vol. 6, no. 3

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. VI SAN FRANCISCO, CALIFORNIA, MARCH, 1941 No. 3

DANGEROUS BILLS PILE UP

“Fifth Columnists,” Aliens And Labor Face Repression

The last-minute avalanche of bills introduced at the first session of the Fifty-fourth Legislature, which we were unable to review in the February issue of the “News,”’ dis- closes another batch of repressive bills aimed principally at alleged “Fifth Columnists,” aliens and labor. At the same time, we discovered a lesser number of bills in aid of civil liberties, principally in the field of race relations.

Bashore’s motion to strike the ‘Alien Civilian Service Act,” A. B. 1, from the calendar following the United States Supreme Court’s decision that the State of Pennsylvania could not register aliens since the federal government had acted in that field. Mr. Bashore’s bill required aliens not .Subject to the draft law to spend a year in work camps.

The Name Is Bad

Heading the new list of anti-Fifth Column bills is one by Assemblyman Jack B. Tenney, and eight others, A. B. 2349, which amends the Civic Center Act. It provides that any group applying for the use of a school which adopts or uses as part of its name the word “Communist” or any deriva-: tive of that word, or any member of such an organization, shall be presumed to advocate the violent overthrow of the government and is, therefore, barred from any use of a school building under the Civic Center Act.

Mr. Tenney and nine other assemblymen have also introduced a measure, A. B. 2348, to outlaw the wearing of foreign military uniforms. The measure declares it a misdemeanor for any person, except an actor, to wear ‘‘the uniform of, or a uniform similar to that of, a foreign military or semimilitary organization without being a member thereof and being entitled to do so.” This would apparently rule out Boy Scout uniforms which are similar to foreign military uniforms, not to speak of the uniforms of other groups.

No Foreign Instructors Allowed

Messrs. Dilworth and Garland are the authors of another bill, A. B. 2229, which makes it a felony to organize or to be a member of a military or political group, “directed, controlled, or instructed, in whole or in part by any foreign power or government, or by any agent or representative of such power or government,” ad‘vocating ‘‘any form of government contrary to the established form of Government of the United States of America.”

A. B. 102, also introduced by Mr. Dilworth, this time with Messrs. Salsman and Field, bars from public office persons who have taken oaths to support ‘‘the military or political activities or policies, or to obey the orders or directions, of any foreign government or of any official, society or association therein.” The act is declared an emergency measure to protect our governNoteworthy, too, is Assemblyman ment against “fifth column activity.” A final “defense measure,” aimed at “fifth columnists” requires the photograph— ing and fingerprinting of applicants for commercial fishing licenses. It is A. B. 1128, introduced by Mr. Dilworth.

Refugee Doctors Beware

Two more anti-alien bills have come to light. The first of these, A. B. 1475, intro- duced by Assemblyman Pfaff of Los Angeles, seeks to outlaw refugee doctors. This is accomplished by requiring graduates of foreign medical schools to show that their native countries give reciprocal treatment to Americans. Of course, Mr. Hitler indulges in no reciprocity. Two years ago Governor Olson vetoed a bill requiring citi(Continued on Page 3, Col. 1)

Union Finds Civil Rights Dangers in Defense Bills

Safeguards to civil liberties are lacking in two of the “model national defense’’ bills drafted by the Federal State Conference on Law Enforcement Problems of National De- fense and now before the legislatures of most states, according to a statement just issued by the American Civil Liberties Union. The bills requiring amendment, in the Opinion of the Union, are the Model Sabotage Prevention Act, and the Model State Guard Act.

“Although the language employed in Section 11 of the Model Sabotage Prevention Act is that of the National Labor Relations Act, there appears to be some dan ger that this law might be used to curtail the civil rights of labor,” the statement declared. “A clause reading as follows should be added to Section 11 of the bill: ‘No act in the exercise of the foregoing rights of labor which would have been lawful but for the passage of this Act shall be deemed lawful under this Act.”’

The Union also suggests amendments to the Model State Guard Act as follows:

“(a) The Guard, when called into action in civil disputes, should not enforce martial law so long as the civil courts are function‘ing.

*“(b) All persons arrested by the State © Guard should be transferred forthwith to the civil authorities.

““(c) The Guard be subject to civil suit.’

». F. Police Chief Interferes With Freedom of the Press

In the following communication addressed to every publisher in San Francisco, Charles W. Dullea, Chief of Police, requested complete information on orders for the printing of “communistic, anti-religious, anti-racial or anti-American propaganda,” in order to assist the department in “suppressing the distribution and sale of such subversiv literature.” =

“In connection with National Defense matters we would like to enlist your cooperation in the matter of discouraging the printing or publishing of any pamphlets, books or circulars which may contain any communistic, anti-religious, anti-racial or anti-American propaganda.

“As you know, the printing and distribution of such propaganda at this time is not conducive to the well-being, peace and security of this country. Therefore, we ask your cooperation to the extent of notifying this Department any time that you are so- licited to print any material of this nature, giving us the name of the person, address and the nature or contents of the printing requested. Any information given to us in this way will be held in the strictest confidence and will be used only for our rec- ords.

“Your cooperation in this matter will be greatly appreciated and will materially as- sist this Department and governmental agencies in suppressing the distribution and sale of such subversive literature.”’

This is a rather obvious attempt on the part of the police and “governmental agencies’”’ to interfere with the freedom of the press. It reminds one of the pressure: exerted by the police upon hall owners to prohibit assemblages that are not to their liking.

Some years ago the State of Minnesota enacted legislation to ban the publication of a “malicious, scandalous, and defamatory newspaper, magazine or other periodical.” That statute was declared unconstitutional in the case of Near v. Minnesota, 283 U. S. 697 (1931) on the ground that freedom of the press includes freedom from previous restraints upon publication. In the instant case, Chief Dullea is not even trying to enforce a law. In fact, he would seem to be acting beyond his authority as Chief of Police.

“Pursuit of Freedom”

The Chicago Civil Liberties Committee has announced the publication on March 15 of “Pursuit of Freedom,’”’ a comprehensive history of civil liberties in the state of Illinois. Research and compilation was performed by the Writers’ Program of the WPA. Price of the book is $1.29 if ordered before publication, and $2.06 after publi-. cation. Orders may be placed through the local branch of the Union.

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Parole System Set For Conscientious Objectors

Ernest Angell, chairman of the National Committee on Conscientious Objectors of the American Civil Liberties Union, characterized President Roosevelt’s executive order setting forth the terms under which parole may be granted to violators of the Selective Service and Training Act, as a step toward equal treatment for conscientious objectors. The A.C.L.U. had repeatedly pointed out the injustice of imposing upon those who refused to register for military training, sentences ranging anywhere from three months to five years, according to the mood of the local court.

Under terms of the President’s order convicted violators of the selective service act may be paroled by the Attorney General on recommendation of the Director of Selective Service if they agree to serve their twelve months of training. The requirement that persons convicted under a fed— eral statute must serve at least one-third of their sentences before parole, is waived. Provision is also made for those who on “grounds of conscience refuse even noncombatant service in conjunction with the ‘armed forces, as well as those who object only to combatant service.

Four Choices Open For Parolees

.. The Director of Selective Service is called upon to name the status in which the pa- -rolee is to be placed. There are four ‘choices open, as follows: (1) induction into the armed forces; (2) induction into the military forces but only for noncombatant service; (3) assignment to work of national importance under civilian direction; (4) assignment of those special cases which do mot come under any one of the first three classifications.

Thirty-six men have received prison sen-tences for refusal to register, according to the National Committee on Conscientious Objectors, with a number of others still awaiting trial. The A.C.L.U. has not par“ticipated in the deferise of non-registrants ‘in the courts. Opinion of the Union’s attor“neys, that the law could not be successfully ‘contested on constitutional grounds, re‘ceived apparent confirmation recently ‘when decision was reached on the first test ‘ease in New York. Rejecting the argument ‘that Congress had no right to conscript citi“gens in peacetime, Federal Judge William Bondy upheld constitutionality of the Selective Service Act and ordered the five de‘fendants to stand trial for refusal to register.

6000 C.O.’s Placed in Class IV-E

*. Aecording to information reaching the A.C.L.U. more than 6000-conscientious ob- jectors who complied with the terms of the draft law have been placed in the special deferred category IV-E by local draft -boards. Of 97 conscientious objectors rec- ognized by local boards in New York City, ‘67 have been assigned to noncombatant service in the Army, while 30 have been ‘placed in Class IV-E. |

No cases have yet been reported in which claims of registered conscientious objectors ‘have been denied after an appeal was taken. Although no instructions have been issued for the recognition of political objectors as such, local boards, acting under instructions from Washington, have apparcently been following a policy of recognizing -humanitarian as well as religious objection.

No Registrants

The deadline for federal registration under the Voorhis Act of groups which ad- vocate the violent overthrow of the government or which engage in military activities, passed on February 16 without any regis‘trations. :

Citizenship Appeal To Be Argued

The appeal before the California Su-preme Court in the case of George Boguno-vich, who was denied citizenship because: -he subscribed to a Yugoslavian Communist -newspaper in 1982, will be argued by Attorney Wayne M. Collins on March 4,

Civil Liberties

the Speaking on “Radio As An Instrument of Democracy” at the A.C.L.U.’s Lincoln ‘Birthday luncheon in New York, James L. Fly, head of the Federal Communications - Commission, declared that the government will not curb freedom of expression on the air under the pressure of national emergency, pointed out the responsibility of radio broadcasters themselves for programs “in the public interest,’ and warned against ef- forts to bar foreign language groups from | use of radio because of fear of ‘‘fifth col- -umns” and “Trojan horses.”’

“Democracy can work if and only if citizens have adequate knowledge of the issues which confront them, and make their decisions in the light of that knowledge,’”’ Mr. . Fly said. “If we are cut off from sources of news or from well-rounded discussions of public issues, our ability to govern ourselves is impaired, and we end up by letting others govern us.

Distinguishing Truth From Error

“The function of distinguishing truth from error and right from wrong resides and should reside, not at the transmitting, but at the receiving end of our radio system. It belongs to the millions who listen, not to the few who broadcast.. Depriving radio listeners of their right to decide for themselves strikes at the very roots of democracy and self-government.”

There is no censorship by the FCC, Mr. Fly maintained, but merely supervision to see that broadcasters fulfill their obligations under the law. He said of those who seek to bar foreign-speaking groups from the air: “Many who hear these programs without understanding them—and few of us can understand all of the 31 languages spoker over U. S. stations last. year—are concerned lest, because the language is not English, the thoughts expressed must be un| American.” Pearl Buck: ‘““We Recognize Diversity”’

Pearl Buck, novelist and Nobel Prize winner, reminded the 600 luncheon guests that ‘“‘We are not yet a full democracy. But we are a democracy to this extent, that we choose the democratic way of growth and development. This means that we recognize diversity, we accept diversity—diversity of race and mind and belief as natural and right and beneficial, and that the one unity we want as Americans is the voluntary unity of free minds joined to other free minds. And this is the only basis for the preserva© tion of democracy and for its further growth.”

Raymond Gram Swing, speaking as chairman of the Committee for Democracy, said that “the urge to suspend liberties in a crisis is likely to be emotional and not reasonable. It must be reduced to reason... in a time of national emergency the safe-guarding of civil liberties can not be left to the surge of prejudice and bigotry but to those who love them and prize them as their lives.” Liberty Most Needed in Time of Danger Arthur Garfield Hays, general counsel of the A.C.L.U., warned in a speech broadcast over local station WQXR: “It would be the height of folly in this country, particularly when we are not at war, to follow the counsels of those who would outlaw the Communist Party, suppress the German-American Bund, and the Italian Fascists, cripple the right to strike, censor the radio, or bar the mails to pacifist and other publications opposed to national defense. It is in time of danger when liberty is most threatened that it is most needed.”

Dr. John Haynes Holmes, explaining the function .of the American Civil Liberties Union, said that far from being “radical” or “red” “. . . we are conventional im the sense that we would protect and preserve the conventions of freedom which in the early days of this republic were accepted as the American way of life. We are a conservative organization, in the sense that we would ‘conserve the Constitution. We area stand-pat crowd, in the sense that we stand pat on the Bill of Rights.” es Judge William H. Hastie, distinguished negro jurist now serving as civilian aide to the Secretary of War, declared in his speech that the American people can preserve their civil rights and in fact extend them during the present crisis.

» The luncheon program was broadcast on the National and Mutual networks. It was followed by section discussions on Civil Rights, Censorship, and on N. Y. State and city issues.

Let Freedom Ring

National Office Moves

The staff of the national office of the American Civil Liberties Union is now located in new and larger quarters at 170 Fifth Ave., New York City.

Pomeroy Appointed Housing Aide

‘Harold E. Pomeroy, director of the SRA during the Merriam administration, and thereafter executive secretary of the Associated Farmers for one year, has been named by Charles F. Palmer, “czar’’ of government agencies dealing with defense housing, as his assistant. While labor organizations criticized the appointment, they remembered Pomeroy’s declaration that he was ashamed of his past connection with the Associated Farmers.

Legion Protests Employment of C.O.

In Ontario, California, local Legionnaires have protested the appointment of 23-year- old Jack Majors as Assistant County Probation Officer, because he registered as a- conscientious objector.

Dies Committee Continued

The Dies Committee recently received a 15 months extension and an appropriation of $150,000. Established in 19388, the Committee has now received $385,000 to carry on its activities. —

Two C.QO.’s Appeal

One of the two cases of local conscientious objectors appealing from the refusal of draft boards to recognize their claims is that of Henry W. Nordstrom, a Jehovah’s Witness of Redwood City. Nordstrom, who at one time attended the University of Cali- fornia, was apparently rejected for two reasons, namely, because he took R.O.T.C. at U.C. for two semesters “‘in order to graduate;’’ and because he recently helped build barracks as a carpenter at the Presidio in San Francisco. .On the latter point, Mr. Nordstrom argued, “‘I have to make a living, but I have no power over the use to which my productive labor is or may be put. Even a peaceful farmer may find his crops are more important in pursuing a war than wooden barracks.”

Misrepresentation

Last month we ealled attention to the fact that the A.C.L.U. is in no way connected with the Communist dominated Civil Rights Council of Northern California. This month we want to warn our readers that the A.C.L.U. is not affiliated with the Constitutional Rights Defense Fund Committee located at 712 Montgomery St., Studio 3, San Francisco.

An agent of the Committee, of which | Alden Clark is chairman and Sarah Clyde, secretary, has stated that the A.C.L.U. is cooperating with it in the promotion of a three-day Pacific Arts Fair and Studio Party.

Any such claim is outright misrepresentation. We state again: The A.C.L.U. has no connection with any united front. |

DANGEROUS BILLS ACCUMULATE

(Continued from Page 1, Col. 2)

zenship of applicants for licenses to practice medicine.

The second anti-alien bill, S. B. 1119, by Senator Swan, requires aliens alone to show ability to pay judgments arising from motor vehicle accidents. Especially affected by the bill are Mexican, Filipino, Hindu and other migratory workers.

Separation of Church and State

Under Article IX, Section 8 of our Siate Constitution no public money may be expended for the support of any sectarian school, and the teaching of sectarian doctrines is prohibited. Also, under Article IV, Section 30, all public aid for religious purposes is prohibited. Nevertheless, Assemblyman Turner has introduced A. B. 2545 which permits schools buildings and grounds to be used for religious services, and Senator Collier is the author of S. B. 542 excusing pupils one hour a week for attendance at their churches ‘‘to receive moral instruction in accordance with the religious faith of said pupils.”’ Pupils receiving such instruction will be given school credit, and pupils not receiving such instruction must remain in school during the period when the instruction is given.

Race Relations Bills

Bills in support of civil liberties not previously reported include four by Assembly- man Hawkins of Los Angeles. All pertain to discrimination against persons because of race, color or religion. S. B. 2410 prohibits such discrimination by public utilities in hiring help, and A. B. 1861 prohibits like discrimination in enrolling persons to serve ‘in the military and naval forces of the state.” A. B. 1807 and 1808 are technical amendments to a section of the Labor Code. clarifying the prohibition against racial diserimination in the employment of persons upon public works.

Three other bills provide as follows: Strikers Not Vags

' §. B. 819, by Senators Carter and Kenny, amends the Vagrancy Act to provide that ‘“‘No person who is unemployed because of a labor dispute whether he be a participant or not shall be considered a vagrant.”

A. B. 1740 by Richie prohibits private financial assistance in the prosecution of any criminal case.

S. B. 1115 by Senator Swan requires that a confession used in any criminal action must be supported by the affidavits of two persons who were present when it was given “that it was freely and voluntarily given out of a sense of guilt.”

The Executive Committee of the A.C.L.U. will consider the foregoing bills at its next meeting on March 6. The opinions expressed in the foregoing article are merely those of the writer.

Following is a list of bills already acted upon by the Executive Committee of the

AOL; WE OPPOSE

A. B. 58, establishing membership in the Communist Party, etc., as a ground for disqualifying applicants for the State Bar, ete.

‘A. B. 155, prohibiting government employment of Communists.

S. B. 132, prohibiting employment by the

State, or the holding of office, of persons holding prohibited beliefs. S. B. 894, providing for the study of the King James version of the Bible for 20 hours a year in the 9th through the 12th grades of secondary schools. : S. B. 1119, requiring aliens alone to show ability to pay judgments arising from motor vehicle accidents.

The Committee urges an amendment to -§. B. 727, establishing compulsory drill in ‘Junior and State Colleges, to scientious objectors. :

excuse con

The Fred F. Edwards case, involving the constitutionality of California’s anti-Okie law, making it a misdemeanor to aid an indigent to enter the State, will be argued before the United States Supreme Court sometime during the week of March 10. On February 20 the court received a brief for Edwards signed by Samuel Slaff of the New York bar, and Philip Adams and Wayne M. Collins of the San Francisco bar.

The brief contends that the law in question is unconstitutional .because, 1, it vio- lates the commerce clause of the United States Constitution; and, 2, it violates the Fourteenth Amendment in that it deprives Edwards of liberty without due process of law and denies to him the equal protection of the laws.

Their Only Crime Is To Be Poor

“The existence of the statute in question,” says the argument on the first point, “and the conviction of Edwards by a state which casts a wide net for prosperous visi- tors poses sharply the question whether those whose only crime is to be poor and needy are to be denominated ‘outlaws of commerce’ and barred by a state from interstate transportation and movement. |

“There can, of course, be no question that the passage of persons from state to state constitutes interstate commerce. The protection of their freedom of passage is readily found in the commerce clause whether they be carried by common carae or otherwise and whether free or for ire.

Calif. May Not Build A Chinese Wall

“Whether this statute arises from a fear that economic dislocation may be aggravated by increased cost to the state for relief for some indigents or from other reasons, California may not constitutionally build a Chinese wall to insulate itself now from the people of America whose successive influxes have resulted in her position. ... The natural and reasonable effect of this statute is to deter, impede and bar the movement of indigent persons into California and when in that state, to compel their removal at such times as it pleases the authorities. California has here attempted to set up a statutory border patrol which differs in form but not in principle from the physical border patrols previously established by that state, as well as by Florida and Colorado. It is obvious that California authorities have at hand ‘an instrument of compulsion peculiarly effective as against the poor and the ignorant, its most likely victims.’ ...

“A natural tendency of this statute is to intimidate under threat of criminal prose- cution, not only one who would or might otherwise transport an indigent migrant, but also the migrants themselves. Its consequence is thus frequently to leave the latter substantially helpless to move with the effect of compelling them to remain at their place of origin where employment for them is wanting and opportunity lacking. ...

Virtual Peonage May Result From Law

“Tf the movement of indigent migrants into a state may be barred or impeded because of fear of the creation of a potential burden which may subsequently fall on the Do Okies Have the Right To = Move From State To State?

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residents of that state, or for any such reason, when then may not migration out of a state be restrained where the depopulation thus occasioned would increase the burden of governmental indebtedness to those remaining or might have similar results. Cer- tainly there is no valid distinction whatever between the two types of action. If the principle of freezing of population in areas of origin is constitutionally sound, there is legal sanction for the growth of an economic condition of virtual peonage, chain- ing people to that part of the land where accident of birth has first placed them. ...

Limiting California To the Wealthy

“Poverty is not a ‘moral pestilence.’ These migrants are not improper subjects of com- merce; these upon whom California seeks to place a statutory quarantine of ‘un- touchable’ are not contagiously diseased. Their only illness is an economic one. If this law were valid why could not California | constitutionally require one who entered the state to have $100, $1,000 or $10,000— or a minimum income? Why could not a carrier be required to assure itself of the financial solvency of its passengers before transporting them to the state or remove them from the state in the event of their impoverishment subsequently.” On th

issue of due process and equal protection, the brief declared that the law “denies to the poor man the protection of the laws which it grants to the rich man... A state may not make individual economic ‘security the touchstone of the right to individual liberty under our Constitution. ...

Right To Move Frem Place To Place

“Freedom of movement and of residence must be a fundamental right in a democratic state. This Court has already said: “The liberty mentioned in that amendment. (the fourteenth) means * * * the right of the citizen * * * to live and work where he will.’ Subsequently it held the ‘right to establish a home’ to be ‘without doubt’ embraced within the term liberty. In Williams v. Fears, 179 U. S. 270, 274, Chief Justice Fuller stated: ‘undoubtedly * * * the right to remove from one place to another according to inclination is an attribute of personal liberty * * * and * * * is a right secured by the 14th Amendment.’ Even an alien, once admitted to the United States, has the right of ‘entering and abiding in any state in the Union’ regardless of his personal financial condition or the state of the labor market. Patently, a citizen of the United States can have no lesser right. ...

Economically Disinherited Have Rights

“This right is the more necessary and precious to those who must migrate because of economic compulsions. The dispossessed and economically disinherited must have the legally guaranteed minimal right of freedom of movement ;—the same right to seek the improvement of their fortunes, to seek health, to change their social environment, as those more fortunately situated. The concept of liberty in any just, ordered democratic society must include those rights. No democracy can afford, without denying itself, to permit the legal status of the individual’s ‘liberty’ to fluctuate with

A.C.L.U. OPPOSES CENSORSHIP BY BOSTON POLICE HEAD

The Civil Liberties Committee of Massaehusetts recently opposed the action of Boston Police Commissioner Tumulty in banning the magazine Esquire from the newsstands. The Commissioner claimed to have acted in accordance with an agreement with the publishers. The Committee emphasized that statutes provide ample means of taking care of material which may ‘be contrary to good public morals. Such an agreement between the Police Commissioner and the publishers of the magazine merely points to the extra-legal character of the Commissioner’s action, it stated. “If his economic condition. .. .” such agreements are allowed to spread,” the Committee pointed out, “Boston will be taking the first step against freedom of the press.”

Another Anniversary for Col. Wood

Col. Charles Erskine Scott Wood, author of Heavenly Discourse and member of the Executive Committee of the A.C.L.U., recently celebrated his 89th birthday.

Grapes of Wrath

The Kern County Board of Supervisors has lifted its ban on John Steinbeck’s Grapes of Wrath.

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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 PAULINE W. DAVIES...............Associate Editor Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

OPEN FORUM

Jim Crowism In Defense Industries Editor:

Recent columns of The Nation on defense Jim Crowism have recalled a rank example of the un-American intolerance . some of our defense industrialists.

On or shortly before July 1, 1940, the National Youth Administration, the State Relief Administration of California, and the aircraft companies of California entered into a contract providing for vocational training of young men between the ages of eighteen and twenty-four, preparatory to employment in the aircraft industry.

Among the qualifications for participation in this program, as set forth in a bulle- tin under date of July 18, were physical fitness, high school graduation, a social se- curity card, personality, manual dexterity, aptitude; but specifically prohibited from participation were ‘Jewish, Portuguese, Mexican and negro youths.” This was un- qualifiedly set forth.

Pursuant to that agreement, the State Relief Administration, through Administrator S. G. Rubinow, paid $20,000 to the National Youth Administration as its contribution to the triparte agreement.

Subsequently the Eastside Chamber of Commerce of Los Angeles, a remarkable and progressive organization, called this use of public tax monies for discriminatory purposes to the attention of California’s bere} Governor; Culbert L. Olson.

‘The Governor demanded an explanation Geeubinow and, even:though the contract was already executed, obtained modifications to eliminate the discrimination. The present requirement is that the youths be of second generation American birth. Produetion of a birth certificate and either the ‘birth certificate or naturalization papers of both parents are essential.

This contract, incidentally, was one of the numerous examples of Rubinow’s incom- petency which ultimately led to his dismissal by Governor Olson.

It is to be hoped that this insistence upon racial qualifications for employment by. the aircraft industry of California does not indicate the type of democracy the industry believes America is arming to defend.— M. Stanley. Mosk, Executive Secretary to -Governor Olson.

NEW BOOKS ON CIVIL LIBERTIES

“Our Freedoms,” a series of ten school readers published as units in an integrated course of study on our civil liberties, represent an attempt to meet a real need in eduaa Intended for use in high school or junior high school grades, each volume ex- cept the first is devoted to a single aspect of civil liberty, such as Free Speech, Lib- erty of the Press, Religious Liberty, and Fair Trial. The first volume, “‘The Rights We Defend,” gives the historical background of civil liberty as a defense against ‘tyranny and the abuse of power.

The subjects are presented through dramatization, and the books are profusely illustrated in color. Unfortunately the illustrations of the first volume are sentimental and lacking in imagination, but this fault is overcome in later volumes. Text is by Chester L. Williams and the series is edited by John W. Studebaker, U. S. Commissioner of Education. In spite of shortcomings, teachers will find the books useful, since material of this kind is almost entirely lack‘Ing. Published at 48 cents a volume by “Row, Peterson and Co., 131 E. 28rd St., New York City.

No Civil Liberties Issu In the Sam Dare y

The perjury charge against Samuel Adams Darcy has attracted widespread attention because of the allegations of political persecution and the protracted proceedings in the federal courts to resist extradition from Pennsylvania.

Efforts are being made in the courts to secure dismissal of the indictment on the ground that it is based upon political prejudice, not upon any substantial offense. It is therefore claimed that issues of civil liberty are involved. The Northern California Branch of the American Civil Liberties Union has examined the facts in the case and has come to the conclusion that the proceedings to date raise no issue, properly speaking, of civil liberty, although prejudice against Communists may well be one factor in the prosecution. If political prejudice is shown in the trial record, the American Civil Liberties Union, in the event of a conviction, will offer assistance in any appeal taken.

The Facts

The facts of the case are as follows:

1. Samuel Adams Darcy, then residing in California where he was secretary of the Communist Party, registered as a voter in San Francisco on March 27, 1934, giving his birthplace as New York. He ran for the office of governor on the Communist ticket in the following election.

2. In the following summer (1935) the San Francisco Police Department was requested by the Department of State at Washington to investigate a passport application by Samuel Adams Darcy, who in that document gave his birthplace as the Russian Ukraine. The discrepancy in the place of birth caused the police department to put the case before the grand jury. Whether the department was motivated by prejudice against Communists in doing so is a matter of speculation. No similar case appears to have been brought to its attention and discrimination is therefore difficult to prove.

Indicted For Perjury

3. The grand jury on September 6, 1935 indicted Darcy for perjury, a felony punish- able by one to fourteen years in the state prison. The charge not only included the false declaration as to birthplace, but as to his name, it apearing that he had changed his name from Samuel Dardeck to pale) Adams Darcy.

4. Darcy came to the United States at an early age, and while still a minor acquired citizenship through his father’s naturalization. He was therefore eligible to vote and to be a candidate for the office of Governor of California. His apparent motive in concealing his Russian birth was to prevent prejudicing his candidacy for public office. Extradicted From Pennsylvania

5. Before the indictment was returned in September, 1935, Darcy left California for Europe where he remained until December, 1937. Upon his return to this country, Darcy in some way escaped a “hold order’”’ which the San Francisco police claim was placed with the Immigration Service in New York City. Thereafter, he went to Minnesota, where he successfully evaded arrest, and finally to the State of Pennsylvania, where he became secretary of the Communist Party. When California officials learned of his whereabouts in that state, extradition proceedings were institut‘ed in 1939. Governor Olson of California, when signing the warrant of Extradition, expressed misgivings as to the seriousness ‘of the charge and therefore as to the desirability of going to the expense of extradition. Darcy fought the extradition proceedings in the federal courts in Pennsylvania and carried his resistance unsuccessfuly to the United States Supreme Court. Federal Justice George A. Walsh of Philadelphia, ‘before whom the proceedings were first heard, although refusing Darcy’s petition, stated that he “shared Governor Olson’s misgivings.”

6. Darcy, after having lost his appeal in the federal courts, was returned to Calif ornia where he is at liberty on $5,000 bail pending trial. 6

No Basis For Intervening

It will be seen from this statement of facts that although the offense charged is trivial, no issue of civil liberties is involved. The procedure has been regular and no evidence of political prejudice colors the record on its face. It may be true that cases of falsifications of registration take place every year, but the fact that criminal proceedings are brought even in an isolated case, though it may give rise to the assumption of prejudice, does not warrant the intervention at this point of the A.C.L.U. In the Darcy case the San Francisco Police Department was confronted by Darcy’s own admission of falsification in registration. The issue of political prejudice is therefore no more than a reasonable surmise; and unless it appears in the court proceedings on trial the Civil Liberties Union does not now feel justified in publicly intervening. (The foregoing statement was adopted by the Executive Committee of the Northern California branch of the A.C.L.U.).

Baldwin Defends Teachers’ Freedom in Radio Debate

' “Powerful forces are intent upon preventing the schools from discussing favorably the changes in our political and economic System brought about by the continuing crisis arising from the collapse of 1929,” Roger N. Baldwin, director of the American Civil Liberties Union, stated in a recent radio debate with Merwin K. Hart, head of the New York State Economic Council.

Mr. Hart has played a leading role in advertising the presence of ‘“‘subversive eles ments” in the schools.

“ “The mere question of a Fifth Column in our schools raises suspicions as to the loy- alty of our teachers, just as did the imposition of loyalty oaths by legislative act, and just as have certain legislative investigations of the school system directed to subversive activities,’ Mr. Baldwin said. “Such Suspicions are a libel on a school system whose loyalty to democracy cannot be questioned. The nation’s schools are patriotic in the best sense. The radicalism to be found anywhere is so insignificant as to be beneath notice. If there are Communist teachers in the American public school system, they are a mere handful, and most of them are masquerading as something else. If there are teachers or administrators with divided loyalties, one to the United States and the other to some foreign dictatorship, they are “mighty few and mighty quiet.”

The drive against “subversive” teaching is not aimed at actual Communists or Fasc- ists, Mr. Baldwin declared, but at democracy itself.

“What the present drive means if successful is that the schools are to be insulated against study of the obvious changes in the political and economic sys‘tem of our time. Democracy, I may remind ‘the gentlemen behind this drive, is a pro‘cess of change. We cannot stand still. Nor can the schools stand still. A study .of -change is the best preparation for the responsibilities of citizenship. That is obviously one of the schools’ primary obligations. “The problem of today and the future is how to make our democracy work to produce and distribute wealth fairly to all the people, and to survive in a world of aggressive dictatorships. In that vast struggle the ‘Obligation of the schools is to prepare the rising generation for tasks harder than our “Own, and to do it with the integrity of a ‘school system wholly free from outside dictation; and of us all to resist all invasions -of the schools under the guise of exposing Fifth Columnists, Trojan Horses, and the :enemies of “private enterprise,” Mr. Baldwin concluded.