vol. 7, no. 6

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AMERICAN CIVIL LIBERTIES UNION-NEWS


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“Eternal is the price of liberty.”


Vol. VII SAN FRANCISCO, CALIFORNIA, JUNE, 1942 No. 6


EXPERIENCES OF AN EVACUEE


First-Hand Account Of The Tanforan Assembly Center


What is happening to the Japanese at the various evacuation assembly centers? We can answer that question, in part, by a letter the editor received from one of our members who has been at the Tanforan Assembly Center with her husband for more than a month. While the letter was not written with an eye to publication, we are taking the liberty of doing so without, however, disclosing the name of the author. The letter follows:


Problem of Adjustment


Having been away from Japanese group life for so long, you can imagine what a serious problem of adjustment faced people such as my husband and me. As one of our friends put it—‘‘To be an American is a handicap at Tanforan.”’ And so it is. We definitely feel out of tune with the tenor f life here.


It seems to us that the majority of people here feel that this is a respite from the pressure of eking out a livelihood on the outside. Their associations here are the only ones that would have been open to them on the outside. Caucasian contact was so limited and usually on a business basis, therefore, negligible. There were a few inconveniences at first, but they were mostly of a physical nature and easily corrected. What no one (I should say, few) thinks about is that most of those now evacuated may never see their homes again; that after the war they’re not going to reopen their little Grant Avenue shops or their sukiyaki parlors, and that while the group is tucked away in the limbo of these camps, the Native Sons of the Golden West and others of their ilk are going to work to muster up sufficient popular support to disfranchise us.


Second-Rate Camp Administrators


The whole situation could be more encouraging if the administrators of the Cen ter were first-rate men. As you probably know, they’ve been pulled out of the WPA. While the project may have had good men in its heyday, those who are left are secondrate. They know nothing about the Japanese group and the problems peculiar to them, the picture of their place in American society, nor have they any idea of how to go about preparing them for the postwar period. They feel that Americanization consists of saluting the flag and singing “God Bless America.” As a consequence, they’re afraid to give us a free hand in getting out a camp paper (the first issue which came out last week was so completely censored, the editor was ready to throw up the entire project), they’re afraid of allowing us to have discretionary powers over the forums we hope to have soon. (As the educational director put it, “The trouble with forums is that there’s always the danger that the radical element might control it’’?), and as I understand it, they don’t want anyone from the outside to come in and lecture to the group on any subject whatever. Of course, those of us who had looked forward to all these things as our only opportunity to keep alive mentally are seething with resentment. As far as we’re concerned, the food, physical facilities, etc., are quite good. While there were necessarily certain inadequacies in the beginning, those things are being taken gare ofas rapidly as possikle--but these limitations upon freedom of expression are hard to take, and particularly so as it hardly involves a question of military necessity.


Visitors


I hope it will be possible for you to make a trip down here some time. Visitors’ hours (Continued on Page 4, Col. 1)


Tolan Committee Report.


The excellent 362-page report of the “Findings and Recommendations on Evacuation of Enemy Aliens and Others from Prohibited Zones,”’ issued by the socalled Tolan Committee, May, 1942, may be secured by writing to the House Committee investigating National Defense Migration, Washington, D. C., or to your own Congressman.


13 Interned Americans Shipped Back to Hawaii


Thirteen naturalized American citizens arrested in Honolulu, Hawaii, after December 7th, deported to the mainland, and held without trial or charges in Camp McCoy, Wisconsin, until recently, have been shipped back to Hawaii by the War Department according to the American Civil Liberties Union, which had intervened on behalf of the prisoners.


The ACLU was preparing to seek writs of habeas corpus for the release of the men in the Wisconsin federal courts, when word of their removal by the War Department was received. The decision to seek writs was not taken until communications to both the Department of Justice and the War Department urging hearings for the prisoners brought no satisfactory answer.


It is expected that the thirteen will be court martialed upon their return to Hawaii, which is*‘under martial law. Union representatives in Honolulu have been instructed to follow the case.


Union Condemns Suits To Disfranchise AmericanBorn Japanese


Two injunction suits were filed in the Federal District Court at San Francisco on May 7 to prevent registered Japanese from voting in Alameda and San Francisco counties. The complaint in the Alameda county suit was signed by James K. Fisk, Adjutant of the American Legion, Department of California, and Chairman of the California Joint Immigration Committee. The County Clerk, Mr. G. E. Wade, who acts as Registrar of Voters, was made the defendant.


* The ether. complaint, against Cameron King, Registrar of Voters in San Francisco county, was signed by John Regan, Grand Secretary of the Native Sons of the Golden West. Both suits were prepared by Attorney U. 8S. Webb, former State Attorney General and legal adviser for the California Joint Immigration Committee, a notoriously anti-Japanese group.


The suits charge that Japanese born in the United States of alien parents ineligible for citizenship are claimed as citizens by the government of Japan, and, for this rea- son, cannot be regarded as United States auieus and electors of the State of Cali- ornia.


In effect, the suit challenges the 6-2 decision of the United States Supreme Court in the case of U.S. v. Wong Kim Ark, 169 U. S. 649, handed down 44 years ago. In interpreting the provision of the Fourteenth Amendment to the Constitution which reads “All persons born... in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” the court stated that “the amendment includes the children born within the territory of the United States ... of whatee race or color, domiciled in the United tates.”


The Civil Liberties Union condemned the suits as ‘‘a cruel and preposterous attempt to nullify express Constitutional guarantees, and an attack upon the rights of all minorities. If American-born Japanese can be deprived of their citizenship rights solely because Japan claims sovereignty over them, then, by the same token, the citizenship rights of many other American citizens is placed in jeopardy, because other countries have likewise refused to relinquish claims on their nationals and their offspring.


“In the long run, these suits will have the effect of playing directly into the hands of our enemies by creating disunity. They rest on the Nazi technique of pitting — race against race, religion against religion, and prejudice against prejudice.”’


Page 2


OPEN FORUM


Editor :—Two or three days ago an article appeared in one of the Oakland news- papers stating that one by the name of James Queen, City Councilman, is circulating a Petition among City Officials, which most of them have signed.


The petition, addressed to the Board of Prison Directors, asks parole for the two policemen who brutally beat a man to death in the Oakland jail not long ago. The victim was survived by a destitute wife and four children.


If our citizens wish to retain their selfrespect and honor, they must oppose this parole. Keep this letter as a reminder to defeat Councilmen supporting the petition when they come up for re-election. Remem' ber,.all councilmen are eligible to become Mayor. O tempora! O mores!—Member. Oakland, May 11, 1942. ‘Roosevelt Congratulated On Browder Release


Following President Roosevelt’s action of May 16 in commuting the sentence of Earl Browder, secretary of the Communist Party serving a four-year sentence for passport fraud, the American ‘Civil Liberties Union “wrote the President commending his action. ‘Browder has served almost fourteen months “of his term.


In. approving the President’s action the .Union said: “We have held from the time of the trial that the excessive sentence was doubtless motivated by political considera- ‘tions and we are gratified to note that that appears to have been the primary reason for your action.


COMMUNIST PARTY BARRED FROM PENNSYLVANIA BALLOT


“A special hearing committee in Harrisburg, Pa., last month barred the Communist Party from the ballot in that state, after hearing argument by lawyers on behalf of ‘the Party. The Committee, composed of Governor Arthur A. James; Secretary of State, S. H. R. O’Hara, and Attorney General Claude T. Reno, took action under Pennsylvania’s 1941 O’Brien Act prohibiting from the ballot parties advocating overthrow of the government by force and violence.


The American Civil Liberties Union filed a memorandum with the committee urg“ing that the party be certified, as it has in other states where similar laws exist, on the basis of sworn statements quoting party documents specifically denying advocacy of -violence. Attorneys representing the Com--munist Party at the hearing, however, re- fused to submit sworn statements, on the ground that the committee had drawn up -no charges of unlawful advocacy. The decision of the hearing committee will prob-ably be contested in the Pennsylvania courts.


COMMUNIST PARTY ELECTION CASE APPEALED TO CAL. SUPREME COURT


Whether the Communist Party will appear on the ballot in forth-coming California elections will be decided in an appeal -recently taken to the California State Su’ preme Court in a case in which Attorney -A.L,. Wirin of Los Angeles is appearing for - the American Civil Liberties Union.


The A.C.L.U. supported the right of the, party to a place on the ballot before Su- -perior Judge Thomas C. Gould of the Los Angeles Superior Court, who recently sus- ‘tained a demurrer filed by Secretary of “State Paul Peek averring that the law barring the party from a place on the ballot is constitutional.


.. Attorney Wirin appeared as a friend of the court, maintaining that the California .. law, which bars any party advocating overthrow. of the government by force and. vio“lence, or any party with “international affiliation” was unconstitutional.


Post Office Ban On Money Reform Paper Scored By Union


A post. office mailing ban against “Money”, a reform paper published in New York for 6 years, last week brought criticism from the American Civil Liberties Union, which saw in the Post Office action a continuation of the policy of “censorship without trial,’ under the war provisions of the Espionage Act. John G. Scott, publisher of ““Money,” was notified on May 8 by Postmaster Albert Goldman of New York City that his paper had been held nonmailable by the Solicitor General of the Post Office Department.


The A.C.L.U. advised Mr. Scott to ask Postmaster-General Frank C. Walker for a hearing, and notified Washington representatives to take the matter up directly with postal officials. A.C.L.U. lawyers said they were unable to understand the reason for the Post Office action against a paper of small influence and circulation, whose editorial policy is: “We demand that Congress create all Money and regulate the Value thereof. Enforce the constitution.”


A possible cause for the ban was seen in an article attacking the ‘foolish fixers” of the ‘“Nudeal” for raising the price of gold. The article also contained a paragraph reading, “Our foolish fixers, however, are more interested in reducing the length of shirt tails than in winning any war. This fixer mania is spreading to the Justice Dept. Speech and press must be fixed. All praise and no criticism is becoming the rule. The above criticism of fixers will no doubt be branded by fixers as ‘hot off the short wave from Berlin.’ Berlin, hell.”


Rehearing of Sweeney Libel Case Asked


A petition for a rehearing of the Sweeney libel case has been filed with the U.S. Su- preme Court by Morris L. Ernst, after the high court upheld the decision of a New York State Circuit Court of Appeals by a tie vote, 4 to 4. Although no opinion was expressed by the high court because of the tie vote, the American Civil Liberties Union pointed out that the sustaining of the lower court will result in making New York newspapers afraid to take a stand on political issues for fear of libel suits.


The Court of Appeals held that it was libelous per se for the Schenectady (N.Y.) Union to publish a column by Drew Pearson and Robert 8. Allen implying that Congressman Martin Sweeney of Ohio was an anti-Semite.


The petitioners held that since the four major news services, most of the news and feature syndicates, and many newspaper chains are based in New York City, it is imperative for the Supreme Court to grant a rehearing and to hand down a decision in the ease so that the limits of political expression may be more clearly defined.


GOV. LEHMAN URGED TO VETO RAPP -COUDERT FUNDS BILL


Urging Governor Herbert H. Lehman of New York to veto a bill providing a $50,000 appropriation, for the Rapp-Coudert Committee of the New York State Legislature investigating alleged subversive activities in New York City Schools, the American Civil Liberties Union held that “no useful public purpose would be served” by its continuance. |


In a letter to the governor signed by Karl N. Llewellyn, chairman of the Committee on Academic Freedom, and Reinhold Niebuhr, chairman of the New York City Committee on Academic Freedom, the Union said that the Rapp-Coudert Committee had already admitted that the vast majority of teachers, administrators, and students, were “loyal, devoted supporters of the democratic system of government.” Yet the committee ‘‘proposes to continue an investigation of what is admittedly .a tiny minority, and thus continue to spread distrust of the loyalty of teachers and students alike.” |


Support Test of Jailing Under Martial Law In Hawaii


The American Civil Liberties: Union has moved to support a court test of an im- prisonment under the martial law in effect in Hawaii since last December. The Union’s board of directors has authorized the filing of a brief as a friend of the court in the appeal of Dr. Hans Zimmerman of Hawaii, to the Federal Circuit Court of Appeals in San Francisco for a writ of habeas corpus. A previous application by Dr. Zimmer-. man’s wife to Judge D. E. Metzger of the Federal District Court for Hawaii for a writ to release her husband, who is being held by the military authorities, was denied last February. In denying the application Judge Metzger said “‘a writ should issue as a matter of course,” but that he was unable to issue it because he-was ‘‘under duress” by the Military Governor of the Islands. In announcing that it was going into the Zimmerman case the Union expressed concern over court martial jurisdiction over all criminal cases, and of all court proceedings save in civil cases.


CHANGES IN NEW WIRETAPPING BILLS URGED


Modification to provide judicial supervision of wiretapping was urged in two wiretapping bills pending in Congress in a memorandum sent by the American Civil — Liberties Union to authors of the bills. The two bills were introduced by Congressman Emanuel Celler of New York, and Congressman Sam Hobbs of Alabama.


The A.C.L.U. memorandum says the “basic objection” to both the bills is that they give permission to government agencies to authorize wiretapping without any judicial supervision, and adds that “in connection with wiretapping, as in the case of searches and seizures, the authority te invade the privacy of the citizen should emanate from judicial officers, and in such manner as to permit subsequent judicial re- view.”


The memorandum further urges that the bills be modified along the lines of a recent New York State amendment which provides that wiretapping orders or warrants “shall issue only upon oath or affiliation that there is reasonable ground to believe that evidence of a crime may thus be obtained.” Without such limitation, the Union says, ‘‘snooping of the most indiscriminate character could be indulged in.”


ATTACKS ON ‘WITNESSES’ CONTINUE AS GRAND JURY FAILS TO ACT


Not only the Justice: of the Peace of Corning, but now the Grand Jury of Tehama county has decided to ignore vigilante attacks upon Jehovah’s Witnesses. Justice of the Peace R. J. Packard refused to issue a battery warrant against Henry Gumble, whom Aleck Bangle accused of attacking him on three different occasions.. The Grand Jury, in effect, decided on May 18, that Packard acted correctly in refusing to issue the warrant.


To the vigilantes, the Grand Jury’s action . was a clear invitation to continue their lawless attacks upon Jehovah’s Witnesses. On May 20 they accosted various Witnesses who were distributing magazines on Corning’s streets, threatening “If you don’t get off the street in ten minutes you won’t be able to walk off.’ Magazines were torn from the hands of the distributors, and, in one case, the vigilantes seized and made off with a magazine bag.


An appeal has been made to a Justice of the Supreme Court, acting as a magistrate, to issue a warrant in the case against Gumble. Unless the authorities are willing to protect Jehovah’s Witnesses against vigilante attacks serious trouble may arise, be- cause the Witnesses will not discontinue their distribution of literature in Corning.


‘Page 3


TOLAN COMMITTEE SCORES INDISCRIMINATE EVACUATIONS


Possible evacuations under an East Coast — Military Order similar to the order now in effect on the West Coast were scored in the report of the Select Committee Investi- ‘gating National Defense Migration to the House last month.


The committee, under the chairmanship of Rep. John H. Tolan of California, said further evacuations under the present setup would result in serious economic dislocations, confusion, and injustices to thousands of individuals, unless’ President Roosevelt “immediately” reviews his authorization for military areas. The committee held that “‘the time has come for the : President to consider the need of drafting anew executive order delineating the present necessities of our situation and embodying them in a revised version of this order.”’ The committee report urged that no further evacuations be made without the establishment of civilian hearing boards to pass upon the loyalty of German and Italian aliens. ‘‘The urgency of such action’, the Committee said, “is manifested by the extension of military areas to the Eastern Seaboard where hundreds of thousands of enemy aliens reside.”’


In discussing legal aspects of the President’s order as applied to American citi- zens, the committee said “there would appear to be no present legal authority under which a citizen of the United States. could be placed in the same class as an alien enemy. Wartime does not automatically suspend the constitutional guarantees. afforded by our democratic government.”


Fears of immediate evacuation on the East Coast were allayed\ with the publication on May 16 of an order by Lieut. Gen. Hugh A. Drum which authorizes the military authorities to deal with violations of their orders ‘‘by expulsion or prosecution, either of aliens or of citizens’. The order indicates, however, that present activities will be confined to enforcing the regula— tions for dimming the lighting along the coast.


LONDON TIMES SAYS CENSORSHIP CAN DESTROY MORALE


Commenting on the Churchill government’s attempt to suppress the London Mirror, government critic, the London Times recently editorialized on censorship:


“The purpose of a censorship is to prevent information from reaching the enemy, not to silence critics at home. Its purpose should not be to maintain morale—not because morale should not, but because it cannot, be maintained by suppression. The lesson of France on that point is final. If morale is bad, mere censorship will ae it worse, will destroy it:


“The morale of this nation is: good. and. could only be threatened if it were not free to speak its mind.... Without the constructive force of criticism it is unlikely that this country would have survived the disasters of the past two years, or be in any position to confront the urgent perils ahead.”


STAY OF EXECUTION GRANTED IN . WALLER CASE


A stay: of execution until June 19 has been granted to Odell Waller, young Negro sharecropper, by Governor Colgate W. Darden of Virginia, in order to give the U.S. Supreme Court time to act ona pen for a rehearing of his case.


On May 4 the high court refused fo hear the case in an appeal conducted by Attorney John F. Finerty on behalf of the Workers Defense League, supported by the American Civil Liberties Union, and the National Association for the Advancement of Colored People.


The organizations interested in Waller’s defense maintain that he was unconstitu- tionally convicted of murdering his white landlord in Virginia by a jury not composed of his peers, since Virginia jury lists effectively exclude the poorer classes by the poll tax.


Wartime


the rest may


Ce aeel Exenpyione F or “Inter-Radial


Marriages And Cases Of Mixed Blood


Countermanding its previous cen. the Civil Control Administration, without explanation, last month suddenly ordered the evacuation from prohibited military areas of all persons who are part Japanese, or Japanese married to persons of other races. The orders also provide that the non-Japanese spouse or parent “may elect to accompany his or her Japanese ancestry spouse or child into an assembly or reception center.’’ Exemptions and deferments previously given were cancelled.


The net effect of the order is that Japanese women married to Caucasians, Chinese, Filipinos, Hawaiians, etc., quired to be evacuated, as are the children of. such marriages. Filipino husbands, and “elect’”’ to accompany their families to the assembly centers.


The new regulations came unexpectedly, because under date of April 29, and over the signature of Captain Herman P. Goebel, Jr., of the Wartime Civil Control Ad- ministration, the A.C.L.U. had received a letter, in response to one urging exemptions for Japanese married to Filipinos, saying:


. “It is suggested that the persons referred to in your letter apply at the Civil Control Station of the evacuation area in which they live for temporary exemption certificates for mixed racial family groups. Such exemption certificates are now authorized for mixed racial family groups or for persons of mixed blood.”


No public announcement was made of the revocation of this order. It was not until re- fusal of the exemptions led to telephonic inquiries, that we learned of the change of policy. One official, Col. Boekel, then mereare rely stated that Captain Gabbers letter to us was premature, while another official stated that the whole thing “‘has been kicked out from under us.” Later, we learned that several officers connected with the original order had been transferred as “too lenient.”


To verify our telephone conversation, the Union again wrote to Captain Goebels, and received the following answer, containing, as far as we know, the only known statement of present policy on the subject:


“Upon May 8, 1942, the following inter: pretation of the orders of the ee General was announced:


“1. All persons of Japanese ancestry, whether of the whole or part blood, will be excluded from Military Area No. a except as exempted in paragraphs (e) and (f) of Proclamation No. 5, this headquarters. Any temporary exemptions or temporary defer- ments of evacuation heretofore issued in mixed race intermarriage cases to persons of Japanese ancestry residing in Military Area No. 1 are hereby ordered cancelled.


“The non-Japanese spouse of a person of Japanese ancestry or the non-Japanese parent of a part Japanese child may elect to accompany his or her Japanese ancestry spouse or child into an assembly or reception center. In the event of such election, the non-Japanese. spouse or parent must execute and deliver to the Sector Command WDC Form PM-7, entitled “Request and Waiver of Non-Excluded Person,”’ before being admitted to any reception or assembly center. WCD Form PM-7 will be supplied by the Civil Affairs Division, this headquarters, to Sector ‘Commanders.


Justice Dept. Holds Out Hope for Loyalty Hearing Boards


The Justice Department has held out hope for the establishment of loyalty hearing boards for Germans and Italians subject to evacuation from Pacific Coast military areas. Typical of the responses received from Edward J. Ennis, Director, Alien Control Unit, by our members, is the following:


“Such a procedure is presently under serious consideration for future application.


“Through our voluminous correspondence with residents of your locality we have been made aware of the hardship feature which you mention.


In another letter, Mr. Ennis stated, “.... this Unit has under consideration the es| tablishment of Loyalty Hearing Boards, and when this program has been completed, it will be released to the public press.” Letters received from the War Department are less encouraging. Further communications should be addressed to both the Department of Justice and the War Department urging the establishment of hearing boards.


The Post War World Connell in New York City has also joined in the campaign for hearing boards. Among the prominent signers of a letter to the President were George S. Counts, John Dewey, Sherwood Eddy, Harry Emerson Fosdick, Rt. Rev. Mons. Liugi G. Ligutti, Reinhold Neibuhr, Norman Thomas, Oswald Garrison Villard and Mary E. Woolley.


PILLAR OF FIRE


Last month Vallejo police prevented a representative of the Pillar of Fire Church from distributing her literature, and the City Council would not issue the, permit they claimed was necessary for such distribution. The group intends to return to Vallejo at some future date to distribute its literature—permit or no permit.


NEW JERSEYFLAG SALUTING CASE ARGUED


The New Jersey Supreme Court last month heard argument in the appeal of Francesco and Raffaelle Latrecchia, of Patterson, N. J., Jehovah’s Witnesses who ‘were convicted by the Bergen County Do| mestic Relations Court of failing to provide adequate education for their two minor children.


The Latrecchias were convicted Aitee a Patterson public school had barred their children because they refused to salute the flag during patriotic exercises. Their re- fusal was based upon religious scruple.


The American Civil Liberties Union filed a brief as a friend of the court urging that the conviction be reversed, arguing that the parents were being punished for their re- ligious views. Decision is ae in the near future.


Another flag saluting appeal in Topeka, Kansas, where Jehovah’s Witness Mrs. Lucille Meyer was convicted on similar charges when her two children were barred from local public schools; is being held over pending the outcome of another similar appeal to the Kansas State Supreme Court. Mrs. Meyer’s appeal was Support by the Civil Liberties Union.


DETROIT HOUSING RareG SETTLED BY NEGROES


“Settlement of Negro families in the Sou| journer Truth Housing Project in Detroit, Michigan, was accomplished recently under the protection of 800 Michigan troops supplemented by state and city police. There was‘no violence. The American Civil. . Liberties Union and other organizations had urged that the Negroes receive military protection, if necessary, after a previous attempt to settle the Negroes ended in a race riot on February 26.


Following a federal grand j ury investigation at the request of Attorney General Francis Biddle, three persons accused of fomenting the February riot were indicted in Detroit.


Page 4


American Civil Liberties Union-News


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


Phone: EXbrook 1816 ERNEST BESIG Editor


Entered as second-class matter, July 31, 1941, at the Post Office at San Francisco, California, under the Act of March 3, 1879.


Subscription Rates—Seventy-five Cents a Year Ten Cents per Copy.


EXPERIENCES OF A EVACUEE


(Continued from Page 1, Col. 2)


are from 10 A. M. to 12 P. M. and from 1 P. M. to 4 P. M.—but no person is allowed to remain longer than an hour at a time. The manner in which the entire problem of visitors is handled is a source of irritation to the residents. Of course, if you could come on official business to see Mr. Lawson, you won’t have to submit to the painful red tape and routine to which guests of the internees are subjected. Most of our Caucasian guests have been quite indignant at the rudeness with which they were treated at the gate, the fact that they’re confined to one small area where they must shout their remarks if they’re to be heard amid the din of other residents and their guests doing likewise, and the general feeling prevails that they’ve come to a prison—but, of course, most of our friends are apt to be more than usually conscious of these things.


A Minority Viewpoint


...I1 hope I haven’t painted too doleful a picture, and, knowing the group, I know you'll realize that my reaction is that of a very small minority....


P. S.: Icompletely forgot to answer your questions:


1. Japanese books. None of us have heard that Japanese books were prohibited, or, for that matter, any Japanese publica


cases 2


tion. Until the Japanese American newspapers closed down, residents received their papers regularly. The office is attempting to get clearance for a Japanese section in the Camp paper. Haven’t heard about the outcome.


2. Religious services. What you've been told about the religious services having been coalesced into 3 groups is true. As far as 1 know there hasn’t been much protest on the part of the Protestants, who probably are placed in the most difficult position.


Mimeo Confiscated


3. Confiscation of mimeo. A Y.M.G:A. mimeo machine was confiscated because a group published a bulletin of information without authorization from Mr. Lawson. It is now an established policy of the Camp that all bulletins must either originate in Mr. Lawson’s office or be approved by him, and we have all been told that any mimeo machines brought into camp will be confiscated.


4. Monitoring. As far as I know, the only kind of “monitoring” that went on was In the hands of a force of internal police— which, incidentally, has been cut irom about 100 to 10. Not many of them took their jobs seriously, and, while the principle might have been criticized, the men were more ridiculous than obnoxious. Perhaps you had something else in‘mind.


5. Food. What you heard about a diet for children and invalids was quite true. They now have a service available, but I understand it’s inadequate, particularly tor the invalids. Tanforan Assembly Center, May 21, 1942.


SOCIALISTS SUPPORT HEARING BOARDS


The National Executive Committee of the Socalist Party has adopted a. resolution declaring the Party’s readiness “to support any possible legal move to test the con- stitutionality of the President’s order (to remove any or all persons from military areas established by the Army). Pending such a test, it urges the establishment of hearing boards, under civilian control, to which individual aliens and American citi- zens of alien origin can appeal.”


Problems Arise In Handling Of Conscientious Objectors


Although the system of handling conscientious objectors under civil authorities outside the Army has on the whole been working well, at four -points difficulties have arisen which are in process of at least partial adjustment.


First, and most important, a growing number of obiectors are being denied that status even on appeal to Selective Service headquarters at Washington. Interpretations of religious training and belief required by law as the basis for conscientious objection, appear to be unnecessarily narrow. The Union and others have urged that the dictionary definition of “‘adherence to a moral principle’? should be sufficient. Selective Service authorities are requiring -some evidence of formal religious training, The men whose claims are denied are ordered to report for military service and upon failure to do so are indicted, tried and sentenced. After a month in prison prac- tically all such men are paroled to conscientious objector work camps. In a few cases they have been put on probation and sent to camps directly from the courtroom.


Second, dissatisfaction with service in civilian camps has been expressed on several grounds; objection to the payment of board and lodging, which has resulted in the authorization of one government-run camp, not yet established; objection to the relatively unimportant character of camp work, which has resulted in an increasing number of furloughs from camp to engage in hospital service or agricultural labor, and in a few cases to engage in foreign service under the auspices of the Quakers. New regulations provide that all conscientious objectors shall continue to render ‘service until six months after the close of the war or demobilization.


Third, the refusal of many members of Jehovah’s Witnesses to accept the status of conscientious objectors, claiming total exemption as ministers. Those listed by Je- hovah’s Witnesses as devoting their entire time to the work of the group have been exempted as ministers under an agreement with the Director of the Selective Service System. In Redwood City, however, the local draft board has arbitrarily refused to abide by the agreement and has placed two men in 1-A classifications. Protests filed with State and Federal draft officials have not yet been acted upon. However, since all of Jehovah’s Witnesses claim to be ministers, even though they devote only a part of their time to the work, many have been sentenced for refusing to report for military service, after being denied the exemption. In prison they refuse parole to work camps. Over fifty of them are already serving long sentences.


Fourth, a growing number of cases of men who have already served sentences for refusing to register and who are being sent questionnaires, which they refuse to fill out. They will presumably be prosecuted again, despite informal assurances from the draft authorities that they do not intend to follow a “cat and mouse policy” of prosecuting men repeatedly for what is in effect the same offense.


An incidental issue which has arisen affects pacifist teachers not liable for mili- tary service, who have refused to sell defense stamps to school children. Both the Treasury Department and the U. 8. Commissioner of Education have taken the position that no coercion should accompany the sale of defense bonds, and that teachers objecting on conscientious grounds should be relieved of that obligation. Nevertheless two teachers in California have been dismissed for refusal. A California Quaker teacher, was suspended when classified as a conscientious objector, but was reinstated after protest.


The National Committee on Conscientious Objectors, organized by the Union, is en- deavoring, with others, to reach a satisfactory solution of these difficulties.


PALM SPRINGS OFFICIALS ENJOINED FROM DISCRIMINATING AGAINST WITNESSES


The Chief of Police of Palm Springs and the City Attorney of that community have just been restrained by Federal Judge Ben Harrison from enforcing an ordinance against Jehovah’s Witnesses prohibiting the solicitation of charitable contributions without a permit. The ordinance discriminated in favor of local charitable and patriotic organizations by exempting them from its requirements, if they had been in existence and had regularly maintained headquarters or a place of worship in Palm Springs for over five years.


Judge Harrison ruled that the ordinance was unconstitutional because of such dis- crimination, since it constituted a denial to members of Jehovah’s Witnesses of the “equal protection of the laws,” as guaranteed by the Fourteenth Amendment to the U. 8. Constitution. Prior to the filing of the injunction suit, the plaintiffs had been ar- rested and prosecuted on a number of occasions for violating the ordinance.


The case was handled by Messrs. A. L. Wirin and Fred Okrand of the Southern California branch of the Union. They were also successful in a similar case a month ago in which Federal Judge Campbell E. Beaumont enjoined the city of Ontario from enforcing a business licensing ordinance against Jehovah’s Witnesses.


SACRAMENTO POLICE ARREST TWO COMMUNISTS


Our attention has been directed to the arrest of “two alleged Communists” in Sac- ramento on May 18 “after they attempted to hold a mass meeting in City Plaza following refusal of the city council to grant them a permit.”


Union To Aid Defense Under Mississippi Gag Law


The American Civil Liberties Union recently offered its aid to defend Jehovah’s Witnesses prosecuted in Mississippi under a state law penalizing ‘doctrines and teachings detrimental to the public safety.” The Union reports almost fifty arrests of Witnesses in Mississippi since the passage of the law. The first case reported involves Mr. and Mrs. Otto Mills arrested in Tupelo, Miss., early in April and held in $1000 for the grand jury.


The Union opposed the gag law under which the Witnesses have been detained as “the most sweeping law against free speech in American history,” and expressed confidence that the courts would hold it unconstitutional.


BAIL RELEASED FOR 75 CONNERSVILLE, INDIANA, JEHOVAH’S WITNESSES


Bail was released for 75 Jehovah’s Witnesses held since last year on sedition charges at Connersville, Indiana, last month by the Fayette County State Circuit Court. The 75 were freed on their own recognizance by the court, which did not, however, act on a motion to dismiss the charges.


The motion to dismiss was made by attorneys for the Witnesses on the basis of a State Supreme Court decision dismissing similar charges against Mrs. Lucy McKee and Mrs. Grace Trent several months ago, in an appeal supported by the American Civil Liberties Union.


It is believed that the release of: bail will conclude the case, and that the charges will simply be shelved. The ACLU had characterized the Connersville prosecutions as “monstrous” in resorting to “criminal syndicalism law to penalize peaceful advoeacy of theocratic government by Je-hovah.”


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