Open forum, vol. 13, no. 44 (October, 1936)

THE `OPEN FORUM

Free Speech - Free Press - Free Assemblage

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.-Milton

Vol. XIII.

LOS ANGELES, CALIFORNIA, OCTOBER 31, 1936 No. 44

---- eS

BULLETIN

Esco Richardson, Communist candidate

M. Bowles, manager of radio station KXO

at El Centro, for another speaking en-

gagement Friday evening, Oct. 30. The

request was granted at first when Bowles

was convinced that the Federal Radio

Communications Act made it imperative.

But later he cancelled the arrangement,

due probably to pressure brought to bear

upon him by the lawless element in the

Valley.

As we go to press Attorney Gallagher is

about to ask the court to issue a manda-

tory injunction against Bowles, compelling

him to grant Richardson the right to broad-

cast, in compliance with the law which

provides that if one candidate for a public

ofice is permitted to use a radio station

all other candidates for the same Office

shall be given equal opportunity to broad-

cast over that station. .

Fascism flared up afresh in the Imperial

Valley last week Friday night when a mob

of several hundred men viciously attacked

Esco Richardson, candidate for Congress,

ad Mrs. Bessie Keckler, candidate for the

Yate Assembly, both running on the Com-

iuniss ticket; They attempted to

__ broadcast over Station KXO at El Centro.

Exactly what happened is best told by an

eye-witness of the outrage:

"After reading screaming headlines in ~

the El Centro Morning Post of the radio

talk to be given by Esco Richardson and

Bessie Keckler, out of curiosity I went

to the offices of Station KXO at 7th and

Main streets, about twenty minutes before

the broadcast was scheduled to begin.

Richardson and Mrs. Keckler were inside

the broadcasting office and everything was

quietoutside, with a half dozen men stand-

ng across the street.

Promptly at seven o'clock the street

swarmed with about 250 men who ap-

Deared suddenly from adjacent stores and

garages. They crowded around the sta-

tion entrance. I heard shouts: `Let's get

him out!' `Let's cut the wires!' A num-

io went in and out of the station several

Imes, but the door to the studio was locked

ae several efforts to break down the door

ailed. The lights in the studio went on

and off several times and finally remained

a A medium-sized sedan was parked

cy in front of the station, with both

ro open. Members ofthe crowd kept

bee back to the occupant of the car,

0 seemed to be the leader. (The car

tense number was taken down.)

: About 7:30 Richardson appeared at the

ae of the radio station. Men all around

i Were hitting him and Richardson had

oe. over his face for protection. A

the y blow knocked him to the floor. The

"apes `He's coming now!' and

i ed into the studio hallway. Richard-

ced his feet and was floored

ce He was on his feet in a moment,

i. ee knocked. down the third time.

fit ime he did not move for over two

Sock ee Members of the crowd yelled:

"ps "oie and `Smash his face!'

aie ardson got to his feet and started

ca very slowly as though he was

with ch he crowd followed, pelting him

: cos of ice and with rotten eggs.

in ord was so dense I lost sight of him

his Je nu a minute. When I last saw him

is fa eye was bleeding and the side of

Ce was badly swollen. His clothes

Imperial Valley On Rampage Again

were a mess and his shoulders were cov-

ered with eggs.

"T did not see a single policeman during

the entire affair."

The absence of policemen, however, was

not merely accidental. Chief Sterling Os-

walt of the El Centro police station and

Sheriff Robert Ware of Imperial County

had both been apprised of the situation

by many telegrams and letters sent them

well in advance of Friday night. They had

been implored in these communications to

do their sworn duty and afford proper pro-

tection to the broadcast.

More than that, both officers, together

with Chief Cromer of Brawley, had been

summoned to appear in Federal Judge Mc-

Cormick's court in Los Angeles that same

afternoon to give testimony in an injunc-

tion proceeding brought by Attorney Leo

Gallagher of the International Labor De-

fense, who was seeking the aid of the Fed-

eral court in the matter of protecting the

LISTEN IN TO THIS

Attorney John Packard, a member

of the legal staff of the American Civil

Liberties Union, Southern California

Branch, will give this week's broad-

cast over KFVD. He will speak on

"The Salinas Lettuce Strike." Hav-

ing just returned from Salinas where

he investigated the strike, he will be

able to give you some startling infor-

mation concerning it.

Turn to 1000 kilocycles on your dial

Friday, October 30, at 11:00 a.m. and

hear what he has to say.

The following week at the same

hour Director Taft will tell about `Hot

Spots on the Map of the U. S. A."

broadcasters. On the witness stand these

official solemnly swore that they would

protect Richardson and Mrs. Keckler, al-

though they positively disclaimed any

knowledge of the existence of vigilantism

in Imperial Valley in the past or at the!

present time.

For several hours Judge McCormick

heard witnesses put on the stand by Mr.

Gallagher tell about the atrocious things

that had happened to them in Imperial

Valley in recent years. Rev. Alexander Ir-

vine, an aged clergyman, and Attorneys

James Carter and Grover Johnson gave de-

tailed accounts of how viciously they were

handled by vigilantes, and of the practical

co-operation of the constituted authorities

with these vigilantes in the promotion of

lawlessness in the Valley and the suspen-

sion of all constitutional liberties.

The court sharply limited defense evi-

dence intended to prove vigilantism. For

example, the court would not allow Emil

Freed to testify to the fact that in the

spring of 1935, at the California Legisla-

ture, Supervisor H. C. Osborn of Imperial

County stated in an open hearing of the

Assembly Judiciary Committee that the

county of Imperial had found ways of deal-

ing with radicals without bringing them to

court, and that thereafter no radicals

would be prosecuted due to the expense in-

volved , but would be handled extra-judi-

cially by more direct methods. There was

no possible ground upon which this evi-

dence could be legally excluded.

CANDIDATES LEMKE, BROWDER

ANSWER CIVIL RIGHTS QUERIES

Championing the maintenance of demo-

cratic rights, William Lemke, Union Party

candidate, and Earl Browder, Communist

candidate, answered queries on specific is-

sues of civil liberties recently defined for

Presidential and Vice-Presidential candi-

dates by forty-one liberals, in communica-

tions just received by the American Civil

Liberties Union. Norman Thomas, Social-

ist candidate, had previously devoted a

public address at Seattle to the issues, in

which he charged that civil liberties were

declining under the New Deal. Candidates

of the major parties have thus far merely

acknowledged receiving the Union's letter.

On the question of the rights of labor,

both Mr. Browder and Mr. Lemke, whose

reply was written by William Lemke, Jdr.,

`stated that they stood vigorously for

labor's right to freely bargain collectively.

Mr. Lemke was "opposed to any use of gov-

ernmental forces to subdue labor disturb-

ances." Mr. Browder wrote: ``We stand

for federal legislation which will establish

labor's full right to collective bargaining,

which will outlaw the company unions, the

coercion by employers. We demand heavy

penalties and imprisonment for employ-

ers guilty of discharging workers for union

or political activities."

Both the Union Party and Communist

candidates were opposed to measures such

as the "sedition" law and `military dis-

affection' bill, holding they were contrary

to American tradition. Lynching and mob

violence. were likewise condemned. Mr.

Browder demanded equal rights for Ne-

groes and called for the death penalty for

lynchers.

Regarding anti-alien prejudice and the

right of asylum, both candidates held that

aliens should not be denied life, liberty |

or property without due process of law, as

guaranteed in the Constitution.

Compulsory loyalty oaths in schools were

condemned unanimously. Full use of the

radio for all political parties was favored

by the two candidates. Mr. Lemke re-

eretted that "the radio is denied to persons

on the `wrong' side of controversial public

issues and that people not financially able

to pay for an extensive broadcast are not

allowed to present their side of important

present day questions."

Supplementing his replies to the specific

issues set forth by the Civil Liberties

Union, the Communist candidate said:

"We support a constitutional amendment

to put an end to the dictatorial and usurped

powers of the Supreme.Court. We de-

mand further that Congress immediately

reassert its constitutional powers to enact

social and labor legislation and curb the

Supreme Court's usurpation. We demand

the abolition of poll taxes and all other

limitations on the right to vote."

The Union Party was the only political

party in the Presidential race which did not

mention civil liberties in its platform.

- | spy and stool pigeon systems and all other

{

It should also be carefully noted that the

court deliberately avoided its- obligation to

restrain the vigilantes, on the apparent

pretext that no vigilantes had been served.

It is not necessary to have personal service

to temporarily restrain a defendant. When

Attorney Gallagher rose to point out that

the court should restrain the vigilantes, the

court threatened him by first refusing to

allow him to speak, and, when Attorney

Gallagher remonstrated that the point had

not been covered, by stating that the point

will now be covered in the decision.

(Continued on Page 3)

OR Ne ee a eee

a

AMERICA - EUROPE - 1936

Observations on Two Continents

By Cuinton J. TAFT

VIL.

On To Russia

It was near midnight when we boarded

our train at Helsingfors for the last lap

of the journey into Russia. We were all

full of anticipation, for Russia (the United

socialist Soviet Republics, or the Soviet

Union, for short, is the name by which the

country has been officially known and

designated on all new maps since 1923)

was our main objective. We were in Hu-

rope especially to see what was going on

in that much-heralded land.

I was awake early the next morning

looking out of the car window. We were

speeding along through the rural section

of eastern Finland. It was scarcely light

yet but I could discern woods on both sides

of the track, with here and there a clear-

ing for a farmhouse. The country was

sparsely settled-only one town of any

size was along our route. About 9:00 we

reached the terminus of the Finnish rail-

road where we got off and had breakfast in

the station-a cup of coffee, some sand-

wiches and little cakes-in catch-as-catch-

can fashion.

Back on the train we scrambled, and a

little later we were actually crossing the

border into the Soviet Union. The border

itself was marked by alittle stream and =

as we sped over the bridge, behold a Red

soldier loomed up on the other side-the

first object that caught my attention as we

entered the domain of the Soviets.

Red Tape

Beloostrov was the name of the Soviet

border town. We had plenty of time to

look it over, for we were there some three

or four hours getting through with the re-

quired inspection of our passports and bag-

gage by the various officials. It is a rather

tedious process being admitted to the

soviet Union and getting out again, as in-

deed it is being admitted into any of the

other European countries. I wish such mat-

ters could be simplified and abbreviated,

or done away with altogether.

One also has to declare the amount of

money and other valuables he has with

him, whether or not he possesses a camera,

and then upon leaving the country he must

make declaration as to the valuables he is

taking out with him. So, naturally he feels

`exasperated over so much red tape. But

we all managed to live through it and

laughed at it later as a humorous part of

our European experiences.

That railroad station at Beloostrov is a

work of art. On the outside walls a loco-

motive is sketched, with an engineer and

other trainmen standing beside it. Thus

we were made to realize that we were in

a land where labor is glorified. Across

from the station is a log building of con-

siderable size used for a general store. The

country itself round about the station

looked the same as did that part of Fin-

land which we had just left. It was wooded

and rather thinly settled.

Leningrad

When finally all the red tape had been

complied with, we got aboard the waiting

`Russian train and were soon entering the

environs of Leningrad. The scene changed

completely. From the quiet of rural life

we were suddenly emerging into one of the

great theaters of urban industry. Factor-

ies with smoking chimneys greeted us on

. either side of the train. Later we learned

that Leningrad was responsible for one-

fourth of the industrial output of the entire

soviet Union.

At the station we were met by a repre-

sentative of Intourist, the bureau that cares

for all travelers in Russia. He conveyed

us to the Hotel Europe in an auto-bus,

where we were given rooms for our stay

in that city. Let me say in passing that

the hotel is an A-Number 1 hostelry, a

block long and located on the October

Blvd., Leningrad's principal thoroughfare.

Four of us men in my party drew a four-

room suite in the hotel-a reception room,

two bedrooms and a good-sized bathroom.

I mention this because some people fancy

that one has to put up with rather poor

accommodations while traveling in Russia.

Nothing of the sort! All the hotels at

which I stayed during my nearly three

weeks in the Soviet Union were fairly good

places-some of them superfine. The

Hotel Europe, I was told, had been used

by the plutocrats during the days of the

Czar. Our dining room was located on the

top floor and afforded us a pleasant outlook

over the city.

Above the roof was a small observation

tower to which I betook myself shortly

after my arrival. It was a never-to-be-

forgotten sight that I obtained from this

vantage point. There before me in all di-

rections was spread out the great city,

former capital of the Czars, and now con-

taining some 3,000,000 souls. "Onion"

towers-five of them on each church-

gleamed in the late afternoon sun and gave

a most picturesque aspect to the scene. The

Neva River and its tributaries, spanned by

400. bridges, flowed down through the very

heart of the city toward the Baltic Sea.

You've got to admit that old Peter the

Great achieved mightily when he founded

Leningrad (called St. Petersburg original-

ly, in his honor, and later Petrograd). De-

termined to have a seaport on the Atlantic

side of Russia, he drove down piles into

the marshy islands at the mouth of the

Neva, poured in trainloads of rocks and

thus obtained a foundation on which to

rear his capital. That was more than 200

years ago, but he built so substantially

(even the river is incased in granite banks)

that nothing but an earthquake or a pro-

longed military siege will ever destroy the

city of Leningrad.

St. Isaac's Cathedral

A few days later I climbed to the top

of St. Isaac's Cathedral and obtained an

even better view of the city. Nothing but

dogged perseverance got me to the top of

that great building. There was no eleva-

tor, and 626 stone steps along a spiral

staircase had to be conquered in order to

reach the top. But the magnificent vista

obtained was well worth the climb. There

I stood, 440 feet above the pavement, atop

of the second largest church in the world.

Only St. Peter's of Rome exceeds it in size

and splendor. For forty years ten thou-

sand serfs slaved to complete that magnifi-

cent edifice, designed by the famous archi-

tect Montferrand. 112 columns of polished

granite, each weighing over 100 tons, sup-

port the mighty roof. The interior is faced

with marble, malachite, porphyry and lapis

lazuli. It is so huge that 12,000 persons

can be accommodated inside its walls. No

longer is it used as a place of worship,

but since the Revolution has become an

anti-religious museum. So St. Isaac's sym-

bolizes both the old Russia and the new.

It gave me something of a thrill as I

looked down into the streets surrounding

the cathedral and remembered that there

were enacted in 1917 the dramatic scenes

of the ``ten days that shook the world." I

stood there meditating in utter silence for

the greater part of an hour-in fact, until

the attendant apprised me that it was time

FOR ONLY $1.00--

You Can Become a Member of the

A.C. L. U. LIBRARY

With the privilege of perpetually borrowing

one or more books from a 400 volume list-in-

cluding some of the latest.

No Other Charge is Made

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Los Angeles

to be going below as the cathedr

be closed for the night.

Beware of Short Cuts ;

When I reached the ground again jt Wag

getting quite dark. I was all alone and

decided that I would attempt a Shorteyt

back to the hotel by means of the sig

streets. As I went along I peered into may

homes and could see that the people es

living in rather restricted quarters,

whole family sometimes in one or tir

rooms.

Yousee, people have rushed into the city

in such great numbers from the agriqy,

tural districts that the housing facilities

are terribly taxed. That was true, I foung

not only of Leningrad but of every othe |

city in the Soviet Union. The governmen

is trying desperately to cope with the sity,

tion. New apartment houses are going wp

everywhere but they have not yet hee

able to catch up with the demands, They

will some day, however, and in the meap.

time the people will have to get along a 9

best they can with a few rooms per family, J

al wast) 9

Demon Drink

I pushed on and on but did not reach

my hotel. At length I admitted to myselt

that I must be lost. The discovery did not

disturb me though, because there were

many pepole on the streets and I was hay.

ing a wonderful time observing them and }

taking in the sights in general.

man just ahead of me staggered off the

sidewalk and fell to the pavement. Pags.

ers-by pulled him to his feet again and

steered him along for a ways, but it looked

doubtful if he would be able to go far

without support. Vodka had gotten the

best ofthim, I concluded. 7

May I hasten to say, however, that I did

not run into much of that sort of thing

while I was in the Soviet Union-not nearly

so much of it as I see here constantly in

Los Angeles. Intoxicants are sold in Rus

sia. For a time early in the new regime

they were prohibited entirely, but the gov-

ernment could not make the scheme work

and so after a while permitted the sale of

liquor again. A determined campain,

however, is being carried on to educate the

people as to the evils of drink. For exan-

ple, at one of the principal streetcornes

in Leningrad where thousands wait daily

for busses and tramcars, I saw a billboard

with a series of cartoons upon it, strikingly

setting forth the effects of imbibing too

freely in strong liquor. One could see de

picted there by that series of pictures how

surely his own usefulness would be crip

pled and the safety of his neighbors im

periled if he allowed himself to indulge

drink. Surely he who ran might read les

sons of this sort.

Well, finally I stopped and decided that

I could not unaided find my way back 1

the Hotel Europe, so I hailed an intell-

gent-looking young fellow who was passille

and found to my relief that he understoot

enough English to direct me to my desired

destination. I followed his directions i

plicitly and was soon back on the Octt

ber Blvd. and inside my room at the

Europe.

(Continued Next Week.)

ma eee peeneiorreneenennninenniereens el

JOIN THE A. C. L. U.

Many of you who read this pape

must find yourselves in accord wit

the work which the American Civil

Liberties Union is doing to protect out

fundamental rights of free speec0x2122

press and assemblage. But you have

not yet enrolled as a member of the

Union. Why not doitnow? We need

you badly and will greatly appreciate

your becoming affiliated with our of

ganization. Please fill out the blank

below and send it in immediately. | F

I desire to join the American Civi

Liberties Union, S. Calif. Branch, an0x00B0

send herewith $1.00 to cover my mem0x2122

bership fee.

WARING a a

Street EN A ES RP Re On ee i cenceneneener tl

City BOC a Ga teak ete ee

A drunken yen

re

he P

MN

ep

; Which

- Pondent

} With dj

So many inquiries always come to us

yst before election as to how one should

vote that we are submitting below the

choices of the Los Angeles Municipal '

Teague in the matter of the state ballot

measures. Twenty-three of these measures

confront the voters next Tuesday. It is no

wonder that he is puzzled as to how to

decide on SO many different propositions at

one election.

In our judgment there should be a law

limiting the number of propositions that

can be submitted at any one election to

not more than ten. With even that num-

per, people would have difficulty to prop-

erly analyze each proposition and vote in-

telligently.

The Municipal League has gone into

these measures exhaustively and the opin-

ion which they offer for the guidance of

perplexed voters is therefore well worthy

of their consideration. Their recommen-

dations are as follows:

No. 2-Personal Income Taxes, Re-

CAO ls: sda tients cedars heck ce yest No

No. 8-Liquor Control, State Regu-

PSBIOM oe haa, 5 ein sl taba eee ace No

No. 4-Prohibiting Tideland Sur-

`face Oil Drilling, Author-

71n Slant Orne 0 are No

No. 5-Los Angeles County Expo-

SELtOT (BONG! ire ee es No

No. 6-Amending Los Angeles City

OURO ES Es ee a he es No

No 7-County and Municipal Civil

Relvice! (ii tis a ea tad ey Yes

No. 8-Permanent Registration of

Voters, Repeal.of. ...25...2.2..i.No

No, 9-Intoxicating Liquors, Local

WOR ek na ee Yes

lb, 10-Motor Vehicle Fuel Taxes

and. License..Fees. _2cc..0. sc. Yes

No. 11-Instructors' Tenure, Civil

Service for Teachers .............- Yes

No. 12-Court of Criminal Appeals......No

Mo, 182-Eminent: Domain ... No

No. 14-Consolidated City and Coun-

UM SSO Orn me Gn bo ae Yes

No. 15-Relief to Assessment Dis-

(Hiei ee ee ee No

No. 16-Water Districts and Water

Conservation Districts, Etc.....No

COURT CURBS DETROIT CENSOR

A smashing blow against censorship of

motion pictures by police officials was

. Struck last week by the Michigan Supreme

Court in a far-reaching decision ruling that

Detroit's police censor has no right to bar

`motion picture on grounds of "feeling

`ast foreign political policies or forms

of government." The case involved the

telusal of police last year to permit the

| Cinema Guild of Detroit to show "The

outh of Maxim" on the ground that it

66s e .

Was "immoral and indecent" by dealing

wth Communism.

` yiice ban of the movie was based on a

re i Mance giving the commissioner

he 0 suppress immoral or indecent pic-

against Ry west sor a writ of mandamus

fused. 1 S police commissioner was re-

Sein n reversing the Cirenit Judge, the

mat Court declared: "The petitioner

4 constitutional right to show a film

Dolice 1 ae indecent or immoral. The

Dicture event argues that a motion

Yoad o m may be suppressed on the

fare ieleapale that it is hostile to the wel-

tive hog euro general public. The legisla-

Cdy of the city has granted the re-

Powers of suppression, but has

em. No feeling against foreign

Dolicies or forms of wovernment

tinlo ino, Permitted to establish the prin-

at a Dolice officer may be invested

Qs of Scretion to determine his own pow-

tems of Lees ession or change the plain

1S authority."

limite g

Dolitie ae

shonld b

ssh How To Vote On State Measures

No.. 17-Computing Taxes on Unse-

Cured BrOperty waceae 5. Yes

No. 18-Oleomargarine Tax ................ No

No. 19-Legislative Printing _..... Yes

No. 20-Publicly Owner Museums or

REL Gre eV eRe Mia ie eke No

No. 21-Penal Institutions for Fe-

Oiple Peloue: ga Yes

No. 22-Retail Store License, Chain

LOE LO 260) sie ela eas No

No. 23-Public Service Commission...... No

No. 24-Charters of Cities and Cities

BrCl COUN heS 4 er i Yes

UNION URGES FREE SPEECH ON

MILWAUKEE AUDITORIUM BOARD

Questioning the grounds for recent re-

fusals and restrictions on the use of the

Milwaukee Auditorium for public meet-

ings, the American Civil Liberties Union

has urged the members of the Auditorium

Board to adopt a permanent policy of per-

mitting its use by all minority groups with-

out discrimination. In letters to the board

members signed by Dr. Harry F. Ward,

chairman, and Arthur Garfield Hays, coun-

sel, the Union took the stand that the "only

reasonable grounds for restrictions are

those pertaining to the financial responsi-

bility of applicants and their record in

maintaining order.''

The Audtorium had been refused some

weeks ago for a meeting in behalf of

the Spanish government on the ground

that the United States is neutral. The Un-

ion pointed out that the United States has

taken no such position and maintains full

diplomatic relations with the Spanish gov-

ernment. The neutrality act does not ap-

ply to* civil war, it was stressed.

Milwaukee's Auditorium had also been

denied to the Communist Party for an ad-

dress by its Presidential candidate, and fin-

ally granted with the restriction that no

one else speak.

POLICE BAN MEETING

Labor union rallies to raise funds for a

memorial to Otto Krueger, killed in an

argument with employers in connection

with a United Textile Workers strike at

the Acme Braid Co., Closter, were pre-

vented twice last week by squads of po-

lice and marshals armed with riot sticks.

A petition for a temporary injunction to

restrain police interference filed by Abra-

ham Isserman and Col D. Kapelsohn,

Newark attorneys for the A.C.L.U., was

refused by vice-chancellor Vivian M.

Lewis. A permanent injunction is being

sought.

A meeting devoted to civil rights will be

held under the auspices of the Union at

Closter late this week, with the Rev. Ar-

chey D. Ball of Hackensack, state chair-

man, and other prominent liberals as

speakers. The New Jersey Union will also

co-operate in damage suits against the po-

lice. One suit will be brought for Milton

Rosenberg, organizer for the Textile Work-

ers Union, against Chief of Police Edwin

S. Levy of Norwood, for assault and bat-'

tery, and another for Frank Alexander,

chairman of the strikers' committee on the

same charge against Chief of Police Henry

Parsells and officer John Barnett of Clos-

ter.

A Generous Subscription Offer

In order to increase the circulation and In-

fluence of The Open Forum we are going to

offer to send the paper six weeks on trial for

only ten cents. But in taking advantage of

this offer you must send in at least five names

and addresses, accompanied by fifty cents or

more. Now get busy, friends of civil liberties,

and help us put this little sheet into the hands

of thousands of people who should receive

the message which it carries. Send all lists

- to 624 American Bank Building, Los Angeles.

HAYS APPEALS CONVICTIONS IN

WILKES BARRE DYNAMITING CASE

Following the convictions at Wilkes

Barre, Pa., early this week of Emerson P.

Jennings and Charles Harris for the bomb-

ing of Judge W. A. Valentine's automobile -

last year, Arthur Garfield Hays, repre-

senting the American Civil Liberties Union

as counsel for the defendants, announced

that he would petition for a new trial. As-

serting that the fight had only begun, Mr.

Hays said that if a new trial was refused

there would be appeals to higher courts.

Jennings and Harris, who contended

they were victims of a frameup because of

their activities in local reform movements,

face possible terms of from five to ten

years, with a $1000 fine. Pending dispo-

sition of appeals, Jennings has been re-

leased on $30,000 bail, twice the original

amount.

The dynamiting case arose from the

strike last year of the United Anthracite

Miners of Pennsylvania. A car belonging

to Judge Valentine, who had issued an in-

junction against the striking miners, was

damaged by an explosion on March 28,

1935. Five months later Jennings was

arrested and indicted. Harris, the coun-

ty's chief witness, disappeared just before

Jennings was to come to trial in Novem-

ber. When finally arrested a short time

ago, Harris swore that he had framed Jen-

nings at the instigation of the county de=

tectives.

(Continued from Page 1)

Who is this Judge McCormick? Does

he consider himself vicegerent to God?

What is there so sacred about a Federal

Court that an attorney must constantly be

threatened when he attemps to protect

the fundamental rights of his client?

Any decent person hearing the evidence

given in that courtroom should have been

aroused to anger and indignation at the

violation of human rights by the gangsters

of Imperial Valley. This judge, by his

flagrant defense of these vigilantes, by his

failure to enjoin them, became directly re-

sponsible for the actions of the Imperial

County mob. This mob reecived aid and

comfort from the decision of Judge McCor-

mick; they felt that they had not only the

courts of Imperial County but the Federal

court to endorse their violence, and so they

proceed with a free hand and with police

co-operation again to tear up the Constitu-

tion in Imperial County.

Mr. Richardson and Mrs. Keckler are

again applying to Radio Station KXO at

El Centro for time on the air later this

week. If they succeed in obtaining the

consent of the radio officials to broadcast,

a further attempt will be made by Attorney

Gallagher to obtain an injunction from the

Federal court protecting them in their con-

stitutional right to speak at a radio station

without interference, the same as the can-

didates of the other parties.

e

ANNUAL RALLY AT LONG BEACH

On Saturday evening, November 14, the

American Civil Liberties Union will hold

its annual rally for the Long Beach area.

A 6:30 dinner has been arranged at the

Y. W. C. A. cafeteria, 6th and Pine Ave.,

followed by a program of speaking in the

auditorium.

In addition to the addresses on the civil

liberties situation here on the West Coast,

Director Clinton J. Taft will give a talk

on the subject, "Is Russia Winning or Los-

ing?" narrating many of his experiences

this last summer.

Please reserve the date-November 14

-and be sure to come. Also extend the

notice as widely as possible.

THE OPEN FORUM

Published every Saturday at 624 American Bank

Building, 129 West Second Street

Les Angeles, California, by the Southern California

Branch of The American Civil Liberties Union.

Phone: TUcker 6836

CHmton J. Taft Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz

Doremus Scudder A, L. Wirin

Leo Gallagher Ethelwyn Mills Ernest Besig

John Packard Edwin P. Ryland

Subscription Rates-One Dollar a Year, Five Cents

per Copy. In bundles of ten or more to one address,

Two Cents Mach, if ordered in advanee.

Advertising Rates on Request

Bmtered as second-class matter Dec. 13, 1924, at the

post office of Los Angeles, California, under the

Act of March 3, 1879.

LOS ANGELES, CALIF., OCT. 31, 1936

DR.TAFT'S SPEAKING ENGAGEMENTS

Saturday, October 31, at 2:30 p.m., be-

fore the Women's Commission of the Holly-

wood Anti-Nazi League, in the First Uni-

tarian Church, 2936 W. 8th St.: "The Fas-

cist Forces at Work in Europe Today."

Monday, November 2, 10:30 a. m.,

Methodist Ministers' Meeting, First M. E.

Church, 8th and Hope Streets: "The Fas-

cist Set-up in Europe."

Monday, November 9, 3:00 p.m., before

the Women's Committee of the American

League Against War and Fascism, 7300

Fountain Avenue: "Fascist Forces at

Work in Europe."

Tuesday, November 10, 8:00 `p.m., be-

fore the F.S.U., Boyle Heights: "Impres-

sions of the Soviet Union."

Friday, November 13, at 7:30 p.m., be-

fore the Workers School, Cultural Center,

230 South Spring Street: `Labor and the

Profit Motive in the Soviet Union."

Saturday, November 14, 6:30 p.m., an-

nual rally of the Long Beach area, at the

Y. W. C. A., Sixth and: Pacific Avenue, a

dinner meeting followed by a program at

which I will speak on the question: `"`Is

Russia Winning or Losing ?"'

Tuesday, November 17, 8 p.m., Unity

Hall, 102 S. Commercial St., Inglewood.

"The Fascist Set-up in Europe."

Friday, November 20, at 7:30 p.m., be-

fore the Workers School, Cultural Center

230 South Spring Street: `Ig Russia

Achieving the Good Life."

Monday, Nov. 23, 8 p.m., Youth Forum,

corner Wabash and Alma Streets: The

Fascist Set-up inEurope."

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UNION URGES COURT ACTION

TO LIFT PEACE PARADE BAN

Charging discrimination by the mayor

and city council in `denying permit for

an Armistice Day peace parade at Poca-

tello, Ida., the Amercan Civil Liberties

Union last week came to the defense of

the Pocatello Ministerial Association

sponsoring the parade. In a telegram

signed by Arthur Garfield Hays, counsel,

the Union declared that it would back up

court action enjoining Pocatello police

from interference.

Application for a parade permit by the

Ministerial Association "to present a gen-

eral united front of Christian youth

against war'' under the auspices of the In-

ternational Council of Religious Education

and the Federal Council of Churches has

been refused by Mayor Robert M. Terrell

and the city council. The grounds stated

for the denial were that "Armistice Day

should be reserved for exercises by ex-ser-

vicemen's organizations." Before the

council took action the ministers' applica-

tion for a permit was submitted to the

local post of the American Legion, which

unanimously went on record in opposition.

"The power to grant or refuse permits

for parades," declared Mr. Hays, ``must be

exercised without discrimination if the

democratic right of assemblage and the

`equal protection' clause in the Fourteenth

Amendment are to have meaning."

CIVIL RIGHTS LAW UPHELD

IN PENNSYLVANIA NEGRO CASE

A victory for equal rights for Negroes

was scored by the Allegheny County (Pa.)

Quarter Sessions Court recently when it de-

clared the Pennsylvania civil rights law

passed last year constitutional.

Test of the new law arose when

John Psaras, Pittsburgh restaurant owner,

sought a new trial after being convicted

for refusing to serve a cup of coffee to

Walter Wilson, a Negro. Psaras charged

that the state civil rights law was uncon-

stitutional because it deprived him of his

property without due process of law.

court held that laws under the police pow-

er always interfere to a degree with prop-

erty rights, but are not condemned on that

account `"`unless this interference amounts

to a practical confiscation." In denying

Psaras' contention that the law was un-

constitutional bceause its title was not in-

clusive enough, the court stated that the

title of an act need not be a general index

to the contents but is sufficient if it relates

to one general subject. Psaras' motion for

a new trial was denied; he was given a

suspended sentence and ordered to pay

court costs.

BROWDER'S ATTEMPT TO SPEAK

AT TERRE HAUTE FRUSTRATED

Waging a fight for free speech in Terre

Haute, the American Civil Liberties Union,

in co-operation with the Communist Na-

made ar-

rangements for the return to Terre Haute

of Earl Browder on October 20th in an-

other effort to deliver a public address.

Mayor Sam Beecher and Police Chief

James C. Yates, who prevented Browder

from speaking on September 30th by ar-

resting him on a vagrancy charge, an-

nounced they would continue their ban.

Browder was prevented speaking by a gang

of hoodlum Legionnaires who surrounded

the radio station.

A suit for $50,000 damages against

Terre Haute's mayor and chief of police

has been filed by John H. Kingsbury, In-

dianapolis attorney for the Union, and

David J. Bentall, Browder's attorney, based

on the candidate's arrest.

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The:

_gtrations are being organized at twetl!

- and Tacoma.

CONVICTIONS OF ORGANIZERS [|

AT NEW ORLEANS APPEaipy |

Holding that membreship in a Politica

party is not a crime, the American Civ

Liberties Union, through attorneys Isaae

Heller and Herman Midlo of New Orla,

prepared this week to appeal the conyy,

tions of W. G. Binkley and Clifford Dann,

on the charge of being "dangerous ay

suspicious characters." Prompt action jy

the Union's attorneys brought about an ".

quittal for Eleanore Hoagland, Y. W. cent, A

industrial secretary arrested with Bin,

ley, on a similar charge. Binkley ang

Danna were each fined $25 and sentence;

to twenty-five days in jail.

Miss Hoagland and Binkley, district

ganizer for the Communist Party, were dis.

cussing material gathered on labor gpic

and local repressive measures when police

invaded Binkley's room without a warrant

confiscated books and pamphlets, ant

placed them under arrest. Originally f

charged with being "wanted for the Fed. 0x00A7

eral authorities," Miss Hoagland ani

Binkley were finally held as `"`dangeroys f

and suspicious characters having no visible

means of support.'' While they were be.

ing booked at the police station, Clifford

Danna came to their aid and was prompt.

ly arrested on a similar charge.

OUSTED STUDENT SEEKS AID

, Characterizing the issue as one of stu

dents' legal rights, Arthur Garfield Hays

Civil Liberties Union counsel, has sought

court action to reinstate Robert Burke of

Youngstown, Ohio, dismissed juior clas |

president at Columbia University. Burke |

was virtually expelled last June when le |

was charged with leading an allegedly dis

orderly demonstration against Columbia'

participation in the anniversary celeb (

tion of Heidelburg University in Germay.

The demonstration occurred in front if

President Nicholas Murray Butler`s home

The University authorities have refused t0

reconsider their action. |

The campaign for Burke's reinstatemet!

led by the American Student Union, ha

resulted in mass picketing of Presidatl

Butler's office. Simultaneous mass demo

leading American colleges. A pamphlet |

on the case has been published by tht

American Student Union, and endorsed })

the Civil Liberties Union.

"IT CAN'T HAPPEN HERE" PREMIER

Los Angeles is one of four leading citie J

on the west coast to premiere "It Cat!

Happen Here," dramatization of the Sit

clair Lewis Anti-Fascist novel, last Tu

day night, Oct. 27. Concurrent with the

initial performance at the Mayan of tlt

play on which the author collaborate

with John C. Moffitt, "It Can't Hapht

Here" opened in San Francisco, Seattle

John Langan directs the Mayan prod

tion of "It Can't Happen Here," and th

Los Angeles cast includes Ian Maclal

Joan Storm, Noel Kennedy, Ray Murrah

Hal Taggart, Dick Rich, Louis Lt}

Frank Brownlee, Millard Vincent, Gory

Spelvin, Elizabeth Ross and Walter Wo

den. |

Dy ON ;

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