vol. 9, no. 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. IX SAN FRANCISCO, CALIFORNIA, FEBRUARY, 1944 No. 2

C.O.'S LOSE IN SUPREME COURT

Denied Right To A F ull Hearing When Charged Arran Violators

Conscientious objectors must set aside tein consciences and report to the Army if they want to get a legal review of their draft classifications, the Supreme Court ruled last month in the case of Nick Falbo, Pennsylvania Jehovah’s Witness, who claimed exemption as a minister. The opinion was written by Justice Black with Justice Frank Murphy dissenting.

Falbo had claimed that his drat board acted arbitrarily and unreasonably in classi- fying him. That court said, in effect, that the allegation might be true, but that he would have to enter the Army first and then seek legal redress. That is somewhat like telling a men he has to give up his religion before he can test his right to religious liberty.

Union Supported Falbo

‘The American Civil Liberties Union, whose brief filed in support of Falbo’s con- tentions was signed by Julien Cornell, Harold Evans, Ernest Angell and Osmond K. Fraenkel, declared: ‘The decision by the U. S. Supreme Court leaves us just where we were before. It does not relieve conscientious objectors who refuse to go into.

the army to test their rights. It will do nothing to stop the stream to prison of men improperly classified by local and appeal boards.”

The majority of the Court argued that an order to report for induction is only an “‘in termediate step in a united and a continuous process, designed to raise an army speedily and efficiently,” and that that process may not be interrupted by court action unless Congress has authorized it. Such authorization was not found by the Court in the Selective Service Act. ‘‘Even if there were, as the petitioner argues, a consitu- tional requirement that judicial review must be available to test the validity of the decision of the local board, it is certain that Congress was not required to provide for judicial intervention before final acceptance of an individual for national service.”

Justice Murphy Dissents

To Justice Murphy, the case “presents another aspect of the perplexing problem of reconciling basic principles of justice with military needs in war-time. Individual rights have been recognized by our jurisprudence only after long and costly struggles. They should not be struck down by anything less than the gravest necessity. We assent to their temporary suspension only to the extent that they constitute a clear and present danger to the effective prosecution of the war and only as a means of preserving those rights undiminished for ourselves and future generations. Before giving such an assent, therefore, we should be convinced of a reasonable necessity and be satisfied that the suspension is in accordpresent every reasonable defense .

ance with the legislative intention. “The immediate issue”, continued Justice Murphy, “is whether the Selective Training and Service Act of 1940 must be interpreted so as to deprive alleged violators of the right to a full hearing and of the ae to etitioner alleges that (his) classification was contrary to law and was the result of arbitrary action by his local board. On the assumption that these allegations are true, the subsequent order to report for assignment to work of national importance, which (Continued on Page 4, Col. 2)

President Pardons General Richardson

‘Lieut. Gen. Robert C. Richardson, who defied the United States District Court in Hawaii, has been pardoned by President Roosevelt. Richardson, under writs of habeas corpus issued by Federal Judge Delbert E. Metzger in Honolulu, was required to produce in court two civilian citizens of German extraction, Erwin Seifert and Walter Glockner, held by him. Not only did the General refuse to produce the men but he also issued an order prohibiting the various courts, on pain of $5000 fine, from issuing writs of habeas corpus or from taking any action whatsoever in such proceedings, including pending cases.

General Richardson was originally fined $5000, but after intervention by Assistant Attorney General Edward J. Ennis, he withdrew his order, released the two men and in turn had his fine reduced to $100. The President’s pardon now excuses him from paying the fine.

The President’s action was taken as the time for appeal in the contempt case expired. The question of the legality of the martial law, under which Richardson claimed he was acting, thus remains unsettled. Once before the government balked a test of Hawaii’s martial law by releasing from custody Hans Zimmerman who had appealed his case to the United States Supreme Court.

The local branch of the Civil Liberties Union intervened in the recent cases at the request of the Seiferts whose home is in San Francisco. The national office of the A.C.L.U. appeared as a friend of the court in the earlier Zimmerman case.

UNION OPPOSES SUIT TO EXCLUDE COMMUNISTS FROM CALIF. BALLOT

The lank of the Communist Party to a place ‘on the California ballot was argued before the District Court of Appeal in Los Angeles on January 19. The plaintiffs had sought to. prevent the Communist Party from. appearing on the ballot at the last general election, on the claim that the > party advocates the violent overthrow of the government, but their complaint had been dismissed by the Superior Court.

‘The ACLU, filed an amicus curiae brief upholding the lower court’s action. The. brief argued that advocacy of the violent, overthrow of the government, in the absence of a clear and present danger to the government, is insufficient cause to remove a political party from the ballot. “If there is any truth in the claim of the appellants that the Communist Party seeks to overthrow our form’ of government by force and violence,” said the brief, “the adequate answer is that it should be permitted and encouraged to function, at least. to the point wheré it resorts not to the method of force or violence, but to the peaceful, legal and constitutional method of attempting to secure a change in our government by the ballot.’’

CALIF...LEASE TEST POINTS TO JAPANESE “GHOST TOWN”

Superior Judge Carl A. Stutsman of Los Angeles on January 21 heard a case involving the question whether a JapaneseAmerican lessee continues to be liable on a lease of a hotel in “Little Tokio” after his evacuation from the coast. Both the Jap-anese American Citizens League and the A.C.L.U., which appear in the case as friends of the court, urge full exoneration. Evidence to be submitted to Judge Stutsman will show that the exclusion orders made “Little Tokio” a “ghost town,” and more recently a Negro community. To compel full compliance with a contract under such circumstances would constitute an “unconscionable hardship’’.

PRESIDENTIAL PARDONS TO BE ASKED FOR MINNEAPOLIS “TROTSKYITES”

The U. S. Supreme Court last month denied a second petition for rehearing in the Socialist Workers Party case, backed by a brief filed by the ACLU, involving 18 members of the Trotskyist organization convicted in 1941 under the 1940 peace-time sedition act. The court’s action closes the legal proceedings in which counsel for the defendants and the ACLU sought to reverse the convictions, first in the Circuit Court of Appeals at St. Louis and then in the U.S. Supreme Court.

Petitions for presidential pardon are being prepared by counsel supported by the ACLU. The defendants have gone to prison to serve sentences up to sixteen months. —

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Results of Poll On Membership Meetings

As this story is being written, 234 ballots out of the 655 mailed have been returned in the membership poll to determine whether or not the local A.C.L.U. membership favors general and area membership meetings, and whether it would attend such meetings, if they were arranged.

A majority of those returning ballots, but not quite 25% of the membership, expressed itself in favor of general membership meetings. Area meetings drew the support of less than 20% of the membership, but 47% of those casting ballots.

More important, however, was the question of how many would actually attend the proposed general and area meetings. A San Francisco fall meeting drew 115 supporters, while 96 persons said they would attend a spring meeting in Berkeley. In each case, those indicating attendance constituted less than a majority of the vote east, although the San Francisco meeting drew the support of 49% of those casting ballots.

About fifty per cent of those returning ballots indicated a willingness to attend area meetings, although six of the 116 votes were conditional. Thirty-eight San Franciscans said they would definitely attend ,area meetings, while 4 more were of the “T would try” variety. Twenty-three Berkeleyans would attend such meetings; ten members in Oakland,—not counting two persons who conditioned their attendance on the nature of the programs. The Peninsula area (mainly Palo Alto and Stanford), drew 13 favorable votes for area meetings. Among the remaining 26 willing to attend area meetings, 3 live in Sacramento, 2 in Stockton, 2 in Mill Valley, 2 in Napa, 2 in Porterville and the rest are scattered among more than a dozens Cities. The vote follows:

See! Not Yes No Voting

1. Do you favor general mem.bership meetings? 2. Do you favor area meetings (limited to members in your particular comCc? (munity) ?. 3. Would you attend an eve- », ning general membership * meeting held next spring in Berkeley? : 96 95 41 4.. Would you attend an eve. ning general membership . /. meeting held next fall in “San Francisco? 5. Would you attend evening i. area meetings (limited to members in your particular community) held on dates selected by those interested?

145 20 69 109 46 80 115 79 40 116 651. 67

NEW YORK STATE MAY ... GET RACE HATE LAW

A bill to punish anyone responsible for the publication of race-hate literature in New York State was introduced in the legislature at Albany last month under bi-partisan sponsorship. Patterned after a mea— sure recently adopted in Massachusetts, the bill is similar to the Federal measure opposed by the American Civil Liberties Union and by the Postmaster General of the United States. The A.C.L.U. has urged unfavorable action on all such legislation, considering it an undesirable extension of censorship, and holding that race hostility can be cured only by education, not by punitive laws which must react inevitably against the interests of the groups they are designed to serve.

“VIEW” MAGAZINE BANNED FROM THE MAILS BY POSTMASTER

The American Civil Liberties Union has joined with counsel for ““View’” magazine published in New York protesting the action of the Post Office Department in barring its December issue on grounds of obscenity.

Counsel for the A.C.L.U. informed Post Office Solicitor Vincent Miles that the ex- clusion order is unwarranted in view of the contents of the magazine. The Union > has asked for specification of the objectionable matter and for a hearing.

Comments by Membership About The Proposed

Everyone has too many meetings already, of course. But a successful, enthusiastic, “live” meeting would be a boon to the organization to increase its commendable work, spread knowledge of its raison d’etre, and to enlarge its membership. We would come to an annual meeting. Suggest dinner before.

The officers are able to carry on in the | future as they have in the past. I should favor membership meetings, general or lo‘cal, only when there is some important mat- ter requiring a meeting.

The idea of membership meetings, whether general or area, is good and should be worked out even though considerable difficulty is involved.

Theory is fine but—I feel any member can read publication. :

I think it is important that members should meet. I have had people tell me there was no use in joining because there was nothing they could do. I also think members should have a chance to express opinions on ACLU decisions.

I am interested in the general purposes of the organization and the handling of the cases as reported by the paper, but not in group meetings.

Am heartily in favor of bringing members together in the flesh. ACLU has appearance of bodyless head.

I see no justification in adding more talk to the inundation which is overwhelming the world!

People haven’t time to attend many more meetings but I think an effort would be made to attend general meetings held at rare intervals.

Experience in mid-west indicates that turnout is generally small and results not worth effort of office force involved.

I think any organization should hold membership meetings, from time to time, to coordinate their efforts for all concerned. Do not have time for meetings—your Bulletin is excellent.

This is just what we have been waiting for!

Would attend if some good purpose could be served thereby, but not just to get ac- quainted with others or to hear reports which could be mailed as well.

Suggest that such meetings be limited to these two (that were mentioned) at present unless some matter of such concern comes up that a special meeting seems wise.

Members should be permitted to invite friends and other prospective members. One or two such meetings per year would be adequate under present circumstances.

Particular Obstacles

Negative position due to war pressure. Under present pressure I would have no time for meetings.

Owing to the fact that I arise at 4:00 A. M., it would be difficult to promise to, attend any but local meetings.

Evening meetings are not always easy to attend; there are many other obligations. It is not easy to go to S. F. at night and transportation is a problem.

In ordinary times a S. F. or Berkeley meeting would be worth while but it would be too difficult to arrange for transportation now. :

Owing to transportation difficulties, we do not go out in the evening unless it is within walking distance.

Like all—-gas scarce.

. would perhaps be unable to attend because of working hours.

Anything I agree to is subject to the approval and willingness of my draft board. I believe such: meetings should be held in downtown area where transportation is dependable.

All such meetings are subject to particular private engagements, attractiveness of program, etc., and usefulness to the cause.

A.C.L.U. Meetings

Program Suggestions

No speeches.

I think open forum discussions are a good thing.

Would suggest a “question and answer” period on each program.

Area Meetings

I favor holding the meetings irrespective of how few attend. Those attending can participate more completely in small groups.

I do not know of any particular good these smaller area meetings could accomplish. Personally am not in position physically or do I have available time to energeti- cally push such local movements as they ‘ deserve.

I suggest that area meetings be tried where as many as 6 people are interested. Groups of 6 to 12 might turn out to be the ideal size.

My opposition to area meetings is owing to my belief that they would be too small and too localized to be effective in any worthwhile respect.

I favor only occasional general meetings and regular area meetings.

Would favor and attend an area meeting which might be called to discuss a civil liberties problem in that particular community, but not regular area meetings. I think membership too small for area meetings. —

| particularly favor general membership meetings but feel limited community meetings serve little purpose. . areas could have meetings—as desired.

A. C. L. U. May Act In | Associated Press Case

. A form of judgment for the purpose of clarifying the decision of the U. S. District Court in New York in the anti-trust case against the AP, was filed with the court on January 3 by counsel for the press association. The AP offered to change its bylaws so that members will not be prohibited from distributing any news to non-members, but proposed to retain the by-laws prohibiting members from distribution to nonmembers of news from AP sources. Lawyers for the AP declared that the association may take a different position in an appeal action.

The Civil Liberties Union has refrained from entering the case up to this point, holding that no clear issue of freedom of the press is involved. If the expected ap- peal is taken by the AP, the Union will consider intervening ‘‘on behalf of the in- terests of the reading public.”

COL. WOOD DIES

Col. Charles Erskine Scoot Wood died last month at the age of 92. He had been a loyal member of the local Executive Committee of the Union since the branch was organized in ’34.

Col. Wood was a fighter for civil liberties when fighters for that cause were few. He took a particular interest in the notorious Espionage Act prosecutions during the last war; he defended Emma Goldman and other anarchists, besides lending his support in opposing prosecution of members of the I.W.W. under criminal syndicalism laws.

Col. Wood had a varied career. Following his graduation from West Point, he fought in several Indian Wars. But after ten years in the Army he turned to the study of law and was. admitted to the practice in Portland, Oregon, in 1884. In his later years he turned to painting and writing. Probably his most famous book was ‘Heavenly Discourse.”

Act Now to Save Comm. On Fair Employment Practices

The continuance of the Fair Employment Practices Committee is threatened by the hearings conducted by the Select Committee to Investigate Executive Agencies under the chairmanship of Congressman Howard W. Smith.

-The Committee first took jurisdiction of complaints against the FEPC when the In- ternational Brotherhood of Boilermakers, Iron Shipbuilders and Helpers charged mis- conduct by the FEPC in calling for the admission of Negroes to the union. No hear- ings have been conducted by the Committee on the Boilermakers’ complaint, but hearings were held on January 11th to determine if the FEPC exceeded its authority by issuing a directive to the Philadephia Rapid Transportation Co. and its Employee’s Union on December 29, 19438, ordering them to cease discrimination against Negroes.

During the hearings, members of the Smith Committee expressed the opinion that since the FEPC was not created by statute, it is without authority to issue such an order. Equally disturbing was the hostility of committee members to the purpose of Executive Order No. 9346. Chairman Smith, who probably reflects the attitude of the majority of the members, charged that the FEPC “‘is stirring up strife’.

It is urged that supporters of the FEPC make prompt representations to the Con- gressional Committee to discontinue this fishing expedition against the FEPC. The committee is composed of John D. Delaney (D., N.Y.); Fred A. Hartley (R., N:J.):; John J. Jennings, Jr. (R., Tenn.) ; Clare E. Hoffman (R., Mich.) ; Hugh Peterson (D., Ga.) ; and Jerry Voorhis (D., Calif.).

It appears that Reps. Delaney and Voorhis and possibly Reps. Hartley and Jennings, are favorably inclined. Letters should be sent to those four Congressmen urging them to use their influence to support the work of the FEPC. To Congressmen Voorhis and Delaney an expression of appreciation should be added for the stand they have already taken.

A. C. L. U. PROTESTS ANTI-JAPANESE DEPORTATION BILLS

Representations were made last month to the chairman of the House Committee on Immigration and Naturalization, asking unfavorable consideration of the bills, H.R. 3012, 3446 and 3489, relating to certain Japanese residents of the United States, certain Japanese citizens, and Americans not only for disloyalty but in one provision for refusing to speak the English language. H.R. 3012 would create a Japanese De- portation Commission to decide cases and apply to the Attorney General for deportation warrants. The Union’s protest was also directed against another bill, H. R. 2701, which would deprive any native or naturalized American of his United States citizenship if convicted of “‘knowingly and intentionally expressing either orally or in writing, loyalty to a foreign state.”’ The A.C.L.U. has stated to the House Committee chairman that it holds these bills to be of clear danger to constitutional liberties.

SAN FRANCISCO TEACHERS UNION OPPOSES RELEASED SCHOOL TIME PLAN

The San Francisco Teachers Union has adopted a resolution commending the San Francisco Board of Education for postponing further consideration of the proposal of released school time for religious instruction and expressing the hope that ‘‘when this matter comes up for reconsideration next August, it will be settled quite in harmony with our tradition of complete separation of Church and State.”

The Teachers Union pointed out that the plan “‘would entail a spending of public money for religious instruction which would manifestly be contrary to the Constitution of the State of California’, and expressed : the fear that the plan will have a divisive tendency. A dozen reasons were cited for opposing the plan.

Union Offers Aid

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io Returned Ni iseL

Reported Threatened by Neighbors

The A.C.L.U. late last month offered its help to a citizen of Japanese ancestry whose return to this area on a military permit aroused the hostility of a few of her neigh- bors. One woman tried to pull the Nisei out of her house, and in doing so scratched her arm, but otherwise the incident was not half as bad as one might have been led to believe by the newspaper accounts.

Mrs. June Arrii Terry, 22, was born in Martinez and is married to a Caucasion, Horton Terry, a laborer. She has a brother in the U.S. Army. Recently, her husband secured a permit from the Western Defense Command allowing his wife and two year old child to return to Martinez from Missouri. They moved into a house at 2121 Monterey Avenue on January 20, expecting to furnish the place with things stored by Mrs. Terry’s mother. The next day a Mrs. Williams called at the house, learned that Mrs. Terry was of Japanese ancestry, and tried to pull her out of the house. Other neighbors called the police and from there on the Hewspanel boys tried to build up the story.

According to early newspaper reports, Mrs. Terry moved the day after the incident occurred. Later, the papers corrected themselves, and she is still occupying the same abode at this writing. It was also reported that the neighbors all had signs in their windows reading, “No Japs Wanted Here.” Private investigation, however, failed to disclose any signs. Also, the landlord, contrary to reports, is willing to allow the Terrys to remain, although it is hard to see how he could compel them to move so long as it is only the neighbors who misbehave themselves.

Of course, the Terrys have been scared; there is no doubt about that. Mr. Terry has stayed home from work; they have kept their blinds drawn, and they have not proceded to get their furniture out of storage. They may still move, but the chances are that the housing shortage may compel them to stay where they are for a while.

The Terrys have not been without support in the community. A half dozen of their neighbors signed an open letter to the press. “To those who don’t know or have overlooked the fact,” said the letter, “Mrs. Terry is an American citizen who has the right to life, liberty and the pursuit of happiness as set down in the Constitution of the United States. If she is deprived of these our part in World War II is completely, without justification.”

The San Francisco Chronicle condemned the incident as a ‘“‘piece of un-Americanism.” Said the Chronicle, “It must be frowned upon by all decent people. We have to remember that it has no limits. If such signs can be paraded to insult citizens of Japanese blood they can also be set up before citizens of any other origin if some persons happen to be prejudiced against them. If there can be signs saying ‘No Japanese wanted’ there can be others saying ‘No English’ or ‘No French’ or ‘No Okies.’ ” Letters to the Chronicle’s editor were all critical of the outrage.

PRESIDENT NAMES AIDES FOR RAIL DISCRIMINATION SHOWDOWN

A special committee of three was ap-. pointed by President Roosevelt last month to study the racial discrimination issue resulting from the challenge of F.E.P.C. di- rectives by sixteen Southern railroads and three labor unions. Members of the special committee are: Chief Justice Walter P. Stacy of the Supreme Court of North Carolina, chairman; Mayor Frank J. Lausche of Cleveland; and Judge William. H. Holly of the United States District Court in Chicago. FEPC Chairman, Malcolm Ross, welcomed the appointment of the new committee, declaring he understood it will in no way supplant the Committee on Fair Employment Practice.

Meetings of the special committee with representatives of the railroads and labor unions will soon be held, announced the President, who said, “‘No discriminations should prevent the fullest use of our man| power. ...I am sure that agreements shaped in good sense and good will can be reached.’”

The President’s action came as a prompt response to requests from the FEPC, the American Civil Liberties Union and other organizations, asking that the defiance of orders against race bias by Southern roads and unions be faced and settled.

Drop Detroit Draft Prosecution Of Negro Doctor

The government has dropped prosecution in the case of Dr. Edgar B. Keemer, Negro physician arrested last July by F. B. I. agents in Detroit for refusing army induction after volunteering for service in the Navy Medical Corps. The case was of interest to groups working against color bias in the war services, and was acted upon by the American Civil Liberties Union through Walter M. Nelson, Detroit attorney.

The dismissal of the case by the office of the District Attorney apparently frees Dr. Keemer from further obligation to military service, and counsel declares it unlikely that the prosecution will be reopened. The Navy’s failure to formally dispose of his application was held by counsel to be a refusal of his rights, “actuated simply and solely because of his color.”

part:

ALL BUT TWO SCOTTSBORO BOYS PAROLED

“The Alabama State "Parole Board last month granted conditional release to Andy Wright and Clarence Norris, two of the nine Negro boys arrested at Scottsboro twelve years ago on charges of alleged rape of two vagrant white girls in a railroad freight car. Two of the boys, Haywood Patterson and Ozzie Powell, still remain in prison. One was released in December. Four were freed at the time of the last trials in 1937.

Powell is serving a sentence for attack ing a guard. Patterson is alleged to have a bad prison record. Efforts for their parole will be continued by the Scottsboro Defense Committee, headed by Dr. Allan Knight Chalmers of New York, ‘who with an Alabama committee has conducted the negotiations for parole.

FCC RULES TO LET NEWSPAPERS © OWN RADIO STATIONS

Stating its aim to be the greatest possible expansion of radio information by in- creased sources of broadcasting, the Federal Communications Commission last month voted unanimously to permit newspaper publishers to buy and operate radio stations, but reserved the power to deny a license in any case in which the Commission shall judge a dual ownership of press and radio to impose a monopoly prejudicial to public interest in any community.

The public notice of the ruling said in “All the commissioners agree to the general principle that diversification of such media is desirable. The commission . desires to encourage the maximum number of qualified persons to enter the field of mass communications .. . However, it does not intend to... permit concentration of control in the hands of the few to the exclusion of the many...”

During the two year inquiry conducted by the FCC, the American Civil Liberties Union has refrained from taking issue, believing each case of dual press and radio ownership should be decided on its own merits, and in accordance with the nonmonopoly policy which the FCC has now announced in its ruling.

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American Civil Liberties Union-News Published monthly at 216 Pine Street, San Fran- cisco, 4, Calif., by the Northern California Branch of the American Civil Liberties Union. Phone: EXbrook 1816 ERNEST BESIG Editor

Entered as second-cless matter, July 31, 1941, at the ' Post Office at San Francisco, California, Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

joe,

Hunger Striker In | Lassen County Jail

-The A.C.L.U. received notice from Geo. H. Gibson late last month that he had gone on a hunger strike. “At the time of this writing,” he stated, “I am on my 25th day.” Gibson is serving a year in the county jail at Susanville after being convicted last October on charges of possession and transportation of narcotics. The narcotics were in a nurses kit, which belonged to his wife. Gibson has no record as an addict or peddler, and his wife supported his story that the narcotics were left-overs from patients who had gotten them lawfully. The nurses kit, she said, just happened to be in the car when her husband drove to Westwood from Los Angeles to take a job in that area during the hunting season last fall. The judge offered Gibson probation, which he refused, on the ground that he would not accept probation for an offense he had not committed. Gibson claims the district attorney denied him a fair trial by showing a narcotics agent’s report to the Jury during a recess of the court, which report had not been introduced in evidence. In fact, his court-appointed attorney, in making a motion for a new trial, cited that as one of the reasons, but later, when the Union contacted him, he stated he had got ten the story via the ‘“‘grapevine’’, and, after an investigation, decided it was not true. Gibson also claims that the prosecutor denounced him to the jury as a Japanese agent. Notice of appeal was filed, but the record-has not yet gone to the appellate court at Sacramento. Gibson is without funds to hire a lawyer.

Gibson has tried diligently to enlist the help of prominent public officials. As a re- sult of his extensive correspondence and the consequent nuisance he has made of himself, the Sheriff has disciplined him by restricting his mail and keeping him is solitary confinement. Gibson’s response was his reported hunger strike.

Union View Awaits : Trial In Sedition Case

The American Civil Liberties announced last month that while “interested” it will not aid the defense of the thirty alleged pro-Nazis indicted by the District of Columbia grand jury on January 3 under the 1940 peace-time sedition act for seditious conspiracy to create disaffection in the armed forces. The Union said it would reserve “any possible participation until after the trial.”

The indictment will doubtless. supercede the indictment returned a year ago against most of the defendants and which was later held largely void by the District Court. Twelve of the former defendants were dropped and eight added.

In a statement on the case, Roger N. Baldwin, director said, ‘Aside from con- stitutional issues, the only practical question which concerns the defenders of free speech in this latest federal indictment for seditious conspiracy is whether the publi- cations and utterances involve a ‘clear and present danger,’ the Supreme Court’s test of penalizing words. That cannot be proved until trial. The trial may well involve more substantial evidence than publications and opinions.

“The Union of course regrets the use of the peace-time sedition act of 1940, which we opposed in Congress, and have challenged in the Supreme Court as a violation of the free speech guarantee.”

Supreme Court Rules Against Conscientious Objectors

(Continued from Page 1, Col. 2) he disobeyed, must therefore be considered invalid. Our problem is simply whether petitioner can introduce evidence to that effect as a defense to a criminal prosecution for failure to obey the order.

Draft Board Showed Bias

“Common sense and justice dictate that a citizen accused of a crime should have the fullest hearing possible, plus the opportunity to present every possible defense. Only an unenlightened jurisprudence condemns an individual without according him those rights. Such a denial is especially oppressive where a full hearing might disclose that the administrative action underlying the prosecution is the product of excess wartime emotions. Experience demonstrates that in time of war individual liberties cannot always be entrusted safely to uncontrolled administrative discretion. Il-. lustrative of this proposition is the remark attributed to one of the members of peti- tioner’s local board to the effect that “I do not have any damned use for Jehovah’s Witnesses.’ The presumption against foreclosing the defense of illegal and arbitrary administrative action is therefore strong. Only the clearest statutory language or an unmistakable threat to public safety can justify a court in shutting the door to such a defense. Because I am convinced that neither the Selective Training and Service Act of 1940 nor the war effort compels the result reached by the majority of this Court, I am forced to dissent... .

No Interference With War

“The effective prosecution of the war in no way demands that petitioner be denied a full hearing in this case. We are concerned with a speedy and effective mobilization of armed forces. But that mobiliza. zation is neither impeded nor augmented by the availability of judicial review of local board orders in criminal proceedings. In the rare case where the accused person can prove the arbitrary and illegal nature of the administrative action, the induction order should never have been issued and

U. S. Supreme Court Acts : On Two Sedition Appeals

The Supreme Court last month denied an application for review of the case of Mrs. Maud Gordon of Chicago, leader: of the Allah Temple of Islam, who in December, 1942, was convicted under the espionage act for urging members not to register for the draft. She and three other members originally were indicted. Upon conviction two were given prison sentences of two years, a third was placed on probation, and the fourth discharged. Mrs. Gordon was president general of the “Peace Movement of Ethiopia,” organized in 1932, under whose auspices statements were made at meetings which were considered to violate the espionage act.

The court, however, agreed to review an espionage act conviction from Chicago in- volving Elmer Hartzell charged with two others with preparing and distributing mimeographed anti-war circulars. The other two defendants have been released.

FIVE YEAR SENTENCE OF “WITNESS” AFFIRMED FOR NOT SALUTING OFFICER

A. five year sentence imposed upon Wilson E. Vaughn, Jehovah’s Witness, for vio- lating a military order to salute a superior officer, has been affirmed in Washington. Vaughn was inducted in the army by his own error.

The National Committee on Conscientious Objectors urged his release on the ground of his religious views. Failure to get the army to act on the sentence will result in efforts to reduce it on later review.

the armed forces are deprived of no one who should have been inducted. And where the defendant is unable to prove such a defense or where pursuant to this Court’s opinion, he is forbidden even to assert this defense, the prison rather than the Army or Navy is the recipient of his presence. Thus the military strength of this nation gains naught by the denial of judicial review in this instance.

“To say that the availability of such a review would encourage disobedience of in- duction orders, or that denial of a review would have a deterrent effect, is neither demonstrable nor realistic. There is no evidence that petitioner failed to obey the local board order because of a belief that he could secure a judicial reversal of the order and thus escape the duty to defend his country. Those who seek such a review are invariably those whose conscientious or religious scruples would prevent them from reporting for induction regardless of the availability of this defense. And I am not aware that disobedience has multiplied in the Fourth Circuit, where this defense has been allowed. Moreover, English courts under identical circumstances during the last war unhesitatingly provided a full hearing and reviewed orders to report for permanent service. Yet that did not noticeably impede the efficency or speed of England’s mustering of an adequate military force.

Law Should Protect Minorities

“That an individual should languish in prison for five years without being accorded the opportunity of proving that the prosecution was based upon arbitrary and illegal administrative action is not in keeping with the high standards of our judicial system. Especially is this so where neither public necessity nor rule of law or statute leads inexorably to such a harsh result. The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution. I can perceive no other course for the law to take in this case.”

Union Supports “Esquire” Court Contest

The court contest to be brought by the magazine ‘“‘Esquire’’ against an order by the Postmaster General revoking its secondclass mailing privileges will be supported by the Civil Liberties Union as a friend of the court. In making its decision the Union characterized the action of Postmaster General Walker as ‘‘unprecedented” in rever- sing his own hearing board and in basing his revocation not upon the charge of ob- scenity originally brought but on the ground that the magazine is not of a character to continue enjoying second-class privileges.

Hearings were held as required by law on the original charge of publishing obscene material. They attracted national attention through an array of witnesses testifying in regard to colorful material. The three-man hearing board split two to one, the majority recommending that secondclass privileges be continued. The action of the Postmaster General in reversing the board makes the revocation effective February 28, admittedly in order to give time for a court contest.

The Union in offering its services to the publisher, said: ‘The action of the Post- master General is just another indication that no such arbitrary power of censorship should be lodged in the Post Office Department. It shows that if one ground won’t stand up another can be found. Court review is unsatisfactory because it is confined to the narrow question of whether the Postmaster General has abused his wide dis- cretion. The case is another argument for transferring to the exclusive juridiction of the courts the question of barring any matter from the mails.” | .