Open forum, vol. 17, no. 12 (March, 1940)

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HE OPEN FORU

Free Speech - Free Press - Free Assemblage

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

Vol. XVII

_ LOS ANGELES, CALIFORNIA, MARCH 23, 1940

ING: be

U. S. CENSUS QUESTIONNAIRE

RAISES NO CIVIL LIBERTIES ISSUE

A.C.L.U. Attorneys O.K. the Government Questions

After a thorough investigation of com-

plaints that the government census will

invade the privacy of citizens, the Ameri-

can Civil Liberties Union takes the view

that "no issue of civil liberties is involved

in the questionnaire."

The Union's position was adopted at

the regular weekly meeting of its Board

of Directors at the City Club last Monday.

The study was made by attorneys for the

A.C.L.U. in response to numerous requests

from members and friends who charged

that new questions in the census inquire

into matters which the government may

not properly investigate and that citizens

are not protected against public exposure

of purely private matters.

The statement adopted by the Union's

board of directors follows:

"Examination of the questionnaires used

in previous censuses shows that only one

essentially new question has been added

to the 1940 census, namely: the `amount

of money wages and salaries' received.

The rules provide that if the amount is

under $5,000 it should be stated, if over

$5,000 merely that fact. But similar in-

formation has been required in the farm

census taken for the past twenty years. No

issue of the invasion of the civil rights of

citizens can be successfully raised on the

basis of this inquiry.

"The census has always inquired into

what are properly regarded as _ private

matters in the sense that no individual

names should be associated with the census

returns. Citizens have always been pro-

tected against exposure by severe penal-

ties on enumerators who divulge informa-

tion. There are few cases in our history in

which census information has been made

public or available to any government

agency as to any particular individual.

"The complaint that citizens are now

under compulsion to give information on

pain of penalties is without merit. That

has been the settled law for decades. If

the census is to operate to gather complete

information, a penalty clause is a neces-

sary feature of the law; but so far as we

can learn, the records do not show a single

case of a citizen fined or jailed for refus-

ing to answer census questions. The re-

cent order of the Chief of the Census

Bureau that all cases of refusal should be

referred directly to Washington indicates

that great care will be taken not to invoke

the law except in extreme cases, if at all.

"The social value of the census is such

that all citizens should be eager to co-

operate in compiling the information nec-

essary to an understanding of all these

phases of American life. The arguments

on which the present complaints are based,

insofar as they affect the civil rights of

citizens, are in our judgment wholly with-

out foundation."

JUDGE HENRY M. WILLIS REFUSES

TO ENJOIN SECONDARY PICKETING

In a sweeping decision Monday, Superior

Court Judge Henry M. Willis refused to

enjoin secondary picketing in the current

strike of the Poultry Workers' Union,

C.1.0. against the Runnymede Poultry

Farms.

The Sunset Poultry Company sought

such an injunction, claiming that a re-

straining order, heretofore issued by

Judge Wilson against the union, had been

violated and therefore the union forfeited

the right to picketing.

Judge Willis ruled that picketing in aid

of a Secondary boycott was legal in Cali-

fornia, and constituted a form of the exer-

Cise of the freedom of speech guaranteed

by the federal constitution. The union was

a phnented by Gallagher, Wirin and John-

, In a case involving an A. F. of L. union,

aes Willis last week decided that peace-

ee oe for the purpose of unioniza-

was In accordance with the law.

i 4 new practice initiated by Pre-

abor : ucse, Thos. C. Gould, contested

0x00B0r mjunction matters are now heard

APPEAL "OKIE'S'" CONVICTION

IN CALIF. FOR IMPORTING FAMILY

The conviction of a migratory farm

worker for the crime of helping his sister

and her family come from Oklahoma to

California will be appealed by the North-

ern California branch of the Civil Liber-

ties Union in a test of the constitutionality

of an old California law.

The "Okie'"', Fred E. Edwards, was sen-

tenced to six months in Marysville, Calif.

recently for violating the law, which de-

clares that it is ``against the welfare of

California to transport an indigent into

the state.' Several previous attempts to

invoke this law in the San Joaquin Valley

resulted in suspended sentences contingent

on deportation of the defendant from the

state.

by Judge Willis instead of Judge Wilson.

Judge Willis is well known for his fairness

in labor matters and his beliefs in the

constitutional right of peaceful picketing.

The transfer of labor cases from Judge

Wilson to Judge Willis is acclaimed by

labor as the beginning of a new deal for

labor in the Los Angeles courts.

OPINIONS PRO AND CON THE ~

FEB. 5th A.C.L.U. RESOLUTION

The resolution adopted on February 5th

by the National Committee of the A.C.L.U.,

excluding believers in the totalitarian form

of government from membership on the

governing boards of the Union, has been

the subject of considerable controversy in

A.C.L.U. circles. In our issue of March

2nd we announced that the Southern Cal-

ifornia Branch of the Union had reaffirmed

as the basis for membership in its govern-

ing body simply belief in the civil liberties

guaranteed by the Bill of Rights.

Roger Baldwin, National Director of the

A.C.L.U., upon learning about the action

taken by the Southern California Branch,

wrote the Director of this Branch, saying,

"Since you have had no difficulties of the

character we have had to face in our own

Board, I presume the action you took was

entirely proper."

Some of our members, however, feel

that we should have endorsed the action

of the National Committee. One man was

so aggrieved over our failure to do so that

he wrote, "`Please accept herewith my

resignation from the A.C.L.U. to take ef-

fect immediately.'"' Another one said, dis-

approving our action, "I prefer not to be

associated in any way with such a group."

Most of those who have written in heart-

ily approve the action which the Southern

California Executive Committee took. One

woman from up north says, "It is the only

consistent stand to take with no `trim-

ming'."" Another party from Los Angeles

says, "I was pleased to note that the

Southern California Branch had taken a

more liberal view of persons qualified to

serve on governing committees than was

evident by the National Committee's ac-

tion recently." A third supporting member

of this Branch declared, `I was very

pleased to hear the decision of your

A.C.L.U. group."

Still another party writes, "I am send-

ing you the enclosed donation in the hope

that your office has not taken a similar

attitude (referring to the action of the

National Committee). If, however, you do

exclude Communists from holding office

or must send a part of my donation to

the National Office, please return the

check as I do not want to encourage UN-

AMERICAN activities."

A long-standing, loyal member from.

Santa Barbara says, "I am astounded and

disturbed at the position taken by the

National Committee as to any member of

the Communist Party being on its Board.

I still have to support the A.C.L.U., but I

want to go on record as saying that its

attitude as expressed in this dictum is

against all the principles that it is sup-

posed to stand and fight for."

A very well known man from the ex-

treme southern part of the state expresses

himself thus: :

"IT. am most happy that the Executive:

Committee of the Southern California

Branch has reaffirmed the only. possible

(Continued on Page 2)

Page 2

THE OPEN FORUM

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

Glintone. "Natt see Miss ce OoE seca cet een so ase Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz

Doremus Scudder A. A. Heist Carey McWilliams

Leo Gallagher Ernest Besig

John Packard

A. L. Wirin

Edwin Ryland

Subscription. Rates-One Dollar a. Year. Five Cents

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

Two Cents Each, if ordered in advance.

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., MARCH 23, 1940

Goo 36

STATE EVICTION OF RELIEF

CLIENTS. APPEALED BY A.C.L.U.

Maintaining that the decision as to

where one may live "belongs to no public

authority, but is the free choice of every

citizen," the Civil Liberties Union will

intervene as friend of the court in behalf

of the family of Rosario Cherillo, Mama-

roneck, N. Y. cobbler ordered evicted from

Westchester County, in an appeal to the

New York Court of Appeals at Albany.

The case will be argued during the week

of April 8.

The court will be asked to determine

the constitutionality of a section of the

state Public Welfare Act under which the

Cherillo family was ordered evicted last

January. The county's department of pub-

lic welfare contended that the family

still had a legal residence in Wooster,

Ohio. The law gives the state the right

to send a family back to. its legal domicile

outside the state if it receives relief within'

one year of entering.

The Union's brief amicus curiae, pre-

pared by Osmond K. Fraenkel of New

York, declared:

"The freedom to move from state to

state has been one of the most fundamen-

tal rights. Surely the great State of New

York, which has received and absorbed so

many millions of foreigners, should not

be afraid to receive and absorb fellow cit-

izens, even though they may have fallen

on evil days."'

Mr. Fraenkel attacked the law on the

ground that it violates the provision in the

federal Constitution guaranteeing citizens

of each state "all privileges and immuni-

ties of citizens in the several states'? and

abridges the Fourteenth Amendment.

Attorneys for the Workers Defense

League will argue the appeal for the de-

fendants.

SCOTTSBORO DEFENDANTS AGAIN

DENIED LIBERTY BY ALA. BOARD

A renewed effort to free the remaining

five Scottsboro boys was smothered last

week as Alabama's pardon board unani-

mously voted to deny parole.

_A statement accompanying the decision

declared that "`a day for reconsideration

in each case will be set in accordance with

our judgment as to the response of the

individual to institutional treatment.''

In 1938 Governor Bibb Graves also re-

fused parole.

Those denied their freedom were Clar-

ence Norris, whose death sentence was

commuted to life imprisonment; Heywood

Patterson, sentenced to 75 years; Andy

Wright, 99 years; Charlie Weems, 75

years; and Ozie Powell, 20 years.

NATIONAL ORGANIZATION COMES

TO DEFENSE OF SCHNEIDERMAN

The American Committee for Protection

of Foreign Born, whose fourth Annual

Conference was held in Washington, D.C.,

has announced that it will do everything

possible to prevent the revocation of the

citizenship of William Schneiderman, State

Secretary of the Communist Party of Cal-

ifornia. The government is attempting to

deprive Mr..Schneiderman of his -citizen-

ship because, at the time of naturalization

12 years ago, he was a member. of the

Communist Party. His case is at present

before the Federal Court in San [ran-

cisco.

The decision of the American Commit-

tee for Protection of Foreign Born to

throw its full force behind the case will

serve to bring the issues involved in the

prosecution of Schneiderman to the atten-

tion of the entire country.

~The Committee announced its decision

to aid and co-operate in the defense of

Schneiderman in a letter to Rev. Robert

Whitaker, state chairman of the Schneid-

erman-Darcy Defense Committee in Cali-

fornia.

Upon receipt of the communication Rev.

Robert Whitaker declared:

"It need hardly be stated that every

friend of civil liberties will heartily wel-

come the support and co-operation of so

powerful and influential an organization

as the American Committee for Protection

of Foreign Born in the defense of Mr.

Schneidermar's guaranteed rights. What

we have been saying all along is now ver-

ified by the representatives of 5,500,000

citizens: the case of William Schneider-

man is the case of the people! It is up

to the people to guarantee the defeat of

this attack on our Bill of Rights.

"We have received new heart and en-

couragement. We will carry on the fight

in defense of William Schneiderman with

added vigor and enthusiasm, and we will

win."

(Continued from Page 1)

logical basis for membership in the gov-

erning bodies of the A.C.L.U. The action

of the national A.C.L.U. on February 5

startled me for it seemed a retreat in the

face of intolerance at a time when it

could ill afford to compromise. I had al-

ways thought that the A.C.L.U. was set

up to defend citizenship and not to define

it. Within his legal rights, I should allow

any citizen to support his principles and

I would cooperate with him in defending

these rights. No other attitude is con-

sonant with self-respect and I believe that.

all our branches should strive to bring the

headquarters directors back into line with

the rank and file."

An author of international reputation,

now living here in Southern California,

comments thus:

"Several days ago I sent a contribution

to the Southern California Branch of the

A.C.L.U. I did it because of the breadth,

the good judgment and the courage with

which you have for many years defended

our liberties. At about the same time I

wrote Roger Baldwin a comment upon.

conditions at the New York office that

threaten the thoroughness and stability of

the work of the central body ...I should

like to have you know that I am backing

you because I believe that you are differ-

ent. If you desire to remain different it

might be well to take a hand in the

present struggle."

a rr

A.C.L.U. FILES BRIEF WITH |

U. S. HIGH COURT IN BRIDGES CAsrE

In a brief filed with the United State,

Supreme Court last week the Americay

Civil Liberties Union urged the court tg

review the conviction of Harry Bridges,

West Coast labor leader, for contempt of

court, on the ground that it "constitutes a

serious threat to freedom of speech and

of the press."

It will be recalled by our readers that

Harry Bridges was originally convicted iy

Los Angeles Superior Court of contempt

for having sent a telegram to Secretary of

Labor Frances Perkins, criticizing a deci.

sion of that ccurt. He was given a $125

fine or the option of-.serving five days in

jail. The California Supreme Court re.

fused to change the decision of the lower

court, so the matter was taken to the

United States Supreme Court recently.

. The A.C.L.U. brief contends that "ex

cessive sensitiveness to criticism or arro-

gance of attitude tend far more to bring

the judiciary into disrepute than do most of

the comments which form the basis of

contempt proceedings." The brief insists

that "the courts must weigh in the balance

one great social need against another: 4

free press and a free judiciary. Not lightly

Should that balance be cast. It will not do

to assume that one freedom is superior

to the other.''

"The freedom of judges may be respect-

ed if they improperly interfere with the

press; the freedom of individuals or of

newspapers may be limited if they im-

properly interfere with the courts.

"But the problem cannot be solved by

the application of any precise formula of

words. Much will depend on the temper of |

the comment under scrutiny and the set-_

ting in which it was uttered. : |

"Except in unusual circumstances, criti-

clism of a decision should never be punish-

able as contempt, even if it suggests to the

judge what decision the writer would pre-

fer."'

OPPOSE BILL BARRING REDS |

_ FROM ALL PUBLIC POSTS IN N. Y.

Defeat of the Devany-Martin bill in the

New York State Senate extending a ban

on certain radical opinions to all appoin-

tive and elective state and city employees

was urged last week by the New York

City Civil Liberties Committee in a tele-

gram to Senate leaders.

The telegram, signed for the Committee

by Florina Lasker, chairman, and Osmond -

K. Fraenkel, counsel, declared: |

"The bill is unwarranted and a threat

to freedom of speech and Opinion of public

servants. It would deprive minority groups

or representatives of their own choosing.

If the legislature resorts to hysterical meas-

ures to combat unpopular doctrines in-

stead of trusting to present adequate laws,

the fundamental concept of American

democracy igs at stake. We consider such

a bill so clearly in conflict with both the

letter and the spirit of the constitution

that if passed we will fight its validity in

the courts." :

A law enacted last year extends the

ban on radical views only to the classified

civil service of the State and to teachers.

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