vol. 10, no. 4

AMERICA LIBERTIES UNIUN-NEWS

“Eternal vigilance is the price of liberty.”

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SAN FRANCISCO, CALIFORNIA, APRIL, 1945 No. 4

Move To Call Anti-Bias Bill From Committee

Following rejection of the proposed California Fair Employment Commission, A.B. 3, by the Assembly Committee on Governmental Efficiency and Economy, Assemblyman Augustus Hawkins, author of the bill, announced that he would move to have the bill withdrawn from committee. Such action requires 54 of the Assembly’s 90 votes because the measure carries an appropriation. Persons who are for the bill should write to their assemblymen immediately urging a favorable vote.

The motion to give the bill a “do pass” recom- mendation lost by a vote of 8 to 10. Voting for the bill were the following: Glenn Anderson, Hawthorne; Julian Beck, San Fernando; Edward Carey, Emeryville; Randall Dickey, Alameda; John Evans, Los Angeles; Augustus Hawkins, Los Angeles; Jonathan Hollibaugh, Huntington ‘Park; and, Bernard Sheridan, Oakland. (8) Committeemen voting against the bill were as follows: Douglas Armstrong, Redlands; Montizel Burke, Alhambra; Harrison Call, Redwood City; ~ Thomas Erwin, Puente; C. Don Field, Glendale; Walter Fourt, Ventura; Jacob Leonard, Hollister: | Albert Stewart, Pasadena; Clyde Watson, _ Orange; Thomas Werdel, Bakersfield. (10) Speaking against passage of the bill at the more than two-hour committee hearing were Gil- ford Rolland, representing the San Francisco Em- ployers Council; Stewart Strathman of the Asso- ciated Farmers of California, and J. R. Chelew ' of the Merchants and Manufacturers Association of Los Angeles. Some of the arguments used against the measure were that employees and not employers are chiefly responsible for racial discrimination and that employers would be penalized for refusal of employees to work with colored people; that the bill would cause union troubles; that alien Japanese will receive benefits under the measure; that the proposal discrim- - inates against whites.

___ Still to be acted upon by the same committee is A.B. 1399 by Sam L. Collins, which is referred to .as the “Governor’s bill’’. It would establish a com- mission to investigate racial discrimination, and the enforcement of present laws against such discrimination, call conferences, conduct a cam- paign of education and report to the Governor and the Legislature. The bill has been advanced as a substitute for A.B. 3, the Fair Employment Practice Commission bill, and as such it is being opposed by the A. C. L. U.

New York State FEPC Bill Passed

A bill to set up a permanent state commission against discrimination in employment passed the New York legislature March 5 and was sub- sequently signed by Governor Dewey. It will be-

_ come effective July 1. In its final form the bill provided for a five-man commission to be ap- pointed by the governor, with the power to Subpoena witnesses and hold hearings, and pro- vides $500 fine and one year in prison for violat- ing Commission findings.

Under the bill employers of more than Six persons are forbidden to discriminate either in employment or compensation on grounds of race, color or creed; and labor unions are for- bidden to discriminate either in admissions or “in any other way” against members. Employ- ers and employment agencies are forbidden to print or circulate any statement which makes race, color or creed a condition for employment. Provision for review of Commission actions by the courts is included.

WAR MANPOWER COMMISSION HELPS _ ‘JIM CROW' UNIONS COLLECT DUES

Following a complaint by the Northern Cali- fornia branch of the A. C. L. U. that the War Manpower Commission, through the U. S. Em- ployment Service; was requiring colored work- ers to pay up dues in Jim Crow unions as a condition of being referred to new jobs, Sam Kagel, state manpower director for Northern California, has assured the A. C. L. U. that existing regulations will be changed to eliminate the objectionable practice.

The situation was called to the union’s atten- tion by one Bersie Coleman who had received a clearance from his job as a “chipper” at the Western Pipeand Steel Co. “Chippers” come un- der the jurisdiction of the Boilermaker’s Union, which maintains a so-called Auxiliary for colored workers in the trade. Mr. Coleman took his clearance to the U. S. Employment Service in San Francisco and was informed that he would have to have it approved by the union before the U. S. E. S. could send him out on another job. Coleman said he didn’t want to have any- thing further to do with the union and that he had no desire to stay in a craft under its jurisdiction. Nevertheless, Mr. Coleman was re- quired to go to the union’s headquarters. From there he was sent to the offices of the Auxiliary, where he was advised that his clearance would not be approved unless he paid certain back dues, This, Coleman refusea to ido. Ultimately, Cole- man was referred to another job by the U. S. Employment Service without paying the dues, but the case served to present a general problem — for solution by the A. C. L. U.

Nisei Ban Worse Than Martial Law Says Wirin

American citizens of Japanese descent are treated with less respect for their legal rights than soldiers at the front, civilians under martial law, or even enemy nationals in a conquered city, A. L. Wirin, counsel for the Southern California Branch of the American Civil Liberties Union told Judge Pierson M. Hall of the Los Angeles Federal District Court on February 27 in argu- ing for an injunction to restrain Western Defense Commander General H. C. Pratt from excluding three Japanese Americans from the west coast. The three Japanese Americans, Dr. George Ochi- kubo, Oakland dentist; Kiyoshi Shigekawa, San Pedro fisherman; and Elmer Yamamoto, Los An- geles attorney, were all barred from the west coast by individual army orders after they had been certified as loyal by the War Relocation Au- thority after FBI investigation.

Attorney Wirin pointed out that the army ex- clusion orders were issued without charges or adequate hearings, and that the Japanese Ameri- can citizens could not even find out the sources of the information relied upon by the army in is- suing the orders, and said: “It cannot be the law and it cannot be constitutional that a soldier sub- ject to army jurisdiction has rights to a fair hearing which a civilian citizen, not ordinarily subject to army jurisdiction, does not have under the individual exclusion procedure. A soldier at the point of gravest danger and emergency, as for example at Iwo or Coblenz, is entitled to some legal protection before he can be punished for the slightest infraction of army regulations, while a citizen of Los Angeles is not. An American citi- zen in Los Angeles is not even entitled, under the individual exclusion procedure, to a hearing as fair and full as enemy nationals under the Ameri- can military government of occupation in Rome or Aachen.”

‘practices we have come across in Mr. Floyd Burns, manager of the U. S. FE. S. _ at 1690 Mission Street, San Francisco, informed the Union that regulations required hin®to send workers to the unions to have their clearances approved, even though they were withdrawing from that particular craft. And, Mr. Henry Harvey, area director of the War Manpower Commision, confirmed the regulation and prac- tice. a

‘Thus far the A. C. L. U. has been unable to secure a copy of the objectionable regulation. Mr. Burns claimed the regulation was “confiden- tial,” while Mr. Harvey agreed to furnish it only if he received a written request. The Union contends that a public agency should not attempt to conceal regulations that workers are required to abide by, so it has protested the War Manpower Commission’s failure to furnish it with a coupy of the particular regulation.

In the complaint to Sam Kagel, the Union de- clared, “We submit that the U. S. E. S. may not be made a collection agency for union dues. While white workers (who are subjected to the same regulation) have a justifiable complaint. the complaint of Negroes is much more Serious. — If the U. S. E. S. will not refer a worker to a new job unless his old union checks his clear- ance, it means, in effect, that the government is using its power of job stabilization to compel a worker to pay dues to a Jim Crow union. This seems to us to be one of the most shocking © a long time, and we respectfully submit that it should be corrected without delay.”

ACLU Hails Biddle Report Urging War Objector Reforms

Attorney General Francis Biddle’s annual re-- port released March 18 urging Congress to con-— sider ways of halting the imprisonment of Jeho- vah’s Witnesses and other war objectors, who now number 4,000 out of a total of 18,000 in fed- eral prisons, was hailed by the American Civil Liberties Union, as “the first official recognition — of underlying problems.” The Union has urged that genuine war objectors ‘opposed to all con- scripted service should be granted complete ex- emption, as in England, rather than imprisoned. _

Recently the Union urged Attorney General Bid- dle through thirty prominent churchmen of all faiths to revise the parole system to release the 3,000 Jehovah’s Witnesses in prison so that they meyt render “some useful service to the coun- ry.” ‘ ~ In his report Attorney General Biddle said the Special difficulty posed by the Jehovah’s Wit- nesses “is that they generally decline to accept a conscientious objector classification, maintaining © that they are entitled to the absolute exemption | accorded to ministers. This difficulty can hard- ly be resolved unless Congress is willing either to alter the ordinary concept of ministers or to grant absolute exemption to conscientious ob- jectors.”’

Attorney General Biddle also called attention to several hundred objectors in federal prisons who refused alternative civilian service because opposed to conscription in any form, and said: — “They have been given separate classification and exemption under English law, and short of this they will continue to be a constant source of dif. ficulty.” S

The Civil Liberties Union will urge that Con- gress act favorably on Attorney General Biddle’s ‘recommendation that funds earned by conscien- itous objectors now frozen in the Treasury be released to provide for their dependents.

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AMERICAN CIVIL LIBERTIES UNION-NEWS

Texas Univ. Faculty Supported In Stand Against Trustees

Members of the faculty of the University of Texas last month were congratulated on an “‘in- _ spiring stand in defense of the freedom of a great _ university,” with a prediction that the Southern | Association of Colleges and Secondary Schools will bring in “a report that may save the Uni- versity,” in a letter from the Committee on Aca- demic Freedom of the American Civil Liberties Union. Three hundred members of the faculty _ were addressed by the Civil Liberties Union Com- mittee following reports that the Texas State Board of Regents was appealing to the faculty to appoint an advisory committee to cooperate in the selection of a new president to replace Dr. Homer P. Rainey, discharged last year.

The faculty members were told, “If you can vent the trustees from stabilizing the situa- ion for another month, we are confident that u can win a full victory for academic free- lom,” in letters signed by Prof. James M. O’Neill f Brooklyn College, chairman of the Civil Lib- rties Union Committee on behalf of his associate embers. Among them are George N. Shuster, President of Hunter College, New York City; Frank P. Graham, President of the Uni- ersity of North Carolina; Prof. Arthur O. Love- oy, of gohn Hopkins, Baltimore; Felix Morley, resident of Haverford College, Pennsylvania; illiam Allan Neilson, President Emeritus of mith ‘College, Massachusetts, and Mary E. Wool- y, former president of Mt. Holyoke College, 2

The Southern Association of Colleges and Sec- ndary Schools through a subcommittee under 1e chairmanship of Herman L. Donovan, Presi- ent of the University of Kentucky, recently in- estigated the situation at the University of Tex- s and is expected to deliver a report in the near uture. Members of the University of Texts fac-

y the Southern Association had been instru- ental in saving the University of Georgia, when similarly attacked.” Prof. O’Neill observ- ed that, “no educator of integrity would accept the presidency of Texas as matters now stand, ugh some jobhunter doubtless would be glad et the salary.” He said that the issue is the _ trustees’ theory that they are responsible for all ; teaching and teachers. ‘Under the Board’s the- y,’ said Prof. O’Neill, “the trustees of a hos- patients.”

F War Objectors Held In CPS Camps Get A Break

_ Several court actions brought by the American Civil Liberties Union to free conscientious ob- jectors held in Civilian Public Service camps aft- er they had applied for army service, and been re- jected as 4F have been mooted by a new regula- tion by Selective Service. About twenty-five cas- es of men who changed their minds about serving in. the army have arisen in the last year. After they had applied for reclassification for combat- ant or non-combatant service and been rejected by the army, they were still held in the objector’s camps. The new regulation of Selective Service provides that men applying for army service will ; automatically released from Civilian Public vice immediately upon filing their applications, and sent back to their local draft boards who will treat them almost like new registrants. If re- jected they will receive a 4F from the local board. The twenty-five men still in camp will come under this ruling by reapplying.

ACLU Supports N. Y. State Anti-Bias Law Before U. S. Supreme Court

The U. 8. Supreme Court was urged to declare a New York State law barring racial discrimina- tion in unions applicable to the Railway Mail As- sociation, a railway postal clerks union, in a brief filed by the American Civil Liberties Union last month. Signed by Arthur Garfield Hays and Walter Gordon Merritt, both New York attorneys, the Civil Liberties Union brief held that distinc- tions based upon race, creed or color “cannot be considered a reasonable basis for refusal to admit to trade unions’’. ‘The Railway Mail Association, which bars Ne- | groes, appealed to the U. S. Supreme Court against a decision of the Supreme Court of New York State last July, which held that the Associa- tion comes under the provisions of the New York Civil Rights Law that “no labor organization shall directly or indirectly deny a person membership M™ its organization by reason of _race, color or creed’’, _Attorneys for the Railway Mail Associa- tion maintained that the law does not apply to a Union composed wholly of federal postal employ- es engaged in interstate commerce.

Ity were reminded by Prof. O’Neill that a report © I could decide what medicine should be given -

Clearwater, Florida, "Work Or Jail" Law Attacked

A test in the higher courts of the recently passed Clearwater, Florida, “work or jail’ ordin- ance was foreshadowed in the announcement March 19 by the New York office of the Ameri- can Civil Liberties Union that it had instructed Florida attorneys to find a case on which to test the law. Stating that it was willing to take the issue to the highest courts, the Civil Liberties Union said it had been trying for some time to get test cases on similar laws enacted in South Caro- lina, Texas and Georgia.

Director Roger N. Baldwin of the Civil Lib- erties Union said: “It has always been our con- tention that such legislation is unconstitutional. Compulsory labor except as punishment for crime has always been considered a form of in- voluntary servitude, barred by the Constitution. This is especially true in view of the fact that such laws are: applied almost exclusively on a racial basis and thereby discriminates against Negroes.”

The Civil Liberties Union acted on reports that Robert Lee Akins, Negro, and Philip Rockwood, white, among others, had been sentenced to ten days in jail under the newly passed Clearwater ordinance, which reads: “Any employable per- son over the age of 16 years who shall be found within the limits of the City of Clearwater aim- lessly idling away his or her time or refusing to accept employment in a gainful occupation reas- onably essential to the war effort, shall be deem- ed guilty of loitering.” Conviction carries a fine of not more than $300 and 90 days in jail. The ACLU, while opposing local laws for compulsory labor, has endorsed federal “work or. fight” leg- » islation when necessary as a war-time measure, provided it-contains provisions for complete ex- emption for conscientious objectors and guaran- tees against racial discrimination.

Anti-Nudist Bill Scheduled For Committee Hearing on April 9

The Assembly Crime Correction Committee will hold hearings in Sacramento on the anti- Nudist bill, A. B. 344, Monday afternoon, April 9, at 3 P. M.

The Executive Committee of the Northern Cal- ifornia branch of the A. C. L. U. voted to oppose this bill on the ground that there is no justifica- tion for public interference with the practice of nudism on private property away from the public gaze, which does not in itself offend public mor- als. The Union has always taken the position that nudism in itself is not a moral offense.

COMPLAINT FILED WITH F. C. C. AGAINST STATIONS BANNING ATHEISTIC PROGRAMS

Robert Harold Scott of Palo Alto last month petitioned the Federal Communications Commis- sion to revoke the licenses of radio stations KQW, KPO and KFRC, all of San Francisco, on the ground that the “stations sell or give free time, either directly at their studios or by way of net- work transmission, for the broadcasting of state- ments and arguments against atheism and for in- direct arguments against atheism, such as church services, prayers, sermons, Bible readings, and other kinds of religious programs. On the other hand, all these stations refuse to make their fa- cilities available for the broadcasting of atheistic talks or any other views in conflict with religious beliefs as widely held in this country.”

The petition relied on the policy of the F. C. C., as expressed by former chairman James L. Fly, that “When a radio station uses its facilities to present its own ideas or philosophy to the exclu- sion of conflicting ideas it is not offering to'the public a balanced presentation, and, because it is not operating in the public interest, it is the duty of the Commission to take it off the air.”

The petition also requested a formal hearing, to be held in or near the city of San Francisco.

FREEDOM OF SPEECH LIMITED BY WAR RELOCATION AUTHORITY AT TULE LAKE

Last month the War Relocation Authority imposed drastic regulations on segregees at the Tule Lake Segregation Center limiting in great measure their freedom of speech, press and as- semblage. The purpose of the regulation is sup- posed to be to prevent the “promotion of Jap- anese nationalistic and anti-American activities” and to maintain the peace of the community. Violations of the regulations are subject to prose- cution in the local project “court” presided over by R. R. Best, the Project Director.

Typical of the vague type of regulation enacted is the following: “Japanese nationalistic, anti- American, or other unlawful speeches, lectures, teachings, sermons and similar activities are prohibited.”

Union Won't intervene In Case Of Cecil B. DeMille

When the newspapers reported that Cecil B. DeMille of Hollywood was contesting in-the # courts a one dollar assessment levied against a him by the American Federation of Radio Ar- (ff tists to oppose in the November election an 7 amendment outlawing the closed shop in Cali- ¥ fornia, the American Civil Liberties Union con- # sidered entering the case in the higher courts — on the ground of the Union’s established prin- ciple that “no member of a union should be ~ assessed for a political purpose which he does ~ not support.” . a

A consideration of the facts made it evident # that the general question was open to debate in (#6 Ff this particular case. While the isuue was politi- — cal in the sense that it was submitted to a vote of the people, it was also peculiarly within the province of trade unionism in protecting what unions regard as their interests, and therefore, — economic rather than political.

The Board of Directors of the Civil Liberties — Union consulted the members of its Committee — on Civil Rights in Labor Relations and concluded that the case presented by Mr. DeMille is not a suitable test of the principle of assessment for a political purpose. That conclusion is re- inforced by the findings of Judge Emmet H. Wilson of the Superior Court of Los Angeles County, who, in a decision on Mr. DeMille’s — application for an injunction said, on January 4th, 1945:

“I have been unable to find a sustainable ground upoh which it could be held that a union may not expend its funds for the purposes — which its officers consider for the betterment — of the condition of its members, as long as it — is not used in political activities, and I do not regard such activities as including the support of legislative measures that advance their law- ful aims or the opposition to those that frus- + trate them.” . a

Judge Wilson went. on to say that the union might not only expend its funds for such pur- poses, but assess its members and suspend a member for not paying his assessment. He added: “The dissemination of the principles of a union and opposition to their impairment dif- fer widely from an attempt to elect or defeat | a candidate for a political office.” ~ Hermination

In view of the fact that the case does not - ininatoy raise a clear-cut issue of the assessment of a_ ill union member for a political purpose he does not support, the Union will not participate in the appeal which has been taken. -

RIGHTS OF TENANTS IN PUBLIC HOUSING — WILL BE RESPECTED, SAYS KLUTZNICK

Following a complaint to the Federal Public Housing Authority that the maladministration of war housing in Richmond, California, was leading to racial troubles in that community, the Union late last month received a communication from Commissioner Philip M. Klutznick assuring it that civil rights of the tenants in the projects will be respected. Said Mr. Klutznick, “This shall constitute assurance, on my behalf, that this Agency of the Federal Government will take any and all action necessary to see that the adminis- tration, management, operation and maintenance of the war housing projects in Richmond (and for that matter any place in the United States) shall comply with all applicable local and Fed- eral laws and regulations pertaining thereto.”

In the meantime, the Richmond Housing Au- “ thority secured an extension of 30 days to an- swer the injunction suit filed by the O. P. A. The Washington office of the O. P. A. has assured — Ryo the Union that Attorney Sawallisch was without | DD PRe authority to announce that the suit would be a Month th dropped. Recently, the N. A. A. C. P. in Rich- Bh gy mond urged the OPA to press the suit vigorously.

HENRY WEBER’S CASE UP FOR REVIEW BY CLEMENCY DIVISION OF J.A.GsOFFICE

The case of Henry Weber, objector and Social- Pa face ist Labor Party member, who was court mar- ‘

tialed and sentenced to death for refusal to bear

arms, but whose sentence was finally reduced to “th Me OW five years’ imprisonment, is now pending before ha bv the clemency division of the Judge Advocate Mie Cc

General’s office of the Army. In the meantime, Weber has been transferred to the disciplinary barracks at Fort Leavenworth, Kansas, to serve his sentence.

This month, the A. C. L. U. representative in Saag fr of Washington and Congressman Savage will sit “Tang ating down with Col. Kunkel, representing the Judge /aj? ‘Moy Advocate General’s office, to examine evidence i gathered in recent weeks to support the Union’s contention that at all stages of the proceeding Da Weber made clear that he was oposed to killing, and . and that he should, consequently, be assigned to tag non-combat duties.

AMERICAN CIVIL LIBERTIES UNION-NEWS

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California Alien-Land Law Upheld; Appeal To Supreme Court Foreseen

A California statute barring’ ownership of land by aliens ineligible for citizenship will be appealed to the State Supreme Court and even- tually to the U. S. Supreme Court, Attorney A. L. Wirin, counsel for the Southern California Branch of the American Civil Liberties Union announced March 14, after Judge Charles G. Haines of the San Diego County Superior Court had refused to pass on the constitutionality of the law in a case argued by Attorney Wirin February 21.

Defending the Masoke Hirosa and Fred Oyama families against a suit brought by the State of California to deprive them of their lands under the statute, Attorney Wirin argued that the Cali- fornia alien land law deprives persons of Japa- _ nese descent of the equal protection of the law guaranteed by the Fourteenth Amendment.

He said that twenty-year-old decisions of the California Supreme Court and the U. S. Supreme Court upholding the law are no longer binding in view of the court’s more liberal views on racial questions in recent years. Judge Haines ruled that he was bound by the early decisions, and said: “Whether in view of changed views on the subject of race, classifications stressing that consideration have ceased to be reasonable in the Federal Constitution, is a question not very appropriate for consideration by a trial court.”

NLRB Examiner Bars Race Segregation In Tobacco Workers Union

An important precedent that will “go far to eliminate discrimination against Negroes in trade unions,’ was seen by attorneys for the American Civil Liberties Union in an NLRB rec- ommendation on continuing certification of the Tobacco Workers Union, AFL, local 219 in the Larus and Brothers plant at Richmond, Va. NLRB Examiner Frank Bloom found that “by establishing a separate local for colored em- ployees the International and the AFL (a) have vitiated the purpose and intent of the NLRB in its determination of the unit, (b) have engaged in discriminatory segregation running counter not only to the Board’s frequently enunciated policy but also to the national policy expressed by the President of the United States in Execu- tive Order 9345, and (c) have violated rights guaranteed by the Fifth Amendment to the Constitution.”

Mr. Bloom recommended that the NLRB with- draw its certification of Local 219 unless the AFL and the International inform the NLRB within fifteen days that “all employees in the appropriate unit found by the Board have been notified that they are eligible to membership in Local 219 and will. be taken into membership upon making application, and that the charter of Local 219B (in which Negro workers are segregated) has been cancelled.” Civil Liberties Union attorneys who had filed a brief with the Board urging that it consider the question of segregation and discrimination, said that if the recommendation is adopted, the decision would mark “the beginning of the end in union dis- crimination against Negroes or other racial mi- norities.”’

DONATION OF A PINT OF BLOOD HELD TO BE VOID PROBATION REQUIREMENT Last month the Ninth U. S. Circuit Court of

Appeals in San Francisco declared it regarded a probation requirement that a defendant “report _to the Red Cross Blood Bank within the next 30 days and donate a pint of blood” as invading the physical person in an unwarranted manner and void on its face. It may be entirely disregarded.” Judge Wilbur disagreed.

The decision was handed down in the case of Kenneth Mervin Springer, a Jehovah’s Witness, who had been convicted, by the U. S. District Court in Los Angeles for violating the Selective Service Act in failing to report for induction. Springer was sentenced to three years imprison- ment and fined $1000, after which the court ent- ered an order of probation suspending the sen- tence, and placing the defendant on probation for four years, “provided that he shall forthwith se- cure and continue to be employed as a ward at- tendant in one of the three veterans’ hospitals in this area, . . . pay said fine at the rate of $50 per month . . . and donate a pint of blood.”

Springer’s draft board had classified him as a minister in June, 1941, but the Board of Appeal changed his classification to 1-A in September, 1943. The conviction was sustained.

ATTORNEY GENERAL KENNY URGES FULL PROTECTION | FOR RETURNING JAPANESE-AMERICANS

Appearing before the 51st annual convention of the Sheriffs of California, held in Sacra- mento on March 16, Attorney General Robert W. Kenny made the following eloquent plea for full protection for the returning Japanese- Americans:

Today California is peculiarly in the eyes of the world. The San Francisco Conference, which will begin on April 25, is one of the most im- portant international events that will take place in our time. We are glad to have had one of our cities selected as the meeting place, but must be fully aware of the responsibilities such a designation brings with it. Many hundreds of foreign leaders will be here. There will also be more than 500 newspaper correspondents, ac- cording to information presently available. These leaders and correspondents will represent every nation of the world with the exception of enémy and neutral countries. And_just as the world knows the next day what is said in our Con- gress today, so will the’ world know promptly what happens in San Francisco during that con- ference. There will be Occidentals and Orientals; Europeans, Africans, Asians, Americans; Mon- golians, Caucasians, Negroes. These visitors will hear the story of democracy, the story of equal- ity among men. They will be working out the machinery to build a world democracy and a perpetual equality among men and nations. Ger- man and Japanese radios mention the Con- ference in scoffing terms; but our Allies speak of it as a hope for the future—hope for a world without recurring wars. American citizenship with its attributes of fearlessness, self-assur- ance and dignity, means much to the hearts of men who have suffered under the Nazi and Nipponese yokes. We must, therefore, make absolutely sure that nothing interferes with the welcome we extend—that nothing occurs in California to mar the impression on our guests of democracy in operation.

America has long been known as the melting- pot. Even so, as a nation we are not always too easy on the “foreigner.” Those of us who ar- rived first find it easy to resent newcomers. And that process usually doesn’t take even a generation. When California was a Frontier, there was a place for everyone. When we started putting up barbed-wire fences, the welcome mat was gradually drawn in until finally it was al- most entirely out of sight. This coldness as a rule manifests itself earliest against those who are different.”’ All over the nation, the color line has been the easy one to distinguish, and mem-. bers of other races, with the signal of their race clearly showing, have been the victims. In the South, the Negro has stood out; in the South- west, the Spanish-Americans have been so mark- ed; all over the land the Indian—the only na- tive American—has been pushed from the land of his forefathers; and in California the “yellow peril” has borne the brunt of our growing con- servatism.

This morning, I want to bring these general- izations down to earth and talk about Japanese- Americans.

In late 1941, we were all appalled and stag- gered by the blow at Pearl Harbor. The very words have come to mean to all of us “treach- ery,’ and “cowardice,” and “savagery.” The at- tack will go down in history as a blot against a nation, and I doubt if Japan will ever be able to erase it. The whole of America was aroused —indignant, horrorstruck, and ready to fight. In California, where many Japanese had settled, there was right in our midst a group we could readily identify. Their faces marked them, and it was possible to segregate and remove them from the State to interior locations. This was a war measure—I want to emphasize that—one deemed essential to the defense of our country, and therefore done without quibbling but with alacrity and dispatch. Just as the whole country was organized against the unlikely contingency of enemy attack, the Pacific Coast. made extra preparations against possible subversive activity. The lives and rights of citizens became. sub- merged in our Country’s danger. .

If we look on the other side, however, and consider the effect on an individual concerned— the man who was taken from his home, forced to store or sell all his belongings overnight, usually at prices ruinous to himself, and in- terned—the situation will not appear to be so simple.

Now that the emergency has passed and there has been time to ascertain the loyalty of in- dividuals, the highest court of the land has ruled that such an action, without the grave military necessity, would have been unjustified; we have Peace Officers. The criminal, and the very agency which ordered the whole- sale removal has now rescinded the order and declared that those whose loyalty to this coun- try is no longer in question, are free to return to their homes or to go where they please.

“Military necessity” must have been as grave with regard to Germans and Italians. They, too, were fighting the United States. We are still finding evidences of the spy work of Nazis and representatives of Mussolini who were sent to this country to undermine its defenses and aid the enemy. Germans and Italians from the West Coast were not; however, evacuated en masse and put into internment camps. There was an important difference. Frankly, we couldn’t iden- tify them. Hence they were left free to carry on their spy work until they were caught. It is cer- tainly to our advantage that we were able to prevent people loyal to Japan from continuing any fifth column work of espionage or sabotage. I am simply pointing out that we were fighting three enenties, and were able to segregate only representatives of one. And I am glad that the thousands of persons of German and Italian ex- traction who are loyal to this country did not have to suffer the indignities, humiliations, and economic hardships of internment and removal from their communities,

The Constitution of the United States has many amendments. None is more dear than No. Five—‘No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand Jury ol.

the sain offense to be twice put in jeopardy of life or limb; .. . nor be deprived of life, liberty, or property, without due process of law.” No. Six provides “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed ...; to be confronted with the wit- nesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

It is to protect and maintain these rights that your enemy, has no concern for the rights of others. He punishes with a blackjack or sawed-off shot- gun—and without indictment. He may put the innocent citizens in jeopardy many times; he deprives of life, liberty, and property, not by “due process” but by murder kidnapping and robbery. You are the protector of these rights —not only of the wealthy and strong but also of those who are small and weak.

With the determination by the War Depart- ment that military neccessity no ionger requires the exclusion of the Japanese-Americans from the West Coast, and the decision of the Supreme Court of the United States that the rights of the Japanese-Americans must be restored, these rights again are theirs. Remember—and remind people—that this applies only to those whose loyalty to these United States has been deter- mined and who are hence being allowed to leave the War Relocation Camps. These rights are meaningful—and must be protected. And it is the, duty of law enforcement officials to cast aside any personal prejudices they may have and fully to protect the returning Japanese- Americans.

Each of us has, I am sure, given much thought to this problem and to the effect their return will have on his own community. I won- der, though, how many of us have gone to the bottom of the thing; gone far enough to be able clearly to see some of the reasons behind the unwillingness of some people to allow their return without incident. These are several groups to be found among those who are stir- ring up trouble:

1. In every community, there are some—for- tunately, not many in most places—who simply admit to a strong “race prejudice’ which they do not excuse or explain, and even seem to take a mild pride in. In dealing with that group, the solution frequently lies in keeping it inco- herent and not associated with an active body. Even our personal prejudices are protected in “freedom of thought”! :

2. The “hoodlums” are frequently found among juvenile delinquents or are youths who think it is “smart” at the moment to take posi- tive action to follow through on some attitude expressed by their elders. We know how to handle these, but must not allow violence to precede our action. After all, a wounded or dead Japanese-American benefits little from remedial action taken too late.

(Continued on Page 4, Column 2) nor shall any person be subject for

ERNEST BESIG ..... | Entered

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News Published monthly at 216 Pine Street, San Francisco, 4, - Calif. by the Northern California Branch of the American Civil Liberties Union. Phone: EXbrook 1816 Editor as second-class. matter, July 31, 1941, at the Post Office at San Francisco, California, under the Act of March 3, 1879. _ Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

OPEN FORUM

Why One Person Wants a Dictatorship.

ditor: You should be ashamed of yourself stick- ing up for that coward and traitor Weber! I tell you because of people like you and him I would like a dictatorship here! I have 4 boys in the war! One’s eyes are bad but he is fighting anyway. In Germany Weber would be rightfully hanged! Do you realize, sir, he spit on the floors! He cussed the Serg., etc., etc. He needs a damn good beat- ing up! My sons may die for the likes of him and ou no better defending the rat! Shame. — A other.

The foreging letter was postmarked | N. Y. It is the only adverse letter among the many the Union received with reference to its participation in the Weber case. It was news to us, that Weber had “spit on the floors” and “‘cuss- ed the Serg., etc., etc.” In fact, it has been ad- mitted by the Army that Weber has been courte- ous and well behaved at all times, except that he refuses to bear arms.

Senate Committee Votes To Bar _ Some Objectors From State Jobs

_ The Senate Committee on Military and Vet- erans Affairs last month reported favorably a bill by Senator Quinn, S.B. 407, barring conscien- ious objectors from public office or employment in California. As amended, however, the bill ould exempt conscientious objectors who ac- cepted non-combat military service.

Senators T. H. DeLap (R., Richmond) and George Hatfield (R., Madera) voted against the measure on the ground that it violates religious | liberty guaranteed under the Federal and State Constiutions.

STIMSON URGED TO APPOINT CIVILIAN * BOARD TO REVIEW OBJECTORS

_A civilian board to review the cases of consci- _ entious objectors in the U. S. army was urged on Secretary of War Henry L. Stimson by the Amer- MW) ican Civil Liberties Union on March 5. In a let- Wy, ter signed by Ernest Angell, New York attorney and chairman of the Committee on Conscientious

I) Objectors of the Civil Liberties Union, ") Stimson was told that _ Henry Weber sentenced to death by a court mar-

Secretary “the recent case of Private

tial for refusal to bear arms emphasizes again the desirability of having a review by civilians of all

_ men in the army claiming conscientious objection on any grounds.

_ “The suggestion was presented to the President months ago by our Committee and was referred to you. A report was received through the Presi- dent to the effect that the War Department did not deem that opportune or necessary. May we urge very strongly that steps again be taken to create such a civil review which would avoid such _ unhappy incidents as that of the court martial of

a Private Weber ?”

FOURTH ACCIDENTAL DEATH AT OREGON CONSCIENTIOUS OBJECTOR CAMP

The fourth accidental death in two years oc- | ; y curred-at the C. P. S. camp at Waldport, Oregon, _ last month, when George Moyland, 39-year-old former accountant, had his skull crushed while felling snags (dead trees) in a recreation area at Cape Perpetua, on a remote stretch of the Oregon Coast. George Watkins, another objector at the _ Camp, was killed a few months ago in a similar | experience for the particular 4 Sarded as so hazardous that long-experienced ", Wwoodsmen, employed by private logging com-

panies, sometimes refuse to accident. Neither of the men was fitted by training or work, which is re-

do it. Nevertheless,

objectors do such work without pay, dependency or paesions for accident insurance.

ane government merely pays

a ainp, y Pays Truneral expenses up The campers charge that such work is not of

fational importance in’ these times, and conse- uently is in violation

4 thing than camp maintenance and fire fightin | His stand will no doubt lead to prosecution =

ATTORNEY GENERAL KENNY URGES FULL PROTECTION — FOR RETURNING JAPANESE-AMERICANS

(Continued from Page 3, Column 3)

3. There are the professional inciters to vio- lence who seem to feel that the vigilante-type approach proves their patriotism or who simply like to arouse the mob. You will have noticed that they are usually in the background when the shooting starts and seldom get themselves hurt. Also, they seldom act outside the law, and are consequently maliciously dangerous.

4. The “Jap-Baiters’” want to fight not in the jungle or on a beachhead against regular troops, but safely at home against defenseless old men, women and children. Can we face our boys re- turning from overseas, where they have been fighting for the American way of life, if we permit such mistreatment?

5. Last and most vicious are those who cover their selfish economic urges with a pretense of patriotic motives. These are the people who shall be carefully watched, and whose efforts are most dangerous, since they do put on the guise Brooklyn of patriotism to clothe their real motives.

Actually, it is this last group that we are most concerned with. They are the loudly vocif- erous and, because they wave the flag, get the most immediate and unthoughtful support. It’s time that we get down to brass tacks on the reasons for so much talk. One of the clues lies in what you see in California grocery stores today. Gone are the huge piles of tempting vegetables which once made the shopper’s mouth fairly water; and up are the prices on the less- attractive vegetables which are on the shelves.

On January 22 a group in: Tulare County of _Orosi ranchers and business men appeared and threatened the evacuee owners of a fruit and vegetable ranch with a deadline for them to leave. Why? Could it have had to do with a desire to prevent the returning Japanese-Amer- icans trom resuming their farming operations and putting their-products on the market?

On January 18, 1945, two civilian brothers _and two brothers AWOL from the Army at- tempted to burn, and dynamite, and did some scare-shooting at Sumio Doi’s ranch home near Auburn. Why? The Doi family had a son in that Army unit which rescued the lost battalion of the 30th Infantry. Has that heroism been com- pletely forgotten? Could it be that the Doi’s are good farmers?

Some of the recent headlines in California papers are not of the type to make us proud. “Hospital refuses Nisei, Doctor Quits.” Too often that same paper has a small item about the valor of a Japanese-American soldier.

It has been wisely said that “Patriotism is the last refuge of scoundrels.” It is easy to de- clare patroitic motives—and then to perform acts which are in direct contravention to the very patriotism they avow.

Riders in the night poured shot into the homes of Sam Takeda near San Jose, Sam Uyeno near Orosi, John Shirokari at Lancaster. At Oakland, Kahuichi Sadamune who has three sons in the Army, was threatened by ’phone at 2:30 a. m. Are not these activities more reminis- cent of Ku Klux Klans and Vigilantes than of our much-vaunted 1945 methods of protection of rights and maintenance of peace? . .

Most of the incidents that have taken place.

are specifically prohibited by law and it has been possible to take prompt and definite steps to quell disturbances and take into custody those who transgress against the peace. I know from firsthand experience how promptly and efficient- ly all of you have moved. The Department of Justice has been and continues to be at your Service for any assistance we can render. Of- fenders must be apprehended and quickly. The more subtle attacks—resolutions by which large groups promise “not to do business with the Japs,” paint “Jap-lover” signs on doors, or refuse to allow their children to attend the same schools—are more degrading, harder to handle, and result in even more deep-seated discrim- ination against these people. Actually, if. we remember that none of us is doing business with “the Japs,” we’ll make more headway. We can and should do business with the “Japanese- Americans.” Most of those who are endeavoring to prevent the returning Japanese-Americans from being accepted in their communities were the most whole-hearted cooperators in the orig- inal orders by which they were evacuated. Many in these same groups wilfully ignore the fact that it is only those who have been‘ proved to be loyal to this country who are being allowed to return to their former homes. If these groups question the methods used by the Army and the War Relocation Authority in determining loyal- ty, they have a right to make that doubt known to those in charge. But while they are yelling for the “protection of the Coast and its de- fenses,” they might try yelling “Japanese-Amer- icans” instead of “Japs’—and some of their ardor might vanish.

An organization which calls itself “American League” issued a statement on February 11 which declares, among other things, “The facts concerning opposition of agricultural groups to return of the Japanese to the restricted West — Coast belies the charge of self-interest. Latest official figures (1940) show that Japanese com- petition was not a dominant factor in the pro- duce and farming industries.” Later in the same bulletin, it states that more than 97% of the farms in California, Oregon, and Washington were operated by persons of nationalities other — than Japanese. If the cause is not economic, and the competition they might provide is not feared, — and if these groups are perfectly willing for the — Japanese-Americans to settle elsewhere in the United State what, then, is it? Methinks they ‘do protest too much. Each of us can do much to reveal some of these “red herrings,” and fully carry out our responsibilities for the real pro- tection of the rights of American citizens.

I have seen resolutions passed at three of — your Zone Association meetings reiterating your will to back up the Governor, the Law Enforce- ‘ment Advisory Committe, the War Department 4% and others concerned, in taking positive action to prevent riots, bloodshed, and disturbances brought about by intemperate words and thoughtlessness. We must back up and take cog- nizance of the desire of the majority of our citi- zens to see that this return is accompanied not | by riots and violence but by quiet and order. Your pledge is another powerful weapon against — whose who advocate lawlessness. You are to be commended for it.

I shall not dwell on the self-evident additional _ reason for strong effort on our part in this re- gard. Whatever else reaches the ears of natives of Japan, we may be assured that treatment of persons of Japanese extraction is fully reported to them in every case where that treatment is contrary to our declared democratic principles. — The atrocities which have been committed ¥} against American prisoners are unthinkable— 4, brutal, inexcusable and savage. We have the urgent duty of protecting them from additional hardships. Ray Cronin, Associated Press cor- 4 respondent who was in Santo Tomas Prison, told officials of the War Relocation Authority that when the Tulelake riots of November 1945 were - i on, for three days there were restrictive meas- ures put into effect at the prison. That’s how fast they learn about what goes on in this country. Don’t give the enemy Japanese a chance pi to visit worse horrors on our people who are still in their clutches. They may be looking for excuses which would to them justify further mistreatment.

One word further about a matter that is a_ little hard to put into words but which is as © sure as death and taxes: example has long been one of the more powerful influences in American — life and in the setting of customs and habits not only of the nation but also of every commu- nity. Lawlessnes, clanishness, Segregation, and mental cruelty are subversive influences which can color the present and future life of the whole community. If they are®* allowed to exist unhindered and are even tacitly approved, they Wf can and will bring evil consequences of a kind which I daresay none of us would be willing to an have a part in. Learning by example is good for youth if the example is good.

The responsibility for the protection of these . people does not stop with prevention of shoot- — ing. The protection of their basic rights—free- | dom from fear, freedom to earn their living, freedom to live as peaceful citizens—must also be maintained. :

This situation is peculiarly one in which many — i: groups need to cooperate wholeheartedly to as- sure results. The Sheriffs and Police Chiefs have a direct and immediate part to play; the De- partment of Justice has a responsibility from a statewide standpoint; the Armed Services for action of soldiers and sailors; the War Reloca- tion Authority for furnishing information which will be helpful in carrying this program through to its ultimate conclusion; District Attorneys to prosecute anyone who violates the law: and all of us, as adults and as responsible members of our communities, to do whatever we can to see that the attitudes, too, of people are such as to allow the Japanese-Americans to live in safety and peace in the areas in which they resettle.