vol. 11, no. 1

AMERICAN |

CIVIL LIBERTIES.

UNION- NEWS"

FREE SPEECH

FREE PRESS

"Etemal vigilance is the price of liberty." ~

Vol. XI.

SAN FRANCISCO, JANUARY, 1946

{ 2 - No-t

Union Clarifies the Record

In the Case of Gerald Smith

The American Civil Liberties Union of North-

ern California announced last month that the

`Ham 'n' Eggs" group secured free use of the

Commerce High School auditorium in San Fran-

cisco for its Gerald L. K. Smith meeting on

_ December 2, by representing that it intended to

make no admission charge or solicit any con-

tributions. Instead of living up to its agreement,

the Union declared that `dues and contributions

were solicited on three different occasions dur-

ing the course of the meeting." /

These charges were contained in a letter sent

to the San Francisco Board of Education and

signed by Ernest Besig, local director of the

Union. The Union declared that it brought the

facts to the Board's attention in order to clarify

the record, and that in doing so it was not

receding from its position that all groups with-

out distinction are entitled to the use of civic

centers. "We did not know," said the letter,

"that, contrary to the statements appearing in

the application filed by the Payroll Guarantee

Association, and, in apparent violation of the

_ law, dues contributions and subscriptions were to

be solicited at the meeting."

certain circumstances permits free use of a

school auditorium even where admission is

_ eharged or contributions are solicited, but it

would be necessary for applicants to give the

necessary information to a school board. In the

instant case, "Ham 'n' Eggs' had the oppor-

tunity to furnish such information but neverthe-

less stated it did not intend to solicit contri-

butions.

"We do not know," said the letter, `whether

the applicant in the present situation falls within

the terms of the law so that his. organization

may secure free use of a civic center and still

collect dues and contributions. That is a matter

for the board to determine. Moreover, it does

not appear that the Board has. ever fixed rental

rates.

The Union's letter came before the Board of

Education on December 18, at which time the

following resolution was adopted:

"Resolved:. That the Communication from the

American Civil Liberties Union be acknowledged. -

"Further Resolved: That the Administrative

Adviser be instructed to ascertain further evi-

dence of the statements set forth in the com-

munication from the American Civil Liberties

Union, and if it appears that contributions were

solicited, this fact be made known through the

proper channels to other school districts of the

state.

"Further Resolved: That the Administrative

Adviser be and he is hereby instructed to pre-

pare for submission to the Superintendent and

the Board of Education amendments to the pres-

ent rules and regulations of the Board of Edu-

cation in connection with the use of school

buildings under the Civic Center Act in view of

the recent decisions of the Supreme Court in

connection with this subject matter."

To suffer the civil magistrate to intrude his

power into the field of opinion and to restrain the

profession or propagation of religious principles

on supposition of their ill tendency, is a danger-

ous fallacy, which at once destroys all liberty;

because, he being, of course, judge of that tend-

ency will make his opinions the rule of judgment,

and approve or condemn the sentiments of others -

only as a they shall square with or differ from

his own. It is time enough for the rightful pur-

poses of civil government for its officers to inter-

fere when principles break out into overt acts

against peace and good order.-Thomas Jeffer-

son, 1786. ;

letter also pointed out that the law under

Justice

Department Grants "Mitigation

earings' to Tule Lake Renunciants

Following the filing of federal court action on

behalf of a thousand persons of Japanese ances-

try at Tule Lake, who renounced their United

States citizenship under duress, the Justice De-

partment announced last month that it will hold

so-called "mitigation hearings,' in which re-

nunciants will be given an opportunity to show

cause why they should not be deported to Japan.

This is a distinct victory for the renunciants,

because the Justice Department had previously

taken the position that it would grant no admin-

istrative relief in the numerous hardship cases

among the 4500 renunciants.

While the "mitigation hearings" constitute a

concession by the Justice Department, it must

nevertheless be remembered that the Depart-

ment of the Interior, through Under Secretary

Abe Fortas, admitted in writing that eighty

per cent of the renunciants (many of whom are

children), renounced their citizenship as a result

_of "intimidation, threats of violence and actual

violence" and "pressure exerted" upon them by

pro-Japanese pressure groups which the Depart-

ment of Justice knew were engaged in subversive

activities at the `fule Lake Center. In view of

the government's admission, it ought to free the

victims of duress and restore their citizenship.

Apparently, the Justice Department is reluctant

to do this because of pressure from race-baiting

groups on the Pacific Coast, those same preda-

tory forces who were responsible for the mass

evacuation of Pacific Coast Japanese. As a com-

promise, and, no doubt, to salve its own con-

science, it now schedules "mitigation hearings"

to provide relief for hardship cases. These hear-

ings, it must be understood, will not affect the

renunciations of United States citizenship, but

merely the right of the various persons to remain

in this country.

It is expected that the "mitigation hearings"

will commence. early in January. They will be

handled by some 15 or 20 experienced hearing

officers of the Immigration Service. The renun-

ciants will not be permitted counsel, although a

"best friend" may sit in on each hearing. More-

over, there is no right to subpoena witnesses.

No "mitigation hearings" are scheduled to be

given to any person who has heretofore been

given a hearing at Tule Lake and thereafter

was removed to Bismarck or Sante Fe intern-

ment centers as a so-called `trouble-maker."

In the meantime, thousands of Japanese who

still want to go to Japan have been given the -

opportunity to do so. As a result, Tule Lake,

Bismarck and Santa Fe have been freed of many

pro-Japanese zealots who compelled others -to

renounce their United States citizenship. At

Bismarck, for example, many of the renunciants

did not feel free to challenge the government's

renunciation program until these zealots headed

for Japan on December 24. While no suits have

been filed on behalf of the Bismarck and Santa.

Fe renunciants, attorney Wayne M. Collins of

San Francisco, counsel for the Tule Lake re--

nunciants who filed suit, has been assured by

the Justice Department that there will be no

forced removals pending a court decision in the

Tule Lake cases. ee ae

aN

FREE AsosEMBLAGE

Insofar as the "mitigation hearings" are con-

cerned, the Justice Department has stated that _

a renunciant who can prove he was the victim -

of duress at the time of renunciation will be

freed from detention. A renunciant who can

establish that he has a relative in the first degree

(parent or child, husband or wife, and probably

brother or sister) dependent upon him for sup-

port and maintenance will be given .considera- -

tion and probably released from detention. Such -

a relative, however, must be either (1) a person

serving or having served in the armed forces;

(2) a citizen residing in this country; and (3)

an alien who has been permitted to relocate in

this country. These types of cases the Depart-

ment of Justice views as special hardship cases

which merit consideration for release from de- -

tention. No special consideration is being given

to the cases of children 18 to 21 years of age

at the time of renunciation. :

While the habeas corpus proceeding is sched-

uled for a hearing before District Judge St. Sure (c)

in San Francisco on January 10, it is expected -

the case will be continued to some later date to

-await the outcome of the "mitigation hearings."

PRINCIPLES AND POLICIES

OF CIVIL LIBERTIES UNION

The Union stands on the general principle that

all public issues should be freely debated without

interference. The right to hear as well as to

speak is a necessary function of democracy. Or-

derly progress can be promoted only by fearless

freedom of opinion: Restraints on mere expres-

sion not associated with overt acts against the

government or the public peace undermine polit-

ical democracy. The historic American position

on civil liberty which the Union accepts was stat-

ed plainly by Thomas Jefferson:

"It is time enough for the rightful purposes of

civil government for its officers to interfere

when principles break out into overt acts against

peace and good order."'

The decisions of the United States Supreme

Court in one case after another in recent years

have firmly established in law the interpretations

of the Bill of Rights which the Union supports.

Many of the cases were presented to the Court

through the Union.

High Court Urged to Outlaw

Jim Crow Travel Laws

Traditional Southern laws providing separate

accommodations for Negro passengers on trains

and buses will be challenged before the U. S.

Supreme Court in an appeal by Irene Morgan, :

scheduled for hearing early this year. It will be

the first time in more than 50 years that the

high court will be called to pass directly upon

the legality of Jim Crow laws as applied to

interstate travel. The American Civil Liberties .

Union will support Miss Morgan's appeal with

a brief as friend of the court, and other organi-

zations are expected to join. 0x00B0

Irene Morgan was convicted and fined $10 in

October 1944 after she had refused to move to ~

the segregated seats of a Greyhound bus while

traveling from Closter county, Virginia, to Balti-

more, Maryland. Her conviction was appealed

to the Virginia Supreme Court on the ground -

that the segregation law is an unconstitutional .

interference with freedom of commerce. The

court upheld the conviction last June. The U.S.

Supreme Court on November 19 accepted the

case for hearing. :

The Supreme Court will be urged to reverse

its traditional position in racial discrimination -

cases that segregation is legal provided equal

accommodations are furnished.

Page 2

" ACLU Conference Adopts

Program of Action (c)

A program for "all citizens interested in ad-

vancing American liberty" adopted at the 25th

-Annual Conference of the American Civil Liber-

ties Union in New York City, marked out nine is-

sues as requiring "immediate action." They in-

cluded support of federal legislation: (1) to cre-

ate a permanent Fair Employment Practices

Committee; (2) to abolish the poll tax in federal

elections; (3) to exempt Filipinos, East Indians,

~ and Koreans from the oriental exclusion act; (4)

to let Puerto Rico choose between independence

and statehood; and (5) to transfer mail censor-

ship from the Post Office Department to the

courts.

Other issues requiring immediate action out-

side Congress were: amnesty for several thous-

and genuine conscientious objectors now In pris-

on; a court challenge of the forced renunciation

of citizenship of hundreds of Americans of Japan-

ese ancestry; an attack in law and in the courts

against racial discrimination in housing; and

emergency provisions to prevent the forced de-

portation of war-time refugees now in the United

States.

In addition to immediate issues the program

outlined six issues requiring "long range efforts."

These are: development of world-wide freedom of

press, radio and movies; abolition of all forms of

racial segregation in law; abolition of restrictive

monopolies in press, radio and motion pictures;

democratic civilian control of American colonial

islands; encouragement by law and otherwise of

democracy in trade unions; and protection of pub-

lic schools against encroachments by organized

religious groups.

Release of German Films

Thrashed Out In Washington

Fate of over five hundred German motion pic-

ture films held by the Alien Property Custodian

in Washington was thrashed out at a recent meet-

ing of a special committee convoked at the Cus-

todian's request in Washington. Representatives

of the American Civil Liberties Union advocating

release of the films for public sale, Congresswo-

man Helen Gahagan Douglas and other advocates

~ of suppression, and a representative of the film

industry met in an all-day session. No conclu-

sion was reached.

Former U. S. Judge Thurman Arnold, former

college president Alexander Meiklejohn, and

Washington attorney Edmund Campbell, repre-

senting the ACLU, pointed out that many of the

films were pre-Hitler and devoid of Nazi influ-

ence, that none of them would ever play more

- than five or six theaters, and that in any case

| there was no governmental authority for censor-

ship by the Alien Property Custodian on any

ground. They advocated that the films be re-

leased.

Advocates of suppression in addition to Rep.

Douglas were: Robert Lamb, CIO legislative re-

presentative; Rep. Ellis Patterson of California.

They maintained that the films constituted dan-

gerous pro-German propaganda which would be

`injurious to the American public. A representa-

tive of the films industry was also present at the

"meeting.

The ACLU has announced that it will bring

a court case to test the withdrawal of the films

_ in event of an unfavorable decision. It holds that

the American public is entitled to pass on propa-

ganda for itself. The ACLU had previously

pointed out to the Alien Property Custodian,

Francis J. MacNamara that more than a hundred

of the films were produced in Germany before

Hitler, that another hundred were produced in

Austria before it was overrun by the Nazis, and

that a large number of the pictures were written,

acted, and produced by anti-Nazis now resident

in the United States. It was also pointed out that

all the pre-Nazi pictures were passed by the cen-

sors of New York state and by the U. S. Army

Signal Corps. :

EQUAL RIGHTS AMENDMENT TO FEDERAL

CONSTITUTION OPPOSED IN SENATE

Opposition to the constitutional amendment

providing equal rights for women throughout

the United States was expressed by an American

Civil Liberties Union representative, Mrs. Irene

EK, Silvey, at a recent hearing before a Senate

subcommittee of the Judiciary. The Union has

joined the A. F. of L., CIO, League of Women

Voters and other national organizations opposed

to the effort to equalize women's rights by con-

stitutional amendment on the ground that it

would jeopardize existing protective legislation

and fail to accomplish its objectives. The Union

favors specific legislation, federal and state, to

equalize rights.

AMERICAN CIVIL LIBERTIES UNION-NEWS

25th Anniversary Celebration

President Truman and Governor Dewey

Congratulate the

The following messages were received from

President Harry S. Truman and Gov. Thomas

E. Dewey at the recent one-day working con-

ference held by the A.C.L.U. in New York City,

marking the 25th anniversary of the organi-

zation:

PRESIDENT TRUMAN: "The Union is most

publicized for its protection of minority groups

but I know that your over-all objective is that

inherent constitutional privileges be granted to

every person, citizen or alien, with no thought

of race, color or creed. I know, too, that you

fight for the rights of majorities threatened by

illegal monopoly and repression. I believe with

your members that whatever a man's political

thinking, whatever his background, environment

or education, he must, if he be a real American,

respect the aims of organizations such as yours.

The integrity of the American Civil Liberties

Union and of its workers in the field has never

been, and, I feel, never will be questioned.

Officers, directors and members of the Union

have performed outstanding service to the cause

of true freedom."

GOVERNOR DEWEY: "It is a matter of

just pride to the citizens of New York State

OPPOSITION TO HOBBS

ANTI-LABOR BILL VOICED

- of Catholics, Protestants and Jews. On the racial |

Opposition to the Hobbs bill to extend federal

anti-racketeering legislation to trade unions was

voiced by the American Civil Liberties Union in

a letter to House Speaker Sam, Rayburn on De-

cember 10. The ACLU told Rep. Rayburn that it

opposed the Hobbs bill "`as it believes it is intend-

ed to and will restrict labor organizations in the

lawful pursuit of their legitimate functions."

If the bill is nevertheless passed, the ACLU

urged three amendments to provide safeguards

for legitimate union activities.

the bill be amended to specifically exempt union

activities under the Wagner Act and under the

Norris-LaGuardia Act so as to protect labor's

rights to strike and picket; (2) that the penal-

ties of 20 years imprisonment and $10,000 fine

be revised downwards so as to make them "simi-

lar to those provided in anti-trust legislation',

and (3) that a section of the bill making it a

crime to "conspire" to violate its provisions be

eliminated as superfluous and "dangerous to the

rights of innocent union members." The bill

passed the House without the suggested amend-

ments' on December 12 and now goes to the Sen-

ate Labor and Education Committee.

Free Speech For NYC Firemen

Supported In State's Highest Court

New York City firemen should not be reduced

to "dumb automatons" by regulations preventing

them from discussing their working conditions in

public, according to a brief filed in the New York

Court of Appeals in Albany by the New York City

Committee of the American Civil Liberties Un-

ion. The brief supports a suit by President John

P. Crane and other officials of the Uniformed

Firemen's Association of New York City to have

a "gag rule" issued by Fire Commissioner Pat-

rick Walsh in May 1944 revoked.

According to the Union brief the "gag rule"

was issued in the middle of a public dispute be-

tween the Commissioner and the Association over

firemen's wages and hours, and prohibited Asso-

ciation officials from making "any further state-

ments of any kind, either for publication or oth-

er wise." The Court of Appeals, New York's

highest court, is asked to throw out this rule as

"violating the free speech guarantees of the Fed-

eral Constitution, and New York's Civil Rights

Laws." : J

Pointing out that a worker who becomes `a

fireman properly loses the right to bargain col-

lectively and to strike, the Union brief concludes

that "none of this is to say that he becomes a

dumb automaton of a second-class citizen who

loses his right of free expression concerning his

working conditions." The brief was signed for

the Civil Liberties Union by Zarah Williamson

and Osmond K. Fraenkel, both New York attor-

neys.

The firemen's suit reached the Court of Ap-

peals after the Appellate Division in New York

City recently upheld the local Supreme Court in

refusing to hear the suit on the ground that no

cause of action was shown. - :

It urged "that |

XM

that the American Civil Liberties Union was

incorporated under the laws of the Empire State

on whose soil so many hotly contested struggles.

for the liberty and dignity of the individual were

fought and won, struggles not only on the battle-

field but in the courts and other arenas of the

unending contest for freedom. Of the quarter

century of your existence you have established

an enviable record.. You have established, also,

beyond all possible doubt, proof that the Amer-

ican Civil Liberties Union is an essential part

of American life. It is essential not merely to

the individuals whom you have helped against

injustice, but to the self-respect of the com-

munity and of all citizens who appreciate our

priceless heritage of personal, political and

religious liberty and regard for the dignity of

the individual. It has been inspiring to observe

that the American Civil Liberties Union has

stood unwavering on the principle of defending

everybody's rights without distinction. It has

championed the rights of unions and of em-

ployers, of union workers and non-union workers,

front it has stood firmly for the liberty of every

racial minority." -

Amendments To Smith-

Connally Repealer Opposed

A bill to repeal the war-time Smith-Connally

anti-strike act with amendments to impose pen-

alties on labor unions for strike actions and to

`prohibit political contributions by them was op-

posed by the American Civil Liberties Union in

a letter to Speaker Rayburn last month. In a

five page memorandum the ACLU said it favored

repeal of the Smith-Connally Act as "ill-conceived

legislation intended largely to curtail labor's

rights", but objected to the inclusion of new leg-

islation curtailing labor's rights. :

_ The ACLU took "sharp exception" to the way

the bill had been reported to the House, where it

had been referred to the Committee on Military

Affairs instead of the Committee on Labor,

testing that it had been reported "without fair

and democratic chance" for opponents to appear.

A provision in the bill forbidding unions to

make political contributions was scored as dis-

criminatory and "indefensible from the point of

view of civil liberty," since `the making of finan- -

cial contributions is one extremely important

way of participating effectively in the political

life of the nation. The most appropriate way of

assuring such right of participation to a work-

ingman is to permit his union to contribute for

him." The ACLU held that it would be just ``to

provide for contributions only after a majority

vote with right of withdrawal for the minority,

but certainly the absolute denial of the right of

common contribution is discriminatory and hos-

tile to workingmen's political rights."

The fact that corporations are now forbidden

to make such contributions is "irrelevant", the

ACLU said since they are private, profit enter-

prises. It was pointed out that business associa-

tions such as the National Association of Manu-

facturers and Chambers of Commerce are ex-

empt from the provisions of the act. `No sound

reason other than to discriminate against unions

appears to support this exemption", the Union ~ :

said.

The bill failed to get House consideration by a

200 to 182 vote on December 12, and goes over

for later action.

Reopening of Mails to Germany and

Japan Requested of State Dept.

The ACLU has urged the Secretary of State

to effect arrangements for the reopening of

mails to Germany and Japan in order to give

American citizens contact with relatives and

friends. The Union's action follows a corres-

pondence with the Postmaster General which

indicated that political objections stand in the

way, rather than the mechanical difficulties of

reestablishing internal communications, as orig-

inally reported. :

Thirty-five U. S. Senators recently petitioned

the President to reopen mail service to Germany

as a means of affording private relief by parcel

post.

pro-

nn el

-_

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3 .

Les Angeles Judge Outlaws

Restrictive Covenants

One of the hottest racial issues in the United

States was put squarely up to the higher courts

by a decision of Los Angeles Superior Court

Judge Thurmond Clark on December 6. Judge

Clark told reporters that his decision on a

petition to bar Negroes from residence in Los_

Angeles Sugar Hill district was carefully worded

to force "any higher court to pass on the con-

stitutionality of all racial restrictive covenants

before reversing the ruling." The judge's ruling

was handed down in a case involving some fifty

_ Los Angeles Negroes, including actresses Mattie

McDaniel and Ethel Waters, who were threat-

ened with eviction under an eight-year-old agree-

ment barring Negroes.

Judge Clark's decision brought the case to a

sudden end just as seven white residents of

Sugar Hill, petitioning to have the restrictive

covenant enforced, were preparing to introduce

evidence. Said the judge: "This court is of the

opinion that it is time members of the Negro

race are accorded without reservations and eva-

sions the full rights guaranteed them under the

14th Amendment of the Constitution. Judges

- have been avoiding the real issue too long.

Certainly there was no discrimination against

the Negro race when it came to calling upon

its members to die on the battlefields in defense |

of this country in the war just ended. The ob-

jections of the defendants to the introduction

of testimony will be sustained."

An appeal to the higher courts seems likely,

since the California Supreme Court has upheld

restrictive covenants. The ACLU will support

. the Negroes on appeal. Attorney Loren Miller,

as

executive committee member of the Southern

California branch of the ACLU, represented

some of the Negroes.

`What To Do About Race Restrictive

Housing Covenants

There would be little point in discussing resi-

dential segregation and its principal instrument,

race restrictive housing covenants, if all we could

~~ gay about them was that, like sin, they are bad.

Nor does it do much good to explain to a man

who is fearful of what will happen to his neigh-

borhood if Negroes enter it that the possible re-

gult is due to a social and economic rather than

racial factors. He fears a certain result, and in

the present situation, that result will probably

follow. He has seen what has happened to other

areas taken over by colored tenants; he is easily

convinced that the entrance of even one colored

family will bring in many more and that the

neighborhood will deteriorate. Even if he is a

low-income person, living in a congested slum,

he has at least a psychological stake in maintain-

ing his neighborhood for white occupancy. What

is needed, therefore, is the kind of planning which

will guard against the results he fears.

Such planning is possible. It will require (a)

an attack upon race restrictive covenants, (b) the

development of certain neighborhood controls,

and (c) the creation of more housing and more

space available to minorities. In order to ac-

complish these objectives, there must be action

on several fronts, involving the courts, the leg-

islatures, the media of publicity, and direct eco-

nomic action. (From "Hemmed In", published

by American Council on Race Relations.)

=

HAWAIIAN MARTIAL LAW CASE ARGUED

IN THE U. S. SUPREME COURT

Argument on two appeals against convictions

under martial law in Hawaii during the war,

originally scheduled for November 13, was heard

by the U. S. Supreme Court on December 7. Os-

mond K. Fraenkel, New York attorney appear-

ing as a friend of the court for the American Civ-

il Liberties Union urged that the convictions be

thrown out on the ground that the military has

no right to try civilians while the civil courts are

open and functioning. Garner Anthony, former

Hawaiian Attorney General, argued for one of

the appellants. C. Nils Tavares, Attorney Gen-

eral of Hawaii, also appeared as a friend of the

court to oppose the military trials.

The case reached the Supreme Court on ap-

peals for writs of habeas corpus freeing Lloyd

C. Duncan; convicted of assault on a soldier, and

Harry E. White, convicted of embezzlement. The

writs were originally granted by the Federal Dis-

trict Court in Hawaii, which. was later reversed

by unanimous decision of the Circuit Court of

Appeals in San Francisco. The Civil Liberties

Union holds the issue in this case is the "suprem-

-acy of the civil over the military power, a tradi-

tional American doctrine."

Memorandum on Bills to Abolish House

Un-American Activities Committee

There is now pending in the House of Repre-

sentatives H. Res. 58, introduced on January 6,

1945, by Representative Hook of Michigan, a

bill to abolish the permanent Committee on Un-

American Activities established by the House of

Representatives in January, 1945. H. Res. 58

is now buried in the Rules Committee. Conse-

quently, there has been introduced H. Res. 376

by Representative Patterson of California to

bring Mr. Hook's resolution to the floor.

There is also before the House another bill

introduced by Representative Hook, H. R. 1834,

aimed at the Committee on Un-American Activi-

ties, which establishes legislative investigating

committee procedure. This bill, too, is pending

before the Committee on Rules.

1. Purposes of the Committee

Shortly after the convening of the 79th Con-

gress, Representative John E. Rankin of Missis-

sippi introduced a bill to establish a permanent

Committee on Un-American Activities, the old

committee under former Representative Martin

Dies having expired at the close of the previous

Congress. The purposes of the present committee

are similar to the Dies Committee, which was

intended to investigate all forms of `subversive'

activity. By assertion of one of its own mem-

bers, the new committee "is the most powerful

in Congress." He notes that it can sit at any

time, at any place in the United States, and

has the perpetual power of subpoena and can

require records to be produced. It can bring in

original legislation or hold hearings on bills

introduced in the House. It can introduce bills of

impeachment, and is authorized to maintain a

permanent staff of investigators and researchers

with unlimited rights to travel.

2. Nature of the work

By any standards the definition of "un-Amer-

ican" or "subversive" activities is vague and

controversial, The history of the Dies Committee

makes it clear that its meaning depends upon

the personal prejudices and political beliefs of

each individual. There has not as yet been any

general agreement on what subjects the term:

covers. Unpopular beliefs and minorities are

often associated with these terms. Certainly the

criterion of previous investigating committees of

a similar character seemed to be that persons

and groups calling for a change of the status

quo were considered "un-American" or "sub-

versive." Even challenges to the private enter- -

prise system were considered dangerous and to.

fall within the category.

Consequently any investigation into such a

broad and ill-defined field inevitably becomes a

fishing expedition into the beliefs of minority

and unpopular groups. Only hysteria and fear,

both injurious to our democratic liberties, will -

be the result. Unless some more explicit man-

date is given to investigating such a contro-

versial field, it is dangerous to leave such broad

powers in the hands of a standing committee.

A special committee with a clear mandate is

within the proper field of Congressional inquiry.

3. Actions of the Present Committee

While the American Civil Liberties Union is

opposed in principle to a standing investigating

committee with so loose an object, many of the

evils already evident could be avoided if the

committee refrained from persistent attacks upon

progressive forces as un-American. While com-

mendable efforts have been made by some com-

mittee members to improve its procedure over -

that of the old Dies Committee, nevertheless its

record already gives rise to apprehensions that.

it will function on no different a basis. Its recent

action calling for the scripts of certain radio

commentators and making inquiries into the

politics of groups in the Hollywood motion pic-

ture industry is indefensible by any reasonable "

interpretation of un-American. There are no

indications that the `committee intends to hold

fair hearings or to refrain from trying persons

and issues in the press. :

4, Recognizing the value to our democracy of

Congressional inquiries, we might hesitate to

support the abolition of any committee. But the

threats to our liberties already evidenced in the

short life of this committee force the conclusion

that the committee should be abolished as a

standing committee of the House.

5. If the committee should nevertheless be

continued, the least that Congress can do is to

pass H. R. 1834, which should to a large extent . -

curtail the fishing expeditions which this com- (c)

mittee is making. The Union, therefore, supports

both H. Res. 58 to abolish the committee and the -

bill establishing procedure for legislative investi-

gating committees. :

BOOK NOTES

The Dies Committee. August Raymond: Ogden.

Catholic University, 318 pages, $3.00.

Dr. Ogden's study is a factual report of the

day-by-day activity of the committee. It is com-

prehensive. and instructive. The history speaks

for itself and the author has wisely refrained

from persistent editorializing. It must be ad-

mitted, however, that by so doing much of the

real drama of the spectacle, the heat and passion

engendered by the committee, is lost. The book,

therefore, becomes a companion to Professor

William Gellermann's "Martin Dies," a definitely

partisan study. Its chief value for the future is

by way of warning against loose and unfair

methods of legislative inquiry.

One Nation, by Wallace Stegner and the Edi-

tors of Look. Houghton Mifflin Company, Bos-

ton. 340 pp., 340 photographs. $3.75.

A treatment in text and pictures of the prob-

lems of racial minorities in the United States.

It includes sections on Orientals, Mexicans,

American Indians, Negroes, and discrimination

against Catholics and Jews. The text-picture

combination was calculated in part to reach

"those of our fellow-citizens who stand most to

profit from its revelations." The text is informa-

tive and moving, the pictures a powerful addi-

tion; altogether a first-rate job.

"HEMMED IN"

"Hemmed In" is a pamphlet just issued by

the American Council on Race Relations. As the

subtitle indicates, it gives the "ABC's of Race

Restrictive Housing Covenants." Moreover, it

does so clearly and concisely in an attractive

14-page pamphlet that sells for 10c.

There has been a dearth of material for the

layman on the question of restrictive covenants

and "Hemmed In" not only satisfies this long-

felt want, but it is particularly timely because

the issue is presently headed for the California

Supreme Court and eventually the U. S. Supreme

Court. So

The local office of the Amerscan Council on

Race Relations is located at 988 Market Street,

San Francisco.

Urge Maverick Republicans Help

Abolish House Un-American |

Committee

Thirty-nine junior Republican members of

Congress who recently announced their dissatis-

faction with traditional GOP leadership were

urged to support proposals for the abolition of

the House Un-American Activities Committee in

letters from the American Civil Liberties Union

on December 18. The ACLU said it had "noted

your interest in effectuating a non-partisan ap-

proach to important issues confronting Congress.

We believe that in the light of the past history

of the. House Un-American Activities Committee

its continuance would serve no useful purpose." -

The letter, signed by Arthur Garfield Hays, (c)

Union counsel, urged that if the Committee is

continued, the Republicans should support a bill

(H. R, 1834) by Rep. Frank E. Hook (D., Mich-

igan), to establish fair practices for legislative

investigating committees.

State Department Queried on Chinese

Ban on American Correspondent

Refusal of the Chinese government to admit

Edgar Snow, foreign correspondent for the Sat-

urday Evening Post, was protested through Act-

ing Secretary of State Dean Acheson by the

American Civil Liberties Union on December 18.

The Union asked what representations were be-

ing made to the Chinese government, adding

that: "our interest in the freedom of the Amer-

ican public to be informed by their own journal-

ists in any part of the world prompts this

inquiry." (It appears highly doubtful whether

this is a proper issue for the Civil Liberties

Union.-Ed.)

According to press reports the Chinese gov-

ernment refused entrance to Mr. Snow, then in

Manila, who said he wanted to report on activi- (c)

ties of American Marines in China. Mr. Snow

is the author of "Red Star Over China" and

other works on the Far East friendly to the (c)

Chinese Communists.

rH:

_ Page 4

; American Civil Liberties Union-News _

Published monthly at 216 Pine Street, San Francisco, 4,

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 1816

ERNEST BESIG ....... Editor

Entered as second-class matter, July 31, 1941, at the

: Post Office at San Francisco, California,

a under the Act of March 3, 1879.

Subscription Rates-One Dollar a Year.

Ten Cents per Copy. 151-. -

i, : Atom Bomb Bill Condemned

For Limiting Free Speech

The May-Johnson atomic bomb bill contains

`"mprecedented" limitations on the traditional

American right of free speech, the American Ci-

vil Liberties Union told Senator Brien McMahon,

chairman of the Special Committee on Atomic

Energy, in a letter urging that the bill eliminate

government control of scientific research and

communication. Said the Union: "No considera-

tion of public safety justifies so unprecedented a

government monopoly of all scientific research

and communication in a field so much of which

is unrelated to national defense, and apparently

pregnant with great possibilities of usefulness to

mankind."

The Union told Senator McMahon that national

security did not appear to be involved since "the

scientific facts as to atomic energy are matters

of general knowledge and cannot be monopolized

by the government." The argument that all

`forms of atomic energy have military value and

hence should be under government control "could

be applied with equal weight to all other explos-

ives" and does not justify control over research,

experimentation, and communication of scientific

- knowledge in any field including atomics. "Lt the

pill were confined to government control of infor-

mation concerning the processes of manufactur-

ing military weapons it would raise no issue of

civil liberty', the letter concluded.

In releasing the letter the Union said that it

`had investigated the provisions of the May-John-

son bill at the request of the New York City

chapter of the Manhattan District Scientists, or-

ganization of researchers who worked on the

bomb.

Attack OnFree Press by Libel

Suits Peters Out In Texas

An attack on freedom of the press through a

series of libel suits against William Prescott Al-

len, publisher of the Laredo, Texas, TIMES will

probably peter out after a recent decision of the

Criminal Appeals Court in Houston, Texas, ac-

cording to the American Civil Liberties Union.

The court reaffirmed its own earlier decision re-

versing on technical grounds a criminal libel con-

viction against Allen for criticizing Laredo Rot-

ary Club members for "hounding" debtors in the

armed forces. A series of civil libel actions

against Allen by Rotary Club members were set-

tled out of court recently.

The case reached the Criminal Appeals Court

the second time on rehearing motions by Allen

oS asking that the charges against him be dismiss-

ed, and by the State asking that his conviction

and sentence of six months in a lower court be

affirmed. The court refused to do either, but

reaffirmed a decision of last June that the jury

was improperly charged at the original trial. The

Civil Liberties Union, whose Texas representa-

tive, attorney Gerald Weatherly of Corpus Chris-

ti, aided Allen in his legal battle, said that it

"seemed improbable that a new trial would be

started in the lower court. The Union originally

entered the Allen case because it saw an "attack

: on freedom of the press through a conspiracy to

4

force him out of business."

CIRCUIT COURT WILL HEAR C. 0. CASES

Sitting en banc (seven, instead of the custom-

ary three judges), the Ninth Circuit Court of Ap- |

peals, on January 11, will hear arguments in the

appeals of two conscientious objectors-Herman

Berman, Socialist, and Raymond Yost, Jehovah's

witness, both of Southern California, who were

denied the classification of objector and minister

respectively by their local draft boards.

RESTRICTIONS ON ENEMY ALIENS LIFTED

The only remaining restrictions on German and

Japanese enemy aliens in the United States, those

requiring permits for travel, were lifted on De-

: - cember 12, according to an announcement by At-

torney General Tom C. Clark. He also announc-

ed that cameras, radios, weapons and other art-

icles seized during the war will be returned.

4

euro

AMERICAN CIVIL LIBERTIES UNION-NEWS

Trum a Nn

risoned `

President Truman last month was urged to

grant amnesty to more 3000 conscientious ob-

jectors now in federal prisons by a group of pro-

minent Americans, none of them pacifists.

President was told that "the number of men now

in prison is seven times the number in World

War I and reflects the inadequacies of our pro-

visions for conscientious objectors." Pending

amnesty it was urged that parole conditions be

revised "to give them at least the same considera-

tion as ordinary offenders."

Among the signers of the letter to the Presi-

dent were: former Secretary of the Interior Ray

Lyman Wilbur, Chancellor of Stanford Univer-

sity; President Daniel Marsh of Boston Univer-

sity; Roman Catholic Bishop Edwin V. O'Hara,

Kansas City; former Ambassador to Britain

John W. Davis, New York; William W. Way-

mack, editor of the Des Moines Register and Tri-

bune; Protestant Episcopal Bishop William Scar-

lett, Kansas City; William Draper Lawis, direct-

or of the American Law Institute, Philadelphia;

Frank Aydelotte, director of the Institute for

Advanced Study, Princeton University; Charles

C. Morrison, editor of the Christian Century, Chi-

cago; attorney Charles C. Burlingham, former

President of the New York Board of Education;

Lewis O. Hartmann, Methodist Bishop, Boston;

and author Pierre Van Paason, New York.

The signers also urged that court martial sent-

ences given conscientious objectors in the army

be reviewed by the War Department with a view

to "prompt release', and that 6000 objectors now

irged

Tne:

To Amnesty -

7

serving in camps and hospitals be granted re-

lease on a basis of equality with the armed forc-,

es. The letter to the President concludes: `None

of us who signed this letter is a pacifist. We

supported the government loyally in the war, and

in so doing supported American democracy which

recognizes the claims of conscience and fair treat

ment for this small minority."

The letter says that "many of the men in pris-

on are serving sentences up to five years, which

will not expire for a long time to come. The

same is true of men convicted in military courts.

_ Of the prisoners, over three-fourths are members

of the Jehovah's Witnesses, who insisted upon

recognition as ministers, and denied that, pre-

ferred prisons to accepting any alternative. The.

government was unable to find any basis of ac-

commodation between their concept of consci-

ence and the law. There are many others in pri-

son through errors of procedure and many men,

doubtless sincere, who failed to gain recognition

because they did not come within the narrow in-.

terpretation of conscience (in the Selective Ser-

ae Act) based upon "religious training and be-

ief."?

The signers also said they assumed that "now

`or at an appropriate time later the government

will restore civil rights to all such conscientious

objectors, as it did some years after World War

I." The letter was initiated by the National Com-

mittee on Conscientious Objectors of the Ameri-

can Civil Liberties Union. It was also approved

by personnel of the Army and Navy with com-

bat records. :

CITIZENSHIP FOR

PACIFISTS TO BE URGED

"rhe U. S. Supreme Court will be urged to

grant pacifists protection in a case which the

court on December 10 agreed to hear. The Am-

-erican Civil Liberties Union will urge that con-

stitutional protection as friend of the court in

the appeal of James Girouard, Canadian Sev-.

enth Day Adventist who was refused citizenship

by the Circuit Court of Appeals in Boston last

year. Girouard was turned down after he said

he was willing to accept non-combatant service in

the army, but would not bear arms. Former U.

S. Attorney General Homer Cummings is repre-

senting Girouard.

The Supreme Court has never recognized re-

ligious pacifism as entitled to constitutional pro-

tection under the First Amendment. Special pro-

visions for pacifists in war-time have been made

by special act of Congress without .reference to

the constitution. Fifteen years ago the Supreme

Court, by a 5 to 4 vote, refused to admit alien

pacifists to citizenship, and this year held that a

pacifist could be barred from the practice of law.

The Civil Liberties Union will argue on the Gir-

ouard appeal that pacifism is a religious belief en-

titled to constitutional protection against dis-

crimination.

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Wrong opinions should be met only in fair dis-

cussion. To put them down by force or terrorism

or by special legislation is a policy more danger-

ous than any expression of opinion can be. Let

crime be served as crime deserves, but let no

freedom of utterance be treated as crime. The

suppression of opinion, honest or otherwise, has _

been one of the most humiliating episodes in the _ =

history of Britain and America alike. If those

with whom I disagree are not free to speak, then -

I too am muzzled.-David Starr Jordan.

If all mankind minus one were of one opinion,

and only one person of contrary opinion, man-

kind would be no more justified in silencing that

one person than he, if he had the power, would (c)

be, justified in silencing mankind.-John Stuart _

ill.

Executive Committee

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

Vice-Chairman

Joseph S. Thompson

Secretary-Treasurer

Ernest Besig

Director

Philip Adams

John H. Brill

H. C. Carrasco

Wayne M. Collins

James J. Cronin, Jr.

Rev. Oscar F. Green

_ Morris M. Grupp

Margaret C. Hayes

Prof. Ernest B. Hilgard

Ruth Kingman

Ralph N. Kleps

Dr, Edgar A. Lowther

Mirs. Bruce Porter

Clarence E. Rust

Rabbi Irving F. Reichert

Dr. Howard Thurman

Kathleen Drew Tolman