vol. 6, no. 9

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. VI SAN FRANCISCO, CALIFORNIA, SEPTEMBER, 1941 No. 9

QUAKER TARGET OF WITCH HUNT

May Get 10 Vea For Urging Army Men to Oppose Foreign Service

The Department of Justice through Wendell Berge, Assistant Attorney General. has informed the A.C.L.U. that it has requested a report from Frank J. Hennessy, U.S. Attor- ney at San Francisco, concerning the complaint filed against Wesley C. Miller, Berkeley Quaker on August 4, 1941, charging him with intending to cause disaffection in the armed forces of the United ‘States by sending letters to camp commanders urging them ta get together and refuse to send draftees out of the western hemisphere. “It will not be possible to decide as to what action is to be taken until this report is received,” declared Mr. Berge. “However, I want to assure you that the Department is making a very careful investigation of all the facts and circumstances in order to prevent any injustice being done.’

As the case now stands, Miller has been held to answer to the U. S. Grand Jury by Commissioner Ernest Williams, but the local U. 8.°-Attorney very kindly consented to postpone presentation of the case to the Grand Jury until early in September in order to allow the entire matter to be submitted to the Attorney Genera] for his con- sideration. In the meantime, Miller is at liberty on $2500 bail provided by his 73- year-old mother, the widow of an officer of the Naval Intelligence during the last war.

First Prosecution of Its Kind

This is the first prosecution of its kind in the country under that section of the Alien Registration Act of 1940 which punishes speech or writing intended to cause disaf- fection in the armed forces of the United States by up to ten years in prison, $10,000 fine, or both. When the law went into effect, the Department of Justice on June 11, 1940, made it a policy to require cases of this character to be referred to Washington “for prior approval before taking prosecutive action,”’ in order to ‘‘establish uniform and effective standards which will not only safeguard national interests, but will also secure the rights and civil liberties of the individual.’”’ In cases of emergency, however, local U. S. Attorneys were authorized ‘to take such necessary action as might be appropriate and thereafter to notify the Department of the action taken.

Miller Is Mild-Mannered C. O.

Certainly this case presented no emergency and the complaint should have been submitted to the Department of Justice for its approval. before any proceeding was commenced. Miller, now 36, is a mildmannered Quaker and a recognized conscientious objector instead of the fire-brand agitator one might expect to be prosecuted under a law that was admittedly aimed at “subversive activities’ of Communists, Nazis and Fascists, but which makes any criticism of the Army or Navy by anyone unsafe. While Miller is an educated man, having been graduated from the University of California in 1932, some regard him asa naive idealist, others say he has always been eccentric or peculiar, while still others look upon him simply as a harmless crackpot. Surely the FBI has more important work at hand than to pursue persons in the crackpot class.

As Congressman J erry Voorhis put it, “It certainly looks to me as though the Depart- ment of Justice would look foolish if they went into a vigorous prosecution of this man for what he has done, and I would agree with you that he acted in such a very open manner that it is difficult to conceive that he intended any harm.”’

No Subtle, Secret Plot

This was no subtle, secret plot to undermine the government. Instead, Miller quite openly wrote identical, signed letterg to (Continued on Page 4, Col. 1)

RogerN. Baldwin Visits Bay Area, Nov. 5-8

Roger Nash Baldwin, dynamic national director of the American Civil Liberties Union, will visit the bay area on a short speaking tour from Wednesday, November 5 to Saturday, November 8. While Mr. Baldwin’s engagements have not yet been arranged, public evening meetings are contemplated in San Francisco, Berkeley and Palo Alto. Mr. Baldwin will also be glad to meet with small groups during the day. Groups that would like to meet with Mr. Baldwin are urged to contact the A.C.L.U. office without delay.

The announced subjects of Mr. Baldwin’s talks are as follows:

1. The Prospects for Civil Liberties; 2: ae Defense and Democracy;

3. Liberty’ s National Emergency.

Arrangements can also be made for a discussion of the following topics:

1. Labor’s Civil Rights; 2. Censorship and the Crisis; and, 3. What Freedom In Our Colleges? —

Two years ago, in November, 1939, Mr. Baldwin made his first trip to the coast since 1926. On that occasion he made ten public appearances in six days before enthusiastic audiences. DON’T FAIL TO HEAR ROGER BALDWIN IN NOVEMBER!

No Assurance ‘Hot Cargo’ Referendum Will Qualify

Close to 300,000 names were filed throughout California with registrars of voters within the required time in an effort to secure a referendum on the “Hot Cargo”’ bill enacted by the last legislature over Governor Olson’s veto. Exactly 132,513 valid signatures are required on the petitions to place the measure on the November, 1942, ballot. County registrars must certify the valid signatures to the Secretary of State by September 12, so by September 18 it will be known whether the referendum qualified. If so, enforcement of the measure will await the decision of the electorate. The chances are that the referendum petitions will carry barely enough valid signatures. Some of the reasons for this rather poor showing can be summed up as follows:

1, Failure of an astonishing percentage of the labor vote to keep its registration up to date. Thousands have moved since the last election without re-registering. ARE YOU A QUALIFIED VOTER?

2. Shortness of time in which to collect the necessary signatures resulting from un- necessary delay while labor leaders decided whether to go ahead with the referendum or to rely upon a court test,

3. General ignorance about the measure among the group most affected by it, and little concerted effort by the labor people, many of whom tacitly opposed the move on the theory that the best procedure was to secure a legal test of the law.

ROGER NASH BALDWIN

Page 2

Conscience Under The Draft

Roger Baldwin has published an article under the above title in the August 9 issue of The Nation: In his opinion C.O.’s “have received surprisingly sympathetic treatment,” but there are still several unsolved .problems.

prison, the government has already prosecuted 200 men who openly refused to reg- ister. Under new regulations, however, such objectors who present themselves to local draft boards will be automatically registered anyway.

Even so, further prosecutions may result . from the refusal to recognize the objections of draftees, or from the refusal of some of ‘them to accept assignment to camps under private religious auspices where they are obliged to pay $35 a month or to accept charity for their maintenance.

Roger Baldwin argues for total exemption of conscientious objectors as obtains -under the British conscription act. Point-. ing to our own total exemption of the clergy and. theological students, he declares, “If exemption is valid for them on the ground of their relationship to higher sanctions than the state’s, it is valid for men who do not happen to follow. their calling but who are equally bound by conscience. We have recognized the principle in law. It remains only to apply it fully and logically.”

The San Dimas Ratiler, | Offspring of the C. O.'s

Persons who want to acquaint themselves with what happens to conscientious objectors ‘under the draft law should subscribe to The San Dimas Rattler, the first issue of which was published by the members of the San‘ Dimas Civilian Public Service Camp, Box 216, Glendora, ‘California, on August 16; and which hopes to appear irregularly for ‘‘the duration.” To receive the modest {-page mimeographed sheet, all you have to do is to send a contribution towards the cost of publication. “It has been suggested that 50c would partially cover the cost pe 20 issues.”

Among other things, the first issue contains a list of the camp’s 51 C. O.’s (as of August 11), together with their home towns and their church affiliations. Exactly 23 denominations are represented among the 51 campers, and two men claim no church affiliation. Mennonite-Brethren (two of the historic peace churches) head the list with 6 campers each, while Mennonites, Methodists, and Presbyterians come next with 4 each. Then there is an assortment of Quakers and everything from a Jew to a | Roman Catholic.

All but seven of the objectors range in age. from 21 to 27,.:.with 24 either twenty-. two or twenty-three years of age. The eldest of the lot is 35. Only two were born out- side the United States. One more figure— in a month the campers gained an average of 2'% pounds per man.

And here is the chief reason the’ editor’s cite for their new publication: “The edi- torial staff through this paper hopes to be able to inform people in communities far and near that we are primarily interested in peace throughout the world. If such peace is to be achieved someone has to act as well as talk for.that peace. We are in camp because of our conviction that. war is wrong and we are willing to take our stand i in a ereative field of service.’

NEW WORK PLAN PROPOSED FOR CONSCIENTIOUS. OBJECTORS

Dispatches from Washington indicate that the 1200 conscientious objectors now in camp may be organized into “work battalions’”’ to fill the gap wherever there is a farm labor shortage. Thus far the men have been engaged essentially in a soil conservation program. It is said that the plan is being worked out by the Agricultural De. fense Relations and the Selective Service.

Union Appeals Naturalization Case To U. s. ‘Supreme Court

Spencorai. by the ‘Southern California Branch of the American Civil Liberties Union, a petition for a writ of certiorari has been filed with the Supreme Court of the While it was-the Gntedtion of the whege United States by Louis Weber, an alien, -ment ‘not to send any genuine objectors to. who was denied naturalization because he had been on public relief. Weber’s application for citizenship was rejected. by United States District Judge — Harry A. Holzer at Los Angeles on the ground that an indigent alien who had been receiving charity was not “attached to the principles of the Constitution” and not ‘well disposed to the good order and happiness of the United States.” Another basis for Judge Holzer’s action was an intimation that Weber failed to apply for his citizenship after many years of residence in this country, and presumably applied when he did because the California Old Age Pension law is valid only for citizens.

Appeal of the case to the Federal Circuit Court of Appeal at San Francisco resulted in the court’s approval of Judge Holzer’s ruling, although the Solicitor Genera] of the United States filed with the Appellate Court a “confession of error’. This advised the court that Judge Holzer’s action was “without statutory warrant and plainly unwise.’

The filing of the petition for a writ of certiorari with the United States Supreme Court represents a joint effort of the Southern California Branch and the national of- fice of the American Civil Liberties Union to secure a decision on a question upon which many of the federal courts have differed. Prior to the Weber case, some of the judges of the Los Angeles District Court had denied naturalization because of indigency, while others granted it under similar circumstances. This difference of opinion has also marked the practice in many federal courts.

Weber’s petition to the U. S. Se prere Court was filed by A. L. Wirin, Los Angeles attorney for the American Civil Liberties Union DENIAL OF RIGHT OF PETITION LEADS TO COURT TEST —

Last March the San Mateo Board of Supervisors adopted a resolution barring “all known members of subversive groups” from appearing before the Board to speak. When J. M. Reynolds, secretary of Labor’s NonPartisan League, and Frank M. Price, chairman, sought to address the board, they . were denied the right to speak. Now the men have filed a petition for a writ of mandate that is returnable before the San Mateo County Superior Court on September 8.

The A. C. L. U. protested without avail against the Board’s resolution. It contended that the State Constitution specifically guarantees the right of petition to all per- sons without distinction. ‘“You may no more bar ‘subversives’ from the right to a hear- ing,’ said the Union, ‘‘than you may bar Negroes, Catholics, Jews, Christians, or any other group, so long as they conduct themselves in an orderly manner.”

“MY LAND OF LIBERTY”

Chester S. Williams, Specialist in Conference Planning with the U.S. Office of Edu- cation, has just compiled a booklet, “My Land of Liberty” (Whitman Publishing Co., Racine, Wiscensin), which contains ‘“‘the ringing words of champions of democracy.” Pocket size, but covering 128 pages, we understand the booklet is on sale in five and ten cent stores. A supply will be available at the A.C.L.U. office in the near fu- ture, -from the regular school.

| Massachusetts Supreme Court Sustains Children

Three Deerficta -Mass., children, Jehovah’s Witnesses, ‘expelled from school in 1938 for refusing to salute the American flag on religious grounds, need not be committed to a reform schoo] as “habitual school offenders’, the Massachusetts Supreme Court ruled last month. The American Civil Liberties Union, which aided in the defense of the children, hailed the longdelayed decision as “a satisfactory conclu| sion,’

The children— William, Dorothy and Gloria Johnson — persistently refused to take part in flag exercises on the ground that they and their parents belong to Jehovah’s Witnesses, a religious group whose members “sincerely and honestly believe that participation in the exercises contravenes the law of Almighty God.”

Following their expulsion from school. the school authorities tried to get the chil- dren committed to a county training school on the ground that their enforced absence ‘from the regular school made them “habitual offenders’’. In this contention the ‘school board was upheld by the lower courts. This decision has now been reversed by the State Supreme Court, which ruled that no ‘misconduct or misbehavior” -was involved of a nature to warrant sending the children to a reform school. The Supreme Court did not consider the propriety of the exclusion of the three children Their expulsion was sustained by a U.S. District Court.

7 Phe Massachusetts decision concludes the court cases in which the authorities have sought to go beyond expulsion to commitment to reform school. The New Hampshire Supreme Court unanimously in the spring reversed a lower court order committing children of Jehovah’s Witnesses, and’ a New York State court followed shortly with a similar decision. The expelled children, of whom there are some 500 throughout. the country attend private 2schools organized by the Witnesses. Be

UNION SUPPORTS BILL WHICH . PROHIBITS MAILING OF UNIDENTIFIED FOREIGN PROPAGANDA

Roger N. Baldwin, Director of the American Civil Liberties Union, has written to Senator Kenneth McKellar, chairman of the U. S. Senate Committee on Post Offices — and Post Roads, urging a favorable report on S. 313, a bill to require the identification of all. propaganda mailed in this fountry by registered foreign agents.

“It seems to us a bill so obviously desirable’, Mr. Baldwin said, “that we cannot understand why your committee has not yet reported it. It would seem that it should go through without any urging.”

In a letter to the American Civil Liberties . Union, Senator Alexander Wiley (R., Wis- consin), a member of the Committee on Naval Affairs and author of S. 313, explained that the bill was “designed to correct the evil which exists in the dissemination of unidentified propaganda throughout this country.” At the same time, he added, the bill “is definitely designed in such a™ way that it will.not constitute any unwar| ranted abridgment of our traditional rights. It merely seeks to identify the propaganda so that our citizens can evaluate its merit, knowing its source.’

Senator Wiley: expressed his pelief that the bill should be enacted to serve as a safe- guard against those foreign propaganda agencies now in existence or which may be created in the future.

“The Constitution of the United States is a law for rulers and people, equally in war — and in peace, and covers with the shield of its protection all classess of men, at all times and under all circumstances. No doctrine involving. more pernicious ‘ conse- quences was ever invented by the wit of — man than that any of its provisions can be suspended during any of the Rae exi— gencies of government. * (U. S. Supreme Court, in Ex parte Milligan, 4 Wall. U. Ss. 2, 1866. )

Union Aids Alien Facing A.C, 1,,U. Protests Procedure Used In Deportation for Red Membership In 1923

Facing deportation charges preferred by the Department of Justice because he was a member of the Communist Party for a brief period in 1923, Andy Harminson, of -Washington County, Pa., has appealed to the American Civil] Liberties Union for aid in his legal fight to remain in this country, where he has lived for eighteen years and raised a large family. The Union has instructed its attorney in Pittsburgh, Frank Schwartz, to aid Harminson on the grounds that Harminson’s deportation would be “a clear violation of his constitutional rights and privileges.’’ .

Under the new law passed to overcome the Strecker decision in the United States Supreme Court, membership at any time in a “subversive” organization renders an alien subject to deportation. The Supreme Court, however, has never passed on this issue, as it affects former members of the Communist Party. The Union has instructed its Pittsburgh attorney to take the Harminson case up with the Department of Justice before considering court action. Harminson has had difficulties for a number of years because of his brief membership in the Communist Party in 1923. In (1924 a Pennsylvania court rejected his application for second citizenship papers both because of this membership and because he told the judge he thought Lenin was “one of the greatest men that ever lived”. In 1938 he applied again, was granted citizenship, but two days later this was cancelled and he was again cross-examined about his political views.

Harminson is 61 years old, and the father of 10 children, eight of whom were born in this country. He is now unable to work because he broke his back in the Pennsylvania coal mines. He describes himself as a partisan of President Roosevelt, “the friend of the working class.” .

In a letter to the American Civil Liberties Union, Harminson said he not only wants to be saved from deportation, but would like to obtain the American citizenship which he has been trying to get for the past seventeen years.

Maintaining Freedom Of Speech

“The Supreme Court, though much more anxious to support liberty of speech than it was twenty years ago, can do nothing to keep discussion open during an emergency. Cases of suppression will reach Washington long after the emergency is over. What counts is what is done by the local United States judges. Still more important is the attitude of the prosecutors and the police, because they can stifle free speech by breaking up meetings by arrests and by confiscating pamphlets, yet neglecting to bring many persons to trial. Above all, the maintenance of open discussion depends on the great body of unofficial citizens. If a community does not respect liberty for unpopular ideas, it can easily drive such ideas underground, by persistent discouragement and sneers, by social ostracism, by the boycotting of newspapers and magazines, by refusal to rent halls, by objections to the use of municipal auditoriums and schoolhouses, by discharging teachers and profes‘sors and journalists, by mobs, and threats of lynching. On the other hand, an atmosphere of open and unimpeded controversy may be made as fully a part of the life of a community as any other American tradition. The law plays only a small part in either suppression or freedom. In the long run the public gets just as much freedom of speech as it really wanis.’’ (The foregoing quotation is taken from the final chapter of ‘‘Free Speech in the United States,” by Zechariah Chafee, Jr., Langdell Professor of Law at the Harvard Law School. The book will make its appearance in the near future.)

Page 3

Mare Island Dismissals

The A.C.L,U. has protested to Admiral W. L. Friedell, Commandant of the Mare Island Navy Yard and to Secretary of the Navy Frank Knox against the procedure followed in firing 28 civil service employees at the Mare Island Navy Yard on June 30 last. It may be recalled that the daily press related that the men had been discharged “in the interest of national defense, with prejudice,’ because of their alleged “subversive activities.” Involved were various C.1.0,, A. F. of L. and non-affiliated workers with records of five to twenty years of employment in the Navy Yard. The men themselves. were given no reason for their release except the statement that it was “in the interest of national defense, with prejudice.”

General Reason Finally Given

Admiral Friedell, in response to the Union’s inquiries, stated that each man would be informed of the reason for his release if within 30 days he presented himself for such purpose to the Commandant. As far as we can ascertain, as each man presented himself he was informed that the dismissal ‘“‘was warranted by the demands of national security and was made from the Navy Yard because a confidential investigation disclosed that you do not possess the requisite degree of loyalty to the United States to remain an employee at this Navy Yard since you have been actively associated with members of and attending meetings of an organization which advocates the overthrow of the constitutional form of government of the United States.’’ The men that presented themselves were given 30 days from the date of the interview to submit “any statement or affidavit, or both, which you may desire to. show why you should be retained and not discharged.”’ No discussion was allowed. In one case, the discharged worker was accused of “having participated in an organization which advocated the overthrow of the constitutional form of government of the United States.”

Inherent Dangers In New Regulations The procedure outlined above is said to be in conformance with a law enacted. by the Congress in 1940, which suspends the usual rights to notice and a fair hearing before civil service employees can be discharged, and. permits summary dismissal in the interest of national defense. ‘We recognize the limitations of the law,’’ said the Union in its protests, ‘and appreciate fully that if it needs correcting, appeals should be directed to the Congress, We are also mindful of the unlimited national emergency that has been declared by the President which might justify certain reasonable restrictions on freedom of opinion and association in order to insure the security of the nation. At the same time, we feel that there are certain inherent dangers in the new regulations which must be closely guarded against if civil service employees are to receive the fair and just treatment that igs due them.”

Charges Should Be Specific

The Union went on to say that it was not suggesting that the government ought to disclose the means used to secure its information, but ‘‘the charges should be given with greater particularity to allow an in-” telligent defense.” It was pointed out that unless an accused were informed with particularity of the charges against him, he could hardly answer the unknown charges by affidavit or statement as allowed by the government. “Tf he attended, or is reported as having attended, certain meetings,” said the Union, “he should be informed of the time, place and nature of the meetings, and who his evil associates were.” As it stands now, the dismissed employees may be the innocent victims of grudges, jealousies or the mere suspicions of neurotic minds. The public also has a right to know just what meetings and persons the Naval Intelligence and the Navy brass hats regard as — subversive.

Incidentally navy officials have stated publicity that none of the men were suspected of sabotage, but the dismissals were merely “a precautionary measure.”

UNION TAKES PART IN TEST OF DEVANEY ACT

A brief as friend of the court will be filed by the American Civil Liberties Union in the case of Nancy Reed, dismissed on August 15th from her post in the New York State Department of Labor for alleged membership in the Communist Party. The Union’s brief will be filed in behalf of Miss Reed’s court contest to attack the constitutionality of the Devaney Act, under which she was dismissed.

The Devaney Act of 1939 bars from public service persons who advocate overthrow of the government by force and violence. At the time the law was passed, the Civil Liberties Union opposed it on the ground that it violated the Bill of Rights in penaliz- ing people for mere opinions. It urged that the act be tested in the courts. Miss Reed’s is the first. test case.

At the time of her dismissal for her alleged political views, Nancy Reed was Senior Employment Interviewer in the Division of Placement and Unemployment Insurance of the New York State Department of Labor. Entitled by law to an administrative hearing by the State Labor Department, on these charges, Miss Reed declined to go through with it on the ground that the head of her division had already approved of her dismissal.

In a statement issued on the Devaney Act early this year, the American Civil Liberties Union maintained the basic principle that “mere membership in an organization should not be the basis for discipline or dismissal’’ in public services.

“THE STORY OF CIVIL LIBERTY” NOT FIT READING IN ARMY CAMPS

For the past couple of months the Union has informed its supporters that they may secure copies of Leon Whipple’s authoritative book, “The Story of Civil Liberties in the United States” at 25c. Now we learn that the Army has rejected a gift of the book for its camp libraries.

Under date of July 11, the Chicago Public Library informed the Chicago Civil Lib- erties Committee that it was conducting a drive for books for use in camp libraries in: the Sixth Corps Area. Fiction and nonfiction’ books were requested. “We would like to make a success of this venture,” said the Library, “and hope that you will support us in our endeavor to supply service men with recreational reading.”

The A.C.L.U. promptly offered to furnish several copies of Leon Whipple’s book, only to receive the following reply from Major C. C. Gregg, Asst. Adjustant General:

“The Commanding General has directed me to acknowledge receipt of your letter dated July 21, 1941, addressed to Miss Mildred Bruder of the Chicago Public Li- brary, in which you offer to furnish copies of the book ‘‘The Story of Civil Liberties in the United States” to Army libraries. =

“The patriotic spirit which prompted your generous offer is greatly appreciated but there is no demand for books of this type in Army libraries. For this reason your of- fer is not accepted and sample copy of the © book has been returned under separate cover. ...”

The above incident is one more reason why you should acquaint yourself with Whipple’s book.

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

Phone: EXbrook 1816 ERNEST BESIG | Editor

Entered as second-class matter, July 31, 1941, at the Post Office at San Francisco, California, under the Act of March 38, 1879.

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QUAKER TARGET OF WITCH HUNT (Continued from Page 1, Col. 2)

four camp commanders suggesting that they. get together and refuse: to send draftees out of the hemisphere. He did not counsel disobedience to law, because the Draft Act provides specifically that ‘“Persons inducted into the land forces of the United States under this Act shall not be employed beyond the limits of the Western Hemisphere except in the Territories and possessions of the United States, including the Philippine Islands.” In other words, he asked the camp commanders merely to uphold the present law. Enclosed with with each letter was a copy of one sent to the President outlining Miller’s plan to keep our armed forces in this hemisphere In order to defend ourselves. Drafts boards were to be requested by him to notify camp commanders that all men classified by them would be subject to military service only in this hemisphere. ‘Would it give you support,” he naively asked the camp commanders, “if drafted persons at the time of their a induction, handed in letters saying they would not serve outside this hemisphere.” (The entire letter is printed elsewhere in this issue of the News.)

The Complaint Should Be Dismissed

Supporters of civil liberties are requested to send letters to Assistant Attorney- General Wendell Berge, Department. of Justice, Washington, D. C., and to United States Attorney Frank J. Hennessy, ‘San Francisco, Calif., urging that the complaint be dismissed. Request your Congressman and Senators Sheridan Downey and Hiram W. Johnson to urge the Department of Justice to drop this improvident prosecution. SUCH LETTERS SHOULD BE SENT WITHOUT DELAY. =

Refuse Opera ‘House ToS. F. Town Hall

San Francisco’s Town Hall has been refused the use of the War Memorial Opera House for a debate between Sinclair Lewis and Lewis Browne to take place next January 19, on the question, “Is the U. S. Vulnerable to Dictatorship?’’ Two reasons were advanced for refusing the rental of the auditorium:

. 1.. The subject of the meeting is “highly controversial’? and might engender bitter feelings;

2...The rental would be contrary to the trustee’s policy of limiting the use of the opera house to “artistic performances.”’ Certainly, neither reason is adequate. We emulate the practice of totalitarian states when we prevent the discussion of contro- versial public issues. And the Board by its action establishes itself as the censor of what the public shall and shall not discuss.

The other ground for refusing the lease is equally, untenable. Gracie Fields recently used the Opera House for an Aid to Britain performance, and Thomas Mann, Dorothy Thompson and other noted persons have appeared in the Opera House under the auspices of the San Francisco Town Hall.

What then is the reason for this sudden change of policy? Ramsay Moran, president of the opera house trustees, complained to this writer that the downtown theatre owners have protested against the opera house taking business away from them. ‘“‘Why doesn’t the. Town Hall rent the Curran Theatre?” Mr. Moran asked.

It is suggested that members of the Union write to the Trustees of the War Memorial Opera House urging them to. reconsider their action.

The Letter That Caused Wesley Miller's Arrest

1901 San Antonio Ave., Berkeley, California, dune 22, 1941, Commanding Officer, Fort Ord, Monterey County, Calif.

Dear Sir: ’ The enclosed letter suggests a new way some time ago. to help your country. Specifically, it is that the commanders of military encampments get together and refuse to send drafted persons out of this hemisphere. This suggestion may be treason; but I am driven to it by the illegal actions and the obvious intentions of our government. Among other illegal actions, probably the worst is the sending of the American navy and American soldiers to Australia, which was done By obvious intentions I mean recent statements about seizing Dakar in Africa—also Secretary Stimpson’s speech to the effect that American armed forces might have to fight anywhere in the world if that was ‘“‘necessary” for America “defense.”

The American people are against foreign wars; and many good military authorities say that we can best. defend ourselves by staying at home, and that we are practically immune to invasion from without. Especially do they confirm this to be. true if we have a good force of coast defense planes which can “see the whites of their eyes” long before the “enemy” has a chance to hit the American public.

Would it help give you support if drafted persons, at the time of their induction, handed in letters saying they would not serve outside this hemisphere. An early reply will be appreciated.

Very respectfully yours, = WESLEY C. MILLER. In replying, please use my business ad- dress: c/o State Fish and Game Commission, Ferry Bldg., San Francisco, Cal.

FANTASTIC PLOT RESULTS IN ‘CONVICTION UNDER THE NATIONAL SEDITION ACT

The country’s first conviction under its sedition law, enacted in 1940, occurred in San Diego on August 7. Victim of the law was John K. Larremore, 42, San Francisco negro and self-styled doctor of metaphysics, who was sentenced to two years in the federal prison by Judge Leon Yankwich.

Larremore was charged with “uttering and making known a written manuscript in which, by a combination of acts the white race would be exterminated by the black and bronze races.” More particularly, Larremore was charged with urging two negroes to desert the U. S. Navy and to join in a Japanese-Negro attempt to overthrow the Mexican government, then establish a base at Fort Huachuca, Arizona, and conduct military operations against the United States. —

In other times, we are sure that this fantastic plot would have been laughed off as the imaginings of a lunatic, but today jittery public officials have lost agreat deal of their perspective and sense of humor. While this case presents an opportunity to test the constitutionality of the law, the A.C.L.U. is already involved in one test of the law, the Minneapolis teamsterTrotsky case, which is scheduled to come to trial in the near future.

OKLAHOMA CITY BANS LINDBERGH AMERICA FIRST MEETING

The City Council of Oklahoma City on August 26 cancelled a permit for a meeting at the Municipal Auditorium at which Charles A. Lindbergh was to speak under the auspices of the America First Committee on August 29. The Council acted after receiving protests from the American Legion and other patriotic organizations.

An Enclosure That Helped Cause Miller's Arrest

Wesley C. Miller enclosed the following letter in the one he sent to camp command— ers and, therefore, also forms a basis of the complaint against him. It bears the date of dune 17,1941... 7. = 7 Hon. Franklin D. Roosevelt, President, USA Chief of Staff, Gen. George Marshall, Brig. Gen. Lewis B: Hershey, Director of Selective Service.

Gentlemen: Some time ago I wrote you asking that you refuse to send men (and I now add drafted women nurses) out of this hemisphere. I also said that I would attempt to organize support for you from draft boards. Specifically, I said that I would try to get | them to use their power to excuse men — from military service to the extent of writ-- ing letters to commanders of military encampments, saying that they forbid all men inducted through their boards to be used outside of this hemisphere. You did not an- swer me directly but sent my letter back — to my local draft board, which is hardly an answer. Not having had a direct, answer from you, I am going ahead and attempting to organize this support.

Memoranda such as the following are being sent to local draft boards in California. Fhey will be accompanied by written requests asking that such boards send letters to military commanders saying they excuse men inducted through their boards from all service outside this hemisphere. Copies of this letter will be sent to the local draft boards. This will be a beginning. I hope that with this support you will be able to keep our armed forces where they belong, and not elsewhere.

Would it help in giving you such support if men handed in letters, at the time of in- duction, to military commanders saying they would not serve outside this hemisphere? I asked this question in my previous letter. . ALG. Seer noise ' The attached letter proves I think, that — the war is not to “‘win’’, but a racket being kept going for private profit and advantage.

There is no use in having the President “forced” into war outside this. hemisphere by vested interests and their lurid propaganda, nor into alleging that the best defense of this hemisphere can be accomplished by fighting abroad. To prevent this, — support against it is being organized at home.

: Respectfully yours, WESLEY C. MILLER.

P.S.—Will you give an order to all local

‘draft boards to exempt all men from service outside this hemisphere?

UNION TO FILE BRIEF IN¢ 2 : MINNEAPOLIS CASE

A brief denying the constitutionality of the Smith Act will be filed by the American Civil Liberties Union in the case of the 29 members of the Socialist Workers’ Party and the C.LO. facing charges of advocating | overthrow of the United States government by force. Arrested under the Smith Act and under the U. 8. Criminal Code on July 11, the 29 defendants were arraigned — August 11 in Minneapolis before Federal Judge Robert C. Bell. Attorneys for the defense entered pleas of not guilty, and the defendants were re- leased on continuing bail. They were granted until September 1 to file demurrers. Present in the court room as representative of the American Civil Liberties Union was Attorney Vincent Johnson.

A. C. L. U. NOT ASSOCIATED WITH CIVIL RIGHTS CONFERENCE —

‘We have received a few inquiries about a civil rights conference that has been an- nounced by the Civil Rights Council of Northern California for September 27 and 28. We want to say again that the Council is a venture in no way connected with the A.C.L.U,, and its activities do not have the Union’s endorsement or support.