Open forum, vol. 14, no. 22 (May, 1937)

Vol. XIV.

LOS ANGELES, CALIFORNIA, MAY 29, 1937

UNEMPLOYED LEADER INDICTED

AT CAIRO, ILL., IN RELIEF RIOT

For leading a demonstration of unpaid

levee workers and relief clients in Cairo,

lll., Edward Parker of Staunton, Ill., gen-

eral organizer for the Illinois Workers Alli-

ance, was indicted on six charges growing

out of the riot on April 9 at the Cairo relief

headquarters. The Chicago Civil Liberties

Committee, following an investigation by

Ira Latimer, secretary, is raising funds for

Parker's defense and plans to institute

civil suits for damages against Cairo

officials.

When 2,000 levee workers and relief

clients staged a sit-down at relief headquar-

ters in protest against non-payment of

wages and decline of relief standards, two

persons were seriously wounded as police

attempted to disperse the crowd. Deputy

sheriffs were mobilized and the National

Guard called out in efforts to evacuate the

strikers.

Parker was arrested without a warrant,

taken out of the county and held incom-

municado for two weeks, according to Mr.

Latimer. Charges were not placed against

him until April 23 when prohibitive bail of

$6,500 was set. The grand jury on May 10

indicted Parker for ``inciting to riot," ``as-

sault with intent to kill," "`rioting'' and `"`at-

tempted arson.'' Parker declares that his

civil rights have been violated by the law

enforcement officers who arrested him ille-

gally and held him with unnecessary delay

before booking him.

In addition to Parker, five Negro mem-

bers of the Illinois Workers Alliance were

later arrested and indicted on murderous

assault charges. Four are held on $4,500

bail each; one on $6,250. Parker's bail has

been reduced to $4,500.

Both the Mayor and Chief of Police have

stated they would not permit the Workers

Alliance to meet in Cairo again.

MASS ATTACK ON NEW YORK

THEATER CENSORSHIP BILL

Leading New York liberals appealed to

Governor Lehman to grant a public hearing

onthe Dunnigan bill empowering New York

City's license commissioner to close any

berformance he ruled "immoral," in a letter

made public by the National Council of

Freedom from Censorship.

Signing the letter were: Hatcher Hughes

of Columbia University, chairman of the

Council; Bruce Bliven, Agnes Morgan, Er-

hest Sutherland Bates, Morris L. Ernst,

Arthur Garfield Hays, Roger N. Baldwin,

Will Irwin, Dr. Ira 8. Wile, George Jean

athan, Sidney Howard, Inez Haynes Ir-

Win, Helen Arthur, B. W. Huebsch, Barrett

H. Clarke, Wilton Barrett, William A. Orr,

lexander Lindey, Harry Weinberger,

Henry J. Eekstein, Clifton Read, Claire

`Sifton and J ohn Farrar.

_ Urging Governor Lehman to grant a pub-

lie hearing on the bill, which was jammed

Tough the legislature during its closing

hours, the letter declared :

"In effect, this bill would subject the

theater in New York City to a censorship by

`ne man. Such a condition would be intol-

`rable to that freedom which is the essence

of dramatic art. The present law is entirely

adequate to deal with abuses of that free-

he The fact that licenses have been re-

ie ed after convictions in court is indica-

i fnough of the sufficiency of the present

i The National Council joined representa-

Ves of all branches of the legitimate thea-

ns I sponsoring a public rally last Sunday

eeu In the New Amsterdam Theater at

ne 1,500 persons protested against the

orris L. Ernst spoke for the Council.

chs

CALIFORNIA COURT DECISION A

BLOW TO ACADEMIC FREEDOM

The Third District Court of Appeal on

April 17 affirmed a Superior Court judg-

ment of Humboldt County finding Victor E.

Jewett guilty of "unprofessional conduct''

and dismissing him from his position as a

teacher in the Junior High School in the

City of Eureka. Jewett's ouster resulted

from charges of "radicalism" filed against

him in September, 1935. The court, after

over-riding technical objections, held that

Jewett had violated a loyalty oath taken

when he secured his teaching credentials

by "his persistent efforts to enlist support

for his anti-American views from his

pupils."

Clarence E. Rust of Oakland, attorney

for Jewett and member of the A. C. L. U.

Advisory Committee for Northern Califor-

nia, will petition the court for a rehearing

of the case before carrying an appeal to the

State Supreme Court. Incidentally, this

same reactionary court will hear the ap-

peals in the Sacramento criminal syndical-

ism cases and the Gabrielli flag salute case.

The non-technical portions of the court's

opinion follow:

Violated "Loyalty Oath"

"The appellant was a teacher in the

Junior High School. Children who had com-

pleted the work of the sixth grade are eligi-

ble to enter that school. The pupils receiv-

ing instruction from appellant would there-

fore range in age from twelve years up-

ward. That the children coming under the

supervision and influence of a teacher in

the Junior High School are of an impres-

sionable age must be conceded. To obtain

credentials appellant subscribed to an oath

to support the Constitution and laws of the

United States and of the State of California,

and by precept and example to promote re-

spect for the flag, and undivided allegiance

to the government of the United States.

Violation of the oath justifies a revocation

of his credentials by the State Board of Edu-

cation, and would, to say the least, consti-

tute unprofessional conduct. In Goldsmith

vs. Board of Education, 66 Cal. App. 157, it

was held that solicitation by a teacher of

support for a candidate for the office of

County Superintendent of Schools consti-

tuted unprofessional conduct.

How the "Loyalty Oath" Was Violated

"The statement of the appellant to one of

his pupils that it was silly and foolish to

salute the American. flag is certainly not

calculated to promote respect for our em-

blem. His admission to the witness Jacobs

that he had told his pupils that `Russia had

the best government in the world, and we

had one of the worst,' leads one to question

appellant's fitness to instruct children of

tender years. The same witness stated that

appellant had said to him that Russia `al-

ways pays its debts, it is this country that

doesn't pay its debts'; that the United

States was `the aggressor in every war we

have been in,' that we were `a bully amongst

nations and took advantage of all the

smaller nations.' Appellant disapproved

the attendance of his pupils at the cinema to

view a patriotic moving picture; he dis-

tributed to his pupils in the classroom

pamphlets commenting on communism, and

also circulated pamphlets concerning the

case of Thomas J. Mooney, whom he de-

scribed as a greater martyr than Abraham

Lincoln; he told his pupils that he would

rather be a `live coward than go to war.' On

another occasion he stated that if the

United States became involved in war he

`would have nothing to do with it'; that the

United States needed neither Army or

Navy. To some of his pupils he spoke dis-

paragingly of Abraham Lincoln. To others

he decried religion. When accused by one

pupil of being a Communist, and by an-

other of belonging to a Communist Club, he

made no denial. Other teachers in the

school testified that pupils coming from the

classroom of appellant to theirs were men-

tally disturbed by his teaching. That ap-

pellant was in correspondence with the

office of the `Western Worker,' a Commun-

ist publication, is conceded by him, as well

as that he was a subscriber to, and sup-

porter of that publication. The appellant

testified as a witness on his own behalf, but

much of his testimony was evasive, par-

ticularly his explanation of the purpose of

the payment to him in 1934 of certain

moneys by direction of the State Bank of

the U.S.S. R. in Moscow. Nor did he satis-

factorily explain his vist with a woman

representing herself to be an emissary of the

Russian government.

"From the foregoing recital of facts and

conduct of appellant, his unfitness to be the

teacher of children of impressionable age

sufficiently appears without further state-

ment of other similar acts and conduct on

his part which are disclosed by the evi-

dence. Waiving all other circumstances, his

demeanor in the classroom was in violation

of the oath assumed by him to obtain his

credentials entitling him to teach.

Failed to Teach Patriotism

"In Allied Architects Association vs.

Payne, 192 Cal. 431, the court said, `It is

beyond question that the promotion of pa-

triotism involving as it does the sense of

self-preservation is not only a public pur-

pose, but the most elemental of public pur-

poses. The continuity of our governmental

institutions is dependent in a large measure

on the perpetuation of a patriotic impulse

which is but the willingness to sacrifice all

for the ideas and ideals which form the

foundation stones of our public.' By Section

5,544 of the School Code, the people of

California, speaking through the legisla-

ture, make it the duty of all teachers to en-

deavor to impress upon the minds of the

pupils the principles of patriotism, and to

train them up to a true comprehension of

the duties and dignity of American citizen-

ship. Throughout the School Code is mani-

fest an intent on the part of the people of

California to instill in school children a

respect and reverence for our institutions.

This purpose cannot be accomplished by

acts and conduct such as those manifested

by appellant. The liberality of our institu-

tions is such as to permit a teacher in our

schools to teach the nature of other forms

of government, but there is a wide distine-

tion between teaching and advocating.

_ _ Sought to Impress

Anti-American Views on Pupils

"The preservation of our nation depends

on the patriotism of its people. Our School

Code gives recognition to the principle that

patriotism is to be instilled in the pupils

attending our public schools. This purpose

is not accomplished by the retention on our

teaching staffs of instructors who entertain

the beliefs held by appellant, and who seek

to impress those beliefs upon their pupils.

Appellant's offense is not his attitude to-

wards our institutions, but rather his per-

sistent efforts to enlist support for his anti-

American views from his pupils.

"Appellant seeks to justify his state-

ments, acts and conduct in the classroom by

(Continued on Page 2)

No. 22 |

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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.

MOM Wakes ol kL ee oe a 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

Subscription Rates-One Dollar a Year. Five Cents

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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., MAY 29, 1937

rn en

36

ATTEMPT TO OUST LIBERALS

FROM TWO UNIVERSITIES

Pending an anticipated investigation by

the American Association of University

Professors, the National Committee on

Academic Freedom of the A. C. L. U. has

asked Prof. James O'Neill of Brooklyn

College to conduct an inquiry into the re-

cent dismissal of Philip O. Keeney, libra-

rian at the University of Montana, allegedly

because of his activities in organizing a

branch of the American Federation of

Teachers at the university. Mr. Keeney

has been supported in his charges against

the university by labor organizations and

teachers throughout the West.

At the University of Kansas City, Dr.

Frank E. August, head of the Department

of Sociology and chairman of the Kansas

City branch of the American Civil Liber-

ties Union, has been dismissed because

President J. Duncan Spaeth disapproves his

teachings. Dr. August was said to have

over-emphasized sex in his course in family

problems. He declares that the charge was

invented `"`to cloak the real causes, prob-

ably related to activity in liberal organiza-

tions and bringing Norman Thomas to the

school."

A request by the Kansas City branch of

the A. C. L. U. for an explanation brought

forth a denial from President Spaeth that

the question of academic freedom was in-

volved. Dr. August's contract terminates

in June.

(Continued from Page 1)

the contention that the same were in accord

with certain text books furnished him by

the school authorities as guides for instruc-

tion of his pupils. While it may be conceded

that the respondent board may, on a fur-

ther examination of those text books, be-

lieve itself warranted in discontinuing their

use, nevertheless, the misbehavior of appel-

lant exceeded anything that might reason-

ably be justified by those guides... ."'

-K. B.

Another Mooney pardon measure has

gone down to defeat. Assembly Constitu-

tional Amendment No. 64, introduced by

Messrs. Richie, Tenney and Hunt, would

have proposed to the electorate the follow-

ing constitutional amendment: ``An uncon-

ditional pardon is hereby granted to

Thomas J. Mooney."

Failing to receive favorable committee

action, Paul Richie on May 18 moved to

withdraw the bill from committee. The

motion lost by a vote of 30 to 34.

Jack B. Tenney's "Mooney Bill,' A.B.

1028, received a final defeat in the Assem-

bly on May 12. The bill provides for the

issuance of a writ of error coram nobis after

conviction, where it can be shown that the

petitioner was convicted on perjured testi-

mony. The roll call on a motion to withdraw

the bill from committee showed 24 `"`Ayes"'

and 36 ``Noes."'

Paul Richie's effort to amend the Civic

Center Act to permit the use of schoolhouses

as public forums without discrimination was

snowed under in the Assembly. The bill re-

ceived only 21 votes while 55 opposed it.

The roll call was as follows:

Ayes: Burns, Michael J.; Clark, Dannen-

brink, Flint, Gilbert, Glick, Hawkins, Hunt,

King, Lore, Miller, George P.; Patterson,

Peek, Pelletier, Reaves, Richie, Rosenthal,

Tenney, Voight, Welsh, and Speaker Jones

-21. .

Noes-Andreas, Baynham, Beene, Boyle,

Breed, Burns, Hugh M.; Call, Cassidy, Cot-

trell, Cronin, Crowley, Cunningham, Daley,

Dawson, Desmond, Dilworth, Donihue,

Donnelly, Field, Fulcher, Gannon, Gari-

LABOR MEASURES SUFFER DEFEAT |

baldi, Garland, Heisinger, Hornblowe

Johnson, Kepple, Kuchel, Latham, Laugh.

lin, Leonard, Levey, Lyon, Maloney, Ma).

tin, Mayo, McMurral, Meehan, Mille

Eleanor; Morgan, Muldoon, O'Donnel}'

Peyser, Redwine, Robertson, Sawalligch

Scudder, Sheehan, Stream, Thorp, Turney

Walker, Watson, Weber, and Williamso,

-55.

The Assembly also refused to reconsider

the vote whereby the Pomeroy Resolution

was refused adoption. The motion to ye.

consider was lost by a vote of 31 to 35,

By a vote of 53 to 10 the Assembly pasgseq

a resolution making a $1,200 deficiency

appropriation for the Modesto Investigat.

ing Committee. In all, therefore, the Mo.

desto investigation cost $2,700.

Paul Richie's bill limiting the taking of

fingerprints passed the Assembly by a vote

of 41 to 24, and Geoffrey Morgan's motion

to reconsider was lost. The bill stands little

chance of getting by the Senate. It provides

that fingerprints may be taken only where

a person is arrested or convicted of a crime,

and excepts fingerprints taken for identif.

cation purpose of new born infants and

"Where the fingerprints are volunteered by

the person whose fingerprints they are,"

The bill limiting the use of injunctions in

labor disputes also passed the Assembly as

did a bill by Assemblyman Cecil King

which, in effect, prohibits the enforcement

of anti-picketing ordinances. The latter

measure, however, was more or less emas-

culated by amendments before it passed by

a vote of 42 to 30. Neither bill is expected

to receive Senate approval. -E. B.

PUERTO RICO RIOT PROBE BEGUN

Arthur Garfield Hays, general counsel

for the American Civil Liberties Union,

headed a non-partisan committee which

has started an investigation of the Palm

Sunday riot in Ponce, Puerto Rico, between

Nationalists and the police in which 17 Na-

tionalists and civilians and 2 police were

killed, and 200 wounded.

Mr. Hays is acting as a representative of

the American Civil Liberties Union, which

was requested to participate in a non-parti-

san investigation of the riot and the causes

behind it. The other members of the Com-

mission are: Mariano Acosta Velarde, pres-

ident of the Puerto Rico Bar Association;

Manuel Diaz Garcia, president of the Puer-

to Rico Medical Association; Lorenzo

Pineiro, president of the Teachers' Associa-

tion; Emilio Belaval, president of the

Atheneum; Jose Coll, editor of the San

Juan El Mundo; Francisco M. Zeno, editor

of La Correspondencia de Puerto Rico, and

Antonio Ayuso, editor of El _Imparcial.

In announcing Mr. Hays' participation,

the American Civil Liberties Union de-

clared:

"The continued conflict in Puerto Rico

between members of the Nationalist Party

(committed to complete independence from

the United States) and the island offi-

cials challenges us to render whatever serv-

na

SOCIAL CHANGES

Dr. Clinton J. Taft, in cooperation with the Compass Travel Bureau of New York City,

will personally conduct another tour to Europe next summer.

Nine Countries Will Be Visited

ENGLAND, DENMARK, SWEDEN, FINLAND, SOVIET UNION, HUNGARY,

AUSTRIA, SWITZERLAND: and FRANCE

(Conferences with Liberal Groups in London, Paris and Vienna)

57 DAYS - Sailing from New York on the Cunard Liner ``Berengaria'"' July 3, 1937.

18 Days In The Soviet Union.

Only $495 in third class (as good as tourist formerly) ..

Make Your Reservations NOW

(Send $50 deposit TODAY to secure steamer reservation before all gone. Returned up

to 30 days of sailing if you can't take trip)

Send for circular giving detailed information about the Tour

624 American Bank Bldg., Los Angeles.

IN EUROPE TOUR

ice we can in establishing an understanding

which will preserve complete civil liberties

and at the same time public order. The fatal

riot at Ponce was only one tragic incident

in a long series of clashes over the inde-

pendence issue.

"The American Civil Liberties Union

takes no partisan position whatever in

Puerto Rico or elsewhere. It is interested

solely in maintaining the guarantees of

American law to all groups to carry on

political propaganda without interference.

In the case of Puerto Rico it is committed to

legislation which will permit the voters of

the island to decide whether they want in-

dependence, statehood or the status quo.

It is expected that the Commission will

make a report not only on the Ponce riot

ya on the political situation which caused

lt:

Upon Mr. Hays' arrival in Puerto Rico,

the Citizens Committee of Ponce for the

Defense of Civil Liberties suggested thirty

points to be covered by the inquiry and

stated that "American opinion has been 80

far molded by conflicting reports that

Puerto Rican opinion has been unable to

reach an intelligent conclusion because of

lack of faith in the official investigation

carried out by the government, the govern-

ment itself being one of the parties consid-

ered responsible for the lamentable events

in Ponce and having been from the first on

the defensive.'

The inquiry of the Hays Committee is

expected to be concluded shortly.

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