vol. 9, no. 10

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. IX SAN FRANCISCO, CALIFORNIA, OCTOBER, 1944 No. 10

HIGH COURT HEARS NISEI CASES

Korematsu and Endo Appeals Set for Argument Before U. S. Supreme Court on October 10

The United States Supreme Court will hear oral arguments in the Japanese exclusion and detention test suits on Tuesday, October-10. The case of Fred T. Korematsu, of Oakland, testing the power of the Military to exclude citizens of Japanese ancestry from the Pacific Coast and imprison them in concentration camps is the first to be heard. Immediately thereafter, the court will hear arguments in the case of Mitsuye Endo of Sacramento in Which the sole imprison citizens of Japanese ancestry in concentration. camp.

Collins May Argue Both Cases A.C.L.U. attorney Wayne M. Collins of San Francisco, who has handled the Korematsu. case since its inception, will appear for Korematsu. The Endo case was handled by James C. Purcell of San Francisco in the lower courts, and ‘Mr. Collins has filed “friend of the court’’ briefs ‘for the Northern California branch of the A.C.L.U. at various stages of the proceedings.

wir. Collins now appears as attorney of record for Miss Endo in. the Supreme Court and may vargue the matter if Mr. Purcell is unable to make the trip to Washington.

The Korematsu case arose May 30, 1942, when Korematsu was arrested by F.B.I, agents for remaiming on the Pacific Coast when all persons of . Japanese ancestry in the area where he resided were ordered into concentration camps by May 9, 1942. The Northern California branch of the -A.C.L.U. immediately provided counsel for Kor- e€maatsu who was tried in the U. S. District Court September 8, 1942, convicted and placed on probation. for five years. After making one trip to the U.S. Supreme Court, where it was decided that an appeal could be taken from an order of probation, the Ninth Circuit Court of Appeals in San Francisco finally affirmed the judgment of conviction. Thereafter, the Supreme Court allowed an appeal, and the matter was set for argument on May 1, 1944, but the hearing was postponed to allow the Korematsu and Endo cases to be heard together.

Endo Case Started In February, 1943

The Mitsuye Endo case dates back to February 19, 1943, when Miss Endo filed an application for a writ of. habeas corpus in the U. S. District Court in San Francisco. On July 2, 1043, Judge Roche denied the writ on the ground that Miss Endo had not exhausted her administrative remedies, and the issue was taken to the Ninth Circuit Court of Appeals. On April 22, 1944, that court asked the Supreme Court to advise it on certain issues in the case. Instead, the Supreme Court ordered the entire matter to be brought before it for a final decision.

It is most unlikely that decisions in these cases will be handed down before the Novem- ber elections, and possibly not for two or three months after the arguments.

A LETTER FROM A NISEI

Congratulations for the wonderful influence you and the A.C.L.U. have upon the W.R.A. officials and the consequent results at Tule Lake. I wonder if you can realize how many peeple you have made happy. I wish I could be there to have the pleasure of shaking your hand. It is men like you who can influence some of the die-hard pro-Japanese into realizing what democracy really méans. I’m gure you have planted seed fg jmought in many See rN: so EF minds.—M. T.|

Wednesday evening, November 29. question is the governments right to

BALDWIN SPEAKS AT 10th ANNIVERSARY MEETINGS

Roger Baldwin, national director of the American Civil Liberties Union, will be the chief speaker at two meetings celebrating the Tenth Anniversary of the Northern California branch of the A.C.L.U.

The first meeting will be held at the California Club, 1750 Clay St., San Francisco, Monday | evening, November Zi, at 8 p. m. Mr. Baldwin’s Subject will be the “Bill of Rights in War.”

The second meeting will be held in Berkeley, “What Prospects for Race Equality” will be the subject of Mr. Baldwin’s address.

During Mr. Baldwin’s stay in the bay area he will also address the World Problem Club, at the Parish House, All Saints Episcopal Church, 425 Hamilton Ave., Palo Alto, on Sunday eve‘ning, November 26, at 8:15 p.m. He will again speak on the question of race relations.

There will be NO admission charges at any of the foregoing meetings. Members and friends of the A.C.L.U. are invited to attend.

Mr. Baldwin will also speak on the question of race relations before the Jewish Community Center in San Francisco, Tuesday evening, November 28, at 8:15 p. m. There will be an admission charge.

A special meeting of the Executive Committee of the Northern California branch of the A.C.L.U. has been arranged at noon, November 28, for a discussion of organization problems with Mr. Baldwin.

Mr. Baldwin arrives in San Francisco from Los Angeles Sunday morning, November 26. He will leave for Portland, Thursday afternoon, November 30.

WAR DEPARTMENT ELIMINATES SOME JIM-CROWISM IN THE ARMY

A history-making order issued early last month by the War Department which called for the ending of racial segregation in the Army was commended by the A.C.L.U. which, how- ever, warned that the basic problems of jimcrowism in the Army still remained untouched. The order stated that free access to post exchanges, motion picture theatres, and all transportation facilities “will not be denied to any group or individual because of race.”

first knowledge of the order came from an Alabarna newspaper story which stated that “segregation of races at the Maxwell Field post exchange was terminated yesterday on instructions from the War Department.” Governor Chauncey Sparks of Alabama immediately protested to President Roosevelt against the order, asking the President “to give the matter his personal attention,” and further stating that the order “breaks down an essential principle of race relationship in the South.”

MORE FALSE IMPRISONMENT CASES ARISE AT TULE LAKE

Additional cases of faise arrest and imprison- ment have arisen at the Tule Lake Segregation Center during the past month. the request of District Attorney Lederer of Modoc county, certain persons have been picked up by the Internal Security or center police and taken to Alturas for questioning in connection This time, at

with the investigation of the Hitomi murder that occurred on July 2nd. No warrants of arrest have been presented.. The project ‘police have merely picked up the men that were wanted and taken them to the county jail at Alturas where they were interrogated by the District Attorney and others, including a couple of members of the Internal Security.

One man by the name of Osato was held for five days. and released on September 9. On the morning — He was picked up on September 5 of September 12, he was again ‘picked up bu released that night. Osato claims he wa: threatened, and that “They had three pictures” of the murdered (man) in front of me and would not let me sleep.” The A.C.L.U. asked the local office of the — War Relocation Authority to check on the fore-. going charges. After about a week, they admitted that Osato had been picked up at the times stated, but insisted it was of District Attorney

ticipated only iffs. —

The W.R.A. does not have to surrender any: one at Tule Lake to the District Attorney or Sheriff unless a proper warrant is presented.

at the request | Lederer of Modoc county, — and that the two Internal Security police parin their capacity as deputy sher

Certainly any lawless conduct at the Center should be investigated, but such investigation Should respect the law, and the W.R.A. should not co-operate in any lawless enforcement of the law. The matter is being taken up with Dillon Meyer, the director of the Tule Lake center, and the District Attorney of Modoc county.

FIVE NISEI EXCLUSION TEST SUITS.

FILED AS MORE ARE SOUGHT

Efforts to get additional Japanese Americans to bring court cases on constitutional grounds, national director of the W.R.A., seeking return to their former homes on the 4 Pacific Coast, are being made by the A.CL.U., following the favorable outcome of the first four test cases in the Federal Courts. The Union will not support applications for military permits to return, holding that military neces: sity no longer requires one. Those who seek permits and are denied, will be aided by court contests.

At present there are five cases before the Federal District Court in Los Angeles in which the A.C.L.U. is participating. —

The men and women include Elmer Yama- moto, a California practicing lawyer, T. Todah, a veteran of the American Army in the last war, a restaurant keeper of Los Angeles, K, Shigekawa, A. F. of L. director of a fishermen’s union, Y. Ekimoto, farmer, and Mary Duco, housewife. All of them are now held in the War Relocation Center at Poston, Arizona.

One test case brought by the A.C.L.J. in behalf of ‘Dr. George Ochikubo resulted in. the Army’s issuing an individual exclusion order against him, which the federal court at Los An. geles is considering.

AMERICAN CIVIL LIBERTIES UNION-NEWS

KENNY STEERS CLEAR OF | RACE PREJUDICE ISSUE

told a delegation from the A.C.L.U. and the United Negroes of America, that he would not exercise his constitutional powers and intervene as. district attorney in the Homer Turner case in Richmond, California. All he is willing to do .is to provide a prosecutor in the event a magistrate can be found who will issue a warrant of arrest and district attorney Healey then refuses | to handle the case.

Turner, a colored man, was beaten to death | jJast February 14. He and two other Negroes were at work collecting garbage when they were attacked by three white men from Okla. homa, armed with a tire wrench, a tire iron and 9% piece of automobile bumper. Five minutes or more before the attack, the garbage truck driv|. en by the Negroes had backed into a car driven by two of the whites, causing an argument but no damage to either car. The whites got’ the assistance of their brother, who suggested, according to his testimony before the Grand Jury, “We'll -go around there and see why them colored guys has got it in for you two boys, or what is the reason for stopping you and giving } you all the cussing like that.” And, he went “on, “We went back there—taken this stuff with us in case we had to defend ourselves, we would have a little protection.” \

-District Attorney Healey of Contra Costa | @ounty has persistently refused to. prosecute | those responsible for the killing, and, when Turmer’s sister signed a complaint, he sent a letter to the. local magistrates recommending against issuance of a warrant. ; Under the State Constitution, “Whenever in the opinion. of the Attorney General any law ofthe State is not being adequately enforced in amy county, it shell be the duty of the Attorney General to prosecute any violations of. law of which. the Superior Court. shall have jurisdicers of a district attorney.” : . .Mr. Kenny was asked whether he was willcounty Grand Jury, but he refused. He was : ince of a warrant to a magistrate in Contra Costa county or to a magistrate outside of the y ail things the Attorney General can do, if he y wishes. But, as indicated above, the only thing he is willing to do is to provide a prosecutor . inthe event a magistrate issues a warrant of handle the case. Since, as Mr. Kenny put it, , the judges in Contra Costa’ county are ‘on’ strike,” his offer has little significance at the wioment. At the same time, we would like to make clear that Mr. Kenny did not suggest in | any way that there was insufficient evidence on which to base the issuance of a warrant. In/ deed, it was clear from his remarks that he befieved the law was not being enforced because .. of racial prejudice.

-Delegates from the A.C.L.U. included Margaret Porter, Helen Salz, Rev. Oscar Green, attorney Ralph Kleps and local director Hrnest Besig. The United Negroes of America, a Richmond organization, was represented by its Presi| dent, William Brown, and two others.

ARMY PERMITS NISEI FREEDOM — OF EDUCATIONAL INSTITUTIONS

. It is no longer necessary to obtain approval df. the Provost Marshall General for any person 1 of Japanese ancestry to obtain employment or sehooling in an American institution. . The re striction was lifted on August 31.

-Jn a letter, Col. A. C. Miller, director of the Personnel Security Division, said to Dillon 8S. .. Myer of the War Relocation Authority, “per‘ sons of Japanese ancestry may make necessary arrangements with institutions without referemee to this office for clearance. Applications which were awaiting clearance will be closed without action and no consent will be necessary ' for those persons.” :

| Georgia Primary Law Barring

Negroes Faces Court Test.

Georgia's traditionally white Democratic pri‘mary. was attacked early last month by a-suit filed against Muscogee County Democratic committeemen by Primus King, a Negro barber and } wnopéexcher, claiming $5,000 damages, because, he «eclared,.he was denied the right to vote solely / s béeeause.of his color. King said that although | he was qualified to vote and had paid his taxes } in full the defendants refused to give him a balJot in the July primary on the grounds that he f was a Negro.

Attorney General Robert Kenny last month | tion, and in such cases he shall have all the pow img to present the case to the Contra Costa asked whether he would recommend the county. This he also declined to do. These are . arrest and District Attorney Healey refuses to — fect the public interest.

PUBLIC INTEREST INVOLVED IN * JUDGING RACIAL RESTRICTIONS

The California Supreme Court recently refused to sustain an injunction against the vio| lation of a race restriction. agreement covering certain property in Pasadena. Thirty-five out of 69 lots mm a tract were covered by an agreement, entered into in 1927, which prohibited use or occupancy by colored people until January 1, 1950.

‘The court held that “since the lots, covered by the agreement are not a contiguous group 2 and do. not constitute a complete. barrier or. dividing line as to any whole tract or block or other well defined area or neighborhood, and since lot 43 (the mooted lot) is adjoined on. one side by two unrestricted lots ... it is our conclusion that the. record cannot be held to establish an absolute right in plaintiffs to the injunction against the use and occupancy of the mentioned lot by defendants Raines.”

In a strong concurring opinion, Justice Traynor attacked the findings of the trial court because “they also fail to consider whether enforcement would be contrary to the public interest in the use of land in urban communities ‘where people are concentrated in limited area.

“In the present case,” said Justice Traynor, “there is a public interest in the congestion of the limited districts for colored people. That congestion is a consequence of residential segregation of the colored population accomplished, not by ordinances, but by agreements between private persons, which the courts have recognized as valid.

“The problem of race segregation cannot be solved by the courts alone, for it involves. emotions and convictions. too deeply imbeded in the social outlook.of men to be. uprooted overnight dy judicial pronouncements. Nevertheless; the problem must be confronted step by step, however provisional the solution, with regard both. for the interests of minority Sroups and the general public interest. It must be recognized that the steady migration of southern Negroes and the influx ot Negroes into urban. communities in response to the increasing demands of industry for labor, together with race segrégation have made it impossible for many Negroes to find decent housing in large centers of population . .

“Negroes. migrating into urban communities have found. barriers at every turn. ‘Segregation ... . has kept the Negro-occupied sections. of cities throughout the country fatally unwholesome places,, a menace to the health, morals and general decency of cities, and plague — spots for race exploitation, friction and riots.’ The choice lies. between the continuation of such conditions and the expansion of urban Negro districts. Race restriction agreements undertaking to do what the state cannot, must yield to the public interest in the sound development: of the whole community. The courts; as the agencies of the state confronted with the problem of enforcing racial zoning by private agreements, must consider all of the factors that afIt is pertinent to recall the words of Judge Cardozo in his concurring opinion in Adler v. Deegan: ‘The’ Multiple Dwelling Act is aimed at many evils, but most of all it is a measure to eradicate the slum. It seeks to bring about conditions whereby healthy children shall be born, and healthy men and women reared in the dwellings of the great metropolis. To have such men and women is not a city concern merely. It is the concern of the whole state. Here is to be bred the citizenry with which the state must do its work in the years that are to come. The end to be achieved is more than the avoidance of pestilence or contagion. The end to be achieved is the quality of men and women . .. If the moral and physical fibre of its manhood and womanhood is not a state concern, the question is, what is?” .

In the present case a residential district populated by colored people now surrounds the restricted area on three sides. The question whether the restricted area shall stand as a barrier against expansion of the Negro district cannot be determined entirely by findings with regard to property values and the interest of property owners. It is also necessary to deter‘mine whether maintenance of this barrier would deprive the colored population of any feasible access to additional housing and compress it’ within the inflexible boundaries of its present district at the. risk of .a congestion whose evils—

of my wife and two boys, one of -whom is in

work belonged to “our fellows” now that the two

have done was to: have

land represents Edwards.

would inevitably. burst the bounds of that dis2 «-trict.

“The trial court should therefore be directed — ae to make findings as to the housing facilities available in the district occupied by the colored | population. and to determine whether there is a | need for additional housing that would justify an expansion of the district by absorption of the restricted area.”

AFFIDAVIT OF a MARTIN A. JOOS

MARTIN A. JOOS, being first duly.sworn, on” oath, deposes and says: a That my name is MARTIN A: JOOS. I live at 547 Victoria Street, San Francisco, California. I am 49 years of age; my. family consists.

the Army of the United States. I have beena ...» member of Lodge No. 68 International Associa. tion of Machinists since 1918. My Social.Secur—. ity number is 546-09-1504. :

I have been employed by the Bodinson’Manu. | facturing Company, 2401 Bayshore: Boulevard, | San Francisco, California, for 24:+years; as-@ os . journeyman machinist. My present rate of pay is $1.28°per hour.

About five years ago I was made Shop Stew. ard to represent the members of Lodge No. 68, numbering approximately thirteen, at this plant, | particularly to represent them in any negotia— tions with the management.

On Monday, September 11, 1944, when I arrived for work, I found that on Sunday, Sep- — tember 10, 1944, the structural steel workers — had done some of tae work which was-usually . done by machinist’s helpers members of Lodge = = No. .68.. I. called the Superintendent, Oliver A. = 2 * Heikkila, and told him that [ thought that this —

shops are separated and “the least you could s given our men. a fift fifty break atthe work.”

| He said “our men were not capable of doing = it.” I walked away from him and went to my. work.

About two. o’clock in the afternoon of next ... day, the foreman told me that I was wanted in... the office. They showed me a telegram signed — by “Commander Clark’? in which the company was. ordered to discharge me and to. withhold

clearance. I was discharged without clearance. © w On August 21, 1944, Mr. Kelly, Vice-President — a 7, of the company, asked me whether I could work = =-—-—s gq overtime. I told him that I-would try, that my °° = w bey ‘was. working nearby and could drive me = = back and forth in accordance with his hours. Sad te This would permit me to work a nine-hour day; WU otherwise if IT had to get other transportation it = == it would take me about two and one-half hours te = =———Os a go back and forth from my home to the plant. = = ——sSiy Mr. Kelly said that sounded reasonable enough — Se to him and that it would be satisfactory.

HABEAS CORPUS PROCEEDINGS FILED ie TO RELEASE C. 0. FROM THE ARMY

Habeas corpus, proceedings have been filed in ss 8 the U. S. District Court in San Francisco to release Joseph P. Edwards, conscientious objector, .. .from the Army. Edwards, a member of the .. — Christadelphian religious society, alleges that Col. Roy S. Gibson, Commanding Officer at. Camp McQuaide, is holding him despite the fact — that jhe refused to take the oath of induction. This is the first case of its kind to be filed in — this district since the Supreme. Court decided in the Billings case on March 27 last that a selectee is. not actually inducted into the Army until he takes the oath of induction. A In accordance with the order of his local draft board, Edwards, a resident of South Pasadena,. reported for induction on January 19, 1944, but. —.- refused to take the oath. He left the induction center and reported to: the F.B.I. where he ex-.. plained he could not serve in the Army because . of his conscientious objections to war. On-Feb. ruary 15, in aceordance with further instructions: from. his draft board, he again reported’ to the Army and again refused to: take the oath... Nev ertheless, he was informed he was in the Arm and siibiect

: ee ‘dee : cag : oe The hearing in %, Mase will take place earl; this month. Attorney Clarence E, Rust of (

ART

. on oath, deposes and says:. soe name is Arthur B. Burke. I reside at “1040 Emerson, Palo Alto, California; age 39; I am married, have one child of the age of nine. J was born at Cherokee, Iowa. I came to Cali. fornia in 1935 after having received an honor- able discharge from the Army of the United etre’ having served for seven years, with a rating of Specialist-Electrician. | have been a member of Lodge No. 68, Inter- national Association of Machinists, since the be: ginning of the year 1944. I commenced work. qng at the National Motor Bearing Company in Redwood City about a year ago, as a Machinist, and about three or four months ago my classifi cation was changed to that of Toolmaker.

At the time of my change of classification I became a member of the Shop Committee at ‘National Motor Bearing Company by election . of members of Lodge No. 68 employed at that plant. The other members were Roy Hunnicutt, who was also Shop Steward, and Evan Marshall was the other member of the Committee. The Coramittee has been composed of the same members since my election. One of the functions of the Shop Committee.was to see that the Union agreement was kept in effect.

One Ernie Zellor was leaderman in the Shim Die-Making Department. He had a machinist by the name of Martin working under him, and Martin was doing tool and die work and getting a Machinist’s pay. The die and toolmaker receives. a minimum of $1.53 per hour, and a Machinist receives a minimum of $1.28 per hour. Hunnicutt had gone to Zellor two or three times and remonstrated over the fact that Martin was doing tool and die work and only getting a ma‘chinist’s pay. Zellor told Hunnicutt he would do as he damned pleased and that Hunnicutt “was only making, a Dosen affair: of the mat“ : ter. . a. | Prior to these conversations theCpausitee had taken this matter up with Mr. McKnight, Plant ‘Superintendent — of National Motor Bearing Company, and on August 28, 1944, Me‘Knight had. said he would like to get into the down, and that Martin would have to comply “with the agreement with the Union concerning the classification of work.

. About September 1, 1944, being the next time “Martin was doing die-work, Hunnicutt asked me “as a member of the Shop Committee to take the » matter up with Martin so as to remove what -Yellor called. the personal element in the matter, and 1 told Martin to stop doing this kind of work until such time as he became a toolmaker. Martin said “What can I do if my lead-man ' tells me to do it?” I told him if he was a good - Union man he would not have’to ask that kind -. of a question. He ought to take into consideration as to whether Zellor could help him out in the event he got into trouble.

After I got through talking to Martin, Zellor : ‘cau over and said he was sure there was. no -guch agreement. with the Union: that a machinist could not do that kind of work, and whether there was or not he, Zellor, would have the men do as he, Zellor, damned well pleased. I walked away and that is all that occurred.

-... On Wednesday, September 6, 1944, an F.BLI. Se man came to the plant and I was taken into a . room and had a‘ conversation with the investi... gator, whose name I do not. know, and he want..ed to know what the trouble had been, and I . related to him substantially the foregoing. On Friday, September 8, 1944, at 2:00 P. M., . 2l-was: called into the’ Personnel Office of the Company and was shown by Mr. Kellog a tele- am purporting to come from Admiral Bowen, 1ich read. substantially as follows:

“ordered to discharge Arthur B. Burke forthwith avith no clearance or release.”

requested a clearance or release from: Kelleg, d he told me soe was. to be no clearance or lease.

JSES at Palo. ‘Alte, and asked for a elearance rralwithout a clearance from my former. ployer. The lady in charge’ ‘phoned to the tional Moter Bearing Company.

me. that I would soon be working on a farm,

wax athe: Admirals: LEGG. 2 eS =: BURKE . ARTHUR B. BURKE; being first duly sworn, . ontroversy, that he would bat Zellor’s ears “Re our conversation of this. morning you are . On Monnaniy sépuEmtber 11, 1944, I went to: the a referral, and was told’ that I could not get a She then —

Jed the War Manpower Commission’ and. told.

d that I should go ands see e Commander Claris | Brings Sorina To Bay Area Machinists The Government is blacklisting machinists in the Bay Aréa. Thus far only a few workers, (possibly 8 or 10), have been directly affected. Those that have been blacklisted are barred from all employment for an indefinite period unless they go into agriculture.

The blacklisting erew out of the Government’s demand for a ten-hour-day in the Bay Area machine shops. AS an organization we are not concerned about the merits of the la- bor dispute, but we are interested in the sanctions which the Government imposed as.a means. for securing compliance with its orders when the Navy took over control of 104. machine shops under executive orders on August 14 and August 19. Three kinds cf. sanctions. were authorized against recalcitrant .workers; first, draft deferments were to be cancelled; second, supplementary gasoline. allowances were to be leneds and, third, ail workers failing to comply with the Navy’s orders were to be es and. denied work clearances and job referrals by the United States Employment Service. Since under present war Manpower Commission regulations all unemployed. workers are now funneled through the United States Employment Service to available jobs, the denial of referral privileges means that workers who are blacklisted are denied employment for the: duration of the war. Blacklisted workers would thus seem to face starvation. Blacklist Absentees

The original cases-of blacklisting involved the question of the 10-hour -day: One case that came to our attention involved William A, Edwards, who has been a journeyman machinist since 1906. He was employed at the California Press Manufacturing Company. When the Navy took over the plant, the superintendent. interviewed each worker to determine whether he intended ‘to work the 10-hour-day. Edwardswas shown a telegram, which he scanned hast. ily, and answered that he would let him know the. following day, after he had had an opportunity to discuss the situation with the business agent of his union. The following. morning, while discussing. the matter with the business agent, he telephoned the superintendent to: ascertain exactly what was in the telegram that had been shown to him. The superintendent atonce informed him that the Navy had ordered his discharge and that he had better go around to. see them. Edwards-said he was not unwilling to work the 10-hour-day but, being a good union man, he wanted to: find out what the rest of the workers were doing and then go along. with them,

Nevertheless, Edwards went to see Admiral Bowen, who is now in charge of the machine shops, and he verified the fact that Edwards was discharged and that he had been denied all. referral rights at the United States Employment Service. Some vague mention was made of a right of appeal.

Edwards Is Reinstated

A. couple of weeks after he had been. discharged, Mr. Edwards came to the A.C.L.U. office and discussed the matter with the director. It was suggested that an.appeal be taken to the War Manpower Commission. When Hdwards sought to secure the necessary appeal papers at the United. States Employment Office, he was told he couldn’t have them. Then it was arranged that he should secure the appeal papers. through the State office of the War Manpower Commission, but once again he ran into difficulties and. failed to seeure the papers. On the afternoon of the same day, however, he received a telegram from the Navy informing him that he could go back to work on the following Monday, so long as he worked ten hours a day. He would be placed on probation, however, and dur- ing that period would be denied job clearance and referral rights. Mr. Edwards chose to go back to work under these conditions and is. still employed...

The same sanctions. were imposed against. six or seven other workers who. simply failed to-report for work after the Navy had assumed. control of the machine shops. an who was. sick and unable to work was dis

‘charged and blacklisted. but later reinstated. ‘Most of. the others; it is believed, have merely drifted out of the industr y and. gone. to other 7s parts of the country. One George Bronzin, who quit when the Navy. took over, was blacklisted, but a month thereoo uafter. advised. by. the Navy: that he could:go:. back, Wal a Until the transcript of the hearing is sent or » Washington and a decision. handed down by. Nutt, Burke, who is married and has a child. ‘of . intention to disregard reason and relevancy.

-Inoone case a wom

to work on a 40-hour week basis because of his physical condition...

Shop Stewards Can’t Complain»

But the application of sanctions was not lim-ited to persons who refused to work the 10hour-day. In two cases-where the union’s shep stewards complained about. working conditions at their respective plants, the Navy immediately ordered their discharge and denied them work clearances and job referrals... These are the cases of Martin A. Joos, who. objected to structural steel workers performing work usually done by machinist’s helpers, and Arthur B. Burke, who objected to a machinist’s. doing took and die work for:which he received only a ma-chinist’s pay. The-affidavits of both of these men may be found in an adjoining columa.

In the case of Martin A. Joos, a suit. has. been filed in the U. S. District Court to enjoin: the Navy, the War Manpower Commission, etc., from denying Joos a leave clearance and a work: referral. Judge Michael Roche handed the government a setback by granting a temporary, Le straining order, which: compels the government — to refer Joos to a job. The case comes up for argument on October 2. In the meantime, however, the War Manpower Commission has 2dvised Joos that he can appeal his case, but Joos - contends that the administrative appeal iss not” a speedy and adequate remedy. :

Burke Appeal Pending In the case of Arthur B. Burke, such an appeal was filed’ with the War Manpower Commission. The representatives of that agency, both state and regional, did not know how to handle the appeal and referred the matter to Washington. There, Paul McNutt, National Director of the War Manpower. Commission, took jurisdiction of the case, and, after more than. : two weeks’ delay, authorized A hearing to be. held in San Francisco on Friday afternoon, Sep— tember 29, to ascertain the facts in the ea nine, remains jobless.

The President. has given Economic Stub iia. tion Director Judge Vinson. power to apply ‘cer tain sanctions against individuals where orders. — of the National War Labor Board’ are. not obeyed, and under this order, No. 9370, par. C., the “Director may issue such directives as. he may deem necessary “to the War Manpower : Commission in the case of non-complying in ‘dividuals, directing the entry of appropriate orders. relating tothe modification or cancellation of draft deferments or employment privileges or. both.”

Even if the government does have power to enforce its orders by sanctions, still, its actions must be reasonable. Recently, a vation board suspended the gasoline ration of one Maurice ‘Markall “so long as gasoline shall be rationed” because he had secured: 70 gallons of gasoline on the black market to make a business: ‘trip for: which his: ration. board refused him gasoline.

U. S. District Judge Louis Goodman, in: enjoming the ration board’s order, stated: “When the. board in effect decreed: ‘No more gasoline for you until the end of rationing,’ it indicated an Its. decision then became capricious and arbitrary. Relevancy: to allocation was ignored and the beard entered the domain of personal sanctions —a field reserved to Congress, and by constitu® tional mandates, to the courts.”

Blacklisting Means Starvation

Blacklisting for an indefinite period is tantamount to an order of starvation. Certainly, it’ is. “capricious: and arbitrary’ and indicates “am — intention. to. disregard: reason and relevancy.’” Moreover, the manner in: which the Navy has ruthlessly exercised: its power has resulted in a kind of involuntary servitude for the workers in. the 104 shops which it rules with an iron hand, J

MEMBERSHIP GROWS

As. we go to press, the paid-up: membership | of the local’ branch. of the Union stands at. TAG, cs Ce Thaddition; we have: 93 separate subscribers to the A.C.L Us ce the highest’in our ten-year history.

—NEWS cated

found in 26. States, the District cf Columbia, Ha, wali and with

eh Our members and subscribers, although ioe principally in Northern California, may he . .

the armed forces overse 2

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News Published monthly at 216 Pine Street, San Franciseo, 4, 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.

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

UNION URGES "NO" VOTE ON PROPOSITION NO. 12

The Northern California branch of the Amerjean Civil Liberties Union recommends a “No” vote on Proposition No. 12, the so-called “Right to Work” amendment on the November ballot, ‘because it strikes a serious blow at labor’s basic | right of collective bargaining.

The proposed change in the State Constitution provides that workers may “seek, obtain and hold employment” whether or not they pay dues to a labor union. And, the amendment goes on to say that “anything done or threatened to be done which interferes with, impairs or abridges, or which is intended to interfere with, impair or abridge said right, is unlawful.”

While the measure thus purports merely to grant freedom to the worker to join or not to join labor unions, its real purpose is to establish the ‘open shop” in California, and thereby to undermine the trade union movement. It must be recognized, and this is our chief point, that an industrial society cannot exist on a democratic basis without trade unions sufficiently strong to protect the rights of workers. The “right to work” amendment does not guarantee anyone a job, and such a “right” becomes academic in the absence of strong labor unions to protect workers in their right to organize, strike, picket and bargain collectively.

Moreover, the proposed change in the State Constitution cannot reach the majority of workers in this State, because they are engaged in inter-State commerce, and their right to bargain collectively is protected by the National Labor Relations Act. It would create, however, ,an inSecure and inferior status for a minority of workers engaged in intra-State commerce. As justification for the measure, proponents point to certain abuses within trade unions. But, as the Union stated in its pamphlet “Democracy in Trade Unions,” these practices are : “exceptions to the generally democratic methods of most unions.” They should be’ corrected “through pressure within the trade union move- ‘ment itself,” or, if controls are established by law, they must ‘not go beyond reasonable re‘quirements for promoting genuine democratic responsibility within the unions.” Proposition ‘No. 12 does not seek to correct any existing abuses. By establishing the “open shop,’ it attempts to weaken trade unions in order to lessen their power as a democratic force in the community.

N. J. School Bus Law Held invalid After Court Test

New Jerséy’s State Supreme Court last month by a vote of two to one, held unconstitutional a law requiring boards of education to provide free transportation for children attending parochial and other private, non-profit schools, even though the service is. provided for. children attending public schools. The law, adopted in 1941, after long, sharp debate, was attacked in a court case filed in October, 1943. It was supported by the Catholic church authorities of New Jersey. The Union, participating inethe case as a friend of the court, filed briefs in the case, joining A. R. Everson, executive vice-president of the New Jersey Taxpayers’ Association who contended that the law violated five provisions of the State Constitution. The A.C.L.U., supporting Mr. Everson’s contentions, said that the State Constitution .pro- hibited the use of public school money “directly or indirectly in aid-or maintenance” of a denominational school. “The fund for the support of free schools . . . is for the equal benefit of all the people of the state . . . and it shall not be competent for the legislature to borrow, appropriate or use the said fund for any other purpose, under any pretense whatever.”

The Union’s brief prepared by Joseph Beck Tyler of Camden, stated: “It is well-known that the Roman. Catholic Church had long endeavored to obtain this particular legislation, but I submit that it is contrary to a very fundamental eoncept of our system of Government that should ‘be jealously guarded. To hold that money raised by taxation, for a free public usual customs requirements.

DAMAGES AGAINST MILITARY SOUGHT | IN INDIVIDUAL EXCLUSION CASES

In two civil suits for damages, filed last month in the Los Angeles Federal Court and the San Diego Municipal Court, Homer Glen Wilcox, Mankind United’s San Diego County Director, charged that his physical removal by the military authorities on September 6, 1943 from San Diego to Las. Vegas, Nevada, pursuant to a military exclusion order issued by Lt. Gen. John L. DeWitt, Western Defense Commander, violated his constitutional rights.

The complaint in both courts set forth that a group of soldiers, under the immediate charge of Capt. M. R. Hilliard and acting under orders of Lt. Gen. DeWitt, “called upon the plaintiff at his home in San Diego, California, and did, against his will and consent, secure entry into his horce by physical force, by breaking the glass in the door of the plaintiff's home and then opéning the door thereto from the inside; and upon thus securing entry into said home, they did by physical force seize the plaintiff, and did take him to the City of Las Vegas, in the State of Nevada.”

Thereafter, according to the complaints, until January 20, 1944, Wilcox was “by physical and military force prohibited and prevented from returning to the State of California by the then Western Defense Commander, Lt. Gen. Delos C, Emmons.” aS

The suits recite that the military exclusion of Wilcox was not justified by any military necessity and that the military civilian exclusion order procedure violated Wilcox’s constitutional rights under the Fifth and. First Amendments to the United States Constitution: under the Fifth Amendment because he did not receiye “a fair and full hearing,” was not informed of the -nature of any charge against him; and was de- nied the right to counsel.” Also that his right to liberty and property were abridged, and more particularly “the right to earn a livelihood and to engage in the occupation of his choice, the right to establish and maintain a home and the right to free movement.”

While the suit in the Federal Court seeks damages of $3500 against Gen. DeWitt, Lt. Gen. Emmons, Capt. Hilliard and ten John Does who are described as soldiers acting under the command of Gen. DeWitt, the complaint in the San Diego Municipal Court asks only for nominal damages of $100. Explanation is made by Wi. cox in the San Diego suit as follows: “The. | plaintiff prays for damages in the sum of $100, said sum constituting nominal damages, for the reason that the plaintiff is not concerned with. and does not desire from the defendants com— pensation for all of the damages suffered by — him; the plaintiff being concerned and desiring a judicial determination that the acts of the defendants were in defiance of the federal and state constitutions, and the constitutional rights | of the plaintiff.” In order for a Federal Court to have jurisdiction the case must involve $3000 | or over.

Representing Mr. Wilcox are A. L. Wirin and J. B. Tietz, attorneys for the American Civil Liberties Union.

Explaining its interest in the case and the. reason for its cooperation, the American. Civil Liberties Union in Los Angeles stated: “We © are not interested in securing heavy money dam- ages agains! the military authorities, that is why Mr. Wiicox is asking only for nominal damages. Our sole concern is to secure a ruling by the courts upor. the constitutionality of the military | exclusion procedure as affecting American citi- zens.

In view of the fact that the military authorities have rescinded the exclusion order against Wilcox, the oniy remaining legal method of securing a court ruling is by the damage action.”

In the meantime, with special leave of the Presiding Judge of the Los Angeles Superior Court, A.C.L.U. attorneys, A. L. Wirin and J. B. Tietz have appeared as a “friend of the court” in the suit in behalf of Kenneth Alexander against Generals Delos Emmons and J. L. DeWitt and subordinate officers, seeking damages for his physi- eal removal by the military authorities to Las Vegas, Nevada, on September 5, 1943. Alexander, claiming that his health was seriously en dangered by the conduct of the military author— ities, seeks damages totaling $157,200. a

In the A.C.L.U. appearance in the Alexander 4 case, the court is advised that the A.C.L.U. is | not interested in Alexander’s claim for substan

tial money damages; and that its interest in the case wiil be limited to the assertion that Alex| ander’s rights to due process of law as guaranteed by the federal constitution were abridged. —Open Forum.

school system may be used for-the benefit of a denominational school where the teaching of a particular religion is compulsory means that the state is thereby supporting that particular religion by helping it to be taught to'the children. A relaxation of principle may lead to other inroads on taxpayers’ money provided for a free public school system.”

Justices Charles W. Parker and Joseph B. Perskie held the law to be unconstitutional. The opposite view was taken by Justice Harry E. Reher | =

Justice Parker, in the majority opinion, declared the law was in direct violation of a section of the State charter stipulating that school money should be appropriated for public school purposes only.

N. ¥. CUSTOMS OFFICIALS OVERRULED AFTER BANNING “FREE THOUGHT” BOOKS

For a second time within a year, the Treasury Department *has overruled the New York customs officials who held up a consignment of two hundred books from England to the Truth Seekers Company, Inc., dealers in books of the “free thought” school. The books were entitled “Clear-Thinking Logie for Everyone,” “Humanity’s Gain from Unbelief,” ‘The Social Record of Christianity,’ and “A Short History of Sex Worship.” Suit was brought against the Collector of Customs, testing his action, supported by the A.C.L.U. The Union also addressed a protest to Huntington Cairns, consultant to the Customs Bureau of the Treasury, who, on September 9, answered that the N. Y. Collector of Customs had been instructed to release the volumes to the importer upon compliance with the The court contest was therefore dropped.

The Truth Seekers Company, importers for more than seventy years, was involved-in a similar case last year when the Collector of Cus: toms seized several free thought publications. The seized volumes were released after a court contest was instituted and a. protest made to Mr. Cairns.

STATEMENT OF THE OWNERSHIP, MANAGEMENT, — CIRCULATION, ETC., REQUIRED BY THE ACTS OF CONGRESS OF AUGUST 24, 1912, AND : MARCH 3, 1933.

Of American Civil Liberties Union — News published monthly at San Francisco, California, for October, 1944: County of San Francisco)

State of California JESS:

Before me, a Notary Public in.and for the State and county aforesaid, personally appeared Etnest Besig, who, having been. duly sworn according to law, dposes and says that he is the Editor of the American Civil Liberties Union-News, and that the following is, to the best of his knowledge and belief, a, true statement of the ownership, management: (and if a dailypaper, the circulation), etc., of the aforesaid publication for the date shown in the above caption, required by the Act of August 24, 1912, as amended by the Act of March 3, 1983, embodied in section 537, Postal Laws and Regulations, printed on the reverse of this form, to-wit: i :

1. That the names and addresses ‘of the publisher, editor, managing editor, and business managers are:

Publisher—Northern California Branch, American — Civil Liberties Union, 216 Pine St., San Francisco. Hditor—Ernest Besig, 216 Pine St., San Francisco.

Managing Editor—None.

Business Manager—None.

2. That the owner is: (If owned by a corporation, its name and address must be stated and also immediately thereunder the names and addresses of stockholders owning or holding one per cent or more of total amount of stock. Tf not owned by a corporation, the names and addresses of the individual owners must be given. If owned by a firm, .com-. pany, or other unincorporated concern, its name and address, as well as those of each individual member, must be given.) Northern California Branch, American Civil Liberties Union, 216 Pine Street, San Francisco. Pt Rt. Rev. Edward iL. Parsons, Chairman, 216 Pine St., San Francisco. Ernest Besig, Director, 216 Pine St., San Francisco.

3. That the known bondholders, mortgagees, -and other security holders owning or holding 1 per cent or more of total amount of bonds, mortgages, or other securities are: (if there are none, so state.) None. f

4. That the two paragraphs next above, giving the names of the owners, stockholders, and security holders, if any, contain not only the list of stockholders and security holders as they appear upon the books of the company but — also, in cases where the stockholders or security holder appears upon the books of the company as trustees or in any other fiduciary relation, the name of the person or corporation for whom such trustee is acting, is given; also that the said two paragraphs contain statements embracing affiant’s full knowledge and belief as to the circumstances and conditions under which stockholders and security holders. who — do not appear upon the books of the company as trustees, hold stock and securities, in a capacity other than that of and bona fide owner and this affiant has no reason to believe that any other person, association, or corporation has any interest direct or indirect in the said stock, bonds, or other : securities than as so stated by him.

5. That the average number of copies of each issue of this publication sold or distributed, through the mails or otherwise, to paid’ Subscribers during the twelve months preceding the date shown above is| = 2 (This information 1s required from daily publications only.) ERNEST BESIG, Bditor, Sworn to, and subscribed before me this 2ist day of Sep=— tember, 1944. ™ = = (Seal) DOROTHY 4H. McLENNAN, Notary Public in and for the Co. of Say Francisco, State of Californio, = (My commission expires Dec. 21, 1944.)