Open forum, vol. 8, no. 23 (June, 1931)

THE OPEN FORUM

(c):

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

-

Vol. 8

IMPERIAL VALLEY CASE VICTORY

Seyen men, convicted on three counts of criminal,

gyndicalism in connection with the organization of

agricultural workers in Imperial Valley (People v. |

Horiuchi), won reversal of their conviction on two

of the counts in a District Court of Appeal opinion L

handed down May 27. Frank Spector, another of /

the defendants, won reversal of his conviction on the

three counts, on the ground that he was not in Im-

perial Valley at the time of the alleged sabotage.

The men have served approximately a year in the

State prisons. The two reversed counts charged

to effect political change by force. y

The appeal was argued in Fresno in April by Ray-mond W. Henderson, attorney, who has represented

many defendants charged with criminal syndicalism

in this State. The opinion was written by Justice

Lamberson, Tulare County Superior Judge, and was

concurred in by Justices Barnard and Marx, the

Court holding that the complaint was faulty and

ambiguous and that Superior Judge V. N. Thompson

was in error when he refused demurrers and peti-

tions for a new trial.

Other defendants in the case are Carl Sklar and

Tsuji Horiuchi, now in Folsom, and Oscar Erickson,

Lawrence Emery, Danny Roxas, Eduardo Herrera.

and Braulio Orozco, now in San Quentin prison. ;)

It is probable that the District Court may be peti- )

tioned for a rehearing of the case, or it may be car- ried to the United States Supreme Court. The /

American Civil Liberties Union and the International

Labor Defense are co-operating in the defense.

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Angeles and Alfred Blaisdell of Calexico, was de- /

fense attorney in the trial of the case at El Centro

and carried the appeal to the District Court, made

the following statement on the opinion for the Open

Forum: :

"The effect of the decision of the District Court of Appeal in the Horiuchi case is about this: out of

what was supposed to be a terrible conspiracy to

destroy cantaloupes and thereby overthrow the

Government of the United States, the Court has

decided that there was nothing more serious than

the distribution of communist literature, which

basses freely through the mails and can be obtained

in every large city and many small ones in the

United States. It is reported that shortly after the

trial, the Commander of the American Legion in El

Centro Said that `we dynamited it (Communism) out

our County.' The decision of the District Court of

Appeal points out that most of the dynamiting was

In disregard of plain principles of law. We suppose

wnat the worthy Legion Commander meant by dyna-

Miting that they. had invoked a sort of lynch law.

The District Court of Appeal has said that even

where Communists are concerned, the Courts must

respect established legal principles,

eae decision, handed down by the Court on May~ holds that there was not the slightest evidence

against the defendant, Frank Spector. After the

sate : ee days, the authorities will return

i or to Imperial] County; and it seems reasonable

ey that he will be released shortly thereafter. |

oc holds that the first count of the indict-

munist bane to charge pace Hersbip in the Com-

third coy me egg hated organizations, and the

. atta of the indictment, attempting to charge

to cuetina. are So confused and unintelligible as

are, oe re Statement of a crime. These counts

the oo dismissed. The effect will be to cut

aries ces of from three to forty-two years for

: efendant to from one to fourteen years,

sue Tel: points are considered in the very

Interest to weision of the Court, but they will be of

"The q a one except lawyers.

any hace cannot be regarded as clearing up.

freedom ss with regard to freedom of speech or

ODinions of pees sly. The gist of it is that radical

(c) defendants will not justify courts and

Aallarhan. -

UA Basi

Droseeyty

pring} we attorneys in overthrowing established

Plies of procedure. In short, the Court holds

at even raq

icals are entitled toa fain triak " The

decig}

lon :

Serves notice upon prosecuting attorneys

LOS ANGELES, CALIF., JUNE 6, 1931

and judges that they cannot willfully tread down the

rights of individuals, even though those individuals

happen to be radicals. It is a re-affirmance of the

principle of due process of law. Experience shows

that when prosecuting officers know that they must /

adhere to established principles, they will hesitate

to institute prosecutions for mere expressions of

opinion.

adhered to, prosecutors find that they can secure

verdicts in civil liberties cases only when public

opinion is at fever heat. It is, therefore, true that

there have been very few cases of convictions for

expressions of opinion which have not been secured

by tactics which would not be tolerated in ordinary

prosecutions. The decision of the District Court of

Appeal in the Horiuchi case is of importance be-

cause it insists that at least some degree of fairness

must characterize civil liberties cases in this state.

"While the matter of applying for a rehearing is

being considered, it is not proper that as counsel in

the case I should publicly express my opinion as to

those portions of the decision which sustain the con-

victions on the second count of the indictment. I

can, however, express my great satisfaction in the

opinion of the Court insofar as it calls a halt to high-

handed and unintelligent methods on the part of

prosecuting authorities in civil liberties cases."

California Red Flag Decision

Tamited Victory, Sav

Reading of the complete decision of the United

States Supreme Court in the case of Yetta Strom-

AT XT AW?

Lawyers

- berg, better known as the California red flag case,

shows that the high court's ruling, in reversing Miss

Stromberg's conviction, was less a victory than

early reports indicated.

Attorneys of the American Civil Liberties Union

Say that under that decision the display of a red

flag can be punished or not, according to the intent

behind its use. All that the Supreme Court says, in

essence, is that displaying a red flag cannot be pun-

ished as a Symbol of "opposition to organized gov-

ernment,' which might in fact be peaceful opposi-

tion.

Miss Stromberg's conviction was set aside because

she was found guilty of displaying the Communist

Party flag under a general clause of the California

anti-red flag law which included the phrase, "as a

Symbol of opposition to organized government." It

was held that the jury might have found her guilty

of that rather than its display as a Symbol of "an-

archistic or seditious action." The two dissenting

opinions held that, even if that phrase were disre-

garded as unconstitutional, the conviction should be

sustained on the remaining facts.

In other cases conviction will depend on who dis-

plays a red flag, where, and what the flag stands for

on each occasion.

Appeal Case of Chinese

All appeals that Tao-Hsuan Li, Chinese Commu-

nist, be permitted to go to Russia instead of being

deported to China, where he is likely to be executed,

have been denied by the Department of Labor. As-

sistant Secretary W. W. Husband announced May

22 that the deportation order must be carried out.

Despite frequent news dispatches telling of Com-

munists being executed in China, Mr. Husband said

that the claim that aliens like Li might be punished

if returned to their native countries was "unsup-

ported."

The International Labor Defense has taken the

case into the Federal court in New York, where

Judge Woolsey ruled adversely. It now goes to the

Court of Appeals, where it will be heard in the fall.

Spy government is a bad government. It is a gov-

ernment which, if persisted in too long and. over a

larger field, is bound to bring about the destruction

of that government.-Senator Blaine.

To secure convictions in cases involving |

| mere expressions of opinion, it is generally necessary

| to resort to unfair and illegal tactics. Where the es-

_ tablished principles of legal procedure are rigidly

membership in the Communist Party and conspiracy |

No. 23

Roberts Swings Supreme .

Court Over to Militarism

Washington (FP)-Justice Owen D. Roberts swung

over from the so-called new majority in the Supreme

Court to the reactionary group May 25, and created

a five to four majority which attempted to make mili-

tarism the test for citizenship in the United States.

He joined with McReynolds, Butler, Vandevanter and

Sutherland in refusing the right of American citi-

zenship to Prof. Douglas C. MacIntosh, of Yale Di-

vinity School, and to Marie C. Bland, a nurse. Both

had refused to declare, in seeking citizenship, that

they would take up arms to defend the United

States in the event of war, and regardless of their

convictions of the justice of such a war.

Commenting on the court's decision, Roger N.

Baldwin, director of the Civil Liberties Union, said:

"We helped to put these cases before the Supreme

Court because we believed it would stand by the old

tradition of freedom for religious conscience. But

this decision reveals a new dispensation-the su-

premacy of the State over the conscience of the in-

dividual. God officially gets second place.

"Our high court now decrees that the Government

alone shall judge what war service a citizen shall

render. Thus the only war-time right left to any of

us, by the implication of this decree, is the right to

agree with the Government. All professional patri-

ots and militarists will welcome this decision, which

is in line with the widespread propaganda for mili-

tarism."

Sutherland, former Utah senator, reading the ma-

jority opinion, showed intense feeling. He declared

that. the applicant for naturalization must be wholly

loyal to the Government in time of war as well as

ii time Of peace, aud thatne-imust ve reauy anu

willing to answer any call for military service. This

rule, he held, was settled in the Rosika Schwimmer

case,

Chief Justice Hughes, supported by Justices

Holmes, Brandeis and Stone, protested, just as vig-

orously, that the religious scruples of war objectors

should be respected in the case of applicants for

citizenship, just as they had been in the case of citi-

zens during the last war. Congress, he said, had

never required all applicants for citizenship to take

oath to give military service, and he felt that the

Supreme Court was not called upon to give legal

effect to departmental rulings that the applicants

must agree to take up arms in the event of war.

Ignoring this basic fact-that Congress has not

declared for the compulsory oath of willingness to

perform military service-Justice Sutherland de-

clared that Congress must decide what burdens

shall be borne by citizens in time of war, and indi-

viduals cannot be left to decide as to whether they

will fight. The Chief Justice emphasized that the

majority opinion placed a special obligation upon

future naturalized citizens which Congress has

never placed upon either born citizens or past nat-

uralized members of the national family.

The Schwimmer decision, to which Justice Suth-

erland harked back, was the one denying citizen-

ship to Mme. Rosika Schwimmer, European femi-

nist and pacifist leader, who said she would not

bear arms in any war. Justice Holmes' dissenting

opinion in that case is regarded as one of the great-

est declarations of the inherent human right of free-

dom of opinion that ever was voiced from any tribu-

nal. In the present cases the issue was not a direct

refusal, but a mental reservation. Prof. MacIntosh

and Miss Bland each declared they could not agree

beforehand to fight for a cause which, at the time of

war, they might believe unjust.

Why the reactionary members of the court are so

anxious to make compulsory military service the

stamp of Americanism, at this particular time, ig the

subject of lively debate in the capital. Fear of the

growth of social unrest in this country, due to hard

times and hunger, is as real among high court judges

as among bankers. Whether this fear has led to de-

termination to adopt such measures as this to crush

the growing "conscientious affirmer" movement

against bearing arms, has yet to be answered. Chief

Justice Hughes, himself far from any pacifist posi-

tion, is evidently convinced that punishment of emi-

(Continued on page 3)

"German Spy Planted Bomb,

Not Mooney and Billings"

The Los Angeles Record recently published a

copyrighted story from the lips of Carl Von Moltke,

in which it was alleged that neither Mooney nor

Billings was involved in the Preparedness Day ex-

plosion in San Francisco in 1916, but that the bomb

was planted by an agent of the German government.

The American Civil Liberties Union is investigating

certain points in the statement to see whether or

not they can be substantiated. Here is essentially

the story:

""A German spy perpetrated the bomb outrage at

San Francisco for which Tom Mooney and Warren

K. Billings have been imprisoned for fifteen years.'

"This sensational statement was made by Carl Von

Moltke, grand nephew of Field Marshal Von Moltke

of Franco-Prussian war fame, on the heels of his con-

viction for burglary.

"Von Moltke said he would appeal from the verdict.

As soon aS he is out of jail, he said, he will assist the

Mooney defense organization in its efforts to free the

veteran Labor leader.

"Von Moltke, a confessed former spy in the Ger-

man and American secret services, told a lucid story

of the bomb outrage.

"Tt was the work of a German spy, Frederick

Hinsch, alias Grantnor," he said. `I have the docu-

ments to prove what I am saying in a steel box in

Brooklyn.'

"Von Moltke said he would not care to have his

filing cabinet fall into the hands of other persons

because it contains papers concerning investigations

carried on by German agents into the lives of well-

known Americans. `These, if published, would cause

no end of scandal,' he added.

"Coded documents dealing with the bombing plots

of the German government prove that the bomb out-

rage was committed by a German, he says.

"These documents came into the possession of Von

Moltke, he says, while he was working in the New

York bureau of the German intelligence department

during the world war. Only one other living man,

he thinks, knows of the existence of these documents.

"Von Moltke's story is that he arrived in New York

City in 1916 as `a special representative of Zimmer-

man, whom we know only as the head of operations.'

In a suite of rooms at 60 Wall St., disguised as an

advertising and commercial studio, he relates, he was

put to work coding and decoding messages,

"The suite of rooms, he says, was leased by Wolf

Von Igel, who succeeded Von Papen as a chief oper-

ative, and by a `Paul Koenig, unofficial head of the

German secret service in the United States.' After

these rooms were raided by New York police and

American secret service men without finding any-

thing, another headquarters was established on

West Forty-sixth Street.

"Von Moltke says that a coded account which he

kept tells of a series of conferences held in April,

1916, on a sabotage program for the Pacific coast

urged by the German home office. These conferences,

according to Von Moltke, were attended by Von Igel,

Koenig, Karl Hisinger, Lowenstein, Frederick Hinsch

(alias Grantnor) and himself. Von Moltke says that

Hinsch and Hisinger were selected to take personal

charge of the sabotage.

"These men secured a large quantity of potassium

chlorate, TNT, and picric acid for the manufacture

of bombs and incendiary explosives and left for San

Francisco about May 15. The explosives were

shipped in a specially constructed trunk and checked

through as baggage.

"About two months later Koenig brought me a

report signed F. Grantnor saying railroad bridges

had been destroyed. It mentioned a bombing plan

that was to be carried out in San Francisco in July.

This document can be produced from the filing cabi-

net in Brooklyn. On July 25 the New York office

received another wire signed by Grantnor which read

"Scored 100% on the 22nd." Von Igel laughed. "We

will score many more yet, for this is only the begin-

ning," he said.'

"The role he had played during the world war was

not even hinted at during Von Moltke's trial."

All the money given by the church, by charity

organizations, by societies, or out of the rates, and

all the value of gratuitous work done by country

gentlemen, philanthropists and others is ia mere drop

in the ocean compared with the sums which these

same people and their relatives abstract from the

poor under the various legal pretenses of interest,

dividends, rents, and profits-Edward Carpenter.

Morality and religion are but words to him who

fishes in gutters for the means of sustaining life,

and crouches behind barrels in the street for shelter

from the cutting blasts of a winter night.-Horace

Greeley.

Socialist Acquitted After

Failure of Police Frameup

William W. Busick, arrested for distributing cam-

paign literature and fingerprinted under protest, was

acquitted by Municipal Judge C. E. Hollopeter on

May 28 as the result of a vigorous defense in his

behalf by John Cooper Packard, who charged a police

frameup.

Busick, who is chairman of the Socialist Party in

California and former candidate for the City Council

from the ninth district, was arrested on May 3 at

Eighth and Crocker Streets and charged with dis-

turbing the peace. On the stand he said:

"I parked my car at the corner to wait for friends

who were to help in the distribution and the police

car drove up. The officers seized copies of the New

Era, Socialist paper I was distributing, calling it

`Communistic,' `red stuff? and `I. W. W. propaganda.'

"They dragged me out of the car when I told them

they had no right to search it, twisted my arms and

handcuffed me behind my back."

Deputy Prosecutor Donald Avery asked the court

to disregard the `technical, so-called constitutional

rights these people are forever hollering about."

Mr. Packard told the court that Avery had re-

marked, "We've been trying to get Busick for a long

time, but now we think we have him," which brought

an objection by the prosecutor to the statement as a

"violation of a confidence."

A. C. L. Union Fights Signing

of Alien Registration Bill

If Gov. Wilber M. Brucker of Michigan signs the

alien registration bill, passed by the state legisla-

ture May 18, the Detroit branch of the American

Civil Liberties Union will immediately attack it in

the courts on the grounds of unconstitutionality.

Announcement of this purpose was made by Caroline

Parker, chairman of the branch.

The bill requires every alien in Michigan to regis-

ter with the state police and show proof of legal

entry. One of the principal aims of the legislation,

it was made clear, `was "to reach Communists and

Socialists who are attempting to stir unrest." W. D.

Edenburn, lobbyist for the automobile industry,

guided the bill through the legislature.

Under the measure iany alien lacking a certificate

would be fined from, $50 to $100. If he could not pay

he would have to work out the fine in jail at $2 a

day; then would be handed to the United States au-

thorities for deportation. Business firms would be

prohibited from employing unregistered aliens. Pho-

tographing and fingerprinting all aliens is provided

for.

Book Review

MARRIED LOVE, By Dr. Marie C. Stopes, G. P.

Putnam's Sons, New York, $2.00.

At last an American edition of this book has been

permitted. It was first published in 1918 in England,

where over 700,000 copies have been sold. But our

Federal customs authorities branded it as obscene and

would not permit its entry into America. Recently,

however, the demand has arisen for the removal of the

ban. The matter was taken to the United States Dis-

trict Court and Judge John M. Woolsey issued a favor-

able opinion upon it, declaring that it did not "fall

within the definitions of the words `obscene' or `im-

moral' in any respect," "and instead of being inhos-

pitably received, it should, I think, be welcomed within

our borders." :

The author, a highly cultured woman-Doctor of

Science (London) and Ph.D. (Munich)-has written a

book that meets a real need everywhere. It should be

translated into many languages and read widely.

Young people contemplating marriage can hardly

afford to neglect its instructions. Older couples-espe-

cially husbands-will profit immensely by its study.

They may discover why so many marital ventures have

ended badly and get some practical suggestions as to

how to right them. I predict for it a wide circulation

in this country.

Crane

Unfortunately, men and women who are trained in

the needs of humanity have never had a chance

to run the world. It has always been managed by

people trained in nothing whatever but greed... .

people who wear uniforms, and have made fortunes

for themselves, and have high hats on their heads,

and who talk in heavy phrases like the annuat re-

port of the United States Steel Corporation.-W. E.

Woodward. ; ;

There are a million more fellows running around

Burope with rifles in their hands than there were

when the murder at Sarajevo started the disaster.-

Oswald Garrison Villard.

- - !

NEWS AND VIEWS

By P. D. NOEL

When Thieves Fall Out, Etc.

A bitter fight seems to be on between the Musgyy.

lini vigilantes and the Catholics. The Pope seemoj

to be "sitting pretty' about a year ago, when th,

treaty was signed between the Vatican and the Duc

giving control of education to a large extent to the

Church. The strong-arm tactics of the Fascisi

against democracy and popular government seem

not in the least to arouse the resentment of th

Holy See. Now that "brutal violence" is being pq.

petrated upon the Church and its institutions, th

Pope is much incensed. The resultant weakening cent

both contestants will benefit the masses.

Feminine Psychology

It is frequently denied that women look at thing

differently from men, especially along moral ling,

When money is involved or a person's liberty a

stake the lawyers and other practical men soon inii.

cate their disbelief in that doctrine. Take the liquor

question, for instance; the women are almost unaii.

mous against booze. The Pantages case now on trial

in San Diego is another example. The lawyers fo

the defense are using every endeavor to have a juy

of men, eliminating women by peremptory chal

lenges where they cannot be gotten rid of other

wise.

The Power Trust

The fight we are having here to save our $80,000,

000 power department from being starved and

wrecked by the private corporations engaged in the

same line, backed by the national organization, 1s

echoed in Seattle. Under the leadership of the chiei

engineer, Ross, the city had built up a most success

ful power and light department. A year or so agoa

combination of the wets, underworld, banks and the

power trust defeated for re-election the very com

petent woman mayor. Her successor recently fired

Ross, and is now faced with a recall election. His

elimination would be a strong object lesson to use

here in a similar movement against our weak ant

unreliable mayor,-

Argentina

The great South American republic is now in the

hands of a military-fascist group of exploiters mas

querading, under a high-sounding name, as patriots

Little is known here of the true conditions, as oll!

Washington administration and the commercial "lt

ments are naturally prejudiced against the radical

working class elements which are the only genuile

opponents of the dictatorship. Our own local wal

horse, Stephanus Fabijanovic, 132 East Twenty

fourth Street, has published a pamphlet giving the

facts of the situation, which he will be glad to sent

and

to anyone asking for it. 2

The D. A. R. Again

These Daughters of the American Revolution are ill

the same boat with the man who was labeled "a (#

generate son of an illustrious sire." Their late

tirade against anything Russian is a call for bor

cotting candy from that country, which seems to !

on the market. They weepily tell of virtual slave

children who make these confections, and how dill!

they are. For years they have completely ignorel

our several millions of child workers, and nev!

lifted a hand to aid in the passage of a nationel

child labor act. As to disease and dirt, they misll

profiit by reading Kate Richards O'Hare's story a

shirts, etc., produced in the Missouri penitentia!!

for public sale by tubercular and syphilitic prison

The Legion In Our Schools

F. W. Bouelle,

Superintendent of Schools,

Los Angeles, Calif,

Dear Sir:

So the American Legion is going to dictate il

policies of our schools rather than the great major!

who prefer peace to war! You do not expect peat!

until the millenium, so you think it is not wor!

while to let the young people in your charge wor

for it.

And Stephen L. Hall, of the Hollywood Post, 8"

be our dictator. He evidently did not learn mut!

from his war experience, but wants more of it, and

spite of what he fought for, the war to end wal. Au!

we, the people, must bow in submission, because i

chief of our schools believes that way too!-K. C. :

1880.

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FROM VARIED VIEWPOINTS

Mooney Goes to the People

Editor The Open Forum:

Once again will my case be presented to a Gov-

ernor of California-this time with direct admonition

that the American people are demanding a removal

of the shameful stain upon our national peliey Tt

Frank P. Walsh, eminent attorney of New York, will

present to Governor Rolph the petition for my un-

conditional pardon. Mr. Walsh is giving his services

without fee; but the many additional expenses of

this pardon hearing will be heavy.

The long period of financial depression has had

calamitous effect upon my defense efforts. Without

funds to conduct an intensive campaign before and

during the pardon hearing, that effort is likely to

fail-and right now my Defense Committee lacks

funds. Yet means must be found to counteract the

apathy manifested by a great majority of the people,

and to rally the loyal minority in support of this my

latest effort for the freedom so long and so unjustly

{

denied.

I expect no help from those crooked officials whose

fakery is brought to light in my pamphlet-`Labor

Leaders Betray Tom Mooney." Not one of them has

ever approached Governor Rolph in my behalf-

no more than they ever approached the former Gov-

ernors, Young,' Richardson and Stephens, to speak a

word for me. On fleeting wings the years have sped,

for them-long years that grayed the hair and sapped

the vigor of Tom Mooney, whose activities in the

Labor movement they always feared. No, they do

not want me at liberty. And my forthcoming pam-

phlet-"The Case Against Tom Mooney"-will show

the reasons why. ;

It will cost something to print and distribute the

booklet, too. And I want to do that-even more than

I want my freedom. For the pamphlet is a complete

refutation of all the charges upon which my framed

conviction was secured.

I know that the great majority of the people are

with me, in heart; and that my call has but to reach

those hearts, to bring response. Have you read in

the May issue of Harper's Magazine, "Our American

Dreyfus Case-A Challenge to California Justice''?

It is a graphic and illuminating expose of the hidden

processes by which my unjust conviction was brought

about. When you have read it, I am sure my De-

fense Committee will hear from you. And by that

"you," I mean every sincere lover of justice and fair

play, in all this country; and every true friend of

Labor, throughout the world.

TOM MOONEY.

Send all funds to:

Tom Mooney Molders' Defense Committee,

P. 0. Box 1475, San Francisco, Calif.

The Man in Tom Mooney

Hditor The Open Forum:

Of all the pamphlets written on Mooney's case,

the pamphlet, "Labor Leaders Betray Tom Mooney,"

throws more light than ever on the man behind it.

Mooney knew that with the issue of this pamphlet

the hostility of the Labor leaders would become

More inplacable than ever and that he can never,

Now, expect anything else from that quarter. But

the man in Mooney would rather rot in jail than

accept help from such double-crossing, back-biting,

fork-tongued, mud-slinging, lying politicians who

fester our Labor ranks. If ho cannot be freed by

honest hearts and ready hands, he would not accept

his freedom on other terms.

And then, again, he knows he is only an atom in

the Working class, To him his class is paramount.

And to wake up that class to do its own thinking, he

Wrote that pamphlet. The revelations in it are as-

tounding, Every one of us should read it. To insure

to it the widest circulation possible, the General

Defense, Supervised by the I. W. W., 433 Bryson

Building, Sells it for the nominal price of five cents,

me the older pamphlets free to anyone who may

Dply. And friends, let us not forget Billings, let us

Make both cages one.

RALPH V. CHERVIN.

(Continued from page 1)

S will not stabilize capitalist society.

rts, newest member of the court, who

Stood with the Holmes-Brandeis-Hughes-

Provided the surprise in this issue.

on hewspapers that printed the Mac-

Bland decisions also published accounts

P of the army bombing fleet over Hart-

tatements that these bombers could in a

8 destroy the city in flames, explosions

fumes,

Nent Dacifigst

Justice Robe

thus far had

tone group,

The attern

Ntosh ang

of the SWoo

ford, With g

*W minute

nd poison

We welcome communications from our read-

ers for this page. But to be acceptable letters

must be pointed and brief-not over 500 words,

and if they are 400 or less they will stand a

better show of publication. Also they must be

typewritten-our printers can't take time to de

cipher hieroglyphics.

Pensions for Those Who

Labor Instead of Murder

President Herbert Hoover,

Washington, D. C.

Dear Mr. President:

I want to give you the biggest suggestion that you

ever had. Do not say it is too Utopian. It igs what

every human being is entitled to and must have in

one way or another. Why not permit him to attain

it in a legitimate, Christian way?

It is this: Our Government taxes us to the tune

of three billions a year, iand instead of using that

money for the benefit of those who earned it, it is

squandered in numerous ways-principally in de-

stroying men and things. Everybody can tell you

that this is wrong and must be changed. You must

admit that everybody must have food, clothing, and

shelter-the only other alternative being to commit

suicide! No one can work without it. Why not

see that they have it by giving each worker an allow-

ance up to a certain amount, to be determined?

Then they are free, fit, capable and happy to work

for their luxuries. It can be done, and should be

done if you want to see the change which is upon

us come peacefully.

Think it over, and work it out, and the dangerous

discontent which encircles the globe can be changed.

Human destiny should be changed from perpetual

fear to some semblance of joy in life. By doing this

you can leave the greatest name in history for your-

self. I want to be able to say that my nation is a

Christian nation in very truth.

If you want patriotism (which I do not) give the

people a reason for it. Otherwise, why rush into this

So Long as Life Lasts

Editor The Open Forum:

I am shocked and cut to the heart by reading Ida

Rothstein's letter to Upton Sinclair in The Open

Forum of April 11, if her indictment is true-and I

have no reason to disbelieve it, the tone and con-

tent of the letter being so earnest and sincere.

There are three men in the progressive movement

of today I have pinned my faith to, Roger Baldwin,

Norman Thomas and Upton Sinclair, in the order

named. Roger Baldwin has been my ideal hero ever

since the stand he took in the war that was to make

the world so safe for democracy; Norman Thomas as

the shining leader in the Socialist Party; Upton Sin-

clair as its inspired literary voice.

I was a dues-paying member of the Socialist Party

until the N. E. C. excommunicated the left-wing

members, which was certainly not a shining example

of the right of free speech and opinion. But even

among progressives it depends on whose ox is gored.

So naturally the left wing had to organize as Com-

munists. Though we were members of the Socialist

Party, I had long known that Scott Nearing-another

of my war time heroes-was a Communist, as I am.

I was not ashamed to march with him, William Z.

Foster, Robert Minor, et al., quite as honest in their

ideals, affiliations and activities as anyone who re-

mained with the N. E. C. I would still vote with the

Socialist Party if I lived where there was a Socialist

ticket, as I think Socialism is the first step out of

present-day capitalism.

Perhaps this splitting up of parties may be all to

the ultimate good, but from the road as we go along

it is a most depressing spectacle. Why can we not

agree to differ on all but the fundamentals we are

all working for? It is no wonder that the believers

in Laissez Faire smile at us, and may be justified in

predicting that if the class struggle is ever won,

under whatever name or any form of co-operation, it

would eventually become as perverted as the parties

now in power against which we inveigh. We can

hardly deny what the French writer, Rechet, says of

men: "He is no homo sapiens-wise man, but homo

stultus-stupid man... incapable of building an en-

during civilization."

miuiuai exterMimation DUSINESS, at the behest of Sov

ernments which neglect us in time of peace? How

long, O how long are we going to continue to have

fear, hate, poverty, hunger forever dogging our

every step? There is a way out! When will states-

men find it? The good will of the people is the thing

for governments to strive for, and until we have

justice a living force and not a dead issue, we cer-

tainly cannot boast of our civilization.

Our ancestors shed their blood that we might

build up a society worthy of human beings. Have we

achieved it in one hundred and fifty-five years, and

if not, why not? Must we continue to admit failure?

You must know if the Government can pay pen-

sions to those who kill at its command, it can also

pay to those who perform the labor that creates

the wealth upon which the Government levies taxes.

We now feed, house and clothe convicts in our pris-

ons and the sick in our hospitals and poorhouses.

Why not make secure the shelter and food, which

given in time, would save thousands from ever be-

coming criminals or paupers.-K. (c). G.

We Take a Bow

Editor The Open Forum:

I hope you will believe me when I write that there

is no paper of similar size (or any size for that mat-

ter) to equal your Open Forum. I do get dreadfully

peeved at times with Mr. Noel's shortsightedness

in not having the vision to see that our system of

government is terribly wrong, with the hope of Rus-

sia starting a new and better one on its way, but

dear Mrs. Gartz's articles make me forget being

peeved with Noel-so-Hurrah for Mr. Shoat and

his "Dynamite" review!

Between us all the paper must be read by six or

more persons-many copies go to Berlin and Vienna

where I know people who formerly lived in Los

Angeles and enjoy keeping in touch with Civil Lib-

erties affairs.

The extra quarter is for five copies of your issue

of May 9. Can't you possibly get Professor White

to write a fuller account of his opinion on Russia?

To "my way of thinkin'" there is nothing in the

whole world so interesting as that "experiment" and

we want to learn all we can about it.

FLORENCE SPENCE.

The life of society is being strangled by the forms

which once promoted it-Thomas Kirkup.

. life shall last!

And Californians-Socialists or Communists-have

little cause to be proud of. their state, with its

Mooney and Billings frameup; its Imperial Valley

forty-two-year sentences ;its syndicalist law, relic of

the late unholy war, and now its new Governor,

Rolph, who was to wipe some of these iniquities off

the slate, but who turns out to be another playboy

of the dapper Jimmy Walker brand.

It might be well for The Open Forum occasionally

to print the Declaration of Independence, the sup-

posed charter of our liberties, so flagrantly denied

us. The heart sickens for the change that shall real-

ize our hopes of brotherhood, "life, liberty and the

pursuit of happiness." All our efforts to bring in a

new order seem vain and futile; yet we must work

and wait and never give up the struggle so long as

AGNES CAMERON WATSON.

St. Petersburg Fla.

ProhibitionsMinded America

Editor The Open Forum:

Your readers have doubtless heard the story of

the days of the 1905 revolution in St. Petersburg,

when the revolutionists shouted for a constitution

and the troops thought that "Constitutza" was the

mistress of one of the Grand Dukes.

We have something like that happening out here

in Los Angeles just now. Some of our pacifist

friends are distributing Einstein's "two per cent but-

tons," and people take it for granted that they are

agitating for two per cent beer.

Sincerely,

UPTON SINCLAIR.

Jane Addams ys. Col. Smith

LeRoy Smith,

Better America Federation,

Los Angeles, Cal.

Dear Sir:

My attention has been drawn to your list of radi-

cals whom you would like to deport.

I wish to thank you for putting my name at the

head of the list; certainly I could not have selected

better company for myself-but who are you that

you dare to try to discredit the name of Jane

Addams? (which of course you could not do). The

whole world knows that Jane Addams stands at the

head of all women in the United States, but what do

they know of you?-kK. C. G.

THE OPEN FORUM

Published every Saturday at 1022 California Building

Second and Broadway,

Los Angeles, California, by The Southern California

Branch of The American Civil Liberties Union.

John Packard

Phone: TUcker 6836

Llinton J. Taft Editor

CONTRIBUTING EDITORS

Upton Sinclair Kate Crane Gartz

Doremus Scudder

Leo Gallagher Ethelwyn Mills P.-D. Noel

Lew Head

John Beardsley

Edwin P. Ryland

Charlotte Dantzig

Subscription Rates-One Dollar a Year, Five Cents

per Copy. In bundles of ten or more to one address,

Two Cents Hach, if ordered in advance.

Advertising Rates on Request.

Entered a8 second-class matter Dec. 13, 1924, at the

post office of Los Angeles, California, under the

Act of March 38, 1879.

LOS ANGELES, CALIF., JUNE 6, 1931

This paper, like the Sunday Night Forum, is

carried on by the American Civil Liberties

Union to give a concrete illustration of the

value of free discussion. It offers a means of

expression to unpopular minorities. The or-

ganization assumes no responsibility for opin-

ions appearing in signed articles.

Write the Governor Now!

Within a few days a petition will be pre-

sented to Governor Rolph asking for the par-

don of Tom Mooney. It will help greatly if

the friends of Tom everywhere will write the

Governor urging an unconditional pardon. You

have helped before. Perhaps you are now tired

and discouraged about getting justice for

A petition to Governor Rolph in behalf of

Tom Mooney and Warren Billings is now being

circulated widely throughout California. Have

you signed it? If not drop into the office of the

American Civil Liberties Union, 1022 California

Building, and put your name to it. Better still,

come in and get a petition to circulate among

| your friends.

U. S. May Withdraw Marines

From Haiti In Two Years

Secretary of State Stimson is negotiating with the

Haitian Government for possible withdrawal of

United States marines from Haiti within two years,

according to a Washington dispatch to the Baltimore

Sun. This action follows receipt of a letter by Presi-

dent Hoover on May 9 from, seven members of the

American Civil Liberties Union's national board,

urging immediate withdrawal of American marines

from Haiti and replacement of American officials

there by Haitians. The letter was given wide notice

and support in the press.

"There iS no sound reason why the removal of the

marines should wait two years," said Roger N. Bald-

win, director of the Civil Liberties Union. "Unrest

and resentment against the presence of the marines

grows steadily.

"Under the Stimson plan, though American officials

are to be rapidly replaced, it appears that Haitian

customs will continue to be collected by an Ameri-

can receiver to guatrantee interest payments of

Haiti's debt to the National City Bank of New York.

This is what the Haitians resent most; they have

long felt that the marines were sent in to act aS a

collection agency for American financial interests."

-' Governor Frees Centralia

Prisoner for Six Months

Eugene Barnett, one of the Centralia prisoners,

has been paroled for six months by Gov. Roland

Hartley of Washington because his wife iS about to

undergo a critical operation. This action was recom-

mended by the state parole board. `We would do

the same thing in any case if a man's record was

29 7 "ce

good" said the governor. "We ere -cied to-show

ns

2G EIR G28 E1aG- CE SLiGW tis

Mooney. But please do this one more thing.

Just deluge Governor James Rolph, Sacra-

mento, Calif., with thousands of letters, show-

ing that public interest in this famous case is

not dead nor dying. -C..J. T.

Board of Education Scored

Charging an attempt to smother free thought and

expression in the city high schools, Dr. C. J. Mast,

director of the American Civil" Liberties Union,

Southern California Branch, entered a strong pro-

test against the recent order of the Logs Angeles

Board of Education prohibiting students from circu-

lating disarmament petitions.

"Tt is reported that you were influenced by Ameri-

can Legion claims that the petitions were "`Commu-

nist propaganda' and `emanated from Moscow.'

Nothing could be more amusing or absurd.

"The Women's International League for Peace

and Freedom sponsored the petitions. They aim at

doing away with war among the nations-an object

in perfect accord with the Kellogg Peace Pact.

"Instead of forbidding students to obtain signers

to such a petition you should rejoice that they are

eager to undertake this kind of work and should give

them every encouragement to prosecute it vigorously.

Let's have democracy in education."

Shelley Club

The next meeting of the Woman's Shelley Club

will be held at Boos Bros. Cafeteria, on Fifth street

between Hill and Broadway, 1 o'clock, Wednesday,

June 10. Dr. S. Pandit will speak on "Development of

the Individual."

element of mercy. Six months from now Barnett

will return to prison to serve out his sentence."

Barnett is one of six I. W. W. members serving

from twenty-five to forty years for defending their

hall against an American Legion mob in Centralia

on Armistice Day, 1919. The state charged that Bar-

nett fired the shot which killed Lieut. Warren Grimm.

According to reputable witnesses, Barnett was in a

hotel next door to the I. W. W. hall, and took no part

in the defense. The trial jury found him guilty of

"third degree murder," but on being told by the judge

that no such crime exists, the jurors changed the ver-

dict to second degree murder.

Friends of the prisoners are encouraged by Goy-

ernor Hartley's action. They consider it a sign that

opposition to liberation of all six men is diminishing.

I do not mind their rain of blows,

The swats they gave me on the nose;

But o'er their dreary platitudes

My weary spirit sits and broods.

WALT MASON.

OPPOSED TO THE CHURCH,"

Charles of Oakland.

ligion has caused no little criticism in this county

and elsewhere.

Mr. Charles will attempt to explain the situation anj

show how tenable is her position.

Los Angeles

OPEN FORUM

Music Art Hall

233 So. Broadway

Come at 7:30 if you would not miss the treme

dously interesting and instructive talks on currey

events with which the meetings are opened ea}

week by Prof. Arthur E. Briggs.

June 7-"WHY THE SOVIET GOVERNMENT 4

by Martin p

Russia's attitude toward y

Why has she taken such a stanj)

June 14-ONE-ACT PLAY, by Harbor Allen, "th

God Is Not In," will be presented by the Rehi

Players.

Bloor on "The Imperial Valley Case."

since the prisoners were sent to San Quentin ani

Folsom.

There will be an address by "Mothey'

It is a yea

25 cents admission.

June 21I-CENTRALIA MASS MEETING, to kp

addressed by Attorneys Fred Moore, of Sacco-Van-

zetti fame, and R. W. Henderson, who has defended

so many radicals charged with violation of the Crimi

nal Syndicalism law. The General Defense Commit

tee will join with us this evening in the effort t

rekindle our interest in the victims of cruel injustice

who are incarcerated in Walla Walla penitentiary,

It should be a great meeting in every way.

The spirit of liberty is not merely aS some peopl

imagine, a jealousy of our own particular rights,

but a respect for the rights of others, and an unvil

lingness that any mian, whether high or low, shoull

be wronged and trampled under foot.-Doctor Chap.

Emergency Dental Laboratory

Plates Repaired While You Wait

Plates Repolished

D. G. Nadaner, Mgr. 202'% S. Broadway

INSURANCE

Fire and Automobile

' Best Board Companies

P. D. NOEL

301 WEST AVENUE 43 GArfield 4338

SIDNEY L. JANOW

Tel. TUcker 6789

A working jeweler, a confidence-inspiring mal

to whom you may entrust all your jewelry

needs, be it the purchase of an expensive

diamond, an insignificant repair job or en:

graving.

611 Jewelers Bldg.

747 So. Hill St

National Bank of Commerce

Commercial

Savings

Escrows

Safe Deposit

BONDS

Domestic and Foreign Exchange

439 SOUTH HILL STREET

Adjoining the Subway Terminal

Bryson Building,

day: business meeting every Tuesday, 7:30 P.M

and educational meetings every first and

Tuesday, at 120 Winston Street.

Building. Telephone MUtual 7871.

day. Young Socialist League meets ever

MOTHER BLOOR

Veteran of the Labor Movement

On Tour of Coast in Interest of

IMPERIAL VALLEY CASES

Will Speak at Music-Art Hall

233 South Broadway

JUNE 14, AT 7:30 P. M.

Workers and Sympathizers Should Attend This Meeting and Fght for

Release of Imperial Valley Prisoners.

Auspices I. L. D. and A. C. L. U.

day night.

per year.

Coming Events

iW

n evel!

LOS ANGELES BRANCH of the I. W. W.

free reading room ope

MOONEY-BILLINGS BRANCH, I. L. D. pe

SOCIALIST PARTY, headquarters 429-30 Douslt

Offices opel!

y Wed

NEW ERA, local Socialist pape! $l

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