Open forum, vol. 17, no. 47 (November, 1940)

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HE OPEN FORUM

Free Speech - Free Press. - Free Assemblage

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

Tah

PHILIPPINE PRESIDENT QUEZON

CLARIFIES STAND ON DEMOCRACY

_President Manuel Quezon of the Philip-

pines, in a letter to the Civil Liberties

Union, denies that his recent speech at

the University of the Philippines "challeng-

ed the. theory and practice of political

democracy," as charged by the Union.

Mr. Quezon contends that his speech was

completely misquoted and misrepresented,

and quotes the following from his ad-

dress:

"I stand before you as the opponent of

dictatorship in whatever form it is pre-

sented, including the dictatorship of the

proletariat. I firmly believe in democracy,

in the soundness of its principles, and...

as the only system of government cap-

able of doing justice to every man, wo-

man and child."

As for the emergency powers granted

Mr. Quezon by the National Assembly,

he points out that under the Philippine

constitution the law is not only warranted

but may not be abused by the President.

"Any attempt at curtailing individual lib-

erties could be met by legal processes."

Moreover, according to Mr. Quezon, `"`it

has never been intended that such emer-

gency powers should be exercised unless

rquired by the protection and defense of

the Philippines and then only in accord-

ance with constitutional limitations."

Mr. Quezon denied that he had made

requests for a constitutional amendment

extending his term of office. "On the con-

trary,' he wrote the Union, "I have re-

peatedly stated publicly that I do not

want to continue in office and that I am

not a candidate for re-election even if

the Constitution were amended."

UNDULY HARSH SENTENCES

GIVEN STUDENTS REFUSING

TO REGISTER FOR THE DRAFT

The National Committee on Conscien-

tious Objectors, affiliate of the American

Civil Liberties Union, characterized as

"unduly harsh" the sentencing last week

of eight Union Theological Seminary stu-

dents to a year and a day each for refus-

Ing to register under the Selective Service

Act.

"Under the very terms of the act under

Which they were sentenced," said Ernest

Angell, chairman of the Committee, `none

of these students was liable for military

Service, Morever, there is grave doubt as

lo whether or not these divinity students

have not in fact registered since they did

Appear at the registration places and gave

their names and addresses.

Roe sentence is much more severe than

ee nih would be meted out to a non-

a Sant in England where, although the

untry is at war, the maximum sentence

LOS ANGELES, CALIFORNIA, NOVEMBER 23, 1940

No. 47

U. S. Solicitor Rules Aliens On

Relief Be Granted Citizenship

Local U. S. Attorney Balks at Instructions to "Confess Error"

Indigent. aliens denied citizenship be-

cause they had accepted relief scored an

important victory through the action of

the U. S. Solicitor General's office, in in-

structing the local United States Attorney

to "`confess error' in the cases of seven

aliens pending in the Ninth Circuit Court

of Appeals in Los Angeles. The Southern

California Branch of the A.C.L.U. spon-

sored. the consolidated: appeals of the

aliens.

The seven aliens, all but one of whom

are 68 to 81 years of age, had their ap-

plications for citizenship turned down on

the ground that each had an "extended

history of charitable aid during the five

years prior to the applicant's naturaliza-

tion hearing." This was the sole evidence

for the conclusion by local naturalization

officials that the aliens are "not attached

to the principles of the Constitution."

When the cases were first heard in the

U. S. District Court, the Department of

Immigration and Naturalization made no

recommendation to the court, which ac-

cordingly acted upon its own motion. On

appeal, the Los Angeles Bar Associa-

tion supported the denial of citizenship.

In a letter to the Civil Liberties Union

OKLAHOMA SYNDICALISM TRIALS

Robert Wood, first of the twelve crimi-

nal syndicalism defendants in Oklahoma

City to be convicted, has been freed on

$15,000 bail as the trial of a second de-

fendant, Alan Shaw, opened last week.

The cases are being handled by the Inter-

national Labor Defense, with the aid of

the Civil Liberties Union, which requested

attorney Stanley D. Belden of Cushing,

Oklahoma, to serve as defense counsel.

Wood, state secretary of the Commu-

nist Party, who was sentenced on Novem-

ber 1 to ten years and a $5,000 fine, is

planning an appeal. The twelve defen-

dants were arrested following raids on

the homes of Oklahoma citizens in Aug-

ust; six were charged with distributing

literature. advocating overthrow of the

government. Shaw is being tried this week

under the criminal syndicalism law for

membership in the Communist Party.

for the non-registration of conscientious

objectors is a fine of only 5 pounds."

Mr. Angell pointed out that the Com-

mittee was not in favor of non-registra-

tion and had publicly urged all persons

to register under the terms of the act.

"But however unreasonable the position

of the divinity students may seem to be,

it should be remembered that they are

not in any sense draft dodgers; they took

the position for which they have been sen-

tenced solely on high Christian . moral

grounds."

recently, Special Assistant Attorney Gen-

eral Lemuel B. Schofield, in charge of the

Immigration and Naturalization Service,

stated that the policy and practice of the

Service is `not to object to the naturaliza-

tion of any alien solely because he is on

relief."

A. L. Wirin, A.C.L.U. attorney for the

aliens, in a letter to Solicitor General

Francis Biddle, declared that the Union

concerned itself with the case because of

a conviction that "to deprive aliens of nat-

uralization because of their indigency,

and hence need for public aid, is in effect

to impose a property qualification for cit-

izenship; and that such an imposition

runs counter to every democratic concept

of government."

Despite Solicitor General Biddle's in-

structions to the local U. S. Attorney, he

had not yet agreed to "confess error' in

the case of these aliens when we went to

press. In fact, he seemed to resent the

suggestion of Mr. Biddle. So, while we

are hoping for a dismissal of the cases in

order to pave the way for the aliens to

re-apply for citizenship, we do not feel

sure that such action will be taken.

EXPEDITIOUS ACTION ON WPA

SUSPENSIONS URGED BY A.C.L.U.

Measures clarifying the status of per-

sons on WPA suspended pending investi-

gation of charges of signing false affi-

davits regarding their political affiliations

were urged upon the administration last

week by Arthur Garfield Hays, Civil Lib-

erties Union counsel, in a letter to Howard

O. Hunter, Acting Commissioner of the

Works Progress Administration.

"In many of the cases brought to our

attention," Mr. Hays wrote, "`persons have

been suspended on suspicion and will be

subject to extreme distress if there is any

undue delay in the settlement of their

cases. In such circumstances their right to

a prompt investigation is equivalent to a

citizen's right to a speedy trial."

According to the Union, the number

of instances in which obvious non-Com-

munists have been suspended for signing

various petitions "seems to indicate that

a ruling setting forth a more definite

cause for suspension would prevent many

of the administrative difficulties involved,

as well as protect innocent people who

have, in good faith, signified either their

approval of certain public issues or their

belief that minority parties should be

represented on the ballots.'

In New York City alone ten cases of

WPA workers suspended because they

signed Communist nominating petitions in

the past election, have been called to the

attention of the Union. ,

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

Glinton J. Vatt=.

CONTRIBUTING EDITORS

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Doremus Scudder A. A. Heist Carey McWilliams

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John Packard

A. L. Wirin.

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LOS ANGELES, CALIF., NOV. 23, 1940

GER 36

BURBANK SOUND TRUCK

e ORDINANCE IS RULED

UNCONSTITUTIONAL

_ Superior Court Judge John Beardsley

last week ruled a Burbank municipal or-

dinance, which prohibited the use of a

sound truck engaged in electioneering

without a permit, to be unconstitutional.

The ruling was made-on the occasion of

the issuing of a temporary restraining

order against Burbank city officials en-

joining them from enforcing the ordinance

and from further prosecuting Lou Rosser.

The decision was made in an injunction

suit filed by Rosser against the Chief of

police and the prosecuting attorney of

Burbank. The case is scheduled for hear-

ing before Judges Hartley Shaw, Edward

Bishop and B. Rey Schauer on November

22. The proceeding is being sponsored by

the International Labor Defense through

Selma Mikels Bachelis, I.L.D. attorney.

PENN. REGISTRATICN LAW

BEFORE U. S. SUPREME COURT

The American Civil Liberties Union has

deciced not to, intervene in the appeal

before the U. 8. Supreme Court from a

decision voiding the Pennsylvania alien

registration act. According to the Union,

with the enactment of a federal registra-

tion law, the issue has become academic.

The U. 8. Department of Justice, however,

is submitting a brief amicus curiae in sup-

port of the ruling voiding the Pennsyl-

vania law. : 7 :

`The Union's brief, submitted by Arthur

Garfield Hays, A.C.L.U. counsel, when the

case was in the lower courts, was con-

sidered largely .instcumental in having

the law declared unconstitutional.

"ZERO HOUR"

MUSIC BOX THEATRE

HOLLYWOOD

Tickets: 35c to $1.00

plus tax

For Reservations call Hillside 7114

SAYS DR. CLINTON J. TAFT:

"T have seen ZERO HOUR and re-.

gard it as one of the most dynamic

presentations of the need of freedom

for teachers and situdents that I. have

ever seen. It is especially timely and

| deserves a long run in Los Angeles."

FEDERAL COURT TURNS DOWN

APPEAL FOR CITIZENSHIP

The Ninth U. 8. Circuit Court of Ap-

peals decided on November 15 that Arch-

ibald R. Allen is not qualified for citizen-

Ship because of his political opinions and

associates. The Appellate Court confirmed

an order of Federal Judge George

Cosgrave to the same effect. The sole

basis for this decision was the belief by

Allen in some ofthe principles of Com--

munism. Allen disavowed any belief in

force and violence and expressed his be-

lief in the present democratic form of

Povyernmen:y Ot. the. United. States. - the

court held that he was not "attached to

the principles of the Constitution" because

of the testimony of a neighbor eight

years ago to the effect that, in the course

of a social ride in Allen's automobile,

Allen stated that a certain estate would

"go up in smoke" after the revolution.

The Southern California Branch of the

American Civil Liberties Union has spon-

sored the case and the appeal to the Fed-

eral Circuit Court because of the civil

liberties involved through the denial of

citizenship solely because of political opin-

ions; and A.C.L.U. attorney A. L. Wirin

has represented Allen.

The decision of the Circuit Court is be-

ing studied with a view to a possible ap-

peal to the Supreme Court of the United

States. The highest court has never had

before it the eligibility of a Communist

to citizenship. The last time the issue of

Communism was before the Supreme

Court was in a deportation case in which

the court ruled that a former member of

the Communist Party was not subject to

deportation.

`In"the meantime, the decision of the

Federal Court at San Francisco cancelling

the citizenship of William Schneiderman,

a Communist Party secretary in Califor-

nia, is being appealed to the said Circuit

Court in San Francisco.

PUBLIC SCHOOL TIME FOR

RELIGIOUS INSTRUCTION SCORED

Adoption of any plan for the release

of children from public schools for relig-

ious instruction was opposed last week

by tne New York Civil Liberties Com-

mittee on the ground that it would con-

stitute `"`a grave violation of the American

principle of separation of church and

state." The New York City Board of Edu-

cation considered action on the Coudert-

McLaughlin law permitting principals to

release public school students from class-

rooms one hour a week for outside relig-

ious instruction at the request of parents.

At the Board's hearing, Mrs. Mary Ware

Dennett presented the Civil Liberties

Committee's views.

While stressing that it is not opposed to

religious instruction as such, the Civil

Liberties Committee declared: "The in-

evitable result of the plan would be to

emphasize racial and religious differences

and to create a spirit of intolerance and

disunity at this critical time when national

harmony and unity is essential for the

very preservation of our democracy."

The Committee further maintained that

the law as passed is binding only upon

private school authorities and not upon

public school boards. "Should the board

finally be advised by counsel that it must

follow the regulations set by the State

Commissioner of Education we urge that

particular care be taken to formulate

rules: which will guard against further

encroachment on secular education."

s - -S

RIGHT OF S. L. P. TO

BROADCAST UPHELD BY F. cent, cent

An important ruling has just been

handed down by the Federal Communi.

cations Commission in a telegram to th

American Civil Liberties Union declaring

that a radio station may not have th

right to bar a broadcast for a politica) -

candidate who is not on the ballot of the

state in which the radio station Operates,

The F.C.C. communication wag in yp.

sponse to a query by the Civil Liberties

Union dealing with the refusal of WIpy

in Utica, N.Y., WHK in Cleveland ayq

WHKC in Columbus, Ohio, to permit talks

sponsored by the Socialist Labor Party oy

the ground the party's presidential cap.

didate is not on the ballot in Ohio ang

New York. The stations had revoked cop.

tracts with party officials. eee

"In the Commission's opinion," T, J,

Slowie, F.C.C. secretary wired the

A.C.L.U., "omission of the name of a can.

didate for president from the ballot in a

particular state does not by that fact

alone prevent him from being a legally

qualified candidate for the president of

the United States under Section 3815 of

the Communications Act. The Commission

has not ruled that ``stations do not have to

handle broadcasts for political candidates

who are not on the ballot."

OREGON ANTI-UNION LAW

DECLARED INVALID BY COURT

Oregon's anti-picketing law, one of the

most drastic ever enacted in this country,

has been declared unconstitutional by

the State Supreme Court, in a verdict

based on the -U. S. Supreme Court's deci-

sion last spring invalidating similar ordin-

ances in Alabama and California. The

Civil Liberties Union intervened in the

case as amicus `curiae, in support -of the

C.1.0., A. F. of L. and the railroad broth-

erhoods.

The A.C.L.U. brief, submitted by. Os-

mond K. Fraenkel and Nathan Greene,

contended that parts of the law were

clearly unconstitutional because of "vag-

ueness and indefiniteness'' and denied to

labor rights of free speech in violation of

the due process clause in the 14th Amend-

ment. The law was passed by referendum

vote in November, 1938.

Freedom For The Thought We Hate

"If there is any principle of the Con-

stitution that more imperatively calls for

attachment than any other it is the prin

ciple of free thought-not free thought

for those who agree with us but freedom

for the thought we hate."'

-Justice Oliver Wendell Holmes.

UNITARIAN PUBLIC FORUM

; presents

LEWIS BROWNE

in a lecture:

"COLLAPSE OF THE FRAMEWORK

OF THE MIDDLE AGES"

FRIDAY, NOV. 22-8 P.M.

This is in a course of lectures on

"Our Cultural Background: Western

Civilization from the Dark Ages.

Six lectures are to follow.

RESERVED SEATS

FOR THE ENTIRE COURSE-$2.00

2936 W. 8th St. Tel. EX. 1356

eens

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