vol. 4, no. 10

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. IV SAN FRANCISCO, CALIFORNIA, OCTOBER, 1939 No. 10

DOYLE GUILTY OF BATTERY

Court Suspends Five-Day Jail Sentence, But Appeal Taken

Stanley Morton (Larry) Doyle, mountainous professional red-baiter who wouldn’t talk in the Bridges deportation proceedings, was convicted on battery charges in the San Francisco Municipal Court on September 20. Judge Clarence Morris imposed a five-day county jail sentence on Doyle, which he immediately suspended because the offense was not aggravated and the accused had no previous convictions against him. Harry W. Glensor, attorney for Doyle, nevertheless, gave oral notice of appeal, on the an- nounced theory that Doyle had merely used reasonable force to defend his right to privacy. ‘The court had previously rejected that argument when it was advanced in support of a motion to dismiss the battery charges, because it felt that Doyle had re- .linquished the asserted right by participating inthe public assembly. —

Case Arose 17 Months Ago

The case had its inception 17 months ago, on. April 23rd, 1938, during the course of an anti-Nazi demonstration before the German consulate in San Francisco. The use of unwarranted force by the police in breaking up a similar anti-Nazi demonstration the previous week prompted Ernest Besig, local director of the A.C.L.U. to be on hand with his motion picture camera. Besig took pictures of Doyle pointing out persons on the picket line to the police. When the camera-shy Doyle suddenly realized he was being photographed, he ran after Besig, seized his camera, and, with the aid of a man he identified simply as a federal officer, he exposed the films.

Doyle Admits the Battery

Testifying in his own defense, Doyle admitted the seizure and excused it on the ground that “I didn’t want my picture published to help Communist beef squads identify me.” He even went so far as to say that he had grabbed Besig and put a hammerlock on him. On the other hand, Doyle denied that he had pulled off Besig’s glasses and threatened to punch him. He also denied that he had declared, in the presence of Police Captain Moore, that “We're going to get you, and one of these days we’re going down to your organization and take it apart to see what makes it tick.” Captain Moore, Doyle’s only witness besides himself, denied that the statement had been made in his presence.

Other witnesses against Doyle were Lola Lebow Kaider, who took two pictures, one showing Doyle holding Besig’s glasses and camera, and the other showing him exposing the films; and, Carl Bergmark, formerly. photographer with the San Francisco News. It will be remembered that Doyle attacked Bergmark at the same demonstration, after the latter had taken a picture of Doyle and his confederate exposing Besig’s films. For- tunately, a San Francisco Chronicle cameraman was on hand to take a picture of Doyle assaulting Bergmark. All four photographs were introduced into evidence. Evaded Service of Warrant Doyle, who had evaded service of the warrant of arrest for more than a year, finally surrendered himself to the police on September 12 when he was faced with the prospect of being arrested upon attending the Bridges hearing. He was reieased on $25 bail.

Doyle claims that at the present time he is a practicing attorney in Lamberton, Minn., and Chicago, Ill.

8 C.S. PARDON APPLICATIONS NOW BEFORE GOVERNOR OLSON

A pardon application on behalf of Ivan Barnes, 48, of Portland, Oregon, has been filed with Governor Olson by the A.C.L.U. during the past month. Barnes was convicted on criminal syndicalism charges in Plumas County because of membership in the I.W.W. on October 27, 1923.

The latest application brings to eight the total number of pardon applications for C. S. victims pending before Gov. Culbert L. Olson. The Advisory Pardon Board, to which such applications are first referred, is expected to take some action thereon within the next couple months. —

GUILTY!

STANLEY M. (Larry) DOYLE BATTERY

C. P. Supporters Assault Pickets

Repercussions of the Nazi-Soviet pacts were felt in San Francisco on September 22nd when persons picketing a Communist Party meeting were assaulted by Communist supporters and their anti-Communist literature destroyed. The A.C.L.U. sent the following protest to Frank Spector, County Organizer of the Communist Party:

We have received reports that members of the Socialist Party and the Socialist Workers’ Party, who picketed and distributed their literature in the vicinity of Eagles Hall, 273 Golden Gate Ave., San Francisco, where the Communist Party conducted a meeting last Friday evening, September 22nd, were assaulted by persons attending such meeting, their literature destroyed, and Henrich Anderson, one of the pickets, beaten and kicked badly enough to require medical attention at the Emergency Hospital. Margo Skinner, Mr. Anderson’s companion, was manhandled. The literature that was destroyed, we understand, dealt with the recent Nazi-Soviet agreements.

We can view the foregoing infringements on the rights of peaceful assemblage and freedom of speech and press no differently than we have viewed interferences with such rights of other groups, including your own. Vigilantism and violations of peaceful picketing cannot be supported, and your | own organization, which is so often the vic- tim of such acts, should be the first to repudiate them when they are engaged in by your own followers. Consequently, we want to register our strong protest at the conduct of your supporters, and request your assurances that the discipline of the Communist Party will be exerted against a repetition of such acts.

Communist Party Replies

Upon receiving the foregoing protest, the San Francisco County Executive Board of the Communist Party, by Frank Spector, its Executive Secretary, immediately denied all responsibility for what took place. His reply follows:

“We have yours of Sept. 26th. The Mission Peoples Forum—the group that was in charge of arrangements of the meeting you referred to—advises us that their only knowledge of the matter is the fact that upon their request the S. F. Police Dept. supplied an officer to assist the committee in keeping the sidewalk and passage to the. hall clear so that there would be no repetition of the scandalous spectacles in certain other similar gatherings wherein hoodlums in the guise of “literature peddlers’ would crowd-up the sidewalk and by their provocative conduct aimed to interfere and break up peaceful meetings,

“Under no circumstances can our organization take the slightest responsibility for whatever happens to persons whose actions (Continued on Page 4, Gol. 2)

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Nine Opportunities To Hear Roger Baldwin | Speak, Nov. 5-12

Roger N. Baldwin’s speaking program during his visit to the bay area from November 5 to 12 has just been completed. The schedule of nine meetings appears at the end of this brief story.

We would call the attention of our members and friends particularly to three en- gagements. For those who reside in San Francisco, we would especially urge attendance at the luncheon meeting on Monday, November 6. A big evening dinner meeting will.be held:Monday evening, November 6, at the International House,. Berkeley. We hope our East Bay membership-will turn out in a body to weleome Mr. Baldwin. Finally, for those who live down the peninsula, we would suggest attendance at the World Problem Club dinner at Palo Alto.

Further details about the Roger Baldwin meetings will be published in the November issue of the A.C.L.U. News.

The Program — Nov.. 5—Sunday evening, International House, Berkeley. Supper program, 6 p. m. Attendance limited to International House members.

Nov. 6—Monday noon, luncheon meeting A.C.L.U. Executive Committee, San Francisco. Members and friends of the

. Union invited. Visitors welcome after lunch is served.

Nov. 6 — Monday. evening, 6:15 p. m. A.C.L.U. dinner meeting, International House, Piedmont and Bancroft, Berkeley. Dinner, 85c plate. Members and friends invited.

Nov. 7 — Tuesday evening, 8:00 p. m., ’ School of Social: Studies Forum, Century Club of California, 1855 Franklin St. (at Sutter), San Francisco. Subject: Civil Liberties in American Cities. Admission for persons not members of

forum, $1.00.

Nov. 8—Wednesday afternoon, 2:30 p. m.,

San Francisco Center, California Lea

. gue of Women Voters. Italian Room, St. Francis Hotel, San Francisco. Admission by card; guests, 55c.

Nov. 8—Wednesday evening, 3:15 p. m., — School For Jewish Studies Forum, 3061 Clay St., San Francisco. Subject: One Hundred and Fifty Years of the Bill of Rights. Admission for guests, 50c.

Nov. 9—Thursday evening, the Oakland . Forum. Admission charge.

Nov. 10 — Friday evening, dinner meeting ‘ World Problem Club, Parish House, All Saints Episcopal Church, Hamilton Avenue and Waverley Street, Palo Alto. Dinner, 60c. Everyone welcome. Visitors may attend after dinner.

Nov. 12—Sunday afternoon, 4:00 p. m. Tea at the home of Harry Kingman, Berkeley. Attendance by invitation only.

ONE HUNDRED AND FIFTIETH ANNIVERSARY OF SUBMISSION OF BILL OF RIGHTS TO STATES

|. Back on July 31, 1788, Thomas Jefferson wrote to Madison as follows: “I sin- cerely rejoice at the acceptance of our new constitution by nine States. It is a good canvas on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights.”

One hundred and fifty years ago, on September 25, 1789, the first ten amendments to the Constitution (the Bill of Rights) was proposed to the several states by resolution of the first Congress. Two years later, on December 15, 1791, the required three- fourths of the States had ratified the amendments. During the past year, three of the original states, Massachusetts, Connecticut and Georgia, took belated action.

The National Labor Relations Board on September 15 petitioned the Ninth Circuit ‘Court of Appeals, San Francisco, to adjudge The Red River Lumber Co., Westwood, California, in contempt of court.

The Board also asked the Court to effectuate its decree of February 6, 1989, up- holding a Board order, based upon a stipulation, issued on December 13, 1938. The Board order followed a riot instigated by the corporation during July, 1938, when several hundred CIO workers and members of their families were evicted from their homes and driven out of the settlement of Westwood.

The Board’s petition is supported by affidavits from a large number of eye-wit- nesses, by photographs taken by newspaper photographers and private individuals as well as by stills from a moving picture film. These photographs show company officials leading the mob which, on July 13, 1938, drove IWA members out, of the settlement of Westwood.

Company Ignores Court Decree

The Board stated in its petition that at various times, between February 6 and May 1, 1939, the lumber corporation, which dominates the civic administration of Westwood, a town composed largely of its 2,000 employees, refused to comply with the Court’s decree ordering it to ‘make every reasonable effort and exercise due diligence to discourage and deter breaches of the peace or invasions of the civil rights of its employees, or members of their families’’ committed upon them because of their union affiliation or activity. The company also failed to prevent its supervisory employees from influencing its employees against union activity.

The Board’s petition further asserted that the corporation had refused to abide by the Court’s decree requiring it to stop discouraging membership in the CIO’s International Woodworkers of America or encouraging membership in the AFL’s Brotherhood of Carpenters and Joiners; and to stop instigating vigilante or other groups for the purpose of breaking strikes and destroying labor unions.

-Ags late as August 1, 1939, the Board stated, the corporation discharged Alex‘ander Kougianos because he joined the IWA. Earlier, on April 27, Albert A. Payne was likewise discharged. The company also refused to rehire with back pay Earl Yorton, one of approximately 40 employees the corporation had agreed to reinstate under the stipulated order of December 13, 1938. :

* Company Encouraged Violence

Meanwhile, on several occasions, between February 6 and May 1, the corporation en- couraged disorderly crowds of employees, company officials and members of the AFL’s Brotherhood of Carpenters and Joiners, to gather within the community and violently threaten the persons and property of IWA members and their families, both while they were at union meetings and elsewhere.

On March 1, 1939, a mob composed largely of AFL members, chased two [WA members through town. S. W. MacDonald, deputy sheriff of Lassen County and also town constable, intercepted them and held them until the mob approached. He then turned them loose, telling them to get off the streets. This they tried to do by jumping into a moving automobile, whereupon MacDonald himself joined in pursuit of the union men. MacDonald is manager of the corporation’s industrial relations department. He is aided by a corps of 26 deputy sheriffs and deputy constables, all employees of the corporation, including its secretary and chief of the auditing department. The town constable, an elective official, was placed on the company’s payroll for the purpose of controlling the perform

Renewed Westwood Vigilantism Charged To Lumber Company

ance of his duties. On one occasion, when the constable attempted to disperse a mob threatening IWA members, MacDonald urged the mob to continue its activity, which the mob did.

IWA Headquarters Demolished

On March 2, another mob, composed of Brotherhood members and led in part by foremen of the company, imprisoned about 40 IWA members in the union’s headquarters and beat them as they attempted to

leave for their homes. Manager MacDonald and Superintendent Parker were present during this activity. The mob cut the telephone wires to prevent communication to the Governor of California, and as the IWA men finally left the building the mob again attacked, damaging the vehicles of IWA members who were transporting the imprisoned men. Later the mob turned to the IWA headquarters, and after demolishing it stole the National colors displayed above it, as well as other printing equipment, books, records, and union correspondence.

Neither the corporation nor any of its agents made any arrests, nor gave any in- formation leading to the arrests of any member of the mobs, although the participants in the violence were well known to ‘company officials, the Board stated. However, two IWA men were arrested without apparent justification.

The Court’s Decree

The decree which the Court entered on February 6, 1939, directed the corporation as follows:

To stop discouraging membership in the Lumber and Sawmill Workers’ Local Union No. 58, International Woodworkers of America (CIO), or encouraging member— ship in Lumber and Sawmill Workers’ Local 2836, United Brotherhood of Carpenters and Joiners (AFL), or any other labor organization of its employees;

To stop dominating or interfering with the formation or administration of Local 1, District 14, of the Industrial Employees’ Union, Inc., successor to a local of the 4 L's; x

To stop instigating formation of vigilante or other groups among business men or general public of Westwood for the purpose of breaking a strike of any labor or- ganization of its employees, dispersing picket lines, driving union members out of town, or destroying unions; ©

To require that its supervisory officials refrain from influencing the employees with regard to their union activity ;

To stop threatening its employees not to join labor organizations ;

To stop favoring one labor union over another by granting the use of company property and equipment;

To refuse to enter into any closed shop contract with a labor organization, composed of a minority of its workers, which it has helped to form. :

Attention! Minimum Dues Now $2 a Year

The Executive Committee of the local branch of the Union has voted to make changes in the regular dues schedule. The dollar dues for.unemployed and students has been retained, but hereafter the minimum dues for all others will be $2 a year.

At the present time, almost 200 of our 589 paid-up members and supporters are credited with dollar dues payments. We trust that when their renewals become due we may count on their support of the new membership rate. .

Incidentally, the Committee felt that increased dues. were necessary in order to prevent the branch from getting into financial difficulties,

FIFTH ANNIVERSARY FOR LOCAL BRANCH OF A.C.L.U.

The Northern California Branch of the A.C.L.U. marked its fifth birthday on September 14. The occasion serves to remind us again how the local branch came into being.

Following the outburst of vigilante terrorism that followed on the heels of the general strike, the New York office sent Chester S. Williams and Ernest Besig from Los Angeles to San Francisco on August 1, 1934. They organized protests against the raids and instituted investigations which resulted in successful civil suits against mu- nicipalities for damages committed by the vigilantes.

Seeing the need for more than emergency work in this area, Chester S. Williams, with the financial backing of the New York office, organized the local branch of the Union. At the outset, Dr. Charles A. Hogan became Chairman of the Executive Committee, and he has held that position ever since.

“Mr. Williams carried on as Organizing Director until January 1, 1935, at which time Dr. George P. Hedley took over. The present director, Ernest Besig, assumed charge on June 23, 1935.

The history of the Union in Northern California, however, goes back to the summer of 1926, when Roger N. Baldwin, national director of the A.C.L.U., visited San Francisco. A local committee was formed, but financial difficulties compelled a suspension of operations in the fall of 1927.

Until the 1934 reorganization, Attorney Austin Lewis, with the support of a few devoted friends, carried on a single-handed fight in the defense of civil liberties in this area.

Gag Law Enforced Against W. P. A. Workers

Under the terms of the Emergency Relief Appropriation Act of 1939, which prohibits the payment of compensation after September 30, 1939, from funds appropriated under the Act to any person who advocates, or who is a member of an organization that advocates the overthrow of the Government of the United States by force or violence, all employees of the Works Projects Administration throughout the country have been required to sign certificates that they will not advocate the overthrow of the government or join an organization which does so. Some persons have signed the forms under protest. A very few who refused to sign the certificates have already had their employment terminated.

Opposing this gag amendment to the Appropriations Act in Congress, the A.C.L.U. pointed out that, “The long history of statutes making crimes out of opinion testify eloquently to the misuse to which such a well-intentioned regulation may be put. It will inevitably have the effect of creating an: inquisition into the political views of "persons employed in these services to determine what doctrines they do advocate and whether any of them fall within this prohibition. It is quite unlikely that anyone will be discovered who admits advocating such doctrines, and the net effect there- fore would be a mere gesture without practical result. It would, however, have the un- fortunate effect of creating a political inquisition in the government service.’

LaFOLLETTE COMMITTEE OPENS HEADQUARTERS IN SAN FRANCISCO

The LaFollette Civil Liberties Committee is scheduled to open hearings in San Fran- cisco following the special session of Congress. In the meantime, Henry H. Fowler, counsel for the committee, has established headquarters in San Francisco for his staff of 25 persons. Until recently, Mr. Fowler was assistant general counsel for the Ten- nessee Valley Authority. Chief subject of the hearings will be the activities = the Associated Farmers.

I ranco Ban porte s Oppose

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Citizenship For Loyalist

v Three supporters of General Francisco Franco opposed the citizenship application of Esteban Aguirre, Loyalist adherent, before Naturalization Examiner Stanley Johnston in San Francisco on September 14. Two of the witnesses were themselves aliens, and one of the two had never before seen Mr. Aguirre. The other merely knew him to pass the time of day. Chief complaint of all three was that he belonged to Accion Democrata Espanola, which raised money to aid the widows and orphans of Republican Spain, and, hence, was Communistic—to a Francoite. Thus, after almost two years delay, the Govern- ment finally concluded its investigation and put on its flimsy case against Esteban Aguirre, native of Spain, but resident of the United States for more than 30 years.

Society Aids Spain Refugees

Mr. Aguirre does not deny that he belongs to the society. In fact, he’s proud of his membership and the $1 a month which he contributes. What’s more, the money that was collected was delivered to the accredited Spanish Ambassador in Washingtion. Now, the monies are being used to help the unfortunate Republican refugees in France. What’s un-American about that? Hasn’t even ex-President Hoover “‘adopted”’ a Spanish orphan?

Victor Dextre, a shop keeper at 1405 Mason Street, San Francisco, and the alien witness who merely knows Mr. Aguirre by sight, testified also that he had talked to two or three people about Aguirre, and the concensus of opinion was that he was a ‘“radical.”? Of course, it was impossible to determine why he was a radical. And the two or three people who conveyed that opinion to the witness, the latter refused to disclose. Perhaps they, too, were Francoites.

Priest Testifies Against Loyalist |

The other alien witness, a priest, had never met Mr. Aguirre. He testified merely that he had attended a public meeting sponsored by pro-Loyalist groups, among them Accion Democrata Espanola, and that as a supporter of Franco he sought to answer the principal speaker, also a priest, but was pushed out of the hall.

The final witness was Marcos Gracia, former honorary vice-consul of Spain, a nature alized citizen and practicing attorney. Gracia insisted that Aguirre had the repu- tation of being a “strong radical,” and that “his philosophy and his way of thinking do not show attachment for the Constitution of the United States.” After considerable cross-questioning, Mr. Gracia admitted that he too favored the Franco side in the Span- ish war.

Accused of Giving Loyalist Salute

Mr. Gracia’s opinion of Mr. Aguirre was based chiefly on eavesdropping; seeing him attend meetings (which he also attended), particularly Accion Democrata Espanola, which “has a general reputation of being radical,” and the alleged radical character of his companions. Two incidents seemed especially damning to fascist-minded Mr. Gracia. First, he had seen Mr. Aguirre give the clenched fist salute at a pro-Loyalist meeting. Mr. Gracia was reluctant to admit that while this was the Communist salute, it was also used by the Loyalist forces and sympathizers during the war.

But, in the second place, he chanced upon Mr. Aguirre in a bar. Mr. Aguirre was seated at a table singing “the Communist song, ‘No Pasaran.’”’ Needless to add, this was one of the Loyalist songs during the war.

All Loyalists Reds To Witness

One can only conclude from the testimony of Mr. Gracia that all Loyalist supporters are either Communists, Trotskyites or Anarchists, and, therefore, by associating with such men, Mr. Aguirre not only became a radical, but a person unfitted for citizenship.

Once the testimony of these witnesses is transcribed—and it may be a long process, because the stenographer suffered the dual handicap of broken English and lack of speed, another hearing will be held at which Mr. Aguirre will be given the opportunity of calling witnesses to answer the Francoites. The Naturalization Examiner indicated that when the case is submitted to the court for a decision he will make no recommendation.

Mr. Aguirre was represented by Attar ney Philip Adams of San Francisco, and Ernest Besig.

HISTORY OF MIGRATORY WORKERS WRITTEN BY CIVIL LIBERTARIAN

“Factories In the Field’? by Carey McWilliams is a factual account of the exploi- tation and oppression of the underprivileged migratory workers in the agricultural regions of California from the early days of the Dons to the days of the Dust Bowl immigrants.

Because it is an accurate chronicle of the whole sordid process of land monopoliza° tion by corporate interests and feudalistic land brigands it reveals the fradulent and violent means by which much of our farming land was acquired and has been con- centrated in the hands of a privileged few.

It sheds much light upon the vicious methods by which cheap farm labor has been recruited from the ranks of the poverty stricken and racial minority groups. It discloses the causative factors of the “vigilantism” that sporadically rears its repulsive head in our farming areas. It explains why civil liberties are so frequently sacrificed and the bill of rights trampled under foot in the service of a tyrannical system that reduces workers in the fields to the status of peons by a ruthless deprival of civil rights and economic benefits. In exposing an unhealthy farm profit system in detail this book must be deemed an indictment not only of the lawless land barons, their agents and the corrupt government officials who serve their interests but of the faulty economic system that breeds these evils.

As a critical survey of the aa social problems of migratory workers ‘Factories In The Field” is an important contribution to the meager literature on this subject. It is not propaganda—it is history—and it ought to be read by every person who cherishes civil liberties and is interested in the plight of our unfortunate migrants.

NEW TEST CASES ON LOS ANGELES PICKETING ORDINANCE

In a test case designed to nullify sections of the Los Angeles anti-picketing ordinance not declared unconstitutional in a recent court decision, six picketing members of . the International Longshoremen and Warehousemen’s Union have been found guilty of technical violation of the ordinance. The case was immediately appealed to the Ap- pellate Court by attorneys for the C.LO; union and the Southern California branch of the Civil Liberties Union.

Provisions of the ordinance to be tested include a restriction on the size and word- ing of placards, a ban on pickets speaking. out on the picket line and a limit on the number of pickets. Attorneys for the A.C.L.U. and the union contend that the first section constitutes a curb on freedom of the press, the second interferes with free speech and the third destroys effective picketing.

The Appellate Department of the Los Angeles Superior Court recently invalidated two major sections of the ordinance: confining picketing to so-called ‘‘bona-fide” strikes, and prohibiting picketing Zk by ‘“bonafide” employees.

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American Civil Liberties Union News

Pubiished 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.

2 Civil Liberties Broadcast From N. Y. On Oct. 13

In tribute to the three outstanding public men who have done most for civil rights in recent years, a dinner opening a two-day National Conference on Civil Liberties, un- der-the sponsorship of a distinguished committee headed by William Allen White, will be held at the Hotel Biltmore in New York on Friday, October 13. Representatives of organizations from all parts of the nation will participate in the Conference, organ- ized by the American Civil Liberties Union.

The dinner on October 13 will be in honor of Attorney General Frank Murphy, for having created the Civil Liberties Unit in the Department of Justice; Senator Robert A. Wagner of New York, author of the National Labor Relations Act; and Senator Robert M. LaFollette, for the past two years chairman of the Senate Committee on Civil Liberties. Addresses by Mr. Murphy and Senator Wagner will be broadcast from the dinner over the coast-to-coast Blue Network of the National Broadcasting Company.

Panel Sessions Scheduled |

Panel sessions on various phases of civil liberties, led by outstanding authorities, will be conducted at the Hotel Biltmore on Saturday, October 14. A luncheon program devoted to pressing issues will be addressed by Chairman J. Warren, Madden of the National Labor Relations Board and others.

The National Conference. is expected to inventory the present status of civil rights in the United States 150 years after the submission of the Bill of Rights to the states. The conference takes the place of a Sesquicentennial celebration originally planned by the American Civil Liberties Union for last March 4th.

The national committee of sponsors, headed by William Allen White, of Emporia, Kansas; Col. William J. Donovan, of New York; and Miss Mary E. Woolley, former president of Mt. Holyoke College, includes the following:

Sponsors Include Alf. M. Landon

Secretary of the Interior Harold Ickes, Secretary of Agriculture Henry A. Wallace, Attorney General Frank Murphy, Mrs. Eleanor Roosevelt, Governor Everett Saltonstall of Massachusetts, Governor Culbert L. Olson of California, Lieutenant Governor Charles Poletti of New York, Senator Elbert D. Thomas of Utah, Rep. Bruce Barton, Alf M. Landon, District Attorney Thomas E. Dewey of New York, Mrs. Louis D. Brandeis, Walter J. Damrosch, Pres. Frank Porter Graham of University of North Carolina.

Robert M. Hutchins Listed

Also, President Robert M. Hutchins of the University of Chicago, President William Allen Neilson of Smith College, George Fort Milton of Chatanooga, Rep. Caroline O’Day of New York; Theodore Roosevelt, Jr., Oswald Garrison Villard, James KE. West, head of the Boy Scouts of America; Car! Sandburg, Msgr. John A. Ryan, Mayor Maury Maverick of San Antonio, Rupert Hughes, Stanley High, Arthur Garfield Hays, Rev. Endicott Peabody of Groton, Prof. Harry A. Overstreet, Morris L. Ernst, Maxwell Anderson, Thomas Benton, Ar- thur Byron, Joseph Cadden, executive secretary of American Youth Congress; Prof. Edward S. Corwin of Princeton, Sherwood Eddy, Prof. Henry Pratt Fairchild of New York University, Prof. Rufus M. Jones of Haverford College, Prof. Robert S. Lynd of Columbia.

Ray Lyman Wilbur Supports Conference Also, Bishop Francis J. McConnell, J. Warren Madden, chairman of the N.L.R.B.;

Union ‘Again Requests Dies Hearing To Answer Charges

A charge by Representative Thomas of the House Committee on un-American Activities that the Civil Liberties Union is among the liberal groups described as Communist “fronts” at hearings in Washington last week was answered by the Union in a telegram to Rhea Whitley, Dies Committee counsel, emphatically denying any connections ‘‘direct or indirect’? between the A.C.L.U. and the Communist Party. At the same time Arthur Garfield Hays, Union counsel, repeated his request for a hearing before the Dies Committee.

On four previous occasions in the past year, the A.C.L.U. has demanded an opportunity to answer unfounded charges of political partisanship and alleged connections with the Communist Party. Although the Union has several times been attacked by witnesses and members of the Congressional committee, neither Mr. Dies nor Mr. Whitley have indicated when, if ever, the Union’s representatives will be called to testify. en C.P. Not Active In A.C.L.U.

In a statement commenting on recent testimony before the committee, Mr. Hays declared:

“The reports of the testimony of Earl Browder, Secretary of the Communist Party, concerning organizations in which Communists are active, included the A.C.L.U. Evidently the Union was lumped with a number of other organizations in which Communists may be properly said to be active. They are not and never have been active in the A.C.L:U. There are no connections direct or indirect between the Union and the Communist Party except in defense of their civil rights on precisely the same basis as all others.”

Denying that he had mentioned the Union in his testimony before the Dies Committee, Mr. Browder declared in a telegram tocthe 2. C. L. G. that press reports of the hearings had been “distorted” to make it appear that the organization was one of the “‘transmission belts’ for the Communist Party. The telegram was in response to a request by Roger N. Baldwin, Union director, for Browder’s “‘precise reference if any to the Union.”’

Browder Explains Testimony The text of the Browder telegram follows: “I did not mention the name of the Civil Liberties Union in my testimony before the Dies Committee. In answer to the question ‘What do Communists understand by ‘“‘transmission belts to masses.’’’ I answered that we understand any and every organization which contains mass member-ship or which has connections with the. masses, or which holds any aims which are also supported by the Communist Party.

“T explained that such organizations may or may not contain Communists in their ranks, and that in very few cases indeed are Communists in a majority of the membership or leadership. I named as chief: examples, trade unions of all kinds, peace organizations including the American League for Peace and Democracy, et cetera, also churches. :

Claims Testimony Distorted

‘Representative Thomas then read a long list of organizations including the name of the Civil Liberties Union and asked if these came under my definition. I could of course answer only in the affirmative, while again stressing that all the organizations named © have no relations with the Communist Party as such, are not responsible for Communist views or activities any more than they are of Republicans, Democrats or Socialists, all of whom also are active in or around mass organizations as a field for propagation of their views. The same can be said of Con— gress itself.

“I assure you that I am in no way responsible for the distortion of the hearings in the public press.”

C. P. SUPPORTERS ASSAULT PICKETS

I described.

“Tt is obviously needless to assure you, Mr. Besig, that we fully share your view on vigilantism, considering the well known fact that.our organization is among the chief sufferers from this blight as it is among the uncompromising fighters against 1b.

A.C.L.U. Comments

In view of the foregoing response, it should be noted that the Communist Party has recently found it expedient to rent San Francisco auditoriums under another name, otherwise it would be denied the use of private halls. Also, the meeting in question was called to hear the Communist Party vice-presidential candidate at the last na- tional election, Mr. Ford.

Moreover, there is no evidence that the “literature peddlers’ conducted themselves in an unseemly manner, nor did they block the entrance to the hall. In fact, the two Socialists stationed themselves at a street corner approach to Eagles Hall. Since the pickets did not conduct themselves in the manner described by Mr. Spector, we believe the Communist Party should assume responsibility for the vigilantism that occurred.

(Continued from Page 1, Col. 3) es /

Socialist Party Statement

The A.C.L.U. is also in receipt of a communication from the Socialist Party, signed by Jean Knox, Secretary, advising us that the following statement was unanimously adopted at a meeting of the San Francisco local at a meeting on Wednesday evening, September 27, 1939:

“The Communist Party, though it has long given lip service to democracy and the democratic methods of free speech, free press and free assemblage, has again dem- onstrated its unwillingness to follow the democratic method itself. No amount of rationalization will explain away the fact that a group of about eight Communists set . upon and beat up two members of the Young Peoples’ Socialist League who were . peaceably passing out literature. These young Socialists were standing on a corner a half block away from a meeting called by the Communist Party (many people received personal invitations from the Communist Party), and the two certainly could not be accused of blocking traffic on the sidewalk.

“That this is no isolated instance is demonstrated by the fact that we have received reports of similar hoodlumism from other parts of the country.”

Rabbi Abba Hillel Silver of Cleveland, Walter White, secretary of the National Asso- ciation for the Advancement of Colored People; A. F. Whitney, president of Brotherhood of Railway Trainmen; Ray Lyman Wilbur, president of Stanford University; John W. Studebaker, U. S. Commissioner of Education; Newbold Morris, president of the Council of the City of New York, and President Mordecai W. Johnson of Howard University.

Conscience in Wartime, by Lucille B. Milner and Groff Conklin, which appears in the October issue of Harpers. Magazine, relates the story of conscientious objectors in the United States, particularly during

World War I, and also raises the question, “What about the conscientious objectors of the next war?’ Lucille B. Miller has been Secretary of the A.C.L.U. since founded in 1920, it was