Open forum, vol. 16, no. 27 (July, 1939)

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Free Speech - Free Press - Free Assemblage

"Eternal vigilance is the price of liberty"-John Philpot Curran

Vol. XVI.

TO PICKET IN DOMESTIC

ers CONTROVERSY ASSERTED

The Southern California Branch of the

A.C.L.U. last week came to the defense of

Joan Manners, actress, who was serving a

five day sentence in the Los Angeles

county jail upon a conviction of contempt

of court by Los Angeles Superior Court

Judge Samuel R. Blake.

The sentence was the result of a finding

by Judge Blake that Miss Manners was in

contempt of court because of a violation of

a court injunction which restrained her

from molesting her husband in connection

`with a domestic controversy. Miss Man-

ners, whose real name is Lorna Langan,

peacefully carried a banner in front of the

Warner Bros. Studios, at which her hus-

band, John Langan, is employed as a dia-

logue director. The placard read, "John

Langan-Dialogue Director-Supported 5

Years by Wife; USES FIRST JOB in 5

Years to Destroy Home. and TAKES

POH ELD...'

When efforts of Miss Manner's counsel,

S. S. Hahn and W. O. Graf, to secure her

release from jail on a petition for writ of

habeas corpus in the State District Court

of Appeal failed, A.C.L.U. attorneys Gall-

agher, Wirin and Johnson, and Lee Stan-

ton, filed in Miss Manner's behalf a peti-

tion for writ-of -habeas-corpus with Fed-

eral Judge William P. James; and Miss

Manners has been released and is now out

on bail. Judge James has the case under

submission.

In the meantime, in order to `exhaust

all remedies"' in the State Court, the Amer-

ican Civil Liberties Union sponsored the

filing of a "Petition for Writ of Review"

in the State Supreme Court, and this pro-

ceeding is still pending.

A.C.L.U. counsel are urging upon state

and federal courts that the right to picket

_ peacefully, whether in a political, labor,

or domestic controversy, is part of the

right to freedom of speech and freedom

of. the press, and is guaranteed by the

Federal and State Constitutions in the Bill

of Rights. In arguing the case before

Judge James, A.C.L.U. counsel A. L. Wirin

stated that the Civil Liberties Union was

not interested in the subject matter on the

placard, nor with the merits of the domes-

tic dispute between Miss Manners and her

husband; and that freedom of speech in-

cluded the right to say silly things as well

as to utter profound political truths.

Three years ago the American Civil

Liberties Union came to the defense of

John Langan, Miss Manner's husband, in

connection with injunction proceedings in

the federal court to restrain then-Chief of

- Police James E. Davis from unlawful bor-

der patrol activities.

MOBSTER DENIED CITIZENSHIP

Fred Cairns, Secretary of the San Rafael

Chamber of Commerce and alleged leader

of the Santa Rosa tar and feather party

of August 21, 1935, was denied citizen-

ship by Superior Judge Edward I. Butler

of San Rafael on June 9th. At the con-

clusion of a three hour hearing the court

granted the motion of Paul Armstrong,

Assistant District Director of Immigration

and Naturalization, to dismiss Cairns' pet-

ition with prejudice, on the ground that

he had not shown himself to be attached

to the principles of the government of

United States. 3 es

LOS ANGELES, CALIFORNIA, JULY 8, 1939

CHRYSLER JURY DEADLOCKED--

PROSECUTION SUFFERS SETBACK

After over ten days deliberations, the

jury in the Chrysler "extortion" case an-

nounced that they were "hopelessly dead-

locked," and thus brought a two months

trial of 14 C.I.0. workers to an end. Sup-

erior Court Judge Frank G. Swain, upon

receipt of the jury's report, declared a mis-

trial and ordered the case transferred for

a new trial in the event the District At-

torney desires to try the case once more.

The expenditures by Buron Fitts, Los

Angeles County District Attorney, of an

estimated $50,000 of the people's money,

and many thousands of dollars by the

anti-labor forces of Southern California,

to sponsor and abet the prosecution behind

the scenes, have thus far been of no avail.

The refusal of the jury to convict any of

the Chrysler auto workers on a charge

never heretofore filed, either in California

or anywhere in the United States, against

workers in connection with the solicitation

of dues, marks the second serious setback

to Buron Fitts and his special anti-union

prosecutor, Russell E. Parsons, within as

many months. A month ago Superior

Court Judge Clarence L. Kincaid, for the

third time, finally dismissed an extortion

indictment against Amalgamated Clothing

Workers union leaders.

The program of the District Attorney

and the open shop interests of Southern

California to send workers to the peniten-

tiary under charges of `extortion,' has to

date been 100% unsuccessful. Testimony

in the case disclosed that The Neutral

Thousands sponsored and financed a com-

pany union at the Chrysler plant, and that

these activities were responsible for the

difficulties which ensued.

The defense of the case was noteworthy

not only in the exposure of The Neutral

Thousands, but in the ``united front' be-

tween A. F. of L. and C.1.O. attorneys.

The law firm of Rosecrans and Emme ap-

peared in the case as "friends of the

court."" The A.C.L.U. cooperated in the

case.

PRESS TO HEAR BRIDGES CASE

' Deviating from its quarter of a century

old practice of holding secret hearings in

deportation cases at which the public and

the press are barred, the Labor Department

has announced that the proceedings a-

gainst Harry Bridges, West Coast C.I.O.

Director, will be open to the press.

James M. Landis, dean of the Harvard

Law School, will preside over the hearing

as special examiner upon appointment by

Frances Perkins, Secretary of Labor.

While open to the press, the hearing has

not as yet been made open to the general

public.

This break with precedent is welcomed

by the A.C.L.U. as the first step in pre-

venting deportation hearings from being

"star-chamber" sessions, at which the

rights of the alien are frequently denied.

It will be recalled that in two deporta-

tion cases now pending in the courts, and

sponsored by the Southern California

Branch of the A.C.L.U:,-the Graham

case and that of the German political ref-

ugees, Hans Kurth and Gunther Haber-

mann-objection was made to the closing

of the hearings to the press and to the

public, and this issue is awaiting decision

by the U. S. Circuit Court of Appeals.

Cairns' naturalization was vigorously

opposed by the Northern California

Branch of the A.C.L.U. on two grounds:

1. That he led a mob of men to Germania

Hall in Santa Rosa on August 1, 1935, and

broke up an anti-fascist meeting; and,

2. That he was the leader of the tar and

feather vigilantes who kidnaped five men,

and beat and tarred and feathered Jack

wen and Sol Nitzberg on August 21,

At the hearing Cairns admitted that he

was a member of the mob, but denied any

participation in its lawless activities. The

judge, however, chose to believe the testi-

mony of the vigilante victims, Jack Green,

Sol Nitzberg, and Charles Mayer, who def-

initely identified Cairns as the leader of

the mob.

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USE OF S. F. AUDITORIUM

A Superior court action was filed in San

Francisco on June 27th by Anita Whitney (c)

as chairman of the Communist Party, to

compel city officials to rent the Civic audi- |

torium to the Communist Party. The Cus-

todian of Property has consistently refused

a lease because he was opposed to `"`reds."

This is the third suit to be filed in the

last couple of years. Two previous suits

were dismissed on technicalities. The first

time the court decided the issue was moot

because the date requested for a meeting

had already passed by the time the case

was heard, and the court would not con-

sider such an academic question. The sec-

ond time, it was found that the Communist

Party of San Francisco could not maintain

the suit because it had not been legally

constituted.

FLAG SALUTE MEASURE PROTESTED

Attacking the Nielsen flag salute bill as

"fascistic and un-American," the Northern

California Branch of the American Civil

Liberties Union has appealed to Governor

Olson to pocket veto the Nielsen measure,

which would allow local school boards to

make rules and regulations governing the

salute and permit expulsion or suspension

of any child that failed to abide by such

rules.

Summing up the arguments against

compulsory flag saluting Ernest Besig,

A.C.L.U. Director, declared ``you don't get

patriotism by compulsion; flag saluting is

now practiced generally and wholeheart-

edly on a voluntary basis; compulsion will

result in the persecution of a small relig- -

ious group; it will result in little children

being punished for obeying their parents;

and, it is fascistic and un-American."

THE OPEN FORUM

Published every Saturday at 505 Douglas Building,

257 South Spring Street, Los Angeles, California, by

the Southern California Branch of the American

Civil Liberties Union. Phone: Mlchigan 6529

or eer Oa Co atti ede Stosd e y Editor

eat. CONTRIBUTING EDITORS |

Upton Sinclair Kate Crane Gartz (c)

_ Doremus Scudder A. A. Heist Carey McWilliams

Leo Gallagher Ernest Besig

John Packard Edwin Ryland

L. Wirin

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Entered as second-class matter Dec. 13,

1924, at the post office of Los Angeles,

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LOS ANGELES, CALIF. JULY 8, 1939

_ A.C.L.U. REVIEWS RELIGIOUS

He LIBERTY IN UNITED STATES

That restraints upon religious observ-

ance in the United States are slowly giving

way to a larger freedom, is the conclusion

_ of a survey of current and past restrictions

_ just completed by the American Civil Lib-

erties Union. Published in a 48-page pam-

phlet entitled `Religious Liberty in the

- United States Today," it carries a fore-

word endorsing moves for religious toler-

ance signed by thirty-four prominent relig-

ious leaders, educators and editors of

_ various denominations in twelve states.

Its announced object is ``to counteract

_ the intolerances which restrict our relig-

ious liberty outside the field of law and to

win support for remedies in law or by

court decision in achieving religious free-

Com:

"The fundamental struggle around

- which religious liberty is always fought-

the right to obey the dictates of God

against the dictates of the state-is still

in part with us," declare the signers of

the pamphlet.

me signers include: Rab bi

_ Philip Bernstein, Rochester, N. Y; Bishop

_ Edgar Blake, Methodist Church, Detroit;

~ William E. Gilroy, Editor of The Advance

(Congregational) Boston; Rev. John Hay-

nes Holmes, Community Church, N. Y.;

- Paul Hutchinson, Christian Century; Prof.

Rufus M. Jones, (Quaker) Haverford Col-

lege; Rev. George S. Lackland, (Metho-

- dist) New Haven; Rt. Rev. W. Appleton

Lawrence, Bishop of Western Mass; Bish-

op G. Bromley Oxnam, Methodist Church,

- Boston; Monsignor John A. Ryan, Wash-

ington, D. C.; and Rev. William B. Spof-

_ ford, Church League for Industrial Democ-

a Rae.

-. The pamphlet is available for distribu-

tion (at 10 cents per copy) at the office of

the Southern California Branch of the

_ American Civil Liberties. Union, 505 Doug-

las Bldg., Los Angeles.

ee

} A NEW BOOKLET-

} "~*~ FIFTEEN YEARS

_ ON FREEDOM`S FRONT

by Dr. Clinton J. Taft

This is a 48-page pamphlet setting

Ne forth the thrilling experiences of an

) A.C.L.U. Director for a decade and a

_ { half in Southern California. What the

i fight for freedom really means. What

-! has been definitely accomplished in

0x00A7 this area.

BUY IT IN QUANTITIES

AND GIVE TO FRIENDS

20 copies for a dollar

3 for 25 cents

1 for a dime

Order from A.C.L.U. Office,

505 Douglas Bldg. Los Angeles, Calif.

8 es na Polat ee 3

9

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DR. BEECROFT DEFENDED BY

"York City,

Sproul as follows:

ACADEMIC FREEDOM COMMITTEE

Backing up the protests lodged with

President Robert G. Sproul of the Univer-

sity of California by the Southern Calif-

ornia Branch of the A.C.L.U., with respect

to the threatened dismissal of Dr. Eric

Beecroft from the U.C.L.A. faculty, the

Committee on Academic Freedom of the

American Civil Liberties Union at New

"This Committee is interested in reports

of the dismissal of Dr. Eric Beecroft from

the faculty of U.C.L.A., and I am instruct-

ed by its chairman to write you to enquire

`what were the reasons for his dismissal, if

he is dismissed. And to enquire further as

to how and under what circumstances his

dismissal was effected.

"Would you be good enough to give

this Committee replies to the following:

1. Were explicit open charges brought

against Dr. Beecroft?

2. Was Dr. Beecroft given an opportu-

nity to reply to formal charges in the pres-

ence of a faculty body?

53. Is a record of such hearings as were

held to be made available to the public?

"The widespread interest in the case of

Dr. Beecroft, whose competence is well

known, and the conviction among teachers

and others that there has been serious dis-

crimination against him, is alarming since

the reputation of the U.C.L.A. for aca-

demic freedom is well established.

"We sincerely trust that you and your

faculty will not allow any department or

group in the faculty to mar the reputation

of the University for freedom of inquiry."

The Committee on Academic Freedom

has on its national committee Eduard C:

Lindeman, Chairman, James H. Dillard,

Wm. E. Dodd, Charles A. Ellwood, Felix

Frankfurter, John A. Lapp, Robert D.

Leigh, Arthur O. Lovejoy, Kirtley F. Math-

er, Alexander Meiklejohn, William Allen

Neilson, Frederick L. Redefer, Vida D.'

Scudder, Clarence R. Skinner, L. L. Thur-

stone, and Mary E. Woolley.

L. A. ANTI-PICKETING ORDINANCE

CHALLENGED IN FEDERAL COURT

In a new move to secure an early deci-

sion on the constitutionality of the Los

Angeles anti-picketing ordinance, a suit

for a federal injunction was filed last week

in behalf of the C.I.O. Industria] Union

Council and the International Longgshore-

men and Warehousemen's Union, and has

been set for hearing by Federal Judge

Paul J. McCormick on July 11th, 1939.

The ordinance is attacked on the ground

that it interferes with freedom of speech

and freedom of the press under the Fed-

eral Constitution. It is claimed that the

ordinance thus denies "due process of

law" and rights guaranteed to all persons

under the federal "Civil Rights Act."

The suit is modeled after the proceed-

ings filed by the A.C.L.U. and the C.LO.

against Mayor Frank Hague of Jersey

City, which resulted in a sweeping injunc-

tion affirmed by the U. S. Supreme Court,

restraining all interference with public

meetings, the carrying of banners, and the

distribution of circulars on the streets of

Jersey City.

The A.C.L.U. is cooperating in the case.

Gallagher, Wirin and Johnson are repre-

senting the plaintiffs; the defendants in-

clude newly-appointed Chief of Police

Arthur Hohmann, and City Attorney Ray

L. Chesebro.

eee

You may secure any book you desire through the

AMERICAN CIVIL LIBERTIES UNION.

We have dealings with all publishers.

Prompt service and regular list prices.

Send your order to our office

505 DOUGLAS BLDG., LOS ANGELES

ad!

last week wrote President -

before July 1, 1924, whose entry has

CONFERENCE CONDEMNS a7!

re ANTI-ALIEN BIL

With the adoption of half a dozen reg

lutions vigorously condemning the an

`alien drive in Congress and the Californ

legislature, the emergency Conference ty -

Oppose Anti-Alien Legislation, called by -

the American League for Peace and De

mocracy, in cooperation with the A.C.LY _

and other liberal and progressive group -

at Los Angeles, concluded its deliberation

last week. ~ 3

The purpose of the conference was ty

intensify the emergency campaign now -

under way in opposition to the mass of -

anti-alien legislation introduced in this seg

sion of the U. 8. Congress. There were 128

official delegates from 56 organization -

representing 250,056 people. In addition -

there were about 150 observers and visi. -

tors from various organizations. a

A resolution expressing general opposi-.

tion to all legislation aimed at non-citi. -

zens, was introduced. The following dele

gates spoke on the resolution: A. L. Wirin,

Counsel for the American Civil Liberties -

Union; Frank Lopez, Vice-President of the

Los Angeles Industrial Union Council, -

C.I.0.; Nat Levenstadt, Business Agent,

Retail Shoe Salesmen's Union, A. F. of Ly

Eduardo Quevedo, President of the Mexi-.

can-Spanish Congress; Carey McWilliams, (c)

Chief of the State Department of Immigra.

tion and Housing; and Beulah Learned of _

the International Labor Defense. The res.

eee was passed by unanimous acclama.

ion. @

Other resolutions introduced were as

follows: :

To the President of the United States

calling upon him to "throw the force of

his liberal and progressive administration -

into the battle to defeat the so-called anti -

eee bills." Resolution passed by acclama.

ion. 2

Support of the Wagner-Rogers Bill

which provides for a revision of the immi. |

gration laws so as to permit ten thousand -

refugee German children under fourteen _

years of age, regardless of religion or sect, _

to enter the United States in 1939, anda

similar number in 1940. Passed by acclam- _

ation; tte

Support of the Coffee-Swellenbach Bill, _

which provides that an alien shall not be

denied citizenship because he has required

relief while in this country. Passed by ac. _

clamation; aa

Support of the Celler Bill, which re -

duces naturalization fees from $7 to Son

the McCormack Bill which makes it pos

sible to grant citizenship to aliens entering -

been -

regular; and the Lesinski Bill, which ex. _

empts aliens over 50 years of age from

ei literacy tests. Passed by acclama _

ion, ai

A resolution asking Governor Olson, to.

veto the Swing Bill was authorized by the -

q)

eg

Conference.

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