vol. 6, no. 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

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“Eternal is the price of liberty.”

Vol. VI SAN FRANCISCO, CALIFORNIA, FEBRUARY, 1941 No. 2

GAG BILLS GET DEFENSE LABEL

Legislators Bid For Popular Support Of Repression Under Cloak of Patriotism

Strangely enough no more than the usual substantial number of repressive measures appear among the 3999 introduced at the regular session of the California Legislature which adjourned on January 26 until March 3. While the exact content of the last-minute avalanche of bills will not be known until the final bill is issued from the State Printer about February 7, as we go to press it seems clear that despite extraordinary times which were expected to produce a bumper crop of suppressive bills, the yield was about normal. At the same time, it must be stressed that the possibilities of enactment are immeasurably greater than ever before, Because these bills will be advanced as de- fense measures, they will attract support as such and will be extremely difficult to de-. feat.

No Flag Salute Bill

The anticipated compulsory flag salute ‘bill that enlivened the 1939 session of the Legislature is missing, and only a handful of red-baiting and anti-alien bills have made their appearance. Principal target for attack is Labor which faces a fight on proposals that would outlaw or restrict the right to strike, and a number of bills to overcome the State Supreme Court’s decision in the Howard Automobile case.

It is significant that proposed legislation in aid of civil liberties is relatively sparse. Liberal legislators generally have the feeling that such measures have no chance of enactment and might only lead to noisy. opposition that does themselves and the cause of civil liberties more harm than good. .

“Little Dies Committee’? Formed

The outstanding development in the civil liberties field is the establishment of a F-man “Little Dies Committee’? to investigate un-American activities. This $10,000 holiday for California patrioteers and redbaiters will afford plenty of free publicity to advance the known political ambitions of several of the Committee members. Un- fortunately, the likely chairman of the Committee is Jack B. Tenney, whilom supporter of civil liberties and one of the investigators of the Modesto frame-up. As the result of a bitter feud with Communists in the Musicians Union in Hollywood in which he lost a campaign for re-election as president, Tenney has become an ardent red-baiter during the last couple of years. In fact, the Committee’s personnel on the whole gives little promise of a fair and objective investigation. Assemblymen Bashore, Kellems and Phillips, the latter of Oakland, are all rather violent on the subject of radicals. Senators Ward, Jespersen and De Lap, the latter of Richmond, constitute the three Senate members of the -Committee.

Communists, Nazis and Fascists are scheduled for investigation, but the main emphasis will be on Communists. Radicalism in the State government, labor unions, front organizations and particularly the University of California will come in for attention. We anticipate that Harper Knowles and other Legionnaires, representatives of the Better America Federation, Col. Henry Roble Sanborn and other prominent red-haiters will be called as witnesses. We hope it won’t happen, but before the hearings end we expect the record will be full of hearsay evidence as to who is a “red.”

“Aliens Civilian Service Act’’

Outside of the resolution setting up the (Continued on Page 2, Col..1)

BISHOP EDWARD L. PARSONS

HARLAN COUNTY MINERS FREED

All four of the Harlan County union miners who were serving life terms in the Evarts battle cases, were freed January 22 by action of Kentucky’s Lieutenant Governor Rodes K. Myers. Al Benson was given full pardon. W. B. Jones, Jim Reynolds and Chester Poore were released on parole. Seven miners altogether were convicted on conspiracy charges growing out of the deaths of three mine guards who died in a clash with union pickets in Evarts, Ky., May 5, 1931. Three were pardoned in 19385. The A.C.L.U, had been active in seeking release of the remaining four.

Bishop Parsons New A.C.L.U. Chairman

Rt. Rev. Edward Lambe Parsons has been elected Chairman of the Executive Committee of the Northern California Branch of the A.C.L.U. He succeeds Dr. Charles A. Hogan whose removal to Washington, D. C. made it necessary for him to relinquish the chair he has held throughout the first six years of the Union’s existence.

Bishop Parsons retired as Bishop of the Episcopal Diocese of California on J anuary 1 of this year. An alumnus of Yale University, the Union Theological Seminary, and the Episcopal Theological School, Dr. Parsons has also been the recipient of several honorary degrees, including that of Doctor of Laws from the University of California in 1939. From 1896 until 1919, when he was consecrated Bishop Coadjutor of California, he served as rector of churches in Menlo Park, San Mateo, and Berkeley.

Widely known as an outstanding churchman and liberal, Bishop Parsons has given freely of his time and efforts to many causes He has served for many years as a national Vice-Chairman of the A.C.L.U., and President of the Church League for Industrial Democracy. A couple of months ago he was elected to the Board of Directors of the Commonwealth Club of San Francisco. Besides acting as a board member of various social welfare agencies and colleges including, locally, St. Luke’s Hospital, the San Francisco Community Chest, Church Divinity School of the Pacific and Mills College, during recent years he has added to his interests the sponsorship of committees working for the evacuation and welfare of European refugees. A co-author of The American Prayer Book, and author of What is the Christian Religion?, Dr Parsons is a contributor to several journals. He is also a lecturer at the Church Divinity School of the Pacific.

But, while any notes on his career must bear record of high talents expressed in an increasing vigor and social helpfulness, Bishop Parson’s acceptance of the chair- manship of the A.C.L.U. represents fundamentally the acquisition of the leadership of an humble, kindly, compassionate and beloved man.

A.C.L.U. ADJUSTS A CASE OF RELIGIOUS LIBERTY

Agreement with the district attorney of Madera County, Cal., has been reached in the case of James Bishop Carr, who served a 20 day jail sentence for refusing to allow his daughter to attend school on Friday. Carr is a member of the “Pentecostal” sect which observes Friday as the Sabbath. Authorities agreed to withhold any further prosecution, and to arrange for the child’s private instruction one day each week.

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(Continued from Page 1, Col. 2)

“Little Dies Committee,’ and excluding the anti-labor bills, ten repressive measures have thus far come to our attention. *First of these is an unprecedented bill to con- script the labor of aliens who have not declared their intention of becoming citizens or who are not eligible for citizenship, a and hence are not subject to the draft.

Described as the “Aliens Civilian Service Act” the 10-page bill in its details is pat- terned after the Selective Service Act. It was introduced by Assemblyman Lee T. Bashore of Glendora (member of the “Little Dies Committee’’) who two years ago introduced a bill to register and fingerprint all aliens... Numbered A.B. No. 1. it provides for dent aliens upon such public works undertaken in furtherance of the National de-. fense, and in such other non-combatant, '. non-military service as may contribute to ial and relevant to the particular inquiry, the success and operation of the program ~ although the bill is silent on that subject. of National defense undertaken by the Governments of the United States and of this State.” If, as the U. 8. Supreme, Court recently declared, the regulation of aliens is essentially one for the federal government, then Mr. Bashore is butting into the business of Congress. Moreover, even if the U. S. Supreme Court would uphdld the conscription of labor by the Congress during an emergency, it would seem exceedingly doubtful that nondeclarant aliens alone = can be signaled out for such treatment.

Communist Attorneys Barred

Three of the “Little Dies Committee” stalwarts, Messrs. Tenney, Bashore and Phillips, have collaborated in three bills — that are directedprincipally at. the Communists. The first of these bills, A.B. 58, would establish membership in the Communist Party as a ground for the disbar~-ment of an attorney, and: would:also require applicants for admission to the bar to subscribe to an oath not to hold membership in the Communist Party or “directly. or indirectly carry on, advocate, teach, justify, aid or abet the overthrow by any unlawful means of, or any force and violence, against the Government of the United States or of this State.” Mr. Tenney claims that 8 or 9 attorneys in Northern California alone would be affected by this proposal.

Registration Of Organizations Required

The second bill, A.B. 271, requires detailed registration with the Secretary of State “of certain oath-bound societies and secret organizations.” The oath-bound societies “must have a membership of 20 or more. Specifically excepted are labor unions, ‘es- tablished religious organizations, religious and patriotic fraternities, student fraternities and sororities, and ‘fraternal ;penent societies and benevolent orders.

On the other hand, private military organizations, with or without uniforms, who advocate racial prejudice, the violent overthrow of the government, and ‘‘doctrines, principles or activities in effect in or practiced by any foreign state or government or forming a part of any foreign political economy, ideology or philosophy, or which directly or indirectly inculcate or encourage sympathy with, enthusiasm for, or emula- tion of such doctrines, principles or activities,” must register. Also, the proposal prohibits the dissemination to non-members of anonymous literature. Stiff penalities are provided for violations of the law.

The bill is similar to the Voorhis registration law that was enacted at the last session of Congress, but goes beyond it. The Voorhis law requires civilian military groups and those advocating the violent overthrow of the government; to register with the Départment of State.

trines. However, under Section 557 of the Military and Veteran’s Code of the State of California ‘““No body of men... shall

program of sabotage, .sedition or treason

The present proposal . covers ‘‘oath-bound societies,” and civilian .military groups that advocate certain doc

associate themselves iicoier as a military company or organization, or drill or parade with arms, except such organizations are authorized so to do by this code.” In other words, it is now proposed that groups operating in defiance of the law register with the Secretary of State.

State Employees Must Testify

The third bill, A.B. 56, would compel the immediate dismissal of any State employee who refuses to answer questions of a legislative committee, and would forever bar him from State employment whether the -act oceurred before or after the law was énacted. This proposal obviously springs from the recent investigation of the S.R.A. by the Yorty Committee in which numer‘training and service by nondeclarent resi-...0US. persons refused to answer questions. they asserted were personal. We hope the proposed law merely requires a State em’ ployee to answer questions that are materCommunists Barred From State Jobs ‘Mr. Tenney is the sole author of another ment i in any part of the State government of ‘a member of the Communist Party” or any group which directly or indirectly ad“voeates the violent overthrow of the governOf course, in practice that might mean the elimination of any person who ~held a liberal or progressive idea. ‘Senator George M. Biggar has introduced ‘ a bill, S.B. 132, to bar from public office persons who advocate the violent over-“throw of the government, and all government. ment employees would be required to take -an oath to uphold the federal and state -constitutions. “ever, qualified his proposal with the following. ‘paragraph: Senator Biggar has, how“Nothing in this act shall be conned as restraining or abridging the right of any — ‘person. to advocate, advise, teach or justify ‘any change or improvement in the system.of * government or the institutions of this State or. the United States by lawful and peace» ful means.’

Bum Patrol Planned

~ Newspaper stories about the last-minute introduction of bills refer to two proposals of interest to civil libertarians. First. of these is the “Border Patrol” bill which would bar the ‘have-nots’ from entering California. Similar bills have been defeated at the last three sessions of the Legislature.

The second bill would require school districts to provide free transportation for pa- rochial school students, a proposal that has -been repeatedly. rejected in California. It raises the old issue of separation of Church and State.

Alien Fishing Bills

Last session’s controversial bill to prohibit aliens from engaging in commercial fish- ing, directed at Monterey’s Japanese fishermen, has made its reappearance as A.B 57, under the sponsorship of Assemblymen Tenney, Waters, Poulson and Doyle. Assemblyman Thomas has introduced a oe bill, A.B. 32.

Anti-Labor Bills.

Included among the anti-labor bills is a proposal by Senator Biggar (S.B. 325) making it unlawful to strike (1) for the the purpose of compelling other workers to join a union, (2) to require membership in a union as a condition of employment; and, (3) for the purpose of “securing, inducing or coercing other persons to join’’ a union. S.B. 326, also introduced by Senator ‘Biggar, makes ‘it unlawful for government employees to strike. Senators Biggar and Fletcher have joined in proposing compulsory arbitration of labor disputes (S.B. 1).

‘Assemblyman Heisinger has introduced a similar bill, A.B. 65.

Bill of Rights Week Bead On the other side of the ledger, Assemblyman Dilworth has proposed a “Bill of Rights Weeks” to be celebrated in the public schools (A.B. 680). A similar law was recently passed in New Mork State.

Assemblyman Hawkins is the author of six measures directed at racial and religious discrimination. Heading the list is a proposal to establish a Race Relations Act, A.B. 703. This is the same bill that Mr. Hawkins introduced in 1939. The 1941 measure also bears the name of Paul Richie. The Act would establish a State Race Relations Commission composed of fifteen members serving without pay. The Commission would study the various racial groups, collect and disseminate information, advise the Legislature on proposed Legislation affecting race relations, and cooperate with government and private “agencies in promoting better relationships among racial groups. “appropriated for the work, and the bill | $20,000 would be provides for a paid secretary at $3500 per annum.

The remaining five measures directed at racial discrimination are as follows: 1. A.B. 63, prohibiting any question relative to race or religion to be included in bill, A.B. 155, which prohibits the employ-” 28" -application blank for state employment;

2. A.B. 64, prohibiting the placing of any notation concerning a person’s race, color or religion on any records of the Civil Service;

3. A.B. 189, requiring stenographic re“-eords to be kept of all oral ETT ‘given by the Civil Service;

4. A.B. 704, makes it unlawful iG discriminate because of race, color or religion in the employment of persons upon the works of the Central Valley Project; and,

5. A.B. 119, makes it unlawful to bar anyone from membership in a labor union — because of his race, color or creed. icc Wire-Tapping Bills — Two bills have been offered to eliminate wire-tapping.. Most inclusive is A.B. 105, submitted by Assemblymen Call, Field and Millington, who are far from liberal. Their bill sprang into being because of the Garland wire-tapping incident of last year. ‘Another bill by Senator Kenny, S.B. 29, would prohibit the installation of dicto‘graphs without the permission of the owner of property, except “‘by a peace officer when necessary in the performance of ‘his duty in detecting crime and in the apprehension of criminals.

Senator Kenny has also introduced a bill (S.B. 40) which requires the surrender by the authorities of fingerprints and other means of identification after an accused is acquitted of criminal charges.

Twenty-four assemblymen have jomed in introducing a constitutional amendment, A.C.A. 13, granting women equal rights with men in California.

. In the labor field, Assemblyman Cronin has again sponsored a bill, A.B. 304, limit- “ing the use of injunctions in labor disputes, and Assemblyman Hawkins and Senator Shelley have both introduced measures relating to the employment and transpor- tation of strike breakers, A.B. 1332 and S.B. 621, respectively.

Copies Of Bills Furnished Free As many as five copies of each of the ‘foregoing bills will be sent without charge upon request to the Legislative Bill Room, Capitol, Sacramento, or aS many as two copies of each bill will be furnished by the Supervisor of Documents, State Bldg., San Francisco. Each printed bill carries the name of the committee to which the bill has been referred. Any person wishing to appear at committee hearings (and any citizen will be heard), may request notice of such hearings by addressing a card to the chairman of the particular committee, Capitol, Sacramento.

The opinions expressed in the foregoing article are those of the writer. The Ex- ecutive Committee of the Northern California branch of the A.C.L.U. will consider these. measures at its meeting on Feb. 6.) Supreme Court Voids ~~ Pa. Alien Law

Controversy over Pennsylvania’s alien registration law was ended recently by a ‘decision of the U. S. Supreme Court holding that “the power to restrict, limit, regulate and register aliens as a distinct group is not ‘an equal and continuously existing concurrent power of state and nation, but what‘ever power a state may have is subordinate to supreme national law.”’

The American Civil Liberties Union which had participated in the test of this law in the Pennsylvania courts, withdrew from the final appeal to the Supreme Court, because the passage meanwhile of the federal Alien Registration Act had made it - “aecademic’’.

The Department of Justice, however, filed a brief amicus curiae emphasizing the main points raised by the Union. These points were cited in the court’s decision. ‘The state of Pennsylvania had sought to force aliens to carry identification cards ‘subject to inspection at any time by police. The federal law has no such provision.

On that subject the court said: ‘‘Congress plainly manifested a purpose to protect the personal liberties of law-abiding aliens through one uniform national registration system, and to leave them free from the possibility of inquisitorial practices and po- lice surveillance that might not only affect our international relations but might also generate the very disloyalty which the law has intended guarding against.”

UNION URGES DEFEAT OF DIES COMMITTEE

Defeat of the resolution continuing the work of the Dies Committee has been urged ‘by the American Civil Liberties Union in a ‘message addressed to members of Congress and the A.C.L.U.’s correspondents in all states of the Union. The resolution now pending in Congress calls for an appropriation of $500,000 to continue the Dies Committee for two years.

. In spite of the fact that the Dies Committee has spent $235,000 to date, no new legislation has resulted from its work, the Union points out, and “the net effect on civil liberties has been to promote repression of liberal and progressive causes which the Committee has unjustly associated in the public mind with Communism.” |

The statement cites the Committee’s at‘tempts to injure liberals and liberal or labor organizations by connecting them with ‘communism, its publicity-seeking efforts to ‘pin the Communist label on a long list of prominent motion picture stars, and its “various gestures meant to give the impres‘gion that the machinery of federal govern‘ment is honeycomed with Communists.”

Native and foreign Fascists and reactionary groups have, on the other hand, “been ‘gingerly handled, pampered, or altogether ignored by the Committee,” the statement points out. ‘The established agencies of government are adequately equipped to protect the country against subversive influences. No service whatever is rendered by the Dies Committee which can not be better rendered by administrative agencies and the courts.”

The Union recognizes the difficulty of combatting a committee which ‘‘so loudly boasts that it is saving the country from subversive influences.” But the Union maintains that “if the Dies Committee can not be ‘abolished, protest may at least serve. to change its methods, to limit its activities, orto diminish the number of those who take it seriously.”

PROTEST LEGISLATURE’S REFUSAL | TO SEAT EX-COMMUNIST

Protest has been voiced by the Union against the action of the Washington State Senate in refusing to seat a newly-elected senator who had been, -prior to 1939, a member of the Communist Party. Signed jointly by John Haynes Holmes, chairman and Arthur Garfield Civil Libeities Gains and Losses

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In 1940 Reviewed By Union

The ups and downs of public hysteria caused by the fortunes of war and the consequent fear of American involvement charted the course of civil liberties during 1940, according to a survey of trends in the past year made by the Civil Liberties Union.

“Following the collapse of one European democracy after another,” the Union reports, “fear of elements hostile to democracy aroused attacks in this country on alleged Fifth Columnists and the Trojan Horses—phrases instantly popular which were recklessly misused to attack all sorts of unpopular groups.”

Labor And Minority Rights Periled

The Union predicts that in the fortythree state legislatures meeting this year “scores of proposals will doubtless be introduced for restrictions on minority or lab- or rights in the alleged interest of national defense. The right to strike in defense industries is under attack, curtailment of the powers of the National Labor Relations Board will doubtless be brought sharply before Congress, the Dies Committee will ine- vitably demand a continuation of its investigation with proposals for restrictive legislation.

“Fortunately the Department of Justice, charged with the enforcement of all federal law relating to national defense, neutrality, alien registration, conscientious objectors, — and the protection of civil liberties, is unresponsive to hysterical demands for action and evidently determined to protect civil rights generally.”

Unprecedented Legislation

Reviewing the gains and losses to civil liberty in the past year, the Union points out that Congress adopted unprecedented legislation aimed at Communists and German- American Bundists as agents of foreign dictatorships. Members of both organizations were barred from employment on the W.P.A. Fear that they might be exempted from military training as conscientious objectors persuaded Congress to define conscience in terms of religious belief only. For the first time since 1798 a federal sedition act was passed, aimed at Communists and making criminal the advocacy of the overthrow of government by force and violence or membership in any organization held to advocate that doctrine. Congress adopted another bill aimed at Communists and

JEHOVAH'S WITNESSES FREED. IN FLORIDA

Acting for the American Civil Liberties Union, Edgar Waybright, Jacksonville attorney, has secured the release on a writ of habeas corpus of two Jehovah’s Witnesses imprisoned in the city stockade at Lakeland, Fla., for selling literature without a permit. Action was based on the ground that the sale of literature in the publie streets cannot be restricted by a permit system in the light of decisions of the U.S. Supreme Court.

The Union has just published ‘‘The Persecution of Jehovah’s Witnesses,” a 24page pamphlet dealing with the repeated outbreaks of mob violence against Jehovah’s Witnesses and the efforts to give them the protection of the law.

Hays, counsel, the telegram read as follows:

“We are advised that the senate has declined to seat Lenus Westman on ground of admitted former membership in Communist Party. While recognizing that senate ‘is judge of the qualifications of members it seems to us wholly undemocratic to act on basis of opinions and membership in a legal organization. Protection of minority views essential to democracy. Even if Mr. Westman were still member of Communist Party he should be recognized as representative of his constituency if democratic political rights are to be recognized and maintained.”

number pardoned

Bundists alike, registering with the Department of Justice all organizations advocat- ing the overthrow of government by force — or engaging in military training.

Jehovah’s Witnesses Attacked

But Communists, Bundists and aliens as alleged representatives of foreign ‘isms’ were not the only victims of repression. Popular hysteria was directed primarily not against them but against the members of Jehovah’s Witnesses, engaged in evangelical crusading on the streets and house-tohouse all over the country. Beginning in May with the success of the Nazi armies in Europe, and running on into September, members of this religious sect were the victims of unprecedented mob violence in 335 communities in 44 states. Over 1600 members of the organization were forcibly interfered with, mobbed, tarred and feathered, or assaulted, with comparatively little restraint by local authorities. Most of these incidents were due to the popular assumption that Jehovah’s Witnesses are somehow Nazi agents in disguise because they refuse on religious grounds to salute the flag.

“Prejudice against political minorities as disloyal elements was expressed during the national political campaign in the unprecedented difficulties encountered by minor- ity parties in getting on the ballot. Restraints were suffered by the Socialist, Soc- ialist Labor and Communist parties. Attacks on the Communists resulted in barring the party from the ballot in fifteen states, and in prosecutions growing out of election activities in five states.”

Courts Uphold Civil Rights Contrasted with the action of Congress, local officials and mobs, the Union reports that the record of the courts on civil liber ties during 1940 was strikingly favorable. The only exception was the decision of the U. S. Supreme Court upholding the right of school boards to expel Jehovah’s Witnesses for refusing to salute the flag. The Supreme Court upheld the right of picketing in labor disputes and indirectly knocked out the Oregon anti-picketing law adopted by the voters in 1938. In three cases, it sustained the rights of Negroes to a fair trial. The U.S. Circuit Court of Appeals at Cincinnati upheld the right of employers to free speech against unions when speech is not accompanied by acts of coercion.

Gov. Olson Pardons | More C. S. Victim

Governor Culbert L. Olson on January 16 granted a full and unconditional pardon to one more victim of the California criminal syndicalism law, bringing to fourteen the since he took office. Recipient of the pardon was Bernard Kyler, age 66, who, after three trials, was convicted in Sacramento in 1923 merely for membership in the Industrial Workers of the World. Kyler served approximately three years in San Quentin.

The fourteen pardons signed by the Governor include one granted to Ernest E. Er- ickson on December 20, 1939, whose application was not filed through the A.C.L.U. Erickson was convicted in July, 1923. Eleven of the fourteen who have thus far se- cured pardons received the assistance of the Northern California branch of the A.C.L.U.

Awaiting their turn for consideration by the Advisory Pardon Board are six appli- cations of victims of the criminal syndicalism law. Three of the applications will not be acted upon, however, until the petitioners file supplementary statements. Unfor- tunately, these three have moved without leaving forwarding addresses.They are, Patrick Casey, Michael J. Dunn and Charles Lessee. If anyone knows their whereabouts please notify the A.C.L.U.

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

Phone: EXbrook 1816 ERNEST BHSIG PAULINE W. DAVIES...............--...-----Associate Editor Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

Executive Committee | Of the A.C.L. U.

PARSONS, EDWARD L. — Chairman of the local Branch of the A.C.L.U.; recently retired as Bishop of the Episcopal Diocese of California; national Vice-Chairman of the A.C.L.U. BESIG, ERNEST J. — Director of the ; erties California Branch of the A.C. ADAMS, PHILIP—San Francisco lawyer. BROWN, GLADYS — Active in women’s affairs in California. BROWN, HAROLD CHAPMAN — Professor of Philosophy at Stanford University. CARRASCO, HERBERT C. — State Labor Commissioner; formerly Division Chairman of the Brotherhood of Railway Clerks. COLLINS, WAYNE M. — San Francisco lawyer who has appeared in many civil liberties cases. oe CRONIN, JAMES J. — San Francisco lawyer. ECKERT, RALPH N. — Teacher at the Stockton Junior College. GARRY, CHARLES R. — San Francisco Lawyer. GRUPP, MORRIS M. lawyer. HOOVER, GLENN — Profesor of Economics and Sociology at Mills College. LOWTHER, EDGAR A. — Co-pastor of the First Congregational-MethodistTemple, San Francisco. BOS MEIKLEJOHN, ALEXANDER — Former President of Amherst College; head of Experimental College, University of Wisconsin; founder of the School of. Social Studies, San Francisco; author. " OPPENHEIMER, J. R. — Professor of Physics at the University of California. PORTER, Mrs. BRUCE — Active in ‘liberal movements. RALSTON, JACKSON H. — Former counsel for the American Federation of Labor; umpire in international disputes; ae on international law and tax questions. RUST, CLARENCE E. — Oakland lawyer. SALZ, HELEN — Artist. THOMPSON, JOSEPH S. — President of the Pacific Electric Manufacturing Corp. of San Francisco; former President of the San Francisco Symphony; former President of the Bohemian Club. TOLMAN, KATHLEEN D. — Active in the peace movement. VANDERLAAN, ELDRED C. — Former Unitarian minister; leader and lecturer — San Francisco for the Humanist Fellowship at Berkeley; High School teacher, San Francisco. — WELCH, MARIE de LAVEAGA — Writer. WOOD, CHARLES ERSKINE SCOTT — Colonel, U. S. A., Ret.; lawyer, writer. A.C.L.U. STAND UPHELD | BY 72 PERCENT

As the result of a recent syndicated news paper debate on “Should Communist and Nazi Organizations be Outlawed?” between Milo J. Warner, National Commander, The American Legion, and Roger N. Baldwin, Director of the American Civil Liberties Union, readers’ votes on the proposition were reported by the American Forum as 72% in favor of the position taken by Mr. Baldwin and 28% in favor of the position taken by Mr. Warner.

The result is contrary to the expression of public opinion in Gallup and other polls, which showed a majority in favor of suppressing anti-democratic movements. It is assumed that the presentation of arguments rather than the asking ofa question pro- duced the contrary result.

“Editor —

Bertrand Russell Case Winds Up

Any further action in the courts on behalf of Bertrand Russell is blocked by a decision of the New York Court of Appeals last month, refusing for the second time to hear his appeal from an order revoking his appointment to teach at the College of the City of New York.

According to Osmond K. Fraenkel volunteer counsel enlisted by the American Civil Liberties Union the decision, closing the door to further contest, in effect denies the right of Mr. Russell to intervene in his own behalf.

. The case, which began in the spring of 1940 with a taxpayer’s suit to void the appointment, ran a dramatic course which ended, so far as the official agencies were concerned, with a decision in October denying to the Board of Higher Education the right to engage private counsel. —

This was the first case on record where a court stepped in to void an appointment by a board of education on petition of a single citizen, denied a school board the right to engage private cousel, and the teacher involved the right to a hearing.

The Union recently published in pamphlet form a comprehensive review of the case, in which sixteen leading educators record “their sense of the national importance of the issues raised, particularly in reference to the grounds for judicial interference with the prerogatives of a board of education.”

Bund Leaders Convicted Under “Race Hatred” Law

New Jersey’s “race hatred” statute was recently upheld in a decision by Common Pleas Judge J. C. Losey at Newton, N. J. which convicted ten German-American Bund leaders and associates for anti-Semitic speeches made last June at Camp Nordland, Bund recreation center.

The American Civil Liberties Union had filed a brief as friend of the court attacking the constitutionality of the statute as an “unlawful restriction of the constitutional freedom of speech, press and assemblage’. The Union opposed enactment of the law in 1935 and has long sought to test it in the COUrIS. =~ :

Those convicted face a maximum sentence of three years in prison and $5,000 fine. Sentences will be imposed January 31. An appeal will be taken. | --In this decision, Judge Losey declared that the “police power” of a state permitted the legislature to enact laws “‘ to promote the order, safety, health, morals and general welfare of society’ and ‘‘to protect its citizens.” :

The statute prohibits inciting racial or religious hatred by speeches or by permitt- ‘ing such speeches to be made. Judge Losey held that ‘“‘a speech which in any way in- cites, consoles, promotes or advocates hatred, abuse, violence, or hostility against ‘persons by reason of race does not appear to be fair, just, right or reasonable and na- turally tends to provoke or incite others to ‘break the peace.”

Free speech, Judge Losey concluded, was “never intended to constitute an absolute license to speak or publish anything one pleases.”

FIVE LYNCHINGS IN 1940 SAYS N.A.A.C.P. REPORT

During the year 1940 five persons, four colored and one white, whose. cases have been authenticated, were found to have been lynched; and the deaths of ten others suspected of being lynched are still under investigation, the National Association for the Advancement of Colored People announces. The record represents one more than the number reported for 1939. The cases of suspected lynchings still under investigation by the N. A. A. C. P. and other organizations include three in Georgia, four in Louisiana, and one each in Florida, Mississippi, and Tennessee. Whether these ‘eases will be classified as lynchings will be determined upon the completion of the in- vestigations, N.A.A.C.P. officials said.

Leniency Plea For C.07-'s Turned Down by Att'y General

Attorney General Robert H. Jackson has declined to intervene in efforts to modify sentences of conscientious objectors who refused to register, according to Ernest An- gell, chairman of the National Committee on Conscientious Objectors.

In response to pleas for leniency by Mr. Angell, the Attorney General pointed out that there is no statuory authority which would permit officials to ‘‘register’ objectors who refused to perform the act of registration.

“It did not seem proper that I should ask registration officials to violate the law to protect these men,” wrote Mr. Jackson. ‘‘Moreover, I became convinced that their position was a challenge to the integrity of our whole system of recruitment as well as to the cause of the law-abiding conscientious objector.”

Declaring that Congress has given the objector the privilege of avoiding combat duty, Mr. Jackson pointed out that the leg-islature has asked only that the objector “register along with all others and submit the good faith of his objection to examina- tion so that the conscientious objector privilege would not be an invitation to evad- ers.”

According to a survey by the Committee on Conscientious Objectors, the thirty ob- jectors throughout the country who refused to register and have been convicted and jailed, received a diversity of sentences ranging from three months to five years.

Most of the sentences were for a year, or a year anda day. Twenty-six non-registrants are still awaiting trial.

Thus far, draft boards have shown varied attitudes toward objectors, the Committee finds. In one instance, a Pennsylvania divinity student was placed in Class IA, while an objector in New York was classified in 4 E. According to Selective Service offic- ials in Washington, of the first 800,000 draftees called, an estimated 1% filed questionnaires as conscientious objectors...

BLOW STRUCK AT ACADEMIC FREEDOM IN LOS ANGELES

The teaching of history and social science in Los Angeles public schools has been made dangerous by the enactment of a regulation by the School Board prohibiting the advocacy of un-American doctrines. The rule reads as follows:

“The teaching of Communism, Nazism, Fascism or any other system or plan of gov- ernment, excepting the American system, or plan, for the purpose or with the intent of indoctrinating any student or students with the principles of any such system or plan, or for the purpose or with the intent of inculcating in the mind of any student or students a preference for any such system | or plan for the purpose or with the intent of advocating any such system or plan, as opposed to said American system or plan in any school or upon any property of the Los Angeles City School District, hereby is prohibited.” | :

The motive behind this regulation may be patriotic enough, but its effect can only be to intimidate a teacher and to cause him to shy away from the discussion of contro- versial issues lest he be charged with advo. cating Communism or some other prohibit- ed doctrine. :

THE A.C.L.U. HAS NO CONNECTION WITH ANY UNITED FRONT ~

Recently the A.C.L.U. received inquiries concerning a dinner held under the auspices of the Civil Rights Council of Northern California. We regret the confusion about the identity of the two organizations because there is no connection between them.

Moreover, the aims and purposes of the two groups are quite different. The Council is a Communist front organization looking for innocents in the civil liberties field. Until recently it did business as the Academic and Civil Rights Council of California. A year ago the A.C.L.U. declined the Council’s invitation to join its united front.