Open forum, vol. 17, no. 13 (March, 1940)

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THE OPEN FORUM

Free Speech - Free Press - Free Assemblage

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

Vol. XVII

LOS ANGELES SUPERIOR COURT

UPHOLDS SECONDARY PICKETING

. Right of the Los Angeles Newspaper

Guild to picket advertisers in the "Hunt-

ington Park Bulletin'? was upheld in an

historic decision in favor of free speech

and free press, issued last week by Super-

ior Court Judge Henry M. Willis.

The decision was hailed throughout

labor and civil liberties circles as one of

the broadest and most sweeping in defense

of the workingman's civil rights handed

down recently in California.

Although six Guild members were as-

sessed moderate fines, the convictions on

contempt of court were for blocking the

sidewalk-and not for secondary picketing.

Quite to the contrary, secondary picket-

ing was specifically upheld as a basic,

constitutional right. Also upheld was the

Guild's right to use a sound truck, to

parade the city's streets, to pass handbills

and sell newspapers in prosecution of the

secondary boycott against unfair adver-

tisers.

The decision was made after some ten

days of hearings as to whether 10 Guild

leaders and strikers had violated a per-

manent injunction, granted to Publisher

Ward several months ago by Judge

Edward R. Brand.

Judge Willis pointed out in strong and

decisive language that to construe the in-

junction literally so as to forbid picketing

of advertisers "would not only be beyond

the power lodged in courts but would

contravene too many fundamental rights."'

The jurist declared that the injunction

must be interpreted so as only to forbid

picketing in such a manner as to block

ingress and egress of stores or to "injure,

intimidate or coerce."

But to interpret so as to forbid the right

to picket, advertisers ``will collide head-on

with the constitutional rights of free

speech, freedom of the press and freedom

of assembly."

Judge Willis then quoted and followed

two recent decisions by the Supreme Court

of the United States, both of them spon-

sored by the American Civil Liberties

Union: the case against Mayor Hague of

Jersey City, and the Kim Young case in

which the United States Supreme Court

declared unconstitutional the Los Angeles

handbill ordinance.

_ Those fined were Philip M. Connelly,

International vice-president of the Guild

and state C.I.O. president, $50; Don Kirby,

strike committee chairman, $50; Roger

Johnson, first local Guild president, $25;

John King-Smith, striker, $25; Clifton

Rainwater, $25, and Urcel Daniel, Guild

administrative officer, $25.

Freed of all charges were Tom O'Con-

Hor, Los Angeles Guild president; Sid

Burke, prominent Guildsman who operated

the Sound truck; Gene Bradford, Guild

financia] Secretary, and Striker John

Hayden,

Appearing for the Guild were Gallagher,

rm and Johnson, through Attorneys Leo

(Continued on Page 2, Col. 3)

LOS ANGELES, CALIFORNIA, MARCH 30, 1940

No. 13

ESCAPED CHAIN-GANG CONVICT

MAY NOT BE EXTRADITED TO FLA.

Gov. Olson Holds Hearing on Blosdale Case

Governor Culbert L. Olson, in a state-

ment to the press given out last week,

practically announced that he will not

return Harry M. Blosdale to Florida to

serve out the balance of:a sentence in a

chain gang.

Blosdale was arrested in Los Angeles

three weeks ago and charged with being

an escaped convict. His arrest came about

as the result of inspection of his finger-

prints by the Civil Service Commission

when he took an examination for the posi-

tion of ambulance driver and warehouse-

man.

He readily admitted having escaped

from a Florida chain gang in 1935, while

serving a 15 year sentence for conviction

on a highway robbery charge in 1930.

After making his way to Los Angeles,

following his escape, he secured work

here and married.

Naturally he is fighting extradition by

the Florida authorities. "I might as well

cut my throat right now as go back there

to the chain gang," he said. "I was drunk

when I held up a Western Union office in

Florida, or I never `would have done it. I

got in with some fellows who persuaded

me to undertake the holdup, and I realize

it was a crazy thing to do."'

The American Civil Liberties Union,

Southern California Branch, investigated

the case as soon as it became public, and

offered Mr. Blosdale assistance in his fight

against being taken back to Florida to

serve out the balance of his sentence, on

the ground that punishment in a chain

gang is cruel and inhuman, and therefore

prohibited by the Constitution of the

United States.

The matter of extraditing Blosdale came

up before Governor Olson last week and

was argued pro and con. After the hear-

ing Governor Olson is reported to have

said: "If this testimony is true-and we

have nothing in our records to contradict

or refute it-I do not think any Governor

could help but think Blosdale has paid

his debt to society. I deem it quite likely

that if I talk with Governor Cone of Flor-

ida and advise him of the testimony we

have before us, he may feel, as I believe

any public official would feel, that this

man has paid his debt and has been reha-

bilitated by more than five years of exem-

plary conduct.

"I do not want my decision to reflect

upon the administration of Governor Cone.

TI am hoping he will investigate this case

and reach my conclusion."

At the hearing conducted before the

Governor, affidavits were produced show-

ing that Blosdale and other road gang

convicts were beaten and treated cruelly

in other ways. The fact that Blosdale fled

from a barbaric violation of his civil rights,

and while here has rehabilitated himself

during the last five years so as to make a

favorable impression upon all who know

him, is greatly in his favor.

The American Civil Liberties Union has

addressed the folowing letter to Governor

Olson:

"The American Civil Liberties. Union is

much gratified at the attitude you are

taking toward the extradition of Harry M.

Blosdale. We believe as you do that he

was subject to cruel and unusual punish-

ment while a member of a chain gang in

Florida and should not be returned to a

state that has inflicted such unconstitu-

tional punishment on him.

"Our Attorney, Mr. A. L. Wirin, has

interviewed Mr. Blosdale here in the jail

and is convinced that he has rehabilitated

himself and should not be degraded by a

return to Florida authorities.

"We hope that the Florida Governor

will see the matter in the right light and

desist from further efforts to extradite

Blosdale, but in case he persists in de-

manding his return, we trust you will be

firm in refusing to consent to the extra-

dition. Thereby you will be doing a

humane act and also striking an exem-

plary blow at the terrible chain gang

system of the South."

QUARTERLY INDEX TO MAGAZINE

ARTICLES ON CIVIL LIBERTIES

(November, 1939 to January, 1940)

1. CIVIL RIGHTS

"Disfranchised Dixie' by W. Gard,

Christian Century, Nov. 20

"Sesquicentennial of Bill of Rights" by

L. R. Custard, Social Education, Dec.

"Defend Rights of Communists" by

KE. G. Flynn, Communist, Dec.

"Portland Red Squad" by R. M.

MacGregor, New Republic, Dec. 13

"Last Word" by W. E. Borah, Christian

Century, Jan. 31

"Observation on a Main Theme" by

H. J. Seligman, Twice-A-Year, 1939-40

"Current Civil Liberties Issues" by T.

Irwin, Twice-A-Year, 1939-40

"Survey of Bill of Rights" by O. K.

Fraenkel, Twice-A-Year, 1939-40

"Civil Liberties in the South" by V.

Dabney, Virginia Q. Rev. (Winter) '40

"Are We Going to Lose Civil Liberties''

by E. D. Thomas, Nat. Educ.

Proceedings, 1939

"Civil Liberties Advance" by R. N.

Baldwin, Frontiers of Democ., Oct.

"Meaning of Civil Liberty" by F.

Murphy, Amer. Teacher, Oct.

"Test of Patriotism" by F. Murphy,

Natl. Lawyers Guild, Q.-Oct.

2. FREE SPEECH, PRESS, RELIGION,

ASSEMBLY "

(Continued on Page 2, Col. 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 ofthe "American

Civil Liberties Union. Phone: MUtual 2412

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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

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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 30, 1940

GBe. *+

RUSSELL APPOINTMENT UPHELD

The Civil Liberties Union has offered

legal aid in defense of any court action to

prevent Bertrand Russell from teaching

at the College of the City of New York.

Russell's appointment has been upheld by

the Board of Higher Education amid a

barrage of statements by his opponents

and defenders. 3 |

Mr. Russell, who was first attacked be-

cause of his. views on marriage, is now

under fire because of his status as an alien.

The Union pointed out that the only issue

involved was that of academic freedom.

The Union's stand was expressed in a

letter to the Board signed by seventeen

prominent ministers and educators. The

letter follows:

"All objections to Professor Russell on

the basis of opinions he holds on ethics

have no real bearing on the matter. The

work he will do involves logic and math-

ematics. If he is to be penalized because

of his theories on morals and' philosophy

the basic principle of academic freedom

is at stake. As a man, he is entitled to

hold any views, on any subject, that seem

valid to him. That liberty must not be

infringed because `he is a teacher. *

"Therefore, if Professor Russell were to

occupy a position which would enable him

to. teach his own philosophy, he would

still be entitled to a place in our schools.

Since, however, this is not the case, all

protests against his appointment are irrel-

evant."

Those signing the statement were:

Dr. John Haynes Holmes; Prof. Karl

Llewellyn, Columbia Law School; Prof.

Robert Lynd, Columbia University; Rev.

Frederick Reustle; Rev. John Paul Jones;

Prot. Morris.R. Cohen, City College; Dr:

Henry Neumann, Brooklyn Society for

Kthical Culture; Rev. Hartley J. Hartman;

Prof.. Hatcher Hughes, and. Prof. Paul

Brissenden, Columbia University; Rabbi

Jonah B. Wise;Prof. John L. Childs and

Prof. George Counts, Teachers College;

Rev.. John Howland Lathrop; Prof. Henry

Pratt Fairchild and Dr. Alonzo Meyers,

New. York University; and Prof. Horace

M. Kallen, New School for Social Research.

MRS. ROOSEVELT AT FORUM

Eleanor Roosevelt comes to the Modern

Forum Monday evening April Ist, when

she will lecture on `The Outlook for the

Future of America.'"' The Philharmonic

Auditorium will be the place where the

lecture is given, and it is predicted that it

will be filled to capacity as it was a year

ago, when she was here. Tickets ranging

from 50c to $2.00, plus tax, maybe re-

served by calling MUtual 0048.

GEYER BILL CURBING POST

OFFICE CENSORSHIP SUPPORTED

Arguments for enactment of the Geyer

bill curbing post -office censorship were

presented last week before a House Ju-

diciary sub-committee by representatives

of publishers, authors and the Civil Lib-

erties Union.

Among those appearing in behalf of the

measure were Morris L. Ernst, for the

Council on Freedom from Censorship,

A.C.L.U. affiliate; George Middleton, for

the Authors League; Fred Melcher, for

publishers; and S. John Block, for

National Lawyers Guild.

"The bill (H.R. 4923) proposes to trans-

fer to the courts the control of matter

barred from the mails by the Post. Office

Department.

the

a

FINGERPRINTING PROGRAM HIT

A proposal by the Toledo, Ohio, Junio,

Chamber of Commerce to fingerprint qj

citizens of Toledo has been denounced by

the local branch of the Civil Libertic

Union.

"Fingerprinting could be used to black.

list union members and _ strikers," gaiq

Russell E. Chase, Cleveland attorney fo,

the Union. "It is simply more evidence of

an effort to set up a Gestapo in this coup.

try. Next thing, they'll be seeking a do.

mestic passport law."

The fingerprinting program was sug-

gested as an aid in "`identification of am.

nesia victims" and of "thousands of per.

sons mutilated beyond recognition who are

buried in Potters Field because their fin.

gerprints were not recorded."

(Continued from Page 1, Col. 8)

"Suppresio Veri-Expressio Falsi,'' Bus..

Educ. World, Nov.

"Silence in the Court," New Republic,

Nov. 8

"Freedom of Worship" by H. Bosley,

Christian Century, Nov. 15

"Grapes of Wrath," Publishers

Weekly, Nov. 25.

yy nats "Your Opinigny, by Gv.

Denny, Jr., Current History, Dec.

"Propaganda Bogey" by D. Thompson,

Ladies Home Journal, Dec.

"Supreme Court on Handbills,"

Printers Ink, Dec. 1

"Ivy League Champion," New

Republic, Dec. 13

"Supreme Court on Leaflets," Railroad

`Trainman, Jan. ;

"Freedom of the Air' by M. Ernst and

A. Lindey, Sat. Rev. of Lit., Jan. 6

"Freedom of Speech" by M. Ascoli,

Amer. Scholar (Winter), 39-40

"Freedom of Religion,"

Scholastic, Oct. 16 ) |

"Freedom for the Thought We Hate"

by D. Lawrence, U. S: News, Oct. 16

3. LABOR'S RIGHTS

""American Civil Liberties,' Railroad

- -Trainman, Nov.

"More Victims in Minnesota,' New

Republic, Dec. 13

"Civil Liberties in Industrial Disputes,"

' Information Service Fed. Council of

Churches, Jan. 13

"Civil Rights in California" by C.

McWilliams, New Republic, Jan. 22

"Open Shop Under Fire," Business

Week, Jan. 27

"Private Police Systems' (Senate

Hearing) ,Twice-A-Year, 1939-40

4. ACADEMIC FREEDOM

"Defending Civil Liberties" by A. K.

Cutler and J. L. Mayer,

N.Y. Teacher, Nov.

"Teacher Freedom in a W. Va. County"

by E. V. Hollis, Frontiers of Democ.,

Nov.

"Dismissal of Dr. Fleischer," Nation,

Dec. 16

"Firing Professors at Montana U." by

H. H. Swain, New Republic, Dec. 27

" "Report on Academic Freedom" by

R. B. Rockwell, Nat. Educ.

Proceedings, 1939

5. RACE EQUALITY

"Ladies and Lynching" by L. T.

Nordyke, Survey Graphic, Nov.

"Fight for Jobs in. Washington" by

V. J. Browne, Opportunity, Nov.

"Courts and Negroes in Md." by H. J.

McGuinn, Social Forces, Dec.. -

`Suffrage in the South" by G. C.

Stoney, Survey, Dec.

"Lest We Forget" by C. McKay, Jewish

Frontier, Jan. ay

"Jim Crow Goes to College,' New .

Republic, Jan. 1

"Klan Kurbed,'' Newsweek, Jan. 29

"Let Freedom Ring (But Softly) ,"

New Republic, Jan. 29

. CENSORSHIP

"Censorship of Motion Pictures,"

Yale Law Journal, Nov.

"Administrative Censorship" by T.

Kadin, Boston U. Law Rev., Nov.

"NAB Code and Coughlin" by J. A.

Roney, Commonweal, Nov. 24

"Nearly a Perfect State (Va.),'' New

Republic, Nov. 29

"War Censorship," Wilson Library

Bull, Dec.

"That Library Serves Best,' Wilson

_ Library Bull, Dec.

"Wartime Censorship in U.S." by L. B.

Milner and G. Conklin, Harpers, Jan.

"Radio, Censorship, and Neutrality' by

C. Searchinger, Foreign Affairs, Jan.

7. CIVIL LIBERTIES and WAR

"Teachers Freedom and War," Amer. |

Teacher, Dec. ae

"Legal Status of Conscientious Object-

or' by H. G. Irion, Geo. Wash. U. |

Law Rev., Dec.

. ALIENS

"Recent Anti-Alien Proposals,"'

Columbia Law Rev., Nov.

"Aliens and Public Charge Clauses" by

L. M. Alpert, Yale Law Journal, Nov.

"Alien Crackdown," Newsweek, Dec. 4

"End to a Bad Law," New Republic,

Dec. 3

"Attack on the Alien,'? New Republic,

Dec. 2

"Citizenship of R. Schwimmer" by E.

McCausland, Twice-A-Year, 1939-40

9. DIES and La FOLLETTE COMMITTEE

"La Follette Quiz Lacks Fireworks,"

Business Week, Jan. 13

"Dies Committee and True American-

ism," Frontiers of Democ., Jan. 15

H

Qo

(Continued from Page 1, Col. 1)

Gallagher and A. L. Wirin, and Charles J.

Katz. The A.C.L.U. cooperated in the case

in the interest of the right to picket as

part of the right to freedom of speech.

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