Open forum, vol. 26, no. 13 (June, 1949)

THE OPEN FORUM

Official Organ of THE AMERICAN CIVIL LIBERTIES UNION, Southern California Branch

"When good people in any country cease their vigilance

and struggle, then evil men prevail."

-PEARL Buck

"Vol. XXVI

LOS ANGELES, CALIFORNIA, JUNE 25, 1949

No. 13

Supreme Court Accepts

L. A. Loyalty Test Case

Of Nationwide Significance

Case Should Receive

Widespread Popular Support

The Supreme Court of the United

States will determine whether Los An-

geles County workers must submit to the

type of "Loyalty Test" imposed by the

Board of Supervisors nearly two years

ago.

The court two weeks ago granted the

appeal of the AMerican Civ. LIBERTIES

Union counsel, Wirin and Okrand, for a

Writ of Certiorari, thus bringing before

them the combined Steiner-Parker case

which had been decided adversely by

the California Courts.

The Steiner case thus becomes a cause

celebre which may finally determine the

validity of witch - hunting procedures

across the country. The case was initi-

ated by the Southern California Branch,

the first of its kind filed in any court if

America. Unions of office employees later

filed the Parker case and the two were

joined before the Appellate Court since

the issues involved are identical.

It has been the contention of the

AMERICAN Civic Liperties Union that

the County Loyalty Check controvenes

and abridges the provisions of the Coun-

ty Charter; that it violates the Federal

Constitution in that it deprives plaintiffs

of freedom of speech and press, belief

and conscience, and abridges their right

of free association and to petition for

redress grievances; that it imposes an un-

constitutional condition upon the hold-

ing of public employment by the requir-

ing of a test oath imputing guilt by asso-

ciation; that it is an intrusion upon the

functions of the courts and is, in fact, a

bill of attainder; that it is an ex post facto

regulation; and that it establishes no

ascertainable standard, is vague, indefin-

ite and uncertain and amounts to a

dragnet, thereby permitting capricious

denial of liberty.

The AMERICAN Crvit LIBERTIES UNION

invites special contributions toward the

expense of this historically significant

case,

REVOLT GROWS

Against

WITCH HUNTING!

The California reaction against Ten-

ney and his pal, Alert-to-Good-Pay Gib-

bons, is characteristic of a nation-wide

revolt against all who have acted as

tools of interests and profit from public

hysteria.

The AMERICAN Crvit LiseRTIES UNION

led the way about a month ago when it

wrote Attorney General Clark urging a

thorough reform of the whole loyalty

program for which he is primarily re-

sponsible. The California Branches of the

Union understood the implications of

the President's Order when issued and

so opposed ALL "loyalty tests" from the

beginning.

Now, within a three-day period, Presi-

dent Truman, in a press conference, de-

cried the hysteria for which his own Ex-

ecutive Order is so largely responsible,

and many of the leading editors and

columnists of the country demanded an

end to the present American witch hunt-

ing.

Dieiine we quote a paragraph from

a New York Times editorial: "Freedom

Comes First." It is typical of a number

of editorials of the week that came to

our attention.

As samples of the warnings of leading

columnists we quote the following:

Marquis Childs-

"The wheels of the government loyalty

investigation grind on and on, and the

cost in money and time can be computed

with at least approximate accuracy. But

the cost in insecurity, in fear, suspicion,

and divisiveness cannot be computed. ...

"The fantastic lengths to which the loy-

alty search is being rushed are daily

more apparent. It would be absurd if it

were not so serious for the well-being of

the nation."

He then gives the case history of a 59-

year-old, nearly blind, typist in the Vet-

eran's Administration "to illustrate both

the absurdity and the tragedy of what is

happening. Quite apart from considera-

(Continued on page 2, column 2)

Yankwich Blasts

Police Lawlessness

Federal Judge Lists

Four Violations of

Citizens' Rights by Police

Police lawlessness was the theme of

a candid address by U. S. District Judge

Leon R. Yankwich speaking under the

auspices of the San Diego Citizens' Im-

provement and Protective League re-

cently.

The Judge listed four of the more

common violations of citizens' rights as

follows:

1-Arrests without reasonable cause.

2-Unreasonable search and seizure.

38-Use of third degree methods to com-

pel self-incrimination.

4-A subtle development of police tech-

nique which he called entrapment.

Practice "NECESSARY?

"That there is lawlessness in the ad-

ministration of law in the United States

today is an accepted fact," Judge Yank-

wich said. "Police administrators who

have been charged with it have in many

instances admitted the practice and de-

fended it as necessary. This is a serious

phase of the problem; it implies a re-

fusal to use intelligent methods. It also

implies a determination to blast the basic

principles of our legal order upon the

plea of necessity. This cannot be toler-

ated if we are to retain our legal and

constitutional order and our self respect.

Man May Resist

"A man who is being searched illegally

may resist and he also has a remedy

against the officer," Judge Yankwich de-

clared. "However, the remedy is more or

less illusory."

After scoring third degree police meth-

ods of exacting confessions from suspects;

the speaker turned to denounce the use

of entrapment, which he explained

"means that police, knowing a person is

about to commit a crime, may facilitate

or aid its commission by affording an

opportunity for it to be executed and lay-

ing traps for the offenders.

(Less cumbersome than "entrapment"

is the "getting" of innocent men as "vag-

lewds" in Pershing Square and other

public parks in Los Angeles.-Editor. )

PAGE TWO

California Regents

Out Tenney Tenney!

_ Make Future Checks for

Faculties and Employees

Dependent on New Oath

The Board of Regents of the Univer-

sity of California seems anxious to claim

a niche along with Jack B. Tenney in a

Hitler Hall of Memories. It has an-

nounced that it will require a new oath

from all of its 4,000 full time faculty

members and administrative employees.

All have already subscribed to a regular

professional, ritualistic oath but to this

must be added the following:

"I do not believe in and am not a

member of, nor do I support any party

or organization that believes in, advo-

cates or teaches the overthrow of the

Government of the United States by

force or by any illegal unconstitutional

methods."

That intelligent people should gag at

such a requirement for professionally

trained teachers is implied in the com-

ment credited to Dr. George Pettit, as-

sistant to President Robert G. Sproul-

"We don't like the idea of oaths-nobody

does." Then followed an excuse which

for irrationality tops the worst of Ten-

ney's blustry comment: "But," said Dr.

Pettit in the face of the cold-war hysteria

we are now experiencing, something had

to be done. We feel the public is en-

titled to know how the Regents and the

faculty feel about the question of loy-

alty."

Facutties WILL Ficut?

There is an ugly rumor abroad that

this action was taken by the big busi-

ness dominated Board of Regents in the

absence of President Sproul, who might

have spoken for self-respecting profes-

sional men and women.

It is reported that the University Sen-

ate on the Berkeley Campus voted over-

whelmingly to ask President Sproul to

request the Regents to reconsider and

withdraw their demand. The Senate on

the UCLA campus has not met as we go

to press, nor have we had word of the

action taken by smaller faculties at the

six other schools of the University.

Tue SHAME OF THE REGENTS

The University is put in a particularly

bad light since the attempt of the Ten-

ney Committee to force through the state

legislature a law requiring all teachers

in California to take such an oath was

defeated. Heading the strong public op-

position was a group of outstanding

Berkeley professors, chiefly from the po-

litical science department. This group

REVOLT GROWS...

(Continued from page 1, column 2)

tions of justice and ethics, it illustrates,

too, the waste of time and money in a

pursuit that seems to have less and less

relation to the realities and necessities

of the present day.

... It seems to me high time that we

asked ourselves some searching ques-

tions about our present state of near

hysteria."

Samuel Grafton-

"If prevailing trends continue, in this

matter of solving the loyalty problem,

the citizens of this country are going to

end up divided into a number of rather

curious categories."

Walter Lippman-

Considering "various proceedings, all

of them under official auspices of one

kind or another," Walter Lippman con-

cluded that:

"It is about time to consider whether,

as the showy investigations are now con-

ducted, we are combating Communist

propaganda or providing it with superb

material to frighten our friends and cheer

up our opponents....

"For if the principles of freedom do not

mean loyalty to truth and justice, re-

sponsibility to the public interest, a de-

cent respect for one's neighbors, and

some charity, then freedom will perish

in its own home, having become nothing

more than the license to subvert the nor-

mal foundations of freedom.

"This government, in view of the his-

toric responsibility and the gigantic bur-

den it bears, cannot be conducted in the

kind of uproar which now prevails.

"... The American people deserve

something a great deal better from men

who sought their votes, and profess to

represent them and serve them.

"And some fine day they will become

sick and tired of the little ranting, strut-

ting men. Then they will insist that this

disorderly conduct come to an end, and

that the great decent majority in Con-

gress reassert their rights and their dig-

nity and their authority."

issued a statement which should have

had the support of the Regents of the

University. At the University of Chicago

the Board of Trustees did not wait for

faculty. members to be attacked. The

Board let the legislative inquisitors know

that they stood for full academic free-

dom. The Berkeley professors said:

"It is a confession of little faith to argue

that, after 150 years of existence, Ameri-

can institutions can now be preserved

only by a resort to suppression and per-

secution."

THE OPEN FORUM

Carter Withdraws

Witch Hunting Question

Los Angeles Lawyers Rally

To Defense of Margolis

In Contempt of Court Case

The Los Angeles phase of the Depart-

ment of Justice witch - hunt through

Grand Juries reached a dramatic climax

in Judge Peirson M. Hall's Court a week

ago.

The Department evidently questions

the ability or aggressiveness of its local

District Attorney, James M. Carter, so

it sent out a special Assistant Attorney

to make sure that Communists "get the

works." During the proceedings, Ben

Margolis, Attorney for the defendants,

was put on the stand and asked the $64

question - "Are you a Communist?"

Knowing full well what is happening to

people answering this question either in

the affirmative or in the negative, Mr.

Margolis refused to answer. Judge Hall

thereupon held him in contempt and

committed him to the custody of the

United States Marshall.

If Mr. Carter has really believed that

opposition to his current Grand Jury pro-

cedures is limited to Communists, he

should have been convinced to the con-

trary the next morning when some twen-

ty of the leading attorneys of the city

walked into the court room prepared to

do what they could to safeguard the

rights of their fellow attorney. At the

counsel table along with Mr. Margolis

and his partner, Mr. McTernen, sat A.

L. Wirin, counsel for the AMERICAN

Crvi. Liserties Union; Robert Kenney,

former Attorney General of California,

and Herbert Ganahl. :

In a surprise move, United States Dis-

trict Attorney Carter, withdrew the ques-

tion of the previous day. This automatic-

ally disposed of the contempt charge

against an attorney and permitted "the

government" to proceed with its attempt

to force laymen to disclose what can be

of value only to persons set on `persecu-

tion for beliefs and association-an un-

American objective.

Most interesting was Mr. Carter's ad-

mission that to continue' with action

growing out of Mr. Margolis' refusal to

answer would not improve "the record'

for appeal purposes. 8

"The wisest move Mr. Carter has made

in the whole procedure," remarked an

attorney.

"There never has been a war for `de

fense' - NO, NEVER." - Col. Chas. E.

Wood, in "Debunking War."

tea oe

THE OPEN FORUM

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OFFICIAL ORGAN

AMERICAN CIVIL LIBERTIES UNION

SOUTHERN CALIFORNIA BRANCH

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BOARD OF DIRECTORS

J. W. MacNarr Rev. ALLAN HunTEen

Chairman KATHERINE KILBOURNE

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Entered as second-class matter April 24, 1946,

at the post office at Los Angeles, California,

under the Act of March 8, 1879.

60

Los Angeles, California, June 25, 1949

There is a destiny that makes us brothers;

_ None goes his way alone;

All that we put into the lives of others,

Comes back into our own.

-Edwin Markham.

Tae Norta ATLANTIC Pacr is com-

mended by President Truman as an asso-

ciation of democracies; Greetings, demo-

cratic Portugal! And consider the tender

leelings of the Netherlands for democ-

lacy in Indeonesia!

ANOTHER DOOR FORCED OPEN-Judge H.

Church Ford of the Lexington, Ky., U. S.

District Court ordered the University of

Kentucky to admit to its Graduate School,

_lyman T. Johnson and all other Negroes

`milarly situated. Another score for the

tard and quick hitting NAACP!

The opportunity of each individual to

obtain useful employment . . . must be

Provided with complete disregard for

`ace, color, creed, and national origin.

Without this equality of opportunity the

Individual is deprived of the chance to

develop his potentialities and to share

the fruits of society. The group also suf-

s through the loss of the contributions

Which might have been made by persons

*xcluded from the main channels of so-

"al and economic activity-Report of the

tesident's Committee on Civil Rights.

sh

A PARAMOUNT NEED!

Today more than ever before there is

a vital need for freedom of research and

teaching. The entire world is in the proc-

ess of fundamental transformation. To

avoid chaos or dictatorship, we must not

only maintain but extend our heritage of

freedom of inquiry and of teaching.-

From ACLU pamphlet on Academic

Freedom

GOOD BUSINESS

Civil Liberties are as good for business

as rain is for wheat. If such liberties are

restricted and ignored, not only the indi-

viduals will suffer; business, too, will

suffer.-Charles Luckman, President of

Lever Brothers, in an article entitled

"Civil Rights Mean Good Business."

LAWYER PATRIOTISM

"It all depends on whose ox is gored"

has been tragedically illustrated in the at-

titude of the legal profession toward the

Tenney Loyalty Oath Bills. So far as we

know there had not been an official peep

out of any lawyer's organization against

the existence and methods of the un-

American Tenney Committee -- UNTIL

Tenney undertook to pass a law requir-

ing lawyers to subscribe to a_ political

purity oat. Then resolutions were passed

and delegations sent to Sacramento.

Even then not a word was said about re-

quiring similar oaths of teachers, govern-

ment employees, etc.! Here is an example

of narrow, selfish interest in American

standards and ideals that ill becomes the

legal profession-of all citizens! Had they

been "in there pitching" for the civil lib-

erties of others their own rights would

never have been attacked.

FREEDOM COMES FIRST!

Commenting on the FBI revelations

at the Judith Coplon trial and the smear-

ing of California's Tenney Committee the

New York Times concluded editorially-

"In every case we should reserve judg-

ment until proof is produced. Even in the

cases of admitted Communists what is

important is not the fate of the individ-

ual, but the policy to be adopted by the

national and state governments toward

the Communist party as such. There is

as yet no unified policy. Eventually we

will have to have one. Meanwhile, it is

of the utmost importance that the whole

American institution of freedom of

thought and freedom of expression be

preserved. We need the free and inquir-

ing liberal mind. We need it even when,

as has happened and may happen again,

it honestly wants the same things that

the Communists disingenuously say they

want."

PAGE THREE

DOES JOHNSON MEAN IT?

"If the Secretary of Defense really in-

tends to implement a policy of equality

of opportunity," asserted Ray Wilkins,

NAACP assistant secretary, "a necessary

concomitant step is the abolition of seg-

regation. . . . It needs to be said once

more that in initiating this policy the

national military establishment is not

making a daring and dangerous experi-

ment far in advance of overwhelming

`American practice. Rather, the armed

services are lagging behind a policy

which, in two-thirds of the nation, inter-

poses no legal barriers to integration into

education, employment, housing, recre-

ation, travel, and places of public ac-

commodation."

EXPLAINING TENNEY

Whether among those who want to

be considered liberals or progressives,

or among those who for altruistic or sel-

fish reasons at some time affiliated with

the Communist Party there are none so

bitter, and often so neurotic, as the ex-

sympathizers and ex-members.

The Los Angeles Daily News has made

a real contribution toward a fundamental

understanding of the Nazi-like perform-

ances of Senator Tenney by calling to

public attention the 1988 sworn testi-

mony of the Dies Committee in a special

California hearing. Says the editorial

writer, "The testimony was to the effect

that the then Assemblyman Jack B. Ten-

new was one of the leaders, in the lower

house of the Legislature, of the Com-

munist Party apparat in California and

was one of the big figures charged with

directing the CP's strategy in that body."

Since Tenney wants citizens to take

seriously the results of his "hearings" he

should not question the Dies "findings."

However, the editor gives him the bene-

fit of a doubt as follows: "In all fairness

it should be stated that not too much

credence should be given this testimony.

Like much of the testimony Tenney him-

self has garnered, the Dies information

was spewed forth by highly questionable,

if not actually mentally ill characters."

This understanding concession makes

the more devastating the editor's conclu-

sion, "But what may be given credence-

what, in fact, may lend a reasonable, if

alarming, amount of belief to this early

identification of Tenney as a Red -is

Tenney's own subsequent (and current)

behavior. For Tenney consistently has

followed the party-line practice of un-

dermining the fundamental structure of

our constitutional democracy."

PAGE FOUR

College Speaker Scores

Tenney "Red" Report

The much observed rule of commence-

ment speakers that they ignore contro-

versial subjects was refreshingly ignored

by Leo M. Charne, executive secretary

of the Research Institute of America, at

the recent commencement exercises of

Brooklyn College (New York City).

Before a record class of 2,210 contain-

ing 695 veterans, and some 7,000 visitors,

Dr. Charne declared that the reckless

anti-Communists who call everyone who

disagrees with them a Communist "throw

up a smoke screen behind which the real

Communist can effectively hide . . . the

existence of the Communist as a real

person, separate and distinct from others,

must not be obscured."

By way of specifics, the speaker re-

ferred to the "shotgun barrage" of the

House Committee on Un-American Ac-

tivities and of California's Senate Com-

mittee on Un-American Activities, which

named several hundred persons as hav-

ing "followed or appeased some of the

Communist party line program over a

long period of time."

Supporting the Los Angeles Daily

News judgement that Tenney is Mos-

cows most effective tool, Dr. Charne

continued with the California Report:

"When, as within the last week, a

Pearl Buck and a Helen Gahagan Doug-

las are linked to the Communist line by

a legislative committee, a serious offense

against democracy is committed-an of-

fense beyond injustice. It is the offense

of aid to the totalitarians.

"By associating these people-as when

Eleanor Roosevelt was so widely called

`Communist'-the genuine member of the

Communist party and the consistent fol-

lower of the zigzag line are given the re-

spectability they so poorly deserve.

"We cannot help but conclude that the

investigator has a poor nose for dictator-

_ship-because actually he cannot smell

democracy."

LIKE SALT THAT POURS!

"The OPEN FORUM continues to be

the best investment since the invention

of salt that pours.... Keep up the good

work," writes a Pasadena reader.

TENNEY BALKS AT THIS

OATH?

An editorial on "The Folly of Loyalty

Oaths," by L.E.C. in the Los Angeles

Daily News, pointed out that "if Senator

Tenney wanted a better test he could

have made his proposed oath read, `and

I have never at any time been a member

of any organization that is regarded by

the government as subversive.'

"Why didn't he do that? What did he

fear?"

What this Gestapo-like presiding offi-

cer at "hearings" fears is his own listing

by the Dies Committee - before he

changed his registration to that of a

Republican and became an authority of

communism.

L.E.C. summarizes the work of the

Tenney Committee as follows:

"Frankly, we do not believe Tenney

or his committee . . . has brought to earth

a single Communist or disloyal person.

They have exposed a lot of things every

one knew from reading the newspapers.

They have smeared a lot of liberals who

never have been Communists and never

will be. They have brought considerable

discredit to the Senate through the com-

mittee's misconduct. They have spent a

great deal of the taxpayers money to

glorify one man who during the middle

30's was spending the taxpayers' money

fighting on the side he now opposes.

"...@ highly respected section of the

public that favors honest action against

Reds has become fed up with what is

now going on under the guise of chasing

Communists." | ;

WORLD GOVERNMENT

Associate Justice William O. Douglas

of the U. S. Supreme Court was the prin-

cipal speaker at a great mass rally held

in Madison Square Garden, New York,

recently. Even if Russia should refuse to

join in a democratic world government,

Justice Douglas contended "the western

world can assuredly find in it new. hope

and promise for peace"-something more

than "merely a defensive pact."

He urged adherence to four principles

of action.

"First, we must cling to the United

Nations," he said. "We must not discard

THE OPEN FORUM

Social Workers

Swat Loyalty Tests

"Undemocratic practices" used by gov-

ernment representatives in loyalty inves-

tigations were resoundingly condemned

by a unanimous vote of the American

Association of Social Workers, official or-

ganization of the social workers of the

country, assembled in a great convention

of nearly 7,000 delegates in Cleveland

last week.

"Both legislative and executive agents

have frequently violated fundamental le-

gal rights and democratic traditions in

their concern with loyalty matters," the

resolution declared. It was pointed out

that "irresponsible accusations" and a

disregard of basic legal protections that

have long been accepted as a part of

the American heritage have resulted in

many people being "deprived of reputa-

tion and livelihood."

The resolution also stated that the as-

sociation would work "in every way pos-

sible to further the abolition of such un-

democratic practices," since social work-

ers "have a fundamental concern with

the human and civil liberties of all indi-

viduals."

The AMERICAN Civit LIBERTIES UNION

has recently urged the abolition of loy-

alty tests in all but "sensitive depart-

ments." The Southern California Branch

has from the first been opposed to ALL

"loyalty tests."

BETTER BEGIN TO

CONSIDER!

The curtain has just rung down on a

great show and carnival of death, and

the air is still poisoned and we are pol-

soned. Our strength and intelligence

have been used to counter the very

and purpose of the earth. We had better

begin considering, not what our govern-

ments want but what the earth imposes.-

Henry Beston in Northern Farm.

eee

or weaken it. We must strengthen it by

using its machinery to evolve a system

of world government.

"Second, the offer of federation must

be made to all nations.

"Third, the form of world govern

ment, which we sponsor, must not be

conceived as a defensive alliance nor ap

aggressive instrument against any nation

or group of nations.

"Fourth, the federation which we pro

pose must permit diversity in economic

and political ideas to flourish among the

constituent members."