vol. 5, no. 8

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, AUGUST, 1940 No. 8

ANTI-OAKIE CASE APPEALED

U.S. Supreme Court Scheduled to Review Superior Court Decision

Constitutionality of the “Anti-Okie Statute,” which makes it a misdemeanor to aid an indigent to enter the State, will be tested in the United States Supreme Court. An ap- peal is being taken by the A.C.L.U. from the recent decision of Superior Judge Warren Steel of Yuba County which upheld the conviction of Fred F. Edwards under the statute. While the court declared the law constituted a valid exercise of the police power it stated that the issue “should be finally settled by the higher courts. The present holding of this Court makes possible a further appeal and review by the courts of higher jurisdiction.”’ Since the Superior Court is the highest court in the State to which appeals may be taken from convictions in the Justice Court, the issue may now be carried directly to the United States Supreme Court.

The Facts

There is no dispute as to the facts of the case. Mr. Edwards, a resident of California for twenty years, drove his wife’s sister and brother-in-law, Mr. and Mrs. Frank Dun- can, and their two-year-old son from Texas to Marysville. The Duncans, both citizens, had been on WPA in Texas, but contributed $20 to the expenses of the trip. On arrival they sought F.S.A. help, but Mr. Duncan soon secured work in private industry. Thereafter, Mr. Edwards was arrested on complaint of the Restitution Department of the State Controller’s Office on February 17, 1940. He was released on $1,000 bond furnished by Marysville businessmen. The Justice Court found him guilty of violating the statute (a misdemeanor), and a sixmonths’ sentence was imposed and suspended.

The appeal to the Superior Court was handled by A.C.L.U. attorneys Philip Adams and Wayne M. Collins. The New York and Kern County offices of the A.C.L.U. filed amicus curiae briefs. The main contentions of the Union are (1) that freedom of movement is a privilege granted by the privileges and immunities clause of the Constitution; (2) that interference with freedom of movement and residence constitutes a deprivation of liberty under the due process clause; and, (3) that the statute contravenes the plenary power of the Federal Government to regulate interstate commerce.

Cases In Tulare and Kings Counties

Similar cases arose in Tulare and Kings Counties last November and December, but the Edwards case is the only one in which the A.C.L.U. has had an opportunity to test the constitutionality of the law. In most instances the defendants were convicted in short order and compelled to return the migrants to their former homes before the A.C.L.U. had a chance to intervene.

In one case, the defendants failed to abide by the court’s order to leave the county, but the authorities refused to rearrest them. In another case, after a writ of habeas corpus was sought in the District Court, the defendant was released Be the Sheriff and left the state.

While the law has been on the statute books since 1933, it remained a dead letter until revived by county relief agencies in Tulare and Kings counties last November. No eases have arisen since the A.C.L.U. in(Continued on Page 4, Col 1)

A.C.L.U. TESTS LAW BARRING COMMUNISTS FROM WPA

“At the request of the A.C.L.U., Arthur Garfield Hays, its general counsel, has agreed to act as attorney in behalf of two New York City WPA employees who have instituted court action to void the WPA Administration’s attempt to remove Communists and Nazi Bund members from the relief rolls.

The cases involve Mrs. Charlotte I. Long, who lost her job for refusing to sign an affidavit disavowing affiliation with either group, and George R. Carroll who was ousted after he signed an affidavit admitting he was a member of the Communist Party. Mrs. Long denied she was a Communist but characterized the affidavit requirements as “un-American.”

Similar action testing the constitutionality of the W.P.A. appropriation bill signed by President Roosevelt on June 27 will be taken in Boston, Mass. There W. T. Parry, former Harvard instructor and descendant of a long line of American patriots, was dis- missed from his job after he signed the required affidavit admitting he was a Com- munist.

TO AID COMMUNISTS JAILED FOR SOLICITING BALLOT SIGNATURES

The Civil Liberties Union has requested William J. Walsh, its local attorney at Poughkeepsie, N. Y., to aid in the defense of eight members of the Communist Party jailed at Wappinger Falls, N. Y., for soliciting signatures on petitions to place the party on the ballot in the November elections.

The eight persons, residents of Brooklyn, were held on the charges of “disorderly eonduct” because they rang doorbells while canvassing the community. The arrests were held to be in violation of New York State election laws.

District Attorney Woolwine’s

Gov. Olson Pardons 6 C. S. Victims

Six victims of the Criminal Syndicalism Law on whose behalf the A.C.L.U. filed pardon applications last fall were granted full and unconditional pardons by Governor Culbert L. Olson on June 26. Those pardoned were Wallace I. Fruit, T. O. Kleiberg, William Minton, Joe Varela, all arrested in Los Angeles, in 1923 during Dis““W obblie’”’ round-up, Howard D. Welton, convicted in Oakland in 1921, and Ivan T. Barnes, arrested in Quincy, Plumas County. All had long since served their San Quentin sentences.

The Advisory Pardon Board has subse| Qucutly notified the A.C.L.U. that at its June 27th session, it recommended the granting of pardons to four more victims of the law. The recommendations cover the petitions of Henry Matlin, who was ‘sentenced from Los Angeles in 1921 and served five years in San Quentin, H. M. Edwards and Robert Woods, convicted in Sacramento in 1922 and 1923 respectively, and Fred W. Thompson, now of Wisconsin, who was arrested in Marysville in 1928. Governor Olson’s action in the previous criminal syndicalism cases would seem to indicate that pardons will in all liklihoodalso be granted to these four men.

Action is still awaited on five of the fifteen pardon applications filed by the A.C.L.U. In one case, that of Oscar Erickson, convicted in the Imperial Valley in | 1930, the Advisory Pardon Board handed down an unfavorable recommendation. The Governor, however, is not bound by the Board’s view, and has been urged to take favorable action on the petition. Consideration of the petitions of two seamen has been postponed pending their return to this country. The remaining two petitions will come before the Board for consideration some time within the next two months.

APPEAL DENIAL OF CITIZENSHIP | TO CALIFORNIA ALIENS ON RELIEF

The appeal of five aliens denied naturalization by a federal judge in Los Angeles on the ground that they were public charges and hence not “attached to the principles of the Constitution” was argued recently before the U. S. Circuit Court of Appeals at San Francisco. A. L. Wirin, counsel for the Southern California branch of the Civil Liberties Union, represented the aliens. The Los Angeles Bar Association intervened as friend of the court in support of the order denying citizenship.

State Job for A.C.L.U. Committeeman

Attorney James M. Carter, a member of the Executive Committee of the Southern California Branch of the A.C.L.U., was recently appointed State Director of Motor Vehicles by Governor Culbert L. Olson.

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Voorhis Bill Termed : “Unusually Harsh"

Opposition to the Voorhis bill (H.R. 10147) requiring detailed registration of “nolitical” or ‘civilian military” organizations was set forth by the American Civil Liberties Union recently in letters to Senator Tom Connolly, chairman of the Senate Judiciary Committee, and other members of the Committee.

Loose drafting of the bill, states the Union, makes its application and requirements much too far-reaching. In particular, the term “political activity’’ as defined in the bill would gag organizations regardless of whether or not it seeks to gain control of the government or a political subdivision by peaceful democratic methods or by force and violence.

“Such a measure,” writes the Union, “if enacted, would arouse suspicion as to the patriotism of several essentially peaceful and American minority parties in this coun- try and constitute a severe blow to their existence.”

The Union contends that the course of conduct prescribed fer groups required to register is so extreme as to be almost impossible to follow, and that the penalty for deviation is overly severe. The necessity to present for inspection copies of the minutes of every branch, copies of each leaflet and other material issued by the organization is considered by the Union “‘unusually harsh.”

Criticism is directed by the Union to the provision that “the name and address of each person who has contributed any money, etc.,” to the organization shall be included in the registration statement. To require the filing of the names and addresses of each contributor would be unnecessary for all legitimate purposes.

Maintaining that the punishments prescribed for violation of any provision of the Act are so excessive that they would be likely to cause dissolution of the organizations, the ACLU strongly urged the Senate Eanes to report the bill out unfavorably.

Let Freedom Ring

Dues Payments By S.R.A. Clients Banned

Attorney General Warren has ruled that “donations to any organization, political or otherwise, from relief moneys, for dues, fees or other payments, except such as are determined to be necessities under the rules and regulations established by the Commis- sion, would result in disqualification from receiving further relief moneys from the appropriation made by the Relief Act.”

The Attorney General held that it was a question of fact to be determined by the Administrator whether the Workers Alliance comes within -the prohibition.

Politics and Relief

SRA clients are to be given the opportunity of declaring whether they are Nazis, Fascists or Communists. Those who don’t make the ‘“‘voluntary” statement will be re- ported to the Relief Commission for such action.as it wishes to take.

School Meetings

In Berkeley last month, the School Board after an acrimonious debate granted the Workers Alliance the use of a school auditorium for a public meeting by a vote of 3 to 2.

Oakland Police Trial

As we go to press, the trial of August D. Pierce and Glenn Hancock, Oakland police officers, who are charged with clubbing Fred Fernelius to death while he was held inthe Oakland City Jail, is still in progress.

641 : The A.C.L.U.’s paid-up members and supporters reached the new record of 641 last month.

Threats of Re pression Confronts Nation, the A. C. L. U. Reports

The fear aroused by the war and American involvement in it, has developed the most critical situation confronting democratic liberties in the United States since the World War, the American Civil Liberties Union reports in its annual survey of the status of civil liberties, published last month.-The Union’s general survey is being released as its twentieth annual report to its members in a 72-page pamphlet titled .

“Tn the Shadow of War.” A Wave of Intolerance

“At no period in the twenty years of its existence have the A.C.L.U. and other agen- cies engaged in protecting civil rights been confronted with such an array of threat- ened measures of repression,’’ reports the Union. ‘‘The immediate response to the vast propaganda against ‘fifth columnists’ has been a wave of intolerance against aliens, Bundists and Communists particularly, with a nation-wide outbreak of mob violence against Jehovah’s Witnesses and in Congress the threatened passage of bills of a character unprecedented even in the World War. Added to the federal measures are local enactments and orders, mob violence and hasty formation of citizens’ committees dedicated to stamping out ‘subversive influences.’ ”’ :

Among the gains of the past year, the Union reports a series of favorable decisions from the Supreme Court, activities of the Department of Justice in the protection of citizens’ rights, the reasonably successful operation of agencies for the protection of collective bargaining, the decline of strikes, and the comparatively few cases in the courts involving civil liberties.

No Civil Rights Prisoners

“It is significant still of that steadier state of mind that no Communist or other radical is serving sentence or is even under indictment for any offense involving exercise of civil rights; that only a handful of labor cases are before the courts outside the antitrust prosecutions brought against unions and employers by the Department of Jus| tice; and that the deportations of aliens for political opinions have been almost negligible.”

Up to the recent hysterical outbreaks, the Union encountered relatively few instances of violations of civil rights. Few cases of academic freedom arose in the colleges. Censorship of radios, movies, books and plays ‘‘very happily reached a point lower than in any recent year.”’” Mob violence was reported from only a few scattered areas.

In the field of industrial conflict the Union notes that the decline of violence which was so marked in the past few years has continued. Most of the issues, it found, were fought out before legislatures and in the courts. The only areas in which noteworthy violence took place were Harlan County, Ky., and the agricultural districts of California. .

Aliens Become Scape-goats

Considering the plight of non-citizens in the United States, the A.C.L.U. reports that no minority in American life has been subject to more continuous varied attack dur- ing the last year than the alien population. “The fears aroused by the war, by Com- munist and Nazi propaganda, and the inclination to find a scape-goat—added to hostility by labor to the employment of aliens in a time of unemployment—all combined to produce a drive unmatched in recent years.

Of the minority radical parties, both the Communist and Socialist Labor Parties suf- fered varied attacks during the year. These parties and the Socialist Party, are en- ¢ountering exceptional difficulties in the 2940 campaign in getting on the ballot in the many states which have tightened their election laws.

RIGHT TO COUNSEL ARGUED BEFORE SUPREME COURT

The California Supreme Court on July 24 and 25 heard arguments in the case of Frank §. Connor who charges that his right to counsel guaranteed under the State and Federal Constitutions was abridged in a criminal proceeding for which he is now serving a sentence in Folsom prison. Time was granted for both sides to file briefs, after which the case will stand submitted. No decision is expected until sometime in September or October.

The Attorney General admitted that the court had failed to abide by the statutory requirement that a defendant before arraignment be notified of his right to counsel in every stage of the proceedings, but he contended that such right had been waived by the defendant’s words and conduct. The . record in the case shows that upon Connor’s arraignment the District Attorney and not the Judge asked him whether he was represented by an attorney. “I don’t need any,” he answered. “You want to represent yourself; is that the idea?” continued the district attorney. Connor replied, ‘‘The only thing I like—It don’t make any difference.”

At the trial, when the judge asked Connor whether he wanted to cross-examine the prosecution’s first witness he demanded to know “Where is my lawyer, Judge?” Thereafter, the defendant time and again reiterated his demand for counsel. The court, however, rejected his demand, on the ground that he had waived his right.

The case has already had one trip to the United States Supreme Court, which remanded it back for further proceedings on the application for a writ of habeas corpus. Connor is now represented by A.C.L.U. Attorney Wayne M. Collins of San Francisco.

Fingerprinting of S. R.A. Employees Opposed

» The American Civil Liberties has requested the Board of Personnel Standards and Appeals of the State Relief Administration to rescind its resolution of June 24, requir- ing all employees of the S.R.A. and future applicants for such employment to. be finger-printed.

' Opposition to the finger-printing was grounded on three contentions: “First, that there is no real need for such finger-printing and that it will merely increase the cost of administering relief. Second, that there is no constitutional or legislative authority for the Board or the Administrator to file finger-print records of employees or applicants for employment with the Federal Bureau of Investigation in Washington, D. C., or with any other agency outside the jurisdiction of the State of California. Third, that such finger-printing is another step in the direction of universal finger-printing which runs counter to American traditions of freedom.”

Asserting that “such finger-printing for all practical purposes is superfluous and an unnecessary and wasteful cost of administering relief,’ the Union declared that it could find only one explanation for the Board’s action and “that is the current war hysteria which has led to the recent enactment by governmental bodies throughout the country of legislation, rules, and regulations of a repressive character.”

In citing ten arguments against a system of universal finger-printing toward which. the Board’s resolution was declared to be leading the country, the Union remarked that “there is a danger that the whole populace will be subjected to police surveillance and that under a reactionary or Fascregime it might lead to untold persecu- pion.”

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Sections of New Draft Law Hit

Expressing concern for freedom of conscience, Dr. Howard. K. Beale, of the American Civil Liberties Union filed objections to provisions of the Burke-Wadsworth selective service bill at hearings before the Senate Military Affairs Committee late this week.

The Union emphasized that it takes no stand in regard to compulsory military training in peace or war “‘so long as adequate provisions are included for the protection of the conscientious objector.”’ The proposed draft law, according to the ACLU, duplicates the 1917 war-time act in regard to objectors and leaves the administration of these sections to presidential, regulation, an arrangement considered by the Union as wholly unsatisfactory. In the last war provision was made for other than religious objectors under presidential regulation. The real trouble, as pointed out by the Union, came with the violation of these regulations by military officers.

The Civil Liberties Union takes the position that the proposed draft should provide for other than religious objectors, to be taken care of by law rather than by presidential regulation. Moreover, in the last war civilian service was provided through farm and industrial furloughs, a provision which exempted the conscientious objector from military authority while technically keeping him within it. Some provision for this non-combatant civilian service should be embodied in the present laws, the Union holds.

Objections to Bridges’ Deportation Bill Cited

The American Civil Liberties Union has filed a memorandum with the Senate Committee on Immigration outlining its objections to H.R. 9766, a bill providing for the deportation of Harry Bridges, West Coast maritime leader. The Union’s disapproval is based on the grounds that the measure is an undesirable departure from American tradition and that it is patently unconstitutional.

The Union’s letter declares: ‘‘Never before in our history has an alien accused neither of unlawful conduct nor of unlawful entry been deported. Never before has a particular alien been singled out for deportation by an Act of Congress.. Never be- fore has the Congress allowed political bigotry or the personal enmity of its mem- bers to induce it to suspend as to a given individual, general laws designed to pro- tect him and other individuals; nor has the Congress ever authorized deportation, with- out hearing, without due process of law and ‘notwithstanding any other provisions of the law.’ ”’

The ACLU also reminded the Senate Committee that the measure would constitute a bill of attainder in violation of the first article of the Constitution and that the bill may be considered ‘‘a legislative assumption of judicial magistracy in violation of the doctrine of separation of powers because it does not provide generally for the deportation of persons deemed harmful to the country but only charges that the presence of Bridges in this country is harmful.”

Because the bill denies Bridges a hearing the Union holds that it denies him every rudiment of due process of law guaranteed by the Fifth Amendment.

More Grief for Jehovah’s Witnesses Persecution of Jehovah’s Witnesses continues in California. In Sacramento County, Clyde O. Leydig sought to distribute literature to a woman who responded by pulling his necktie. He defended himself by raising his book bag, but in doing so the bag bumped against the woman’s head and the books were scattered on the ground. On these facts, Mr. Leydig was convicted on a charge of assault,

Exercise of Free Speech Costs The Job of E. R. Nieland

The A.C.L.U. is continuing to press requests for an investigation of the dismissal of E. R. Nieland as8.R.A. director for Butte County, and to protest the grounds for his discharge. On July 5 the matter was presented to Governor Culbert L. Olson in a letter urging him to appoint a responsible person to conduct a full and fair inquiry into the case. Like representations made to Mr. Sydney G. Rubinow, recently appointed S.R.A. Administrator, have elicited his promise to ‘“‘discuss the matter ... with the Board of Standards and Appeals.”

Exercised Constitutional Rights

On June 4 Mr. Nieland had presumed to exercise his Constitutional rights of free speech and assemblage by introducing the speaker, Rajni Patel, at a public meeting held in Oroville under the auspices of the Independence Club of Butte County. For his temerity and Mr. Patel’s remarks on British imperialism, Mr. Nieland was relieved of his job by a curt telegram from S.R.A. Administrative Assistant B. C. Willford, dated June 12, and a confirmatory letter, dated the same day, from a technical field representative, acknowledging that “We regret that your activities have made this move necessary. The news story and editorial in the Oroville Mercury of June 5 are self-explanatory.”

The Reason for the Dismissal

The Mercury-Register news story of June 5 is entitled “Speaker Raps Imperialism of Britain,” and includes the following paragraphs:

“Great Britain is treating the people of India with the same brutality with which Hitler is treating those crushed under German military might, Rajni Patel, represent- ing the Indian youth movement, charged here last night.

“Speaking at the courthouse under the auspices of the Independence Club of Butte County, Patel declared Indians are determined to obtain complete freedom from Britain. ...

“He was introduced by E. R. Nieland, Butte County S.R.A. director.”

The paragraph last quoted above is the only instance in which Mr. Nieland is men- tioned in the entire story. The editorial referred to in the letter of dismissal, ‘An Unsavory Event,” contains no mention of Mr. Nieland whatever. . It does, presumably, reflect the attitude of the community in summarizing the ‘“‘event” thus: ‘“The meeting was open to suspicion as German propaganda, designed to prevent the United — States from going any further in support of the Allies.”

Letter Reflects Local Frenzy

Further reflection of frenzy is patent in a letter in the same issue of the newspaper stating that, “Last night we listened to a tirade leveled against the British ‘Empah’ by a black face comedian, who spoke behind a U. S. flag hung with the blue field to the South, instead of North. His reference to the Bill of Rights, and other institutions, showed he lacked as much knowledge of their intended functions, as his knowledge of the proper use of the flag.

“His reference to the K-K-K trying to educate the negroes was a plain example of the tactics employed by so-called 5th columnists, who seek to foment trouble, and incite class hatred and race riots.

“The intelligent colored population of Oroville, will never fall for a line like that coming from a radical alien, in the pay of, the Lord knows who?

“This community can get along very well without a lot of that stuff. And, as I have often pointed out previously, no alien has any rights under our bill-of-rights, and the right to assemble, speak, etc., can, and should be denied to them.”

Remedy Lies With State Officials

Since county S.R.A. directors are not under civil service and have recently been ex- cluded from the privilege of appealing from dismissals, demotions, and lay-offs to the Board of Personal Standards and Appeals, a the only relief from this obvious injustice lies in an investigation and remedial action by State officials. The Union will continue to urge such action on the ground that the evidence is conclusive that Mr. Nieland is just one more victim of war hysteria which conceives any criticism of Great Britain as Fifth Column activity. It will further urge Mr. Nieland’s reinstatement to his old posi- Hee pen corroboration of the evidence presented.

Attack On Jehovah's Witnesses Mounting

The first clear violation of the federal kidnaping law by assailants of Jehovah’s Witnesses was brought to the attention of the Civil Liberties Unit of the Department of Justice for immediate action recently by Arthur Garfield Hays, counsel for the American Civil Liberties Union.

In a telegram to Henry C. Schweinhaut, head of the federal agency, Mr. Hays presented details of a mob attack on members of the religious sect at Jackson, Miss., and their eviction across the state line to Tallulah, La. At the same time, the A.C.L.U. posted a $500 reward for information leading to the arrest, conviction and imprisonment of those responsible for the violence.

A similar reward was offered at Parco, Wyoming, where a member of Jehovah’s Witnesses was tarred and feathered for distributing pacifist literature and refusing on religious grounds to salute the flag, and at Rawlins, Wyo., where several members were almost lynched. At Tillamook, Ore., twelve persons were driven out of town.

The Union vigorously protested to Governor John W. Bricker of Ohio when police failed to protect from a mob of citizens 27 Jehovah’s Witnesses circulating a petition in Hicksville, O.

Attacks on the cult have been increasing in number and severity throughout the country in recent weeks as result of the wave of ultra-patriotism stimulated by the war crisis.

NEW JERSEY GAG LAW . ASSAILED IN BUND ARRESTS

The New Jersey Civil Liberties Union has taken issue with the New Jersey statute under which three leaders of the GermanAmerican Bund were recently arrested and indicted at Camp Nordland in Andover. The statute governs the wearing of foreign uniforms and the promoting of radical and religious hatred.

The Union contended that the provision of the law affecting promotion of hatred is unconstitutional and “fraught with danger for liberty-loving Americans,” because of its sweeping provisions.

While the New Jersey Union held that promotion of racial and religious hatreds is a grave danger to democracy, it took the position that the statute has been ‘‘so sweep- ingly drafted as to constitute a menace to almost anyone who expresses disagreement with any religious or racial group. Indeed, so unconstitutional and fraught with danger for liberty-loving Americans is the law that it could easily be applied to those who express vigorous opposition to the GermanAmerican Bund itself.”

Her Husband’s Fault

While denying citizenship to Mrs. Julia Szabo “because of insufficient evidence,” Superior Judge Thomas of Martinez is reported to have declared that Mrs. Szabo was ineligible because her husband is a member of the Workers Alliance.

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

APPEALED

(Continued from Page 1, Col 2) tervened in the Edwards case. The Court’s Opinion

The court’s opinion in the Edwards case follows:

“The defendant and appellant herein was convicted in the Justice Court of a misde- meanor, to-wit: a violation of Section 2615 of the Welfare and Institutions Code of this State which reads as follows:

‘2615. Willful act a misdemeanor. 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 misdemeanor.’

“The case is before this Court on a stipulation of facts and the question presented the validity of the statute under which the defendant was adjudged guilty.

“This issue as to the constitutionality of this statute has been exhaustively argued in the briefs filed, including briefs of amicus curiae, and it appears that the higher courts have not as yet had occasion to pass upon such a statute as the one here in- volved. In the numerous decisions cited, dicta is to be found which strongly suggests that such legislation may be violation of the Privileges and Immunities clause of the 14th Amendment in restricting the right of citizens to pass freely from state to state as well as violative of other provisions of the United States Constitution and the California Constitution. 2]

Close Question “The Court regards the question as close

and in view of that, as a trial court, it is | constrained to uphold the statute as a valid exercise of the Police Power of the state of California.

“The question is of importance to the public, considering times and -conditions, and should be finally settled by the higher courts. The present holding of this Court makes possible a further appeal to and review by the courts of higher jurisdiction.

“The judgment will therefore be affirmed and it is so ordered.

Dated: June 24th, 1940. WARREN STEEL, Judge.”

Pennslyvania Court Voids Spivak Extradition

The court contest to prevent the extradition of John L. Spivak, author and investi- gator, from Pennsylvania to Kansas resulted on July 19th in a decision by the Su- perior Court at Pittsburgh denying the claim of the state of Kansas to jurisdiction. The court overruled a lower court which had refused to grant a writ of habeas corus. 2 The A.C.L.U. entered the case when Spivak was arrested in Pittsburgh last March at the request of the Kansas authorities charged with criminal libel of a professor of the University of Wichita, who was mentioned in Spivak’s book, Secret Armies, an expose of Nazi activities. The book was published in New York and Spivak had not been in Kansas. The Union was not concerned with the merits of the accusation, but with the use of the criminal libel law to reach any author in any state where a complainant may reside. The Union pointed out that if the Kansas extradition was upheld any author or publisher might be subject to court action in each and every state of the Union.

The ruling of the court dealt only with the extradition from Pennsylvania, and in- dicated that extradition might properly be sought from the state of publication.

“Alien Registration Act, ny Beco PeEeS Law

On June 28th President Roosevelt signed the Smith “omnibus gag bill,’’ considered by the Civil Liberties Union as the most Sweeping assault on civil liberties by law in years. The new law bears the title ‘“‘Alien Registration Act, of 1940.”

The measure, however, is not limited to aliens. It also punishes any utterances or publications that are held likely to cause disobedience in the armed forces. This pro- vision becomes especially dangerous and far-reaching because the Burke-Wadsworth conscription bill now pending in Congress would compel every male, between the ages of 18 and 64, with a few exceptions, to be registered in the armed forces. As a practical matter, it would seem virtually impossible to keep pacifist and anti-war literature entirely from the hands of the adult male population of the United States. And some court might readily hold that such literature was likely to cause “insubordination, disloyalty, mutiny, or refusal of duty” in the armed forces.

Criticism of Armed Forces Dangerous

One can only speculate on how far the courts will go in applying the law, but it should be borne in mind that during the last war they went to great extremes in curbing what they regarded as language that interfered with the successful prosecution of the war. Any criticism of the conduct of the Army and Navy, especially by radicals, under the present law is now highly dangerous. Some court might conceivyably hold that circulation of the Ten Commandments among the armed forces, because of the Commandment “Thou shalt not kill,’’ was likely to cause disobedience. And the same might be said of the Sermon on the Mount.

The new measure also establishes a fed- eral sedition or criminal syndicalism act, similar to our California Criminal Syndical

OAKLAND POLICE DEFY SUPREME COURT RULINGS IN HANDBILL CASES

Ignoring recent Supreme Court decisions upholding the right to distribute literature without a license, Oakland police on Sunday, July 28, arrested Beatrice Levine and Albert Resman on charges of “peddling without a license.” The ‘“‘peddling” consisted of. selling ‘““Labor-Action”’ and other literature published by the Workers Party. Bail in each case was set at $50.

Although the bail was duly supplied, the police at first refused to release the ac- cused, because of a ‘‘hold order’ placed by the Inspector’s Bureau. The “hold” was ex- plained by the asserted desire of F. B. I. agents to conduct a further investigation. After some wrangling in which it was pointed out that a “hold order’”’ is illegal, the accused were finally released. They will be represented by A.C.L.U. Attorney Clarence R. Rust of Oakland.

ST. LOUIS POST-DISPATCH CONTEMPT CASE TO BE ARGUED IN OCTOBER Arguments on the appeal from the recent conviction of two editorial employees of the St. Louis Post-Dispatch for contempt of court will be heard before the Missouri Supreme Court on October 14. The American Civil Liberties Union has been granted leave by the court to file a brief amicus curiae in behalf of the newspaper. Permission to intervene has also been granted to the Missouri Press Association, representing some 300 newspapers in the state.

The case before the court involves habeas corpus proceedings on behalf of Ralph L. Coghlin, editorial writer, fined $200 and sentenced to 20 days in jail, and D. R. Fitz- patrick, cartoonist, given 10 days in jail and fined $100. Circuit Judge Rowe had objected to two editorials and a cartoon commenting

on the outcome of cases pending before him.

ism Act, punishing expressions advocating the violent overthrow of the government, organizing a group teaching such doctrines, or merely belonging to such a group. The Union maintains that this section, as well as" the one on military disaffection, violates freedom of speech and press.

Strecker Decision Nullified

The Act also nullifies the recent decision of the United States Supreme Court in the Strecker case by making it a deportable offense for an alien at any time after entry to be a member of a prohibited group. Every alien who joined such an organization, even as a boy, or only for a few weeks, perhaps at some time of unemployment, and no matter how long ago, must be deported.

The registration and fingerprinting section of the law applies to every applicant for admission to the United States and to all aliens in the United States 14 years of age or over. It goes into effect on August 27 and at the end of four months or December 27, every alien must be registered. Registration will take place at post offices or such other places as may be designated by the Commissioner of Immigration, possibly schoolhouses. Willful failure to register, or the filing of an application known to con- tain false statements, is punishable by a fine not exceeding $100, or by imprisonment for not more than six months, or both. Any alien convicted more than once of violating the registration provisions of the law is subject to deportation.

‘Aliens must notify the Commissioner in writing “of each change of residence and new address within five days from the date of such change.”’ Failure to give such notice is punishable by a fine not to exceed $100: or by imprisonment of not more than thirty days, or both. These provisions may become highly embarrassing to alien mi qe workers such as Mexicans and Hin‘us. .

NEW JERSEY COURT VOIDS -BAN ON LITERATURE SALE

Freedom of the press was sustained in New Jersey as it applies to street sales of publications, when the N. J. Supreme Court on July 13 voided an Atlantic City ordin- ance requiring a fee and license for the sale of newspapers on the streets. The Court ruling, in line with recent decisions of the U.S. Supreme Court, amplifies leaflet dis- tribution by granting the same freedom to literature sold asthat givenaway. —

The case involved an agent for the Socialist Labor Party, Milton Herder, arrested last October and sentenced to five days in jail for selling copies of a party publica- tion without a permit. The A.C.L.U., in a brief filed amicus curiae, held that the or- dinance unlawfully restricted freedom of the press.

The court said, “Such an indefinite and covert control over the distribution of in- formation and argument is pernicious and wholly at variance with constitutional pro- visions as interpreted by recent and controlling court opinions in both state and nation.”’

NOTICE!

In compliance with Post Office rulings, the A.C.L.U. office may no longer enclose receipts or bills in copies of the NEWS sent out under our thirdclass mailing permit. In order to conserve our finances and to comply with © the regulations, NO RECEIPTS WILL BE SENT ACKNOWLEDGING MONEY ORDERS OR CHECQUES ON PLEDGE PAYMENTS, unless specifi- cally requested. Receipts for silver and currency will be sent to members by first-class mail.

Won’t you cooperate with us to save the expense of repeated billing by first-class mail by sending inyour pledge payments promptly?