vol. 5, no. 6

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, JUNE, 1940 No. 6

S. F. STREET MEETING PLAN

Consult Captain of the District For Proper Location Says Chief

In a letter addressed to the Committee on Civil Liberties of the San Francisco Bar Association, Charles W. Dullea, Chief of Police of San Francisco, declared that his department “has no objection to holding of street meetings’? so long as they do not interfere with the rights of others. At the same time, he proposed that groups holding street meetings should “consult with the captain of the district so that he may suggest to them points where their street meetings may be legally conducted.”

“No Basis for Action’’

The letter from the Chief of Police grew out of the breaking up of three street meet- ings held by the Federal Unemployed Council during April. The A.C.L.U., among other things, called the matter to the atten- tion of the Bar Association’s Committee as a fit subject for its attention. Following receipt of the Chief’s letter, the Committee took the position that “At this stage it would seem that no basis for action by this committee has yet been shown. As long as the police recognize the constitutional right involved, and assert their intention of respecting it at all times, the question whether in a particular instance a police officer has exceeded his orders or discretionary power would seem to be a matter for the courts to handle. On the other hand, this committee might properly act where the right itself is denied, or where public officers, although ostensibly conceding the right, consistently deny it.’”’ The Committee suggested that the Chief’s plan ‘“‘would seem to be worth trying.”

The proposal, however, does not seem entirely satisfactory. The A.C.L.U. has found in the past that the corners suggested by the police as satisfactory for street meetings are in remote places where it is highly difficult to attract an audience. That does not constitute fair regulation but virtual prohibition.

Duty of the Police

Also, the Chief fails to mention the duty of the police not to interfere with the right to hold street meetings, but to lend their assistance in maintaining order and a free passageway for pedestrians. To that end, it would seem highly desirable to notify precinct captains of street meetings. Generally, however, where a reasonable flow of traffic is blocked, the police undertake to withdraw the right by breaking up the meeting rather than by clearing a way for pedestrians.

The. letter of the Chief of Police follows:

“IT am in receipt of your letter of May 7, 1940, in which you enclose copies of com- munications dated, respectively, April 16 and April 24, 1940, from Mr. Ernest Besig, Director, American Civil Liberties Union, 216 Pine Street, San Francisco, dealing with interference by members of this department with groups who hold street and sidewalk meetings. In reply I wish to advise as follows.

“The responsibility of keeping sidewalks open for ordinary pedestrian travel devolves upon this department, so does the responsibility to keep the streets and high ways of this municipality open for ordinary traffic.

Public Nuisance

‘Section 370 of the penal code states that the unlawful obstruction of the free pass- age or use in the customary manner of any public street or highway is a public nui- sance and section 372 of said code punishes the said offense as a misdemeanor.

“Section 157 of the police code states that ‘whenever the free passage of any street or sidewalk shall be obstructed by a crowd except on the occasion of public meeting the persons composing such crowd shall disperse or move when directed to do so by any police officer.’

“Tt will be noted from Mr. Besig’s correspondence that the meetings to which he refers were held at Fillmore and O’Farrell Streets and at Sixteenth and Mission Streets, respectively. It must be borne in mind in this connection that the two locations selected are points where pedestrian travel and vehicular traffic are generally

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BILL TO DEPORT HARRY BRIDGES ASSAILED BY A.C.L.U.

The House Immigration Committee has been urged by the American Civil Liberties Union to recall for further consideration a bill favorably reported calling for the deportation of Harry Bridges, west coast maritime leader.

In a telegram to Rep. Samuel Dickstein, chairman of the House Committee, the Civil Liberties Union said: ‘‘We note with grave concern the unprecedented action of the House Immigration Committee in reporting favorably a bill for the deportation of Harry Bridges. This is a clear attempt to do by special legislation what cannot be accom- plished under present stringent deportation laws. If the precedent is allowed to stand, any alien opposed by powerful interests can be similarly singled out. Action in this case, in the light of the report of Dean Landis, leaves the conclusion inescapable that it was taken in response to employer interests opposed to organized labor.”’

Brutality Charges Whitewashed by S. F. Police Department

The American Civil Liberties Union has challenged the findings of a San Francisco Police Department investigation clearing Officers George S. Curtis and Edgar Shea of the Check Detail of brutality charges. Vergel F. de Dios, 108 lb. Filipino, had complained that the two officers beat and kicked him in an effort to extort a confession that he forged a check.

The police report written by Captain Bernard McDonald asserted that prison medical records of Drs. D. M. Campbell and Lee Hand showed that the Filipino suffered “no contusions, abrasions, or injuries.”’ It explained that de Dios sought to escape from the officers when they arrested him in his hotel room, that he pushed his landlady, and that he was then hauled back into his room by the undershirt.

The A.C.L.U., in a letter to Charles W. Dullea, Chief of Police, charged that the conclusions were contrary to the evidence. | The Union insisted that it had examined the City Prison “‘Doctor’s Book” and found two entries, one describing a ‘‘possible right rib fracture, front,” and the other an “abrasion of left side chest.’? Ernest Besig, director of the Union, declared that more than seven weeks after the beating occurred there were still bruises on the comp!ainant’s body and markings from the adhesive tape that had been used to strap his chest.

Mr. Besig claimed that he also interviewed the landlady mentioned in the police report and that she denied the police story that de Dios had pushed her or sought to escape. An escape try was declared unlikely because the complainant had been aroused from his bed at the time of the arrest and was wearing merely a pair of shorts and an undershirt.

“In view of the fact that the evidence in this case, particularly the medical records which are in the Police Department’s possession, contradict the report made by Cap- tain McDonald,” declared Mr. Besig, “I respectfully submit that your office should reopen its investigation and take disciplinary action against the officers involved.”

FORD DEPORTATION BILL ASSAILED BY A.C.L.U. AT HEARING

At a second hearing on the Ford bill (H. R. 8310) to deport any alien “‘sympathetic’? with Communists, the Civil Liberties Union placed in the record its arguments against the measure. In a memorandum filed with the House Immigration Committee, the Union held that the act would be impossible of enforcement because nobody is capable of determining what alien “by his words or acts” is sympathetic with Communists. The Union also © “pointed out that it would affect scores of trade union leaders in whose unions Communists are found.

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LET FREED

Dies Asks for $100,000

Taking advantage of the Trojan Horse and fifth column hysteria, Rep. Martin Dies has demanded an additional $100,00 for his Special Committee on Un-Ameriean Activities, which he will no doubt receive without much opposition. Created by the House in 1938, the committee has thus far received $200,000.

Peaceful Picketing Is a Constitutional Right

“Publicizing the facts of a labor dispute in a peaceful way through appropriate means, whether by pamphlet, by word of mouth or by banner, must now be regarded as within that liberty of communication which is secured by the Fourteenth Amendment against abridgement by a state.” tice Murphy in Carlson v. The People, decided April 22, 1940.

The Right to Counsel

The Connor case, involving the right to be represented by counsel in a criminal pro- ceeding, has been set for a hearing before the State Supreme Court on July 9. The record in the case shows that while Connor may have waived counsel in the prelimi“nary proceedings he repeatedly requested counsel when the case went to trial. A.C.L.U. Attorney Wayne M. Collins will argue the matter for Connor.

Election Returns

Kathleen D. Tolman, Allen C. Blaisdell, James R. Caldwell, Alexander M. Kidd and George R. Stewart, Jr., were elected members of the Executive Committee of the Berkeley unit of the A.C.L.U.’s Northern California branch.

Redwood City Defies the Supreme Court

Redwood City recently sought to prevent the distribution of religious literature in defiance of recent Supreme Court decisions when the Chief of Police personally ar- rested William McCormick, a member of Jehovah’s Witnesses, for selling and giving away copies of Consolation magazine. The arrest was made under an ordinance requiring a license for the solicitation of subscriptions to newspapers and magazines, and for the collection of funds for charitable purposes.

Richmond Handbill Ordinance

In Richmond, protests resulted in objectionable features of a new handbill ordi- nance being eliminated. The, proposal would have limited the hours of distribution of any handbills fro 8 a. m. to 5 p. m., thus effectively prohibiting distribution to workers at factory gates, or at evening meetings.

Anti-Indigent Statute

Constitutionality of the anti-indigent statute, prohibiting persons from aiding indi- gents to enter the State, will be determined in a Marysville case now under submission - to the Superior Court. Another test case in Tulare County had been carried to the District Court of Appeal in San Diego, where a writ of habeas corpus was made returnable on June 11th. In the meantime, however, the sheriff released the man, Richard Ochoa, on parole, and advised Raymond Henderson, that he was out of the jurisdiction, probably in the State of Arizona. Consequently, that case will have to be dropped.

Whitewash of F.B.I. Raids In Detroit Assailed by Union

The report of the head of the Civil Liberties Unit to the Attorney General on the Spanish recruiting cases in Detroit last February reveals an attitude toward civil rights which is not shared by the American Civil Liberties Union, Roger N. Baldwin, A.C.L.U. director, declared in a review of the issues involved.

Five A. M. Raids

“The report excuses arrests by the F.B.1I. made at five o’clock in the morning on the ground that in a conspiracy case this is the best time to insure arrests. This extra- ordinary procedure has not, so far as we know, been followed in other cases, and it seems evident that there was no justification for so proceeding in Detroit.

“Beginning with the arrests, all of the proceedings indicated that the F.B.I. was acting as if these were dangerous criminals indicted on serious charges. Plain common sense would have indicated that the contrary was true. Practically all the defend- ants were residents of Detroit for many years, and there was no reason to assume that they could not be arrested at a reasonable hour. Forty-six agents were assigned to make the arrests of eleven people! The responsibility for the manner of the arrests rests upon Mr. J. Edgar Hoover, chief of the F.B.I., who gave the instructions.” Admit Unlawful Searches The report excuses the search of the defendants’ homes without search warrants, allegedly “in full accord with the regulations of the F.B.I. and with advice which had been received from an assistant United States attorney.” The report admits that under the court decisions the searches were in part unlawful. In the Union’s judgment they were wholly without justification.

“The report further admits that the defendants were not permitted to get in touch with counsel until just before they were arraigned. The indictment was impounded and could not be seen by counsel. The report admits that the time given for consultation with counsel was insufficient, but does not condemn as it should this unwarranted denial of defendants’ rights. The report furthermore excuses the use of handcuffs and a chain to which the defendants were attached, and appears to justify the procedure although regretting it. That procedure was similarly inexcusable.”

Excessive Bail

According to the Department of Justice report, the excessive bail fixed by the court on demand of the District Attorney, in some cases $20,000, is regarded as outside the ‘“‘purview of the department’. Mr. Baldwin contended that the amounts fixed indicate also the ‘“‘wholly unjustified attitude’ of all of the federal officials concerned with the case in treating the defendants “‘with exceptional severity.”

Berkeley School Board Considers Communist Use of Schools

The Berkeley Board of Education on May 15 rejected a motion “That any application for use of Berkeley school buildings as meeting -places requested by the Communist Party or any individual or group affiliated with said party be denied.” Submitted by Mr. C. L. Ziegler, the motion failed to receive a second.

Instead, the Board adopted a motion requesting its legal adviser, District Attorney Ralph Hoyt, to confer with it concerning an opinion which he had previously given. Board members criticized the opinion because it declared there was sufficient evidence before the board to support a determination denying the use of the schools to the Communists without specifying the evidence. It was also felt that the Communist Party should not be barred from the use of the schools as an illegal group so long as its members are not prosecuted under the criminal syndicalism law.

In a letter read to the Board, the A.C.L.U. pointed out that the District Attorney’s opinion was unfair because it failed to advise the Board that there was sufficient evidence to sustain a determination granting the use of the schools to the Communists. All the law requires, said the Union, is some evidence to support the exercise of the Board’s discretion.

The A.C.L.U. also criticized the Attorney General for rejecting a proposal to require all applicants for the use of the schools to give an affidavit declaring that they do not advocate the violent overthrow of the government. The Union insisted that such an affidavit would be sufficient legal evidence to support a determination granting the use of the schools to an applicant. But if any taxpayer was dissatisfied, he could always seek injunctive relief in the courts.

“As a practical matter,’ said the Union, the Board’s proposal simply to require an affidavit from an applicant in order to secure the use of a school has great merit. It would obviously eliminate the prolonged debates that usually attend the consideration of applications by unpopular groups and which seriously interfere with the Board’s usual work. It would also tend to encourage rather than discourage freedom of speech and assemblage, which is the sur‘est method of continuing our democratic ideals.”

Police. Officers Indicted On Manslaughter Charges

A. D. Pierce and Glenn Hancock, Oakland police officers, have been indicted by the Alameda County Grand Jury on manslaughter and assault charges in consequence of the death of Fred Fernelius, Oakland WPA worker. Fernelius died as a result of a clubbing administered by the officers in the city jail.

Fernelius was 33 years old, married, and the father of four small children. His wife is sickly and he had been compelled to perform most of the household work. He had been working on the WPA but recently lost his job.

At the time of his arrest he was acting strangely, but police booked him on a drunk charge while suggesting that his— wife swear out an insanity complaint. The morning after his arrest he dashed from a line-up in the jail and was subdued by — the two officers. According to the testimony of witnesses, the officers continued to beat Fernelius about the head with their clubs after he had been handcuffed and was lying unconscious on the jail floor. The autopsy showed that the left side of his brain was beaten into a veritable pulp. The A.C.L.U. interested itself in the case because of the alleged cruel and unusual punishment inflicted upon Fernelius. Its Alameda County members joined in urging District Attorney Ralph Hoyt to conduct a full and fair inquiry into the killing. The results of the inquiry are unusual, because most brutality charges against police offi© cers are whitewashed.

Heber J. Brown of Oakland and W. Glenn Harmon of San Francisco, attorneys for the widow, have announced that they will file damage suits against the police officers and certain city officials. A public demand is growing, too, for a full investi gation of Oakland city jail conditions.

BERTRAND RUSSELL DENIED RIGHT TO INTERVENE IN OUSTER CASE

Bertrand Russell has been denied permission to become a party to the court pro- ceedings which recently resulted in cancellation of his appointment to the City Col- lege of New York faculty. The ruling was — made on an appeal taken to the Appellate Division of the New York State Supreme Court.

Civil Rights Threatened By ‘Fifth Column’ Hysteria

The following letter was recently sent to the San Francisco Chronicle by Ernest Besig, local director of the A.C.L.U., commenting on a story that “‘Nazi agents’ had been mobbed in Del Rio, Texas:

“The hysterical lengths to which the United States may go in its opposition to alleged “Fifth Column” activities is plainly demonstrated by the United Press story from Del Rio, Texas, carried in your May 23rd issue, entitled “Nazi Agents Are Mobbed.”’ The story relates how three persons distributed Nazi literature entitled The Watchtower, bearing a swastica on the cover, and ‘forced’ housewives to listen to pro-Nazi phonograph records. A mob of 400 persons, ‘headed by ex-service men,’ finally seized and burned the literature and drove the ‘Nazi agents’ from the community.

“That story is either an extreme case of mendacious reporting or is worthy of a Pulitizer prize for reportorial bungling. There is just enough truth in it to show any informed person that the ‘Nazi agents’ were Jehovah’s’ Witnesses, a religious group strongly opposed to all organized religion. In their tireless missionary zeal they do distribute a magazine entitled ‘Consolation,’ published by the Watchtower and Bible Tract Society of Brooklyn, New York.

“They are not concerned with politics, and there is no basis for saying Jehovah’s Witnesses are pro-Nazi. Indeed, in Germany, thousands of these ‘Ernste Bibel- forscher,” as they are called, have been lodged in concentration camps because they refuse to give the Nazi salute on account of religious objections. And since they are also opposed to war, it is safe to say they are not particular friends of Mr. Hitler.

“They do go about. from house-to-house playing phonograph records with their par- ticular message to anyone who will listen. If the United Press correspondent had read recent press dispatches from Washington, he would have known that the Supreme Court lately considered an issue arising from the playing of such records, and that they have absolutely nothing to do with Nazism but with the particular religious beliefs of these people.

“Perhaps someone ought to investigate the United Press correspondent to determine whether he is an agent of a Fifth Column. Certainly, he did an excellent job of obscuring a flagrant denial of civil liberties and successfully played upon the fears of the people.

‘We do not have to look for a ‘Fifth Column” among the sympathizers with foreign countries. In our midst we have a more dangerous ‘Fifth Column’ composed of alleged supporters of the democratic processes who have the strange notion that they can preserve liberties for themselves and their posterity by denying it to others. The need for vigilance in protecting our liberties against such people is always present. But in the face of the present war hysteria, that vigilance must be redoubled.”

WAR PROBLEM SOLVED

During the past month the A.C.L.U. intervened in behalf of thirty Danish sailors held at San Francisco on the East Asiatic Line’s Motorship Erria. The seamen wanted to return home, while the company, contrary to its contract with the crew, planned to send the ship to Vancouver, where the sailors would be in jeopardy of internment. The local Immigration Service refused to permit the sailors to land on the ground that there was no showing they would be able to return to Denmark before the end of the present conflict. The Immigration Service in Washington, however, granted permission for them to disembark and they headed homeward via New York.

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A Summary of “Fifth Cainiin’ Hysteria in the United States

“Fifth column” hysteria in California has led to the formation of a “sixth column” in Lindsay, Tulare County, for the avowed purpose of combatting the “fifth column.”’ Not to be outdone, Angelenos have established “America’s Sixth Column, Inc.,” and articles of incorporation have already been filed in Sacramento. Monterey Legionnaires will stalk the Trojan Horse with ‘“‘home guard” rifle clubs to be licensed by the Governor and to function under the National Guard. The Legislature recently adopted a resolution endorsing the panoplists, besides urging Congress to outlaw groups ‘“‘such as Communists and other subversive elements.”

District Attorney Buron Fitts of Los Angeles intends to place the 100 leading Com- munists of the southern city under surveillance, and the Board of Supervisors there has authorized the preparation of an ordinance requiring registration and finger- printing of aliens. Already the Board has ordered persons affiliated with ‘‘anti-gov- ernment organizations” stricken from county relief rolls.

Mob Violence Stimulated

Nationally, “fifth column” hysteria led to the mobbing of three Jehovah’s Witnesses in Del Rio, Texas, as “nazi agents,” and the holding of eleven asserted Communists in protective custody in Pekin, Illinois, after they were mobbed while distributing lit- erature and seeking signatures to place the Communist Party on the Illinois ballot. In Georgia, the Governor has ordered all aliens to be registered and fingerprinted.

Martin Dies, a shrewd judge of columnists, is cashing in heavily on the publicity for the ‘fifth,’ as are Senators Robert H. Reynolds and H. (for Harry) Styles Bridges. Any real problems that confront . them have undoubtedly been much lightened by the assertion of Novelist Clarence

ATTORNEY GENERAL BOWS TO THE WILL OF A MOB

The American Civil Liberties Union has protested the recent opinion of Attorney- General Earl Warren upholding the action of the Vallejo Board of Education in revoking a permit for a meeting to be addressed by Harry Bridges. The Attorney General held that a Board “may refuse or revoke permission for civic center use of the property if it has reasonable ground to conclude that the use will result in damage caused by disorderly conduct or riot without reference to the applicant or subject matter.”’

In a letter to Mr. Warren the Union declared that ‘“‘To withhold permission to use the civic center because of the threats of destruction of school property by opponents of such use is to bow to the will of a mob.”

“We think it ig an extraordinary thing to assume that the right of an organization to the use of a school building for a peaceful meeting can be taken away because wrong- doers threaten violence. Surely there should be an adequate showing that the Chief of Police is unable to provide the protection necessary and that application without avail has been made to the Governor to exercise his power to call forth the militia to execute the laws of the State.”

Citing several court decisions, the Union contended that the Attorney-General’s opinion was contrary to law and therefore should be reconsidered.

APPEAL IN SPIVAK CRIMINAL LIBEL CASE ARGUED

The Superior Court at Pittsburgh recently heard arguments on the appeal of John L. Spivak from a lower court decision denying him a writ of habeas corpus in his fight against extradition to Kansas on a criminal libel charge.

Budington Kelland that the “fifth column” in the Unite ates is “headed by that fellow in the White House.”

Anti-Alien Legislation Boosted

In Congress, anti-alien legislation has been boosted by the present hysteria, and the oppressive Smith Bill, previously passed by the House, may be adopted. Dies has introduced a bill to bar all alien Nazis, Fascists and Communists from the country ' and to deport any now here, along with aliens whom police certify to be revolutionary. Senator Reynolds has succeeded in amending the Oppressive Labor Practices bill of Senator LaFollette by: prohibiting Communists and Bund members to be employed in interstate commerce, while limiting aliens to 10 per cent of those employed.

Congress has approved transfer of the immigration and naturalization services from the Labor to the Justice Department to provide a tighter curb on alien spies and saboteurs, and the House enthusiastically banned Communists and Bunders from WPA rolls. Proposed federal legislation sponsored by the Houston, Texas, Chamber of Commerce would establish an ‘‘armed corp of workers” to fight ‘fifth column”’ activities. And, G-Man Hoover is adding 100 agents to his record personnel to check the ‘“‘column.”’

Liberties Threatened

Attorney General Robert H. Jackson and Secretary of the Interior Harold Ickes, a couple of isolationists, it would appear, have warned against witch-hunting. The latter, in a Cleveland address on May 26, concurred in the campaign against “fifth column”’ activities, but warned his audience that “It would hardly seem worth while to risk one’s life for a country from which the fine plumage of its liberties had already been plucked.” .

Georgia Governor's Order To Register Aliens To Be Contested

An injunction to restrain Governor E. D. Rivers of Georgia from enforcing his proc- lamation to register and fingerprint all aliens in the state will be sought by the Civil Liberties Union unless the order is revoked. The Union’s telegram to Governor Rivers declared:

“Your proclamation ordering the fingerprinting and registration of aliens strikes us as unjustifiably taking advantage of the war fever in order to circumvent the law which gives the federal government sole power over aliens. The federa! courts have often held the registration of aliens by states unconstitutional. Last December a Pennsylvania statute was similarly declared invalid.

“There are adequate laws and agencies, both state and federal, to cope with acts of sabotage or espionage. There is therefore no necessity to register aliens. Moreover, such a procedure cannot be effective unless the entire population is registered. We can see no good purpose in your proclamation. If it is not revoked, we shail consider it our duty to institute injunction proceedings in the federal courts to restrain you from ad- ministering the proclamation. We have also urged the Neutrality Unit of the Department of Justice to inquire into the legality of the proclamation.”

SUPPORTER OF SPANISH LOYALISTS DENIED CITIZENSHIP

Without opinion, Federal District Judge Louderback on May 28 accepted the recom- mendation of Examiner Stanley Johnston and denied citizenship to Esteban Aguirre, member of San Francisco’s Spanish colony and. a supporter of the Loyalist cause. At the hearings, Aguirre’s petition was opposed by supporters of the Franco regime.

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American Civil Liberties Union News Published monthly at 216 Pine Street, San Fran- cisco, Calif., by the Northern California Branch of The American Civil Liberties Union. Phone: EXbrook 1816 ERNEST BESIG Editor PAULIND W. DAVIES.........Associate Editor Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

Police Chief Offers

nica es Street Meeting Plan

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heavy and in all fairness to the hundreds, if not the thousands of men and women who travel on said points, the free passage, in the customary manner, of streets and sidewalks should and must be kept open for them.

Agrees With Principle of Hague Case “We are in complete agreement with the principle enunciated in the decision of the United States Supreme Court in the recent Hague case quoted by Mr. Besig, but in this connection we are also mindful of the well-established legal principles which demand that every person is bound without contract to abstain from injuring the person or property of another or infringing upon any of his rights.

“In connection with street meetings, consideration must be given to the fact that business people are legally entitled to reasonably free ingress and egress to and from their premises; that persons residing in flats, tenements, hotels, apartment houses, and other dwelling places, in the immediate vicinity, have rights to protection against unreasonable disturbances from street speakers. In other words, the right of the street speaker must be modified so that the exercise thereof will not cause an illegal in- fringement upon the rights of others.

Protestant Recognized Rights of Others |

“Mr. Besig seems to recognize the principles referred to because in his letter he states that he has impressed upon the parties conducting their meetings, that they should respect the rights of others; that the peace must be maintained and that the passageway must be kept open on the sidewalk at all times to take care of the reason- able flow of traffic at that particular place. ' He goes further and states he has even suggested appointments of ‘monitors’ to maintain the passageway, besides request- ing the audience not to obstruct the passageway. Mr. Besig goes on further and he states he ‘believes’ his advice has been followed.

“It is very evident, however, that the responsibility of compelling respect for the rights of others, or maintaining the public peace, of keeping streets and sidewalks open for the reasonable flow of pedestrian and vehicular traffic, devolves not upon ‘monitors’ but upon the duly authorized peace officers of this city and county. “This department has no objections to holding of street meetings provided that they do not trespass upon the legal principles herein set forth, but it is very obvious where private parties make their own selection arbitrarily as to points and places, police action must be taken where the laws of this state and ordinances of this city and county are being violated.

Suggests Plan

“No permit is required from this department as a prerequisite to holding a street meeting. We do, however, suggest to parties who may seek the advice of this office concerning street meetings, that they should consult with the captain of the district so that he may suggest to them points where their street meetings may be legally conducted, as herein referred to. We believe that this a sound and a wholesome preliminary arrangement. We find, however, that many persons feel that they have the absolute right to select their own location, and then expect the captain of police and the members of his command to ignore and disregard the rights of others andto grant them that absolute privilege which they erroneously perceive to be theirs.”

ACLU. Opposes Bill Barring Political Donations by Labor

The Smith Bill, H. R. 9238, proposes two changes in the Corrupt Practices Act: 1. Prohibiting labor organizations from making contributions in connection with any na- tional election under penalty of imprisonment of one year or $5000 fine or both; 2. Prohibiting, under the same penalties, any labor organization or officer or employee of a labor organization from soliciting or receiving or being concerned in soliciting or receiving contributions in national campaigns, and also prohibiting any political committee from such activity if that political committee has on it a member or officer of a labor organization.

Fails To Include Other Membership Groups

Although the bill, as it now reads with regards to the first prohibition, applies to both private corporations and labor organizations, it is well to point out that the present law already covers private corporations. This bill, therefore, places private corporations and labor organizations in the same category. In our opinion there is no basis for such a classification. The purpose of a private corporation is limited to conducting a business; membership associations and organizations are created for the express purpose of reflecting the opinions of an organization’s membership. It seems proper, therefore, to draw a distinction between private corporations and membership organizations. The Smith Bill draws no such distinction, but does differentiate between labor organizations and other membership groups, since it fails to include other membership groups. There is no more basis for placing labor organizations in the same category with private corporations than there is for distinguishing labor organ- izations from other membership associations.

Purpose of the Bill

The second portion of the bill does not even pretend to place the same restrictions on labor organizations as it does on private corporations. Under the terms of the bill every officer or employee of a labor organization is barred from attempting to assist financially in a national election. There is no equal attempt to bar the employees or the executives of a private corporation from assisting financially in such elections. Such discrimination fairly indicates that the purpose of the bill is not an attempt to eliminate corrupt practices, but rather an attempt to eliminate from the field of political activity those associated with labor.

The proposal to bar any political committee from soliciting funds if it has on it any member who is an officer of a labor organization also-.represents unjustifiable discrimination. The effect of the bill would be to render completely ineffectual any or- ganization which has a pro-labor platform.

We find in these proposals no justification or necessity for discrimination aimed at the effective participation of labor in national elections.

ACTION DEFERRED ON APPLICATION * FOR USE OF 5S. F. SCHOOLS BY POLITICAL PARTY

The application of the Socialist Party, San Francisco local, for the use of the Red- ding School for four meetings during the next school year has been pending before the Board of Education since May 1. The Superintendent of Schools has informed us that “requests for outside use of school rooms may not be considered until it is known that such use will not conflict with the regular educational program of the san Francisco public schools. As the fall program for the Redding School has not yet been developed, it will not be possible to consider your request at this time. You may be assured you will be advised promptly of whether the dates you request will be available for your use.”’

In the meantime, Labor’s Non-Partisan League wrote to the School Board concerning the use of schools in San Francisco. One

ACLU. Board Votes To Remove Member Of Communist Party

Members of the National Committee of the American Civil Liberties Union will shortly be asked to register approval or disapproval of the action taken by the Union’s Board of Directors in voting May 7th to terminate the membership on the board of Elizabeth Gurley Flynn, Communist leader.

Charges brought by three board members, concerning the impropriety of Miss Flynn’s continued membership on the board, involved:

1. Miss Flynn’s membership in the Communist Party in the light of a resolution adopted at the Union’s annual meeting on February 5th holding that it is ‘“inappro- priate for any person to serve on the governing committees of the Union or on its staff, who is a member of any political organization which supports totalitarian dic- tatorship in any country,” specifying the Communist Party among others. Miss Flynn’s membership in the Communist Party wa

s admitted. : 2. Articles in the Communist publications, New Masses and Daily Worker, highly critical of the Union’s personnel and policies.

After a lengthy hearing, a majority of the board sustained the charges and voted to remove Miss Flynn from the board subject to approval by the National Committee. A full statement of the issues involved both in the resolution adopted at the annual meeting and in the subsequent proceedings involving Miss Flynn will shortly be sent by the Union to all members throughout the country with a request for an expression of their views.

A statement issued by the Board of Di| rectors declared: “‘The issue is the very simple one of keeping the Union’s controlling committees and staff composed of | persons wholly devoted to the defense of civil liberties for everybody without dis- tinction. In the course of the Union’s history a number of members of its controlling — committees have resigned or been asked to resign because of conflicting loyalties. Miss . Flynn’s case is exceptional only in that she declined to resign upon request, thus forcing the action taken by the board.”’

Commenting on the action, Roger N. Baldwin, director of the Union, said: “The Union has not in twenty years’ time originally elected nor appointed a person known to be a member of the Communist Party to its guiding committees or staff. This unwritten policy recognized the divergence between the Communist Party’s class concept of civil liberties and the Union’s. The action of the Board in recommending Miss Flynn’s removal does not in any way affect the Union’s defense of the civil rights of Communists as of all others. The sole issue is one of the integrity of the controlling committees of the Union.’’

member of the Board indicated that the League would be turned down when its application is filed because it is a political group. Although the Civic Center Act specifically provides for the use of schools by political organizations, the Board: of Education has failed to abide by the law, although it has made exceptions in the case of the Townsend and Ham and Egg pension groups.

RELIGIOUS LIBERTY

During the past month the U.S. Supreme Court held unconstitutional a Connecticut statute which required a permit for the collection of funds for religious or charitable purposes. Under the law the Secretary of Public Welfare was given power to determine ‘‘whether such a cause is a religious one or is a bona fide object of charity or philanthropy.”’ At the same the court held that the playing of a phonograph record criticising the Catholic religion did not constitute an incitement to breach of the peace.