1937, because of his efforts in organizing a local of the American Federation of Teachers.

THE A. C. L. U. PROGRAM DURING THE PAST YEAR

Here is the program of the chief campaigns handled by the Union in 1938:

1. Opposition to all forms of gag legistion—federal, state or city—curtailing free- dom of speech, press or assemblage; and particularly bills making criminal mere lan- guage, or restricting the right of minority parties to the ballot.

2. Campaign against the unprecedented array of laws and regulations restricting freedom in education, both in schools and colleges; and particularly against compulsory oaths of loyalty for teachers, compulsory flag saluting by children and compulsory military training.

3. Changes in the immigration and deportation laws to end all restrictions merely because of political opinions; to admit and protect genuine political refugees; and in citizenship proceedings to remove tests of aliens’ views not imposed on citizens.

4. Aid in campaigns for the release of political prisoners, and against all prosecu- tions under sedition and criminal syndicalism laws.

5. Campaigns to open up all areas or cities where the rights to meet and organize are denied, and particularly to gain recognition for free speech by setting aside rec- ognized public places for meetings.

6. Continuous defense of labor’s rights to organize, strike and picket and to bargain collectively without interference; opposition to legal recognition of company- controlled unions; and to martial law in strikes. Prosecution of vigilantes and other lawless elements attacking strikers’ rights.

7. Defense of the right of the unemployed to organize, demonstrate and petition without interference or penalties; maintaining the right of relief workers to organize and protest without penalty.

8. Campaign for state labor injunction laws modeled on the federal law and those adopted by sixteen states.

9. Greater freedom of the air by radio by setting aside time for public discussion free of station managers’ control; by requiring equal facilities for all sides of con- troversial topics.

10. Change in the bureaucratic Post Office censorship by requiring trial by jury for excluded matter, as now in effect in the Customs service concerning matter imported from abroad.

11. Abolition of the motion picture censorship boards in six states, leaving sole control of movies to public opinion and, in extreme cases, criminal prosecution; op- position on the same basis to censorship of books and plays.

12. Aid in the campaign against lynching; and in the struggle for Negroes’ civil rights.

13. Extension of civil rights in colonies under American control, with autonomy or ultimate independence. —

UNION TO AID NEGRO, BARRED FROM MISSOURI UNIV., IN COURT APPEAL

Charging that equal protection of laws guaranteed by the 14th amendment to the U. 8. Constitution had been denied, the American Civil Liberties Union will file a brief amicus curiae in behalf of Lloyd Gaines, St. Louis, Mo., Negro student, in his appeal to the U: 8. Supreme Court for an order compelling the University of Missouri Law School to admit him. The high court has already agreed to review the case.

When Gaines, a graduate of Lincoln University in Missouri, applied to the University of Missouri Law School for admission in 1935, he was refused entrance chiefly on the ground that he was a Negro. A writ of mandamus, sought by attorneys for the National Association for the Advancement of Colored People, was refused by the Circuit Court of Boone County and the decision affirmed by the State Supreme Court last December. The university held that Lincoln University was not an accredited school. Attorneys for Gaines contended the Negro college is accredited and that Negroes are denied higher educational opportunities in Missouri equal to the opportunities of whites.

A. C. L. U. Upholds Socialist Party Protest

The November issue of the A.C.L.U. NEWS carried a brief item in its “Let Freedom Ring’ column entitled, ‘Olson, Patterson and Downey.” ‘The opening sentence read, “‘On their civil liberties records our choices in the November election are Olson, Patterson and Downey.” The article then went on to give a partial record of the attack made on Olson and Patterson by their Republican opponents because of their support of civil liberties.

Thereafter we received protests from the Socialist Party of California, San Francisco and East Bay branches, against the Union “oiving a blanket endorsement to the can- didacies of the various Democratic nominees.”’ If we were launching into politics by giving the civil liberties records of the various candidates, they asked, why did we fail to mention ‘‘the position and record of Lillian Symes Clements, long time member — and active worker for many years in the A.C.L.U., who was the Socialist candidate for United States Senator?”’

Because we feel that the complaint has merit, we wish to express our regrets to Miss Symes, and to our readers and supporters. In writing the item in question, it was not our intention to make any endorsement of political candidates, but merely to point out the attack that was made by one group of political candidates on another group because of their support of civil liberties. We are sorry that an unfortunate use of language permitted any other construction. Hereafter, we will be careful to make it plain that no political endorsements are being made, directly or indirectly, when the civil liberties records of candidates are under scrutiny.

We concur in the statement of our national office that, “It would obviously be fatal to our purpose to endorse or oppose | any candidate for public office, even on the basis of attitudes to civil liberties. The most the Civil Liberties Union feels justified in doing in any campaign is to sound out parties and candidates on their attitude to civil liberties and to publish the results without comment. Similarly, in cases of ap- pointments, to public office we have often called attention to the facts in regard to civil liberties’ attitudes and records, permitting the facts to speak for themselves.”’

Comment on Editor’s Statement

Editor:—The damage done by the ACLUNEW®S’ pre-election blessing to Messrs. Olson, Patterson and Downey, which reached the voters two days before the election, can not be remedied by any explanation at this time. The continued membership of Socialists within the ACLU must depend upon its future adherence to that basic principle of non-partianship affirmed by its National organization. At no time have Socialists sought to cash in on their ACLU activity for political advantages. They have consistently opposed ‘‘united fronts’ between the ACLU and all political organizations, including their own. And in the recent election when their party was fighting a “civil liberties” fight to stay on the ballot in California, it never occurred to them to ask support from the ACLU.

Now that the election is over, they and all other political minorities have a right to demand that the ACLU turn at least part of its attention to the fight to amend our undemocratic election laws in this state. Those laws are frankly aimed at the per- petuation of the two-party system. They deny to political minorities which fail to poll at least 3% of the total vote in a state — election, the right to appear on the ballot thereafter, even in a national election. For such a minority group to get back on the ballot requires petitions bearing more than 250,000 signatures of registered voters. In short, these laws are aimed at disenfranchising political dissent in California. Here is a civil liberties issue of the first order for the ACLU.—Lillian Symes,