Open forum, vol. 14, no. 5 (January, 1937)

THE OPEN FORUM

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.-Milton

Pe

Vol. XIV.

LOS ANGELES, CALIFORNIA, JANUARY 30, 1937

No. 5

--- oe

CALIFORNIA BAR ABANDONS

ATTEMPT TO DISBAR GALLAGHER

Attorney Leo Gallagher is vindicated.

The investigating committee of the State

par has decided that there are no grounds

for disbarment proceedings against him.

the following letter came to Mr. Galla-

gher on January 26th:

"phe matter of the State Bar investiga-

tion proceedings against you came regu-

larly before this committee at its meeting

on January 19, 1937. The committee has

carefully considered the facts brought to

tg attention and has concluded that they

do not justify disciplinary action by the

State Bar."

Thousands of the friends of freedom in

California and throughout the world will

rejoice at this decision.

The whole matter originated in a letter

which Mr. Gallagher wrote to his fellow at-

torneys during the primary campaign last

summer when he was opposing Judge Crum

for the office of judge of the Superior Court.

Mr. Gallagher charged in his letter that

Judge Crum had `"`cast aside every rule of

decency in the trial of labor cases in his

court, has not the integrity to abide by his

own rulings but distorts and misrepresents

the position he has taken and the state-

ments he has made at an earlier period in

the same trial," and that "he deliberately

falsified the statement on appeal in order

to deprive the defendants of the oppor-

tunity of obtaining justice in the higher

courts." Complaint was made to the State

Bar some three months later that Mr. Galla-

gher had acted improperly in making these

accusations, and he was called before a

preliminary investigating committee whose

duty it was to report to the disciplinary

committee of the Bar as to whether disbar-

ment proceedings should be instituted.

Mr. Gallagher offered to prove to the

committee that he was warranted in all re-

spects in making the statements contained

in his letter and other campaign matter

which had been circulated. This offer of

proof was submittted on January 5, and con-

sisted of statements on the part of Grover

Johnson, J. A. Frankel and Mr. Gallagher

concerning Judge Crum's conduct. The

statements recited facts known by and

brought to the attention of Mr. Gallagher

eta which he based the campaign ma-

lal.

_ After deliberating upon the matter, the

investigating committee came to the con-

clusion that there was nothing to investi-

gate, and dispatched the letter to Mr. Galla-

eer which is quoted above, thus complete-

Y vindicating him.

L. A. LIBERAL PLATFORM

Los Angeles is to have a municipal elec-

next spring. In anticipation of the

`vent a company of liberals met at the Epic

eadquarters, 120 North Union Avenue,

at Saturday afternoon and laid plans for

arogressive campaign looking to the elec-

i cf officials who will stand for the funda-

eo - Interests of the people. Many repre-

Paice. of labor were present, and as the

i of their deliberations a platform was

(1) Mt up embracing planks in favor of:

serv; unicipal ownership of all essential

ae (2) The right of collective bar-

emplo(R) and peaceful picketing for all city

Pcs and workers engaged on city

isle (8) The guaranteeing of the

with, of free speech and free assemblage

Same Suitable facilities for exercising the

the y M our parks; and (4) Opposition to

un-American border patrol.

ASSEMBLY VOTES MODESTO PROBE

By ERNEST BESIG, Director A. C. L. U., No. Calif. Br.

Sacramento, January 21.-The Assembly

by a vote of 46 to 26 today adopted a reso-

lution creating an `"`Assembly committee of

five members, to be appointed by the Speak-

er of the Assembly, to make a special inves-

tigation to determine whether perjury and

suborination of perjury were committed in

connection with the conviction of the `Mo-

desto Defendants'." The committe is au-

thorized to sit during the constitutional re-

cess of the Legislature, and to report back

to the Assembly when it reconvenes on

March 1.

The resolution, drafted by the writer of

this article, was introduced by Messrs. Ten-

ney, Yorty, Richie and Clark, all of South-

ern California. Fifteen hundred dollars was

appropriated to defray the expenses of the

committee, which is expected to open

hearings early in February. At this writing

Speaker William Moseley Jones has not yet

announced the membership of the commit-

tee, but it is customary to name the person

or persons who introduce a resolution de-

manding an investigation.

Modesto Frameup

Since the daily press failed to carry an

adequate history of this fight that finally

resolved itself into a struggle between or-

ganized labor and Standard Oil, we shall

recount the story in some detail. The reso-

lution was introduced on January 11 and

referred to the Committee on Rules, which

set a public hearing for the evening of Jan-

uary 18. The writer took the precaution to

advise the chairman that proponents of the

resolution would come from great distances,

and he was thereupon given reasonable

assurances that the hearing would proceed

at that time.

On the announced date, however, the

hearing was postponed because one of the

Modesto defendants was again on trial, and

it was asserted that the hearing might be

construed as interference with the adminis-

tration of justice. It apparently made little

difference that the reason for postponement

had nothing to do with the charges of per-

jury and subornation of perjury, recited in

the resolution which had occurred prior to

August 9, 1935. Inquiry revealed that

Speaker Jones, who has aligned himself

with the utilities at this session of the Legis-

lature, induced Paul Peek, chairman of the

committee, to call off the hearing after a

conference with Mr. Stevens, Standard Oil

lobbyist.

Public Hearing

Two bus loads of maritime strikers ap-

peared for the abortive hearing. An im-

promptu meeting was held in one of the

committee rooms which was addressed by

Assemblymen Yorty, Richie and Patterson.

None of the Rules Committee members

could be reached. The meeting, presided

over by this writer, finally rejected a sug-

gestion that they stay overnight in the As-

sembly chamber and meet with the com-

mittee in the morning.

The next day Mr. Peek apologized for the

inconvenience he had caused and_ an-

nounced during the Assembly session that

the Rules Committee would hold a public

hearing on the resolution on the following

night, January 20. The public press carried

full announcements of the hearing. At the

appointed time Messrs. Peek, King, Mee-

han, Dawson, Welsh and Jones were in at-

tendance, but Jones left when the proceed-

ings were only half over in order to preside

over an evening session of the Assembly.

Once again two bus loads of maritime work-

ers attended the hearing. The committee

was addressed by Assemblymen Tenney,

Yorty, Richie, Clark and Maloney, Herman

Stuyvelaar, Secretary of the Modesto De-

fense Committee, John O'Connell, Secre-

tary of the San Francisco Labor Council,

and this writer-all proponents of the reso-

lution.

Speaker Jones Stalls

Messrs. Welsh, Dawson and Jones strug-

gled unsuccessfully to find an excuse to de-

feat the resolution. First, it was asserted

that the ``"Modesto Defendants" had. not ex-

hausted their legal remedy. "If the Stanis-

laus County grand jury fails to return any

indictments, then come to us," the propon-

ents were told. The latter replied that the

case needed speedy action because most of

the men were in the state prison and satis-

factory action by the grand jury, dominated

by an accused district attorney, and in a

county hostile to organized labor, was quite

unlikely. Furthermore, the grand jury could

have conducted an investigation on its own

initiative more than a month ago, because

the charges of perjury were made public on

December 12, 1936.

Mr. Welsh also contended that the pro-

posed investigation was too narrow in its

scope; that as a friend of organized labor

he favored a general investigation into

strike-breaking activities in California

which would carry an appropriation of

$15,000 or more. Mr. Tenney and Mr.

Richie replied that they had such an investi-

gation in mind but that the Modesto frame-

up was an emergency and a general strike-

breaking investigation could wait for hear-

ings by an interim committee in June.

No witnesses appeared to oppose the

resolution. Finally, Mr. King moved that

the Committee send the resolution to the

Assembly with a "do pass" recommenda-

tion. Henry P. Meehan of Oakland sec-

onded the motion, and on the roll call Peek,

Welsh and even Dawson voted affirma-

tively.

Next morning when the Committee's fav-

orable report was made, Mr. Jones stalled

the proceedings by placing the resolution

on file. Then he notified Mr. Peek that Dis-

trict Attorney Cleary was on his way from

Modesto to argue against the resolution.

When the latter arrived, he was taken in

tow by Mr. Jones and finally turned over to

Mr. Donnelly, assemblyman from his own

district, who thereafter led the fight against

the resolution.

Dist. Atty. Cleary Heard

When the resolution was again called on

the day's calendar, Mr. Tenney briefly

urged its adoption. Mr. Garibaldi of Mer-

ced then offered an amendment which was

agreeable to the authors and consequently

adopted without opposition. At this point

the opposition bogged down. "Is there any

further debate on this resolution," queried

Mr. Jones very insistently. Mr. Donnelly,.

who had missed his cue, finally arose to

move that the Assembly resolve itself into a

Committee of the Whole to hear Mr. Cleary,

because he had failed to receive notice of

the hearing before the Rules Committee,

through a misunderstanding. Messrs. Ten-

ney, Rosenthal, Clark and others opposed

this move on the ground that the Rules Com-

(Continued on Page 8)

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COURT INVOKED AGAIN TO

BREAK MARITIME STRIKE

The Pacific Coast Maritime strike was

three months old yesterday-Friday, Jan-

uary 29th. Rumors that the strike is about

to be settled have been circulated widely

again this week but the facts do not seem

to justify such a belief.

Early in the week another attempt to

smash the strike by court action was made

when Superior Judge Fletcher Bowron of

Los Angeles was prevailed upon to issue an

order to unload 2000 tons of Argentine corn

from the freighter "Emergency Aid.'' The

order was given to City Marshal C. R.

Thomas to carry out. Immediately San

Pedro longshoremen through Attorneys

Aaron Sapiro and John Packard filed a for-

mal request with Judge Bowron to reverse

the order, charging fraud and misrepresen-

tation. Further it was discovered that the

`order authorized the `County Marshal" to

unload the corn, whereas Thomas is City

Marshal, so he was stalled in the attempt

to carry out the order, although he declares

that he had been previously promised police

protection and even the help of the state

militia if necessary.

In a recent statement put forth by the

strikers, they say:

"The steamship operators have hesitated

to execute their ruthless union-smashing

plans, partly because of the solidarity of

the maritime workers, but principally be-

cause they fear public opinion. The sym-

pathies of the public have been overwhelm-

ingly with the maritime workers, in spite

of the huge sums spent for propaganda by

the shipowners. They do not dare unleash

their hired thugs, and the armed forces of

the cities and of the states upon the mari-

time pickets in the face of this powerful

public opinion!

"That is why they have recently started

negotiations which they previously refused.

They are now making a false grandstand

play about the `great lengths' to which

they have gone for the sake of peace, and

mouthing about `sincerity' in an attempt to

mislead the public. -

"THE MARITIME UNIONS DO NOT

HAVE THE UNLIMITED FUNDS FOR

PUBLICATION OF PAID PROPAGANDA,

AS DO THE SHIPOWNERS. THE MARI-

TIME UNIONS HAVE NO HIRELING

ROSSIS, MERRIAMS, COPELANDS;

MERCHANTS AND MANUFACTURERS

ASSOCIATIONS, AND CHAMBERS OF

COMMERCE TO FIGHT FOR THEM. BUT

WE HOLD TO OUR FAITH IN THE IN-

NATE FAIRNESS OF THE AMERICAN

PUBLIC. WE REMAIN FIRM IN OUR BE-

LIEF THAT THEY WILL REFUSE TO LET

THEMSELVES BE MISLED BY SHIP-

OWNER PROPAGANDA."

Sunday evening, February 7th, a second

mass meeting will be held at the Olympic

Auditorium, 18th Street and Grand Avenue,

Los Angeles, under the auspices of the

strikers. Lewis Browne will preside and

- addresses will be made by Mayor John

Dore, of Seattle, Washington; Vito Marcan-

tonio, of New York; Harry Bridges, of the

International Longshoremen's Association ;

Fred Keating, and others. Admission will

be free.

PLEDGE

I promise to give the sum of $............

per month toward the support of the

American Civil Liberties Union, So.

Calif. Branch, and I enclose herewith

- a as payment on the same.

I reserve the right to terminate this

pledge whenever I see fit.

Name Mh sit cuelatecent ote aae gh av

CHICAGO A. C. L. U. COMMITTEE

OUTLINES LEGISLATIVE PROGRAM

Legislative action to be sought by the Chi-

cago Civil Liberties Committee during the

coming year embraces eight principles of

civil rights. The program, as announced by

the committee, includes: |

1. Broadening of statutory provisions

safeguarding the right to picket.

2. Passage of ordinances and statutes pre-

venting the imposition of censorship of

stage performances without trial or

hearing.

3. Broadening of statutory provisions

preventing the use of injunctions in

labor disputes.

4. Amendment or repeal of the ordin-

ances governing the licensing and reg-

ulation of peddlers.

5. Passage of ordinances and statutes pro-

hibiting police brutality and the "`third

degree," including civil and criminal

liability for the offending policemen

and civil liability of the city, county or

state by whom the offenders are em-

ployed.

6. Broadening of statutory provisions

safeguarding equal rights of Negroes.

7. Passage of statutes specifying penal-

ties to be recovered from public offi-

cials who direct, authorize or permit

unlawful searches and seizures or un-

lawful interference with freedom of

the press, speech, religion or assembly.

8. Amendment or repeal of the ordi-

nances governing the distribution of

handbills.

OPEN ATTACK ON FOREIGN-

BORN IN 75TH CONGRESS

New and dangerous Washington legisla-

tion, to oust foreign-born unemployed work-

ers from all relief and from all government

work, has been outlined here by Senator

Robert R. Reynolds, of North Carolina, and

Representative Joe Starnes, of Alabama.

In New York, 353 delegates representing

222 organizations with a total membership

of more than half a million, at the Confer-

ence of the American Committee for Pro-

tection of Foreign Born January 10, went

on record as "unalterably opposed to re-

pressive anti-foreign-born legislation," and

condemned the activities of William Ran-

dolph Hearst and, in particular, his chief

Congressional assistants, Senator Reynolds

and Representative Starnes.

Three anti-foreign born measures have

been proposed by Reynolds and Starnes.

One would provide for the mandatory de-

portation of all non-citizens on relief and

for the mandatory deportation of "alien

criminals and spies.'' Another would cut

all immigration quotas 90 per cent when

there are already more people leaving the

country than are being allowed to enter,

and would provide for the registration of all

non-citizens. A third bill would prohibit the

employment of any non-citizen by the gov-

ernment.

"WALLY FOR QUEEN"

(The Private Life of Royalty)

By Upton Sinclair

This is a new booklet fresh from the

pen of the famous author. Regarding it

Upton says:

"I wrote something I thought was very

funny. The first editor wired me: `Swell,

but unpublishable.' My literary agent

wired: `Desolated, but compelled to ad-

mit skit unprintable-very charming.' It

appears that the British royal family is

sacred-even in America! So I print it

myself, as usual. A Baltimore girl fight-

ing the British Empire; I'm not taking

sides, but surely we're entitled to our

laughter !"' :

If you want a good laugh, send 25c

to The Open Forum, 624 American Bank

Bldg., Los Angeles, for one copy of this

booklet, or $1 for six.

SUMNER, ON NEW RAMPAGE, Is

SCORED FOR FARRELL Book BAN

The country's leading writers anq Critic

joined publishers and attorneys today :

vigorously condemning the action of the

New York Society for Suppression of Vie

in seizing copies of James T. Farrel)', uh

World I Never Made" and attempting {,

prevent its further circulation by court

action.

A statement issued by the Nationa] Coun.

cil on Freedom from Censorship, affiliate of

the American Civil Liberties Union, whic)

attacked the book ban, was signed by Pro

Hatcher Hughes of Columbia University,

chairman of the Council; Elmer Rice, play.

wright; John Chamberlain, critic; Stephen

Vincent Benet, poet; Inez Haynes Irwin

novelist; Brooks Atkinson, dramatic critie:

Ernest Sutherland Bates, writer; B, W

Huebsch, vice-president of the Viking

Press; Lewis Gannett, critic; Archibalj

MacLeish, associate editor of Fortune; Sid.

ney Howard, playwright; Bennett Cer

president of Random House; Joseph Wood

Krutch, critic; Mare Connolly, playwright:

Alexander Lindey, attorney;

Ernst and Arthur Garfield Hays, counsel

for the American Civil Liberties Union, and

Harry Scherman, president, Book of the

Month Club.

The statement reads:

"Mr. John 8. Sumner, president of the

Society for the Suppression of Vice, whose

attempts to suppress works of recognized

literary merit have been repeatedly defeat

ed in the courts, is again resorting to his

familiar tactics in his attack on James 1,

Farrell's `A World I Never Made.' Mr. Far.

rell has been generally recognized as one

of the most talented of the younger Amer.

ican novelists and the book which is unde

attack is a sincere and serious work which

has received high praise from many leading

reviewers and other persons of literay |

judgment. We are opposed to censorship

and we believe that freedom of expression |

in the arts is essential to the preservation t

democracy and the development of our ns |

tional culture. We deplore Mr. Sumner'

action and we urge the literate public w

make its protests heard."'

A warrant for seizure of the book was ob-

tained after an agent for the Society had

sworn that the work contained at least 7)

indecent passages. After the warrant was

issued, 400 copies of the novel were taken

from the office of Vanguard Press, the pub-

lishers. Preliminary hearing before Magis

trate Louis B. Brodsky has been set for

February 2nd.

AUTO WORKERS CIVIL RIGHTS

Methods of promoting strict adherence

constitutional guaranties in the automobile

workers' strike were discussed at a mectilg

of representatives from labor, civic, farm

and church organizations last week at Flin,

Michigan. Robert Morss Lovett represented

the National Citizens' Committee for (il

Rights in the Automobile Industry, recently

organized by the American Civil Liberi

Union and the Michigan Conference for tit

Protection of Civil Rights to sponsor leg!

action contesting restrictions on rights 0x00B0

automobile workers.

|

"CO-OP: A Novel of Living Together

a new full length book by

UPTON SINCLAIR

just off the Press-A story of Cali:

fornia Self-Help Co-operatives.

sets forth a cause and cure of unel

ployment.

Full of humor, excitement, tragedy:

courage and wisdom.

Order it from The Open age

624 American Bank Building,

Angeles.

$2.75 per copy. A Free Copy for

Five New Yearly Subscriptions !-

THE OPEN FORUM

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ERRERO AND SALLITTO STILL

| IN DANGER OF DEPORTATION

struggle which has been carried on

f z A ass Fue and one-half years has not

; ceeded in removing the danger of de-

tation to Fascist Italy hanging, like a

Ford of Damocles, over the heads of Vin-

ove Ferrero and Domenick Sallitto. These

0 anti-fascist workers, who have lived in

this country for 30 and 15 years, respec-

tively, are being threatened with deporta-

tion to Italy where sure imprisonment and

possible death await them.

Ferrero and Sallitto came to this country

ally and have never been guilty of any

ime. Their persecution is due solely to

their political inclinations and their interest

in labor problems. For these activities and

pecause they rented office space to the edi-

tor of an anarchist publication, they were

arrested in Oakland, California, charged

with "advocating the overthrow of the gov-

ernment" and summarily ordered deported.

This took place in April, 1934.

- In January, 1935, writs of habeas corpus

were filed in the District Court of New York

andin March of the same year Judge Caffey

rendered an opinion which sustained the

order of deportation issued by the Depart-

ment of Labor. During these three months

both Ferrero and Sallitto were kept in Ellis

Island. They came out on bail in April

when the two cases were appealed to the

Circuit Court of Appeals. In October, 1936,

a decision of the Circuit Court sustained

that of the lower court without, however,

giving a written opinion.

At that time the procedure in the two

cases was split and while the case of Fer-

rero was brought to the U. S. Supreme

Court, where it is now awaiting action, that

of Sallitto was brought back to the Depart-

ment of Labor with an application from the

attorneys for the cancellation of the depor-

_ tation order on the ground that the evidence

does not justify it. The settled policy of the

| courts not to interfere with the findings of

the Department of Labor in cases where

ihe question of weight of evidence is in-

volved makes the Department the sole

judge in the cases. It was with this end in

view that the case of Domenick Sallitto was

brought back to the Department of Labor

and that this Committee urged, and is here-

by urging all individuals and organizations

tosend to the Secretary of Labor in Wash-

Ington letters and telegrams requesting

that the order of deportation against Dom-

nick Sallitto be cancelled. The same ap-

Deal will be sent out in the event that in

the Ferrero's case no relief will be obtained

{rom the U. S. Supreme Court. Ferrero and

Sallitto are at present at liberty under a

$1,000 bail bond each which has been fur-

lshed by the New York Joint Board of

4 pene and Dressmakers Union, I. L. G.

`i The Ferrero-Sallitto Defense Conference

taking this opportunity to thank all indi-

Viduals and organizations for their moral

and financial support and to further stress

euro necessity of carrying this fight to an

ultimate victory. This victory can be ob-

`aned by the full co-operation of all con-

ferned in continuously widening the cam-

Paign of protest and the PLEDGE FOR

HNANCIAL ASSISTANCE. DEPORTA-

rN IS NOT ONLY AN INHUMAN

mons OF REACTION AND PERSECU-

on BUT ALSO A POWERFUL WEAP-

N AGAINST LABOR!

Vitae

"EUROPEAN IMPRESSIONS,

| 1936"

A New Book by

KATE CRANE-GARTZ

aces the author's reactions to con-

pone in 11 countries of the old world.

ustrated with 10 cuts.

"Mire. Gartz is contributing the pro-

oe of its sale to the work of the

`CL. U,

ed 50cent to The Open Forum for a

THE BRASS CHECK PASSES

Go, bear the Brisbanes to their tomb,

The Hearsts will straightway follow;

Briber and bribed in common doom,

As in their common wallow; -

Happy it were for all, in troth,

Oblivion engulfed them both.

-Robert Whitaker.

(Note:-There has been so much de-

mand for further verse of mine, and such

unsolicited contributions in advance to-

ward it that I am already getting the copy

in order. Later announcement will be made

more fully.)

(Continued from Page 1)

mittee had made a public announcement of

the hearing which was carried in the press,

and that it would be unfair for the entire

Assembly to hear just one side of the case.

Nevertheless, the motion was carried and

Mr. Cleary stated his case.

Just the day before, Mr. Cleary argued,

the grand jury had asked the Attorney

General to appoint a special prosecutor to

handle the investigation. "If the Grand

Jury's action is not satisfactory, I'll join

with a request for an Assembly investiga-

tion," stated Mr. Cleary. Furthermore, he

asserted that on December 23, 1936, James

Scrudder, who had previously confessed

"that the convictions were secured on

`framed' testimony given by him," had

signed an affidavit in Los Angeles recanting

the confession, and that he now "claims in-

timidation and attempted bribery; he was

a hot spot and, therefore, acted as he

i ue

Cleary was questioned by various assem-

blymen. Ellis Patterson of King City wanted

to know whether Mr. Cleary was "`the same

gentleman who made a statement condemn-

ing Max Radin of the University of Califor-

nia law school as a `red.' Mr. Cleary ad-

mitted that he was. "`That's all I wanted

to know,"' quickly responded Mr. Patterson.

Mr. Richie of San Diego wanted to know

whether Mr. Cleary felt that the resolution

was any reflection on him. When Mr.

Cleary responded that he felt it was, Richie

asked him what part of the resolution he

objected to. Mr. Cleary then admitted that

he DID NOT KNOW WHAT WAS IN THE

RESOLUTION. The resolution was read

and Mr. Cleary stated the resolution would

be no reflection on him if it were amended

with a statement to that effect.

Resolution Passes

Herman Stuyvelaar, Secretary of the Mo-

desto Defense Committee, and Edward

Vandeleur, Secretary of the California

State Federation of Labor, were then per-

mitted to address the Assembly as propo-

nents of the resolution. The reactionary as-

semblymen were silent throughout the en-

tire proceedings, but twenty-six of them

finally voted against adoption when the

vote was taken, while forty-six, five more

votes than were necessary, were recorded

in favor of the investigation.

Mooney Pardon Asked

The fight on the Modesto resolution over-

shadowed other developments on the civil

liberties front of the Legislature. On Jan-

uary 20 Assembly Concurrent Resolution

Number 13 was introduced by Assembly-

men Richie, Reaves, Yorty, Patterson, Ma-

loney, Voigt, Pelletier, Peek, Hunt, Horn-

blower, Burns, Michael J., Meehan, Flint,

Hawkins, Rosenthal, Gilbert, Lore, McMur-

ray, Andreas, Clark, Miller, George P.,

Welsh, Glick, Tenney, King, Laughlin, and

Sawallisch (27 in all) relative to granting a

full and complete legislative pardon to

Thomas J. Mooney. The resolution was re-

ferred to the Assembly Rules Committee

where it should receive favorable action, es-

pecially since four of the seven members of

that committee have joined as co-authors

of the resolution.

Vagrancy Clarified

Assemblyman Jack B. Tenney of Ingle-

wood, on January 18, introduced A. B. 659, -

which contains amendments to the vag-

rancy law sponsored by the A. C. L. U. The

bill provides specifically that,

"No person on strike shall be considered

a vagrant who refuses work or employment

URGE VETO OF FREE ASSEMBLY |

CURB AT TARRYTOWN, N. Y.

Mayor Edward Martin of Tarrytown, N.

Y., was urged by the American Civil Liber-

ties Union last week to veto a measure regu-

lating the holding of public meetings which

was expected to be passed by the Board of

Trustees this week. The proposed law

would not permit a meeting to be held on

the village's property or on any public high-

way without the consent of the Board of

Trustees.

In a letter to the Mayor signed by Roger

Baldwin, director, the Union declared:

"Municipal regulations of this type are

common in those towns and cities where

public meetings of any size would interfere

with the ordinary flow of traffic and the

general conduct of business. However, even

under those circumstances a limitation has

been placed upon the right of public assem-

bly, guaranteed by the state and federal

constitution.

"This is more important in communities

where no complex problem of traffic regu-

lation exists. In addition, the wide discre-

tion given to the Board of Trustees under

the proposed ordinance lays the way open

to maladministration by the abuse of this

discretion."

Ernest F. Griffin, attorney, represented

the American Civil Liberties Union at a pub-

lic hearing on the ordinance.

in a trade or occupation of a business or in-

dustry when a strike is in progress at such

business or industry."

The measure was referred to the reac-

tionary Committee on Crime Problems.

Civic Center Act Liberalized

Another A. C. L. U. bill, A. B. 430, was

introduced on January 14 by Paul Richie of

San Diego. It amends the Civic Center Act

by striking out red-baiting provisions

adopted in 1935 and provides specifically

that,

`Such use (of the Civic Center) must be

granted without regard to race, color,

creed, political opinions or economic views

of said individual, society, group or organi-

zation, and without limitation or restriction,

direct or indirect, upon the discussion of -

any subject or subjects or the expression of

any opinion at such civic center."

This measure was referred to the Com-

mittee on Education.

Senator Harry C. Westover, Democrat of

Orange County, has introduced S. B. 819,

amending the Civic Center Act to permit

free use of school house, but we cannot give

the terms of the bill at this time because it

has not yet come back from the printer, An-

other bill by Senator Garrison, S. B. 91,

amends the Civic Center Act to permit "`all

farmers' organizations" free use of school-

houses.

New Evidence After Trial

A. B. 1028, introduced by Jack B. Tenney

of Inglewood and referred to the Commit-

tee on Judiciary Codes, would provide a

new remedy in the Mooney and Modesto

frameups. The bill provides for a writ of

error coram nobis, which permits the intro-

duction of new evidence after a man has

been convicted of a crime.

George P. Miller of Alameda has intro-

duced A. B. 535, which provides for jury

trials in cases of contempt and reduces the

penalty to fifty dollars fine, or five days in

jail, or both. In the justice court the fine

has been reduced from one hundred dollars

to ten dollars, ``and in no case shall the im-

prisonment exceed one day."

Finger Printing

Also of interest to civil libertarians are

companion measures, A. B. 431 and 482, in-

troduced by Mr. Richie, which make it un-

lawful to take any thumb or finger prints

or any photograph or likeness, except for

the identification of new-born infants in ma-

ternity hospitals and in cases where a per-

son is convicted of a felony.

At this writing, with only one day to go,

NO red-baiting bills have been introduced.

Perhaps by the time the Legislature ad-

journs for the constitutional recess the ex-

pected bills will be in the hopper. In any

event, it will take another week to ascertain

the nature of the thousand and one bills

that are submitted at the last moment.

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THE OPEN FORUM

Published every Saturday at 624 American Bank Build-

ing, 129 West Second Street, Los Angeles, California,

by the Southern California Branch of The American

Civil Liberties Union. Phone: TUcker 6836.

RPIDOM WO ooo sel sow ee OS Ss es Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz

Doremus Scudder A. A. Heist Carey McWilliams

Leo Gallagher Ethelwyn Mills Ernest Besig

John Packard Edwin P. Ryland

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Two Cents Each, if ordered in advance.

Advertising Rates on Request

Entered as second-class matter Dec. 13, 1924, at the

post office of Los Angeles, California, under the Act

of March 3, 1879.

`LOS ANGELES, CALIF. JAN. 30, 1937

RIVERSIDE RED-BAITERS ACTIVE

For several months the super-patriots of

Riverside, California, have been making life

unpleasant for liberals and so-called radi-

eals. The American Legionnaires are sus-

pected of being chiefly responsible for this

situation, and they are alleged to have been

aided by the Silver Legion and certain mem-

bers of the Ku Klux Klan. Due to the com-

bined efforts of these un-American groups,

hall owners have been intimated from rent-

ing their halls for progressive meetings of

any sort. Meetings in private homes even

have been picketed by the patrioteers.

Last week the matter was brought to

public attention by the grabbing of four

men who were charged with violating a

local handbill ordinance because they dis-

tributed mimeographed circulars condemn-

ing vigilante tactics. Two of the men,

Messrs. Cano and Cooper, were tried last

Tuesday. They were convicted and given

45 day jailsentences. Attorney Johnson of

the I. L. D. represented them. The other

two, Messrs. Jacobson and Thompson, will

come up for trial February 2nd.

It will be recalled that Riverside County

has for its district attorney a red-baiter of

the most pronounced type. In a case involv-

ing two Mexican workers, who were

charged with vagrancy because they had

been active in organizing agricultural work-

ers, this district attorney is alleged to have

sought to barnstorm the jury into a decision

against them by saying: "`Ladies and gentle-

men of the jury, if you are not willing to

convict these defendants, upon the evidence

before you, there are men in this court room

who are ready to ride out at night to see

that their interests are protected, and I am

ready to ride with them." Such tactics on

the part of public officials militate against

the proper observance of constitutional

rights in any community.

A Generous Subscription Offer

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fluence of The Open Forum we are going to

offer to send the paper six weeks on trial for

only ten cents. But in taking advantage of

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more. Now get busy, friends of civil liberties,

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AMERICA -~ EUROPE

1936

By Dr. Clinton J. Taft

The Story of a Three-Months' Tour

Through America and Nine Countries

of Europe. 48 Pages, 20 Chapters -

11 of Them Describing Conditions in

Soviet Russia.

- PRICES -

Single Copies 25c - Five Copies for $1.00

10 Copies, $1.75 - 100 Copies, $15.00 - Postpaid

Order from the Author,

PITH OF PRESIDENT ROOSEVELT'S

INAUGURAL MESSAGE ON JAN. 20

"IT see a United States which can demon-

strate that, under Democratic methods of

government, national wealth can be trans-

lated into a spreading volume of human

comforts hitherto unknown-and the low-

est standard of living can be raised far

above the level of mere subsistence.

"But here is the challenge to our democ-

racy: In this nation I see tens of millions of

its citizens-a substantial part of its whole

population-who at this very moment are

denied the greater part of what the very

lowest standards of today call the necessi-

ties of life.

"I see millions of families trying to live

on incomes so meager that the pall of fam-

ily disaster hangs over them day by day.

"T see millions whose daily lives in city

and on farm continue under conditions la-

beled indecent by a so-called polite society

half a century ago.

"T see millions denied education, recrea-

tion and the opportunity to better their lot

and the lot of their children.

"TI see millions lacking the means to buy

the products of farm and factory and by

their poverty denying work and productive-

ness to many other millions.

"It is not in despair that I paint you that

picture. I paint it for you in hope-because

the nation, seeing and understanding the

injustice in it, proposes to paint it out. We

are determined to make every American

citizen the subject of his country's interest

and concern; and we will never regard any _

faithful law-abiding group within our bor-

ders as superfluous.

"The test of our progress is not whether

we add more to the abundance of those who

have much; it is whether we provide

enough for those who have too little."

CHIEF JAMES DAVIS GETS

PANNED IN MEXICO CITY

Police Chief James E. Davis of Los An-

geles found himself the object of much

hostile criticism when he appeared recently

in Mexico City to participate in the Inter-

national Target Shooting Match. Members

of the Mexican Confederation of Workers

had asked President Cardenas to expel

Davis from the country on the ground that

he was hostile toward Mexican workers in

Los Angeles. They alleged that he main-

tained a notorious department known as the

Red Squad, which employed terroristic

methods against workers in time of strife.

As a counter move to bolster up Davis'

reputation, the Los Angeles Mexican Cham-

ber of Commerce hastily met and passed

resolutions praising Davis' record. They

were sent on to President Cardenas, and

the Chief was allowed to remain and shoot

at the targets. :

624 American Bank Bldg., Los Angeles

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7

ASK PROBE OF POLICE AID To _

STRIKEBREAKERS IN NEW Yox

Police Commissioner Lewis J, Valentin

was asked by the American Liberties Unin

last week to investigate reported ge in

police car in transporting strikebreaken

through a picket line in the seamen's strik

on New York's waterfront.

In a letter to the Commissioner, the jy

York committee of the Union declareq:

"We have been informed that on last

Sunday, police car number 5C-2646 Dasge

through a picket line set up by the strikin

members of the International Seamen

Union about the Mallory Line Pier, carryjn

two strike-breakers. We are sure this ie

traordinary action was done without your

knowledge, and trust that you will make q

thorough investigation and take proper gp,

tion against the patrolman involved."

The incident was witnessed by Joseph

Curran, chairman of the seamen's gtriy

committee, and Albert Rothbart, anothe

member of the committee, while waiting ip

the Charles Street police station. The ty

strike-breakers entered, according to Cy.

ran and Rothbart, and asked the lieutenant

at the desk to help them get through the

picket line to the Mallory pier. Curran anj

Rothbart are ready to testify that the polic

lieutenant summoned a radio ear for the

strike-breakers and that they followed the

police car to the Mallory pier.

SIT-IN STRIKERS NOT CONVICTED

Mrs. Myrtle Callahan and Mrs. Charlotte

Boynton, members of the Workers Alliance,

recently conducted a "`sit-in'"' strike of about

twenty women atthe W. P. A. headquarters

in Los Angeles as a protest against being

transferred from a sewing job paying $55a

month to the charity list at $30 a month.

They were arrested and charged with |

disturbing the peace, on the ground that

they sang religious and patriotic song |

while on strike.

The trial was held last week in Judge

Oda Faulkner's court, and the jury, after

four hours' deliberation, brought in a ve

dict of `not guilty'? for Mrs. Boynton, and

declared themselves hopelessly deadlocked

in regard to Mrs. Callahan.

Attorney Grover Johnson of the I. L.D.

appeared for the women. He declared that

their "crime" was their protest agains

being forced to accept starvation wages fot

themselves and their families, and that the |

authorities were trying to intimidate relie

workers.

Mrs. Callahan's case is set for retrial 0

February 9th.

DR. INGVOLDSTADT

Dr. Fred W. Ingvoldstadt is coming back

to Los Angeles to give a series of lectures 0! |

Soviet Russia. It will be remembered thai

last year he was here and was one of the

most popular speakers on Russia that has

been heard in this section. He has revisitel

the U. S. S. R. during the year and wl

speak next Sunday night in the W. 0. W:

Auditorium, 1040 South Grand Avenue

using as his subject, "I Speak As I See" (0

The Soviet Union Revisited). Admissidl

will be 25c. The F. S. U. is sponsoring th?

meeting.

eer

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