Open forum, vol. 14, no. 30 (July, 1937)

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

ORUM

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Vol. XIV

LOS ANGELES, CALIFORNIA, JULY 24, 1937

No. 30

in this issue.

THESE ARE OUR PURPOSES

So many friends and critics have recently

raised questions as to the purposes of the

American Civil Liberties Union in rela-

tion to current issues that we desire to

make it clear beyond debate that the Union

has no purpose to serve other than the

maintenance of democratic rights.

It is frequently charged that we directly

or indirectly favor the political or economic

purposes of some of those whose civil

rights we protect. The personal political

opinions of some of our officers are also

identified with the Union's purposes.

It cannot be too strongly stated that the

Union is a `"`united front'? of persons of

very varied political and economic views

who could not possibly agree on any pro-

gram except defense of civil rights. The

Union has no political or economic direc-

tion whatever; no connection directly or

indirectly with any political party or eco-

nomic movement; and no bias except to

protect orderly and peaceful progress

through the exercise of traditional Amer-

lean civil rights.

The Union interprets the Bill of Rights

as it was originally intended; namely, to

cover all forms of agitation and propaganda

not associated with acts of violence or di-

tect incitements to violence. We draw the

line where the courts drew it for a cen-

tury-between word and deed. We do not,

of course, include within the free speech

protection personal libel or slander. Our

purposes are solely to protect the agitation

of public issues and the guarantees of per-

sonal liberty set forth in the Bill of Rights.

_The test of the sincerity of an organiza-

tion like the Civil Liberties Union is its

Willingness to defend those who do not

spouse progressive causes. The Union has

hever failed to come to the aid, when re-

quested, of those with conservative or re-

actionary purposes. It has defended the

tights of the Ku Klux Klan to hold peace-

ful public meetings; it protested against

4 Senate Committee's seizure of private

elegrams sent by utility companies and

fr agents and indeed by that arch-

apologist for Fascism, William Randolph

`farst. It has on occasion protected the

`ghts of rank and file trade union work-

ts against tyrannical officials. It would

Protect, whenever so requested, the rights

of non-union workers. It does not protect

ot condone violence by organized labor

hor intimidation of non-union workers.

he Civil Liberties Union is not organized

0x00B0 protect the rights of property. That pro-

ection has nothing to do with the main-

`nance of democratic processes. Even

po ueh the enjoyment of property is a

onstitutional right, the Civil Liberties

ane does not protect all constitutional

in ts. It would be too large an order for

Y organization of citizens.

It is said that the defenders of civil lib-

condeonvemn Fascism but do not equally

"Ry `mn Communism. When the term

ne oo is used in such a sense, it is

to describe the repressive measures

fattacteristic of Fascism, and shared by

ae everywhere sympathetic with its

Wctives. If Communists engaged in such

"LET FREEDOM RING!"

The following statements are taken from the annual report of the American Civil Liberties Union at New York

and are of such immediate value to those interested in civil liberties that The Open Forum gives them first place

MACHINERY OF REPRESSION

Taking the country as a whole, the ma-

chinery by which rights are denied stacks

up about as follows:

1. Against Negroes-the most numerous

victims of the denial of rights guaranteed

by the Constitution-discrimination by Jim-

Crow statutes, denying the right to vote,

to get equal educational facilities, and equal

transportation.

2. The lawless attacks on workers seek-

ing to organize, strike, and picket, by em-

ployers' agents, spies, detectives, strike-

breakers, vigilantes, private police, and

privately-paid law officers.

3. The police, mayors and sheriffs un-

der the influence of powerful local inter-

ests denying rights to workers and radicals.

4. Injunctions issued by state courts

against the rights of labor to organize,

strike, and picket.

5. The use of troops in strikes to main-

tain "law and order,' usually denying

wholesale the peaceful evercise of labor's

rights.

6. Prosecutions under criminal syndical-

ism and sedition laws.

7. Deportation of aliens for political be-

liefs and labor activities under stringent

deportation laws.

8. Censorship by radio station managers

of radical and pro-labor utterances, or other

talk offensive to powerful interests.

9. Censorship of motion pictures on

political or "moral" grounds by state

boards and local police.

10. Propaganda by professional patriotic

organizations, chambers of commerce, and

their allies, against the rights of labor and

radicals.

From the above it appears that the role

of the federal government in repression is

slight, confined largely to deportation of

alien radicals. State governments are more

responsible for repression through the use

of troops, Jim-Crow laws, sedition laws,

censorship of motion pictures, and injunc-

tions in state courts.

But the local governments of cities,

towns, and counties are far more responsi-

ble than either the federal or state gov-

ernments, through arbitrary and often law-

less actions by mayors, sheriffs, police and

courts.

Yet above all the legal forms of re-

pression stand the far greater violations of

rights by private forces-vigilantes, lynch-

ers, mobs, spies, strike-breakers, and gun-

men.

repressive tactics in the United States, we

would condemn them equally. The record

shows that American Communists do not.

We use the words "Fascism" and ``Com-

munism" only in reference to American

conditions.

The Civil Liberties Union will welcome

any criticism or comment tending to show

that the national office or any of its local

branches throughout the country have

failed to adhere strictly to a neutral and

dispassionate interpretation of the defense

of civil rights. We recognize, as do most

of the defenders of civil liberty, that strict

INCREASED CIVIL LIBERTIES

SHOWN BY A. C. L. U. REVIEW

In its annual survey of the status of civil

liberties in the country, just published, the

American Civil Liberties Union cites in a

balance sheet for the past year more de-

velopments favorable to civil liberties than

against them.

Chief gain credited by the Union is ap-

proval of the National Labor Relations Act

by the Supreme Court which puts ``a new

foundation under labor's rights.'' Next in

importance the Union lists the exposures of

violence by employers made by the Senate

Civil Liberties Committee. Among other'

advances listed are the Supreme Court de-

cisions freeing Angelo Herndon, Negro

Communist; upholding the Wisconsin labor

injunction law and with it similar laws in

fifteen states, and reversal of the convic-

tion of Dirk de Jonge, Oregon Communist;

the repeal of the ``red-rider" in the District

of Columbia; the decision of the New York

Court of Appeals permitting medical agen-

cies to impart birth control material; the

investigation of the violations of civil rights

in Puerto Rico by a commission headed by

Arthur Garfield Mays; and the repeal of

criminal synditalism laws in Washington

and Oregon.

ACTION DEMANDED ON KIDNAPING

Attorney General Homer C. Cummings

and Governor Frank Murphy of Michigan

have been urged by the Civil Liberties

Union to take vigorous action against the

assailants of Henry Paull, Duluth attorney,

and two leaders of the Lumber Workers

Union, James Rogers and Luke Raik, seized

at Ironwood, Michigan, on June 30th,

beaten and taken over the state line into

Wisconsin.

Governor Murphy replied that the At-

torney General has been requested to in-

vestigate. Attorney General Cummings

replied that an inquiry would be made to

see whether federal law was violated.

Henry Paull had gone to Michigan as

attorney for lumber workers on strike,

knowing that he was taking risks. On June

4th he had been driven out of Munising,

Michigan, by a mob led by the sheriff and

prosecuting attorney. His injuries confined

him to the hospital for a week. The Civil

Liberties Union is prepared to offer a re-

ward of $1,000 for information leading

to the conviction of his assailants, if the

official investigations do not promptly

identify them.

RADIO BILLS IN SENATE

Senator Lewis Schwellenbach of Wash-

ington has just introduced in the Senate

three bills designed to establish greater

freedom on the air. Similar bills are pend-

ing in the House. They would require all

radio stations to set aside time for the dis-

cussion of public issues on a non-profit

basis; would accord equal facilities to ex-

ponents of controversial issues, and would

prevent any interference by the Communi-

cations Commission with freedom of speech

on the air. The bills are backed by the

American Civil Liberties Union, which is

seeking to get a hearing during the present

session of Congress.

adherence to impartial defense of all whose

rights are attacked-without the slightest

suspicion of favoritism-is the only basis

ree Hees any rights can genuinely be pro-

ected.

Re

SSS

THE OPEN FORUM

Published every Saturday at 624 American Bank Build-

ing, 129 West Second Street, Los Angeles, California,

by the Southern California Branch of The American

Civil Liberties Union. Phone: TUcker 6836.

PRETORIA Ue ee Oe Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz |

Doremus Scudder" A. A. Heist Carey McWilliams

Leo Gallagher Ethelwyn Mills Ernest Besig

John Packard Edwin P. Ryland

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

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of March 3, 1879.

LOS ANGELES, CALIF., JULY 24, 1937

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BELL COUNTY OPENS UP

Bell and Harlan Counties, Kentucky,

long centers of violence in the eastern coal

fields, have apparently been broken open

by the exposures before the Senate Civil

Liberties Committee. Evidence of the

change is seen in the return to Don West,

Communist organizer, of books and pamph-

lets taken from him in Bell County and

held for months by Prosecutor Walter B.

Smith, red-baiter, who had threatened to

arrest West whenever he returned.

West, who had left the county after the

seizure of his books and pamphlets, came

back with Chester A. Arthur of New York

and Homer C. Clay of London, Kentucky,

state chairman for the American Civil Lib-

erties Union. He walked straight into the

prosecutor's office and told him he was go-

ing to continue his organizing work for the

Communist Party. Smith took no action.

The return of the books and pamphlets was

made by court order which the sheriff had

refused to execute, but which was forced

by publicity, particularly in the Louisville

Courier-Journal through Herbert Agar,

columnist.

LEGION COMMANDER WARNS

"KEEP HANDS OFF LABOR!"

In a message to Legionnaires throughout

California, State Commander Thomas J.

Riordan of the American Legion informed

them that they must "keep hands off of

labor disputes."' "A member of the Legion

has a right to take part in such disputes,"

he said, ``but only as an individual citizen-

never as a representative of the American

Legion."

He referred to a recent pronouncement

along the same lines by the national com-

mander after `"`announcements from strike

centers indicated Legionnaires were to be

mobilized as vigilantes." -There are a num-

ber of Legion members among organized

groups now striking or threatening to strike

in San Francisco and elsewhere in the state.

JOIN THE A. C. L. U.

Many of you who read this paper |

must find yourselves in accord with

the work which the American Civil

Liberties Union is doing to protect our

fundamental rights of free speech,

press and assemblage. But you have

not yet enrolled as a member of the

Union. Why nct doit now? We need

you badly and will greatly appreciate

your becoming affiliated with our or-

ganization. Please fill out the blank

below and send it in immediately.

I desire to join the American Civil

Liberties Union, S. Calif. Branch, and

send herewith $1.00 to cover my mem.

bership fee.

I ie i ea ae

POE he eh Ee

BONE eh 0 Bos) ee a oe ears

San

--- on

Political asylum is being sought in our

country by large numbers of victims of

political conditions in Europe and the

Orient. The following cases will indicate

just how confusing the situation is.

Hans Goepel, 26-year-old anti-Nazi ref-

ugee, facing deportation and death in Ger-

many, has been granted a stay of deporta-

tion until September 1st, according to in-

formation received from the American

Committee for the Protection of Foreign-

Born. Goepel, who fled from the Nazi navy

and escaped to the United States as a stow-

away in 1935, was arrested at Amityville,

Long Island, in April, 1937, and held for

deportation on the charge of "illegal en-

try.""' He was born in Hanover, Germany,

and joined an anti-Nazi youth organiza-

tion, The Iron Front, in 1928. After two

years he became a member of the Socialist

Party and continued his anti-Nazi activity

in the German navy, which he entered in

1931. The right of asylum for Goepel is

being fought for by many organizations.

His present stay has been granted partly

on the basis of legislation pending in

Congress for the right of asylum which has

received considerable support.

Hans Herzmann, anti-Nazi refugee, who

has been held at Ellis Island since June 5th,

has been ordered deported to Germany by

the Labor Department. He is scheduled

to be deported on Thursday, July 15th, on

the 8. S. ""Deutschland.'"? Herzmann came

to the United States as a seaman in Janu-

ary, 1935. He was born at Trempen, East

Prussia, and is 36 years old. He stated at

his hearing at Ellis Island that he feared

to return to Germany because of political

reasons, saying that he had been persecuted

by Nazi elements in Yorkville, who had

sought to kill him. He feared he would be

executed if returned to Germany because

of his difficulties with the Nazi elements in

this country.

Attorneys in the Vincent Ferrero case

have been notified that the Department of

Labor is determined to deport him to Italy

shortly. This means that his life is in dan-

ger. An appeal has been made by the

Ferrero-Sallitto Defense Committee for an

immediate protest to be made by individ-

uals and organizations to the Department

of Labor. The following letter is suggested

as the form which should be used:

Secretary of Labor,

Washington, D. C.

Dear Madam:

On July the 8th, 1937, your Department

signified its determination to deport Vin-

cent Ferrero (55860/458) to Italy.

Ferrero has lived and legally resided in

this country for 31 years, is of good moral

TO A. C. L. U. MEMBERS

The absence of Dr. Clinton J. Taft, our

director, from America during these

summer months places an added responsi-

bility upon all of our members to do the

work of the Union in the most adequate

and effective way. It would be helpful if

those subscribers who have overlooked or

neglected sending in their renewals to The

Open Forum could pay their subscriptions

up to date and if possible add something to

this amount to help carry on the highly

essential work of protecting civil liberties

in our community.

We are glad through the columns of

The Open Forum to give to its readers a

weekly account of the major happenings

in that part of life in which our Civil Lib-

erties Union operates. In the present issue

it seemed worthwhile to give a more de-

tailed picture of the situation in our coun-

try regarding those seeking asylum. The

Department of Labor and the federal offi-

cials have no easy task in meeting the

severe duties regarding these unfortunate

men and women. However, we should our-

selves encourage these authorities to keep

oe. "

4

RIGHT OF ASYLUM IN AMERICA _

character, has never been arrested, never

committed an overt act. The Charges

against him in deportation Proceedings ay,

purely political. Because of his anti-Fagcig

ideas and activities, his deportation to Italy

will be tatamount to a death sentence, anq

we firmly believe that your Departmen;

will not want to share the responsibj]

for this fate.

The Italian authorities persistently yp.

fuse to grant Ferrero a passport to any

other country than Italy, and on account

of his age and life-long residence in thi

country it is impossible for him to depart

in any other manner than in a legal and

proper way.

We therefore earnestly request that Fer.

rero be allowed to remain in the United

States as long as the present circumstances

last. You have the discretionary power for

this action justified by precedent and pend.

ing legislation. Sincerely,

The stringency of our present deporta-

tion laws works great hardship in many

cases. Following are a few of the cases

reported by the American Committee fo;

the Protection of Foreign-Born.

Edward Gilkes, father of seven Amer.

ican-born children, who was ordered de.

ported to British Guiana on the charge of

entering the country illegally, has been

granted a stay of deportation on the basis

of a private bill introduced on his behalf

in Congress. Although the Labor Depart-

ment has stayed some 8,000 hardship cases

to prevent the separation of families, if

refused to give consideration to the case

of Gilkes. He was married in British Guiana

and had failed to locate and secure a di:

vorce from his former wife. The Labor De

partment holds that his seven Americap

born children are illegitimate.

Sikander Ali, Hindu worker who came ti

the United States in 1920, has been ordered

deported to India on July 8. Ali, a restaurant

worker, lost a leg in an automobile acc-

dent in 1933. A judgment for $15,188

granted in Queens Supreme Court proved

uncollectable. Without funds and physic

ally incapable of earning a living, he is

being sent back to starve in the country

from which he has been absent 17 years.

Albert St. Clair, W. P. A. worker, is be

ing held at Ellis Island for deportation on

the charge of illegal entry. His wife, whd

was born in Brooklyn, and two Americat-

born children, 4 and 6 years of age, have

been forced to go on home relief. St. Clair,

a Negro born in Trinidad, was arrested in

May on the charge of "tapping gas" and

sentenced to two months on Rikers Island.

He was then taken to Ellis Island for de

portation.

ity

alive in America its ancient spirit of love

of liberty and to show all possible leniency

to those who flee to us from other countries

to escape the bitter political conditions ul

der which they have been living.

HARD TIMES OFFER

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