vol. 4, no. 6

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. IV SAN FRANCISCO, CALIFORNIA, JUNE, 1939 No. 6

1 FLAG BILL LOSES; 20 GAINS

Senate Comm. Kills Worst Bill; Permissive Measure Advances

The Senate Education Committee on May 25 refused action on the Gannon-Millington compulsory flag salute bill, A.B. 343, which would require teachers to direct and pupils to perform the flag salute on threat of expulsion, at least once a week. After a brief hearing, Senator Slater of Santa Rosa moved to send the bill to the floor of the Senate with a “do pass” recommendation, but the motion died for want of a second.

Since there was not further motion, the bill stayed in committee. “The measure had previously been adopted in the Assembly by a vote of 48 to 33. .

Reference to the Senate was delayed for a few days by Assemblyman Dill’s motion to reconsider the previous vote, which was finally rejected 34 to 38. | )

Nielsen Bill Goes to Assembly

On the other hand, the Assembly Education Committee on May 26 gave a favorable recommendation to the Nielsen bill, S.B. 310, which had previously passed the Senate by a vote of 26 to 10. This bill permits local school boards to enact their own rules and regulations governing flag saluting, and allows such boards to suspend or expel a.child who refuses to abide by such rules.

Only a bare majority of the Assembly Education Committee were present when the bill was considered, including Messrs. Dills, Green and Johnson, who had voted against the Gannon-Millington bill on the Assembly floor. The votes of all Assemblymen present were necessary to pass the bill out of committee. When the ballot was taken, Mr. Green was the only one to vote against it, but he soon lined up with others. Mr. Dills, who is a teacher at Compton and a reputed liberal, apparently succumbed to American Legion and newspaper pressure at home which is demanding his school job because of previous liberal votes. The others voting to report the bill were Miss Daley, Miss Miller, Evans and Gallagher, the last from San Francisco.

Permits Local Compulsion

In effect, the Nielsen bill, which will very likely be adopted by the Assembly and re- ceive consideration by the Governor, codifies the court decision in the Gabrielli flag salute case which the A.C.L.U. handled. In other words, local school boards do not need this law to impose compulsory flag saluting, because they can do so under the authority of the Gabrielli case decision.

But there is no duty or reason for the Legislature to codify existing court decisions, unless such decisions represent sound public policy. Courts decide merely issues of law; they do not decide questions of policy. It is up to the Legislature to determine policy, and in this instance sound public policy demands that the Nielsen bill be rejected.

Reverse of Americanism

Compulsory saluting is unnecessary because all school districts, without exception, already conduct voluntary flag salute exercises; it violates the religious beliefs of a small minority group whose religious beliefs hurt no one; it imposes a fascistic com- pulsory patriotism; and it punishes little children for obeying their parents. As Chester Rowell of the San Francisco Chronicie has said, “it is a rather discouraging commentary on the present state of public hysteria that legislators should think it good politics to vote for such a measure of compulsory conformity. Such tactics belong in the fascist or communist system, but they are the exact reverse of Americanism.”’

Bill Tabled Following

A: C. L. U. Protest

The Public Order Bill by Assemblyman Cecil R. King, A. B. 1553, has been tabled by the author following the filing of objections by the A. C. L. U. The measure sought to regulate armed and uniformed military groups, but in doing so it required licenses for private meetings, failed to define the terms uniform and armed organizations, and contained what was in effect a criminal syndicalism act.

Announcing his decision to table the bill, Mr. King wrote the following letter to the A. C. L. U.

“I have your letter of April 28 and wish to thank you for the complete and thorough way you brought points to the surface. In fact, you elucidate the matter so splendidly that I will ask that Bill No. 1553 be tabled at the next meeting of this Committee.”

PATRIOTEERS FAIL TO REGULATE WASHINGTON’S BIRTHDAY EXERCISES IN SCHOOLS

The silly proposal of the Americanization Assembly of Sacramento to require school exercises on Washington’s Birthday to emphasize his warning “against entangling alliances,” later amended to read “‘concerning alliances with foreign powers,” is dead for this session of the legislature. Introduced by Assemblyman Desmond of Sacra- mento, the measure, A:B. 2706, failed to marshall sufficient votes in the Assembly Education Committee to send it to the Assembly floor.

A.C.L.U. Opposes Citizenship for Alleged Mob Leader

The A. C. L. U. on May 19 opposed the citizenship application of Fred Cairns, Sec- retary of the San Rafael Chamber of Commerce, and alleged leader of the Santa Rosa tar and feather mob of 1935. The petition of Cairns, a citizen of the Irish Free State, came on for a hearing before Superior Court Judge Ed I. Butler at the San Rafael court house, who continued the matter until June 9 to allow Cairns to secure counsel to represent him.

Jack Green, Sol Nitzberg and Charles Mayer, victims of the mob, were on hand to testify that Cairns, by reason of his vigilante activities. is not a fit person to become a United States citizen. At the conclusion of Green’s testimony, Cairns. complained that he was not represented by counsel, and had no witnesses on hand to support his claim that he was just a spectator during the tar and feather episode, so the foe continued the matter for three weeks.

Judge Tries to Transfer Case

Judge Butler also suggested that the case be transferred to the Santa Rosa Superior Court for the convenience of witnesses, but the Naturalization Examiner reminded him that that court would have no jurisdiction. because of Cairns’ present residence in ‘San Rafael.

In August, 1936, Cairns, then Secretary of the Healdsburg Chamber of Commerce, was among twelve asserted vigilantes held for trial on six felony counts growing out of the kidnaping of five men and the tarring and feathering of Jack Green and Sol Nitzberg in Santa Rosa on August 21, 1935. All were acquitted after trial in the Superior Court in Santa Rosa.

Subsequently, Cairns successfully resisted a $25,000 damage suit brought against him by Jack Green and tried before a jury in the federal court in Sacramento.

Ed Woolf, one of the vigilante victims, died during the past year.

NOTICE TO SUBSCRIBERS

About this time of the year our treasury always runs dangerously low. May we, therefore, urge all who have | made pledges to make payments now.

IF YOU EXPECT TO BE ABSENT DURING THE SUMMER MONTHS,

won’t you please help us to negotiate that difficult period by paying your pledge in advance.

Page 2

Hobb's Alien Internment Bill Opposed In Senate

Defeat in the Senate of the Hobbs’ concentration camp bill (H.R. 5648), which passed the House on May 5, is strongly urged by the American Civil Liberties Union in letters to members of the Senate Judiciary Committee attacking the measure as ‘“‘wholly unnecessary and essentially unjust.”

The bill provides for the detention “‘in established institutions” of aliens ordered deported but for whom passports cannot be obtained to effect their deportation. Among those affected would be aliens convicted of “anarchistic acts’ and “crimes of moral turpitude.”’ The bill is retroactive, applying to aliens ordered deported since 1918.

Objections to the measure, as outlined by the Union, are:

“There is no real evil to be met by providing places of detention for aliens who can- not be deported. Those who commit crimes can be proceeded against like anyone else. .

“The number of aliens for whom passports cannot be secured is comparatively small. The Department of Labor gives figures Showing that from 19380 to date 1647 aliens could not be deported—an average of less than 200 a year. The creation of places of detention at considerable expense to the government is a measure unjustified by so small a group of aliens.

“The proposal constitutes a form of punishment not consistent with the procedure in regard to aliens, which is civil not criminal. It is no fault of the aliens involved that governments refuse to issue passports. They should not be penalized for the tech- nical and other difficulties arising in the intercourse of governments.

“Imprisonment for inability of the government to deport would condemn these aliens to indefinite punishment. It is highly questionable whether confinement of aliens in ‘places of detention’ is constitutional except as punishment for crime.”

A.C.L.U. PROTESTS FINGERPRINTING AND MUGGING OF WP.A. WORKERS BY POLICE

The A.C.L.U. last week protested to Administrator William R. Lawson the finger- printing and “‘mugging’’ by San Francisco police of W.P.A. enumerators engaged in a housing survey. The registration was “re quested”? by Police Chief Quinn after the Supervisor of the project had solicited the cooperation of the police.

At the present time, some 75 workers are involved, but the project will ultimately include 300 enumerators. Thus far, three enumerators have declined to be finger- printed. When Ernest Besig conferred with Administrator Lawson, the latter disclosed that he had acceded to the Chief’s request, but that any person refusing to be finger- printed would be assigned to inside work on the Real Estate Survey.

The present compulsory finger-printing of W.P.A. workers is unprecedented in this area. The Union insisted that no worker should be required to be “mugged” and finger-printed as a condition for a job.

Mr. Lawson argued that the step was taken for the protection of the workers and the public alike, and that he felt bound by the request of Chief Quinn. Nevertheless, he agreed to reconsider his ruling.

No doubt many excuses can be found to finger-print particular classifications of workers. In the past, finger-printing of persons dealing with children or having custody of property has been advocated. Such proposals all lead in the direction of universal finger-printing demanded ‘by patrioteers and reactionaries which would enable the police to exercise a constant surveillance of the activities of the people. That is typical of certain European countries, but it is contrary to the American tradition of liberty.

Senate Comm. Rejects Plan To Exelude Persons From

Office Because Of Opinions

The Senate Judiciary Committee on May 3 failed by one vote to table suppressive S. B. 1228, by Senator Biggar, prohibiting persons “engaged in activities subversive of constitutional government in the United States and obnoxious to the public interest,” from holding public office. A motion by Senator Kenny of Los Angeles to table the measure, seconded by Senator Carter, received 6 votes, with 2 opposed and 2 not voting. Since there are 13 members on the committee, a motion needs 7 votes for adop- tion. Consequently, while the bill .ig still on the committee’s active file, and may be brought up at any time, the chances of it being reported out of committee are exceed- ingly remote.

As considered in committee, the bill was entirely different from that originally in- troduced. It will be recalled that the original bill, among other things, prohibited two or more persons from associating in practices ‘‘detrimental” to the existing form of government, the advocacy of doctrines destructive of our governmental institutions, and the licensing of every person who advocated any change in our State or federal constitutions. Following protests from the A. C. L. U., Senator Biggar struck out the entire bill and re-wrote it to provide against the advocates of certain doctrines holding public office.

Ineligible Classes

The measure made the following. classes of persons ineligible to hold public office:

1. Members of groups advocating the

ASSEMBLY VOTE ON THE GANNON FLAG SALUTE MEASURE

Following is the Assembly vote on the Gannon-Millington compulsory flag salute measure, A.B. 348, taken May 4:

Ayes—aAllen, Andreas, Burns, Hugh M., Burns, Michael J., Burson, Call, Cassidy, Corwin, Crowley, Daley, Del Mutolo, Desmond, Dilworth, Donnelly, Evans, Field, Fulcher, Gannon, Garland, Gilmore, Houser, Kellems, Kuchel, Leonard, Lyon, Maloney, Meehan, Miller, Eleanor; Miller, ‘George P., Millington, O’Donnell, Poulson, Redwine, Sawallisch, Scudder, Sheridan, Stream, Thurman, Turner, Walker, Weybret, Williamson and Wollenberg—43;

Noes — Atkinson, Bennett, Carlson, Clarke, Collins, Dills, Doyle, Gilbert, Green, Hawkins, Heisinger, Johnson, Kepple, Kilpatrick, King, Knight, Massion, O’Day, Pelletier, Phillips, Reaves, Richie, Robertson, Rosenthal, Salsman, Tenney, Thorp, Voigt, Watson, Weber, Yorty and Speaker Paul Peek—33.

SENATE VOTE ON THE NIELSEN FLAG SALUTE BILL

Following is the Senate vote on the Nielsen Flag Salute bill, S.B. 310, taken on May 1, which is now before the Assembly for consideration:

Ayes—Brown, Collier, Crittenden, Cunningham, Deuel, Fletcher, Garrison, Gordon, Hayes, Holohan, Jespersen, Law, Mayo, McBride, McCormack, Mixter, Myhand, Nielsen, Parkman, Quinn, Seawell, Slater, Swing, Tickle, Wagy and Westover —26. Noes—Biggar, Breed, Carter, DeLap, Foley, Hollister, Keating, Kenny, Phillips, and Shelley—10.

“Eternal vigilance is the price of liberty.”

“overthrow” of the government. (Every change is an overthrow of what previously existed) ;

2. Anyone advocating the substitution of an alien form of government. (Senator Carter pointed out that this provision would not allow an office holder to advocate the English or French parliamentary systems) ;

3. Advocates of force and violence to secure governmental change. (Upton Sinclair and the strongly supported Epic movement were denounced as revolutionary) ;

4. Advocates of racial, religious or class intolerance. (There is no common agree- ment on what constitutes advocacy of these things) ;

5. Anyone who conspires with another to accomplish any of the above enumerated things; and,

6. Anyone “who is a member of any organization, party, or association advocating any of the things mentioned in this section.”’

A Good Bill for Informers

Under the above proposal, all office holders would be placed at the mercy of in- formers and personal enemies ready to report as violations of the law any remarks on American politics. Last year Governor Lehman of New York vetoed a similar proposal, while this year the New York Senate has before it the same bill recently adopted by the Assembly which the A. C. L. U. is opposing.

Among those voting against the bill was Senator Jack Shelley of San Francisco.

A.C.L.U. BRIEF SUSTAINED IN STATE SUPREME COURT

The Third District Court of Appeal in the case of People v. Yuen, arising out of the Murchie Mine, Nevada County, labor disturbances, in the following language denied the right of pickets to defend themselves against unlawful attacks by a sheriff:

“They attempted to justify their resist‘ance upon the ground that they were en- titled to resist an unlawful attack upon them by the sheriff. That, however, is not the law. It is the duty of a citizen to obey the commands of a peace officer given in his line of duty. If the officer is exceeding his authority, the recourse of the citizen is to the courts and not to open resistance.”

Excepting to that part of the court’s. Opinion, the A.C.L.U. filed an amicus curiae brief in the State Supreme Court, which on May 12 decided to “withhold approval’’ of the lower court’s conclusions on the right of self-defense.

Signing the brief were Attorneys Philip Adams, Wayne M. Collins, James J. Cronin, Jr., Morris M. Grupp, Clarence E. Rust and M. C. Symonds, all members of the A. C. L. U. Executive Committee.

INJUNCTION AGAINST NEW JERSEY WOMEN SHOPPERS TO BE APPEALED

In defense of the right peacefully to publish opinions, the American Civil Liberties Union has come to the aid of the New Jersey League of Women Shoppers in their contest of a Chancery Court supplementary preliminary injunction restraining the League’s members from picketing and distributing leaflets before the Kitty Kelly shoe store in Newark.

The temporary injunction followed a similar court order forbidding picketing by the United Retail Employees of Newark (CIO) on the ground that its strike was legally terminated with the replacement of striking employees. Final hearings will be held shortly. If the injunction is upheld, the League and the Civil Liberties Union plan to carry the appeal to the New Jersey Court of Errors and Appeals.

the A. from the 5th to the 12th of November.. permit.

Let Freedom Ring

Roger Baldwin Coming to California Roger N. Baldwin, national director of C. L. Us will visit San Francisco

This will be Mr. Baldwin’s first appearance on the coast since 1926. Speaking engage- ments in the bay area are now being arranged.

Robert Morss Lovett Appointed

Robert Morss Lovett, emeritus professor of English at the University of Chicago and member of the National Committee of the A.C. L. U., was recently appointed government Secretary of the Virgin Islands by President Roosevelt. The Hearst press took the occasion to attack Lovett as a radical.

J. Stitt Wilson

J. Stitt Wilson, former Mayor of Berkeley and staunch supporter of civil liberties, was recently appointed to the State Relief Commission and the State Board of Social Welfare by Governor Culbert L. Olson. Mr. Wilson. last March appeared before the

Assembly Judiciary Committee to argue for repeal of the Criminal Syndicalism Act.

Massachusetts Shows ’Em How

On April 17 the United States Supreme Court upheld a lower cout decision dismissing the petition of William A. Johnson of Deerfield, Mass., to restrain the local school board from barring his children from school for refusing to salute the flag on religious grounds. Prior to that, on Febru-ary 1, a jury acquitted Johnson of the charge of failing to send his children to school. But on May 1 the children were adjudged “habitual school offenders” and sentenced to the Hampden county training school at Springfield. The case is now on appeal. . '

Tonsorial Liberty :

In. New Bedford, Mass., ‘military haircuts” were prescribed for the 300 boys in the Junior R.O.T.C. unit, and demerits ‘for those who failed to comply with the order.

Police Brutality

One of those rare cases of prosecution for alleged police brutality is scheduled for Napa, where Police Chief Eugene C. Riordan and another officer have been arrested on charges of battery and “willful inhumanity toward a prisoner in custody.” The com- plainant, W. C. Collins, a United States sailor, has the good fortune to have the sup- port of his superior officers. He alleges that he was beaten and kicked while tied hand and foot.

Imperial Valley Vigilantes Capitulate The Imperial County Fair board of directors refused to permit Labor’s Non-Partisan League to use its stadium for a Memorial Day meeting, following protests by the Associated Farmers, on the ground that the people scheduled to take part in the meet‘ing “are either Communists or communistically inclined.” Lieut. Governor Ellis Patterson and Dr. Towne Nylander, Southern California director of the N.L.R.B., were the scheduled speakers. Governor Olson finally intervened and the fair board granted the

Martin Dies’ Camp Meeting

Congressman Martin Dies delivered the main address at the Legion’s Stand By Workers Alliance Membership and Support

Page 3

Of Loyalist Spain Delay Citizenship Another case has come to our attention during the past month in which the Naturalization Service of San Francisco has held up an alien’s petition for citizenship an outrageously long time because of admitted membership in the Workers’ Alliance. Esteban Aguirre, a Spaniard, filed his final petition October 22, 1927. Now, more than 19 months after that filing, his petition still awaits determination while an investigation is made into his membership in the Workers’ Alliance and contributions to the Loyalist cause in Spain. This is the s

econd case where membership in the Workers’ Alliance has provided the excuse for delaying an alien’s application for citizenship. Last April we reported the case of Harry Copeland, who was finally admitted after a year’s delay when the A. C. L. U. intervened in his behalf.

Like Mr. worked on the W. P. A., but he lost his job last March through lack of citizenship. Unlike Mr. Copeland, however, Mr. Aguirre has a family to support. Two out of three of his children were born in the United States. The eldest child has just graduated from Galileo High School in San Francisco where he was a star football player and is much sought after by the leading universities in the state.

Loyalist Contributions Questioned

The brief record in the case discloses no legal grounds for excluding Mr. Aguirre from citizenship. Apparently, membership in the Workers’ Alliance and contributions to the Loyalist cause created the suspicion in Examiner Stanley M. Johnston’s mind that he might hold radical opinions. Here, for example, is Mr. Aguirre’s testimony on his support of the Loyalist cause:

“Q. Do you contribute to either side in the Spanish War? A. Yes, I give one dollar a month to the Loyalist, the Republican side. |

“Q. Why don’t you contribute to the other side also? A. I feel that the Loyalist side is in the right and the others, the Germans and the Italians, are helping the revolutionists.

“Q. Now to whom does this money go Copeland, Esteban Aguirre | that you contribute ? A. This money goes for food for widows and children.

“Q. What organization. collects this money! A. The Accion Democrata EspanoO. a.

“Q. Is that organization located in San Francisco? A. Yes....

“Q. If you should find that the Accion Democrata Espanola was affiliated with the Communist Party would you continue to contribute your money to it? A. Oh, no.”

We wonder whether contributions to the Franco cause would have delayed Mr. — Aguirre’s application.

When this case was called to the attention of Paul Armstrong, Assistant District Director, he made the following explanation:

Investigating Staff Small

“I regret the fact that so much time has elapsed since the filing of the petition for citizenship of Mr: Aguirre without final report having been made to the court, with recommendation of the Designated Examiner. Such report is, of course, being withheld because our investigation has not been concluded. Our investigating staff is so small that we are far behind in this and similar matters. However, we will try to conclude our investigation in the near future so that this matter may be presented to the Court.”’

We do not doubt that the Department’s investigating staff is inadequate to cope with the thousands of applications for citizenship that are pending, but there seems to be discrimination in handling investigations. For example, the application of Fred Cairns, alleged leader of the Santa Rosa tar and feather party, received prompt atten- tion even though protests had been made against his admission. Moreover, the Cairns petition has apparently received action without any prior investigation.

As we said before, while a suspicion or report that an alien is disqualified for citi- zenship demands investigation, it certainly does not permit endless delay in the hope that some evidence will turn up to gsupport it.

Assembly Adopts Bill Eliminating Minority Parties from Ballot

By a vote of 41 to 21 the Assembly on May 25 adopted A.B. 880 by George P. Miller, which admittedly eliminates all except the Republican and Democratic parties from the ballot, and thereby stifles political dissent in California. In order to remain on the ballot, a minority party would have to receive 6% of the entire vote cast at the last gubernatorial election, or exactly 161,754 votes. Until two years ago, the figure was 1%, but in 1937 the present 3% crept into the law ‘unnoticed.

Once off the ballot, a party would need more than eighty thousand registered sup- porters, or three per cent of the vote cast at the last gubernatorial election, in order to secure a place. Or, to get on the ballot by petition, a minority party would need 404,386 valid signatures, or 15 per cent of the entire vote cast at the last gubernatorial election, an almost impossible task unless the group was well financed.

If the Miller bill ultimately becomes law, it would result in the Commonwealth, Com- munist, Prohibition, Progressive and Townsend parties losing their present places on the ballot. Transmission of the Miller bill to the Senate was held up by a motion to re- consider made by Paul Richie.

San Francisco on May 4. About 6000 people were in attendance. Mr. Dies, calling frequently upon God, flailed the air with both arms, roared at a moderately appre- ciative audience, and conducted his camp meeting in a manner worthy of emulation America rally at the Civic Auditorium in by even the experienced evangelist.

BRIDGES’ DEPORTATION HEARING SET FOR JUNE 26 IN S. F.

James M. Landis, dean of the Harvard Law School and former Chairman of the Securities Commission, will act as trial examiner in the Harry Bridges deportation proceedings which open in San Francisco on June 26. He was appointed by Secretary of Labor Frances Perkins.

The issue to be determined is whether Bridges was a member of an organization which advocated the violent overthrow of the government at the time of his arrest. The government’s case will be presented by Thomas B. Shoemaker, Deputy Commissioner of Immigration; District Director Raphael P. Bonham of Seattle, and Divisional Director Ray J. Norene of Portland, Ore.

Mr. Bridges’ counsel will include Carol King of New York City, Secretary of the International Juridical Association and expert on deportation matters, as well as Lee Pressman, of Washington, D. C., national counsel for the C.I.O.

The LaFollette Investigation

The resolution of Senators Downey and Schwellenbach to appropriate $100,000 to continue the LaFollette Civil Liberties Investigation on the Pacific Coast has been referred to the Committee to Audit and Control the Contingent Expenses of the Senate, headed by Senator James F. Byrnes. If you have not already done so, may we urge you to write at once to Senator Byrnes, 360 Senate Office Bldg., Washington, D. C., es favorable action on the resoluion.

American 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.

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

Three Issues In Graham ‘Case To Be Threshed Out June 12th

The Marcus Graham case has been postponed for further hearing by Federal Judge Leon R. Yankwich to June 12th. The case had been returned for hearing to Judge Yankwich by the United States Circuit Court of Appeals, which reversed his order sentencing Graham for contempt of. court because of Graham’s refusal to answer questions put to him by Immigrant Inspector Albert del Guercio of Los Angeles. ;

The major ground upon which Graham asserted his constitutional right to be free from further persecutions and harrassment at the hands of immigration authorities was that the warrant of arrest and order of deportation outstanding against him were over twenty years old and therefore void. Graham also insisted that deportation, on the ground that he is a philosophical anarchist, constituted interference with freedom of speech under the federal constitution.

The Circuit Court of Appeals agreed with Judge Yankwich in overruling these objections but sent the case back after annulling the order of Judge Yankwich on the ground that some of the questions put to Graham might incriminate him.

The higher court’s decision is noteworthy in that it establishes the right of an alien to refuse to answer questions which might tend to incriminate him, as a constitutional right. courts have taken the position, as did Judge Yankwich, that an immigration proceeding was not a criminal proceeding and that the constitutional right to be immune from incrimination, which is applicable in criminal cases, could not be claimed by an alien in a deportation case.

Graham, through American Civil Liberties Union counsel A. L. Wirin of the law firm of Gallagher, Wirin and John gon, intends to raise again the following important civil liberties issues:

(1) Is a philosophical anarchist, who is opposed to organized government but does not advocate the destruction of government by force and violence, subject to deportation under the immigration laws?

(2) Are deportation proceedings pending over twenty years valid?

(3) Was the course of conduct by the immigration authorities during this twentyyear period in pursuing, persecuting, and harrassing Graham such as to constitute a denial of due process and thus entitle Graham to immunity from further persecution?

In the event of adverse rulings by Judge Yankwich upon these questions further appeal to the United States Circuit Court ot Appeals is contemplated. (Open Forum. )

‘BILLS OUTLAWING ANTI-PICKETING ORDINANCES DEFEATED

The Rosenthal measures, A.B. 104 and 105, to outlaw anti-picketing ordinances, were defeated in the Assembly on May 22 by a vote of 33 to 38. Included among those voting against the proposal were Green and Wollenberg of San Francisco; Johnson of Berkeley; Salsman of Palo Alto; Carlson and Phillips of Oakland; Weber of Stockton, and Millington of Gridley.

Final defeat for the measure came on May 24 when the Assembly, by a vote of 36 to 38, refused to reconsider its previous vote.

Editor .

Heretofore the

“Rules To Encourage F Pan Speech '

On Radio Urged On F. C. C.

Adoption of rules to promote freedom on the air has been urged upon the Federal Communications Commission by the National Council on Freedom from Censorship, affiliate of the Civil Liberties Union, in a memorandum to Frank R. MecNinch, F. C. C. chairman.

-In connection with the granting and. re-newal of licenses, the Council contends that the radio industry is inevitably under an indirect form of censorship and control by the F. C. C. through its interpretations of the phrase “‘public interest, convenience and necessity.” have been fixed by which that phrase can be interpreted,” the Council suggests it be so defined that it will be understood by both the industry and the public. Formulation of such standards should consider the following:

Equal Facilities for Controversial Issues

““All radio stations should be required to devote a certain proportion of their time for the discussion of public issues and for educational programs. Stations putting on a program involving a controversial issue should extend equal facilities to at least one important contrary view immediately after the original discussion. All stations should be required to keep a record of programs accepted and refused for inspection by the Commission or any interested public agency in order to determine program policy.”

In considering applications for licenses, the Council proposes that standards of ‘public interest, convenience and necessary” should take into account the number and character of stations in a community and the diversity of program service. ‘‘Ap- plications from an educational institution, a labor organization or a municipality should be given preference over a profit making enterprise, particularly in communi- ties which already have commercial radio stations.”

Short Term Licenses Restrictive

On the ground that a short term of license constitutes a method of discipline which “inevitably restricts freedom of the air,” the Council urges that the Commission extend the life of licenses from the

Asserting that “no standards

present six months to a considerably longer period within the three years permitted by law. In cases where revocation is contemplated, the Council takes the position that the burden of proof should be on complain‘ants and the Commission to show conduct contrary to the public interest. Attacking recent remarks by Chairman McNinch critical of certain programs—notably the Mae West episode and programs involving racial prejudice—the Council declared that “such statements have the effect of exercising duress on the stations.”

Two matters touching on freedom on the air should be left to Congress, according to the Council. One is to relieve stations of liability for slander in programs concerning public issues on sustaining time. The other is the provision in the Communications Act concerning obscene, indecent and profane language, “the use of which may be the occasion for refusing the renewal of a li cense or for revoking it.”

Non-Commercial Programs

The Council also called to the Commission’s attention the policy of the large net- works in refusing to sell time for noncommercial programs. ‘This policy results in an unfair handling of public issues, for commercial sponsors have used the time they buy for the discussion of controversial public questions which cannot be presented by the other side unless it too has goods or services to sell. Thus a labor organization may not buy time on the networks while employers and employer-industry groups through commercial advertisers may state their case without restriction. remedy for this unfair situation is to prohibit a discussion of public issues on commercial time.” The problem, suggests the Council, may be left to regulation by the industry.

Signing the memorandum are Quincy Howe, Chairman of the National Council on Freedom from Censorship; Elmer Rice, Vice-Chairman; Henry J. Eckstein, Secretary of the Council’s Radio Committee, and Roger N. Baldwin, Director of the Civil Liberties Union.

Naming of Admiral Leahy As Puerto Rico Governor Protested

The proposed appointment by President Roosevelt of Admiral William D. Leahy as Governor of Puerto Rico was bitterly assailed by the Committee for Fair Play to Union, in a sharp telegram of protest to the Puerto Rico, affiliate of the Civil Liberties President, signed by Oswald Garrison Villard, Chairman of the Committee.

“We protest most earnestly against the proposed appointment of Admiral William D. Leahy as Governor of Puerto Rico, with full recognition of his.ability, distinguished record, and high standing in the Navy. Our protest is not against him personally, but against the appointment of any naval officer to a position which deals almost exclusively with civilian problems of extraordinary difficulty, with catastrophic economic and industrial conditions, terrifying unemployment, and problems of civil liberties, all of which lie entirely outside of the experience of either a military or a naval officer.

Entitled to a Civilian Administration

“The unfortunate island of Puerto Rico has been repeatedly denied freedom of speech and assembly for five and one-half years under the administration of Major General Winship, whose governorship has now been summarily terminated by you. . It is entitled now to a civilian administrator of the highest skill, cognizant of the extraordinary difficulties of the problem, difficulties enhanced by the Latin-Amer-

TWO ACADEMIC FREEDOM CASES ARISE IN STATE

From Visalia comes the report that the contract of William G. Reidy of the Visalia Junior College has not been renewed because his wife belongs to the S. C. M. W..:A., an affiliate of the C. I. O. Since Mr. Reidy has* merely completed his second year’s: contract, he does not have tenure, and the School Board may dismiss him for any reason. Apparently, Mr. Reidy rates better with his students than he does with the Board, because the former threatened a. strike if his contract were not renewed. Another academic freedom case involves Hric Beecroft, Professor of Political Science at U. C. L. A., who may lose his job because of his liberalism. Prof. Beecroft has been teaching at U. C. L. A. for eight years, and now the head of his Department has suddenly recommended his dismissal for no valid reason. Once again, the students have come to the aid of their teacher, for a petition said to bear 2700 students’ names has been filed with the President of the University.

At present the matter is in the hands of Pres. Robert G. Sproul at Berkeley, Calif., who will shortly make a recommendation to the Board of Regents. All persons are urged to send protests to President Sproul.

ican temperament, and the clashing ideals.

of the Spanish culture of the Puerto Ricans and those of the Americans. For this rea- son, Puerto Rico should be governed most preferably by a Puerto Rican.

“Eternal vigilance is the price of liberty.”

The only