vol. 5, no. 9

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. V SAN FRANCISCO, CALIFORNIA, SEPTEMBER, 1940 No. 9

LEGION LOSES SCHOOL FIGHT

Berkeley School Board Refuses to Ban Meetings of U npopular Groups

Standing fast against the intemperate opposition of arrogant patrioteers, the Berkeley Board of Education on July 31 and again on August 21, re-affirmed its support of the Bill of Rights by permitting unpopular groups the same privileges as others in using the schools as meeting places under the terms of the California Civic Center Act. In the first instance the Board granted a permit to the Young Communist League and in the the second case to-the Campus Branch of the Workers Alliance. Board member C. L. Ziegler, Legionnaire, cast dissenting votes on both occasions.

Year Old Issue

The issue is not a new one in Berkeley. For more than a year now it has plagued the School Board at practically every meeting. Last spring the controversy reached new heights when the Board rejected Director Ziegler’s motion “That any application for use of Berkeley school buildings as meeting places requested by the Com-munist party or any individual or group affiliated with said party be denied.” The Berkeley Unit of the A.C.L.U. opposed the motion, and, to put. an end to the ceaseless debate on ‘“‘who’s subversive,” proposed changes in the form of the application blanks under which an applicant would be granted a permit upon submitting an affidavit that his group does not believe in or advocate the violent overthrow of the government.

Director Walter Steilberg had previously made a somewhat similar proposal which was submitted to the District Attorney for his opinion. Unfortunately, Mr. Hoyt brushed the proposal aside in cavalier fashion and declared, without pointing to the evidence, that there were sufficient facts before the Board to sustain a determination denying the use of the schools as meeting places to the Communists. He omitted to say that the evidence was also sufficient to warrant the granting of such permits. Since then, through the over-zealous efforts of Mr. Ziegler, the Board has spent half of its time in fruitless debate on the same issue.

Legion Threatens to Clean House

At the meeting on July 31st the large and rather unruly audience was well packed with local Legionnaires who threatened to ‘‘clean house in Berkeley”’ unless its demands were met. Prof. H. W. Shephard of U. C., chief Legion spokesman, blatantly contended that applications for the use of schools should be refused “until the American Legion or other patriotic organizations can present evidence proving whether they are subsersive.” That demand was supported by other Legion spokesmen such as Carl Johnson and Messrs. Pettis, Purcell, Hall and Silverstein. President Louise Hector and Board Members Walter Steilberg and Christine Wilson declined to establish the Legion as judge of patriotism and voted to allow the Young Communist League to hold a meeting in a Berkeley High School bungalow on August 9, Prominent Persons Support Board During the following week super-patriotic organizations exerted constant threatening pressure on the Board to change its stand. A citizens’ committee, however, com(Continued on Page 8, Col. 2)

Resignation Submitted By Dr. Charles A. Hogan

We announce with deep regret that Dr. Charles A. Hogan has submitted his resignation as Chairman of the Northern California Branch of the A.C.L.U. He was impelled to do so only because there is no prospect of his immediate return to San Francisco. :

Dr. Hogan has made a signal contribution to the cause of civil liberties during his term in office. Serving as the Union’s chairman ever since the local branch was reorganized in the fall of 1934, he has seen it grow from a handful of firm believers in civil liberties and the democratic processes to a substantial group of almost 650 supporters. It is no exaggeration to say that without his wise and unselfish leadership the branch could not have survived.

He will be a difficult man to replace. Dr. Hogan’s letter of resignation, which will be submitted to the meeting of the Peeculive Committee on September 3, follows:

“As I am not planning an immediate return to San Francisco I must ask you to accept my resignation as your chairman.

“To express my regret would be merely personal. The Union with us has been a matter of principle and the success of the Union in the past six years has given all of us greater confidence in that for which we stand.

‘“May you become an even greater force.”

A.C.L.U. Protests Gov, Olson's Inaction In — Nieland Case

The A.C.L.U. has expressed to Governor Olson its deep dissatisfaction with the failure of his office and that of SRA Administrator S. G. Rubinow to take any action on the complaint in the case of Mr. E. R. Nieland, who was dismissed from his job. as director of the SRA for Butte County because he introduced one Rajni Patel at a public gathering in Oroville on June 4th. “We feel,’”’ said the Union, “that his dismissal was so flagrantly unfair and in such utter defiance of the spirit of the Bill of Rights that it warranted remedial action by your office without delay.” Despite repeated letters, the Governor has maintained a discreet silence.

Mr. Rubinow has neatly side-stepped any involvement in the case. At first he promised to discuss the matter with the Board of Personnel Standards and Appeals. Then, following a new tack, he dismissed the case by explaining: 1, that Nieland’s post has now been eliminated through a reorganiza- tion of the SRA; 2, that “Mr. Nieland had been separated from his duties as SRA Di© rector of Butte County before I took over the administration of the SRA;” and, 3, “We are not making any additions to our staff at this time.”

Mr. Rubinow made the same sort of explanation to Mr. Nieland, but also declared that he could appeal to the SRA Board of © Standards and Appeals for redress, adding, however, that “I cannot add to my personnel at this time.” That was merely another way of saying that an appeal would be fruitless as far as he was concerned because he couldn’t give him his job if the Board decided in Nieland’s favor. .

Nevertheless, Mr. Nieland contacted the Board only to have its secretary reiterate a previous declaration that the Board, in conformance with its rules, does not consider appeals in the cases of county direc- tors. Because of Mr. Rubinow’s suggestion, however, the Secretary promised that Mr. Nieland’s complaint will be read to the Board at its meeting of August 29.

Of course, it is quite apparent that the State Administration does not intend to do anything in this case. That is especially regrettable, because to date Governor Olson has established a good record on civil liberties.

STATE SUPREME COURT CONSIDERS CONNOR CASE.

The case of Frank S. Connor, who con-tends his right to counsel was denied in a criminal proceeding for which he is now serving a sentence in Folsom prison, is now before the State Supreme Court for consideration. Final briefs on an application for a writ of habeas corpus were filed on August 81. Connor is represented by A.C.L.U. — attorney Wayne M. Collins.

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Removal of Elizabeth Gurley Flynn Approved

The action of the Board of Directors of the American Civil Liberties Union in removing from membership on the Board Elizabeth Gurley Flynn, an official of the Communist Party, has been approved by a -.majority of the members of the National Committee of the Union. Miss Flynn’s membership on the Board therefore ceased on August 12, 1940.

Miss Flynn’s removal from the Board fol- lewed her refusal to resign upon the request of the Board, and the subsequent filing of charges by three Board members. One charge held that she was disqualified "for. further membership under the resolu tion adopted at the annual meeting of the past “Union, holding it “inappropriate” for any supporters of dictatorship to serve on the Union’s governing committees or staff. The other two. charges related to articles by Miss Flynn in Communist publications scor.ing. the Civil Liberties Union, in one of - which she stated that:

“I don’t mind being expelled by this kind of people. I don’t belong with them anyhow. I'll fight them to expose them, not from a desire to associate with them any longer. Labor can defend its own civil liberties — so can the Communists, without = the A.C.LU.”

ACLU. MAY INTERVENE .. IN OKLAHOMA C.S. CASES

The Civil Liberties Union may intervene

in the cases of 12 Oklahoma City persons who have been arrested on charges of criminal syndicalism. In a letter to Oklahoma’s “governor, Leon C. Phillips, the Union’s gen* eral counsel, Arthur Garfield Hays, charg‘ed that the actions against the 12 were “a direct violation of the freedom of speech.” “Tf thesé defendants are'to be prosecuted under a criminal syndicalism law because of their beliefs and their promulgation of those ideas by legal-procedure,” Hays said, : “the A.C.L.U. will be obliged to take whatever steps that are necessary to protect the : principle of free speech.”

LOS ANGELES TRESPASS ORDINANCE . AMENDED TO PROTECT ‘LABOR

Labor forces in cooperation with the -*Southern California branch of the Amer, ican Civil Liberties Union have just chalked x, up a victory for labor’s civil rights with the --adoptien of a proviso in the new Los An‘geles anti-trespass ordinance which is ac.eaptable to labor and liberal groups. The ordinance, aimed at protection of -gircraft, utility and oil plants from “sabo tage” now contains an amendment preserving “any activity for the purpose of engag= ing in any organizational effort on behalf "of any labor union... or for carrying on “, the normal activities of labor unions.’

Another proposed Los Angeles ordinance 'which would prohibit “lingering and loitering’. in certain public places, is being '. studied by local attorneys for the A.C.L.U. Loitering ordinances have for many years . been used against labor unionists and . others to deprive them of civil rights.

| QAKLAND POLICE OFFICERS APPEAL CONVICTION IN FERNELIUS CASE

Officers August D. Peirce and Glenn Han...cock of the Oakland Police Department “were convicted last month on manslaughter and. assault charges in the fatal jail beat“ing of Fred Fernelius, W.P.A. worker. Superior Judge Lincoln 8. Church imposed entences of one to ten years on each count, ut ordered the sentences to run concur‘ently.

The court denied motions for a new inl gnd probation. Thereupon attorneys for ‘the convicted men served notice of appeal, and the court granted a stay of execution of the sentences.

NATION-WIDE ATTEMPT TO BAR MINORITY PARTIES FROM BALLOT

Charging that at least thirkech Baki present evidence of a ‘‘conspiracy to prevent members of minority political parties from entering candidates, or so widespread interference as to demand any protection which the federal law affords,” the A.C.L.U. has lodged protests with Attorney General Jackson and asked for an investiation. Evidence submitted to the Attorney reneral from the states cited, West Virginia, Michigan, Ohio, Georgia, Arizona, New Hampshire, Maine, Illinois, New York, Michigan, Georgia, Kansas, Kentucky and Tennessee, ranges all the way from the consistent efforts of the Dies Committee to intimidate signers of Communist Party petitions to the successful police interference with canvassers arrested in New York state on charges of disorderly conduct ‘for ringing doorbells.”

Issue Faces California Courts

Both California and New York have re- cently seen efforts to ban the Communist Party from the ballot. In New York, when the State Federation of Labor advocated such a move, the Union, mindful of the fact that organized labor, long an oppressed minority, should be slow to suggest the suppression of other minority groups, pointed out that “The essence of democracy is tolerance of minority opinion under majority rule. Refusal of a place on the ballot to minority parties may force their followers to use non-political means.”’ The California State Supreme Court on June 14 rejected a petition for a writ of mandate to prevent Communist candidates from filing for office. On August 17, Paul Peek, Secretary of State, informed an ‘American Legion spokesman that he was bound by this decision and therefore could not ban the Communist Party from the ballot as the Legion de“manded. The Legion has announced that it will circulate iniative petitions to outlaw the Communist party, and has passed resolutions urging the state legislature and Congress to declare the Communist Party illegal and forbid the appearance of its candidates’ names on state and federal ballots. Suit has already been filed by Reginald Denny, the film actor, to bar. the Communists from the ballot on the ground that they do not “‘support, maintain or defend the Constitution of the U. 8. or California.”

C. P. Banned By Injunction In 3 States Georgia, West Virginia and Arizona have all granted injunctions against the appear‘ance of the names of Communist Party candidates on the ballot. In Georgia the action of the Secretary of State barring the party from the November election because it “seeks to overthrow our democratic constitutional form of government” has been vigorously attacked by the Union’s general counsel, Arthur Garfield Hays, as additional evidence of an “alarming trend toward repression of all minorities in the state.”’ Mr. Hays pointed out, too, that “‘so long as the requirements of Georgia’ s own law, applicable to all political parties, have been met by the Communist Party, you have no authority to discriminate against this political group.’

The American Legion is responsible for the temporary injunction restraining the West Virginia Secretary of State from placing the Communist party ticket on the No- vember ballot. Civil Liberties Union Attorney Henry M. Russell appeared before the’ court to fight the Legion charge that the Communists had misrepresented a nominating petition. The inj junction is granted only for the time it will take two commissioners appointed by the court to investigate the alleged misrepresentations.

Arizona Leads the Way

Arizona, the first state to openly bar a political party on the ground that its members advocate “the overthrow of the government by force,’ has barred the Communist party candidates from the Septemtember 10 primary election. After a petition filed in the Federal Court to compel solicitors, publication of signers’ restoration of the party to the ballot was dismissed for lack of jurisdiction, a second suit was filed in the State Superior Court and likewise dismissed on August 26. Any further legal action on behalf of minority party rights will be participated in by the Union, which has characterized the Arizona Secretary of State’s action as a depri- vation of the franchise because the adherents of barred parties are compelled to vote, if they vote at all or unless they wish to write in names, for representatives other than those of their choice. ‘‘This rising pre| judice against minority political parties,’’ declares a statement of Arthur Garfield Hays, “represents a weakening of democratic safeguards which almost daily grows more alarming. The right to ballot, for every citizen no matter what his economic or political beliefs, is fundamental to our civil liberties and must be preserved at all costs.”

Union Sponsors Model Law

In addition to fighting instances of discrimination against minority political parties, the Civil Liberties Union will undertake a campaign in the 1941 state legislatures for the introduction of a uniform election law to ease the increasingly onerous requirements for minority political groups attempting to get on the ballot and remain there. Contending that the effect of such requirements ‘“‘has not been to outlaw minority parties from the ballot but to nullify their endeavors,’’ the Union cites among the difficulties encountered by these groups the extremely large number of votes necessary to remain on the ballot in some states, the number and division of petition- ers necessary to regain a place, the exorbitant filing fees required from candidatesin some areas, and the poll tax prevalent in the Southern states which acts to disfran- chise the lowest economic groups, from which minority parties mainly spring.

Would Ease Restrictions

The model bill, patterned after the Wisconsin statute, will be submitted to the Commissioners on Uniform State Laws with a request for their study and sponsorship. Its chief aim will be to render nomination by petition easier. Present restrictions, upheld by the courts on the ground that there is ‘“‘no encroachment on the constitutional guaranty of the right to vote if the restriction does not operate as an absolute bar, seem to be based on the inference ‘‘that since the write-in and petition are available to the minority party, it was not unduly | burdened or deprived of its rights.”’ In fact, however, the cost and effort involved, stringent and discriminating application of the laws, interference with the gathering of signatures which in some cases has amounted to actual violence against the names with the obvious purpose of blacklisting, and the subjecting of petitions to unreasonable scrutiny and rejection of signatures, have acted to nullify the endeavors of such groups as the Socialists, Communist, and Socialist Labor parties.

Socialists Barred In California

The Socialist Party in California is an example of a minority party barred from the ballot through the operation of state election laws weighted in favor of the proposition that the two party system is adequate to represent any reasonable needs. The names of their candidates will not appear on primary or general election ballots in California because they failed to secure the 80,877 votes at the last gubernatorial election necessary under the statutes to qualify them. In order to regain a place on the ballot, they will have to secure 269,590 signatures by petition, or have 26, 959 persons register as members of the Socialist Party. Proposed legislation sponsored by the Northern California A.C.L.U. to ease the requirements failed of enactment at the 1939 legislative session.

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: ACLU. Protects Denial Of Citizenship to Aliens On Relief

. Urging that aliens be not barred from citizenship solely because they are on relief, the American Civil Liberties Union has requested Major Lemuel B. Schofield, director of the Bureau of Naturalization in the Department of Justice at Washington, to take steps to overcome an “increasing practice among federal and state judges.”

‘The representations to Major Schofield were prompted by the decision of Supreme Court Justice Nathan O. Lapham at Roches ter, New York, on July 22, denying citizenship to six alien applicants on relief because they are not “attached to the principles of the Constitution.”

In the communication to Major Schofield, . Roger N. Baldwin, director of the Union, said: . “The attitude of Justice Lapham reflects what we consider to be a wholly unjustified and un-American point of view. He holds in effect that aliens who cannot get employment through no fault of their own are lacking in the qualities which make for good citizens. He sets up a property qualification for suffrage.

“If Justice Lapham’s refusal to naturalize were an isolated instance it wouldn’t be serious. But an increasing number of judges, both federal and state, have similarly refused to admit mdigent aliens to citizenship. We are contesting in the courts such a denial of citizenship through our Southern California branch. But relief through the courts is slow, and we therefore turn to you in the hope that vigorous action can be taken by the representatives of your Bureau in presenting these cases to the courts with strong recommendations for admission to citizenship.”

Philadelphia Police — Inquiry Protested

The conduct of the Philadelphia police in investigating signers of Communist Party election petitions has been protested by the Civil Liberties Union and other agencies as “unjustified intimidation.” Mayor R. E. Lamberton has been urged to discontinue the police practice of sending officers in conspicuous red cars to the home of signers to serve notice to appear at police stations and answer inquiries as to the genuineness of their signatures.

The Civil Liberties Union states that the police notices are without legal effect and that any proper inquiry should be made by the district attorney’s office through notices by mail or by men not in uniform. The visits of the police to homes of citizens, according to the Union, constitute an invasion of citizens’ rights by arousing unjustified suspicion on the part of neighbors. The conduct of the police at police station inquiries is said in many instances to be intimidating.

MARCUS GRAHAM TALKS, AND -DEPORTATION CASE CRYSTALLIZES

Following the recent conviction of Marcus Graham for contempt of court for re fusing to answer questions put by immigration inspectors seeking his deportation, the anarchist editor finally submitted himself -to questioning by officials at Washington.

Graham was accompanied by Fred .A. Ballard, an attorney for the Civil Liberties Union, which has been defending him in Los Angeles courts for three years. a Graham has contended that he cannot be compelled to testify against himself in > the 21-year-old deportation proceedings. = Questioned last week as to his philosophic - opinions, Graham disavowed any advocacy : or belief in force or violence. The Attorney General’s office in Washington has agreed to recommend that the six-months contempt sentence be set aside. The case now rests = solely upon Graham’s heterodox and un popular philosophical views as grounds for deportation. years.

Berkeley School Board Refuses To Ban Radical Meetings In Schools

(Continued from Page 1, Col. 2)

posed of such prominent persons as Clarence R. Stone, Prof. Walter S. Morgan, Dr. John Creech, Ruth B. Vickery, William C. James, Dr. Robert F. Leavens, Arthur Memmler, Laura Grace Jackson, Prof. Wm. KE. Ritter and Alta M. Hancock, came to its support, commended its policy,,and recommended changes in the application blank forms substantially the same as those previously suggested by the A.C.L.U. and Di- rector Steilberg which would make it mandatory for applicants to file affidavits cer- tifying that they do not have as their object the violent overthrow of the government. The advantage of such a plan lies in the protection it affords the Board in judging the qualifications of a group, since the affidavit would constitute legal evidence should litigation ensue, its re-enforcement of constitutional guarantees without dis- crimination because of political, social or economic beliefs, and the elimination of the endless debate that attends the consideration of applications submitted by unpopular groups.

Mrs. Benita Herrick, Berkeley City Council member, attempted to carry the issue into the Council. Her resolution seeking to have the Council affirm its stand against the use of public buildings by Communists was shelved after heated debate.

A.C.L.U. Attacked

Mounting American Legion attacks on the Board of Education’s granting of the permit culminated at the Board meeting on Wednesday evening, August 7. Legionnaire Professor Shephard, after presenting the Board with a petition signed by 2138 persons opposed to the granting of the application, castigated the American Civil Liberties Union as a “Communistic organi‘zation supporting the Young Communist— League in this matter.” He strenuously urged that Legionnaires “investigate” Prof. James R. Caldwell, Prof. Alexander M. Kidd, and Allen C. Blaisdell, Director of International House, who were nominated to the Berkeley A.C.L.U. committee. Inci- dentally on another occasion the professor declared that no member of the A.C.L.U. would be tolerated as a member of the American Legion.

After again refusing to cancel the permit, Dr. Hector read a statement signed by herself, Board Members Walter Steilberg, Christine Wilson, and Mayor Frank Gaines which ably summarized the situation thus:

Board Majority Issues Statement

“Realizing the serious situation of the whole disturbed world and the tension verging on hysteria in our own nation the Berkeley Board of Education feels the need greater than ever before to hold firmly to the fundamental principles upon which our nation was founded in order to preserve our democracy and our American way of life.

“Let us review the Berkeley situation calmly. The Communists have been meeting in our school buildings for over six There has been no disturbance of any kind reported to the Board from these meetings. :

“The Board has an application blank which must be signed by the person authorized to apply for the use of any school room. This form was approved by the District Attorney on September 14, 1938. On March 26, 1940, the Board asked the opinion of the District Attorney on the value of having the signature of the application form notarized, but the Board was told that it would be of no added value.

“Last year the Communists virtually eliminated themselves. In July, 1939, they requested a place for regular meetings, which was granted. They did not renew their application since they failed to maintain the minimum attendance required by this Board.

Minority Member Fosters Controversy “The majority of the Board, four to one in fact, thought this very good evidence of the advisability of allowing such meetings in the open; but our minority member, in the fervor of his patriotism, ignoring another great principle in our American democracy, the will of the majority, has fostered controversy on the subject.

“We, as members of the Board of Education, have taken on assuming office the oath to uphold the Constitution of the United States of America, and it is our purpose to uphold the Constitution of the United States and of this State. Because of this oath the Board of Education is basing its decision on the most important and precious article in our Constitution, the first article of the Constitutional Amend- ments, the so-called Bill of Rights.

After quoting the First Article, the state- ment referred to the California School Code, Article 1, Section 6.750, which provides for the use of schoolhouses by groups. formed for “recreational, educational, political, economic, artistic, and/or moral activities,’ and, further, particularly bans “Such use... by any individual, society, group or organization which has as its object or as one of its objects, or is affiliated with any group, society, or organization which has as its object or one of its objects the overthrow or the advocacy of the overthrow of the present form of government of the United States or of the State of California by force, violence or other unlawful means.”’

Who’s Subversive?

The statement pointed out that “The determination of the intention of any group to overthrow the government by force and violence is a duty which this Board can not assume. We have been told that there are about 75 subversive organizations in this vicinity; last year we were given a list of about, 130 groups, who were accused of plotting the overthrow of our government by force and violence. The Berkeley Board of Education lacks the funds and facilities for the investigation and trial of such groups.

“The Federal authorities are now investigating subversive activities, and if these authorities prove that the Communists or any other group are guilty, the Berkeley Board of Education will immediately deny them the use of our school buildings.

“We are not trying to minimize the danger of subversive activities, but in the fear of Communism there is great danger that we may be swept, as were the German people, into the jaws of Fascism.

Uphold Civil Rights

“A citizen of the United States may live where he wishes, do the kind of work for which he is qualified, worship according to his own conscience, and if he has a grievance may petition the government for redress. There is no other nation where there is freedom of decision and action, where the citizen has the right to have and to hold the fruits of his labor, and where he has the opportunity and the incentive to improve his position in life. Freedom of speech, freedom of worship and freedom of action are our American heritage. Let us keep this trust inviolate.”

The majority policy of the Board was again put to the test at the August 21 meeting when it considered the application of the Campus Branch of the Workers’ Alliance to use the schools for weekly meetings. — Legion members present followed their consistent practice during the controversy by trying to stampede the Board by joud, threatening demands. Their spokesman, Prof. Shephard, predicted that granting of the application would result in “all the outside radicals .. . coming to Berkeley as soon as they discover we have established a cozy corner for them in the schools.” The Board Continued on Page 4 Col. 1

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LEGION LOSES SCHOOL FIGHT

(Concluded from Page 3, Col. 3)

nevertheless voted three to two to grant the permit. Christine Wilson, joining Zeigler in'dissent, explained her vote by saying that the Workers’ Alliance already had a meeting room at University High School in Oakland and that she saw no need for a change. She further volunteered that her vote did not “mean that I have backed down from the previous stand of the Board majority—namely, that as long as the Communist party is on the ballot we must recognize it.” Zeigler’s regular vote against issuing the permit was bolstered with the voluminous Dies reports, and a lengthy prepared statement. He rejected an offer by Mayor Gaines to have Superintendent of Schools Virgil Dickson ‘“‘investigate’’ the workers group. Superintendent Dickson, suggesting that denial of the permit would pave the way to legal retaliation, offered his opinion that the matter could only be settled by the courts.

Berkeley Still Stands After Y.C.L. Meeting

In the meantime, in accordance with the Board of Education’s permission, the Young Communist League held its highly-touted meeting on August 9 in an Allston Way bungalow on the Berkeley High School -campus. Among the all-time record’ at- tendance, there were probably fifteen members of the League present, about fifty Le- gionnaires and their ladies, another fifty young boys, plainclothesmen and curiosity- seekers, and Assemblyman Gardiner Johnson who disappeared when the proceedings commenced. To the outspoken disappointment of good citizens lounged against ad- joining bungalows, Chairman Vanderlaan opened the meeting rather late. The three speakers, all candidates for the Assembly, included Miss Eddie Cobb who mildly de- nounced the incumbent and promised changes “if elected;’’ Frank Parsons, who rambled loose-leggedly over the history of capitalism and scored conscription as an inevitable step in the fight for world markets; and Newell Johnson, Assembly candidate from the 17th District. Mr. Johnson chewed gum vigorously while he spoke, and spoke competently—no mean feat. His speech consisted of a rousing boo for Great Britain and Imperialism, praise for the Soviet peace policy, and a warning that the United States might well cement its relations with the Soviet Union if it is bent on peace. The meeting adjourned after a little tepid heckling during the short discussion period. And Berkeley still stood.

NEW YORK COURT ORDERS DEPORTATION OF FAMILY ON RELIEF

“ The New York Court of Appeals in a reeent ruling has upheld a Westchester County court order to deport to Ohio, Rosario Chirillo and his family because they ‘had been on relief within a year after entering the state. The Civil Liberties Union “and other agencies which contested the ‘right of the state to deport regard the rul- ‘ing as a violation of civil rights. The Union and the other agencies held that while county authorities may properly » deny relief to a family not complying with residence requirements they may not de“port them from the state. The family is * still in Westchester County, and a move to ‘put the court order into effect is unlikely ‘in view of the fact that the family is now * sustained by its own earnings. It is possible that the constitutional questions which were not passed upon by the Court of Appeals will be handled by further court proceedings.

Court Action Promised Against La Guardia’s Censorship Drive

Extension of Mayor LaGuardia’s campaign against the sale of objectionable magazines in New York City was characterized as an “arbitrary abuse of administration’ by Quincy Howe, chairman of the National Council on Freedom from Censorship.

The Council indicated it would resort to court action in “any case where authority has been misused and there is reason to doubt that actual obscenity is involved.” The Mayor, who opened his campaign against obscene publications last month, has now extended the drive to publishers, distributors and retail newsdealers not licensed by the city.

Mr. Howe in his letter to the Mayor, said: “Censorship under the guise of licensing power, or whatever form of pressure you contemplate is an arbitrary misuse of administration in a case where the laws and the courts are completely able to handle the situation.

“The National Council does not uphold the free distribution of pornography. But we do insist that the obscenity in such cases can and must be decided by the courts and that action be taken against the publishers or whoever else is responsible for such printed matter. It is not a matter to be decided by the distributors or city officials on the basis of what they consider harmful to children. If your compaign is directed at actual pornography rather than cultural or political literature there is no reason to suppose that the courts will not give you prompt and drastic decisions.

“Tf you insist on making a detour around the orderly processes of law we shall be compelled to take action in the courts in any case where authority has been misused and there is reason to doubt that actual obscenity is involved.”

N. Y. POLICE FINGERPRINT ORDER TERMED “USURPATION OF AUTHORITY”

Police Commissioner Valentine’s order for fingerprinting of all night club em- ployees in New York was criticized this week by the New York City Civil Liberties Committee as a “usurpation of legislative and judicial authority.”

In a letter to Commissioner Valentine, Osmond K. Fraenkel, counsel to the Committee, wrote: “‘While the power to license gives some legal justification for the fingerprinting of proprietors of night clubs, the law provides no authority for the proposal to include all employees. Nor is there any valid reason advanced for such an interpretation of the law. The suggestion that fingerprinting will prevent unsuspected criminals from coming into contact with the public is hardly sufficient.

“The principle of government by law does not countenance this administration by decree. Regulations which give the police the power to decide, on the basis of their ideas of the seriousness of a criminal record, as to who should or should not hold a position is a usurpation of legislative and judicial authority. This is contrary to the basic laws and spirit of democracy.”

PASSAGE OF WIRE TAPPING BILL PROTESTED —

An effort to defeat in the Senate a bill just passed by the House of Representatives authorizing the tapping of telephone wires for the purpose of “national defense” is being undertaken by trade unions and other agencies including the American Civil Liberties Union, which is opposed to all forms of wire tapping. The bill, sponsored by Rep. Emanuel Celler, and backed by the Department of Justice, endeavors to nullify what court decisions, legislation and orders of the Attorney General have done to check what Supreme Court Justice Holmes called a ‘‘dirty business.”

ORGANIZE BUTTE COUNTY UNIT OF THE A.C.L.U.

Following the organization of a Berkeley Unit of the Northern California Branch of the A.C.L.U. on April 15 last, a Butte County Unit was formed on August 11 © through the efforts of Dr. Peveril Meigs of Chico. At a meeting held in Bangor, Mr. E. R. Nieland was elected Chairman of the Unit, Mrs. Ava Benjamin of Oroville, ViceChairman, and Prof. Peveril Meigs, Secretary-Treasurer. :

At its meeting the Unit adopted a resolution which was ordered sent to Mr. S. G. Rubinow, Administrator of the S.R.A., requesting assurances that his administration does not approve of dismissals to punish employees for exercising their civil liberties, as was done in the case of E. R. Nieland under the administration of Mr. Ru. binow’s predecessor.

Secretary Peveril Meigs was also instructed to write Assembly candidates in the Fourth Assembly District to ascertain their stand on civil liberties issues. The replies, if any, will be called to the attention of the Unit’s membership. :

PROVISION FOR CONSCIENTIOUS OBJECTORS URGED

The A.C.L.U. is rallying support for the provision in the military training bill to protect the rights of conscience along lines which the Union holds have successfully operated in Great Britain. A provision drafted by the Quakers covering objectors of all persuasions is receiving wide-spread support. Rev. Harry Emerson Fosdick, Bishop William Lawrence of Massachusetts, and other religious leaders have testified in support of the proposal.

The Senate sub-committee in drafting the bill has adopted a large part of the Quaker provision, but has declined to include nonreligious objectors or a provision permitting total exemptions from service. The Senate draft provides that conscientious objectors who make their views known at the time of registration shall be referred to the Department of Justice for examination as to their sincerity. Those found to be sincere may be offered non-combatant service or civilian service. Those found insincere are to be referred to the army for regular training. Those refusing all forms of service would, under the bill, be subject to trial and sentence.

Three Leaflet Distributors Jailed Under Birmingham, Ala., Law

Charging that freedom of the press had been violated by Birmingham, Ala., police © who arrested three distributors of leaflets — denouncing a repressive local ordinance, the Civil Liberties Union has wired Mayor Cooper Green urging release of the three men jailed and police compliance with eupreie Court decisions on leaflet distribuion. Gelders, head of the civil liberties committee of the Southern Conference for Human Welfare; Dobbs, executive secretary of Young Southerners; and McGraw, a member of the latter organization, were handing out leaflets dealing with the case of Gerald Harris, vice-president of the Farmers’ Union of Alabama and circulation manager of the Southern News Almanac. According to reports received by the A.C.L.U., Harris was arrested under the — notorious ordinance which permits authorities to hold a person indefinitely without placing a charge and denying him permission to file a bond or to consult an attorney. Police maintained Harris was suspected of being a “confidence man,” although hun-dreds of friends would have identified him immediately. Under threat of suing for a habeas corpus writ, Harris was released after nine hours in jail. His detention caused him to miss an important Farmers’ Union convention and is interpreted as an attack on the Southern News Almanac, which champions the cause of small farmers.