vol. 5, no. 1

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, JANUARY, 1940 No. 1

DEPORTATION FOR OAKIES

Aiding Fellow Migrants To Enter. State Becomes Deportable Offense

The Oakies and other dust-bowlers are being deported from California.

In Tulare and Kings County welfare authorities and district attorneys, without fanfare, are prosecuting anyone who assists an indigent person in entering the State, under an obscure California law which makes such an act a misdemeanor. Under threat of imprisonment, such persons are generally compelled to return the migrants to their former homes.

During the past couple of months, we are informed about a score of cases have arisen. The A.C.L.U. has announced that it will be glad to defend persons convicted under the law and to test the constitutionality of the statute.

The law in question is Section 2615 of t the California Welfare and Institutions - Code. it reads as follows: ‘Every person, firm or corporation, or officer or agent thereof that brings or assists in bringing into the State any indigent person who is not a resident of the state, knowing him to be an indigent person, is guilty of a misde- meanor.”’ The law remained a dead letter after its enactment in May, 1938, until it was resurrected a couple of months ago.

Border Patrol

It may be recalled that in February, 1936, the city of Los Angeles established a border patrol on the ‘frontiers’ of California for a short time, but hastily abandoned the idea in the face of legal action and widespread protests. Then, at the 1937 session of the Legislature a “‘Border Patrol bill,’’ designed to exclude indigents, passed the Assembly only to be defeated in the Senate. And, at the 1939 session of the Legislature a similar bill failed in Committee after Governor Olson voiced his opposition thereto.

The border patrol idea ponent bar indigents from entering the State in the face of every person’s right to travel from state to state. Under the statute in question, in- digents may enter, but anyone assisting them in performing a legal act is guilty of a misdemeanor, and, as a practical matter, the exclusion of the indigents is effected by requiring the culprit to return the indigents to their home state.

Let us cite several examples:

1. Paul Cook came to California from Oklahoma with his wife and child on September 20, 1989. Accompanying them was a widow, Mrs. Lela Benge, and her six children ranging in age from 11 years to 1 year. Mrs. Benge paid $39 to Cook for her part of the costs of transportation. Cook was arrested in Farmersville, Tulare County, for assisting Mrs. Benge and her children to enter the State. He was given a summary hearing on December 16, found guilty, and a six months sentence suspended on condition that all involved leave California by Christmas. Incidentally, both families had been planning to return to Oakland, so the criminal action merely stimulated their intention.

Convicted For Aiding Sister

2. Two brothers, Lawrence D. and William K. Jones, both married, were convicted under the statute and given the alernative of 5 serving six months in jail for aiding their sister, Mrs. Minnie Atkins and her six chil(Continued on Page 4, Col. 1)

UNION PAYS TRIBUTE TO HEYWOOD BROUN FOR LONG SERVICE

Upon the death of Heywood Broun, the board of directors of the Civil Liberties Union adopted the following resolution:

“The American Civil Liberties Union expresses its profound sympathy with the family of Heywood Broun in his untimely death and its warmest appreciation of his long service to the cause of civil liberty in his many public: activities. The Board counts it a privilege to have had his membership in recent years on the Union’s National Committee and his active cooperation in many of its tasks.”’

A.C. L. U. Financial Statement for 1939

The following statement indicates how your money was spent during the calendar year 1939:

Income On hand Jan. I, 1939.$ 281.21 General Receipts ........ 3,827.81* Total Income ........ $4,109.02 $4, 109. 02* Expenditures Salaries 2 $1,875.00 Printing and Stationery.. 668.32 Rent 2 330.00 Postage 2 299.93 el and TN 82.12 ‘Eraveling = 69.84 Kuro, HouIp. 55.00 Miscellaneous ........... 56.51 tLARCS 62.22 Total Expense ........ $3,498.94 On Hand, Jan. 1, 1940 $ 610.08* “These figures may be increased slightly by last-minute income received after we go to press.

days to get out of town or No. 1

Citizenship Denied Former Reader of Radical Paper

Because more than seven years ago George Bogunovich subscribed to the Croatian newspaper ‘‘Radnik,’” organ of the Communist Party, he was denied citizenship by Superior Judge James in San Jose on December 21. At the same time, the court granted citizenship to Mary Bogunovich, his American born wife, who lost her citizenship when she married the alien in 1920. The court, however, did so reluctantly, although the only evidence against her was that she was married to a man who once read a Communist foreignlanguage newspaper.

George Bogunovich is 48 years of age. He came to this country from what was ‘ouce Austria but is now yYugosiavia, on July 29, 1909. He has lived in Cupertino, Cali- fornia, since 1918, and besides his wife he has a daughter who is almost 12. Boguno- vich is employed as an agricultural laborer — at a wage of 35c an hour.

No evidence was introduced in the record that at any time during the past seven years the alien was in any way connected with a radical organization, even to the extent of reading radical literature. In fact, seven witnesses were ready. to testify that he was attached to the principles of the Constitution and would make a good citi- zen.

The naturalization examiner also sought to show that more than seven years ago the alien had received two radical pamphlets written in Croatian, namely, ‘The Road to Emancipation,” and ‘“‘Defend the Soviet Union,’’ but neither pamphlet was admitted into evidence, because the alien had no recollection of ever having seen them before. |

The bias of the Examiner may be indicated from the fact that he at one time ob- jected to the alien being represented by George R. Anderson, San Francisco attorney, because “‘he is a known Communist.” Of course, he recommended that the alien be denied citizenship, and Judge James in following the recommendation insisted that the alien was ineligible because he had subscribed to and read the Communist paper.

At the hearing on December 21, Mr. Bogunovich was represented by Joseph F. DiMaria of San Jose and George Anderson of San Francisco. The A.C.L.U., through its own attorneys, is considering an appeal.

1940 USHERED IN WITH RECORD | BREAKING PAID-UP MEMBERSHIP

The end of the year, 1939, finds the A.C.L.U. with the largest membership in its more than 5-year history. Despite numerous expirations during the past two months, paid - up membersips total 622. May we, notwithstanding, repeat an old cry? “lf you’re on our ‘delinquent list, won’t you please send in wyour renewal without further delay?”

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Pennsylvania Alien Registration Held Unconstitutional

In an important victory for the civil rights of aliens, the U. S. Circuit Court at Scranton recently handed down a far-reaching decision declaring Pennsylvania’s alien reg— istration law a violation of the Federal Constitution. A brief as friend of the court submitted by the American Civil Liberties Union and signed by Arthur Garfield Hays, Union general counsel, figured prominently in the test case. The law, enacted last June, was to go into effect on December Ist. It provided that all aliens 18 years or over, with a few -exemptions, must register with the State Department of Labor and Industry and must carry identification cards. As a result of the decision, State Attorney General Reno declared he would not attempt to enforce the law.

“In our opinion,” the Circuit Court ruled, “the act is far more than a census statute. It places conditions upon the right of an alien to reside in Pennsylvania. Since the act impairs the right of the non-exempt alien to reside within the Commonwealth of Pennsylvania, the Commonwealth having legislated in a field (citizenship) reserved for the Federal Government, the classification of the act is unwarranted as it is unreasonable and the alien is there by deprived of equal protection of the laws guaranteed to him by Section 1 of the Fourteenth Amendment.”

The suit to enjoin state officials from enforcing the law was brought in behalf of Bernard Davidowitz, a citizen, and Vincent Travagliana, an alien, both of Philadel- phia. The Civil Liberties Union brief held that under the law aliens would have to live under a ‘“‘passport system” and be compelled to remain ‘visiting foreigners.” “While the act appears to affect only the -vights of aliens-residing in Pennsylvania, the Union believes that the act can not be | enforced without violating also the civil and constitutional rights of all residents of the Commonwealth and of non-residents who enter Pennsylvania,” Mr. Hays contended in his. brief. “The statute is an en- croachment upon powers which the Constitution vests exclusively in the United States, and violates the due process and equal protection clauses of the Fourteenth Amend- ment.”

A bill similar to the Pennsylvania law, introduced by Republican Senate Majority — Leader Arthur F. Foran, passed the New Jersey Senate recently but has not been ‘acted on by the Assembly. The New Jersey Civil Liberties Union vigorously attacked the measure. Invalidating of the Pennsylvania act is expected to doom the New Jersey bill.

Two alien registration bills pending in the U. S. Senate, introduced bySenators Reynolds and Stewart, are being fought by the Civil Liberties Union. The Reynolds bill, S. 409, was favorably reported from the Senate Immigration Committee and is pending on the Senate calendar. The measure provides that all aliens must carry identification papers and keep the government constantly notified of any change of address.

EVIDENCE BY WIRE-TAPPING BARRED BY SUPREME COURT

Use of evidence obtained either directly or indirectly from wire-tapping has been virtually outlawed in criminal cases by a U.S. Supreme Court decision in two recent cases.

The court ruled that evidence developed from clues obtained by tapping wires and evidence obtained by tapping telephone conversations taking place in intrastate state commerce can not rightfully be admitted in the criminal court.

The actiom was based upon a provision of the Federal Communications Act which bans intercep on of messages.

Nazis cause it was prohibitéd. Nevertheless, Rix, a seaman, with an “American-born wife and three-year-old

Erich Rix, 38-year-old uncompromising anti-Nazi and anti-Communist, faces deportation to Germany and possible death because it is alleged that upon entry into this country he concealed the fact that he had been convicted of crimes involving moral turpitude.

“Moral turpitude,” in this case, consisted of violation of the Food Laws prevailing in Germany’s inflationary period, which the amount of flour a family might have was limited to ten pounds. Rix was stopped by a policeman in Hamburg while carrying a ten-pound sack of flour under his arm. The policeman accompanied him to his home where two more ten-pound sacks were found. Thereupon Rix was taken to the station, interrogated by the officer in charge and then released. Some months later, during his absence a regis- tered letter came to his home containing a court order dated December 6, 1922, an- nouncing that he was guilty of theft and liable for a 3000 marks fine or service of a six-day jail sentence for possession of one ten-pound sack of flour, and 1500.marks fine or 3 days in jail for the second tenpound sack. Rix’ sister paid the 4500 marks fine and so advised her brother upon his return. On the date of the court’s order, the legal value of 4500 marks was a little less than 55c.

Bad Only Because It Was Prohibited

Rix’ 1922 “crime”? was not more serious than a parking violation in this country. Moreover, under German law, ten years after such an offense is committed the crime record is expunged and may not again be cited against the offender. There seems no basis for saying that ‘“‘moral turpitude” was involved in this offense which, in lawyers’ parlance, was bad only bechild, was arrested in San Francisco on November 19, 1939, and released on $1000 bail furnished by the Sailors’ Union of the

Bill to Abolish Presiden’t Power to Control Radio Pressed

Maintaining that freedom of the air is as essential as freedom of the press in wartime or during a national “emergency,” the American Civil Liberties Union will sponsor a bill in the next session of Congress apolishing the power of the President “to cause the closing ... or authorize the use or control of any broadcasting station?” under the terms of the Federal Communications Act.

The Act provides that the government may take over the radio upon proclama. tion by the President “‘that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States.”

The Civil Liberties Union takes the position that while the President may never take advantage of this authority in the Act, the presence of the provision on the books is “dangerous to freedom of expression.”’

On the other hand, the Union holds that there may be something to be said for regu- lation of international broadcasting stations in wartime. The Union’s affiliate, the Na- tional Council on Freedom frem Censorship, has just requested a hearing on the subject.

In a letter to James L. Fly, chairman of the Federal Commission, Quincy Howe, Council chairman, and Morris L. Ernst, counsel, wrote:

“We agree that the government might control shortwave broadcasts heard in for eign countries in time of war, but we are during

ek Deportation of fix to Germany

Pacific, of which he is a member. The Government’s contention is that Rix is de- portable because he has a record of two crimes involving moral turpitude.

Since no other agency could have supplied the information to the Immigration Service, the basis for the present charges must have been proffered by the Nazi government. No doubt the German authorities are eager to end Rix’ anti-Nazi agitation whieh he at one time carried on as Secretary of the German-American League for Culture, the sponsor of many pamphlets written by Rix.

Two Years In Concentration Camp

The further charge of treason is based on Rix’ seizure by Storm Troopers in 1933 and subsequent incarceration in a Concentration Camp for two years because he continued his trade-union activities in the International Transport Federation after Hitler had outlawed genuine labor unions. The Storm Troopers, making arrests without warrants and holding their victims indefinitely without producing them before a magistrate for trial, are a law unto themselves in Germany, and their extra-legal activities are comparable only to the illegalities committed by kidnapers, gangsters and vigilantes in this country.

A final hearing in the case was held before Immigrant Inspector Patrick Farrelly in San Francisco on December 22nd. Dr. Edgar Friede, a one-time magistrate of the court from which the original theft order issued, was called as a witness for Rix. Another emigre attorney came to Rix’s aid also by providing necessary German law books.

Inspector Farrelly will now make a rec| ay ommendation to Washington which willbe — considered by a so-called Board of Appeals.

In the last analysis, the final decision will come from the Secretary of Labor. Rix was represented by Albert Michelson, attorney for the Sailors’ Union of the Pacific.

not prepared to suggest precisely how that should be done. May we therefore request the Commission to conduct a hearing on that subject with a view to appropriate legislation or rules ?”’

“Maybe We Won't” .

Not quite 50 per cent of our membership, or 305 persons, have contributed or pledged $2,279.30 for the current fiscal year ending October 31, 1940. This is very encouraging because the response thus far is larger than it has ever been in any of our past budget drives.

We must still raise $1,720.70 in order to. fill our $4000 budget. No doubt most of this will come in in the form of membership renewals during the next ten months. But obviously we don’t know how many of the 314 supporters still unheard from will renew, or how much they will give. That leaves our income on a speculative basis that makes business-like operation rather difficult. Maybe we'll get enough to pay our bills, and maybe we won’t.

It’s the ‘maybe we won’t”’ that bothers us and should bother all who are interested in maintaining a strong branch of the A.C.L.U. in Northern California. Therefore, even if your membership expires sometime within the next ten months, we hope you’ll understand our financial problems and help us to solve them by making your contribution at the BEGINNING of the fiscal year, if you have not already done so.

Page 3

LET FREEDOM RING

Wanted! File and Typewriter

The A.C.L.U. recently received a gift of $35 from one of its faithful supporters for the purchase of an addressograph which has been sorely needed. The Union also needs another 4-drawer legal size steel file to supplement the one that is crammed with records, as well as a typewriter. “If by any chance you have a file or typewriter you do not need and would care to give it to the Union, please notify us.

S. F. Handbill Law Unconstitutional

The San Francisco anti-handbill ordinance has been declared unconstitutional by the Superior Court, on the basis of the recent U. S. Supreme Court decision in the three handbill cases.

The Civic Center Act In Berkeley

Attorney General Earl Warren has informed the Berkeley Board of Education that it is not his privilege or duty to advise it whether the Communist Party should be permitted the use of school buildings as meeting places under the State Civic Center Act. He suggested that advise in a local matter should come from the Board’s at-. 7 torney, District Attorney Ralph Hoyt of Alameda County. Consequently, a board member has requested school authorities to refer the next application to the Board.

The Dies Committee

The San Francisco Chapter of the National Lawyers’ Guild has issued a 48-page pamphlet on the Dies Committee entitled, “People of the United States of America vs. the Dies Committee.’”? Copies of the pamphlet can be secured through the A.C.L.U. office at 25c¢ per copy, including cost of mailing. The price at the office is 20c. '

C. S. Pardon Hearing

First pardon application in behalf of California criminal syndicalism victims to be acted upon by the Advisory Pardon Board will be that of Oscar Adolf Erickson of Fort Bragg. Erickson was convicted in the Imperial Valley cases in 1980. Date of the hearing is December 28, just too late to be reported in this issue of the A.C.L.U.NEWS.

25c for Alien and Sedition Pamphlets Six pamphlets covering the Alien and Sedition bills pending in Congress, including: “Shall Aliens Be Registered?” ‘Shall Aliens Who Cannot Be Deported Be Indefinitely Imprisoned?” ‘Shall We Have a Federal Sedition Act?” ‘Beat the Military Disaffection Bill!” “Shall Aliens Advocating Any Changes in Our Form of Government Be Deported?” and “Beat the Omnibus Bill!’ may be secured from the office at 5c a copy or 25c for the set.

Censorship!

The whole story of the censors of books, periodicals, stage, movies and radio is told in a vivid volume by Morris Ernst and his associate, Alexander Lindsley, under the title of “The Censor Marches On’”—to be published early in January in a volume of 300 pages.

A special paper-covered edition is available to the Civil Liberties Union for only $1.00 as against the regular price of $2.50. Send your orders, accompanied by a check, to the office.

Shall

For years those who have proceeded on the theory that all aliens will bear watching as potentially hostile to American institutions have sought to impose on the alien population a system of registration. This system would require all aliens to carry identification papers and to keep the government constantly notified of any change of address.

The proposal is embodied in two bills favorably reported by the Senate Committee on Immigration—one of them by Senator Robert R. Reynolds of North Carolina, 8. 409, containing other provisions as well, and the other by Senator Tom Stewart of Tennessee, S. 2830, providing only for the registration of aliens. The provipon for registration are identical in both bills.

The arguments against registration have been repeatedly stated over many years and so convincingly that every registration proposal introduced in Congress since the early 1920’s has been defeated.

Answering the Proponents

The practical arguments of proponents of registration are all easily disposed of.

1. They hold that registration would check the smuggling of aliens. But there is little complaint that any substantial number of aliens now get into the country illegally. Of the unknown number of aliens illegally here, it is generally conceded that most entered before 1924 when the new immigration law went into effect. They are no longer deportable. —

2, They hold that identification of all aliens by a registration system would be useful in time of war.

the country’s needs as they did in the last war without any system of registration.

3. They hold that registration would encourage naturalization. The arguments against coercion as a method of naturalization are obvious. Aliens who become citizens under that pressure would hardly constitute the type the country desires.

The obstacles of naturalization—red-tape, very considerable fees and long delays due to inadequate personnel—are the features which should be overcome.

4. They hold that only the United States admits aliens without registration or All Aliens But itis clear that. | the controls. established in wartime over citizens and aliens alike adequately meet tesistered? check-up. This is true only of countries with comparatively small alien populations. Conditions in the United States, historically settled by aliens, are wholly different. Until twenty years ago, immigration was encouraged. No successful comparison can be made with other countries, unless it be Canada with a similarly high proportion of foreign-born. No registration system exists there.

The Case Against Compulsory Registration

1. It would set up a vast system of es- pionage by federal officials, police, and private detectives.

Aliens and the newly naturalized would be subjected to questioning by agents and unscrupulous persons posing as agents, for their helplessness and lack of understand- ing of the language and customs of the country make them easy marks for exploiters.

2. It would treat our immigrant population as quasi-criminal.

Freedom of the individual from espionage or official surveillance, unless he is sus- pected of crime, is one of the most precious of American heritages.

3. It would furnish a weapon to employers against alien workers in trade unions and in times of strike.

4. It would add to lawlessness and law evasion, crowding the courts with petty cases.

Enforcing registration would mean unceasing search, inquisition, and spying, which in turn would lead to petty graft and blackmail.

5. It would increase prejudice and intolerance against the foreign-born. A born residents for failure to register. —

7. It would offer little check on illegal entry because those who want to evade the © law would find means to circumvent it. Birth registration, in all its years of en- forcement, has only achieved ninety per cent effectiveness. If alien registration is just as effective, it would leave out some 80,000 of our 3,838,728 aliens.

8. It would lead finally to the registration of all citizens in order to enforce reg- istration of aliens, because so many millions of naturalized citizens speaking for- eign languages would make discrimination between aliens and citizens difficult.

COMMANDANT ORDERS NO CENSORSHIP OF RADIO BROADCASTS AT VETERANS’ HOME

Complaints recently reached the A.C.L.U. that the 1500 residents of the Veterans’ Home at Yountville had been forbidden to listen to the nightly C.I1.O. news broadcast over Station KYA. The matter*was called to the attention of Col.-Commandant Nelson M. Holderman, and Governor Culbert L. Olson.

We now have a courteous response from Col. Holderman stating that “As soon as this matter was brought to my attention, I without delay issued instructions that all members of the Home would be permitted to listen to the C.I.0O. broadcast at 6:30 P.M.”

Whatever difficulty or misunderstanding existed has been corrected, and the Veterans are now listening to ‘the broadcasts of their choice.

No. 13

Latest pardon application of a criminal syndicalism victim to be filed with the Governor’s office, No. 18, is that of Charles Lesse, who now resides in Goteborg, Swe- den. Lesse was convicted in Eureka twenty years ago, one of the first persons convicted under the act.

NEW BOOKS ON CIVIL LIBERTIES

“After Twelve Years,” by Michael A. Musmanno. (Knopf, 415 pages, $3.00.)

A comprehensive survey of the SaccoVanzetti case for popular consumption. The author, now a Pennsylvania judge, participated during the last few months in the work of defense. In his account of his own conferences with the condemned men and various officials connected with the case, Judge Musmanno skillfully recreates the optimism which he then had, an optimism not shared by the defendants themselves. Under the circumstances, the book is frankly a partisan one.

While it throws much light on the personalities of the various actors, in the fundamental question of guilt or innocence. The picture which Judge Musmanno draws tragedy, it throws no new light on the of Governor Fuller, however, makes abundantly clear how totally unfitted he was to pass upon the issues in the case. Judge Musmanno describes how the Governor, on various occasions after the publication of his decision, discussed the case in the words of his decision, apparently learned by rote. The book closes with an equally devastating record of an interview had in the summer of 1938 with Abbott Lawrence Lowell.

Osmond K. Fraenkel.

6. It would furnish new and trivial os grounds for deportation of worthy foreign

Page 4

American Civil Liberties Union News Published monthly at 216 Pine Street, San Fran- cisco, Calif., by the Northern California Branch of The American Civil Liberties Union. Phone: EXbrook 1816 ERNEST BESIG Editor PPAUILINE W. DAVIES 2.22.4: Associate Editor Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

DEPORTATION FOR OAKIES (Continued from Page 1, Col. 2)

dren to come to California from Oklahoma, by providing transportation. The woman’s former husband helped pay for the transportation by supplying gas and oil. Mrs. Atkins and her children have returned to Oklahoma, but the brothers have maintained their residence in Farmersville, Tulare County. If any move is made to rearrest them, writs of habeas corpus will be sought to test the constitutionality of the statute.

3. On November 3rd, William George was convicted in Hansford, Kings County, for violating the statute and given a sixmonths suspended sentence, on condition that he return his aunt and her six children to Missouri from whence he had transported them. The entire group returned to Missouri the next day.

Sentenced To “No Relief For 2 Years’’

4. Lee Rankin, who is married and has a family of four children, was convicted on November 16 for transporting Mrs. Myrtle Morris and her three minor children to California from Oklahoma, even though she paid her share of the expenses. The Justice Court of Orosi Township, Tulare County, convicted Rankin and strangely enough Mrs. Morris for assisting indigent non-residents to enter the State, and gave them both suspended sentences of six months on condition that they do not apply for any form of relief for two years. Both families, however, are now receiving as sistance from the Farm Security Adminis tration, so they may be incarcerated for violating their paroles. |

The chief difficulty in handling these cases is that Summary action in the form of ‘deportation is taken before they can be discovered. A.C.L.U. attorney, Raymond Hen- derson of Bakersfield, has offered to test the constitutionality of the law if a case -can be secured.

There is no question that the authorities in Tulare and Kings counties face genuine problems in relation to the Oakies who have become a large part of our migratory farm population. But it is equally clear that in the above and similar instances, instead of meeting the problems, new ones are being created by a violation of the civil liberties of these unfortunate people.

Probe of Attack on Meeting Hall In Aberdeen, Wash. Sought

Immediate prosecution of vigilantes responsible for the destruction of the Finnish Workers Hall in Aberdeen, Wash., is strongly urged upon Mayor Herbert Horricks by the American Civil Liberties Union, which also criticized failure of Aberdeen police to protect a Communist meeting held in the hall.

In-a telegram to the Mayor the Union declared:

“The American Civil Liberties Union takes no position on the background of the riot in Aberdeen. The destruction of a minority party’s hall by vigilantes with the evident cooperation of your police department is a damning reflection of un-American activity and hysteria in your city. Such d'sgraceful conduct should be met by im- mediate prosecution of those engaged in the riot.

“We understand arrests have been made of those criticising the police. The Civil Liberties Union stands ready to defend the right of any person to criticize. Your po- lice department, deserves not only criticism but severe disciplinary action.’

According to reports received by the ’ Union, a labor leader named Dyer was ar

Montgomery Street Farmers ‘Bore Krom Within’

We won’t undertake a review of the recent amazing San Francisco. hearings of the LaFollette Committee,. which were marked by thorough preparation and an opportunity for all involved to be heard (qualities so lacking in the Dies Committee hearings), but we do want to make clear who the red-baiting, vigilante Associated Farmers really are. Talk about the Communists “boring from within,’ using the Trojan horse method of gaining control, and setting up innocent groups and front organizations, we would say that big business has out-Communized the Communists.

The record shows that the State Chamber of Commerce, San Francisco Industrial As- sociation, Southern Californias, Inc., Pacific Gas and Electric Co., oil companies, railroads, sugar companies, canners and other giant corporations established and main- tained the Associated Farmers to serve their interests. There is no community of interest between farmers and such groups. That’s why the organization concealed the nature of its support and hoodwinked legitimate farmers.

The name of this group should be the “Montgomery Street Farmers,’’? for Montgomery Street in San Francisco is reputed to be the Wall Street of the West. Quite appropriately, too, they have their headquarters in the Russ Building on that street.

From May 1, 1934, when the Montgomery Street Farmers organized, to October 31, 1939, their contributions totaled $178,542,91.

The 1934 contributions were as follows:

Canners’ League of California, $2000; Rosenberg Brothers and Co., $2406.75; Dried Fruit Association, $93.25; Pacific Gas and Electric Company, $1260; Associated Oil, $332.50; Standard Oil, $650; Texas Company, $151.50; Union Oil, $338.50; Atchison, Topeka and Santa Fe, $1500; Southern Pacific, $2500; Union Pacific, $600; . Western Pacific, $400; intercoastal shipping, none (explained because of the strike © situation); American Trust Company, $250; Anglo California Bank, $250; Bank of California, $250; Crocker Bank, $250; general industries, none; Amencaat Can Company, $1300; Continental Can, $600; Fireboard Praducts. $500; Longview F ore Company, $100; Pacific Can Company, $100; California and Hawaiian Sugar Corporation, $500; Holly Sugar Company, $500; Sarcekele Investment Company, $500; John F. Forbes, $10,000.

From all other sources contributions the first year were only $432.25. Maybe some legitimate farmers were duped into giving — that comparatively small amount.

The ten largest contributors to the Montgomery Street Farmers since its inception, in 1934, are as follows:

Atchison, Topeka and Santa Fe Railroad, $5175; Canners League of California, $13,700; Dried Fruit Associations, $12, 500; Forbes, John F. (Industrial Association oF San Francisco), $15,400; Holly Sugar Corporation, $3800; Pacific Gas and Electric Company, $4375; San Joaquin Cotton Oil Company, $3866. 51; Southern Californians, Inc., $6500; Southern Pacific Company, $8825; Spreckels Investment Company, $3800.

' Administration. rested for ‘criticizing the police for failing to interfere in the two-hour riot at the building. The meeting broken up, allegedly by anti-labor Klansmen, was scheduled | asa dance by the Women’ 's Committee of the Finnish Workers Federation. A crowd of five hundred men and boys broke into the hall, pulled walls apart and smashed equipment an hour before the dance was to begin.

Confusion Over Dr. Ward's Dual Position Termed “Unfortunate”

Alleged confusion between the Civil Liberties Union and the League for Peace and Democracy because the chairman of both > organizations is Dr. Harry F. Ward, professor at Union Theological Seminary, was termed “unfortunate” by the Union’s Board of Directors in a statement unanimously adopted but the Board agreed that there is “no reason for taking any action at this time.’”” The issue was discussed by the twenty-five members of the Board attending, in the light of queries and complaints from Union members.

The resolution adopted by the Board reads:

“Members of the Union differ sharply in their economic and political views, and all are free to express them without involving the Union. The Board of Directors, taking note of objections to Dr. Ward’s dual chairmanship of the Union and of the League for Peace and Democracy, expresses its regret that the Union’s policies and program should be carelessly confused with those of the League, which deals with many issues entirely foreign to the Civil Liberties Union. The Board regards that confusion, in the light of public controversy over the League’s personnel and policies, as unfortunate, but sees no reason for taking any action at this time.”’

Mexicans On Relief —

Under investigation by the A.C.L.U. is a complaint of discrimination against Mexicans receiving help from the State Relief It is reported that in several counties the relief granted Mexicans is 20 per cent less than that granted others.

WINNERS OF CIVIL LIBERTIES PLAY CONTEST ANNOUNCED >

Winners of the one-act play contest for radio and theatre conducted by the American Civil Liberties Union have just been announced by Carl Carmer, chairman of the Union’s Committee on Education for Civil Liberties. Prize winning plays are:

For the best radio play: “First Freedom” by Philo Higley, of New York, a play based on the story of John Peter Zenger, Ameri| ca’s first freedom of the press case.

For the best one-act play, suitable for theatrical production: “According to Law” by Noel Houston of Oklahoma City, a play dealing with racial prejudice and inequal© ity of justice in the courts.

Awards are $50 for each of the plays, in addition to royalties. Judges were: Brooks Atkinson, drama critic of the New -York Times; Elmer Rice, playwright; Barrett H. Clark, executive director of the Dramatists Play Service; William Rose Benet, poet and critic; and William Kozlenko, editor of the One-Act Play Magazine, which cooperated in the contest. Over 300 manuscripts were submitted in the contest, Mr. Carmer revealed. Mr. Higley’s winning radio play is expected to be produced shortly on a national hook-up. The play by Noel Houston is planned for special Sunday night performances, probably in February.

Honorable mention was awarded to Leane Zugsmith, New York novelist, for a labor play, “Wait and See’; Frank B. Wells, of Biloxi, Wis., for “Ho, for Carolina!” dealing with mob hysteria and legal . corruption; Donn Hayden, of Noroton, Conn., for “Swing Low, Sweet Chariot’ concerned with lynching; Harry Weinberger, New York attorney, for “Clarion Call,” a play on the Zenger case; Betty Smith, of Chapel Hill, N. C., for “A Messiah Discredited,” dealing with organization of corn-belt farmers; and Ned Rosing, of Kew Gardens, N. Y., for “In the Name of the Law,’ concerned with lawless officials in a coal-mining area,