vol. 5, no. 12

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, DECEMBER, 1940 No. 12

OLSON PROBES NIELAND CASE

Governor Takes Belated Action On Dismissal of S.R.A. Director

Governor Olson has taken belated action in the case of E. R. Nieland who was dis- missed from his post as director of the Butte County SRA because he introduced one Rajni Patel at a public gathering in Oroville on June 4. Under date of November 22 the Governor, in a letter to Mr. Nieland, recognizes the civil liberties issue involved in the case and declares that he has written to Field Representative for the SRA, ‘for an explanation of what he meant to imply by this letter to you in connection with your dismissal.”

‘The letter from Chisholm, under date of June 12, referred to by the Governor, reads as follows: “I have been notified by the State Office that you are being released from the SRA as of today." “We regret that your activities have made this move necessary. The news story and editorial in the Oroville Mercury of June 5th are self explanatory.

“Mr. George Woods, Director of Lassen County will immediately become Acting Director of Butte County.”

Fifth Column Charges

One might conclude from the tenor of Mr. Chisholm’s letter that the Mercury contained a lurid tale of some escapade in which Nieland had become involved. But a reading of the paper discloses nothing of the kind. In reporting the Patel meeting, it simply declares that “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, representative of the Indian youth movement, charged here last night.” An editorial in the same issue drew the unjustified conclusion that “the meeting was open to suspicion as German propaganda,” merely because Great Britain was being criticized. Elsewhere, the same paper contained an inflammatory letter criticizing Patel’s attack upon the Ku Klux Klan and saying that ‘‘no alien is entitled to any rights under our bill of rights.”” The Mercury did not attack Nieland, but merely stated that he had introduced Patel. The implication was obvious, however, that Patel was a Fifth Columnist, and since Nieland introduced him at the meeting, he was also a Fifth Columnist. Later, the editor of the paper credited his editorial with bringing about Nieland’s dismissal.

Passing

the Buck Thus far, efforts to secure redress for Nieland have proved unsuccessful. Nu- merous protests were ignored. In an interview with Walter Ballou, then Assistant Secretary to the Governor, Mr. Nieland was sent to Mr. Sydney Rubinow, the new SRA Administrator. The latter referred Nieland to the Board of Standards and Appeals, only to be told that it had no jurisdiction

Mr. Douglas Chisholm, former Technical

to hear his complaint. Then, Rubinow urged the A.C.L.U. to have Nieland drop the case because any official disapproval of the dismissal would hamper the Administration in securing relief funds from the Legislature.

The Governor, on September 7, answering a charge of inaction, informed the ; (Continued on Page 4, Col. 1).

We Depend Upon You

As we go to press, 168 persons have made pledges and contributions for the fiscal year ending October 31, 1941. We are a long way from raising the $4,000 necessary to carry on for another twelve months, and we are depending upon every member and friend to make some contribution or pledge to enable us to meet the following budget:

Salaries. $2220 Printing and Stationery... 780 Rent. 2 330 Postagé =.) 300 Telephone and Telegraph 100 Furniture and Equipment.. 61 Araveling 2.2: = 100 Publications .....0....220..c020+ 35 Miscellaneous ..................... 50 Taxes: 02 24 Totals 2 $4000

How much should you pledge? We again ask each supporter, if possible, to give $15 a year. If you can give more, we hope you will do so. But, no matter how much you give, please try to INCREASE your contribution over last year, no matter how little. An ad- ditional fifty cents or one dollar will help us substantially.

We are enclosing pledge cards and return envelopes for our members and friends who have not yet responded to our appeal. Incidentally, a lump sum payment of your pledge will save us the bother and cost of future billing.

IF YOU WANT THIS IMPORTANT WORK TO CONTINUE IN THE PRESENT EMERGENCY; IF YOU WANT TO RECEIVE OUR MONTHLY PAPER; WON’T YOU PLEASE | -SEND YOUR CHECK OR PLEDGE NOW?

DO YOUR PART!

Socialists Sue For Use of S. F. School

A suit has just been filed in the Superior Court of San Francisco County for a writ of mandate compelling the San Francisco Board of Education to issue a permit to the Socialist Party for the use of a schoolroom as a public meeting place under the terms of the California Civic Center Act. The Board has refused to issue the permit because one of its regulations prescribes that “The use of a building will not be given for sectarian, political or partisan purposes.”

The A.C.L.U., under whose auspices the suit has been filed, contends that the Board’s regulation violates the Civic Center Act which provides specifically that clubs and associations organized for economic or political purposes may use the civic center for the discussion of questions which appertain to the economic or political interests of the citizens.

In this case, the Socialist Party petitioned for the use of a schoolroom in the Red- ding School for a series of four meetings, the last of which would take place on June 11, for “A discussion of the Socialist Party’s position on the question of peace.” On September 6 the Board of Education adopted a resolution denying the permit.

The petition filed in the case also alleges that the Board has unlawfully discriminat- ed against the Socialist Party by granting permits to other political groups. Attorney Wayne M. Collins of San Francisco is handling the suit.

OKLAHOMA SYNDICALISM CASES MAY AWAIT OUTCOME OF WOODS APPEAL

An effort to hold the cases of the remain| ing eleven Oklahoma criminal syndicalism | defendants in abeyance until the appeal of the conviction of Robert Wood has been acted upon is being pressed by Stanley D. Belden, attorney for the defendants, the Civil Liberties Union has been informed. A brief in the Woods case will shortly be filed in the Criminal Court of Appeals. Meanwhile, only three of the defendants are still in jail, the others having been released on bail.

H. C. CARRASCO AND J. S. THOMPSON ELECTED TO A.C.L.U. COMMITTEE The Executive Committee of the Northern California branch of the A.C.L.U. is happy to announce the election of H. C. Carrasco and Joseph 8. Thompson to the Committee.

Mr. Carrasco is the present State Labor Commissioner, having held that position since Governor Olson took office in 1939. Before that he was Division Chairman of the Brotherhood of Railway Clerks.

Mr. Thompson is President of the Pacific Electric Manufacturing Corp. of San Fran- cisco, former President of the San Francisco Symphony and former President of the Bohemian Club.

Page 2

Los Angeles Prosecutor Faces Contempt Charge For “Unfair Trial”

A court battle to establish principles of fair trial in Los Angeles is being waged around the contempt of court case against District Attorney Buron Fitts and two of his deputies. A. L. Wirin, attorney for the Southern California branch of the Civil Liberties Union, is aiding in the prosecutien.

Fitts and his aides are charged with contempt because of their conduct in the prose- ‘eution of Britt Webster, held for first degree murder. It is contended that the proseecutors made improper appeals to the passion and prejudice against Communists on the part of the grand jury and the public. Their conduct, it is charged, constituted “misbehavior in office, wilful violation of duty, and an abuse of the proceedings of the Superior Court.”

Superior Court Judge Emmet H. Wilson, before whom Fitts and his aides face trial, has overruled objections made by the district attorney that the Superior Court had no jurisdiction to adjudge them guilty of contempt. Said Judge Wilson:

“In the present state of the public mind the charge that a person is a Communist, or is connected with any organization that seeks to overthrow the government of the United States, immediately creates a feel‘ing of prejudice, if not revulsion, against him. One who is charged with crime, especially if conviction would result in the death penalty, has a sufficient burden to defend himself against the indictment. The law requirés no more.”

Judge Wilson further ruled that it is improper for a district attorney to attempt to secure an indictment by an appeal to the prejudice of a grand jury.

Fitts, district attorney for the past twelve years, has been defeated for re-election.

“GOVERNOR FAILS TO ACT ON PARDONS FOR 4 C. S. VICTIMS

On June 27 the California Advisory Pardon Board recommended to the Governor that he grant pardons to Henry Matlin, Robert Wood, H. M. Edwards and Fred Thompson, who were convicted on criminal syndicalism charges in the early ’20s during the I.W.W. hysteria, and who have long since been out of prison. A couple of weeks ago we were informed that the files in these cases were on the Governor’s desk and the Governor’s secretary felt sure they would be acted upon shortly.

On June 26 last Governor Olson granted pardons to six victims of the C.S. law. On that occasion, however, only 2), months elapsed from the time the Board made its recommendations to the signing of the pardons. More than five months have elapsed on this occasion, and the Governor has not yet acted despite repeated urging.

N. Y. BOARD OF EDUCATION VOTES SCHOOL TIME FOR CHURCH STUDY

In the face of protests from representatives of numerous organizations, including the New York City Civil Liberties Committee, the New York Board of Education has adopted a resolution granting released time for religious instruction to children in the “city public school system.

-. Mrs. Mary Ware Dennett, representing the Civil Liberties Committee, contended that the regulation breaks down the basic principle of separation of church and state.

PENNSYLVANIA REGISTRATION LAW BEFORE U. 5S. SUPREME COURT

The American Civil Liberties Union has decided not to intervene in the appeal before the United States Supreme Court from a decision voiding the Pennsylvania alien registration act. According to the Union, with the enactment of a federal reg- istration law, the issue has become academic. The U.S. Department of Justice, how- ever, is submitting a brief amicus curiae in support of the ruling voiding the Pennsyl- vania law. —

Two Groups Covered By Voorhis Registration Law

The Voorhis bill to register certain organizations carrying on activities in the United States, underwent considerable change in conference before it was signed by the President. The only organizations now required to register with the Attorney General are:

1. Native and foreign-controlled groups which seek the violent overthrow of the government;

2. Foreign-controlled civilian military groups, and native civilian military groups which seek the violent overthrow of the government.

The law was aimed at the Communist Party, the Bund and Italian Fascist organizations. Recently, in a declared effort to escape the terms of the law, the Communist Party formally severed its connection with the Third International. The government may still contend, however, that it is a group which advocates the violent overthrow of the government, although the present Constitution of the Communist Party declares for peaceful change.

The Bund, no doubt, will insist that it does not come under the law because it does not have foreign control—something that Mr. Dies will no doubt contest. It will also avow its belief in the Constitution and its abhorrence of any violent overthrow of the government.

Organizations have until January 12 to determine whether they come within the scope of the law as it goes into effect at that time. Failure to fulfill the requirements of the law may result in imprisonment up to five years, a stiff fine, or both.

Registration with the Attorney General requires the filing of statements on appro- priate forms of the name and address of the organization and all its branches, char- ters and affiliates; the names, addresses and nationality of all officers; qualifica- tions for membership; its aims and purposes; the names and addresses of contributors of money or things of value; a detailed statement of all assets, liabilities and in- come; description of its activities; a description of all insignia worn or carried; “a copy of each book, pamphlet, leaflets, or other printed or graphic matter issued or distributed directly or indirectly by the organization, or by any chapter, branch, or affiliate of the organization, or by any of the members of the organization under its authority or within its knowledge, together with the name of its author or authors and the name and address of thé, publisher;” | a description of all firearms or other weap- ons; if subject to foreign-control, the manner in which it is so subject; a copy of its charter, etc.; and such other information and documents as the Attorney General may from time to time require.

Every six months supplemental statements must be made to bring the information up to date. Such rigid supervision may have the effect of indirectly outlawing organizations coming within the scope of the law.

MODEL HANDBILL LAW SEEKS TO EVADE SUPREME COURT DECISIONS

The National Institute of Municipal Officers has drafted a proposed model leaflet ordinance to get around the recent decisions . of the United States Supreme Court holding licensing ordinances invalid, and upholding the right freely to distribute handbills in public places. Among other things, the proposal would establish another criminal syndicalism law in the following general language:

“Tt shall be unlawful for any person to post, to hand out, distribute or transmit any sign or any commercial or non-commercial handbill:

“(1) Which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the Government of the United States or of this state by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community;...”

No doubt the ensuing year will find many California municipalities adopting this type of legislation. Every cop on the beat will then become an expert on what constitutes disloyalty or tends to encourage a breach of the good order of the community.

RIGHTS OF NEGROES UPHELD BY SUPREME COURT DECISIONS

During the past month the United States Supreme Court once again set aside the conviction of a negro, this time in Texas, because of the exclusion of negroes from juries.

In another case, the court set aside a restrictive covenant barring negroes from a certain area in Chicago. The decision, however, did not pass upon the validity of re- strictive covenants in general.

In San Francisco, when the great negro singer, Paul Robeson, and his party, were denied service at Vanessi’s Restaurant at A98 Broadway, a damage suit resulted. Under California law, places of public accommodation are prohibited from discriminating against anyone because of race or color. At least $100 damages may be recovered against anyone disobeying the law. Success in such suits, however, is fairly infrequent, because unfailingly the defense is made that there were no accommodations on account of advance reservations.

Pennsylvania Teacher Dismissed For Red Activities Defended

' Maintaining that neither school teachers “for any other citizens should be “forced to ally themselves exclusively with majority parties,’ the Western Pennsylvania chapter of the Civil Liberties Union has filed a brief as friend of the court in behalf of James Gillies, Wilmerding, Pa., high school instructor dismissed because he had signed a Communist nominating petition.

Gillies, who was dismissed last August, was accused of associating with Communists, advocating the principles of the Communist Party and signing a nominating petition for a Communist candidate. As a petition signer, his name was published in local newspaper. School officials contended that Gillies was thus proved to be “‘immoral and incompetent to perform the duties of a teacher.”

Mr. Gillies, who is a local Democratic committeeman, denies affiliation with the Communist Party, and says that he signed the petition only to aid in getting the party ‘on the ballot. The A.C.L.U. brief, which is supporting an appeal to the State Superin- tendent of Public Instruction, upholds the right of every citizen to participate in the processes of electing public officers and “of taking part in movements to effect changes in the form and purposes of government.” A school teacher ‘‘does not lose his freedom as a citizen,’ the brief declares.

“It would be subversive of our republican institutions to declare that support of a minority party whose right to function is legally recognized as immoral merely because it is unpopular.”

BILL OF RIGHTS WEEK SET FOR SCHOOLS IN NEW YORK STATE

As provided for in a law enacted by the New York Statg legislature at the last ses- sion, the State Board of Regents has designated the week of February 17 as Bill of Rights Week in the schools of the state. A uniform course of exercises will be pre- scribed “to instill into the minds of pupils the purpose, meaning and importance of the Bill of Rights article in the Federal and state constitutions.”

Government Rules Aliens On Relief May Not Be Denied Citizenship

Indigent aliens denied citizenship because they had accepted relief scored an import- ant. victory, the American Civil Liberties Union has been informed, through the action of the U. S. Solicitor General’s office in instructing the local United States At- torney to “confess error’ in the cases of seven aliens pending in the Ninth Circuit Court of Appeals in Los Angeles. The Southern California branch of the A.C.L.U. Sponsored the consolidated appeals of the aliens.

The seven aliens, all but one of whom are 68 to 81 years of age, had their applica- tions for citizenship turned down on the ground that each had an “extended history of charitable aid during the five years prior to the applicant’s naturalization hearing.”’ « This was the sole evidence for the conclus=' ion by local naturalization officials that the aliens are ‘“‘not attached to the principles of the Constitution.”” When the cases were first heard in the U. S. District Court, the Department of Immigration and Naturalization made no recommendation to the court, which accordingly acted upon its own motion. On appeal, the Los Angeles Bar Association supported the denial of citi- zenship.

In a letter to the Civil Liberties Union recently, Special Assistant Attorney General Lemuel B. Schofield, in charge of the Immigration and Naturalization Service, stated that the policy and practice of the Service is “not to object to the naturalization of any alien solely because he is on relief.”

A. L. Wirin, A.C.L.U. attorney for the aliens, in a letter to Solicitor General Fran- cis Biddle, declared that the Union concerned itself with the case because of a conviction that “to deprive aliens of naturalization because of their indigency, and hence need for public aid, is in effect to impose a property qualification for citizen‘ship; and that such an imposition runs counter to every democratic concept of government.”

Despite Solicitor General Biddle’s instructions to the local U. S. Attorney, he had not yet agreed to “confess error’ in the case of these aliens when we went to press. In fact, he seemed to resent the suggestion of Mr. Biddle. So, while we are hoping for a dismissal of the cases in order to pave the way for the aliens to re-apply. for citizen- ship, we do not feel sure that such action will be taken.

RIGHT OF SOCIALIST LABOR PARTY TO BROADCAST UPHELD BY F. C. C.

An important ruling has been handed down by the Federal Communications Com‘mission in a telegram to the American Civil Liberties Union declaring that a radio station may not have the right to bar a broadeast for a political candidate who is not on the ballot of the state in which the radio station operates.

The F. C. C. communication was in response to a query by the Civil Liberties Un- ion dealing with the refusal of WIBX in Utica, N. Y., WHK in Cleveland and WHKC in Columbus, Ohio, to permit talks spon‘sored by the Socialist Labor Party on the ground the party’s presidential candidate is not on the ballot in Ohio and New York. “The stations had revoked contracts with . party officials.

“In the Commission’s opinion,” T. J. Slowie, F. C. C. secretary, wired the A.C.L.U., “omission of the name of a candidate for president from the ballot in a particular state does not by that fact alone prevent him from being a legally qualified candidate for the president of the United States under Section 315 of the Communications Act. The Commission has not ruled that ‘stations do not have to handle broadcasts for political candidates who are not on the ballot.’ :

Page 8

Severe Sentences Handed | Conscientious Objectors

Characterizing as “exceedingly severe’’ the sentencing of eight divinity students in New York to a year and.a day each for refusing to register under the Selective Serv- ice Act, the National Committee on Conscientious Objectors, American Civil Liberties Union affiliate, is urging Attorney General Jackson to pursue a more lenient policy In the remaining cases involving objectors.

The Committee’s stand, expressed in a letter by Ernest Angell, its chairman, to Mr. Jackson, was called to the attention of President Roosevelt and Clarence A. Dykstra, Selective Service Director. The Committee includes in its membership prominent American Legionnaires, religious leaders and educators, among whom are Bishop G. Bromley Oxnam of Boston, Dr. Harry Emerson Fosdick of New York, Dean Christian Gauss of Princeton, Dr. Frank P. Graham, president of the University of North Carolina, and Bishop Edward L. Parsons of California.

‘Deprived of Citizenship Rights :

Pointing out that the year-and-a-day sentence deprives the conscientious objectors of citizenship rights, and that even in England the maximum penalty for a similar of- fense is a relatively small fine, Mr. Angell suggested that a suspended sentence, pa- role and assignment where feasible to some work of national importance would “‘meet all the proper exigencies of the situation.”

According to the Committee, between thirty and forty men of military age declined to register on the official forms on October 16th, but presented themselves instead to the local draft boards and left letters of explanation stating their refusal on conscientious grounds to register. These men are scattered throughout the country, with about half the cases in the New York district. Eight in this district pleaded guilty and were sentenced to a prison term of a year and a day. These men have thus lost

CHICAGO BAN ON FILM, “AFTER MEIN KAMPF,” PROTESTED

The Chicago police ban on the Englishmade film, ‘““After Mein Kampf,” has been vigorously protested by the Chicago Civil Liberties Committee in a letter to Police Commissioner James P. Allman.

Showing of the picture was prohibited on the ground that it violates the motion pic- ture ordinance ‘‘because it tends to create contempt and derision between German classes in Chicago. In the picture, young Germans are being taught to denounce their parents and attack the clergy.”

The Civil Liberties Committee held that if the films, ‘“The Great Dictator” and “The World in Flames” are suitable for showing, so is “After Mein Kampf.” Recently Police Commissioner Allman reversed the police board when it banned ‘‘Pastor Hall,” another English-made film.

An amendment to the Chicago censorship board ordinance which would deprive the police board of its power to ban pictures ‘which may be seen by adults only, is being supported by the Civil Liberties Committee.

BOGUNOVICH CITIZENSHIP CASE REACHES STATE SUPREME COURT

A petition was filed in the California Supreme Court on November 26 requesting a review of the decision of the District Court of Appeal in the case of George Boguno- vich, Cupertino farm laborer, who was denied citizenship because he read a Jugo- slavian Communist paper in 1932. The petition was prepared by Attorney Wayne M. Collins of San Francisco.

their rights of citizenship, although as students at Union Theological Seminary they were not liable for military training under the Law.

Were Not Draft Evaders

“These first sentences under the act,’’ Mr. Angell wrote the Attorney General, “ap- pear to us exceedingly severe. These men did not seek to evade the draft, but pre- sented themselves to their draft boards and then on the ground of conscientious oppo- sition to conscription, declined to fill out the prescribed forms. Even in the World War the maximum sentence for a similar offense was a year—making it a misdemeanor not afelony. In England the maximum penalty for a similar offense under the wartime draft act is a fine up to 25 pounds.

“We very earnestly urge your consideration of the public policy involved as to the remaining cases. Since a sentence in excess of a year entails loss of citizenship for what is in these cases a comparatively unimportant offense, sentences of less severity, we submit, should be requested of the courts.

Exempt By Reason Of Callings

“We understand that it was the desire of some of the responsible officials in the ad- ministration to have the sentences of these eight men in the New York district sus- pended and to have the men placed on probation. Such a course appears to us to meet all the proper exigencies of the situation. Where men are exempt from military train- ing by reason of their occupations, as are ministers and theological students, it is de- sirable to permit them to continue their callings, which have been by the statute recognized as in a special class. Parole and an assignment to some work of national im- portance of those who in other occupations are liable for military service would seem -preferable to the imposition: of jail-sentences and the requirement that they be | actually served.”

Quezon, Philippine President, Clarifies Stand On Democracy

President Manuel Quezon of the Philippines, in a letter to the Civil Liberties Un- ion, denies that his recent speech at the University of the Philippines ‘‘challenged the theory and practice of political democracy,” as charged by the Union. Mr. Quezon contends that his speech was complete-— ly misquoted and misrepresented, and quotes the following from his address:

“I stand before you as the opponent of dictatorship in whatever form it is presented, including the dictatorship of the proletariat. I firmly believe in democracy, in the soundness of its principles, and ... as the only system of government capable of doing justice to every man, woman and child.”

As for the emergency powers granted Mr. Quezon by the National Assembly, he points out that under the Philippine consti. tution the law is not only warranted but may not be abused by the President. “Any attempt at curtailing individual liberties could be met by legal processes.’”’ Moreover, according to Mr. Quezon, “it has never been intended that such emergency powers should be exercised unless required by the protection and defense of the Philippines and then only in accordance with constitutional limitations.”

Mr. Quezon denied that he had made requests for a constitutional amendment ex- tending his term of office. “On the contrary,’ he wrote the Union, “I have re- peatedly stated publicly that Ido not want to continue in office and that I am not a candidate for re-election even if the Cone stitution were amended.”

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

Belated Action On Nieland Dismissal

(Continued from Page 1, Col. 2)

A.C.L.U. that he knew nothing about the case, “but I am quite sure no principle of civil liberties is involved in it whatsover.” The secretary of the Butte County Unit of the A.C.L.U. immediately challenged the Governor’s conclusion, and at the latter’s request submitted the Chisholm letter which the Governor’s official family had apparently failed to call to his attention. Additional information was also furnished at the Governor’s request. But nothing happened, despite requests for action.

The Governor’s Letter

Those interested in the case had virtually despaired of any action by Governor Olson when Mr. Nieland received the following communication from him:

“This will acknowledge receipt of your letter of October 28th, and I am taking my first opportunity to answer it.

“I could not understand why your severance from the State Relief Administration service involved any question of civil rights and civil liberties, until I was sent a copy of a letter written you by Mr. Chisholm. Although Mr. Chisholm is no longer con- nected with the SRA, I am writing him for an explanation of what he meant to imply by this letter to you in connection with your dismissal. Certainly if you were not en- gaged in any that you were, whether it was in connection with your dismissal from the SRA or in any connection.

“T regret that I have not been able to give earlier attention to your complaint.”

FLASH!

SAN FRANCISCO, Nov. 28.—Gov. Olson has just informed Nieland that Mr. Douglas Chisholm advised him, 1. That “Mr. Nieland has placed the wrong interpretation on my letter. [Come, come, Mr. Chisholm, no one could misunderstand your concise letter!] There was no thought of accusing him of fifth column activities

2. That Nieland was not qualified for the job in the first place. [isn’t that irrelevant, Mr. Chisholm, and just a bit spiteful ?] :

On June 12, Mr. Chisholm, in explaining Nieland’s dismissal, stated, “We regret that your ACTIVITIES have made this move necessary.” If Mr. Nieland wasn’t qualified for the job, as Mr. Chisholm now insists, his dismissal certainly would have been placed on that ground.

Says the Governor: “Perhaps there may be disagreement about the reasons that prompted Mr. Chisholm’s action in your case, but it is apparent that he was not conscious that his action could ever be construed by anyone as violating your civil liberties. Whatever the differences of opinion may be about that, however, it is unfortunate that any statements were ever made or actions taken that could be susceptible of such an interpretation so foreign to the principles of the present administration.”

fifth column activities, I do not blame you for resenting the implication’

Why We Defend Civil Liberty Even For Nazis, Fascists and Communists

The American Civil Liberties Union is subject to increasing criticism in the present crisis for continuing to defend the civil rights of Nazis, Fascists and Communists.

“How can you,” these critics ask, “defend the civil liberties of movements which, if they achieved power, would destroy civil liberties? Have not events abroad revealed the danger from these movements? Should we not sacrifice their liberties to save our democracy in a crisis where national unity is imperative? Can we allow propaganda in behalf of foreign dictatorships to endanger our own democracy?”

Our answer is plain:

The defense of democracy demands the maintenance of freedom of speech, press, assembly and the right to the ballot for all minorities, whatever their character or purposes. Once the liberties of unpopular minorities are sacrificed, no liberties are safe. The heart of democracy is civil liberty for everybody without distinction.

Suppression Leads To Dictatorship

All who are opposed to dictatorship must therefore be opposed to suppression. If for any reason we suppress these minorities, or fail to defend their rights, we are on the road to dictatorship ourselves. As long as our democracy works and provides the ben- efits of efficient government, we need never fear that any anti-democratic force will triumph. The best way to expose and combat subversive movements is in the open. Democracies are not weakened by civil liberty but by their failure to meet pressing problems of economics, defense and internal disorder. Acts or conspiracies aimed at the government should be severely dealt with, mere propaganda never. The exercise of free speech has never overthrown a democracy.

Civil Rights Survive In England

Take the experience of England. Lloyd George testified that the World War was won by the right to criticize the government. In the present war, Fascists and Communists have openly conducted their propaganda in England, and have run their candidates in elections. Only recently were British Fascists interned when their support, of the enemy became clear. But after a year of war, Communists are not interned; their daily newspaper is published freely; and their meetings are not interfered with despite their opposition to what they call an “imperialist war.”

Keep Opposition in the Open

: England knows from experience that it is far better to keep an opposition out in the open where it can be fought, than to drive it underground by suppression into either conspiracies difficult to combat or a resort to force. Experience also teaches the wisdom of keeping open the safety valve of free speech for all dissenters.

The argument that civil liberties can be suspended temporarily in a crisis and re- stored later ignores all the lessons of history. Rights once surrendered are long in returning, and often suffer permanent impairment.

Every consideration, legal and practical, demands that freedom of speech, press, as- sembly and ballot be retained unimpaired for all minorities— especially in time of crisis when they are most in danger.

ACLU Takes Traditional Position

The American Civil Liberties Union is naturally opposed to all movements which reject the principles of the Bill of Rights. It has barred from its own governing personnel members of ‘‘political organizations supporting totalitarian dictatorship in any country,” and in so doing has specified the Communist Party, German-American Bund, and like organizations. But the Union’s defense of the civil rights of such movements is not thereby affected. We reflect the dictum attributed to Voltaire: “I detest what you say, but I will fight with my life for your right to say it.”

No Blanket Defense

We engage in no blanket defense of the liberties of these or other movements. We defend neither subversive acts, preparations for the commission of such acts, nor language inciting to their commission. We select only those cases where freedom of speech, press, assembly and the ballot are clearly involved.

We defend these civil liberties as a political principle because they constitute in the long run our only sure bulwark against dictatorship and the only means for peace- ful change.

(The foregoing statement was issued by the Board of Directors of the American Civil Liberties Union).

PROMPT ACTION ON WPA SUSPENSIONS URGED BY UNION

Measures clarifying the status of persons on WPA suspended pending investigation of charges of signing false affidavits regarding their political affiliations were urged upon the administration by Arthur Garfield Hays, Civil Liberties Union counsel, in a letter to Howard O. Hunter, Acting Commissioner of the Works Progress Administration.

“In many of the cases brought to our attention,” Mr. Hays wrote, “persons have been suspended on suspicion and will be subject to extreme distress if there is any undue delay in the settlement of their cases.

In such circumstances their right to a prompt investigation is equivalent to a citi- zen’s rights to a speedy trial.”

According to the Union, the number of instances in which obvious non-Communists have been suspended for signing various petitions “seems to indicate that a ruling setting forth a more definite cause for suspension would prevent many of the administrative difficulties involved, as well as protect innocent people who have, in good faith, signified either their approval of certain public issues or their belief that minority parties should be represented on the ballots.”

In New York City alone, ten cases of WPA workers suspended because they signed Communist nominating petitions in the past election, have been called to the attention of the Union.

JEHOVAH’S WITNESSES FREED OF CONSPIRACY CHARGE IN CALIF.

Conviction of five members of Jehovah’s Witnesses charged with “conspiracy to dis| turb the peace” in Kings County, California, has been reversed by the District Court of Appeals at San Bernardino. The Southern California branch of the Civil Liberties Union filed a brief amicus curiae in behalf of the religious group, and Attorney A. L. Wirin, Union counsel, participated in the argument before the court.

The evidence disclosed that the defendants committeed no act of disturbance themselves and limited their activities to visiting residents of Hanford and offering to play gramophone records, and distributing literature. In reversing the convictions, the court cited the recent U. 8S. Supreme Court decision in a similar Connecticut case.

FEDERAL COURT TURNS DOWN APPEAL FOR CITIZENSHIP

The Ninth U. S. Circuit Courtof Appeals decided on November 15 that Archibald R. Allen is not qualified for citizenship because of his political opinions and associates. The Appellate Court confirmed an order of Federal Judge George Cosgrave to the same effect. The sole basis for this decision was the belief by Allen in some of the principles of Communism. Allen disavowed any belief in force and violence and expressed his belief in the present demograye form of government of the United ates.