vol. 5, no. 10

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, OCTOBER, 1940 No. 10

WHAT WILL HAPPEN TO CO'S?

An Analysis of the Provisions For CO’s Under the Draft Law

With the passage of the unprecedented peace-time conscription law, this country is faced with the serious problem of dealing with the thousands of conscientious persons who for religious, moral, ethical, humanitarian, economic or political reasons are opposed to the bearing of arms. Fortunately, the law provides specifically for some of these people by exempting from “combat training and service” any person who “by reason of religious training and belief, is conscientiously opposed to participation in war in any form.”

No Total Exemption

While the law is more liberal than that enforced during the World War, it does not grant total exemption to the group previded for. If the local draft board upholds the claims of a conscientious objector, he may be assigned to non-combatant serv| ice to be defined by the President (possibly Medical Corp work), or if he is conscientiously opposed to such service, he may be assigned “to work of national importance under civilian direction.” The term, ‘‘work of national importance’”’ has not yet been defined, but it is often associated with forestry and flood control activities. It is possible that even those who refuse all service may be provided for by assigning them to the work they are doing when it is regarded as of “national importance.” That has been the case in England.

Although the law covers only those whose objections rest on “religious training’’—a rather indefinite term, it is thought that the phrase will be interpreted to include nearly all sorts of conscientious objection, except possibly political, as during the latter part of the World War.

Appeals Board Decisions Final Objectors who are dissatisfied with the rulings of the local draft board may take their cases to an Appeals Board to be named by the President. This Board will get recommendations from the Department of Justice which will investigate and hear these cases. It is important now to insure that the Department of Justice entrusts this task to qualified persons in the federal judicial districts—preferably persons appointed by federal judges—and certainly not by agents of the F.B.I. The Appeals Board is not bound by the recommendations of the Department. Its decisions are final.

Conscientious objectors who refuse to accept a decision of the Appeals Board will be prosecuted in the civil courts. But at any time, if ordered to take military service, they may be turned over to the military authorities where they will be tried by court- martial. Objectors who refuse to register are of course in the same position as draft- -evaders, and when apprehended will be dealt with in the same way. The penalty for that offense is $10,000 fine or five years in prison, or both. The Civil Liberties Union advises all objectors to register and to make known their objections at that time, either on the official forms or by filing a letter with the local board.

How To Declare the Objection

It should be understood that the Registration Boards have nothing to do with se- lection of persons for service, or the determination of claims of exemption. The reg- -istrars will fill out the forms in ink in accordance with the answers of the regis-. trants, who will then be required to sign the form. At that time, some notation

(Continued on Page 4, Col. 2)

IS YOUR PLEDGE PAID?

If you pledged a contribution to the Union for 1940, won’t you please send us a check for the unpaid portion NOW—if you can. Our fiscal year ends on October 31, and naturally we would like to clean up this year’s pledges in order to balance our books.

HAS YOUR MEMBERSHIP EXPIRED?

We also want to take the occasion to remind certain persons on our delinquent list to renew their memberships. Please shake off the inertia and send in your dollars. Help build the A.C.L.U.

NIELAND CASE SIMMERS

The case of E. R. Nieland, now four months old, keeps simmering merrily. It will be recalled that Nieland was dismissed as director of the SRA for Butte county because he introduced one Rajni Patel at a public gathering in Oroville on June 4th. Numerous protests were sent to Governor Olson (we don’t know how many reached his desk) and to SRA Director Sydney Rubinow. Now, finally, after four months, both the Governor and Mr. Rubinow have expressed an interest in the case. We hope that the next issue of this paper will carry a story that the matter has been settled to the satisfaction of all concerned.

NO ABATEMENT IN BERKELEY SCHOOL ROW

Developments during the past month in the endless Berkeley School Board row over the use of the schools under the Civic. Center Act for Communist meetings included:

1. The filing of an application by the campus branch of the Y.C.L. for the use of a school on October 11, consideration of which was postponed until the meeting of October 2nd;

2. A request directed to the F.B.I. for information whether or not the Communist Party is a group which advocates the violent overthrow of the government;

3. A public statement by District Attorney Ralph Hoyt of Alameda county that the Board of Education has ‘‘chosen to accept the arguments of the Communists rather than to follow the legal advice of this office;”’

4. The ousting of E. O. Corson, organizer and former commander of Campanile Post N. 402, American Legion, as a member of the post because of his membership in the A.C.L.U.; and,

5. A claim by District Attorney Ralph Hoyt made to William C. James, a member of the Friends Meeting in Berkeley, that Director Steilberg was receiving advice from a Communist attorney, namely, Ernest Besig of the American Civil Liberties Union.

UNION PAYS TRIBUTE TO LILLIAN D. WALD

Recognition of the role of Miss Lillian D. Wald in the movement which led to the organization of the Civil Liberties Union was expressed this week by the Union’s board of directors in a resolution noting Miss Wald’s death. The resolution declared in part:

“In the hysterical days of the World War, Miss Wald, as chairman of the American Union Against Militarism, encouraged the organization of the Civil Liberties Bureau as a department of the Union, created solely for the protection of freedom of speech, press, assembly and conscience. Although the Bureau shortly became independent of the Union, Miss Wald continued to give it her interest and support, remaining a member through all the years up to the time of her death.”

COURT HOLDS RESIDENTS OF MIGRANT CAMPS ARE ELIGIBLE TO VOTE

Superior Judge J. G. Burton of Yolo County on September 25 handed down a decision that residents of Federal Migrant Camps are legal residents of the counties in which the camps are located, and are therefore entitled to be registered. The suit was brought by three residents of the migrant camp at Winters to compel County Clerk Harry Saunders to accept their registrations.

Page 2

Minority Parties Win Right To Appear On Massachusetts Ballot

The rights of four minority political parties to appear on the Massachusetts ballot in November have been upheld by Superior Court Judge Collins’ decision upsetting a Ballot Law Commission decree on August 13 ruling the parties off the ballot. Attorneys for the Massachusetts Civil Liberties Committee aided the political groups in bringing suit.

Those affected by the decision are the Socialist Labor, Communist, Socialist and Prohibition Parties. The Ballot Commission charged that the parties had disregarded a provision requiring the holding of caucuses prior to picking candidates, and that they failed to determine whether delegates to their conventions were registered voters. Candidates were given only 25 minutes notice of the hearings on which the Ballot Commission based its decision.

In his ruling, Judge Collins of the Massachusetts Supreme Court, declared: “TI be- lieve the requirements of the statute per“taining to notice to the candidates is spe- cific and mandatory. The failure of the Ballot Law Commission to give the notice to the petitioners invalidated the proceedings of the Commission and rendered its decree void.”

. Petitions had been brought by several candidates of the affected parties for writs of mandamus to order the Secretary of State to restore the candidates to the ballot. In addition, the Massachusetts Civil Liberties Committee brought a so-called ‘‘voter’s bill” for mandamus against the Secretary of State. The State, it was learned, will not appeal the court’s decision and all the candidates will appear on the ballot.

In Arkansas, the Communist Party filed

a petition in the Pulaski circuit court to compel the Secretary of State to certify its candidates on the ballot. In Youngstown, Ohio, attorneys for the Communist Party fought a court suit to restrain the Board “of Elections from certifying names of signers of Communist petitions.

PREPARE FOR DEFENSE OF OKLAHOMA SYNDICALISTS

-o At the request of the Civil Liberties Union, Stanley D. Belden, Cushing, Okla., attorney, has taken over the defense of twelve Communists arrested in Oklahoma City on charges of criminal syndicalism, six of them because they had allegedly distributed literature advocating overthrow of the government.

Mr.-Belden recently served as defense counsel in a number of civil liberties cases, including several involving members of Jehovah’s Witnesses. In these cases, he has been threatened, mobbed and once thrown into jail.

The twelve persons arrested on the syndicalism charge include Robert Wood, state secretary of the Communist Party. All but one is being held in $50,000 bail.. Max Sparer, of Brooklyn, N. Y., who was visiting a relative in Oklahoma City when he owas arrested, was released on his own recognizance and $1,000 bond on August 31.

PATRIOTEER GIVES FREE LEGAL AID TO ATTACKER OF JEHOVAH’S WITNESSES

‘« Blustering Chester F. Gannon, patrioteer Assemblyman from Sacramento who failed of reelection, is taking on Jehovah’s Witnesses again. At the last regular session of the Legislature he was the unsuccessful sponsor of a compulsory flag saluting bill aimed at Jehovah’s witnesses, and now he has burst forth as the free attorney of Ralph Hypse, who is charged with molesting two Jehovah’s witnesses who were carrying banners in Sacramento. The case is set for a jury trial in the police court on October 14.

“In times like these,”? Gannon is quoted as saying, ‘“‘we’ve got to put our foot down on these people who threaten our very existence.”

Advice To Hlegal Entrants Who Fear Deportation

It was expected, of course, that the registration of aliens under the Alien Registra- ‘tion Act of 1940, which continues until December 26, 1940, would disclose a number of illegal entrants who are deportable. Many of these illegal entrants have hesitated to register because the fact of their illegal entry would thereby be divulged. Yet, if they fail to register, they are breaking the law and subject themselves not only to deportation but prison sentences as well if they are discovered. We have had a number of inquiries from such persons, many of whom do not know where to turn for advice, So we are presenting herewith certain information that might prove help‘ful to anyone in that situation.

Not All Illegal Entrants Deportable

Not every illegal entrant is deportable. Persons who entered the United States prior to July 1, 1924, may continue to reside here and may even become citizens.

If they are persons of good moral character who can establish their unbroken residence in the United States from July 1, 1924, until the present time, they may secure certificates of arrival and file their applications for citizenship. It should be borne in mind, however, that any visit to Canada or Mexico results in a new entry. Consequently, if an alien entered illegally prior to July 1, 1924, but subsequent thereto he visited Canada or Mexico, he becomes for that reason a deportable alien. Nevertheless, there are at least two ways that certain types of deportable illegal en- trants may solve their difficulties. If the alien is married to a citizen, such citizen may apply for the alien’s legal entry, and he will invariably be readmitted on the preferred quota of his native country. This procedure generally requires a brief stay in Mexico or anes usually a couple of weeks.

Provision fos ‘Hardship Cases’’ But the Alien Registration Act itself proCis a remedy for go-called Chardsitip cases.”’ If ‘‘deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien,” the Attorney General may suspend the deportation of such illegal entrant. If the deportation is suspended more than six months, all of the facts and pertinent provisions of law in the case must be reported to Congress at its next regular session, with the reasons for such suspension. If the two Houses pass a resolution declaring that they do not favor such suspension, then the alien must be deported. But if during that session the two Houses do not pass such a resolution, the Attorney General is empowered to cancel the deportation proceedings upon the termination of such session. Upon payment of a fee of $18, the alien’s admission for permanent residence is recorded ‘‘as of the date of his last entry into the United States.”’

War Zone Deportations Suspended

The illegal entrant, who entered subsequent to July 1, 1924, and who is not married to a citizen or has no dependents, seems to have no remedy against deportation. Of course, during the present. war, deportations to the war zone are suspended. Or, if the country of origin has disappeared, deportation cannot be consummated. Also, the Soviet Union has consistently refused to accept the return of persons who have been ordered deported. to that country. But if the deportation warrant can be executed, the Attorney General may allow a person ‘who has proved good moral character for the preceding five years... to depart the United States to any country of his choice at his own expense, in lieu of deportation.” That would take care of the Jews and anti-Nazis-and -anti-Fascists whose lives would be endangered if they were deported to oo many, Italy or Spain.

Removal of Prof. Rugg’‘s Text Books From N. J. Schools Deplored

Declaring that submission to pressure was indicated by the action of the Mountain Lakes, N. J., Board of Education in eliminating from the public schools four text books written by Dr. Harold Rugg, the Civil Liberties Union has lodged an emphatic protest against the ban. The books, which had been used in social science classes for ten years, aroused the antagonism of the local American Legion on the ground they are “propaganda” leading to a change in the American system. The Legion and other agencies have succeeded in barring Dr, Rugg’s books in several other school systems.

In a letter to Harold J. Delchamps, president of the Mountain Lakes Board of Edu- cation, Eduard C. Lindeman, chairman of the A.C.L.U.’s committee on academic freedom said:

“Dr. Rugg’s books have been approved by many prominent educators. The fact that they have been used in your classes for almost ten years would seem to demonstrate their real usefulness. Since they have passed these professional tests, there is no justifiable excuse for dropping them.

“The subject matter of the textbooks is not, of course, extraneous. But it is not nec- essary nor judicious to solicit and welcome the interference of an outside organiza- tion to pass on that issue. The members of the American Legion have no unique facili- ties for deciding what is true Americanism. The Board of Education and your teaching staff, like all other citizens, are equally qualified to judge such matters. Loyalty and patriotism are not the exclusive concern of any one group.”

Nazi film, lock,” ‘Concentration Camp” Chicago Ban On Film, ’Pastor Hall," Lifted

A victory over Chicago’s movie censors was scored last month with the action of | Police Commissioner James P. Allman overruling the censorship board to issue a per- mit for the showing of the British anti“Pastor Hall.” The Chicago Civil Liberties Committee led the fight against the ban.

Based on the life of the Rev. Martin Niemoeller, opponent of the Nazi regime, the film has a prologue by Mrs. Eleanor Roosevelt and is being distributed by James Roosevelt. Refusal by the censorship board to grant a permit for the showing was based on the ground that it “would wield undesirable influence.’? However, the board had previously passed ‘Blitzkrieg in Poland,” official Nazi government film which has been showing in neighborhood theatres for months despite protests by Polish-American groups.

Tra Latimer, executive secretary of the Chicago Civil Liberties Committee, led sev- eral large delegations of protest to Mayor Kelly. Commissioner Allman later appointed a special censor to view ‘‘Pastor Hall” who found nothing “particularly objectionable ”’ in the film. However, a resolution that movie censorship be taken away from the police board was expected to be introduced at the Chicago City Council meeting this week with the support of the Civil Liberties Committee.

Other anti-Nazi films banned in Chicago in recent years included March of Time’s “Inside Nazi Germany,” “Professor Mamand “The Oppenheim Family.”

Many Flag Salute Cases Greet New School Year

With the reopening of the schools this fall the flag salute issue involving Jehov- ah’s witnesses has once again been revived. As usual, the cases have arisen in the smaller communities.

The four daughters of Mr. and Mrs. Carl G. Mort, ranging in age from 8 to 14, have been suspended from the Antelope Valley School, Tehama County, because they refused to salute the flag. The principal is quoted as saying that the children are good : suns and get along well with the other pupils.

At Ignacio, Marin County, Davie and Danny Wendland, just beginning school, -were sent home when they refused to participate in the flag salute exercises. Two Napa grammar school students, Molly, 10, and Billy Franks, 8, have been expelled temporarily from their classes for failing to salute the flag. Expulsions have also occurred around Sacramento, involving not only Jehovah’s Witnesses but another religious group known as The Truth.

The Chico Board of Education recently rejected a petition of Jehovah’s Witnesses that their children be excused from the flag salute, and authorized the Superintendent of Schools, Mr. F. F, Martin, to expel any child who refuses to salute the flag.

| pate in any primary election which | uses or adopts as any part of its party |. follows: |. treason against, the Government of the | added to the Elections Code, to read | or the application thereof to any per

BILL BARRING C. P. FROM BALLOT

The people of the State of California do enact as follows: ’ Section 1. Section 2540.3 is hereby added to the Elections Code, to read as follows: (Ons, 2540.3. Notwithstanding any other “provisions of this code, no party shall be recognized or qualified to partici| designation the word “communist’’ or ' any derivative of the word ‘‘commun- ist.”’ Sec. 2. Section 2540.4 is hereby added to the Elections Code, to read as 2540.4. Notwithstanding any other |} provisions of this code, no party shall be recognized or qualified to participate in any primary election which is directly or indirectly affiliated, by any means whatsoever, with the Communist Party of the United States, the Third Communist International, or any other foreign agency, political party, organization or government or which either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets the overthrow by any unlawful means of, or which directly or indirectly carries on, advocates, teaches, justi fies, aids, or abets a program of sabotage, force and violence, sedition or United States or of this State. Sec. 3. Section 2540.9 is hereby as follows:

2540.9 The Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are qualified to participate in any primary election. Such determination shall be subject to review by the courts in accordance with law.

Sec. 4. This act is hereby declared to be enacted in the exercise of the | police power of this State for the protection of the public peace, safety and general welfare of the residents of this State.

Sec. 5. If any provision of this act, son or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances, shall not be af fected thereby.

Page 3

A.C.L.U. URGES GOVERNOR OLSON TO VETO BILL BANNING C. P. FROM BALLOT

Contending that ‘‘The right to ballot, for every citizen no matter what his economic or political beliefs, is fundamental to our civil liberties and must be preserved at all costs,’’ the American Civil Liberties Union urged Governor Olson to veto the bill bar- ring the Communist party from the ballot.

The Union declared that ‘‘The very essence of democracy is tolerance of minority opin- ion under majority rule, while totalitarianism suppresses political and economic dis- sent. This proposal chooses the road to fascism by denying an unpopular minority the right to express its economic and political views through the agency of the ballot, one of the cornerstones of liberty in this country.”

The Union also charged that the manner in which the measure was presented to and adopted by the Legislature was undemocratic because it was rushed through with such haste that it limited unduly free public expression on the issue. ““The headlong action,” said the Union, “reflects the hysteria that is unfortunately so prevalent throughout the country today.” :

The letter to Governor Olson, signed by Ernest Besig, Northern California director of the A.C.L.U., follows:

Procedure Undemocratic

The Legislature has placed before you for approval a measure which is said to have the effect of barring the Communist Party from the ballot in California. At the outset, we want to take exception to the precipitate manner in which such action was taken. Instead of giving the citizens of this State reasonable notice that the matter was to come before the Legislature, thereby affording them an.opportunity to acquaint themselves with it, the subject was placed on the calendar at the eleventh hour, and the entire issue was then disposed of within forty-eight hours. Such headlong action limiting free public expression is certainly not democratic procedure and only reflects the hysteria that is unfortunately so prevalent throughout the country today.

Proposal Fascistic

Not only was the procedure under which this measure was presented and adopted by the Legislature undemocratic, but the proposal itself is more typical of the totali- tarianism against which it is aimed than of the democracy in whose name it was adopt- ed. The very essence of democracy is tolerance of minority opinion under majority rule, while totalitarianism suppresses political and economic dissent. This proposal chooses the road to fascism by denying an unpopular minority the right to express its economic and political views through the agency of the ballot, one of the cornerstones of liberty in this country.

We hold no special brief for the Communists or any other political party, but we do uphold the democratic right of citizens to express their political views by casting their votes for the candidates of any party. Refusal of a place on the ballot to minority parties may force their followers to use non-political means or compel them to resort to the Trojan Horse tactics that the sponsors of this measure have opposed.

Keep All Movements Above Ground

We think it unwise to close the avenues of legitimate action to unpopular political or economic groups. It will result merely in driving such groups underground where it will take political police and an army of spies and informants to combat their activities. It seems to us that the entire lesson of the democracies of Europe in recent months indicates the sanity and the wisdom of keeping above ground every movement, however much it may be detested or feared.

No doubt the sponsors of this measure are sincere in believing that its adoption will safeguard democracy. But in seeking to suppress communism and fascism it would be disastrous to our democracy to use the weapons which those groups rely upon. Russia, Germany, Italy, Spain and Japan have outlawed political dissent. We are.

doing likewise. If we surrender such liberties at this time in order to fight the dictatorships this country is doomed. Hitler would not then need to conquer us. Totalitarianism would have conquered us from within. » ‘ Therefore, we strongly urge you to veto this bill in the interest of maintaining our democratic processes.

Suggest Recording All Foreign Language Broadcasts in the U.S.

The Federal Communications Commission was urged recently to promulgate a regulation requiring radio stations to have recordings made of all foreign language broadcasts in this country. The suggestion came from the National Council on Freedom from Censorship, an affiliate of the American Civil Liberties Union, which is seeking to clarify issues of censorship on foreign language broadcasts.

Banning of the daily German Hour program of the Einheitsfront (German-American Alliance of Chicago) by Station WHIP in Hammond, Ind., prompted the National Council’s recommendation. In cancelling the paid broadcasts, the station held that the action was taken ‘‘because the German Hour as now presented is of such controversial nature as to make it unacceptable to many Americans.’’

Quincy Howe, chairman of the Council, in a letter to T.A.M. Craven, of the F.C.C., pointed out that his organization disapproves of the discussion of controversial matters on commercial programs. ‘Such programs as under the National Association of Broadcasters code, should be handled on sustaining time with opportunity of discussion for other views,’ declared Mr. Howe. The letter continued:

“The difficulty in dealing with foreign language broadcasts, is that it is often im- possible to ascertain or prove what in fact has been said. Whether a quotation is an accurate report or translation cannot, as a practical matter, be conclusively proved even if scripts are supplied, since there is always the possibility of interpolation. It would seem.to us that one way to meet the problem of foreign language broadcasts is by a regulation requiring stations to have recordings made of all such programs. Such a requirement would very likely, in our opinion, provide all interested persons and government agencies with a record of what was in fact broadcast.”

Mr. Howe requested that hearings be held by the F.C.C. to ascertain the advisability and practicability of required transcriptions.

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

September 14 marked the sixth birthday of the local branch of the A.C.L.U. The history of the work, however, goes back to | the summer of 1926 when Roger N. Baldwin, national director of the A.C.L.U., visited San Francisco. A local committee was formed, aided by a full-time director, which continued to operate until the fall of 1927 when financial difficulties compelled a suspension of operations. Until the 1934 reorganization directed by Chester S. Williams, Attorney Austin Lewis, with the sup- port of a few devoted friends, carried on a single-handed fight in the defense of civil liberties in this area. °

On September 25 five grade school students, all followers of Jehovah’s Witnesses, were ordered expelled from Tulare city schools for refusal to salute the flag.

Page 4

American Civil Liberties Union News Published monthly at 216 Pine Street, San Fran- eiseo, Calif., by the Nerthern California Branch of The American Civil Liberties Union.

Phone: EXbrook 1816 BRNEST BESIG Editor PAULINE W. DAVIES................Associate Editor Subscription Rates—Seventy-five Cents a Year

Ten Cents per Copy. 68

Commercial Handbill Curb In New York Held Invalid

An important civil liberties decision extending the right of street distribution of commercial literature was recently handed down by Judge D. J. Hulbert in the U.S. District Court in New York.

The case concerned F. J. Chrestensen, owner of a former U. S. Navy submarine who has been exhibiting it to the public at a fee in New York harbor. When he submitted to police a handbill advertising his exhibit, a permit was refused on the ground that distribution would violate the Sanitary Code. Thereupon Chrestenson printed, on the reverse side of the handbill, a protest against the Dock Commissioner for refusing his application for docking facilities. Counsel for the city conceded that the protest alone was permissible but that commercial advertising was not privileged. °

Citing the Lovell v. Griffin handbill decision of the U. S. Supreme Court, Judge Hulbert held that no distinction had been ‘made in that and similar rulings between commercial and non-commercial circulars. “The plaintiff,” said the court, “has been deprived of a civil right in distributing an informative circular concerning the loca- tion of his exhibit and soliciting patronage. The ordinance is clearly discriminatory against the business man while affording protection to persons distributing non-com- mercial handbills whose convictions and efforts might be subversive to the welfare of the government.”’

The section of the New York City Sanitary Code dealing with distribution of com- mercial advertising matter was declared invalid.

Protest Move To Suppress Anti-Semitic Speeches in New York

-Mayor LaGuardia was urged by the New York City Civil Liberties Committee recently to deny requests for the suppression of speech-making in Yorkville by Joseph McWilliams, American Destiny Party candidate. A delegation of Yorkville business men had complained to the Mayor that McWilliams’ speeches were harming property values. : | - Writing to the Mayor, Osmond K. Fraenkel, counsel to the Committee, emphasized that the A.C.L.U. was opposed to the principles of anti-semitism and fascism, but maintained that any ban on speech-making would violate civil liberty. The letter de- clared:

“We hope you will treat this matter with the same regard for civil liberties that led you, some time ago, to permit a parade of the German-American Bund. That march, which might have been a martyrdom, turned into a fizzle, owing to your good sense. Similarly a ban on the street meetings of the American Destiny Party would not only be contrary to law; it would provide the speakers with a convincing argument against our form of government.

“The A.C.L.U. shares the concern with which many citizens listen to anti-semitic and fascist remarks. Naturally our own devotion to civil liberties makes us partisans of democracy. But we feel that a ban, under any pretext, would be most unfortunate. The remedy lies not with enforced silence but in more speech from those who would uphold our system of government. When such considerations are at stake, any discussion of harm to realty values becomes most inappropriate.”

The Problem of Conscience | : Under the Peace-Time Draft

(Continued from Page 1, Col 2)

could be placed on the margin of the form indicating that the registrant is a conscien- tious objector. Or, as was pointed out above, a letter could be filed at the time of registration. Persons who appear before the registration boards but refuse to co- operate by giving the necessary information at the same time declaring orally or in writing their conscientious objections will will make themselves subject to prosecu- tion under the Act. Of course, the government may decide to regard such appearance and statement as equivalent to the registration required under the Act, but the objector will have to take his chances on that in the absence of any known regu-. lation on the point.

Where To Get Advice

Some of the points -with reference to conscientious objectors will no doubt be clarified by regulations. under the Act which will be issued from time to time. The Civil Liberties Union is setting up a national committee on conscientious objectors for the purpose of giving legal advice, and also for legal defense in cases that warrant it. The local office of the A.C.L.U. will also be glad to furnish such advice and to direct persons to other committees that have been established by the Fellowship of Reconciliation, W.I.L., etc. to advise conscientious objectors who wish to get legal and other information. The National Board for Conscientious Objectors, has established offices at 2929 Broadway, New York City, to provide other than legal information to objectors.

General Information

Registration under the Act takes place on Wednesday, October 16. All persons who on that day are between the ages of 21 to 36 must register. Thus, anyone who becomes 21 on October 17 will be excluded, but may be compelled to register at some later time, because the President is authorized to require further registration. Persons who attain the age of 36 on October 16 are not required to register.

All aliens are required to register, but only aliens who have declared their inten- tion to become citizens will be subject to service.

Persons will register at the places where they are residing. Therefore, the student from Arizona who is taking work at U. C. will register in Berkeley. Also the person who is too sick to appear at the registration place will be allowed to register by proxy.

The Number of CO’s

No estimate can be made of how many men will register as conscientious objectors under the present law, but it is quite likely that the figure will exceed that of the World War, because many of the more prominent Protestant churches have recently taken a stand in support of conscientious objectors and have even registered them. The denominations that have done so include: Methodist Church of America, 1939; Disciples of Christ, 1938 and 1939; the General Council of Congregational and Christian Churches, 1939; Protestant Episcopal Church, 1934 and 19387; United Lutheran Church in America, 1940.

During the last war, of the 2,810,296 men who were drafted, 65,000 (excluding those who refused to register) entered claims of conscientious objection. Almost 4000 continued their protests after military assignment, and of these 75 per cent were members of religious sects whose tenets forbade participation in war. More than one-half of the whole number were Mennonites, while the balance tame from the Quakers, the Dunkards, the International Bible Students (now known as Jehovah’s Witnesses), the Israelites of the House of David, the Church of Christ, the Church of God, the Seventh Day Adventists, the Pentecostal Assembly, and a handful of even smaller groups.

World War CO’s

While the World War conscription law limited conscientious objectors to members of ‘‘any well recognized religious sect or organization” that prohibited its members from participating in war in any form, persons who had no direct religious affiliation and yet held sincere religious scruples | against war, or who were “rationalists,”’ in the latter part of the war received the same treatment as the strictly religious objectors protected under the law. Such persons were assigned to noncombatant service and toward the last of the war they were — S given the benefits of the furlough law under which they were assigned to farm work and in a few cases to the Friends’ Reconstruction Unit in France.

Five hundred and four conscientious objectors were court martialed. According : to estimates, 280 were religious sectarians, — 80 were non-affiliated Christians, and the remainder were “rationalists” and politi cals (including Socialists, Anarchists and | ““Wobblies’’). The large majority of these men were court-martialed because they re- fused any of the alternative services offered them. However, some were politicals who were not given the privilege of choosing any alternative.

Stiff Sentences for ‘“‘Absolutists” All but one of the 504 court-martialed objectors were found guilty and very severe sentences were meted out to most of them. Seventeen men were sentenced to death but the sentences were later commuted, and by November, 1920, the last of the conscientious objectors had left prison.

The Hoff brothers, Mennonites, died of mis| treatment in Alcatraz prison, another ob- jector committed suicide, while a fourth became insane. ;

It is interesting to consider what has happened to the conscientious objector in Eng- land during the present war. Operating under a much more liberal law than our own (total exemptions are permitted), the record shows that of the 3,500,000 men registered up to July 138, 1940, only 48,000, or less than 114% registered as conscien— tious objectors. Of the 16,601 cases which have come before the local boards only 1,450, or 11 per cent, of those examined were granted total exemption.

FIFTH LYNCHING THIS YEAR; OTHER CASES SUSPECTED

The vulture-picked body of 27-year-old ie Jesse Thornton, fished out of the Patay-. lagga River recently near Luverene, the county seat of Crenshaw County, Alabama, not far from Tuskegee Institute, was the answer given by the N.A.A.C.P. to Senate Majority Leader Alben Barkley’s continued refusal to bring up the Federal Anti-lynching bill, because the consideration of defense measures “fare more important” at — this time.

The death of Thornton, who was lynched by a police-led mob because he had ‘“‘for-— gotten” to refer to a white police officer as “Mr.”’, marked the fifth authenticated lynching this year investigated by the Association. Investigation of other uncon- firmed lynchings is under way. They are. the following:

March 20: Tutwiley, Miss.: Edward — Swiney Cook, Negro, was killed by three white men; May 17, Wewahitchka, Fla.: Joe Griffin, jailed, May 11 for writing a white girl, later released for safe-keeping, body believed to be his found in a ditch on May 16; May 22, New Roads, La.: “Booster”? Williams, 19-year-old Negro boy, beaten to death by white boss who paid attention to Williams’ girl; June 4, Mansfield, La.; Willie Keys, said to have been beaten to death by a mob after fight with white foreman.