Open forum, vol. 16, no. 52 (December, 1939)

THE OPEN FORUM

Free Speech - Free Press - Free Assemblage

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

Vol. XVL

CAMPAIGN AGAINST ANTI-ALIEN

AND SEDITION BILLS LAUNCHED

Launching a drive to defeat anti-alien

and sedition bills facing enactment by

Congress next month, the American Civil

Liberties Union has just published a

series of six pamphlets dealing with

measures which have passed the House

or Senate, or are pending on the calendar.

The Union has called upon its members

and local committees throughout the coun-

try to register opposition to the legislation.

Among the anti-alien bills attacked by

the Union, a bill to imprison indefinitely

aliens who cannot be deported (Hobbs-

H.R.5643) is characterized as "`wholly un-

necessary to meet any real evil' and ``an

unconstitutional departure from accepted

standards of American law through im-

prisoning aliens indefinitely without trial

for no offense."' The bill passed the House

last May, was reported out by the Senate

Judiciary Committee and is now pending

on the Senate calendar.

The Dempsey bill (H.R. 4860) to de-

port aliens advocating any changes in

our form of government, ``would greatly

increase the unfairness of the exclusion

and deportation laws aimed at opinions,"

according to the Union. Under the bill,

"aliens would be virtually prohibited from

holding any opinion at all about the

United States government,' the Union

charged, pointing out that even the ad-

vocacy of a constitutional amendment

would make an alien deportable. The

bill passed the House in March and is now

before the Senate Immigration Committee.

Introduced by Senator Robert R. Rey-

nolds of North Carolina, a bill (S.409)

providing for compulsory registration of

aliens has been reported out of the Senate

Immigration Committee and is pending

on the Senate calendar. The Union main-

tains that it would "set up a vast system

of espionage, treat our immigrant pop-

ulation as quasi-criminal, -increase pre-

Judice against the foreign-born, and lead

finally to the registration of all citizens."

The omnibus gag bill (H.R. 5138) in-

troduced by Rep. Howard W. Smith of

Virginia, calls for sedition provisions pro-

vided for in other bills, for the deporta-

tion of aliens who have at any time

belonged to organizations in which- mem-

bership is a deportable offense, and for

fingerprinting of all incoming aliens. Hav-

ing passed the House in July, it is now on

the Senate calendar with a favorable re-

port by the Senate Judiciary Committee.

_ Sedition bills opposed by the Union

Include an amendment, by Rep. John

McCormack of Massachusetts, to. the

Walter: bill strengthening the Espionage

Act. The amendment provides for punish-

ment of those who "advocate the over-

throw of government by force and vio-

ence." It passed the House in June and is

before the Senate Judiciary Committee.

The Union holds that the measure is "un-

"American, unconstitutional and unneces-

Sary to meet any real danger. Like all

ws punishing mere utterances, it would

ecome a Weapon of tyranny."

_A drastic military disaffection bill, pro-

ome that any printed matter may be

aken from any house or person under a

ped warrant, was introduced by Senator

Hae Walsh of Massachusetts and passed

e Senate in July without discussion, It

LOS ANGELES, CALIFORNIA, DECEMBER 30, 1939

Now 52

MADERA RIOT PROBED BY

LA FOLLETTE COMMITTEE

Lawless Procedure of Officials Exposed

The LaFollette Com. was given a vivid

description of the riot precipitated at

Madera on Oct. 21st by vigilantes and

sheriff's deputies, during sessions held in

San Francisco the latter part of last week.

It was made evident that the 21 who

were grabbed and thrown into jail were

arrested simply because they were strike

leaders, not for any overt acts. Most of

them were "John Does," it was admitted.

Pickett, the arresting officer, said he had

taken some of them into custody simply

because they were present on the band-

stand in the park where the strike meeting

was going forward in orderly style.

When Sen. LaFollette asked Pickett

what overt acts the men had committed,

he replied that he did not understand the

question. Plainly the Associated Farmers

wanted to `"`get'"' the leaders in the strike

and were not scrupulous as to legal nice-

ties.

One man arrested was Rev. Morton

Rose, a visiting clergyman from Okla.

who happened to be in town as the guest

of his brother. He had been asked to say

a few words at a meeting in the park, and

did so, congratulating the strikers on

their peaceful methods. When the leaders

were grabbed he too was taken into cus-

tody and spent 26 days in the Madera Co.

Jail. Then the flimsy charges against him

were dropped.

Carey McWilliams, head of the State

Division of Immigration and Housing and

a member of the So. Cal. A.C.L.U. Execu-

tive Com., was called to the stand and

read a carefully prepared, 19-page paper,

in which he said:

"It is apparent that labor strife in agri-

culture in Calif. has been occasioned

largely because of the refusal of the em-

ployer group to accept the principles of

collective bargaining .. . Since collective

bargaining is as fundamental to industrial

democracy as parliamentary or represen-

tative government is to political self gov-

ernment, it is quite obvious that agricul-

tural workers will continue to insist upon

their right to some voice in the determina-

tion of living and working conditions. The

primary objective of remedial legislation

should be to see that democratic processes

are substituted for shot-gun tactics in labor

relations in Calif. agriculture."'

The Associated Farmers are not happy

over the disclosures made as to the

sources of their funds-that only 26% of

the revenue came to the organization from

real farmers, while 74% was contributed

by big corporations and financiers, includ-

ing the `"`Los Angeles Times'? which gave

is now pending in the House Military

Affairs Committee. `"`The bill,' says the

Union, "`is unnecessary, dangerous to free

speech, unconstitutional and a reflection

on the loyalty of our armed forces. It

might easily punish any criticism of the

use of the National Guard-in strikes or

otherwise-as well as of the Army and

Navy."

$500. They had tried to conceal these big

donations even from accountants. The

minutes of one A.F. executive com. meet-

ing declared that certified accountants

were to be employed to check the books

with the understanding that ``there would

not be disclosed to the accounting firm

any of the sources of revenue."

Southern Cal. Edison Co. did not want

it publicized that a utility concern had

given to the Associated Farmers, so they

gave indirectly through the Southern Cali-

fornians, Inc.

To begin with, the avowed purpose of

the Associated Farmers was to prevent

the `"`Red Menace" from functioning in

the agricultural areas of this state. But in

the light of what the LaFollette Com. has

already uncovered, it is now plain that

the A.F. has one prime objective: to pre-

vent unionization of the workers on the

farms.

The LaFollette Com. has recessed for

the holiday season. Soon after the beginn-

ing of the new year it will open public

hearings in Los Angeles.

BILL TO ABOLISH PRESIDENT'S

POWER TO CONTROL RADIO PRESSED

Maintaining that freedom of the air is

as essential as freedom of the press in

wartime or during a national ``emer-

gency,' the American Civil Liberties Union

will sponsor a bill in the next session of

Congress abolishing the power of the

President ``to cause the closing .... or

authorize the use or control of any broad-

casting station'? under the terms of the

Federal Communications Act.

The Act provides that the government

may take over the radio upon proclama-

tion by the President "`that there exists

war or a threat of war or a state of public

peril or disaster or other national emer-

gency, or in order to preserve the neutral-

ity of the United States."

The Civil Liberties Union takes the posi-

tion that while the President may never

take advantage of this authority in the

Act, the presence of the provision on the

books is "dangerous to freedom of expres-

Sion.

On the other hand, the Union holds that

there may be something to be said for

regulation of international broadcasting

stations in wartime. The Union's affiliate,

the National Council on Freedom from

Censorship, has just requested a hearing

on the subject.

In a letter to James L. Fly, chairman

of the Federal Commission, Quincy Howe,

Council chairman, and Morris L. Ernst,

counsel, wrote:

"We agree that the government. might

control shortwave broadcasts heard in for-

eign countries in time of war, but we are

not prepared to suggest precisely how that

should be done. May we therefore re-

quest the Commission to conduct a hear-

ing on that subject with a view to appro-

priate legislation or rules?"

Page 2

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: MUtual 2412

BSA T ten tie Rice aes awe eo ae et oat en ee Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz

Doremus Scudder Carey McWilliams

Leo Gallagher Ernest Besig

John Packard Edwin Ryland

A, L. Wirin

Subscription Rates-One Dollar .a Year.

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

_ Two Cents Each, if ordered in advance.

Clinton J.

A. A. Heist

Advertising Rates on Request

Entered 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., DEC. 30, 1939

oie 36

WINNERS OF CIVIL LIBERTIES PLAY

CONTEST ANNOUNCED BY UNION

Winners of the one-act play contest for

radio and theatre conducted by the Amer-

ican Civil Liberties Union have just been

announced by Carl Carmer, chairman of

the Union's Committee on Education for

Civil Liberties. Prize winning plays are:

For the best radio play: `First Free-

dom" by Philo Higley, of New York, a

play based on the story of John Peter

Zenger, America's first freedom of. the

press case.

For the best one-act play suitable for

theatrical production: ``According to Law"

by Noel Houston, of Oklahoma City, a

play dealing with racial prejudice and in-

equality of justice in the courts.

Awards are $50 for each of the plays,

in `addition to royalties. Judges were:

Brooks Atkinson; drama critic of the New

York Times; Elmer Rice, playwright; Bar-

rett H. Clark, executive director of the

`Dramatists Play Service; William Rose

Benet, poet.and critic; and William Koz-

lenko, editor of the One-Act Play Maga-

zine, which cooperated in the contest.

Over 300 manuscripts were submitted in

the contest, Mr. Carmer revealed. Mr.

Higley's winning radio play is expected

to be produced shortly on a national hook-

up. The play by Noel Houston is planned

for special Sunday night performances,

probably in February.

Honorable mention was awarded to

Leane Zugsmith, New York novelist, for

a labor play ``Wait and See'; Frank B.

Wells, of Biloxi, Wis., for `"Ho, for Caro-

lina!" dealing with mob hysteria and

legal corruption; Donn Hayden, of Noro-

ton, Conn. for "Swing Low, Sweet Char-

iot'"" concerned with lynching; Harry

Weinberger, New York attorney, for

"Clarion Call' a play on the Zenger case;

Betty Smith, of Chapel Hill, N.C. for on

APPLICATION FOR MEMBERSHIP

Please enroll me as a member of the

American Civil Liberties Union, South-

ern California Branch, 505 Douglas

Bldg., Los Angeles.

Pwillwive $2154 per month, quar-

ter, year (designate which one) to-

ward its support .I enclose $...........- on

my pledge. I reserve the right to ter-

minate this pledge whenever I see fit.

$2.00 per year is the minimum

membership fee, including a year's

subscription to THE OPEN FORUM.

BO Le sheers Oe ieee errs bt Le nea ay

PU Otis wind le e a8h oh een eats Hi agi 109

A ct AN ok aa rhe ht te 5 tinoauty Lath yxoue aSehE

LOL 6 21.2: hee Seeeren eapsaee

J

~yefuses to bargain collectively

Five Cents _

THE OPEN FORUM

"UNCLEAN HANDS" EMPLOYER

DENIED INJUNCTION BY WILSON

In a. pioneering opinion,

time decided by any California court,

Judge Emmet H. Wilson has denied `an

employer's application for injunction a-

gainst picketing on the ground that the

employer was `guilty of unclean hands."'

Interpreting the California Labor Code,

Judge Wilson ruled that an employer who

with "a

union and to recognize the union selected

by the employees violates the California'

Labor Code and can secure no relief in. a

court of equity.

The case involved Rose Ann _ Sitkin,

fur dealer, and the International Fur

Workers' Union, C..-O0x00B0 Judge "Wilson

found that the employer refused to meet

with representatives of the workers, that

she ordered the union agents out of her

place of business and directed them to

stay out.

Judge `Wilson concluded: that, `The

plaintiff thus effectually closed the door

to further attempts to reach an agreement

with her employees."

Judge Wilson concluded:

"The plaintiff, having refused to do that

which the legislature has declared asa mat-

ter of public policy that she should have

done, (to engage in collective bargaining)

is not in a position to seek relief from a

court of equity. J am unable to perceive

any reason why the two maxims, `He who

seeks equity must do equity,' and `He

who comes into equity must come with

clean hands,' should not be applicable in

such a case as this, as well as in any other

equitable action, particularly in the cir-

cumstances existing here. In this case

there is the phenomenon of an employer

defying the public- policy of the state,

as expressed by the legislature in the

Labor Code, by refusing to bargain col-

lectively, or at all, with her employees,

and at the same time asking a court of

equity to enjoin those same employees,

who are now on strike, from picketing

her place of business. She is seeking

the aid of the court to enable her to

enjoy the fruits of her own recalcitrance.

"Though an agreement be never ef-

fected, the law requires that an attempt

be made in good faith to reach an accord

between an employer and his employees

collectively. The policy of the statute is

to secure industrial peace. This is not

achieved by force and violence or by re-

fusal to discuss a settlement of differences.

The court is open to protect the rights of

both employer and employee against vi-

olence, intimidation, and coercion, but it

will be closed to either one who himself

scorns obedience to the law.

"When plaintiff admits that she has

refused to confer with the representatives

of her employees in reference to a collec-

tive bargaining agreement, she disquali-

fies herself to ask this court to restrain

the employees and members of their union

from picketing her store.

"The petition for a preliminary injunc-

tion is denied, the temporary restraining

order is dissolved, and the order to show

cause is discharged."

The union was represented by Gal-

lagher; Wirin and Johnson, in behalf of

the American Civil Liberties Von.

Messiah Discredited, ie dealing with organ-

ization of corn-belt farmers; and Ned Ros-

ing, of Kew Gardens, N.Y. for ="In the

Name of the Law," concerned with law-

less officials in a coal-mining area.

"THE VAGABOND KING"

Last Monday night a new play opened

at the Hollywood Ple

Friml's "The. Vagabond King.'' This is a

W.P.A. Music Project Production, with a

large, well selected cast and.an orchestra

of 30 pieces under Carleton Kelsey. Paul

Keast, who has taken the part of Villon

many times during recent years, heads the

cast.

for the first .

- --

-

APPELLATE COURT VINDICATES

USE OF SOUND TRUCK

IN HUNTINGTON PARK Cay

Declaring the Huntington Park 4,

nance, which prohibited sound trucks, {

be unconstitutional, the Appellate Depari, |

ment of the Superior Court, in a unap)

mous decision, issued an injunction last

week against Huntington Park's Chief yy

Police, restraining the enforcement of th

ordinance. In the opinion, the Court rel; ied.

upon the recent decision of the Supreme

Court of the United States "in the cage

Kim Young, in which the Logs Angela

handbill ordinance was declared uncon.

stitutional.

The Appellace Court. said:

"The injunction prayed for. must. hp

granted in part. `The streets. are' natuy)

and proper places for the dissemination oj

information and opinion;' and an ord.

nance which undertakes to regulate th.

conduct of. those using them must. no

abridge `the constitutional liberty of om

rightfully upon the street. to impart jp.

formation through. speech.' Schneider ,

State (1939).

"The enactment nied defeng@anm

threaten to enforce against plaintiffs ani

their associates, section 2 of Ordinance Ny,

928 of the City of Huntington Park, con

tains no limitations of the time or plac

for permissible operation of the describel

vehicle, or the extent or volume" of 4

sound it may be `creating,' nor is it con

fined to commercial soliciting, which, its

suggested in the Schneider. case, supra,

may be subject to Such regulation: On the

contrary, it prohibits use of such a vehicle

for the purpose of `conversion to: any

cause,' which is the exact purpose inspil-

ing plaintiffs and their associates to it

use. The right of free speech is subject to

regulation to the extent that, its exercise

under unreasonable circumstances and a

unreasonable times and places -may be

prohibited, as the decision in. the Sch.

neider and Kim Young Cases assert, ant

we do not hold that no regulation of the

use of sound trucks on the streets would

be valid; but this ordinance cannot be si

regarded. The constitutional right of fre

speech does not justify one who desire

to exercise it in blocking traffic for thal,

purpose, as the Schneider decision point

out;

'

and our decision herein leaves the

defendants free to enforce traffic regula

tions against the plaintiffs and those ne

Fepresent i. ay .

The Heciswnii was announced in connet-

tion with the current strike of. the a

paper Guild against the `Huntington i

Bulletin."

Representing the Guild were Gal gh

Wirin and Johnson and Charles J. Kats

A. L. Wirin appeared also in behalf of

the American Civil Liberties Union, whi

cooperated, in the case.

TRIBUTE TO HEYWOOD BROUN |

Upon the death of Heywood Brov

early last week, the board of directors #

the Civil Liberties Union adopted the fol.

lowing resolution:

"The American Civil Liberties' Uni!

expresses its profound sympathy with the

family of Heywood Broun in his untimell

death and its warmest appreciation of his

long service to the cause of civil liberty

in his many public .activities. _The Boalt!

counts it a privilege to have had his mel

bership in recent years on the Union

National Committee and his active cooper

ation in many of its tasks."

cae

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