Open forum, vol. 28, no. 7 (March, 1951)

THE OPEN FORUM

Official Organ of THE AMERICAN CIVIL LIBERTIES UNION, Southern California Branch

"It must not be supposed that it is easy to be free..."-OSsMOND K, FRAENKEL

Vol. XXVIII

Pans Army Segregation

And Court Martials

NAACP Counsel Finds Two

Work for Injustice In

General McArthur's Command

The Army's policy of segregation and

its system of court martials both got a

lambasting from Thurgood Marshall,

special counsel of the National Associa-

tion for the Advancement of Colored

People. Marshall is just back from a six-

week tour of Japan and Korea.

All the injustices in court martials and

other discrimination against Negro troops

stem from the continuing segregation

policy, Marshall said. "There is no evi-

dence of court martials of any unusual

number in any mixed unit... and there

never has been."

Marshall said that 82 Negro GI's in

the 25th Division were convicted of mis-

behavior before the enemy and got sen-

tences running from death and _ life

imprisonment to five years. Twenty of the

sentences have been drastically reduced

since NAACP intervened. White soldiers

who were convicted on the same charge

(there were only two) got by with five-

year and three-year sentences.

In almost every case, defense counsel

had practically no time to prepare the

GI's cases. Most lawyers talked to their

clients for only 15 or 20 minutes before

the trial. And the trials themselves were

short-some only 45 minutes.

Marshall left a report calling for an

end to segregation with Gen. MacArthur

_ before he left the theater. He has also

taken his findings to Washington-both

`0 Army Secretary Pace and the Judge

Advocate General.

. A FRIEND pw it! A new member writes,

A friend of mine sent me your bro-

chure and letter and it awakened in me

the fact that 've wanted for a long time

`0 help to further the excellent work

you've been doing. . . . Your work ties in

with the basic principles of Christianity

and Judaism and thereby warrants sup-

; Port, -. ee

~ LOS ANGELES, CALIF ORNIA, MARCH 81,

Public Utility Strike

Held Constitutional

Compulsory Arbitration Laws

Not The Answer For Labor

U.S. Supreme Court Holds

The ruling of the U. S. Supreme Court

that Wisconsin's law forbidding strikes

in public utility industries and providing

compulsory arbitration in such disputes

is unconstitutional created considerable

discussion last week as to the validity of

similar laws in other states. Doubt arose

whether other states having statutes sim-

ilar to the Wisconsin law might face the

same fate. A Democratic-sponsored _at-

tempt to repeal the New Jersey Public

Utility law was repulsed last week by

the state legislature.

While not answering any of the consti-

tutional points raised by the affected

trade union, the high court declared that

the law was in conflict with the Taft-

Hartley Act, which does not ban strikes

in public utilities affecting interstate

commerce.

The case arose when an AFL streetcar

employees union challenged the Wiscon-

sin law as being in conflict with the fed-

eral law and denying due process of law,

violating free speech and assembly and

the 138th amendment which outlaws in-

voluntary servitude.

ee ee ee

LAWYERS FIGHT LOYALTY

OATH

The House of Delegates of the Ameri-

can Bar Association, meeting in Chicago

recently, voted down a move aimed at

killing its anti-Communist oath for mem-

bers. The oath was adopted by ABA last

September; since then lawyers joining

the association have been asked to sign

it. Leading the fight to have the oath

reconsidered were the bar of New York

City, the executive committee of the

Massachusetts Bar, and 27 attorneys in-

cluding former Supreme Court Justice

Owen J. Roberts.

1951

No. 7

Admit Ex-Communist

Aliens Demands ACLU

To Preserve Freedoms Of All

Rights Of Despised Must

Be Respected Says Speaker

ACLU last month urged passage of

legislation which would ease the entry

into the United States of all ex-Com-

munist aliens.

The statement was contained in the

testimony of the Union presented in

Washington, D. C. before joint hearings

of the Senate and House Judiciary sub-

committees on bills to amend immigra-

tion and naturalization laws.

Edward J. Ennis, former Assistant U.S.

Attorney General and present chairman

of the Union's Alien Civil Rights Com-

mittee took issue with a proposed amend-

ment which would restrict entry of ex-

Communists only if it were "in the public

interest."

"If their renunciation is in good faith,"

Mr. Ennis stated, "then there is no justi-

fication for this special burden on them,

since their capacities to become accept-

able U. S. residents and citizens is as

great as any other potential immigrant."

He pointed out that if such strings were

attached it would only cover a "few well-

known authors and political figures. It is

doubtful that the average person who has

become disillusioned with Communism

or Fascism . . . will be at all benefited by

this provision so long as the `public in-

terest' requirement remains."

The ACLU endorsed lifting of the bar

of non-admittance to "nominal" members

of totalitarian or Communist groups, but

asked that this provision be expanded to

exclude membership by persons under 16

years of age. The age limit is now 14.

Citing the much-publicized Ellen

Knauff case, Mr. Ennis urged revision of

the law which now permits the Attorney

General to deny hearings to excludable

aliens barred as poor security risks. The

ACLU spokesman admitted the Supreme

Court had held there was no constitu-

tional right to such a hearing, "but we

feel as a matter of justice and fairness

such a hearing should not be denied."

PAGE TWO

THE OPEN FORUM (c)

Mr. Ennis expressed the ACLU's oppo-

sition to deportation of aliens, formerly

members of Communist or totalitarian

groups. "If one believes that the purpose

of freedom of speech is to persuade, and

that people can be changed from `pre-"

viously held totalitarian beliefs to demo-

cratic ones, then this provision does a

disservice to that concept." He went on

to state the ACLU's continued opposition

to deportation of aliens who still are

members of the proscribed organizations.

"Our position," he said, "is hardly based

on any love of Communists, Fascists, or

other totalitarians. It rests on our funda-

mental concern for the preservation for

all persons of the freedoms guaranteed

by the spirit and letter of the Constitu-

tion regardless of how deviant, obnox-

ious, abhorrent or stupid the beliefs or

political associations of such persons may

be." Any security threat posed by the

Communists should be met by "proper

and wise legislation directed at the threat

and not by making a distinction based

on the status of citizenship."

On the question of admitting aliens,

the Union endorsed the extension of

quotas to all Asiatic countries, "thereby

removing the present undesirable racially

discriminatory measure directed against

the inhabitants of such countries." It also

strongly supported a section eliminating

race as a bar to naturalization.

CENSURES RED CURB

HYSTERIA

Unlike the "Palmer Days" following

World War I our present Attorney Gen-

eral J. Howard McGrath is outspoken

for American traditions - although he

builds and uses an un-American subver-

sive list.

He was one of the most outspoken men

in public life against the type of legisla-

tion finally passed by Congress. Ad-

dressing the American Bar Association

while Congress was debating the McCar-

ran Bill, McGrath said, "We appear to

be going through a period of public hy-

steria, in which there are many varieties

of self-appointed policemen, and alleged

guardians of Americanism, who would

have us fight subversion by prescribing

an orthodoxy of opinion, and stigmatiz-

ing as disloyal all who disagree or op-

pose them.

"This hysteria appears in. vigilante

groups who decree and execute beatings

of purported Communist sympathizers;

or, who, in more polite circles, intimi-

date radio advertisers into silencing per-

formers whom they say have Communist

leanings."

Senate Committee

_Uses Illegal Means.

The use of wire tap records in the

questioning of Frank Costello before the .0x00B0

Senate Crime Investigating Committee,

meeting in New York City, this week was:

assailed as "illegal" .by the AMERICAN

Civiz Liserties UNION.

In a telegram sent to Sen. Estes Ke-

fauver, the committee chairman, Execu-

tive Director Patrick Murphy Malin

stated:

"While we have every sympathy with

your committee's objectives, we respect-

fully urge you to discontinue illegal use

of records of Costello's wiretapped con-

versations. While they may have been

obtained in accordance with New York

wire tapping law, that law conflicts with

the Federal Communications Act which

prohibits wire tapping. In any event, it

bars. the divulgence of the conversations

by you or any other Federal official. A

crime investigating committee should not

be a party to illegal acts itself. We re-

quest that you read this statement into

the record."

ACLU recently hailed introduction of

a bill in the New York State legislature

to investigate extent of wire tapping.

NEW YORK TO BAN

HOUSING DISCRIMINATION

New York's City Council and Board

of Estimate have passed the Brown-

Isaacs bill which bans discrimination in

all city-aided housing projects. The bill

covers any private housing development

that obtains tax exemptions or financial

help from the city or its agencies.

First introduced last September, the

measure admittedly had as its target the

alleged discriminations at Stuyvesant

Town, Metropolitan Life's huge project

on Manhattan's lower east side. The

buildings have a 25-year partial exemp-

tion from city taxes.

The bill forbids any discrimination or

segregation because of "race, color,

creed, religion, national origin, or ances-

try." Violators are liable to fines of $500.

Passage of the law came after a lengthy

fight conducted by the New York. State

Committee Against Discrimination In

Housing, of which ACLU is a member.

The law was proposed after the U. S. Su-

preme Court refused to review a decision

of the New York State Court of Appeals,

which, by a 4-8 vote, ruled that Metro-

politan did not have to open its develop-

ment to Negroes, since the type of state

aid given was not state action in violation

Harvard Supports

Lawyers Guild

Harvard University once more an.

nounced its adherence to the Constitu.

tional principles of freedom of speech

and association in refusing to suppres;

the Harvard Lawyers. Guild and. in_not

interfering with the speaking engage.

ment on Harvard campus of Osmond K,

Fraenkel, vice-president of the National

Lawyers Guild and a member of the

National ACLU Board of Directors.

Samuel P. Spears, president' of the

Massachusetts Bar Association had _pro-

tested Fraenkel's scheduled speech and

asked that Harvard bar the Guild "and

stop playing host to the Communist

Party." The Guild has proven itself pro-

gressive enough to be cited by the House

Un-American Activities Committee as a

Communist front group. .

Harvard's reply was that to suppress

the local campus unit "would be an im -

proper interference with the legitimate

freedom of our students." ;

In a letter to Harvard Law School,

Dean Erwin N. Griswold, ACLU Execu- |

tive Director Patrick Murphy Malin said: -

"No organization has a constitutional

right to exist in any educational institu-

tion, but-as Harvard has long led in en-

phasizing -its students and/or faculty

members should be: freely granted the

privilege of maintaining legal organiza:

tions, and of inviting any speaker whom |

they desire. And, whatever else one may

think about the Guild, it is a legal or

ganization." ve

WIN LEAFLET CASE

ACLU won dismissal of a case against

a woman arrested in Amityville, N. Y., fo

distributing political leaflets of the Amer

ican Labor Party.

Mrs. Karen Hess was charged under

an ordinance forbidding distribution of

circulars, handbills, or other advertising

matter on. town streets, sidewalks, 0

other public places. With an ACLU at

torney defending Mrs. Hess, Police Jus

tice John A. Delves, Jr., threw the cas?

out of court, on grounds that the ordi:

nance was not applicable.

ee

of equal protection laws of the U. S$. Com

stitution. The law, under which Stuyve

sant Town was built, the court said, di

not provide for this. It suggested that col

rective action could be taken through ?

new law specifically barring discrimin(R)

tion from private developments built with

state aid.

ae 2350x00B0 ete es OS

One ce.

st

ist

Or

er

ng |

or

at

SE

"tHE OPEN FORUM

PAGE THREE

THE OPEN FORUM

OFFICIAL ORGAN

AMERICAN CIVIL LIBERTIES UNION

SOUTHERN CALIFORNIA BRANCH

Aaron ALLEN Heist, Executive Director

Editor

BOARD OF DIRECTORS

J. W. MacNarr KATHERINE KILBOURNE

President Loren MILLER

Epmunp W. Cooke RosBerT Morais

Henry P, Nava

Pror. CHarzezs R. Nixon

FrEeD OkRAND

Joun C. Packarp

RICHARD RICHARDS

Dr. E. P. RytAnD

Mrs. Ratpu SmitH

Dr. CuintTon J. Tarr

CiorE WaRNE

ELIzABETH A. Woop

Dr. Wo. Linpsay Younc

Vice-Pres.

A. A. He1st, Secretary

J.B. Tretz, Treasurer

A. L. Wratin, Counsel

Hucu H. ANDERSON

Mrs. JoHN BEARDSLEY

Harry BRAVERMAN

Pror. GzorGE M. Day

Hucn HarpyMaNn

~ Rev. ALLAN HuNTER

Pau Jacoss

Published Bi-Weekly at

Room 517, 257 South Spring Street

Los Angeles 12

Phone TUcker 8514

One Dollar the year

Five cents per copy

Entered as second-class matter April 24, 1946,

at the post office at Los Angeles, California,

under the Act of March 8, 1879.

Los Angeles, California, March 81, 1951

Demand

Greater Freedom

"Bad will be the day for

every man when he be-

comes absolutely content

with the life that he is liv-

ing, with the thoughts that

he is thinking, with the deeds that he is

doing, when there is not forever beating

at the doors of his soul some great desire

to do something larger, which he knows

that he was meant and made to do, be-

cause he is still, in spite of all, the child

of God."-Phillips Brooks

WORLD WIDE REVOLUTION

New forces have been unleased in Asia

which may not be susceptible to repres-

sion by the means used for so long by the

white powers. One who had begun to

perceive this was the late Wendell

Willkie,

... there is a perceptive passage in this

book, "One World," that has great mean-

Ing for us today:

"... Men and women all over the

World are on the march, physically, in-

tellectually and spiritually. After cen-

turies of ignorant and dull compliance,

undreds of millions of people in eastern

Europe and Asia have opened the books.

Old fears no longer frighten them. They

are no longer willing to be eastern slaves

for western profits. They are beginning

to know that men's welfare throughout

the world is interdependent. They are

resolved, as we must be, that there is no

more place for imperialism within their

own society than in the society of na-

tions. The big house on the hill sur-

rounded by mud huts has lost its awe-

some charm."

... It is not too late to realize that what

is happening in China and in Asia is not

the work of a few puppets inspired by

and directed from Moscow. - Marquis

Childs

It's Time To Get Mad!

"It is one of my failings, I know,

but I have never been able to work

happily with men or women who were

incapable of hot indignation at some-

thing or other-whether small or big,

whether it stirred me personally or

not, if only it was something. To mini-

mize evil ever is to my mind to con-

done it and in time to destroy one's

influence."-The late Oswald Garrison

Villard.

It is just this seeming lack of ability in

the citizen mass to become thoroughly

indignant which may prove the undoing

of our country.

Why is there not hot indignation

against the military crowd and profiteers

who have fostered and then capitalized

on national fear unequaled anywhere in

the world? Why do we calmly accept

universal military training now when

Congress has not dared to pass the neces-

sary laws in more sober days? Why does

America acept a 78% increase in military

expenditures when the military budget

has been upped each year since the war

as a result of periodic scares? Why should

such military preparation be necessary

for us when "the enemy" upped its ex-

penditures only 3% this year without

previous annual increases? Why should

we outdo Russia in the percentage of our

budget devoted to military purposes?

Why do Americans not become angry

enough to drive from office those who

label every peace proposal "Communist

inspired" when they are not making pro-

posals for Russia to turn down? Why do

we return to office those whose stock in

trade is to promote international and

domestic group suspicions and fears?

Why do we listen to office holders who

repeat the age old fable that security and

peace lie in preparation for war?

It's high time Americans got mad at

all who pervert our traditions! Only so

shall we preserve our civil liberties.

"LAND OF THE FREE?"

America used to boast of being an

asylum for refugees who would other-

wise be executed or languish in jails in

their home country as political prisoners.

Less than a generation ago we proudly

asserted that in our democracy there

could be no such person as a political

prisoner.

But what else are the "Hollywood

Ten?" Of course, they were convicted of

contempt-"contempt" just a technical

shade different from that which the Su-

preme Court of the United States held

to be an American's privilege in Blau

vs. U. S. The real reason they are now

behind bars is that they are suspected

of being Communists-politically unorth-

odox.

Had they been orthodox and proven

guilty of a real crime they might long

since have been paroled or even given a

presidential pardon, like the Democratic

leader, Curley.

Let it be remembered that two of the

ten found guilty of the same "crime"

were given six months in jail while the

other eight received a sentence of one

year. Compare their "crime" and _treat-

ment with the following:

J. PARNELL THOMAS, chief accuser

of the Hollywood Ten, convicted of

theft of public funds was GRANT-

ED PAROLE.

ANDREW MAY, Kentucky Congress-

man, convicted of using his public

office for personal profit from war

contracts was GRANTED PAROLE.

BENNET MEYERS, wartime general,

convicted of conspiracy with war

profiteers to defraud the government

was GRANTED PAROLE.

MAYOR CURLEY, of Boston, political

grafter and friend of gangsters, con-

victed of income tax fraud, was

GRANTED PAROLE.

JOSEPH SCHENCK, motion picture

executive, convicted of income tax

fraud, was GRANTED PAROLE.

If such a comparison outrages your

sense of American justice we suggest that

you write the U. S. Board of Parole, Dr.

Killinger, Chairman, H.O.L.C, Building,

Washington, D.C.

Or coursE, it is easier to keep quiet

than to speak out against violations of the

Bill of Rights, but in what countries

would there be free speech, free press,

freedom of religion, freedom of assembly

if in other "times of crisis" all had kept

quiet?

PAGE FOUR

Suggest Quakers

Sponsor Subversives?

The San Diego Board of Education

early this month withdrew its approval

of a Quaker sponsored Institute of Inter-

national Relations when the Board found

that Carey McWilliams, Los Angeles

lawyer, nationally known radio speaker

and author of authoritative social studies,

was to be an institute faculty member.

Teachers now attending will not receive

special credit as in years past.

Mrs. Mildred Hale, board president, is

reported to have explained that the ac-

tion taken at a special meeting was due

to dissatisfaction expressed over Mr. Mc-

Williams affiliations with left wing

groups as announced by "government in-

vestigating agencies."

In a letter to San Diego ACLU mem-

bers urging every effort to preserve

American freedoms of speech and asso-

ciation the Executive Director of the

Southern California Branch said,

"It is glaringly foolish that your Board

of Education should pose as censor of a

program prepared by the American

Friends' Service Committee (Quakers).

Only a little less preposterous in your

Board's posing as a judge of the Ameri-

canism of so widely recognized a scholar

and author as Carey McWilliams, whose

friendship is an honor to any Californian.

What does your Board know about the

associations of Mr. McWilliams? And are

they ready to accept the un-American

doctrine of guilt by association? The

whole situation is as absurd as the one

out of which we developed the famous

case of Danskin versus the San Diego

Board of Education, resulting in the best

State Supreme Court decision on civil

liberties ever handed down in America."

(LATER - The action of the school

board proved most beneficial to the In-

stitute. Attendance was much above

what could have been expected without

the opposition. However, such a reaction

on the part of the public does not wipe

out the sin against the Bill of Rights com-

mitted by the Board. )

AS WE GO TO PRESS word comes

that at the next regular meeting of the

Board the previous action withdrawing

credit was rescinded as "illegal." Much

credit for the about face is due to the

INTERNATIONALLY

ACCLAIMED!

From Paris comes the following:

"Despite our temporary great dis-

tance from Los Angeles and the nor-

mal inclination of `out of sight ..- I

am enclosing a check for $20.00 to

cover COOPERATIVE MEMBER-

SHIPS for both my wife and myself.

"For an American living in Europe

the semi-monthly OPEN FORUM is

a more potent pro-American inspira-

tion than the airmail papers and `of-

ficial releases. It is in fact a welcome

antidote to the generally depressing

news, now become quite popular here.

There are few differences between

Russia and America which impress

the European so much as the con-

tinued activity and success of genu-

inely liberal and democratic organiza-

tions such as the ACLU."

From one to four copies of the OpEN

ForuM now go regularly to the following

foreign countries: Canada, Mexico, Ec-

uador, France, Germany, Japan and

India.

ASK CHECK ON

BLACKLISTING

The American Jewish Congress has

called on President Truman's Commis-

sion on Internal Security and Individual

Rights to investigate "the alarming ten-

dency . . . throughout the country to

blacklist persons even remotely asso-

ciated with any form of liberal activity."

The commission is headed by Fleet Ad-

miral Chester W. Nimitz.

The organization also asked the com-

mission to look into the misuse of Con-

gressional powers in investigations and

the abuse of Congressional immunity. It

cited President Truman's statement that

the two have led to "unwarranted at-

tacks on individuals" and "unwarranted

infringement of their rights and liber-

ties."

The demands were part of a resolution

adopted by 150 delegates attending the

quarterly meeting of the AJC's national

administrative committee.

fighting spirit of a Board member who

could not be present at the special

meeting,

THE OPEN FORVy

Building

DEMOCRACY

Today

POLL TAXES VANISHING. The nationwic

agitation against poll taxes seems to le

bearing fruit in southern state legisla.

tures. South Carolina is the most recen}

state to take action abolishing this cent.

fective instrument baring not only Ne.

groes but "the poor white trash" from the |

polls. Today there remain only five pol

tax states-Alabama, Arkansas, Mibssis.

sippi,Texas and Virginia. |

PoLicE MusT PAY. The California Sv-

preme Court early this month overruled:

Los Angeles Superior Judge who had "-

rected a verdict in favor of an office

charged with illegal arrest. The tril

transcript indicated that the two police

officers involved arrested one J. 3

Hughes without a warrant while dressed

in plain clothes and that at the time they |

booked their victim they charged him

with suspicion of robbery when he te

fused to answer questions.

LitTLE AMERICAN CONCENTRATION

CAMPS - The counsel of the Americat

President Lines joined civic represents:

tives before a Senate-House committee il

condemning the `little concentratio

camp for Chinese immigrants in San |

Francisco," operated by the U. S. Imm

gration Service. As many as 500 persons _

are "detained from a week to sometime

a year or more in two beautiful concer:

tration camps on the 12th and 18th floors

of the Appraisers building in San Fran |

cisco." Regulations are so severe that

women are reported to have committed

suicide.

CaN'r OUTLAW CoMMunists! The Hig!

Court of Australia has voided the 195!

law outlawing the Communist Party and

giving the government power to "de

clare" labor union officials and govetl

ment workers to be Communists. Liber!

Prime Minister Robert Gordon Menzies

defense of the unconstitutional lav

sounded genuinely "American."-"We #

not dealing with the ordinary Australia!

citizen who is entitled to be treated with

all the delicacies of the law. We are dea! |

ing with a movement of scoundrels, 4

enemies of the people, whose one desite |

is to pull Australia down."