vol. 5, no. 11

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, NOVEMBER, 1940 No. 11

ALIEN READS WRONG PAPER

Denial of Citizenship Upheld For Reading Communist Sheet In 1932

An appeal will be taken to the State Supreme Court from the decision of the District Court of Appeal in San Francisco upholding a denial of citizenship to George Bo- gunovich of Cupertino on the ground that he is “not attached to the principles of the Government of the United States.”” The unanimous decision of the District Court, writ- ten by Judge Spence and concurred in by Presiding Judge Nourse and Judge Sturtevant, declared that the record shows “sufficient facts and circumstances” to cast a doubt on the petitioner’s claim of attachment to our form of government.

Read Radical Paper Eight Years Ago

These “facts and circumstances” referred to by the court reduce themselves to testi- mony given by Bogunovich that for two. years he subscribed to a weekly Jugoslavian Communist paper called “Rodnik.” He testified further that his subscription expired some time in 19382, and since that time he had not received the paper. Declared Mr. Bogunovich, “I didn’t think nothing of it to read that paper.” He was mainly interested in a continued story and “never read anything to overthrow the American form of government.”

No evidence was introduced by the Government to show that the alien was in any way, at any time, connected with a radical organization, or that he has even read radical literature since 1932. In fact, not one witness was called to testify against Bo- gunovich. On the other hand, seven of his neighbors declared in effect that he was attached to the principles of the Constitution and would make a good citizen.

Has Lived Here 31 Years

George Bogunovich is 49 years of age. He came to this country from what was once Austria but is now Jugoslavia, on July 29, 1909. He has lived in the United States for 31 years, and in Cupertino, California, since 1918. He has been married for more than 20 years and has a fourteen-year-old daughter. He is employed as an agricultural laborer at a wage of 35c an hour, and is Secretary of the Croation Fraternal Union Branch in Cupertino.

On the appeal, the Government challenged the right of the court to hear the case, contending that appeals in naturalization cases arising in State courts may not be heard by State appellate courts. While the issue was new in this State, the court held that it had jurisdiction of the appeal.

The Bogunovich case is being handled by A.C.L.U. Attorney Wayne M. Collins of San Francisco.

MEMBERSHIP IN PA. BAR REFUSED COMMUNIST FELLOW-TRAVELLER

The United States Supreme Court on October 21 declined to review a lower court decision upholding the refusal of the Pennsylvania State Bar to register Morton David Bluestone because he was a member of an organization which included Communists.

ACADEMIC FREEDOM HIT BY HATCH ACT RULINGS

In an opinion submitted to Pres. Robert G. Sproul of the University of California, John U. Calkins, Jr., attorney for the Board of Regents, declared that the Hatch Act applies to employees of the University, and, among other things, stated that “It would seem to go without saying that faculty members should avoid classroom opportunities to express with partisan emphasis their views as to political candidates or causes.”” Subsequently, the U.S. Civil Service Commission ruled that the Hatch Act applies to universities supported in part by federal grants. Thereafter, the A.C.L.U., in the following statement, offered to defend any professor whose expressions in the classroom are held to bring him within the prohibitions of the Hatch Act:

‘The American Civil Liberties Union has considered recent opinions holding that the so-called Hatch Act, as amended, applies to employees of universities supported in part by federal grants, and especially that the law limits the expression of opinions by faculty members in the classrooms. If such an interpretation is correct, it would mean that academic freedom is to be curtailed under the guise of ‘preventing pernicious political activities.’ While it is generally conceded that such a result was never intended, if a case should arise we stand ready to defend the victim. Until this point is clarified, we hope that no university will undertake to enforce the provisions of the law as thus interpreted.’’

FAR-REACHING LABOR DECISION IN FAMOUS HOWARD CASE

The State Supreme Court’s far-reaching 4 to 3 decision in the famous Howard and associated labor cases is not yet available in printed form so we have not had an op- portunity to analyze the voluminous decision for our readers. At the same time, we are reluctant to draw conclusions from excerpts of the opinion appearing in the press that have been torn from their context.

But this much appears certain: 1. Peaceful picketing, so long as it is truthful, is legal even for organization purposes; 2. Closed shop contracts are not barred by the California Labor Code; 3. The secondary boycott is legal.

Union Condemns Ousting Of Kenneth May By Regents

Kenneth May, teaching assistant in mathematics at the University of California, was dismissed from his post by the Board of Regents on October 11 because of his mem- bership in the Communist Party. In discharging him, the Regents carefully -prevented any legal action by paying Mr. May’s salary until the end of the current school year, the term for which he was appointed. ‘Membership in the Communist Party,” said the Regents in explaining their action, “is incompatible with membership — in the faculty of a state university.”

The A.C.L.U. condemned the dismissal , as a flagrant denial of academic freedom. |

It charged the regents ‘with imitating the — i totalitarian universities by imposing political tests for faculty members, and with | impairing the morale of the entire university faculty. .

“It has not been asserted,” declared the Union, “that Mr. May was not a capable teacher of mathematics, or that he in any manner sought to intrude his political beliefs into the classroom, if that were possible in a mathematics course. His only offense is that he holds political opinions that are unpopular in the community and highly distasteful to the regents. No reason exists why teachers out-of-school should not enjoy the same freedom to express their opinions as other citizens without being called upon to give an accounting of their views to their superiors.

“The regents’ action is tantamount to establishing political tests for teachers at the State University. If that can be done, religious and racial requirements may like- wise be imposed.

“While such action was taken in the name of democracy, we submit that it finds its counterpart in the totalitarian countries which have ruthlessly eliminated dissenting scholars. Certainly, if democracy means anything, it means that our university teachers have the right to disagree politically with the regents.

“The action of the regents is bound to have unfortunate consequences for the morale of the entire faculty of the State University. It must now be plain to them that they are free to say what they think only so long as it coincides with the opinions of those in authority.” :

BERKELEY SCHOOL BOARD STICKS BY ITS GUNS

By a vote of 4 to 1, the Berkeley Board of Education last month continued its cour- ageous refusal to discriminate against any group applying for the use of the schools under the Civic Center Act.

Also, G-Man Edgar Hoover advised the Board that his files were confidential and he could not, therefore, reveal any information in his possession about the Com munist Party.

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Information For C.O.'s Under the Draft Law

Conscientious objectors under the draft law will not have such claims examined by local draft boards unless there are no grounds of deferment. Selective Service Regulations provide specifically that in the case of a C. O., “‘the local board shall proceed in the ordinary course to classify him upon all other grounds of deferment and shall investigate and pass upon his claim as a conscientious objector only if, after physical examination, but for such claim he would have been placed” in one of the classes that are subject to call.

Special Form For C. O. Claims

Once a C. O. receives his questionnaire from the draft board he ‘“‘shall offer infor- mation in substantiation of his claim on a special form (Form 27) which when filed shall become a part of his questionnaire.” The special form will be provided by the local draft board upon request.

A registrant has five days in which to return the questionnaire, beginning the day after it is mailed by the board. At the same time he should file any “documents, affi- davits or depositions” in support of his claim. The board has power to extend the time for filing the questionnaire if “necessary affidavits cannot be secured in 5 days.”’ Also, the board has the power to subpoena witnesses and records, if it wishes to do so.

Tf the Board decides that the registrant’s claim is sincere and that he ‘‘is not con-. scientiously opposed to non-combatant service in which he could contribute to the health, comfort and preservation of others, the local board shall determine that the registrant is available for non-combatant service only.” If the registrant is conscien- tiously opposed to such non-combatant service, he will be placed in “Class IV-E: Conscientious objector available only for civilian work of national importance.”

Appearance In Person

+Within five days after ‘Notice of Classification” is mailed by the Board, the reg- istrant may request “in writing’ an opportunity to appear in person before the local board, in order to enter objections to the classification. At that time he may intro- duce new evidence in the form of his oral testimony and “documents, affidavits or depositions.” 4

If the registrant is dissatisfied with the board’s ruling he may within five days take an appeal to the Appeal Board. That is done by appearing at the office of the local draft board and making such a written request at the appropriate place on the reg- istrant’s questionnaire.

The Appeal Board must first consider whether there are grounds of deferment before it considers conscientious objections. If there are no grounds for deferment, then the case must be referred to the Department of Justice, which, after investigation and a hearing of which the registrant will be given notice, will make a report of its findings to the Appeal Board. The latter need not follow the Department’s recommendation but may make its own decision.

The Appeal Board may send a case back to the local draft board for the purpose of securing further evidence. After the evidence is taken, the local board may make a new ruling from which an appeal can be taken.

Union Will Not Test Act

The American Civil Liberties Union will not participate in a court test of the Selec- tive Service Act, nor will it aid any cam> paign in behalf of repealing the act. In the opinion of Arthur Garfield Hays, the Union’s general counsel, “Supreme Court de- cisions have interpreted the Constitution in such broad language as to unmistakably indicate that Congress has the right to conscript men. In cases which did not deal with conscription it has also indicated that peace-time conscription is constitutional. It is evident that there is not the remotest possibility of having the Selective Service Act declared unconstitutional and any suit to

ACLU Statement In Regard To Conscientious Objectors

It is of the essence of civil liberty that no citizen should be compelled by law to perform any military act which violates freedom of conscience. The most vital conflict between conscience and government arises under conscription for military service, whether in time of peace or war. On the one hand the Supreme Court of the United States has established the principle that every citizen is liable in war—and presumably in preparations for war—for whatever service Congress may impose. On the other hand, there are sects and individual citizens who claim exemption from military service on the traditional ground of freedom of conscience.

Union Urged Recognition of Rights of Genuine C. O.’s

While the American Civil Liberties Union took no position on the military service act, it advocated recognition of the rights of conscience in terms to include all genuine conscientious objectors, and with provisions to put them under civilian, not military, authority, and with varied opportunities for noncombatant or civilian service, and in appropriate cases total exemption. The provisions advocated by the Union were those now in effect in Great Britain and supported by practically every interested American agency.

No conflict between conscience and government has marked the conduct of the war in Great Britain, and no genuine conscientious objector has suffered imprisonment. The issue, insignificant when conflicting claims are adjusted, has been disposed of, as it should bein the United States.

Provisions For C. O.’s Not Broad Enough

But unhappily the military service act leaves considerable doubt as to whether other than religious objectors will be recognized; and it makes no provision whatever for any total exemptions from service. By regulations the non-religious objector may be recog- nized, as in the World War. It may be possible to secure assignments of objectors who oppose all compulsory service to their own jobs—thus preventing their imprisonment. That has been done in England.

It is clear that only the most liberal interpretation of the law will avert the con- flict and controversy which arose in the World War, resulting in the imprisonment of hundreds of conscientious objectors.

The American Civil Liberties Union is interested solely in protecting the legal rights of conscientious objectors, in a liberal administration of the law, and in avoiding the unjustified commitment to prison of men of genuine conscience. It is not opposed to the military service act. It does not encourage conscientious objection.

National Legal Service Established In order to protect the rights of objectors the Union hag established a legal service under a National Committee on Conscientious Objectors composed of persons in public life of varying attitudes toward compulsory military service. The Union will not give secretaries. advice to conscientious objectors as to what course to take, but will explain the consequences of refusal to obey the law at one point or another. challenge it would be futile.”

The Union emphasizes that it took no position on the military service act but is “‘interested solely in protecting the legal rights of conscientious objectors, in a liberal administration of the law, and in avoiding the unjustified commitment to prison of men of genuine conscience.”

Special Appeals Board Urged

The A.C.L.U. has urged the appointment of a central special appeals board to unify the treatment of conscientious objectors throughout the country. At the same time, the Union contended that members of religious groups who oppose all ‘unjust wars” rather than all war, as well as political objectors opposing conscription on principle, should be recognized as sincere conscientious objectors. The Union’s views were expressed in a letter to the acting draft director.

The national office of the A.C.L.U. has organized a special national committee on conscientious objectors of which Ernest Angell, former commander of an American Legion post in New York is chairman. Whitney North Seymour, former Assistant U. S. Solicitor General, is counsel, and Chauncey Stillman and Harrison DeSilver, Prominent members of the Committee include Bishop G. Bromley Oxnam, Bishop Edward L. Parsons, Dr. Harry Emerson Fosdick, Rabbi Sidney Goldstein and Dean Christian Gauss.

SOCIALIST PARTY MAY BE DENIED PLACE ON CALIFORNIA BALLOT

The Socialist Party may be barred from the California ballot by virtue of the recent ballot ban against the Communists. In a letter to Gov. Culbert L. Olson, John Haynes Holmes, Chairman of the National Board of the A.C.L.U., points out that the law excludes any party ‘‘which is directly or indirectly affiliated ... with any other foreign agency, political party, etc.’”’ Since the Socialist Party is a member of the Second International, which, like the Third International, is a federation of political parties, it can readily be construed as a “foreign agency.”

In a radio message explaining his approval of the bill, Gov. Olson claimed it — would not be applied to the Socialist Party because nobody would think of denying ita place on the ballot. ““‘We don’t see how you can reach that conclusion under the law,” declared Dr. Holmes. “If the law had been confined to the words ‘Communist Party’ and ‘Third International’ such damage as might be done would be confined to that movement. As the law now stands any foreign connection is penalized.”

COURT HOLDS LABOR BOARD RULING VIOLATES EMPLOYER’S RIGHT TO FREE SPEECH

During the past month the United States Circuit Court of Appeals considered the question of an employer’s right to freedom of speech under the National Labor Rela- tions Act. It had before it the famous Ford Motor Company case involving the distri- bution by the Ford Company to its River Rouge plant employees of a certain “Ford Almanac,” and a pamphlet entitled, “Ford Gives Viewpoint on Labor.” The Labor Board issued an order commanding the Company to cease and desist from “‘circulating, distributing, or otherwise disseminating among its employees statements or propaganda which disparages or criticizes labor organizations.”

The court decided that the distribution of the anti-union pamphlets did not constitute . an unfair labor practice because the Company was merely exercising its right to freedom of speech. “Nowhere in the National Labor Relations Act,” says the court, “‘is there sanction for an invasion of the liberties guaranteed to all citizens by the First. Amendment.” The court found nothing coercive in the language of the literature nor in its manner of distribution.

646 As we go to press, the A.C.L.U. has 646 members and contributors in good stand- ing.

Let Freedom Ring

Vigilantism in Grass Valley

In Grass Valley and Nevada City, during the past couple of months members of Je- hovah’s Witnesses have been subjected to terrorism by local vigilantes. So far there have been only threats of bodily harm and actual surveillance as they distributed their literature. Also, automobile loads of vigilantes have prowled about people’s homes and the headquarters of the organization. One of the vigilantes has been identified.

‘“A-Hunting We Will Go”

.San Diego and Imperial County Legionnaires recently adopted a resolution demanding a legislative investigation of State universities and colleges in order to ferret out and discharge faculty members holding “communistic and subversive views.” The resolution is credited to the Kenneth May and Max Radin incidents.

Bridges and “Times”? Cases Argued

The United States Supreme Court on October 21 heard final arguments in the Harry Bridges and Los Angeles Times contempt of court cases in which the A.C.L.U. has filed briefs. The “Times” was adjudged guilty of contempt for a series of editorials commenting upon various cases pending in the Los Angeles Superior Court. Bridges was held in contempt because of newspaper publicity given to a telegram which he sent to Secretary of Labor Frances Perkins caustically criticizing a decision by Superior Judge Reuben Schmidt appointing a court receiver to take charge of the union hiring hall at San Pedro.

The Legion Finds A Witch —

Martin Flavin, famous playwright, has been refused membership in the Carmel Post of the American Legion on grounds of “un-Americanism.” Undaunted, Flavin declared that the men who made the charge “represent. a dangerous and subversive element, an ulcer in the social body.”

Criniinal Syndicalism Prosecutions

Criminal syndicalism, criminal anarchy and sedition statutes are enjoying a new vogue. In Oklahoma last month; Robert Wood, State Secretary of the Communist Party, was sentenced to 10 years in prison and a $5000 fine for distributing communist literature. Eleven others are held for trial on the same charge.

Commonwealth College at Mena, Ark., was recently fined $2500 on criminal anarchy charges and has appealed the conviction.

In Fulton County, Ill., four Chicagoans have been indicted for criminal syndicalism. They were arrested for soliciting signatures in Lewiston, II]l., to place the Com- munist Party on the Illinois ballot.

In Pontiac, Il., while soliciting signatures to Communist Party election petitions, three Chicagoans were arrested on charges of disorderly conduct. The charges were later dismissed and they were re-arrested and charged with criminal syndicalism.

The A.C.L.U. is assisting the defendants in all of the aforementioned cases.

Universal Registration

It is worthy of note that since the passage of the Alien Registration Act a campaign has developed for the enactment of a “Universal Registration”’ law, requiring all United States residents to be registered and fingerprinted. In San Francisco, the Board of Governors of the Commonwealth Club has requested its Immigration and Ameri- canization Section to defer its current study in order to prepare a quick report on UNI- VERSAL REGISTRATION. We don’t know the reason for all the hurry, but it is our guess that someone is taking advantage of the current hysteria to impose a little regi- mentation on the people.

Contributions Solicited Now

To Fill $4.000 Budget For *4.1

The local branch of the A.C.L.U. again turns to its members and friends for financial support to carry on its work for another year. With a budget fixed at the familiar figure of $4000 (about $333 a month), to meet the expenses of the fiscal year ending October | 31, 1941, the Union urges its supporters to CONTRIBUTE OR MAKE A PLEDGE NOW!

During the past twelve months our 644 active subscribers contributed about $3800

Gov. Olson Signs — C, P. Ballot Ban

Governor Culbert L. Olson on October 8 disappointed supporters of civil liberties by signing the bill barring from participation in California primary elections any party “which uses or adopts as any part of its party designation the word ‘communist’ or any derivative of the word ‘communist,’ ’’ and, specifically, any party “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... or which either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the Gov- ernment of the United States or of this State.”’ Governor Olson sent the pen with which the bill was signed to the Los Angeles Council of the American Legion.

In a special radio address setting forth his reasons for signing the bill, the Gover- nor insisted that the measure in no way impairs civil liberties. He contended, on the other hand, that the Communist Party should be disqualified because ‘it is the agent of a foreign government and as such a no right to a place on an American batot.

The A.C.L.U. had urged the Governor to veto the bill because “The very essence of democracy is tolerance of minority opinion under majority rule.” The Union pointed out that refusal of a place on the ballot to an unpopular minority may force it to use non-political means, and that suppression results inevitably in driving such groups underground where it will take political police and an army of spies and informants to combat their activities.

NO CRIME TO ASSAULT JEHOVAH’S WITNESSES IN SACRAMENTO

Ralph E. Hypse, Sacramento ex-serviceman, was acquitted on October 15 of charges of disturbing the peace brought against him by two members of Jehovah’s Witnesses. The complainants, A. O. Breece and Celestine Troweller charged that Hypse accosted them while they were distributing literature opposing armaments, called them Nazi agents, Communists, and Fifth Columnists, and tore their signs, and attempted to incite a crowd of 150 persons to violence against them. The defendant admitted the attack.

Hypse was defended by Chester F. Gannon, Legionnaire ex-Assemblyman and sponsor of an unsuccessful compulsory flag salute bill in the last Legislature, who volunteered his services in Hypse’s behalf. Several times during the course of the trial Gannon had to be warned by Police Judge McDonnell against his frequent references to the religious teyets of Jehovah’s Witnesses, whom he called ‘‘a menace to the country,” and ‘‘a subversive body which should not be tolerated.”’ Their pamphlets, Gannon insisted, were ‘propaganda, poison, and bunk,” and any attack upon them was, therefore, in the interest of Americanism. to the Union, or $200 short of our requirements. By pinching, we have lived within our income. Won’t you please examine the budget below and ask yourself, whether you should not add fifty cents or $1.00 to your subscription in order that the Union may finally raise its meager budget. :

No Emergency Appeals

Don’t forget that the Union is committed to the policy of NO EMERGENCY AP. PEALS. We pledge ourselves now, as we have in former years, that if you contribute NOW for the year’s work, no further appeal for funds will be made for another year. =

Subscriptions at this time serve to place the organization on a business-like footing, and concentrate our fund raising activities — so that there is a minimum of interference with our effectiveness in handling civil liberties issues.

-How Much Should I Give?

How much should you pledge or contribute? If possible, we again ask each sup-. porter to give $15 a year. If you can give more, we hope you will do so. We really need some $50 and $100 contributionsfrom those who can afford them. ‘hen, sending = = = -as much of your pledge as is convenient, or the entire amount, will save us the cost of future billing. Won’t you please fill out the enclosed pledge card and return it to us without delay? :

NO OBLIGATION is incurred by your: pledge that cannot immediately be withdrawn. We call your attention to the enclosed pledge card which reads, “I reserve the right to terminate this pledge whenever I see fit.”’

Of course, the appeal is not directed to those who have already made pledges or contributions for the fiscal year that is just beginning. If anyone is in that class, or if he needs money as badly as the A.C.L.U., | please ignore the request for funds. We understand full well that many of our supporters can afford only the minimum dues | of $2 a year.

The Budget

Following is the budget adopted by the Executive Committee:

Salaries 0.20 $2220 Printing and Stationery........... 780 Rent 2 2 330 Postage. = = =e 300 Telephone and Telegraph....... 100 Furniture and Equipment........ 61 Traveling = 2. 100 Publications. 4 35 Miscellaneous .....0.........-.2ccee0c---50 Taxes 2 24 ‘Totale = ..$4000

PENDING LEGAL ISSUES

The application of Frank S. Connor, Fol-. som prisoner, for a writ of habeas corpus, on the ground that he was denied the right of counsel at his trial, has been under con- sideration by the State Supreme Court for’ the past two months.

The record in the Edwards case, testing the right of a citizen to move freely from State to State, has been transmitted to the U. 8S. Supreme Court. The case will be docketed for a hearing in the near future.

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American Civil Liberties Union News

Published monthly at 216 Pine Street, San Francisco, Calif., by the Northern California Branch of The American Civil Liberties Union.

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

Ten Cents per Copy.

Bill To Register Political Agencies Becomes Law

Rep. Jerry Voorhis of California early this year introduced a bill in Congress re- quiring all political organizations having foreign connections or ‘‘whose policies are determined in collaboration with a citizen of a foreign state’ to register within 90 days. Criticism of the measure prompted Voorhis to withdraw and re-draft the proposal so that as recently signed by the President, it exempts religious, charitable, scientific, scholastic, academic and artistic organizations.

In addition to supervision of political organizations with international connections,. the bill requires registration of all organizations engaging in military activity, with or without arms. This provision is intended to reach such organizations as the Silver Shirts and the German-American Bund, but it has been protested even by the Veterans of Foreign Wars, who figure that it will cover them.

While the law is allegedly aimed at the Communist Party, the Bund and Italian Fascist organizations, according to the A.C.L.U., it might well include the Socialist Party, all trade unions with connections in Canada engaging in any political activities, the English Speaking Union, Latin-American organizations, and agencies aiding the Chinese government.

The rigid supervision required would practically outlaw organizations coming within its scope. Particularly objectionable, according to the Union, is the provision that names and addresses of all dues-paying members must be kept continuously on file, and the minutes of all meetings—even of all branches. Also required to be filed are copies of each book, pamphlet, leaflet or other publication issued; detailed financial information, etc. Violation is punishable by five years imprisonment or $10,000 fine or both.

OREGON ANTI-PICKETING LAW HELD UNCONSTITUTIONAL

Oregon’s anti-picketing law, adopted by means of the initiative on November 8, 1938, at the time California and Washington were rejecting similar measures, was held unconstitutional by the Oregon Supreme Court in a 5 to 1 decision on October 22. The A.C.L.U. had filed a brief in the case prepared by Osmond K. Fraenkel of the New York bar.

The measure, sponsored by the Associated Farmers of Oregon, forbade picketing in labor disputes not defined in the law and prohibited all industrial controversies ex- cept those in which the parties were in the direct relation of employer and employees. Unions were also prohibited from collecting dues beyond the “legitimate require- ments” of the organizations.

PROPOSED ANTI-LOITERING LAW IGNORES RIGHT TO PICKET

The City Council of San Mateo is considering a novel anti-loitering ordinance under which “certain industries essential to the national defense” could prevent “‘loiter- ing” around their properties by posting signs at intervals of three hundred feet. To come within the law’s prohibitions, however, the loiterer would have to have in his possession “any explosive, tool, or device, -of whatever character capable of doing harm or damage to any structure,” etc.

Since pickets are often “armed” with signs on wooden standards or carry other “devices” capable of damaging a plants structure or machinery, labor forces are demanding an amendment to the proposal specifically excluding any application of the law to labor disputes.

The Renascence of Col. Henry Sanborn, Alias, “Mr. Winters”

The dual renascence of Col. Henry Roble Sanborn and the COAST Magazine marks the stumbling re-entry of a once colorful figure into the local red-baiting business. In the September issue of COAST, the first since its reorganization under “COAST As- sociates,”’ the Colonel explains that his absence from the arena for the past two years -was due to an attack from an unknown assailant in December, 1938, who delivered “a jiu-jitsu blow on the left side of my neck | which paralyzed my right side” and, “‘my non-appearance at Harry’s (Bridges) trial maybe due to the fact that... during his trial I was learning to walk, talk and write again.” COAST simply died and was resurrected, without benefit of jiu-jitsu.

A Front Page Sensation

As a matter of record, the San Francisco CHRONICLE for December 31, 19388, under the huge banner line, “SENATE PROBERS | FIND COL. SANBORN, KNOWLES! LAFOLLETTE MEN END TWO MONTHS THRILLING SEARCH; SANBORN, HE WROTE THE KNOWLES’ REPORT TO DIES,” tells how Sanborn was served with a subpoena at Fort Miley hospital where he was receiving treatment for a “‘fall from a horse” incurred during the two months he and Knowles, notorious Chairman of the American Legion Subversive Activities Commission whose testimony before Dies was repudiated by the Legion, hid out in the Trinity Alps under assumed names in an effort to escape government probers.

At the time of his discovery in Fort Miley hospital, Sanborn indicated that he might have a recurrence of the amnesia he suffered from the fall should he be required to testify before the LaFollette Committee. Without, however, warning its readers that the Colonel may be suffering from amnesia or the jiu-jitsu blow, or both, COAST gives the following biographical introduction to its star contributor:

“During the first World War, he served as Captain in the Canadian Expeditionary Force. When the U.S. entered the war, he transferred to the A.E.F., commanding the Second Battalion, 18th Regiment. Later he became Major and Adjutant of the 16th Brigade. From 1921 to 1924, he served as an officer in the U. S. Navy, then resigned to enter civil life and accepted a commission as Major in the Infantry Reserve.

Since then his military service has been outstanding.”

“Soldier Of Fortune”

This is quite a send-off for the ‘“‘Colonel,” but the old LITERARY DIGEST’S summary of Sanborn’s career is closer.to the facts than the COAST’S version of the amnesia victim’s activities.

“Who was he?” asked the DIGEST, “A soldier of fortune, who SAID he served as chaplain with both the Canadian and American Expeditionary Forces in France, a reserve officer, a whilom Episcopal rector who was unfrocked by his Bishop for a juicy morals crusade in Alaska, the Editor of a weekly called American Citizen, published, in the language of its masthead, ‘in order that Fascism may not become necessary to prevent Communism becoming a reality.’ ”

Sanborn’s Messianic Mission

The facts are that sometime during the Colonel’s messianic mission he served a year and four months in the Army or National Guard. According to the LIVING CHURCH ANNUAL, he was stationed at St. Paul’s Church, Sparks, Nev. in 1920-21. The NAVAL REGISTER reports that he was appointed from Nevada in 1921 as acting chaplain and Lieutenant, (j. g.) on the U.S.S. “Alert” at San Pedro. He served as chaplain until May, 1924, when he re- signed. In 1928 he is listed in the LIVING CHURCH ANNUAL as Archdeacon of the Episcopal Church in the Missionary District of Alaska, and the ANNUAL for 1930 reports his severance from the Church in the usual terse form under ‘“‘Deprivations and Depositions from the Sacred Ministry.”’ “SANBORN, HARRY R., Presbyter, by the . Bishop of Alaska, March 10, 1929. Deprived. Renunciation of the Ministry.”

COAST’S biography of the Colonel declares that ‘‘as former Editor of ‘The American Citizen,’ which in 1935, ’36 and °37 dared to warn labor unions of Communist domination, Colonel Sanborn achieved wide notoriety.”

Alias “Mr. Winters”

But Sanborn’s notoriety was achieved not so much through his screaming little “American Citizen,” allegedly angeled by. the Associated Farmers and the Waterfront Employers Association, and frequently inserted in home-delivery copies of the San Francisco EXAMINER, as through his activities in training vigilantes after the 1934 general strike, the Berkeley Nationals among them, and the organization of vigilantes in the bloody Eureka lumber strike and the Crockett Refinery strike. The Salinas lettuce strike of 1986, however, provided the setting wherein the Colonel soared to the zenith of a career, now, alas, | dimmed by amnesia and jiu-jitsu. First as “Mr. Winters,’”? and then as “Colonel Sanborn, co-ordinator of law enforcement agencies,” the unfrocked patrioteer drummed up a red scare in Salinas that hit the front pages of every newspaper in the country. Once the Colonel got on the job it was clear that Harry Bridges’ red army of longshoremen, 3000 strong, was marching on Salinas where their 5th columnist brethren had prepared for their entry into the city by planting red markers near the highways. That the “Red Flags” turned out to be highway markers rather than clues to a gigantic Communist plot was, the American Citizen said, “admittedly an unfortunate occurrence, but it was not Colonel Sanborn’s idea or anybody’s fault... The gross exaggerations and misstatements of fact are purely radical propaganda.” The occurrence was unfortunate enough to cause the “‘co-ordinator’s”’ hurried retreat to an anonymity broken once by his attempt in the summer of 1938 to get the job of Chief Witch Hunter with the Dies Committee, and then with his discovery at Fort Miley by the LaFollette investigators on the last day of that year, from which dates his selfstyled ‘‘Self-Imposed Silence.”

“Inexcusable Police Brutality”

The illustrations for the Colonel’s story, “Facts on Fifth Columnists in the West’ the first in a proposed series presented by COAST as “a vital contribution to the security of the West and of ournation,” are all pictures taken during the Salinas strike. One, captioned ‘‘Youth attacking State Policeman during the Salinas lettuce packers’ strike,” shows a patrol officer shoving a young boy around with a club. All demon- strate vividly the violence characterized by the National Labor Relations Board as “‘in- excusable police brutality, in many instances bordering on sadism.” —

“Facts on Fifth Columnists in the West,” in the beginning installment and in the con- tinuation in the October COAST, suffers badly from the Colonel’s two years of in- activity. Or maybe it’s that old jiu-jitsu injury. With the exception of the excellent pictures, what he has to present is simply a rehash of his slant on the 1934-36 situation done on coated stock instead of pulp, and entirely lacking in the delightful abandon with which he dished out smears and jeers in his own ‘‘American Citizen.”

It’s sad and a little ominous to find a revived publication saddled with this ghostly incubus. The Colonel was a good fighter in his day, but “they never come back.” We would advise the COAST Associates to switch their allegiance from revivals to jiu-jitsu.