vol. 5, no. 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, FEBRUARY, 1940 No. 2

PICKETING WITH SIGNS LEGAL

Convictions Reversed As S. F. AntiPlacard Law Held Unconstitutional

Picketing with placards and signs is part of the right of freedom of speech and may not be forbidden, declared the Appellate Department of the Superior Court in San Francisco in an important decision on January 17.

Reversing the conviction of John N. Thurber and Jack Cope for violating a San Francisco ordinance making it unlawful “to appear on the streets of the City and County of San Francisco, carrying banners or boards or placards with advertisements,” the court held that “as applied to this case the ordinance in question is unconstitutional.” Basing its decision on the Hague case, the court declared that, “If, as stated by the Supreme Court in the Hague case, the use of the streets and public places for communicating thoughts between citizens and discussing public questions ‘has, from ancient times been a part of the privileges, immunities, rights and liberties of citizens,’ which while it may be regulated in the public interest ‘must not, in the guise of regu- lation be abridged or denied,’ we can see no fundamental distinction between the communication of ideas through the spoken and the written word.”

Picketed French Consulate

The case arose on November 29, 1938, when, after due notice to the Police Department, John Newton Thurber, then State Secretary of the Socialist Party of California, picketed the French Consulate located at Market and Third Streets, San Francisco, carrying a sign which read, “DOWN WITH DALADIER’S DECREE ‘LAWS —SOCIALIST PARTY.” He was joined on the picket line by Jack Cope, organizer of the Socialist Workers Party in San Francisco, who carried a placard reading, “HANDS OFF FRENCH LABOR.’’

Both men were arrested by Sergeant John A. Engler and a posse. They were tried before Municipal Judge Thomas F. Prendergast on January 27, 1939, found guilty of violating the ordinance, and sentenced to five days in the county jail, but the sentences were suspended. Nevertheless, an appeal was taken, and the present decision reverses the convictions.

The case was handled by the A.C.L.U. through Attorney Wayne M. Collins.

Court’s Opinion

The opinion of the court follows: People v. Thurber and Cope Superior Court, Appellate Dept., No. 268 Municipal Court Action, No. 88368-9 Decided January 17, 1940.

This appeal involved the constitutionality of Section 2 of Ordinance No. 80 which makes it unlawful “‘to appear on the streets of the City and County of San Francisco, carrying banners or boards or placards with advertisements.”’

An Analogous Regulation

Similar ordinances have been held constitutional in Massachusetts (Commonwealth v. McCafferty, 14 N. E. 451; Commonwealth v. Haffer, 180 N. E. 615) and in Indiana (Watters v. City of Indianapolis, 134 N. E. 482). No cases squarely to the contrary have been cited. However, since the submission of this appeal the Supreme Court of the United States has treated of (Hague v. Committee for Industrial Organization, 59 Supreme Court Reporter 954). Inthe Hague case the Supreme Court had before it an ordinance of Jersey City which provided that ‘“‘no public parades or public assembly in or upon the public streets, highways, public parks or public buildings of Jersey City shall take place or be conducted until a permit shall be ob(Continued on Page 4, Col. 1)

‘RADICAL CHARGES DROPPED IN WARNICK DEPORTATION WARRANT

The office of the Commissioner of Immigration recently informed the A.C.L.U. that “in view of the Strecker decision,’”? which held that past membership in the Communist Party is no ground for deportation of an alien, the charge of membership in a radical organization has been dropped from the warrant of July 27, 1936, ordering the deportation of Jack Warnick of San Francisco to Canada. Warnick was not a member of the Communist Party at the time the deportation proceedings were initiated. A supplemental warrant of deportation has been issued containing only the charge that Warnick is an illegal entrant.

Execution of the warrant, however, is impossible because Canada, where Warnick claims he was born, refuses to accept him on the ground that it is unable to establish his birth in that country.

The record of the case shows Warnick entered the United States from Canada with his parents at the age of two. He graduated from the University of Washington and also attended the University of California. He was among those acquitted in the Sacramento criminal syndicalism trial of 1930.

Basis for the charge‘of illegal entry is a trip Warnick made to Canada in 1926, where he spent less than a day and then reentered the United States without the necessary papers.

No.

DEPORTATION OF OKIES ENDS

Deportation of Okies for aiding fellowmigrants enter the State has come to an abrupt end. No case has arisen for a month under the statute which seeks to restrict the locomotion of poor people by making it a misdemeanor to assist in bringing an indigent person into the State.

Moreover, attempts to test the constitutionality of the law were unsuccessful when on January 24 a Justice of the Peace in Tulare County refused to re-arrest two brothers who failed to abide by his previous sentence of banishment from the State an analogous regulation in the Hague case within 5 days or serve six monthe=s Jail Lawrence D. and William K. Jones, both married, were convicted under the statute a couple of months ago for aiding their sister and her six children to come to California from Oklahoma by providing transportation. The woman’s former husband helped pay some of the costs of transportation by supplying gas and oil for the car. While the woman and her children returned to Oklahoma, following the court action, her brothers stayed in Farmersville, Calif.

The court, ignoring the terms of its own decision, declared that substantial justice had been done, and he did not see any reason for arresting the Jones brothers as urged by A.C.L.U. attorney, Raymond W. Henderson of Bakersfield. Had the boys been re-arrested, a writ of habeas corpus would have been sought in the Superior Court, and the constitutionality of the statute would thus have been tested.

Chief reason for abandoning prosecutions under the statute is the statewide publicity given protests by the A.C.L.U. and its offer to defend any migrant arrested under the statute.

According to Tulare County press reports, Albert Kincaid, Special Investigator of the District Attorney’s office, is responsible for twenty-two convictions under this law which had lain dormant for seven years until it was revived late last year in Tulare and Kings counties.

HOBBLING LABOR

Another “labor initiative’”’ has been titled by the Attorney General’s office, this one providing for compulsory arbitration of labor disputes, limitation .of strikes, etc. Our hunch is that the proposal will not be circulated, unless the Dies Committee is successful in drumming up an anti-labor hysteria in the State in its forthcoming ex- posure of the activities of ‘‘reds’’ in west coast labor unions. Even then, there’s the small matter of raising half a million dollars needed in an attempt to impose a “Proposition No. 1” of 1938 on the people of California.

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“OUT OF HIS OWN MOUTH

Congressman Martin Dies and his Committee discover that the American Civil Liberties Union is NOT a “Communist” organization !

Extract from the transcript of the Com mittee’s proceedings on October 23, 19389, during the testimony of Dr. Harry F. Ward, appearing for the American League for Peace and Democracy.

The following exchange took place: Mr. Matthews: Now, Dr. Ward, still another organization with which you have some connection, I believe, that we would like to have you speak about, if you do not object stepping from one role to the other - successively, and that is the American Civil Liberties Union. :

Mr. Ward: Mr. Chairman, at that point, I wish to put the situation before the Com- mittee that the American Civil Liberties -Union is an entirely distinct organization, with which I have an entirely—

The Chairman: I think that point is well taken.

Mr. Ward (continuing): An entirely different connection, and the American Civil Liberties Union has requested, as the chairman well knows, to be represented here by its counsel who knows all about its affairs.

The Chairman: What are you—National Chairman?

Mr. Ward: I am National Chairman of it.

The Chairman: But you are not very familiar with it?

Mr. Ward: No, sir; I am not qualified to speak about the details of the organization. Its. counsel has asked to come here and give you all the information.

The Chairman: This committee found last year, in its reports, there was not any evidence, that the American Civil Liberties Union‘was a Communist organization. That being true, I do not see why we ,would be justified in going into it. I mean, after all, they have been dismissed, by unanimous report of the committee as a Communist or- ganization.

Mr. Whitley: But they have requested that they be heard.

The Chairman: Yes; they have requested to be heard.

Mr. Starnes: I want to say, Mr. Chairman, that some of these gentlemen were so vociferous last year in statements in the press, on the outside, about being denied an opportunity to be heard, I want to ingist that they be given the privilege of being heard.

The Chairman: So far as the Chair is concerned—lI do not know what the other gentlemen think about it-——here is an organization that the Committee has already said is not a Communist organization. Now, there is no necessity, as I see, to go into it at all.

These statements by Congressman Dies are the first official admission by the Com- mittee. of its findings that the Civil Liberties Union is not a “Communist” organiza- tion. The first report made to Congress In January, 1939, stated:

“From the evidence before us we are not. in a position to definitely state whether or not the Civil Liberties Union can properly be classed as a Communist organization... We strongly urge that this organization be investigated.” (Page 122, Committee House Report No. 2).

The only investigation made was by the Committee’s counsel, who called at the office and later examined the Union’s Director; taking a transcript of his testimony.

Members of the Civil Liberties Union who confront the charge that it is a ““‘Commun- ist”: organization can successfully refute it in letters. to the newspapers and otherwise by quoting from the above.

it’s A Crime To Be A Gypsy In San Francisco

On January 4 Officer A. McCarte and a posse arrested Leo George, Steven George and Dewey George, the latter a rheumatic old man of more than seventy-two, and father of the first persons named, as “‘$1000 Vags.”’ They were held in jail over night in lieu of bail, and on January 5, after a hearing at which they were represented by Attorney Charles Garry, the charges were reluctantly dismissed by Municipal Judge Frank W. Dunn.

Arrested Without Warrants

The arrests were made at the homes of these people at 1449 O’Farrell Street and 1274 Eddy Street, without the benefit of warrants of arrest or search warrants. Officer McCarte testified that the defendants were Gypsies and roamed about from place to place without visible means of support. As a matter of fact, these people have been residents of San Francisco since 1938 with only occasional absences; they have paid their rent and are on the relief rolls of the State Relief Administration. Such was the testimony of an §.R.A. worker who was subpoened as a witness.

Officer McCarte also testified that there had been complaints against the defendants, but he was unable to state when the complaints were made, who made them, and their nature. He characterized them merely as “‘general complaints.”’

In fact, the only specific complaint voiced by the officer was that the conditions at the Eddy Street residence were unsanitary. And they were “unsanitary” because of a gas plate used to heat the room.

Ordered To Leave Town Such persecution of Gypsies is not new.

On November 2, Detectives Reegan and — Cookes visited the same George family besides the families of Steve Frank and Miller George and informed them they would. be given one week to leave town. The

IT'S A CRIME TO BE ON THE S.R.A. IN STOCKTON

Louis Yamamoto of Stockton has been found guilty of vagrancy even though he is on the S.R.A., receives unemployment benefits and has a place to live. The court sentenced him to serve 180 days in the county jail, but suspended the sentence on condition that he leave the county by 4:00 P. M. on January 2nd.

Police arrested Yamamoto on December 27, and then seized reputed radical literature and documents in his room without the aid of a search warrant. Police testified that they had observed him roaming about various streets without a visible means of support for more than a month. In fact, he is an unemployed agricultural worker who was active in last fall’s celery strike.

In sentencing Yamamoto the court declared in substance as follows:

“It appears strange that some members of the S.R.A. have been so interested in the defendant that they have hired an attorney for him. The S.R.A. is a relief organization. I wonder if it is known that you are a Communist by members of the S.R.A. I wonder why you were not put on a budget and not sent to the S.R.A. camp. I wonder if the - taxpayers’ money is not being used to further your movement. Perhaps those re- sponsible for the administration of relief in California may take some cognizance of this case and investigate the situation here.”’

Attorney Herbert Resner of San Francisco has taken an appeal from the conviction to the Superior Court. Filing of an amicus curiae brief will be considered by the A.C.L.U. Executive Committee on February 5.

American Civil Liberties Union verified the “order” in a telephone conversation with Officer Cookes on November 2nd. The only complaint that Mr. Cookes had against them was the general one that they were Gypsies, that Gypsies are a greasy and a lazy lot who allow their women to support them by stealing, and that in this particular ‘instance the Gypsies were acquainted with another Gypsy family that had been engaged in fortune-telling in the city. No charge was made that any members of these families had committed or were suspected of committing any crime.

The American Civil Liberties Union advised the Gypsies not to obey the order to leave town. No action by the police followed until the present arrests. A complaint was made to the Chief of Police on November 3, 1939, but no response was ever received to the communication.

Persecution Of Unpopular Minority

The conduct of the police in these cases constitutes nothing less than persecution of an unpopular minority. A complaint was filed with the Police Commission against Officer McCarte, but that body merely reported that the letter had been read and referred to Chief Quinn for his attention.

Protests were also filed directly with Chief Quinn and Mayor Angelo Rossi by the A.C.L.U. and other organizations. The Civil Liberties Committee of the San Francisco Bar Association, headed by former Attorney General U. S. Webb, was invited to investigate the case, but failed to do any thing about it. In fact, the Committee hasn’t handled any cases since it was organized more than six months ago.

The Executive Committee of the A.C.L.U. has authorized damage suits for false ar- behalf of the three Gypsies.

“RADICAL LITERATURE”

In Eureka citizenship was recently denied to a man because, among other reasons, “radical literature’? was discovered in his possession 2'4 years ago. The policeman who testified was unable to produce the literature because it had been destroyed by the City Administration. The court was, therefore, compelled to accept the policeman’s opinion that the literature was “‘radical.” Right of appeal had already lapsed when the case was called to our attention.

NEW PAMPHLETS AVAILABLE

Published by the American Civil Liberties Union, now ready for distribution.

Alien and Sedition Bills Pending in Congress—A six-page summary of measures dangerous to civil liberties facing imminent enactment.

Shall All Aliens Be Registered ? — A critical study of the Reynolds (S. 409) and Stewart (S. 2830) Bills in the Senate (8 pages).

The Omnibus Gag Bill—Why the Smith Bill (H. R. 5138) should be defeated.

Shall Aliens Advocating Any Changes in Our Form of Government Be Deported? — The facts about the Dempsey Bill (H. R. 4860).

Shall Aliens Who Cannot Be Deported Be Indefinitely Imprisoned ? — An analysis of the Hobbs ‘‘concentration camp bill’ (H. R. 5643).

Beat the Military Disaffection Bill!— The arguments against the Walsh Bill (S. 1677).

Shall We Have a Federal Sedition Act ?—The facts about the McCormack amendment to the Walter Bill (H. R. 6075).

These pamphlets may be obtained from the A.C.L.U. at 5c each, or 25¢ for the seven.

Let Freedom Ring

Warren and Vigilantism

More than three months ago four persons, including this writer, held a conference with Attorney General Earl Warren concerning the Madera cotton strike troubles. Facts were presented showing the lawless activities of the vigilantes and the failure of the local district attorney to act.

Mr. Warren was very sympathetic as he listened to the complaints and demands for redress. He would investigate and communicate with us was his promise as we left. But we waited in vain for a communication.

On December 28 the writer attended a meeting of the Advisory Pardon Board at which Mr. Warren was present as a member. He immediately reminded Mr. Warren of the promised communication. A puzzled look crept over his face. ““What communication are you referring to,” he asked very innocently. “Why, the letter you promised us on the Madera complaints,” the writer answered. ‘Oh,”’ responded the General, “I can’t do anything about that now with the LaFollette Committee carrying on its investigations. But I did look into the matter.”’

When Mr. Warren was a candidate for Attorney General more than a year ago we applauded his statement that, “I am unalterably opposed to any species of vigilantes or to any other extra legal means.”

But, of course, Mr. Warren made that statement before he was elected. We’d like some proof NOW that he meant it.

You Can’t Read That!

The A.C.L.U. has taken an appeal to the District Court of Appeals from a decision of the San Jose Superior Court denying citizenship to George Bogunovich. It will -be recalled that Mr. Bogunovich’s error lay in subscribing to a Yugoslavian Communist paper seven years ago.

Thumbs Down !

While the House extended the life of the Dies Committee another year, its third, with a $75,000 allowance, we are happy to report that Franck R. Havenner of San Francisco was one of the few Congressmen to vote against continuation of the com mittee.

Chickens Come Home To Roost

Add the following to the growing record of Stanley M. (Larry) Doyle, professional red-baiter, all happening within the past 30 days:

1. Beaten in a saloon brawl in San Francisco;

2. Lambasted in Dean Landis’ report on the Bridges deportation proceedings for re- fusing to testify ;

3. Contempt proceedings initiated against him for refusing to testify before the LaFollette Civil Liberties Committee.

Free Speeches

During the past month Ernest Besig, local director addressed eight meetings as fol- lows: In Berkeley, the Cragmont Young Democrats, the East Bay Youth Council Committee for Racial and Religious Cooperation, and the Rose-Vine Forum; in Palo Alto, two meetings of the Wesley Foundation and the Town Hall of the Air; in San Francisco, the Knights of the Round Table and the Committee for the Protection of Filipino Rights.

Mr. Besig will speak before the Alameda Town Hall Committee on February 1 in a belated debate with a representative of the American Legion on the question, “Shall the Dies Committee Be Continued ?”

At the Student Y.W.C.A. in Berkeley on February 8 Mr. Besig will speak on the Alien and Sedition bills pending in Congress.

Page 3

Substandard Diets For 68 Mexican Families On S. R. A. in No. Calif.

If you are a Mexican on the relief rolls of the S.R.A., there is a possibility that you will receive as much as 20 per cent less in your food allowance than non-Mexicans. oe is known as a “substandard deduc10n.

The reason for the deduction is the lower standard of living to which you are accus- tomed, and far be it from the S.R.A. to raise your standard to that enjoyed by most per- sons on relief. While the rule that is applied says nothing about Mexicans, it is in- teresting to note that in practice the only ones who suffer the deductions are Mexi- cans and possibly a handful of Klamath Indians in Del Norte County.

In California, approximately 24 per cent of the S.R.A. case load consists of Mexicans. Of course, many more Mexicans live in Southern than in Northern California. But in the area roughly north of the Tehachapi, the records show that not all Mexicans are treated like others on relief, and that 68 families have been placed in the substandard class.

Statistics

Del Norte County with 15 families—and they must have thrown in the Klamath Indians for good measure, Solano with 8, Monterey with 7, Lassen with 6 and Santa Clara and Merced counties with 5 each contribute 46 of the 68 substandard families. Only twenty counties north of the Tehachapi have any such families on their rolls. We have no statistics on Southern California.

The average family on relief consists of about 3.9 persons. Such a family at the present time is allotted about $40 a month for food; that is, unless you’re a Mexican,

Drive For Law Curbing “Private Armies” Renewed.

Pointing to the arrest of armed members of the Christian Front in New York as dem- onstrating the need for legislation to prohibit the formation of ‘private armies,”’ the Civil Liberties Union has wired Rep. Andrew J. May, chairman of the House Military Affairs Committee, urging an immediate favorable report on a bill outlawing private military training unless authorized.

The bill (H. R. 2645) was drafted by the A.C.L.U. and introduced by Rep. Hamilton Fish of New York. Aimed at such groups as uniformed American Nazis, the measure is broad in scope. It defines a private army as “any group of five or more persons organized in a camp, club, company, society or in any other fashion for the purpose of drill or parade with firearms or other dangerous weapons or imitations, or for the purpose of giving or acquiring military training.” It was originally introduced in May, 1939, and hearings were held last March.

The Union’s telegram to Chairman Sheppard declared:

“The arrest by FBI agents of seventeen members of the Christian Front in New York is strong evidence of the need for a bill such as that introduced by Rep. Hamilton Fish to regulate the formation or activities of private military forces. While those arrested are charged with a breach of existing law against overthrow of the government, the Fish Bill will punish all unauthorized military activity by private groups, regardless of such conspiracies. Actual preparations for force are a menace to democratic methods and we strongly urge your committee to favorably report ER. 2645.

In a memorandum on the bill at the time of the hearings, the Union stated the problem as follows:

“The increase in this country of uniformed military groups connected with poin which case you may receive as little as $32 a month. Therefore, by keeping the 68 Mexican families on a substandard food allowance, the State at the most saves the magnificent sum of $6528 a year in North| ern California. But is it the province of the State to encourage a diet that all experts know results in malnutrition? Or is it not — the duty of our State to encourage an American standard of living

State Relief Commission Responsible

Responsibility for the discriminatory treatment rests with the State Relief Com- mission which a few years ago, in an economy move, hit upon the scheme to give Mexicans a substandard food allowance. The rule was revised on November 29, 1938, and now reads as follows:

“The total food budget of the family is the sum of the individual allowance with deductions and additions, depending on the size of the family, as provided in the cur- rent budget schedule authorized for each county. A TOTAL deduction of not more than 20 per cent of the total food budget is permitted for families whose accustomed diet permits the maintenance of normal health at an expenditure for food less than the amount established by the standard budget upon definite information secured by the investigation and incorporated in the case record.”’

Such discriminatory treatment has no place under a system of government which guarantees equal protection of the laws even to relief clients. The A.C.L.U. intends © to take appropriate action to see that the discrimination against Mexicans on relief is ended.

litical movements constitutes a menace to...

democracy, for they are plainly preparations for the use of force. The experience es : of foreign countries clearly indicates the danger of allowing such groups to assume the function of maintaining order even on private property, for the extension of that function to public places is only too easy. German-American organizations of Nazi sympathies have established semi-military companies, drilling and organizing, and in some places, allegedly with arms. Certain native American organizations of political character also engage in military drill and training. While these organizations are not yet large or numerous they represent a tendency which should be outlawed by federal statute.”

PROTEST MOVE TO DESTROY COPIES OF STEINBECK NOVELS IN HAMMOND, IND.

A proposal before the Hammond, Ind., City Council to instruct the Hammond Library Board to destroy its 45 copies of John Steinbeck’s “Grapes of Wrath” and “Of Mice and Men” was vigorously protested by the Chicago Civil Liberties Committee as a flagrant instance of censorship. The library has received over 1000 written requests from adult borrowers to read “Grapes of Wrath.”

The proposal to destroy the novels, made by a Hammond attorney, was referred to a Citizens Clean Literature Committee organized two years ago to stop distribution and sale of so-called cheap and salacious literature in the city. Nineteen periodicals, including Esquire, have been banned. The committee of censors is composed of two aldermen, a Catholic priest, a Catholic layman, a Methodist minister, a labor repre- sentative and the Chief of Police. A public hearing on the Steinbeck novels has been scheduled.

Reports received by the Civil Liberties Union indicate that the Lake County Fed- eration of Women’s Clubs has instructed its secretary to notify each public librarian in the county asking for the removal and destruction of all copies of ‘Grapes of Wrath.”

Such deduction shall be based

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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 PAULINE W. DAVIES......... Associate Editor Subscription Rates—Seventy-five Cents a Year Ten Cents per Copy.

PICKETING WITH SIGNS LEGAL

(Continued from Page 1, Col. 2) tained from the Director of Public Safety,” and further that “‘said permit shall only be refused for the purpose of preventing riots, disturbances or disorderly assemblage.”’

Freedom Of Speech On Streets

In so far as this ordinance attempted to prohibit any public assembly on any public street or in any public park without a permit it was held unconstitutional, the Su- preme Court saying at p. 964: ““‘Wherever the title of streets and parks may rest, they have immediately been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. The privilege of a citizen of the United States to use the streets and parks for com- munication of views on national questions -may be regulated in the interest of all; it is not absolute but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abriged or denied.”

Instruments Of Oppression

“We think the court below was right in holding the ordinance . . . void upon its face. It does not make comfort or conven-jience in the use of streets or parks the standard of official action. It enables the Director of Safety to refuse a permit on his mere opinion that such refusal will prevent ‘riots, disturbances or disorderly assemblage. ; It can thus, as the record discloses, be made the instrument of arbitrary sup- pression of free expression of views on na* tional affairs for the prohibition of all speaking will undoubtedly ‘prevent’ such eventualities. But uncontrolled official sup- pression cannot be made a substitute for the duty to maintain order in connection with the exercise of the right.

The banners displayed in this case were not. commercial advertising but an expression of the views of those carrying them upon the propriety of certain labor decrees of the French Government. We need not in this case consider the constitutionality of the ordinance as applied to commercial advertising, but only as applied to the facts of this case.

Communication By Written Word

If, as stated by the Supreme Court in the Hague case, the use of the streets and pub- lic places for communicating thoughts between citizens and discussing public ques- tions, “has, from ancient times been a part of the privileges, immunities, rights and liberties of citizens,’”’ which while it may be regulated in the public interest ‘‘must not, in the guise of regulation be abridged or denied, ”? we can see no fundamental dis- tinction between the communication of ideas through the spoken and the written word. In either case under the rule of the Hague case, the right may be regulated, but not absolutely and completely forbidden. It might, as a part of such regulation, we assume, be entirely forbidden in certain areas, but we cannot see how in the face of that decision it can be sweepingly prohibited on every street, however quiet or ‘uncongested it may be throughout the entire area of the city and county.

. For this reason we are of the opinion that as anplied to this case the ordinance in question is unconstitutional.

Tha judgments appealed from are accordingly reversed.

What's Wrong With the Dies Committee?

An exhaustive study of the record of hearings and all pertinent documents has been made by a special committee of the Union’s Board of Directors, and approved by the entire Board, with the following conclusions:

I. ITS VALUE.

In spite of procedural faults and its political activities, we must not overlook the fact that in some ways the work of the Dies Committee has had value. The Committee has brought together in one place material which show some activity by those, who desire often at foreign instigation, to destroy our democratic institutions or replace them with some form of Nazi, Fascist or Communist dictatorship. Activities which are the proper subject of investigation have been revealed and widely publicized. Violations of law have been shown in many instances. The work of the Committee has brought an awareness to the American people which will cause citizens to recognize a greater responsibility in joining or sponsoring political groups.

There can be no objection to an investigation—to use the words of the Dies Com- mittee in its latest report—of “organizations or groups existing in the United States which are directed, controlled or subsidized by foreign governments or agencies and which seek to change the policies and forms of government of the United States in ac- cordance with the wishes of such foreign governments.”

Second Report More Temperate

The second report of the Dies Committee is more calm and temperate in tone. It is more nearly on the proper track of the course an investigation of this kind should take. It is in striking contrast to the alarmist statements of Chairman Dies himself. However, the injury done to organizations and to persons, through the publicizing of unfounded charges against them, cannot be obliterated or atoned for by the subsequent issuance of a report which does not repeat such charges. Any continuation in any form of this kind of inquiry should in all equity give full opportunity to all those so maligned to testify and to offer witnesses in their behalf.

II. ITS PROCEDURE AND METHODS

The resolution procedure and methods of the Dies Committee are subject to valid and serious disapproval. In its efforts to expose the enemies of democracy it has fre- quently resorted to methods which endanger the democratic process. The Dies Com- mittee’s approach to its task has been biased and colored by the political, social and economic views of its Chairman and some of its members. This was rendered possible by the vagueness of the enabling resolution. These views include the belief that any organization containing any Communist is ipso facto ‘‘subversive” and “un American.” This has led to the acceptance of un-supported testimony consisting whol-ly of conclusions of biased witnesses with ulterior motives. It has led to widespread public condemnation of the accused without an opportunity to be heard in advance or to reply. Because of it the Committee has cross-examined or led witnesses with the intent of putting words into their mouths.

“More important, for similar reasons the Committee has refused to accept or omitted from the record testimony or exhibits which were offered. This makes the record unreliable as a sole basis for judgment of the work of the Committee. Much unnecessary damage has been done by the activities and speeches of Chairman Dies himself.

“Committee of One”’

We need cite only two of the most recent and reprehensible. The first was the ar- bitrary and possibly illegal action of the Chairman in appointing himself a ‘‘commit- tee of one” to receive and place in the record an undocumented and unsworn report of the obviously biased Mr. Matthews on “Communist Work in Consumer Organizations.” The report was not supported by a single word of testimony or a single exhibit.

The other recent event was the ridiculous speech of Mr. Dies in which the deportation of 7,000,000 aliens was cheerfully predicted. It is difficult to believe a responsi- ble public representative made such a statement.

Certainly, it cannot be squared with the statement in the Dies Committee’s second report in which it is said “not over 1,000,000 people in the United States can be said to have been seriously affected by these essentially foreign or un-American activi- ties.”’

The public has been confused and led to believe that many worthy, important and even vital liberal and progressive movements, organizations and individuals should be suspect. The result has been incalculable harm to the orderly liberal and pro- gressive development of the democratic process, which is so vitally necessary to the maintenance of the free and liberal traditions of our democracy.

II. ITS POLITICAL PURPOSES

The use of the Dies Committee to grind obvious political axes is to be strongly con- demned. The Committee has misused its vast powers to discredit the Roosevelt Ad- ministration and the purposes of the New Deal. This was done by linking high gov- ernment officials with alleged favoritism to Communists and by giving widespread publicity to the alleged membership of such officials in so-called ‘“‘Communist-Front’’ organizations. The main theme was orchestrated by branding innumerable rank and file employees of the government as Communists and accusing them of membership — in “Communist Front” organizations. The proper purposes of the Committee were further grossly perverted by the highly improper hearings in October, 1938, held in regard to the Murphy of Michigan, Benson of Minnesota, and Olson of California, campaigns. These hearings were blatant and partly successful efforts to defeat New Deal candidates. This was a gross misuse of power.

IV. CIVIL LIBERTIES INJURED

Whatever value there may be to Congress from the residuum of credible evidence which the Committee’s records contain on activity which tends to attack the Bill of Rights, is overwhelmingly offset by the injury to individuals and organizations and to civil liberties, which resulted from the Committee’s work.

V. NO NEED TO CONTINUE

The Committee has shown that the American people as a whole believe in democracy and that totalitarian ideas have no substantial appeal. A good which has therefore flowed from the work of the Committee is the demonstration that any fear of real danger. from so-called subversive or un-American activities at this time is hysterical and unfounded. From this it would seem to follow that the Committee has shown that there is no need for repressive legislation. It would also seem to follow that there is no need for further continuation of the Dies Committee.

PICKETING LAW RULED INVALID IN VENTURA, CAL.

The Ventura, Calif., picketing ordinance, which prohibits peaceful picketing, has been declared unconstitutional by Superior Court Judge Louis C. Drapeau of Ventura County. The decision was handed down in two appeals from the police court of the City of Ventura. The cases were sponsored jointly by the Southern California branch of the Civil Liberties Union and the Central Labor Council, A. F. of L., of Ventura County.