I boo016 HoW' Goes the BILL of RIGHTS?

ET&IlNAL VIGILANCE IS TWE: IlRICE 01= ...... LI BERTV FLORiDA ATLANTIC U«WERSlf( LIBRARY

The Storg 01 the Fight lor Civil Libertg~ 1935-36 SOCIALIST· LABOR COLLECTION

American Civil Liberties Union 31 Union Sq. West New York City

~181 /une1936 CONTENTS PAGE Civil Liberties in the Bill of Rights 3 Review of the Year, to June, 1936 ;...... 5 Record for the Year 12 Courts 12 Laws ~ 13 . Labor's -Rights 18 Sedition 21 Political Prisoners 22 Unemployed 25 Assemblage 27 Aliens 28 Mob 'Violence and Lynching 29 Negroes' Rights 31 Censorship 33 Search and Seizure 36 Freedom in Schools and Colleges 38 Professional Patriots 42 American Indians 42 Colonies 43 Program of Activities 45 Local Committees 47 ~r~~~!~ati.. ·:::·.·.·.·.·.·.:::·.:·.:·.·.·.·.·.·.·.:·.· ::::..:: ..:..:: ::: :..::..:..::..: :: ..::::: :..:..::::::::::..::: :..:.. :::::..:::: ..:::..:..:..:..:::: :~ Erie County (Buffalo, N. Y.) 50 Iowa 51 Maryland 51 Massachusetts 52 New Jersey 53 New York City 55 Northern California 65 Portland (Ore.) 68 St. Louis :...... 68 Seattle 69 Southern California 71 Organization 75 Finances 77 Publications 79 Treasurer's Report 83 Officers of National and Local Committees and State Chairmen 91 Committees of the Union; Defense Agencies 95 Civil Liberties in the Bill of Rights

These are the sections of the Bill of Rights of the federal consti­ tution which constitute the basis of civil liberty:

ARTICLE I. Congress shall make no law respecting an establishment of re­ ligion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; of the right of the people peace­ ably to assemble and to petition the Government for a redress of grievances. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ARTICLE V. No person shall be held to answer for'a capital or other infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life and limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prop­ erty, without due process of law; nor shall private property be taken for public use without just compensation.

ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which districts shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have c0mpulsory process of obtaining witnesses in his favor, and to have the assistance of counsel in his defense. [ 3 J How GOES THE BILL OF RIGHTS?

ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE XIV. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. .No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

[4J Review of the Year (To June, 1936)

THE attack by reactionaries and employers upon the rights of labor and of radical movements has continued without let-up, though the sum total of serious cases of interference dropped sharply from last year. That year, 1934-35, recorded a greater variety and number of serious violations of civil liberties than any year since the war. While active suppression has been less, intimidation of working-class and radical movements is unabated. The greatest single attack upon American liberties is the resort to force and vio­ lence by employers, vigilantes, mobs, troops, private gunmen and compliant sheriffs and police. These bulk·far larger and more serious than restrictions by law. The atmosphere created by the hysterical attacks of extreme re­ action, led by the Hearst press, on all progressive and liberal move­ ments as "agents of Moscow," makes headway for labor and radical movements more difficult. Despite the absurdity of the reactionary barrage against all reform measures, from those of the New Deal to the child labor amendment, as Communist manoeuvres, the red scare still works. A counter-move against these attacks resulted in the passage by the Senate of a resolution introduced by Senator LaFollette for a sweeping country-wide investigation of violations of civil liberties and collective bargaining, the first such congressional investigation in American history, which for the first time will put the reaction­ aries on the defensive. Increased resistance to repression of labor's rights has marked the year, particularly evident in the independent movement within the A. F. of 1. to create industrial unions in mass production industries, and in the growth of independent political action based upon work­ ing-class and farmer interests. All but a few phases of the struggle for civil liberty during the year, as the following pages reveal, show improvement. No further restrictive higher court decisions were handed down. A few were even encouraging. No new repressive legislation was passed by [ 5 ] How GOES THE BILL OF RIGHTS?

Congress. In the states, the few restrictive laws passed affected teaching-a teacher's loyalty law and a flag-salute law in Massa­ chusetts, and in New York a state-wide investigation of alleged radicalism in the schools. No new prosecutions for opinion under the sedition or criminal syndicalism laws were instituted, and the number of so-called politi­ cal prisoners declined. Organization of the unemployed proceeded with less interference, with few such clashes between police and demonstrators as marked previous years of the depression. Mob and vigilante violence dropped sharply from the previous year, though lynchings almost doubled. Public censorship of plays, mo­ tion pictures, books and periodicals remained unchanged, and on the whole showed a slight tendency for the better. Though strikes were fewer among industrial workers and prac­ tically non-existent among organized farmers, repression marked almost every conflict. Troops were called out in 19 instances to police strikes. This, with the record of 24 instances in 1934, is the longest in many years. It illustrates the determination of em­ ployers and their agents to break strikes, by armed force if neces­ sary, now that labor injunctions are more difficult to get. Thirty strikers were killed in conflicts with police and armed guards in 1935, and six more up to June 1, 1936-eontinuing the long record of fatal violence against those struggling for collective bargaining. Despite the better record in major cases, hundreds of petty arrests took place as usual in strikes, demonstrations and radical political activities. The International Labor Defense reports almost 18,000 listed cases of such arrests in 1935 alone. Although the semi-Fascist shirt organizations which flourished a few years ago, are practically extinct, the secret organization of the Ku Klux Klan in the south and on the West 'Coast, and the startling exposure of the Black Legion in Michigan and neighboring states, indicate a widespread tendency to terrorism, directed particularly against radicals and minority religious and racial groups. The one field in which the record of the year was distinctly worse was that covering freedom in the schools and colleges-not so much in terms of actual cases, as of pressure. The reactionary propaganda of the Hearst press and of the professional patriotic organizations created an atmosphere in which loyalty oath bills and [6] How G,OES THE BILL OF RIGHTS? compulsory flag saluting supported the demands for patriotic con­ formity, and indirectly intimidated thousands of teachers. Al­ though opposition was strong among teachers' organizations, school officials and the press, all movements for the repeal of restrictive laws failed. The schools and colleges are plainly on the defensive against "patriotic" attack, despite an almost total lack of evidence to justify the suspicions and charges.

T HE federal government, outside the enforcement of parsh de- portation laws, played a very slight role in repression. The only serious charge to be brought against any federal department in­ volved Army and Navy pressure on Congress for sedition bills and their propaganda against civilian pacifist and radical movements. Protests were made to the President against such improper attacks by military authorities on civilians. A War Department manual, which was quite too frank in advising the use of military force against strikers and demonstrators, was officially withdrawn after much protest. The federal relief administration encouraged organization and collective bargaining both by relief workers and the unemployed. Harry Hopkins, WPA administrator, issued a specific order up­ holding those rights. The National Labor Relations Board, while not yet functioning freely because of court attacks on its authority, has worked to encourage labor's rights all over the country. The censorship over the mails by the Post Office Department did not record the exclusion of any political publication, nor any serious book or periodical on the ground of obscenity. While deportation of aliens for mere political opinions continues under the stringent statutes, the Department of Labor has endeavored to soften the law's severity. Labor injunctions in federal courts have practically disappeared. State and local authorities were, as usual, far more active agents of repression than the federal government. The worst attacks on civil rights were the use of troops in nineteen strikes and the high­ handed conduct of police and sheriffs against picket lines and radical meetings. The red squads, which mark police administrations in eight of the largest cities, continue their highly questionable activity, but without much practical result. [ 7 ] How GOES THE BILL OF RIGHTS?

SUCH betterment in conditions as is reported here is purely relative in an era of constant repression by defenders of the status quo, directed against all movements of change, particularly by organized workers. The relative improvement over the extraordinary year 1934-35 is to be ascribed to a degree of economic recovery, to the steadying influence of the New Deal administration-which rarely gives aid or comfort to repression, however little it actively opposes it-to increased resistance to repressive measures by better united defense work, and to the rise of more vigorous forces on labor's industrial and political fronts.

T HE areas of the country in which civil liberties are most restricted continue almost unchanged. The South as a whole takes the lead in attacking organized labor and radical movements. In parts of the South where organization is new, movements are forced to operate often underground. All of the present six united front national defense committees deal with cases and issues in the South -the Scottsboro boys, Angelo Herndon at Atlanta, the Arkansas sharecroppers, civil rights in Tampa, the Burlington, N. C. textile workers, and the Kentucky miners. Outside the South, industrial and agricultural areas in various parts of the country show a tight control by employers-the Imperial Valley and other agricultural valleys in California, the automobile manufacturing cities of Michigan, Harlan County, Ky. and coal and steel towns, particularly in Pennsylvania. Eighty-nine of the Union's correspondents reporting on conditions in 39 states in May 1936 state that the rights of minority movements to carry on activity were unchanged in 27 states, greater in 6, less in 3. Of the 39 states, 20 reported that radical, labor and minority movements are more active than a year ago, 5 less. Organized labor has more difficulty in organizing in 8 states, according to these correspondents, less in 9 more, with the situation unchanged in 19. Interference with the organizing of farmers or farm laborers was reported only among Southern sharecroppers. An improved atti­ tude to the right of the unemployed to organize was reported from most of the states. Race relations between colored and white were reported as better in 8 states, worse in 1 and unchanged in 26. [8J How GOES THE BILL OF RIGHTS?

Of the forces most active in attacking civil rights, the American Legion led the field-29 of the 89 correspondents so reporting. Nineteen gave Chambers of Commerce the lead. The other two most active agencies of repression reported were the D.A.R. and the Hearst press. Professional patriotic societies, assorted red-baiters, the Klan, Law and Order Leagues and foreign-born Nazi and Italian Fascists brought up the rear.

THE forces fighting for civil liberties considerably strengthened their organization during the year. More local committees of the Union were active. The Union's membership increased by a quarter, both locally and nationally. Newspaper support of our campaigns was greater. Defense work was strengthened by the new policy of the Communist Party, which has encouraged the formation of united front defense committees to bring together diverse agencies in common and harmonious action. Rivalry and antagonism in defense work have practically ceased. The growing organization of the League Against War and Fascism all over the country has also reinforced the fight for civil liberty and given it a far wider popular appeal and support. Despite the constant attacks by the reactionaries on the Civil Lib­ erties Union as an agent of Moscow for its defense of radicals as of others, the membership of the Union not only showed an in­ crease, but no resignations due to pressure from critics. Some criti­ cism was leveled at the Union's board of directors, even by mem­ bers, for protesting against the blanket subpoenas issued by the Senate Lobby Investigating Committee, (see page 36) but nobody resigned, despite the Union's apparent "line-up" with Hearst and the Liberty League! Many more members commended the Union's impartial defense of principle. An issue of policy which aroused some controversy is covered on page 76. The Union's regular income showed a return to normal for the year. Contributions in special funds for campaigns and legal de­ fense increased, as shown on page 77 and in the Treasurer's report. Publications were varied and numerous, as listed on pages 79 to 82, covering a wide range of issues.

[9J How GOES THE BILL OF RIGHTS?

EACH year the Union adopts a program of major campaigns for civil liberty. Those shown on page 45 constituted the main work of the national and local committees. The campaigns to which most attention was necessarily devoted covered opposition to gag bills in Congress and state legislatures, legislation restriaing the freedom of teachers and students; championship of bills extending civil rights, such as labor injunction bills and the radio bills in Congress; court tests of repressive laws; cases affecting racial and religious minorities; aid in securing strikers' rights; numerous court cases involving interference with free speech and assembly; and deportation cases both before the Department of Labor and in the courts. Half a dozen test cases involving points of law and public policy are pending, notably of the state laws barring political parties from the ballot because of alleged advocacy of "sedition or treason," a state labor injunction law, compulsory flag-saluting in schools, and an extraordinary divorce case in New Jersey in which the custody of children was taken from a mother because of her political views. Vital in the fight for labor's rights are the court proceedings testing the jurisdiction of the National Labor Relations Board. The maps scattered through the report showing repressive state laws indicate tellingly the background on which the Union's legal work operates.

THE Civil Liberties Union continues to mobilize all defenders of American democracy and to oppose any restrictions on freedom of agitation and propaganda, whatever their form. Defense of the Bill of Rights during the last year is marked by a growing unity of progressive and labor forces. Only by that unity and by widespread popular support can American democratic liberties be preserved for peaceful change.

[ 10 ] State Laws to Curb Radical Activities

~Sto.tes with CTlminal 5ljndicalism la.ws, with do:te of passage. (17 states) ~ Sta.tes with sedition laW's, with date. of passage. (20states) fiIIEIIIIII States with cTiminal anaTch~ laws, with c!a:te of passage. (q states) ~ States with la.ws ua.rring from the ballot political pa.rties a.dvoco.tlng the overthrow of the government Ly force, with da.te of passage (4 statu) ,. States with law against red flQ.~. (31 states)

NOTE: Nine states have no gag laws whatever. tute punishes advocacies of "crime" of violence to ac­ Most southern states have old laws of insurrection complish political or industrial reform. The red flag days aimed at "incitement to insurrection and rebel­ laws are presumably unconstitutional under the Su­ lion" which have recently been us'ed in Geor,gia preme Court decision in the case of Stromberg vs. against Communists. The Florida insurrection law Cal., though the Michigan act was sustained in 1935 includes "seditious utterances." The Wyoming sta- by the State Supreme Court. Record for the Year 1935 .. 36

Courts o decision laying down any general principle of civil liberty was N handed down either by the U. S. Supreme Court or any state supreme court during the year. Two cases affecting civil rights decided by the U. S. Supreme Court presented features of unusual interest. In one, a conviction of three Mississippi Negroes for murder was set aside on the ground that confessions had been ex­ torted by third-degree methods. In the other the court held that the Lindbergh kidnapping law applies even to cases where some benefit other than a ransom accrues to a kidnapper. Efforts were unsuccessful to get the Attorney General to hold that the act might .thus be applied to lynching cases where the victim is taken across a state line. As a result of the decisions of the U. S. Supreme Court in the Scottsboro, Ala. cases, Negroes were called for jury· service for the first time in that state. One Negro served on the grand jury which again indicted the Scottsboro boys. State supreme court decisions dealt with applications of law rather than constitutional principles. In Oregon, the State Supreme Court reversed one conviction for criminal syndicalism on the ground that the defendant had no knowledge that the papers he sold violated the law, and upheld two others on the ground of mere associa.tion with Communists. The Civil Liberties Union filed a brief as amicus curiae in the case reversed. The California Supreme Court, contrary to its previous declara­ tions, took jurisdiction of the case of Tom Mooney on a writ of habeas corpus and ordered testimony taken by a referee. The hear­ ings which have occupied a large part of the year still continue. If the Supreme Court refuses to free Mooney, as seems likely, appeal will again be taken to the U. S. Supreme Court. In North Dakota, the Supreme Court sustained the convictions of fifteen strike pickets for riot on the ground of intimidation of [ 12 ] How GOES THE BILL OF RIGHTS?

strike-breakers by mere language, and on speculation that only police intervention had prevented a riot. The Union aided in the appeal. The case of Angelo Herndon, convicted at Atlanta, Ga., for "in­ citement to insurrection," which had been refused review by the U. S. Supreme Court, was again taken into the courts of Georgia on an application for a writ of habeas corpus. The lower court held the statute unconstitutional and set aside the conviction.. Appeal was taken by the state to the Georgia Supreme Court, where a unanimous decision upholding the statute was rendered in June. Appeal will be taken to the U. S. Supreme Court. In Massachusetts, the Supreme Court has before it a case in­ volving the right of school boards to expel children who on con­ scientious grounds refuse to salute the flag, and a case testing the 1935 labor injunction law.

Laws In Congress (to the clo.fe of the .fession in June) HEN Congress adjourned late in August, 1935, the net result W of the srongest drive in years for gag legislation was a novel amendment to the District of Columbia appropriations bill under which no salary shall be paid to any teacher or other school employee "teaching or advocating Communism." This rider had been at­ tach~d to the bill in conference and could not be voted upon sep­ arately. It at once created controversy, for it was a provision with­ out precedent. The Board of Education referred it to the Corpora­ tion Counsel for an opinion. He held that teaching or advocating meant favoring, not explaining, and the school board therefore con­ tinued to permit teachers to explain Communism. Strong protests by the Hearst press and patriotic societies induced the Controller General of the United States, who controls salary payments, to take the view that Communism could not even be explained. He has since required that all school employees take an oath to that effect every two weeks on getting their pay-checks. A bi~l to modify the provision and one to repeal it outright were introduced in Congress. The House Committee on the District of [ 13 ] How GOES THE BILL OF RIGHTS?

Columbia after lengthy hearings reported the bill for repeal. A similar bill was introduced in the Senate where it was also reported favorably. Neither bill came to a vote. The so-called military disaffection bill, introduced by Senator Tydings and Rep. McCormack of Massachusetts, had hard sledding, although favorably reported by a House committee after passage in the Senate. Secretary of War Dern publicly disavowed suPPOrt of the bill. Senator Tydings thereupon withdrew his support. Even House sponsors became lukewarm, although strong pressure was brought to bear by patriotic organizations to bring the bill to a vote. A movement to recall the bill to the Senate failed to get sufficient backing to put it through. The bill to punish advocacies of the "overthrow of the govern­ ment by force and violence," known as the Kramer sedition bill, reported favorably in the House, was strongly opposed and did not come to vote. The campaign against these gag measures aroused unusual news­ paper support throughout the country. Thousands of petitions and pamphlets were distributed by the Civil Liberties .Union and hun­ dreds of resolutions were adopted by organizations. Other repressive measures did not get far. The Post Office De­ partment's bill to permit prosecutions for sending obscene or sedi­ tious matter through the mails at the place of receipt as well as the place of mailing did not even come to a hearing. The Union pre­ pared and distributed widely a brief against the bill by attorneys Morris L. Ernst and Alexander Lindey. Another bill extending the power of exclusion from the mails to cover all information as to where foreign divorces might be secured, intended to reach the Mexican divorce business, would have prevented any lawyer from so advising a client, even privately by letter. The bill was amended to cover only the solicitation of business in securing foreign divorces and although backed by the American Bar Association failed to pass. The Union continued to oppose this unwarranted use of the power of exclusion from the mails. Although many. bills were introduced to extend the grounds of deportation of alien radicals, only one came to vote, passing the House. The Union supported the Department of Labor's bill for liberalizing somewhat the stringent immigration laws, although the [ 14] How GOES THE BILL OF RIGHTS? bill did noJ cover aliens charged with political offenses. But the principle. .6f administrative discretion in hardship cases of aliens with Ainerican wives and children, together with other liberal fea­ tures, seemed important enough to warrant support, despite the bill's restricted application and a few objectionable features. The bill failed. Most significant of all measures affecting civil liberties was' a resolution introduced by Senator LaFollette of Wisconsin provid­ ing for a sweeping Senate investigation of violations of civil li~ erty and of collective bargaining throughout the country. Heari~gs were held by a Senate sub-committee at which voluminous testimony was presented showing the necessity for a thorough public exposure of the violations of the rights of labor and of minorities, both by organized private violence and by lawless officials. The resolution, which was prompted largely by pressure from religious agencies, was passed unanimously by the Senate with a $15,000 appropriation. The Union was active in its support. Congress also passed a bill for an up-to-date form of government for the Virgin Islands, long under an old Danish code of law. The Union supported it, although the law does not grant to the Islands as large a measure of self-government as the Union advocated. The Union also supported a bill extending to Oklahoma Indians the provisions for tribal organization and control of land already apply­ ing to Indians elsewhere. The bill passed in restricted form. Other bills which the Union sponsored made little progress-a set of proposals for uncensored discussion of public issues on the radio; requiring jury trials for all matter excluded from the mails; and re-establishing the American right of political asylum for refu­ gees from foreign tyrannies. The Union also supported bills spon­ sored by other agencies-to authorize federal prosecution of lynch­ ers; to make military training in land-grant colleges optional; to admit alien pacifists to citizenship; to replace naval rule in Samoa by civil government, and to prohibit the interstate transportation of strike-breakers. All the bills which the Union backed will be reintroduced in tile next Congress, and a determined effort made to secure their passage. The Union has been obliged to maintain in Washington during most of the session an office with a secretary, Elizabeth P. Higgins, [ 15 ] How GOES THE BILL OF RIGHTS?

to follow legislation. The part-time services of attorney Frederick A. Ballard as legislative counsel were also necessary. Indispensable. volunteer service was rendered by Gardner Jackson, vice-chairman of the local committee. The committee was reorganized to back up more effectively both the legislative campaign and the work with departments. In the States IN the few state legislatures which were still in session after June 1935 three bills affecting civil liberty were passed. Massachusetts adopted against great public opposition a teachers' compulsory loy­ alty oath law, and also at last a labor injunction law. In Massachusetts the forces opposed to the teachers' loyalty oath at once organized to bring about repeal. In the 1936 session of the legislature they presented' a strong and united front which how­ ever was unable to make headway against "patriotic" appeals. The legislature refused to repeal the law by practically the same vote by which it was passed. In Alabama a state sedition law backed by the American Legion. and by manufacturers' associations was vetoed by Governor Bibb Graves. However, his veto was found to have come two days too late. The law took effect automatically. The newspapers of Ala­ bama practically unanimously condemned it on the ground that it was unnecessary and dangerous in its loose language. The Governor thereupon demanded and secured repeal by the same legislature-­ the only successful repeal move in the history of sedition and crim­ inal syndicalism laws. In California the 1935 legislature enacted an amendment to a law concerning the use of public school buildings by citizens' asso­ ciations, prohibiting their use by any organization "advocating the .overthrow of the government by force and violence." The amend­ ment was of course aimed at Communists, but grew out of a court .test at San Diego in which the Board of Education had refused the American Civil Liberties Union permission to hold meetings in school buildings.

In 1936 only nine state legislatures met. Issues of civil liberty arose only in four-New York, Massachusetts, Rhode Island and [ 16] Limiting Labor Injunctions and Abolishing "Yellow-Dog" Contracts

• Limitin~ inju.nctions, providing jury trials for contempt of court. and a.uolishing "ye now-do~" contracts.(14)

~ Lim iting injunctions, but not a.llOlishing "yellow-doS" contracts. (1) 11m A\rolishine "liellow-dog" contracts. (5)

NOTE: Louisiana passed a general labor injunction law in 1934; and Rhode Island limited issuance of injunctions, but without jury trial, in 1936. How GOES THE BILL. OF RIGHTS?

New Jersey. In New York the most damage to civil liberty was done by the passage in the closing hour of a joint resolution inspired by t~e Hearst press, for an investigation of "subversive activities" in the public schools. An innocuous bill to require display of the American flag in school assembly-rooms was passed, but bills re­ quiring flag display in every school room and in all public assem­ blages of fifteen persons or more, both promoted by the Hearst press-and flag manufacturers-were defeated. (For a full report on New York State legislation, see page 63.) In Massachusetts a bill for more severe censorship of the theatre in Boston was defeated, but a bill to liberalize that censorship passed, requiring hearings before a play is banned. In Rhode Island an effective labor injunction bill passed by the House was emascu­ lated in the Senate to include only a provision for courts to hear' both sides before issuing injunctions. In New Jersey a labor in­ junction bill after passing the House was sidetracked in the Senate under pressure of business interests.

Labor's Rights THE strike wave which reached a peak in 1934-35 declined sharply during the year, with no Widespread national strike nor any local strike comparable with the 1934 general strike in San Francisco. Wherever trade-union organization was attempted in new indus­ tries, however, employers resorted to their usual tactics of force and violence. Where private gunmen and local police forces were unable to suppress strikes, state troops were called in. Troops in industrial strikes were called out 19 times as against 24 in 1934, both higher records than in any previous year since the war. Conspicuous in the incidents of military force was the declara­ tion of manial law at Terre Haute, Ind. by Governor McNutt, who sent in troops to police a strike at the Columbian Enameling and Stamping Company in the summer of 1935. Although the troops were shortly withdrawn, martial law continued for months under the direction of a military officer. The Civil Liberties Union joined in a suit backed by the Central Labor Union of Terre Haute to test the declaration of martial law. Proceedings were dropped, however, when the Central Labor Union declined to go on after making a deal with the Governor. Martial law was finally lifted [ 18 ] How GOES THE BILL OF RIGHTS? in February, not only in Terre Haute, but in Sullivan county, a coal­ mining district, where it had been nominally in effect for several years. Troops called out in the northwest lumber strike rode rough­ shod over the rights of strikers, particularly in Tacoma. Efforts by the Seattle Civil Liberties Committee, as reported on; page 69, succeeded in modifying slightly military violence. A state of virtual terror still continues in Harlan County, Ky. where coal operators refuse to tolerate unionism. Conditions in the county were roundly scored in a report to the governor by Ad­ jutant General Henry H. Denhardt. Even troops sent in to restore a semblance of civil rights were unable to achieve results. In Min­ neapolis Governor Olson called out troops to prevent disorder when the Strutwear Knitting Co. attempted to open its plant with non­ union labor. The troops were hastily recalled when the company went into the federal courts for an injunction against interference with the company's business. The injunction was granted, with a decision which underscores again the partiality of the courts to property rights. Attempts to enjoin the use of troops against strikers have always failed. In Gallup, N. M., coal-mining town where a sheriff and two miners were killed in a riot in 1935, a state of terrorism continued, making organization of the miners impossible. The United Mine Workers however have succeeded at last in securing open meetings and in resuming organization. Of ten miners tried for merely being present in the crowd when the sheriff was killed, three were con­ victed at Aztec, N. M. and sentenced to prison terms of 45 to 60 years. An appeal is being taken under the direction of the Gallup Defense Committee. As an aftermath of the trial, twenty-four persons were cited for contempt for signing resolutions and peti­ tions, some of which were sent to the trial judge, demanding the freedom of the prisoners and condemning the prosecution. The Civil Liberties Union has engaged Edward D. Tittmann, a member of its national committee, to defend the charges, on the ground that mere signers of resolutions should not be penalized. While the Union does not support the defense of persons cited for at­ tempting to influence judges or juries, these proceedings involved persons who did not send communications, as well as resolutions which did not seek to influence the court. [ 19] How GOES THE BILL OF RIGHTS?

Another strike "riot" in which strikers were killed took place in Eureka, Cal. in June, 1935 when police and private gunmen at­ tacked a picket line in front of the Eureka Lumber Mill, killing three pickets and wounding eight. About 150 workers were ar­ rested, and 85 charged with riot. Homes were raided, soup kitchens closed and permits for meeting places revoked. The cases were defended by attorneys for the Civil Liberties Union, the Interna­ tional Labor Defense and the local Central Labor Union. All of the charges were either dismissed or the defendants were acquitted. In a strike of rubber workers in Akron, Ohio in the spring of 1936, threatened acts of violence by vigilantes in the service of em­ ployers prompted the Union to offer a reward of $1,000 for the arrest and final conviction of any person guilty of attacks on strikers engaged in lawful activities. The offer of reward had a salutary effect. The Union also sent in attorneys to help arrange the defense of strikers arrested for picketing. In Washington, N. J. where a strike of employees of Consumers Research attracted national attention, the Union aided by contribut­ ing to defense funds in contesting an injunction and charges not involving acts of violence. All the strikers were freed on appeal. The strike of sharecroppers and tenant farmers in Arkansas called in May by the Southern Tenant Farmers Union at once produced a reign of terrorism in the eastern counties, intensifying the long persecution of union leaders and members ever since the organiza­ tion of the union. The Civil Liberties Union at once offered a public reward of $1,000 for the arrest and final conviction of any person guilty of violent attack upon strikers, and helped organize legal defense. Okey Odell, leader of the Agricultural Workers Union strike of 1934 in Hardin County, Ohio, arid convicted on a charge of ';point­ ing a fire-arm," was finally committed to the local workhouse after losing his case on appeal. He escaped, and has only recently been returned. Another charge pending against him has been dismissed. Constant harassment of radicals and labor organizers marks the Birmingham industrial district. An extraordinary ordinance adopted several years· ago in Birmingham, Bessemer and other neighboring towns prohibits the possession of more than one copy of a radical publication, even though it may be legally sent through the mails. [ 20} How GOES THE BILL OF RIGHTS?

In a test case in Bessemer, the ordinance was declared unconstitu­ tional and since has been little used in the district. Accounts of other cases involving the rights of labor will be found in the reports of the California, St. Louis and New York committees. Scores of cases happen constantly all over the country involving police interference with picketing, attacks by company detectives and strike-breakers on strikers, comparatively few of which come to the attention of the Civil Liberties Union. On the whole, while attacks on labor's rights continue in precisely the same forms, the let-up in labor organization in the last year lessened their volume. The new drive for organization among the steel, rubber and automobile workers will doubtless bring an in­ creasing wave of repression. Testimony before the Senate sub­ committee hearing arguments for the passage of the LaFollette reso­ lution to investigate violations of civil liberty and collective bar­ gaining all over the country clearly exposed the evils to be com­ bated. The chief evils are the industrial spy system and official and private violence inspired by employers.

Sedition IN sharp contrast to the preceding year, no new prosecutions were brought under criminal anarchy, criminal syndicalism or sedition laws anywhere in the United States. In Georgia, under what is in effect a sedition law, the "incitement to insurrection" statute, eighteen persons were arrested in May at a meeting of black and white workers. The Civil Liberties Union has offered to aid the International Labor Defense in combating the prosecutions, which will probably not go to trial until the case of Angelo Herndon in the Georgia court is finally disposed of. Eighteen more persons are held in Atlanta on the same charges, all connected with Com­ munist or left-wing organizations. Of the cases from previous years in the courts, eight Communists convicted at Sacramento, Cal. stand out. While they are serving ~entences, their cases are being appealed. Sentences have been fixed by the parole board at periods varying from one and one-half to five years. One prisoner, Norman Mini, has been released on parole, arid one other is free o"n bail. [ 21 ] How GOES THE BILL OF RIGHTS?

In Oregon, the Supreme Court voided the conviction of one man, Kyle Pugh, and sustained the conviction of Dirk Dejonge and Ed­ ward Denny. Appeal has been taken to the U. S. Supreme Court in Dejonge's case. Four others await trial. In the case of Kyle Pugh, a brief as amicus curiae was filed by the Civil Liberities Union. In Arkansas, Ward Rodgers, Socialist organizer, convicted under the criminal anarchy act, was freed when the prosecution dropped the case on appeal. A similar prosecution against Horace Bryan of Oommonwealth College at Fort Smith for activity in behalf of the unemployed was also dropped. Cases brought in 1934 in Kelso, Wash. and Sioux City, Iowa were not brought to trial and have apparently been dropped. In Michigan, where the State Supreme Court a year ago had sustained the anti-red flag law but had ordered new trials, the prosecution dropped the charges against two men responsible for a children's summer camp where the red flag was displayed. An extraordinary proceeding under the criminal anarchy law took place in New York City when the district attorney's office be­ gan investigating charges against the Daily Worker, Communist publication. Vigorous protests from the Civil Liberties Union and others apparently caused the district attorney's office to desist. One old case from war days popped up when Joseph V. Stilson, convicted in Philadelphia under the espionage act for publishing anti-war material and who jumped bail, was arrested. He is serving an eighteen-month sentence in a federal prison. The Civil Liberties Union has joined others in backing his application for pardon.

Political Prisoners THE number of prisoners serving sentences of a year or more essentially for their political or labor activities not involving acts of violence, is less than in many years. Only one person whose con­ viction can be so classified was added to the list during the year. All the others date back to previous years. Some of them do not strictly come within the group, and are included only because their beliefs or race play a conspicuous part in their imprisonment. They are: 1. Tom Mooney and Warren K. Billings of California, serving the twentieth year of life sentences. 2. Ray Becker, last of the Centralia men in the State of Wash- [ 22 ] How GOES THE BILL OF RIGHTS? ington, who refuses a parole and whom the Governor refuses to pardon. 3. Six defendants in the Sacramento criminal syndicalism cases in California, whose convictions are on appeal. 4. The nine Scottsboro boys, held in prison in Alabama for trial. 5. Four miners serving life sentences in Kentucky as a result of a dash between union men and deputy sheriffs in Harlan County in 1931. 6. Two men serving sentences in Oregon for criminal syndicalism. 7. Three men serving sentences for being present in the Gallup, N. M. "riot," 1935. This classification of political prisoners is exclusive of a large number commonly classified as political prisoners by the Interna­ tional Labor Defense and other agencies, which include all working­ class prisoners convicted on any charges growing out of their labor activities. Sixty-five such prisoners are now listed as serving a year or more. The new political prisoner during the year was Charles Krumbein, New York organizer for the Communist Party, who was sentenced for using a fraudulent passport abroad. While that of course is not in itself a political offense, the fact that he was sentenced to eighteen months with four years' probation, a severe sentence for such an offense, indicated political prejudice. Krumbein was paroled in May. The Civil Liberties Union joined in urging both pardon and parole.

DEFENSE work for political prisoners has been greatly strength- ened in the last year by the formation of united front commit­ tees representing diverse agencies, previously often in conflict over de­ fense policies. The change in tactics was chiefly due to the new co­ operative attitude of Communist-controlled agencies. Chief among' these new defense agencies are the Scottsboro Defense Committee, representing eight organizations; the Joint Committee to Aid the Herndon Defense, representing seven; the Kentucky Miners De­ fense Committee, representing six; the National Defense Committee for the Southern Tenant Farmers Union, representing fourteen; and the Committee for the Defense of Civil Rights in Tampa, Fla., repre­ senting sixteen organizations, not for defense but to prosecute as- [ 23 ] How GOES THE BILL OF RIGHTS? sailants of three organizers of the "Modern Democrats," one of whom died from his injuries. The Civil Liberties Union is repre­ sented on all these committees. Other cooperative defense commit­ tees aid the Gallup, N. M. miners and textile workers framed up on a dynamite charge in Burlington, N. C. The defense of Tom Mooney and Warren K. Billings is handled now exclusively by the Mooney Molders Defense Committee, with offices in San Francisco. The Civil Liberties Union cooperates with the committee in raising funds for the costly hearings ordered by the Supreme Court of California. The Union's members and friends contributed over $3,154 transmitted to the Mooney com­ mittee. John F. Finerty, a member of the Union's national com­ mittee, volunteer counsel for Tom Mooney, has been in charge of presenting his case, with Frank P. Walsh of New York and Edward Davis of San Francisco. Efforts were made through friends in the State of Washington to get the governor to free Ray Becker, last of the Centralia prisoners, by commutation. The Parole Board and the governor have so far declined to act. Efforts by Becker's attorneys to get his case before the courts failed. In the defense of the nine Scottsboro boys, the new united front Scottsboro Defense Committee, formed in the fall of 1935, replaces the International Labor Defense and the American Scottsboro Com­ mittee, now disbapded. The Committee retained as counsel for the trial of Haywood Patterson in January, G. L. Watts of Hunts­ ville, Ala. and Samuel S. Liebowitz of New York, who jointly handled the defense. The Committee is prepared to back the de­ fense in the forthcoming trials, and has filed an appeal from Hay­ wood Patterson's sentence of 75 years. The Kentucky Miners Defense Committee succeeded, largely through the efforts of its secretary, Herbert Mahler, in effecting the release by pardon of three of the seven miners sentenced to life terms. Efforts are being continued to release the other four. The Joint Committee to Aid the Herndon Defense backed the proceedings in the Georgia courts to free him by writ of habeas corpus, and will back an appeal to the U. S. Supreme Court from the Georgia Supreme Court's adverse decision. [24 ] How GOES THE BILL OF RIGHTS?

K. Y. Hendricks, the only one of the Gastonia, N. c., 1929 textile strike defendants who was apprehended, was released on parole after serving about half of his five-year sentence. Eight unemployed demonstrators convicted in Oklahoma City in 1935 on a charge of conspiracy to seize federal supplies were freed on parole from Leavenworth. Petitions for their complete pardon have been submitted to the President. Prosecutions for conspiracy to obstruct justice, brought against a number of their sympathizers for sending postal cards to judge and prosecutor de­ manding their freedom, were finally dropped when the defendants came into court pleading nolo contendere. The Union is aiding in presenting to the Pennsylvania Board of Pardons the cases of three members of the Young Communist League convicted at McKeesport, Pa. in 1934 for inciting to riot in attempting to hold a meeting prohibited by the police. The de­ fendants are free on bail while their appeals are pending. Four Communist demonstrators who had been convicted in Mil­ waukee in 1933 on a charge of riot growing out of an anti-Nazi demonstration against the German ambassador lost when their cases were appealed to the Supreme Court. They served sentences up to six months. The Civil Liberties Union and other agencies en­ deavored without success to get pardons from Governor LaFollette.

Unemployed

TREATMENT of unemployed demonstrators was markedly better during the year, although the right of the unemployed to organ­ ize and protest is by no means generally accepted. Far less tension marks relations between the authorities and the unemployed than in the early years of the relief administration. An order by Harry Hopkins, federal relief administrator, in the spring of 1936, affirm­ ing the right of the unemployed to organize and to present their grievances, has doubtless had a salutary effect all over the country. Police however are still pretty generally posted at relief stations in the larger cities to maintain "law and order." The most conspicuous conflict between relief officials and un­ employed demonstrators or relief workers marked the administra- [ 25 ] How GOES THE BILL OF RIGHTS? tion of relief in New York City, as described in detail in the report of the New York City Civil Liberties Committee on page 55.

Only two prosecutions involving activity on behalf of the unem­ ployed came to the Union's notice--one against J. Harvey Renfrew and others at Morganfield, Ky., arrested on charges of "banding and confederating" in the summer of 1935. The Union secured an attorney to represent. them on trial. The indictments were filed. Efforts are being made to have them finally dismissed. At Roanoke, Va. an organizer for the unemployed from Richmond, watching the trial of two workers, was seized in the courtroom and convicted of vagrancy without being given an opportunity to defend himself. He received a suspended sentence of six months.

At Fort Smith, Ark. two men arrested early in 1935 for aiding unemployed demonstrators, were freed of charges, Horace Bryan on criminal anarchy and Rev. Claude Williams on "barratry." A damage suit for unlawful arrest was subsequently filed against Chief of Police Mike Gordon of Fort Smith by Horace Bryan, backed by the Civil Liberties Union. It is pending.

An unemployed leader in ~acine, Wis., Sam Herman, a Com­ munist, who had been prosecuted for criminal libel a year before when he charged that the police were implicated in his kidnapping, lost when he appealed to the Supreme Court of Wisconsin. His six months' sentence was cut by Governor Philip LaFollette to three months, but a pardon was denied. What were in effect moves aimed at the unemployed were the extraordinary border patrols established in Southern California and Colorado for brief periods. Chief of Police Davis .of Los Angeles sent his men miles from the city to stop all persons entering the state to determine their means of support.

In Colorado in the spring of 1936, the Governor stationed militia along the 380 mile southern border to prevent workers from coming into the state to take jobs in the sugar-beet fields. This proteaion of native labor was protested by the sugar-beet growers themselves, by the Oivil Liberties Union and others as a violation of civil rights, and was promptly withdrawn.. [ 26 ] How GOES THE BILL OF RIGHTS?

Assemblage LTHOUGH petty discrimination is constantly shown by public A officials all over the country against public meetings under radi­ cal auspices, few instances got into the courts. Indeed in contrast with preceding years the behavior of the authorities toward radical gath­ erings was mild. May Day 1936, passed off without a single case of interference with parades or demonstrations anywhere in the country. The national student strike against war on April 22nd in contrast with the preceding year saw no arrests and only one slight case of interference. . Meetings and demonstrations conducted by the American League Against War and Fascism have run into a few difficulties in getting halls or public meeting places. The Board of Education of Spring Valley, N. J., revoked a permit granted the League for use of the high school for a meeting addressed by Major General Smedley D. Butler. The Board of Education of New Haven, Conn. has refused the use of high schools for meetings under Communist Party or left-wing auspices, including that of the League. Accounts of other interference with meetings will be found in the reports of local committees. The Union intervened in one stubborn refusal of city authorities in Portland, Me. to permit the use of a city park for a defense meet­ ing in behalf of one Saderquist, held for deportation. The Union engaged a local attorney to bring suit against the city. The formali­ ties of getting up a petition to the City Council are being completed before suit is filed. The Chicago district has seen most difficulties with the right of assemblage. The police prohibited a parade in August, 1935 in behalf of Ethiopian independence and attacked those who attempted to start it. An account of the affair appears in the report of the Chicago Committee. The Chicago Park Board refused the use of Soldiers' Field for a mass meeting to be addressed by the Rev. Charles E. Coughlin of Detroit. The Chicago Civil Liberties Committee protested without result. Father Coughlin brought suit in the courts to compel the issuance of a permit. The Supreme Court of Illinois upheld the discretion of the Park Board to deny it. In San Diego, Cal., where last year the courts refused to interfere with denial by the school board of permits for meetings by the [ 27] How GOES THE BILL OF RIGHTS?

American Civil Liberties Union, a contemplated appeal to the higher court was abandoned because of the expense of the record of a long trial. Aliens EFFORTS to change the hard and fast laws for deportation of aliens holding "subversive" views were made in Congress, but without success. Rep. Marcantonio of New York introduced a bill, prepared by Prof. Walter Gellhorn of Columbia Univ. Law School at the instance of the Union, to reestablish the right of political asylum. The bill did not even get a hearing by what is known to be a hostile House committee.. The Union supported with some reser­ vations the Department of Labor's bill for discretion to suspend deportation in cases of unusual hardship. Although the bill did not apply to cases involving radical views, the precedent of granting any discretion at all to the Department of Labor was useful enough to warrant support, together with features liberalizing the law and a few somewhat tightening it. All of the many bills attempting to tighten up the already stringent deportation laws failed to get through Congress, despite strong pressure by patriotic organizations and the Hearst press. Most of the cases involving deportations for political opinion were handled by the American Committee for Protection of the Foreign Born with headquarters in New York City, which reor­ ganized its forces and conducted a vigorous piece of work to resist attempted deportations for opinions and beliefs. The Union aided actively in a number of cases, among them those of Dominic Sallitto and Vincent Ferrero of San Francisco, alleged anarchists, who contested their deportation orders in the courts, still pending; Walter Baer of Portland, Ore., an engineer and a Republican, whose case involving an old criminal offense, is also in the federal courts; Emil Gardos, Hungarian Communist editor whose case may be used to test previous rulings that mere membership in the Communist Party is a deportable offense; and Patrick Brennan of Wilkes-Barre, Pa., charged with illegal entry. The Union published a pamphlet for attorneys handling depor­ tation cases with detailed suggestions as to procedure, prepared by Carol King. The Committee for Protection of the Foreign Born issued a booklet on deportations, which for the first time compre- [ 28 J How GOES THE BILL OF RIGHTS?

hensively covers government policy, history and the law, in the light of pending cases and legislation. The Department of Labor followed a middle-of-the-road policy in dealing with aliens, caught between the pressures on the one hand of the Hearst press, "patriotic" agencies, the American Fed­ eration of Labor and the anti-alien majority in Congress, and on the other, pro-alien agencies, strong liberal sentiment and the re­ sistance put up in contesting every political deportation. Only a few aliens were actually deported for opinions. In all cases where aliens were ordered deported to Fascist countries where they would face imprisonment or death, the Department offered the choice of voluntary departure to some safe country. This choice, however, becomes increasingly d.ifficult to exercise because so few countries will admit deported aliens. It is even difficult to obtain their ad­ mission to the Soviet Union. No alien, however, has actually been deported to a Fascist country, although a dozen cases are pending in which that fate is threatened. No issue arose of the exclusion of any alien because of political opinions, although a number reported inability to get visas from American consuls abroad apparently on the ground of political views and activities. Only one case involving denial of naturaliza­ tion because of opinion came up-that of Rebecca Shelley in Michi­ gan, for refusal to promise to bear arms or take part in war. Miss Shelley lost her American citizenship by marriage to a German. Although the Department recommended naturalization without rais­ ing the question of her anti-war views, the court declined to follow the recommendation.

Mob Violence and Lynching VIGILANTES who participated in breaking up so many strikes in 1934-35 operated in only a few scattered instances the past year-in California, Arkansas and Florida. At Santa Rosa, Cal., in August 1935, several hundred vigilantes mobilized by the local Chamber of Commerce seized two labor organizers, Jack Green and Sol Nitzberg, tarred and feathered them and assaulted several others. The Civil Liberties Union at once offered a reward of $1,000 for the arrest and conviction of their assailants. Six members of the mob were identified through an [29 ] How GOES THE BILL OF RIGHTS? investigation made by the Northern California Branch of the Union. Damage suits were filed against them after county authorities re­ fused to press criminal prosecutions. Two of the men sued in turn brought suit against their victims for alleged assault! They dropped it before it came to trial. For further details see report of the North­ ern California Committee, page 65. A shocking case of mob violence took place in Tampa, Fla. in the fall of 1935 which revealed numerous beatings in that district by members of the KKK, dominant in local politics. Three mem­ bers of a progressive local organization known as the "Modern Democrats," aiding the unemployed and opposing the local political machine, were seized at a private meeting, taken to a police station, questioned and released into the hands of waiting police and Klan members who "took them for a ride." They were beaten and tarred and feathered, one so seriously that he died ten days later. At once the Oivil Liberties Union offered a reward of $1,000 for the arrest and final conviction of any person responsible for the outrage. Nor­ man Thomas and members of the Socialist Party promptly organized a Committee for the Defense of Civil Rights in Tampa, in which the Civil Liberties Union participated, to prosecute the policemen and Klan. One trial of seven men has already taken place, and although the defense endeavored to turn it into a red-baiting affair, five were convicted of kidnapping and assault. They have appealed. The Committee is organizing public opinion to back the further trials, and to root out official and Klan lawlessness. In the eastern counties of Arkansas where the Southern Tenam Farmers' Union has been organizing sharecroppers and tenant­ farmers, planters have organized continuing violence on leaders and members, breaking up meetings and conducting a virtual reign of terror. The Civil Liberties Union has underwritten the cost of re­ taining a lawyer to take suCh action as is possible in the courts, and has offered $1,000 reward for the arrest and final conviction of any person guilty of violent assault upon them. One incident was reported from Topeka, Kansas, in the spring of 1936 in which unsuccessful efforts were made to secure an in­ vestigation by the governor into the abduction and beating of one Max Salzman, an organizer for the Communist Party. No results were obtained, since identification of his assailants was impossible. [30 ] How GOES THE BILL OF RIGHTS?

But the most ominous evidence of organized mob violence during the year was the exposure in Michigan in May of a secret terrorist society, the Black Legion, which has apparently conducted in several stat€s a systematic campaign of terrorism and arson against racial, religious and political minorities. It reflects the spirit of the old . Ku Klux Klan and of the revived Ku Klux Klan in parts of the south. The Union organized a national committee of distinguished citizens to follow the investigations undertaken by Michigan state and county officials, and supported the resolution introduced in Congress for a federal investigation.

LYNCHINGS for 1935 increased from the low mark of 14 in 1934 to 24. In 1936 up to June 1st 8 more lynchings are reported, a total of 32,' against '19 for the same period a year ago. In all but three Negroes were the victims, and all but one took place in south­ ern states. Two white men lynched in 1936 were victims of the Black Legion in Michigan. The one white man lynched in 1935 was Clyde Johnson hanged at Yreka, Cal. in August. Johnson, charged with the murder of a neighboring chief of police, was taken out of the local jail by vigilantes. Although efforts were made by strong citizens' committees, the Northern California Branch 6f the Union and by state officials, none of the lynchers was apprehended. In the campaign for a federal bill against lynching, efforts were made without success to get a Senate investigation of the lynchings following the filibuster against it. Strong opposition by southern congressmen has prevented a vote on the bill, although enough Democrats in the House signed a petition to call a party caucus on it.

Negroes' Rights A LTHOUGH the National Association for the Advancement of Colored People deals with most of the cases involving Negroes' rights, the Union participated in some during the year. The New Jersey Committee aided in suits against New Brunswick theatres which violated the civil rights law by refusing accommodations to Negroes in orchestra seats. Suits are pending. The Cincinnati Branch undertook the defense of a Negro sentenced to death in Covington, Ky., for an alleged assg.ult upon a white woman. The trial was so [ 31 ] Legal Restrictions on Negroes' Rights

_ Denial of right to vote i to marr'l with whitesj segregation in schools and public conve~ances. B8mII All above restrictions ex.cept 1"i~ht to vote. ~ Intermarriage Ball; School Se~regation. (17 states) ~ Intermarriaie Ban. (27 states)

NOTE: In addition, segregation of Negroes in schools bly is required by law in most states with segrega­ is provided in a number of cities outside the states tion in public conveyances. marked. School boards are given discretionary power to segregate in Arizona, Indiana, Kansas, New Other laws in southern states make enticement of Jersey and Wyoming. Segregation in public convey­ Negroes from their employment a crime. Mississippi ances in Maryland is limited to steam trains. Segre­ penalizes advocacy of social equality between blacks gation in places of public entertainment and assem- and whites. How GOES THE BILL OF RIGHTS? full of irregularities that the case is being taken to the U. S. Supreme Court, with Alfred Bettman as counsel. When the American Library Association announced arrangements for segregation of its Negro members at the annual meeting in Rich­ mond, Va. in May, the Union protested both the selection of a southern city where such segregation is required by law as well as the humiliating conditions imposed on Negro members.

Censorship ONTROL by officials over the mails, distribution of literature, C the theatre and movies, and control of the radio by broadcasting companies, produced an unusual crop of issues during the last year, ' many of which got into the courts. Some real gains were chalked up in the fight against censorship against a few losses recorded. While the Post Office Department has not excluded from the mails any publication on the ground of obscenity or sedition, it acted against political stickers on envelopes, one reading "I Don't Read Hearst" gotten out by the "League Against YeUow JournaL­ ism" in San Francisco; the other a set of stickers lampooning the New Deal gotten out by the National Republican Council in New York. Arthur Garfield Hays, acting for the Union, took into the federal court in New York the ban on "1 Don't Read Hearst" stickers. The court declined to interfere, holding that the Post­ master-General must be sued in Washington, not in New York, and that the words "League Against Yellow Journalism" violate the law by reflecting upon Mr. Hearst. A new suit has been undertaken by the Union in the District of Columbia courts on a sticker omitting the words "League Against Yellow Journalism." When the National Republican Council's anti-Roosevelt stickers were barred from the mails by the Post Office Department, the Union at once offered its services to contest the action in the courts, The Council promptly declined the services, holding that the issue was only "a matter of principle," and the stickers could be used inside envelopes anyway.

KNOWN instances of censorship by radio station-owners were comparatively few. The National Broadcasting Company de­ dined to accept a program on the Mooney case, but later reversed [ 33 ] How GOES THE BILL OF RIGHTS? itself, agreeing to permit certain designated speakers to talk. When substitutions were attempted the program was cancelled. The Colum­ bia Broadcasting System for the first time permitted a Communist, Earl Browder, secretary of the party, to address a national audience. The weekly programs of the Town Hall of the Air, broadcast from New Yark by the National Broadcasting Company have been singu­ larly free from control and thoroughly representative of all political viewpoints. Two conspicuous instances of censorship by local stations oc­ curred. One is chargeable to the most powerful radio station in the country, WLW of Cincinnati, which was exposed in the summer of 1935 as having barred all references to strikes. Although the station denied such an order, documentary proof was produced by the Civil Liberties Union which was not contested by the station. A local station in Fargo, N. D., WDAY, cancelled a program by Waldo McNutt of the American League Against War and Fascism after protests by the head of the Americanism Commission of the Ameri­ can Legion. An exhaustive study of radio censorship in recent years, made by Minna Kassner, New York attorney, assisted by Lucien Zacharoff, was prepared for publication by the special radio committee of the American Civil Liberties Union. It will be used primarily to arouse interest in four federal bills extending freedom on the air, pre­ pared by the committee.

Few prosecutions of books or magazines on grounds of obscenity took place anywhere in the country. In New York, scene of most prosecutions, only one conviction was registered, carried over from the year before. The "Nudist" magazine, organ of a sun-loving cult, convicted of obscenity in a lower court, had carried its case to the Court of Appeals, and lost.

FEDERAL censorship of WPA theatre projects aroused an issue in New York when the local WPA director, Elmer Rice, resigned rather than submit to eliminating from a "living newspaper" refer­ ences to the heads of foreign governments. Harry Hopkins, head of the WPA, took the position that nothing likely to arouse criticism from foreign lands would be tolerated on the government-controlled [34 ] How GOES THE BILL OF RIGHTS? stage. No censorship of domestic issues has been exercised over WPA theatres. In New York a significant victory was won when the highest court of the state sustained the contention of our N ational C~)Uncil on Freedom from Censorship that the License Commissioner of New York City could not revoke a license on grounds of obscenity without a prior conviction in the courts. Although the Union was not of course interested in the Republic Burlesque Theatre which brought the suit, the principle of court trial before revocation prompted us to file a brief as amicus curiae through Morris L. Ernst, counsel. In Boston when the mayor banned before a single performance "The Children's Hour," successful New York production dealing delicately with lesbianism, the producer sued in the federal courts to restrain the mayor. The Union and the Massachusetts Committee aided the producer in financing and handling the suit. The courts denied relief but the public opposition to the mayor's action resulted in the passage by the legislature of an amendment to the censorship law under which no play can now be banned without a hearing before a board of three officials. "Tobacco Road," a play depicting the life of degenerate southern crackers, ran into difficulties ina number of cities. It was banned outright only in Chicago, after a run of several weeks, and in St. Paul. The Chicago mayor's action in closing the play was contested in the federal courts. The district court enjoined the mayor, but the Court of Appeals sustained him. The mayor's assumption of power prompted the formation by the Chicago Civil Liberties Committee of a Gouncil on Freedom from Censorship to tackle both theatre and the local motion picture censorship. Despite constant attempts, state or city censorship of motion pic­ tures has been extended in recent years in only one state, Louisiana under Huey Long. Only two cases under existing censorship laws enlisted the Union's aid-in New York and Ohio. In New York, a Hungarian film "Marie" banned by the censors was taken to the State Board of Regents by the distributor, with Arthur Garfield Hays as attorney. The board sustained its censors. In Ohio, a film burlesquing the New Deal, the "Amateur Fire Brigade," put out by the Sentinels of the Republic, was forbidden [ 35 ] How GOES THE BILL OF RIGHTS? showing by the censors. After intervention by the Ohio League for Constitutional Rights, acting at the instance of the Union, a number of cuts were made in the film which was then passed. The police censors of Detroit banned the showing of the Soviet films, the "Youth of Maxim" and "Peas\lnts." The Cinema Guild of Detroit took the "Youth of Maxim" into the courts and carried it to the state Supreme Court, where it is pending. Censorship by producers raised one issue of national interest when Metro-Goldwyn-Mayer refused to produce Sinclair Lewis' "It Can't Happen Here," allegedly under pressure from the motion picture distributors organization headed by Will Hays. The incident caused widespread protests over what were regarded as improper political influences on the industry. Several other films were allegedly emas­ culated or refused production on the ground that they would be offensive politically either to foreign countries or to powerful home interests.

Search and Seizure N unusual issue arose when it was revealed that a Senate Com­ A .mittee investigating lobbying activities had issued blanket sub­ poenas for copies of all telegrams in the possession of telegraph companies sent or received by many corporations and individuals over 2. considerable period of time. The blanket subpoenas had been is­ sued and the telegrams examined without notice to the senders or re­ cipients, and without thus affording them any opportunity to contest the Senate Committee's action in the courts. The justification set forth by the Senate Committee was that numerous telegrams had been forged or burned and that subpoenas directed to, the senders or recipients would not therefore produce the evidence. The Union joined in the protest against this procedure which, in the judgment of its attorneys, was violative of the search and seizure provision qf the Bill of Rights and wrote the Senate Committee saymg: "The procedure of your committee is on a par with the tapping of telephone wires of private citizens. Such practices, however com­ mendable the object involved, necessarily strike at the foundations of American liberty. [ 36] Laws Establishing Religion in Public Schools-

UTAH

ARIZ.

c::J Bible l"eo.dlng prohIbited. (11) t·:-;,::I lo.ws silent on Btl"le reading. (12) ~ Bllrle l"eading optionaL (6) ~ Bilrle 1"eadin~ speciflca.lly pel'mitted ,,~ sto.tutes.(1) _ Bllrle ...ea.d.in~ requll"ed. by Gta..tutes.(12) IEV...... ! Teo.chlng of evolution pl'ohilrited, o.S, cO!'tra1"'i to the Bible. (3) NOTE: Bilrle l"ea.din~ Is compul$o1"~ 0'1 l'ule of #Ie Distriet of CoIumlria. Board of Educa-tlon a.dopledln 1866. In one state, North Dakota., a.la.w of 192'7 requires the postln~ of the Ten Commandments in 0.1\ eehool-l"oome. In New Yo..k Cit~1 Biltle ,.eadin~ is permitted lJ~ cha.l'ter provision. How GOES THE BILL OF RIGHTS t

"Once a precedent like this gets established, there is no limit to any means taken by a governmental agency to get information. It justifies blanket subpoenas. It justifies wire-tapping. It justifies any kind of unreasonable 'search and seizure.' " Sharp criticism was made by many members of the Union, by news­ papers and others of the Union's "lining up with" the Liberty League, Hearst and other. reactionaries. The Union replied that the Committee's procedure, if directed against liberal agencies, would be vigorously condemned by the very people who defended it.

Freedom in Schools and Colleges SCHOOLS and colleges continue to sustain attack by professional patriots as hotbeds of radicalism, despite an utter lack of evi­ dence. The drive on the schools chiefly took the form of demands for patriotic conformity by teachers' loyalty oath laws and compulsory flag-saluting by children. Massachusetts in the summer of 1935 adopted laws for both, against the almost unanimous opposition of the teaching fraternity and organized labor. A campaign to repeal the teachers' loyalty oath law failed. National attention was drawn to a unique issue in the District of Columbia where Congress provided in 1935 that salaries shall be withheld from teachers or others "advocating or teaching Com­ munism." The Board of Education got an opinion from the cor­ poration counsel that this did not prohibit explaining it. But the Controller General of the United States, who controls the payment of salaries, was induced by pressure of the Hearst press and patriotic societies to hold that Communism should not even be mentioned. He requires of all school employees, even janitors, an oath to that effect every two weeks when they draw their pay. Repeal bills were reported favorably by the House District Committee and the Senate Edu­ cation Gommittee. They, however, failed to come to vote. This so-called "red rider" on the appropriations bill was condemned by teachers' organizations all over the country, and repeal was sup­ ported even by conservatives. The printed report of the hearings in Congress makes highly significant reading as to the pressures bearing down upon freedom in education. In the last hours of the New York legislature of 1936 a resolution was jammed through for a sweeping state-wide investigation of [38 ] How GOES THE BILL OF RIGHTS? radicalism in the schools. Inspired by the Hearst press, it proceeds on the theory that the schools are widely infected with the radical virus and need a purge. The Corrunittee on Academic Freedom of the Civil Liberties Union has appointed a special corrunittee to fol­ low the investigation closely in order to protect teachers and students alike. But the most widespread issue of freedom in the schools arose from the enforcement of the flag-saluting laws or regulations in a dozen states. Children belonging to a religious sect, Jehovah's Wit­ nesses, uniformly refused to salute the flag and were as uniformly expelled. Over 120 children have now been expelled in nine states. Jehovah's Witnesses have been obligated under the compulsory edu­ cation laws to set up private schools for them. Even these private schools have been threatened with closing if the children do not salute the flag in violation of religious conscience. The Union's lawyers, together with attorneys for Jehovah's Witnesses, have taken cases into the courts in five states. In Massachusetts the case of one eight-year-old boy expelled in Lynn has been taken to the Supreme Court, where it was argued in November. On the outcome of that case depends the action to be taken in the most extraordinary incident in the country, in Belchertown, Mass., where three children were ordered taken from their parents and sent to a county training school solely for refusal to salute the flag. The Civil Liberties Union is handling their appeal. In New Jersey, A. J. Isserman, our attorney, took cases of children in Secaucus to the State Gommissioner of Education on the constitu­ tionality of the law, on which he declined to pass.' Appeal has been taken to the State Board of Education and will eventually doubtless go to the courts. One of these or other cases seems eventually bound for the U. S. Supreme Court on the issue of religious liberty. Disciplinary action against teachers or students for their views has been infrequent. The Union handled cases involving four stu­ dents expelled from the University of Michigan allegedly for re­ fusing to obey regulations, but in reality for their activities as mem­ bers of the National Student League. The Union entered suit in the courts for their reinstatement and secured a promise of read­ mission from the university if they agreed to abide by regulations. None of the students has yet returned. [39 ] How GOES THE BILL OF RIGHTS?

In New Jersey the Committee on Academic Freedom followed closely the hearing in the case of Leinhard Bergel, dismissed from the New Jersey College for Women, a department of Rutgers Uni­ versity, allegedly for incompetency, but, as the hearings proved to the Committee's satisfaction, for anti-Nazi views in conflict with the Nazi prejudices of the head of his department. Trouble continued at the University of Pittsburgh, where denial of academic freedom by Chancellor Bowman was condemned by a special legislative committee, as it had been by the American Asso­ ciation of University Professors. ' The Regents of the University of Wisconsin stood out manfully for academic freedom in condemning a report made by the investi­ gating committee of the State Senate which had charged "Com­ munism" in the University.

A year's campaign to get the trustees of Connecticut State College to rescind a unique rule forbidding the discussion of military train­ ing on the campus was finally successful. Students and assistants dismissed from the Columbia Medical Centre in the spring of 1935 who had contemplated suits for rein­ statement, dropped them when they entered other institutions. Other instances covering freedom in schools and colleges will be found in the reports of local committees.

Compulsory military traInIng in schools and colleges continued to raise issues in many parts of the country, but without getting into the courts. The efforts of opponents of military training was cen­ tered upon a bill in Congress to make training in land-grant colleges optional instead of compulsory. Our Cbmmittee on Academic Freedom joined with other agencies in forming the National Advisory Council on Education Freedom, composed of representatives from the National Education Associa­ tion, the American Federation of Teachers, the National Council on Religion in Higher Education, the Phi Beta Kappa and the Pro­ gressive Education Association. [40 } Compulsory Patriotism in the Schools

N.H. E 1'126 MASS. ELMO FLIU5 RJ. EF IU11./f11 CONN. 11'118 N.J.1l'1~ E I~03 F/U2 1.11$5 DEI.. EF 1'125 MD. EF Iql8

~ States Requiring Peltriotic Instruction with Date of Enactment. (27) ~ $til.tes Requll'inQ Genel"o.\ Pcltl'iotic Exercises with Date of Enactment. (17) IIIIlEIIIII States Requiring Flae Exel'cises with Delte of Enactment. (18)· ~ States Re'luirln~ Special Oaths of L0'lalt~ from Teachers with Da.te of Enactment. (21) * In Geol'eio. a pledge <:if o.\legio.nee is reqUired to state fl(l~ onl'l. NOTE: Of the 18 states requiring flag exercises, only 13 make salute compulsory. How GOES THE BILL OF RIGHTS?

Professional Patriots THE drive of reactionary interests on all progressive forces, lumped together as Communist, has continued unabated. The Hearst press has led the attack, pushing the program of the Amer­ ican Legion, the Daughters of the American Revolution, the Cham­ ber of Commerce of the United States, the Order of the Elks and a host of minor red-baiting agencies, profiting by the fears of the propertied classes. Their chief efforts were directed to the passage of bills in Con­ gress to strengthen the deportation laws against alien radicals, to penalize the "advocacy of the overthrow of the government by force and violence" and to make criminal any utterance or publication which might induce soldiers or sailors to disobey orders. Their efforts failed to produce results, but they succeed in maintaining a widespread public opinion fearful or suspicious of any movement or person labeled "Communist." The Union, a favorite target of attack by these psuedo-patriots, distributed widely a pamphlet "Who's Un-American," an answer to the false charges so frequently made, characterizing the philoso­ phy and motives of this repressive propaganda. The Union has also undertaken a thorough investigation of the professional patri­ otic agencies, for use shortly in book form.

American Indians THE exclusion of Oklahoma Indians from the benefits of the Wheeler-Howard bill two years ago permitting Indians to main­ tain tribal organization and control of their lands, prompted the Union to support a bill in Congress applicable to Oklahoma alone. The bill, backed by the Interior Department and the Senate and House Indian Committees, passed in amended form. The bill was bitterly attacked during its passage by the so-called American Indian Federation, which has the ear of the Hearst press, on the ground that it was a scheme of the American Civil Liberties Union to turn Indians over to agents of Moscow for the purpose of communizing them. The attacks received widespread publicity, but had no effect on the legislation. The Union's Committee on Indian Civil Rights called a confer­ ence in Washington on Jan. 19th of all agencies interested in Indians [42 ] How GOES THE BILL OF RIGHTS? to organize corp.mon action in support of the Oklahoma bill and other Indian legislation, and to discuss the working of the present laws. The Union with other agencies protested to the Commissioner of Indian Affairs a so-called gag order issued two years ago restricting the right of criticism of government policy by employees of the In­ dian Bureau. The Commissioner was urged to so modify the order as to protect discussion and criticism withiQ proper official channels. No action has yet been taken.

Colonies I N all four of the colonial islands controlled by the United States, issues involving civil rights arose-the Philippines, Puerto Rico, the Virgin Islands and Samoa. Before the new Commonwealth government in the Philippines took office in the fall of 1935, the Union cabled Governor General Frank Murphy urging an amnesty for the many natives convicted under the stringent Philippine sedition law merely for political or industrial activities. The Governor General responded by agreeing to review the sentences of several hundred men and women. He did so, releasing 73 not charged with acts of violence. Later, when the Philippine legislature passed a sweeping compulsory military training law, largely under the influence of United States Chief of Staff General Douglas MacArthur, the Union questioned the legality of several sections under Philippine constitutional provisions. At­ torneys are studying it with a view to a court test. The Union's attorneys also aided in an unsuccessful attempt in the Philippines to take to the U. S. Supreme Court cases involving the Philippine labor law. Strong nationalist sentiment in Puerto Rico was responsible for disorders during the year, climaxed by the shooting at San Juan of the American police commissioner. The administration at Wash­ ington followed shortly with an offer of independence for the island, to be voted upon by popular referendum. In view of the threat of repressive measures in the island, the Union supported the move­ ment for a revision of the independence proposal, with the utmost freedom of participation by Puerto Ricans. Protests were made against political prosecutions, and against one conviction for con­ tempt on political grounds. [43 ] How GOES THE BILL OF RIGHTS?

The efforts for many years to replace the old Dani~h code of laws in the Virgin Islands by a modern form of government finally suc­ ceeded in Congress, with the passage of the Department of the Interior's bill, backed by the Civil Liberties Union and other agen­ cies, despite imperfections in denying large autonomy to the native population. The case of Leonard W. McIntosh, Virgin Islands clerk, victim of an unjust prosecution, was carried on appeal by Morris L. Ernst acting for the Union, to the Court of Appeals at Philadelphia, which affirmed the conviction. While preparations were being made for appeal to the Supreme Court of the United States, the local judge in the islands ordered McIntosh in jail. He was saved only by a prompt pardon by the governor. Samoa, still under naval rule, was the object of some slight solici­ tude in Congress where bills were introduced providing a form of civil government anp considerable native autonomy. The Union supported the bills. They were not reached on the calendars of the House or Senate.

[44 ] How GOES THE BILL OF RIGHTS? .

Program of Activities MONG the scores of issues and cases put up to the Union, the A Board of Directors selected as a program of main activity the following points. Continuous work was carried on to realize the program. It still goes on. The results achieved during the year on these issues are indicated in the body of the report.

Freedom of Opinion 1. Opposition to all forms of gag legislation-federal, state or city-curtailing freedom of speech, press or assemblage; and par­ ticularly bills making criminal mere language or the display of flags and emblems, or restricting the right of minority parties to the ballot. 2. Campaign against the unprecedented array of laws and regu­ lations restricting freedom in education, both in schools and col­ leges; and particularly against compulsory oaths of loyalty for teachers, compulsory patriotic rituals by children and compulsory military training. 3. Changes in the immigration and deportation laws to end all restrictions merely because of political opinions; to admit and pro­ tect genuine political refugees; and in citizenship proceedings to remove tests of aliens' views not imposed on citizens. 4. Aid in campaigns for the t'elease of political prisoners, and against all prosecutions under sedition and criminal syndicalism laws. 5. Campaigns to open up all areas or cities where the rights to meet and organize are denied, and particularly to gain recognition for free speech by setting aside recognized public places for meetings.

Rights of Labor 6. Continuous defense of labor's rights to organize, strike and picket and to bargain collectively without interference; Oppos1t1on to legal recognition of company-controlled unions, to compulsory arbitration, and to martial law in strikes. Prosecution of vigilantes and other lawless elements attacking strikers' rights. 7. Defense of the right of the unemployed to organize, demon­ strate and petition without interference or penalties; maintaining the right of relief workers to organize and protest without penalty. [ 45 J How GOES THE BILL OF RIGHTS?

8. Campaign for state labor injunction laws modeled on the fed­ eral law and those adoptea by sixteen states.

Censorship 9. Greater freedom of the air by radio by setting aside time for public discussion free of station managers' control; by requiring equal facilities for all sides of controversial topics. 10. Change in the bureaucratic Post Office censorship by requir­ ing trial by jury for excluded matter, as now in effect in the Customs service concerning matter imported from abroad. 11. Opposition to any federal censorship of motion pictures; abo­ lition of the censorship boards in six states, leaving sale control of movies to public opinion and, in extreme cases, criminal prosecu­ tion; opposition on the same basis to censorship of books and plays.

Racial Minorities 12. Aid in the campaign against lynching; and in the struggle for Negroes' civil rights. 13. Extension to all American Indians of their rights to sel£­ government and tribal ownership of land. 14. Civil forms of government for American colonies to replace naval rule, with control by natives over all essential services.

[46 ] How GOES THE BILL OF RIGHTS?

Local Committees LL of the local committees continued their activities, varying A considerably in the amount of work done--some fortunately be­ cause of lack of local issues, others because of inability to raise the funds or enlist the services to conduct the work. Reports from those most active are given here. The work in Detroit has been consolidated with that of a large delegate body, the Michigan Conference for the Protection of Civil Rights, representing over 300 organizations in the state. The work in the south was strengthened by the formation of the Southern Committee for People's Rights, with headquarters at Chapel Hill, N. c., not however affiliated with the Union but coop­ erating with it. The committee got out a review of civil liberties in the south for 1934-35, which may be had free on application from the national office. Closer cooperation between the national office and the local com­ mittees was effected during the year by an agreement under which an exchange of dues is arranged so that members may pay both na­ tional and local dues with one payment, either to the national or a local office. Provision is also made for appealing disputed issues to the national office. Suggestions both as to the limitations of civil liberties work and cooperative undertakings with other organizations were made. A model set of by-laws was also suggested by the na­ tional office. Some local work was aided financially by the national office, as the financial report shows. Most of the local committees are able to raise their own funds, and the national office has aided only where necessary work could not be locally financed. In addition to the activities reported, most of the local committees have cooperated actively in the new united front defense committees for the Scottsboro boys and Angelo Herndon.

Chicago Ciyil Liberties Committee THE numerous issues in the Chicago area demanded constant work by the Chicago Civil Liberties Committee, with the services of 'a full-time secretary. Attorney James E. Curry, who had held that post, in mid-winter resigned to take another position and Ira Lati- [ 47 ] How GOES THE BILL OF RIGHTS? mer was appointed in his place. The Committee published in May, 1936 a printed report of its activities and present program, which may be obtained by anyone interested from 160 North LaSalle St. Among the chief problems confronting the Committee have been 1. The denial of the right of assembly by the police, by the park boards and by hall-owners. One of the chief instances of police discrimination was denial of a permit for a parade in August, 1935 in defense of Ethiopia on the extraordinary ground that such a dem­ onstration would be against a "friendly country." When more than 300 people who attempted to parade, despite the police order, were brutally attacked and arrested, the Committee offered to file damage suits. The Committee urged the Chicago park board to grant the use of Soldiers Field to Father Charles E. Coughlin and the Republican Constitutional Day Committee, and protested denials. The Com­ mittee also protested against the Chicago Board of Education's de­ nial of a public school auditorium to an organization because a pro­ posed speaker opposed school military training. The Committee also aided in getting the right of the Communist Party to rent the Coliseum. 2. Interference with sale of publications: An unusual ordinance prohibits the sale of all publications except Chicago daily news­ papers in the loop districts and on news-stands anywhere in the city. The Committee fought one of these ordinances which has been de­ clared unconstitutional. The city has appealed. 3. Raids on labor headquarters: In an effort allegedly to strike at labor racketeering, the state's attorney's office has in the last year or two conducted over fifty raids on the offices of bona-fide trade­ unions. The Committee has endeavored to get the consent of the Chicago Federation of Labor to publish its reports on these extraor­ dinary raids. The Federation has moved in court to enjoin the state's .attorney, so far without success. The Committee furnished counsel who filed damage suits against the City of Chicago, as a result of a police raid on a dance con­ ,. ·ducted by the Unemployment Council in which over a score of per­ :sons were arrested and beaten and furniture destroyed. The case is pending. [ 48 ] How GOES THE BILL OF RIGHTS?

4. The third degree: The Committee published a pamphlet on "The Third Degree in Chicago" by attorney Charles P. Schwartz, widely distributed. Conferences with the Commissioner of Police failed to get admissions of the practice. The Committee, however, handled several cases for victims, bringing suits for damages and false arrests. 5. Negroes' rights: The Committee aided in a number of cases in which the civil rights law was clearly violated or Negroes attacked or discriminated against. In those involving police brutality, the victims refused to bring complaints, making suits impossible. The Committee aided in the organization of the local Scottsboro Defense Committee. 6. Theatre censorship: The Mayor of Chicago stopped the play "Tobacco Road" after it had run several weeks, and prohibited "The Children's Hour." Court action failed. The Committee published protests and organized the Chicago Conference on Freedom from Censorship to deal not only with stage censorship. but the municipal motion picture censorship and discrimination on the radio. 7. In the Illinois legislature, the Committee actively supported a labor injunction bill and a bill to repeal the state sedition law. It actively opposed bills for the registration of aliens, for keeping minority parties off the ballot, for teachers' loyalty oaths and for restrictions on liberal colleges. None of the bills passed. Outside Chicago, the Committee aided in establishing the right of the Communist Party to hold meetings in Hammond and Gary, Ind., in obtaining a private hall for a Lincoln memorial meeting con­ ducted by the Communist Party in Springfield; and in preparing a test case of the Indiana law excluding radical parties from the ballot. The Committee also raised funds for. the defense of a Socialist or­ ganizer from Illinois prosecuted in Kentucky, and for the defense of organizers of the unemployed prosecuted at Hillsboro under the sedition law. The Committee participated in the national campaign on legislation in Congress. JESSIE F. BINFORD, Chairman Cincinnati Branch TWO major issues have concerned the committee during the year. The first was the dismissal of three staff members from the Gounty Welfare Department for. organizational activities. The [ 49 ] How GOES THE BILL OF RIGHTS?

Branch obtained the cooperation of a committee of five distinguished citizens who offered to serve as an impartial panel to review the reasons. for the dismissals. The second issue involves a death sentence against a young Negro in Covington, Ky., across the river from Cincinnati, convicted of a criminal attack upon a white woman. The record displays amaz­ ing irregularities, which prompted the organization of a committee of prominent Cincinnati people to back an appeal. The Branch and the National Association for the Advancement of Colored People are cooperating in doing so. The case is being taken to the U. S. Supreme Court, where it will be argued by Alfred Bettman. The Branch was also involved in a number of minor issues. The committee successfully protested against police interference with the sale of a pamphlet, "The Truth about Father Coughlin." Coun­ sel was furnished for employees of the Zoological Gardens who were on strike, in an effort to contest an injunction denying the right to picket. The picketing provision was not enforced. Attorneys were provided to members of the local American League Against War and Fascism arrested for demonstrating against a propaganda film, "The Red Salute." They were discharged. The Branch joined other groups in countering pressure upon the Board of Education to withdraw a permit to the local Communist Party for use of a high school auditorium for a Lincoln Memorial meet­ ing. The Board of Education stood by its permit and the meeting was held. The Branch also aided in the national campaign against the gag legislation in Congress. MARY D. BRITE, Secretary

Erie County, N. Y. Committee (Buffalo) THE local situation continues without marked change and few incidents. There have been some arrests of pickets. Cooperation with the International Labor Defense and in the formation of the Scottsboro Defense Committee has brought many contacts. The Committee has also aided in national legislative campaigns. Early in October 1935, four unemployed men on work relief who participated in strikes were arrested-three in Buffalo, one in Lacka- [ 50 ] How GOES THE BILL OF RIGHTS? wanna-charged with disorderly conduct. At the Committee's re­

Iowa Ci-J,'il Liberties Union THE Iowa Civil Liberties Union, affiliated with the national or- ganization, was formed in January 1935. Its chairman is Prof. Edward S. Allen and secretary Carl Bogenrief. The committee has sponsored unsuccessfully the repeal of the Iowa criminal syndi­ calism law, and successfully fought the enactment of bills to require a teachers' oath of allegiance and to bar minority parties from the ballot. It was instrumental in· securing for relief workers in Des Moines the right to organize. CARL BOGENRIEF, Secretary

Maryland Ciyil Liberties Committee FORTUNATELY few occasions have arisen for any action. Those who have sought legal advice have been referred to the com­ mittee's lawyers, Messrs. Oppenheimer and Skeen. Aid has been given by the committee to the campaign against gag legislation in Congress. Members of the Committee have also co- [ 51 J How GOES THE BILL OF RIGHTS? operated with the American League Against War and Fascism in that and other campaigns. One incident aroused considerable public interest and an organized protest by the American League - the official welcome by the City of Baltimore and the American Legion to the German cruiser "Emden." A protest demonstration was held near the dock and handbills were generally distributed, with only one slight instance of police disturbance.

ELISABETH GILMAN, Secretary

Massachusetts Ciyil Liberties Committee THE Massachusetts Civil Liberties Committee which has been functioning during the past year largely as a lawyers' group, is in the process of reorganization to include a wider membership so as to arouse public opinion in opposing growing encroachments on civil rights. . When the Mayor of Boston banned the play "The Children's Hour," the Committee was instrumental in getting the producer to enjoin the officials, and the Committee's attorneys aided in the suit. The Court refused an injunction, but the widespread opposi­ tion to the Mayor's action induced a beneficial change of policy. It was announced that thereafter plays will not be censored until they at least have one performance and a proper hearing. The Commit­ tee also opposed a bill in the legislature for a more drastic form of censorship, which was defeated. The Committee supported another bill to liberalize the censorship, which passed, assuring hearings before action. The most conspicuous issues in the state had to do with academic freedom. The Committee was active in the campaign organized by teachers' associations to repeal the loyalty oath law of 1935. Despite united opposition by the press, labor unions, teachers and liberal groups, the legislature refused to repeal it, the vote in the House of Representatives being almost the same as that by which the law was passed. Enforcement of the compulsory flag saluting act resulted in the refusal to salute by children belonging to the religious sect "Jeho­ vah's Witnesses." In several communities these children were ex­ pelled from school. The Committee brought to the Supreme Court the case of an eight-year-old boy in Lynn, argued by attorney James [ 52 1 How GOES THE BILL OF RIGHTS?

P. Roberts, retained by the Committee for the petitioner, and aided by other lawyers in the group. A decision has not yet been rendered. In Belchertown, in the western part of the Commonwealth, three children of this sect were not only expelled from school, but were ordered from their parents and sent to a training school-the most drastic action in any such case anywhere in the country. The West­ ern Massachusetts Committee, under the chairmanship of Professor Colston E. Warne of Amherst, investigated the facts, arranged for an appeal of the lower court's decision and provided private instruc­ tion for the children. The appeal will be heard next autumn. The Committe handled an unusual case in Brockton, in which at­ torneys for the International Labor Defense also participated. They appealed to the Supreme Court the action of a trial judge who had punished for contempt three persons who organized a defense com­ mittee in a criminal case and solicited funds by means of a pamphlet. The decision as to whether discussion of evidence in a pending case in a pamphlet, whose purpose is to solicit funds, is contempt of court, has not yet been handed down. A number of actions have been brought for labor injunctions, despite the state anti-injunction law of 1935. One test case has been appealed to the Supreme Court by an employer who was unable to get an injunction. The Committee's chairman, attorney George E. Roewer, represents the unions seeking to uphold the statute. When the Joint Committee on Constitutional Law of the Massa­ chusetts Legislature refused to allow a Communist to appear at a hearing on behalf of payment of the soldiers' bonus, solely because of his political opinions, the Committee entered a vigorous protest, sending letters to the chairmen of every legislative committee. Many of these chairmen answered that they did not approve of the action and assured the Committee that it did not constitute a precedent. A thorough study of the various forms of censorship of books, motion pictures and plays is being undertaken as a basis for further action. A. FRANK REEL, Secretary-Counsel New Jersey Ciyil Liberties Committee SO many issues involving civil liberties have arisen in New Jersey that the small committee which has been handling court work and legislation with the aid of the national office, has recently been [ 53 ] How GOES THE BILL OF RIGHTS?

,expanded into the New Jersey Civil Liberties Union with members ( all over the state. \ Most of the issues arising during the year involved the rights of labor. A bitter fight was waged for the passage of a labor injunc­ tion bill, backed by the State Federation of Labor. After passing the Assembly and being favorably reported in the Senate, it was side­ tracked under the influence of the manufacturers associations, and after the Chancellor of the state and the leading Democratic politi­ dan, Frank Hague, had publicly attacked it. A. J. Isserman ap­ peared as the committee's counsel at the legislative hearings. In Hoboken in the spring of 1936 seamen attempting to organize were arrested under a new statute providing that those who cannot ,give satisfactory accounts of .themselves are disorderly persons. The seamen were arrested and sentenced to ninety days. Appeal is being taken to test the act. In the strike at the Consumers' Research plant at Washington, N. J., the committee, with the national office of the Union, aided in contesting an injunction and in defending persons not charged with acts of violence. All of those arrested during the strike were freed on appeal. In Jersey City when sailors of the Norwegian steamship "Spero" struck in protest against loading scrap iron for Italy, representatives of anti-war organizations joined them on the picket line and were arrested. Mr. Isserman represented them on trial. They were con­ victed, but the sentences were suspended. Issues involving members of Jehovah's Witnesses, a religious ,group, have arisen both in the refusal of their children in the schools to salute the flag and in the arrest of one of their members under the so-called anti-Nazi law. The flag-salute cases of expelled chil­ dren in Secaucu~ were taken by attorney A. J. Isserman to the State Commissioner of Education on the constitutionality of the flag-salute law. He refused to pass on that issue, and appeal was taken to the State Board of Education. It is expected to go to the courts. Under the anti-Nazi law punishing incitements to religious or racial hatred, an agent of Jehovah's Witnesses distributing anti­ Catholic tracts was arrested in the town of Union on complaint of [54 ] How GOES THE BILL OF RIGHTS? a store clerk incensed by the .literature. While the committee was. making preparations for a test case, the complaint was withdrawn. One conspicuous issue of academic freedom arose at the New Jersey College for Women, a branch of Rutgers University, when a· teacher of German, Leinhard Bergel, was notified by the head of his department that he would not be reappointed. Mr. Bergel al­ leged that his anti-Nazi views clashed with the Nazi views of his superior. The trustees held a lengthy hearing, attended by represen­ tatives of the New Jersey Committee and of the Committee on Academic Freedom, on which a full report was published criticizing the hearing and the findings. An extraordinary case arose when a judge sitting in a divorce case deprived a mother of the custody of her children because of her religious and political views. The case attracted national attention. The New Jersey Committee and the national office at once offered services to the mother, Mrs. Warren P. Eaton, to appeal the order of custody. An appeal was taken, with Judge John Larkin Hughes of Summit as counsel, assisted by A. J. Isserman, and will be heard in the fall. The committee also got into a suit involving race discrimination in New Brunswick where Negroes were denied orchestra seats in moving-picture houses. Suits have been started by attorneys for the committee. EowARD A. FUHLBRUEGGE, Chairman (1935-36)

New York City Ciyil Liberties Committee This Committee's report is given extended space because, unlike other local committees, it does not make reports outside this pam­ phlet. In adtjition the issues in New York City appear to be more varied and numerous than elsewhere.

OUTSIDE the established work of the Committee, we have under­ taken for the first time legislative work at Albany. Our field of operations has also been extended to include Long Island. [ 55 } How GOES THE BILL OF RIGHTS?

Police and the Unemployed With the curtailment of unemployment relief funds, protests by the unemployed have increased in New York City as elsewhere. Such protests have been met by Police Department restrictions on picketing, parading and demonstrations. One of the most serious attacks on civil rights occurred in Febru­ ary when police broke up an attempted parade of 15,000 unem­ ployed and WPA workers, arresting fourteen demonstrators who were held in "protective custody" for three hours. Among them were Congressman Vito Marcantonio and the Rev. Charles Webber, observer for our committee. Despite widespread appeals Mayor LaGuardia and Police Commissioner Valentine had refused a permit for the parade. A protest was promptly sent to the Mayor and Police Commis­ sioner against the denial of the permit and the police brutality, charging Commissioner Valentine with personal responsibility for holding the leaders in "protective custody." Although the Com­ missioner denied using this ominous term, he has refused to repudi­ ate it or to declare himself as to future practices. We also coop­ erated with a "Citizens' Jury" which investigated this demonstration and made public its findings condemning the police.

Rights of WPA Workers Our Committee on the Rights of the Unemployed, headed by Victor Gettner, has taken up with WPA officials on several occa­ sions the right of the unemployed to organize and bargain collec­ tively, and alleged discriminations against relief workers. Our attorneys have appeared with uniform success before the Appeals Board established to hear employees' grievances, on behalf of workers complaining of discrimination because of union activities. Victor Ridder, WPA administrator, has, however, failed in many important cases to follow the Board's recommendations. Evidences of Mr. Ridder's anti-union attitude have become more .md more frequent. He has promoted "red-baiting" and police vio­ lence. He has ignored numerous letters sent to him by our Com­ mittee, and declined to arrange an interview. Most of the cases involving complaints of organized relief work­ ers have been handled in cooperation with the City Projects Council. [ 56 J How GOES THE BILL OF RIGHTS?

We have also frequently cooperated with the Joint Conference Against Discriminatory Practices, representing Negro workers. The Committee has supported charges of workers on federal, as well as on local WPA projects. One of the most important in­ volved a worker on a WPA Health Survey whose supervisor was charged with the use of "espionage, discrimination and intimidation of union workers." Victor Gettner, chairman of our sub-committee, arranged both to have this case brought before the local WPA Appeals Board, and for counsel for the Union, with resulting de­ cision in favor of the worker, later accepted by the Public Health Service at Washington. Our counsel likewise successfully defended several WPA workers arrested on charges of disorderly conduct while protesting against delayed payment of wages. Only once during the past year have we had occasion to protest police interference with peaceful picketing before the WPA offices. It is gratifying to note a reversal of policy by the Police Department which had disregarded frequent court rulings upholding picketing at the WPA offices. Police Brutality Another threat to civil rights for which Mayor LaGuardia and Commissioner Valentine are personally responsible is contained in orders issued last October, repeating instructions to "muss-up" all known gangsters. Protesting to the Mayor against this order, we pointed out that encouragement of the police to use illegal violence not only has failed to curb gangsterism, but has threatened the rights. of innocent citizens. To combat such lawlessness by the police, the Committee sponsored the introduction in the state legislature of a bill aimed at the "third degree." We have constantly offered to give legal and financial aid to persons desiring to institute criminal or civil suits against police officers for lawless brutality. One conspicuous case involved a patrolman charged with assault by a Negro worker. At the request of the Provisional Committee for the Defense of Civil Rights in Harlem, Osmond K. Fraenkel of our committee is serving as counsel for the complainant. The patrolman is held for trial in Special Sessions. [ 57 ] How GOES THE BILL OF RIGHTS?

Interference With Mass Picketing Despite repeated protests, police interference with peaceful mass picketing continues. We have repeatedly urged Commissioner Valentine to assure to all persons without discrimination the right to peaceful mass picketing. While professing agreement, the Com­ missioner is directly or indirectly responsible for frequent denial of this right, particularly in important strikes. To test the police ruling that mass picketing, when forbidden, constitutes disorderly conduct, we recently joined with the League of Women Shoppers in appealing the convictions of two persons picketing May's department store in Brooklyn. The defendants were arrested only because the police restricted the pickets to two. The Court of Special Sessions affirmed the convictions, upholding the right of the police to limit pickets. An appeal will be heard by the Court of Appeals early in the fall. Numerous complaints against the police have been received from high school and other student organizations, charging interference at the instance of educational authorities. Among the incidents investigated by the Committee were a police raid on a private meet­ ing of students of Stuyvesant High School, harassing of students for selling student publications near Stuyvesant High School and other high schools; breaking up of an open air meeting in the Bronx Center of the City College Evening Session.

Harlem On March 19, 1935, riots broke out in the Negro district of Harlem, due to long-standing abuses. A thorough investigation by a committee appointed by the Mayor reported widespread discrim­ inations in Harlem and wholesale police disregard of civil rights. The city administration has as yet done little to correct the condi­ tions disclosed. The New York City Committee appointed a special committee to work in Harlem in cooperation with Harlem citizens on issues of police brutality. Joining with a movement started by the Interna­ tional Labor Defense, a Committee for the Protection of Civil Rights in Harlem has been formed with a broad representation, including the League for Industrial Democracy, the National Asso­ ciation for the Advancement of Colored People, Federation of Mu- [ 58 ] How GOES THE BILL OF RIGHTS?

sicians,. Local 802, Knickerbocker Democrats and the Joint Confer­ ence Against Discriminatory Practices.

Use of Public Buildings When Borough President Harvey of Queens refused to permit the use of Jamaica Town Hall for a meeting of the Jamaica League Against War and Fascism on the ground that it is a "Communist organization," the Committee joined other organizations in protest. Although Mr. Harvey yielded because of assurances that the League was not a Communist organization, the issue of discrimination re­ mains. In an effort to test it in the courts, our Committee recently offered its services to the Project Workers Union whose application had been refused. Protest was also made to the Board of Higher Education when the Anti-Fascist Association of the Staffs of City College was re­ fused the use of the Great Hall for a peace meeting. A Committee of the Board was appointed to prepare a report on the use of college lands and buildings, but it has not yet made it public.

Academic Freedom The fears voiced by educators when the teachers' loyalty oath law was enacted in 1935 have unfortunately proved justified. Due largely to the influence of this law, the public school authorities have sought to intimidate or oust teachers suspected of liberal or radical views. This drive has been stimulated by pressure from the American Legion, "patriotic" groups and the Hearst press. Among the most striking evidences of this tendency was the order issued last September by Harold G. Campbell, Superintendent of Schools, denying teachers the right to strike. Our Committee on Academic Freedom scored this ban as "a new high in the continued assault by school authorities on academic freedom," adding that the threat of the Superintendent that candidates for permanent posts would be examined on their attitude toward strikes involved an in­ quisition into their political and economic beliefs. Another attack on teachers' freedom is the more frequent use of the "loyalty quiz" in examinations, introduced by the Board of Examiners in October, 1934. A protest against this practice was issued when Dr. George J. Smith, acting president of the Board of Examiners, declared that a young high school teacher's license had [59 ] How GOES THE BILL OF RIGHTS? been withheld because she favored free discussion of controversial issues. The Committee also protested when holders of teaching licenses were warned by the Board of Examiners that they were liable to dismissal without trial if they failed to live up to rules of "loyalty to society" during a newly fixed three-year probationary period. Freedom of teaching was further assailed when Superintendent of Schools Campbell addressed a circular to school officials, em­ phasizing the importance of peace education but opposing "the teaching of pacifism and non-resistance." Dr. Campbell declined to reply to a letter from the Committee asking for an interpretation. Among the most significant cases handled by the Committee was one involving the principal and a number of teachers at Evander Childs High School, where, according to the Hearst press, "a Com­ munist Party unit" had been established in the faculty body. The Board of Superintendents thereupon conducted a veritable heresy­ hunt at the school, but no evidence was found to justify disciplinary action against the principal or teachers. Another case involved the dismissal of approximately 100 WPA teachers and attendants by the Board of Education because of their participation in a three-hour "stoppage" against low salaries, lack of vacation and sick-leave. We cooperated with counsel retained by the teachers. A compromise resulting in their reinstatement was finally effected. With the recent control of the Board of Education by appointees of Mayor LaGuardia it appears likely that numerous reforms will be made, although many of the evils are chargeable to the Board of Superintendents, over which the Board of Education has only indirect control. Students' Rights Public school authorities have not only interfered with freedom of teachers but also with the right of students to organize for dis­ cussion of public issues, particularly war. Instructions were issued by the Board of Superintendents last April to principals of high schools, directing them to deny students permission to leave school on April 22nd to participate in the nation-wide studep.t anti-war strike. The United Parents Association at once urged that students with written requests from their parents be permitted to take part [60 ] How GOES THE BILL OF RIGHTS?

in the demonstrations. Our Committee on Academic Freedom en­ listed the support of distinguished educators, ministers, lawyers and civic leaders who addressed Dr. Campbell, upholding "the right of the individual parents of the soldiers of tomorrow, rather than the Board of Superintendents, to decide whether or not their children should absent themselves to take part in outside-the-school peace day demonstrations." Dr. Campbell replied that "to permit parents to decide when their children may be absent from schQol would be contrary to law." The order was not changed, but in all except three high schools, students were permitted to hold peace assemblies under the principal's direction. Students who left school to participate in the anti-war strike were not penalized, so far as is known. A record of students' par­ ticipation was, however, made by high school principals. The prin­ cipal of one high school wrote to various colleges asking whether they desired to have noted on student applications for admission a reference to their part in the recent anti-war strike. He got a dis­ turbing number of favorable replies. City College Recently we participated with the Teachers Union and other groups in the cases of two tutors at City College, threatened with loss of their positions because of their views. Sidney Eisenberger, teacher in the Liberal Arts Department of City College, was notified last January by the dean of the School of Technology that he would not be reappointed upon expiration of his contract. Mr. Eisen­ berger claimed that the action was due to the help he had given to students organizing a liberal forum. A joint committee sponsored by the Teachers Union was organized to present the facts to the educational authorities. Herbert D. David represented our group. The authorities not only recommended renewal of Mr. Eisenberger's contract but a salary increase. The Joint Committee is seeking, through the Board of Higher Education, censure of the dean. Morris U. Schappes, tutor in the Department of English at City College, was recently notified by the head of his department that renewal of his contract would not be recommended. The notifica­ tion, based on "ineffectiveness," declared that his "political beliefs were not a factor." Our investigation of Mr. Schappes' record as a tutor for over eight years showed that the action was unjustified, and that the real reason was his anti-war activities and alleged radi- [61 ] How GOES THE BILL OF RIGHTS? cal affiliations. Again a joint Committee was organized. Through this group, protests by students and campaigns by leading news­ papers, public attention was focussed on the issue. As a result, a committee of the Board of Higher Education recommended in effect the automatic appointment of teachers who have served more than three years, and it is assumed that Mr. Schappes will be reappointed. Our Committee also helped secure the reinstatement of two City College students suspended for leading a forbidden pacifist demon­ stration against the annual military review on May 29, 1935. Two members of our committee represented the students at hearings before the Faculty Student Disciplinary Committee. They were reinstated on probation. The incidents at City College again emphasize the necessity of revising the rules governing student activities and of their more liberal administration. The disturbances which have occurred dur­ ing the last few years have been due in part to the prejudices of President F. B. Robinson. Our Committee on Academic Freedom publicly expressed approval of the recent City College alumni re­ port, which recommended Dr. Robinson's removal. Hearings on the recommendation are now being conducted by the Board of Higher Education. Our Committee on Academic Freedom made efforts to secure the reinstatement of six medical students and three technicians expelled last summer from the Columbia Medical Center for anti-war activi­ ties. Failing to obtain a hearing by the authorities at Medical Center, legal proceedings were planned, but later abandoned when four of the students entered other institutions. The refusal of Dr. Nicholas Murray Butler to intervene was later explained when he declared in a speech that academic freedom applies only to teachers, not to students! Student Anti-Tf/a1' Demonstration Forty thousand students from New York City colleges partlC1­ pated this year in the April student anti-war strike, according to an estimate by the American Student Union. No interference or disciplinary action was reported. At Hunter College for women this represents a departure from last year's record of four students suspended for taking part in the strike. They were reinstated in the fall after signing a loyalty pledge. e62 ] How GOES THE BILL OF RIGHTS?

City Legislation One ordinance strongly opposed by our Committee provided for the registration of all aliens in New York City who had not de­ clared their intention of becoming citizens. The cooperation of labor organizations was secured, and a public hearing was held. The measure was defeated. Our Committee joined with many other organizations in oppos­ ing a bill to require the display of an American flag at all indoor meetings of more than fifteen persons where public or political questions are discussed. This bill was backed by "patriotic" socie­ ties and the Hearst press. Although passed unanimously by the Board of Aldermen, it was vetoed by the Mayor who declared that "patriotism must be spontaneous and not legislated."

State Legislation For the first time this year the Committee undertook at the request of the Union's Board of Directors the handling of all legislative matters at Albany. Samuel Paul Puner of New York represented the Committee as lobbyist and legislative counsel. It is largely to his efforts that the comparative success of our legislative work is due. The Committee opposed some thirty bills and endorsed twenty, of which we drafted five. Of the bills opposed, few were enacted. Only one was serious­ the McNaboe resolution to investigate "Communism" in the schools. One other was quite undesirable--granting contempt powers to magistrates. Among the most important of the bills successfuJ,ly opposed were one barring from the ballot political parties advocating "the overthrow of the government by force," and the so-called anti­ Nazi bill which would have made criminal any language stirring up "race or religious hatred." The Committee secured the coop­ eration of leading Jews and Negroes in defeating this bill. A bill requiring the display of the American flag in all public assemblies of fifteen or more persons, after passing the Assembly, was defeated in the Senate, but by only two votes. Another dan­ gerous bill requiring the registration of all aliens, after passing the Senate, was killed in the House. Among the bills which passed after being amended to meet some of our objections, were a uniform extradition bill and a bill for the [63 ] How GOES THE BILL OF RIGHTS? display of the American flag in all school assembly rooms. The original flag bill included all classrooms. Of the bills sponsored the most important were those to curb the "third degree." Two bills were introduced at our request by As­ semblyman Aaron Goldstein, and although they received the en­ dorsement of the New York City Bar Association, they were killed in committee because of opposition from police departments. Several education bills were drafted and sponsored by us to give probationary teachers rights now enjoyed by those on permanent tenure. They failed in the Committee on Public Education, largely because of conflict among representatives of teachers' organizations. The repeal of the teachers' loyalty oath law again failed, despite an extraordinarily effective hearing. Amendments to the civil rights law affecting Negroes to extend it to mercantile establishments, although reported out of the Senate Judiciary Committee, died on the calendar. Another bill which we actively sponsored made it a misdemeanor to require finger-printing as a condition of employment. The bill passed the Senate but was killed in the Assembly Rules Committee.

Under by-laws adopted in November 1935, a General Committee directs policies and an Executive Committee, appointed by it, carries out the policies. The following is the Executive Committee: Alexander Blanck, S. John Block, Rabbi Ben Bokser, Herbert D. David, Mary Ware Dennett, Dorothy Fosdick, Helene P. Gans, Victor S. Gettner, Lee Hazen, Mrs. Alfred Jaretzki, Jr., John Paul Jones, Adolph P, Link, Karl Lore, Harry L. Lurie, William Pickens, Jr., Leon Pomerance, Samuel Paul Puner, Rev. Frederick Reustle, Louis Weinstock, Mrs. C. D. Williams. The officers of the Committee are: Flarina Lasker, chairman; Osmond K. Fraenkel, vice-chairman and counsel; Charles E. Clift, secretary. The following standing committees have functioned during the past year: Police Administration, under Osmond K. Fraenkel; Rights of the Unemployed, under Victor S. Gettner; Academic [64] . How GOES THE BILL OF RIGHTS?

Freedom, under Reinhold Niebuhr and with Herbert D. David as secretary; Legislation, under Samuel Paul Puner; Censorship, under Lee Hazen. These chairmen, as well as the secretary of the Committee on Academic Freedom, have given unlimited services to their com­ mittees. Our work has been carried on entirely by volunteers, in­ cluding the services of the office and field secretary, Charles E. Clift. FLORINA LASKER, Chairman

Northern California Branch A FTER being without a director for three months, the Northern California Branch of the Union in June, 1935, secured the services of Ernest Besig, formerly associated with the Southern ' California Branch. The local organization was strengthened by adding four lawyers to the committee. A sixty per cent increase in membership during the year has freed • the work from threat of interruption or suspension and made pos­ sible the publication of a four-page monthly bulletin dealing with current civil liberties issues, sent to a mailing list of 1,500. The main theatre of action in the struggle for civil liberties in California has quite definitely shifted to the northern part of the state. This may be attributed in part to militant labor struggles and particularly to the tense situation on the San Francisco waterfront. The year's work has been marked by police lawlessness, a tar and feather party, a lynching and vigilantism, cases involving academic freedom, proposed red-baiting laws in the legislature, local anti­ picketing and leaflet ordinances, deportations, the Mooney habeas corpus hearing, the Sacramento criminal syndicalism cases, the finger-printing drive, compulsory flag-saluting, a case of censorship of the mails, and discriminatory use of the radio. Five legal cases are pending in the courts. In the Holmes-Eureka lumber mill riot, in Eureka, on June 21, 1935, when local attorneys could not at first be obtained to defend 150 arrested workers, the A.C.L.D. stepped in to furnish separate counsel for nine workers and joint counsel for twenty-three others. Dismissals were secured in every instance. Immediately thereafter, the A.C.L.D. investigated the lynching [65 ] How GOES THE BILL OF RIGHTS?

of Clyde L. Johnson at Yreka. Wide publicity was given the mis­ conduct of the Sheriff's office. The Union became the spearhead of protests made to the Governor and Attorney General. On August 21, at Santa Rosa five men were kidnapped by vigi­ lantes. All were made to kiss the American flag while two were beaten, tarred and feathered and driven out of town at the head of a jeering mob. A few hours after the incident, the A.CL.D. investi­ gated and placed demands before the Governor and Attorney Gen­ eral for criminal prosecutions against more than a score of known vigilantes. Failing to secure prosecutions, the A.CL.U. instituted suits in the federal court on behalf of Jack Green and Sol Nitzberg, the victims, against Fred Cairns, alleged leader of the vigilantes, who is an alien and secretary of the Healdsburg Chamber of Com­ merce. It is expected that these suits will go to trial early in the fall. The Union filed objections to the naturalization applica­ tion of Cairns, and when he was unable to prove his legal entry, the Union filed objections to his application for registration as a • legal entrant on the ground of "poor moral character." The Santa Rosa affair reached a ridiculous point when the vigi­ lantes sued their victims for damages for assault and battery, claim­ ing that they had been "pulled, pushed and jostled." The court struck out most of the complaint on motion of attorney Austin Lewis, and just before an amended complaint became due, the vigi­ lantes entered a dismissal. In the fall of 1935, the director spent a month assisting the attor­ neys in the present Mooney habeas corpus proceeding. In the Sacramento criminal syndicalism cases, the Union worked actively in the campaign to secure minimum sentences. Despite the absence of a state compulsory flag-salute law for public school children, local school authorities in many communi­ ties have dismissed members of Jehovah's Witnesses who have re­ fused to salute "a man-made symbol." The first case to attract public attention involved a nine-year-old Sacramento grammar school girl, the daughter of deaf-mutes. She was suspended in October and after other efforts to secure her reinstatement proved futile, the A.CL.U., through attorney Wayne M. Collins, instituted mandamus proceedings to test the legality of the salute regulation. The case is now before Superior Judge Peter J. Shields. Similar cases have arisen in Lodi, Modesto and Mercer. [66 } How GOES THE BILL OF RIGHTS?

Depositions are about to be taken by attorney Clarence E. Rust in a suit involving the activities of the Legion Anti-Subversive Ac­ tivities Committee. A suit for damages was brought against two members of the committee who secured the dismissal of Frances Sullivan, a public health nurse in Bakersfield, because it was claimed she had associated with radicals. The same Legion group was unsuccessful in securing the dismissal of Prof. John G. Iliff of San Mateo Junior College on charges of "radicalism." It also failed to prevent the admission to the bar of a law student, Audrey Grossman, who had been active in student anti-war and liberal movements at the University of California. In Eureka, attorney Clarence Rust represents Victor R. Jewett whose dismissal on charges of "unprofessional conduct" was sus­ tained by the Superior Court. The grounds for the charges consisted of alleged unfavorable comparisons of the United States with the Soviet Union, and receiving "Moscow Gold" to conduct subversive activities (interest on an investment in Soviet bonds) . Funds for an .appeal have been raised by a special teachers' committee and the case will be argued early in the fall. The Union handled three deportation cases during the past year. Dominic Sallitto and Vincent Ferrero, alleged Oakland anarchists, secured voluntary departure to Italy, but then removed their cases to New York City to take advantage of a favorable decision in that jurisdiction. Jack Warnick, one of the acquitted defendants in the Sacramento criminal syndicalism cases, was charged with member­ ship in the Communist Party and illegal entry. His case was ap­ pealed to the Board of Review at Washington where it is being handled by the national office. Legal advice and cooperation have been furnished in many in­ stances where court action was unnecessary or inadvisable. An extensive survey has been made of the drive for universal finger­ printing, and the Union is prepared to oppose legislative efforts to fingerprint all automobile drivers. Meetings have been held- and speakers have been furnished to organizations to talk on civil lib­ erties issues. News releases on current civil liberties issues have been sent out and are pretty generally used.

ERNEST BESIG, Director [67 ] How GOES THE BILL OF RIGHTS?

Portland (Oregon) Committee , THE Portland Committee took a leading part in holding up the de- portation to Germany of Walter Baer, 37-year-old civil engineer, in the United States since a child, who has an American wife and three children. Baer, whose deportation is based upon a larceny conviction fourteen years ago, revealed after he became active in the unemployment movement, is a Republican. His case is now in the Circuit Qmrt of Appeals at Portland. Another deportation case handled by the committee involved Chris, Anna and Alma Reinis, alleged Communists. Alma, the daughter, one year old when the family came to America, graduated from high school and the Oregon Normal School and taught in the public schools. When she appeared at the local immigration office to secure her second naturalization papers, she was charged with advocating prohibited doctrines, based on her activity in the Friends of the Soviet Union. Attorneys for the Committee aided the appeal in the Kyle Pugh and Dirk DeJonge criminal syndicalism cases referred to on page 22. The Committee successfully fought the ban against the use of public schools for political meetings in arranging a high school meeting for Dr. Harry F. Ward. There has since been no difficulty in securing the use of the schools for other speakers. A bill to repeal the criminal syndicalism law was sponsored by the Committee. A law removing the prohibition against the use of state police in labor disputes was successfully fought. The Gom­ mittee supported the fight for abolishing compulsory military train­ ing, which is on the ballot at the next election. The Committee also aided in the national campaign against gag bills in Congress. SAMUEL LoCKWOOD, JR., Secretary

St. Louis Ciyil Liberties Committee THE committee's chief local work involved an extraordinary con- tempt case originating in the Circuit Court at Washingron County, Mo., the judge of which cited Joe Morris, a tiff miner, for declaring at a public meeting: "Why don't he (meaning Circuit Judge E. M. Dearing of Washington County) strong-arm the com- e68 ] How GOES THE BILL OF RIGHTS?

pany from starving you to death? Don't forget him in the next elec­ tion. He should be impeached. You elected him to represent you. You didn't elect him to represent the company." Morris was convicted by another circuit judge sitting in place of Judge Dearing. No appeal is permitted under the decisions of the Missouri courts. He was released on habeas corpus by the Missouri Supreme Court who forthwith returned him to jail without writing an opinion. He was again released on a writ of habeas corpus by the U. S. District Court and again returned to jail. An appeal was taken to the U. S. Circuit Court of Appeals, which refused to in­ terfere. But the oral opinion of the presiding judge must have dis­ turbed the Missouri authorities for Morris was released almost im­ mediately before his time was up, and against his wishes. His release prevented the committee from carrying the case to the U. S. Supreme Court. The committee is working on legislation to liberal­ ize the laws governing contempt of court. Although the police dealt roughly with some unemployed demon­ strations, their behavior has improved in recent months following sharp protests by the committee and others against the use of clubs and tear gas. Demonstrators arrested were uniformly freed. The police have doubtless been restrained by a civil suit hanging over the Board of Police Commissioners, brought by David Thayer Bur­ bank, victim of a police assault two years ago. The case is still in the courts. VICTOR HARRIS, Secretary

Seattle Branch THE Seattle Branch of the American Civil Liberties Union was organized in June, 1935, with Paul A. Olson acting as secretary until his departure for Washington, D. C. in January. During the summer in the strike in the lumber industry through­ out the Pacific Northwest, Governor Martin called out the National Guard and the Washington State Patrol. Though martial law was not declared, the military ruled with a high hand. Several mem­ bers of our committee visited Tacoma, and after conferring with the military and civil authorities issued a report on the unlawful use of the National Guard and the Washington State Patrol, pub­ lished chiefly in local labor papers. Through our counsel, J. R. [69 ] How GOES THE BILL OF RIGHTS?

Cluck, and through the services of Frank Morgan, president of the Bar Association of Hoquiam, we succeeded in getting three separate injunctions against interference by the military with peaceful picketing. At our request, the Seattle Park Board designated three public parks, one of them down-town, where meetings may freely be held without permit. State law provides that school-rooms shall be made available for public meetings. When permission was refused in one rural dis­ trict we brought suit against the school directors. The Superior Court of King County sustained our contention that the law made it mandatory for school directors to open up the buildings for public meetings. Since the regulations of the Seattle School Board are in conflict with this state law, we have urged that they revise the regulations. In Tacoma recently the use of a school auditorium was denied for an address by General Smedley Butler. Attorney A. B. Cunningham of Tacoma took this case into court on our behalf, but the judge declined to interfere with the Board. Mr. Cluck handled the defense of a young man arrested for viola­ tion of a city ordinance on distribution of hand-bills. The court ruled that the ordinance in question applied only to commercial advertising, not to notice of public meetings, and dismissed the case. Following this action, the city attorney dropped several pend­ ing cases. However, the police have since occasionally arrested persons for distribution of hand-bills in public places. We now seek to test their action by an injunction suit. We have intervened in several flag-salute cases, involving children of ]ehQvah's Witnesses, but have not yet found it necessary to take any case into court. Attorney Frank Morgan succeeded re­ cently in having two children reinstated after they had been ex­ pelled. The school authorities have agreed that they need not join in flag exercises. The case of two other children in the same family has not yet been settled. A committee under our auspices is engaged in a state-wide study of all cases under the criminal syndicalism law. This is being done in an effort at the next session of the legislature to have the law' repealed. [70 } How GOES THE BILL OF RIGHTS?

Last January a raid by a group of officers and members of the Veterans of Foreign Wars on a social science class conducted by the Communist Party resulted in a fight with minor injuries on both sides. Just prior to the raid the police had entered the class-room and arrestea several present. We immediately secured the release of those arrested; and at our instance the prosecuting attorney brought criminal proceedings against the "vigilantes." Although the case was pressed vigorously, the trial resulted in a verdict of acquittal. The four attorneys for the veterans made the issue the Stars and Stripes vs. the Red Flag. In February, Dr. Harry F. Ward addressed a mass meeting of 4,000 in the Civic Auditorium in Seattle. The local Hearst paper had tried to induce the city officials to deny the use of the auditorium, but the "Seattle Star" took up our side vigorously and helped to make the meeting a success. . During the winter there was an effective "hall blockade" in Seattle for a time, and during this period the County Commissioners made their room in the court-house available for one of our rallies. In Bellingham last March, vigilante groups from the American Legion and Ku Klux Klan prevented a lecture on Soviet Russia by Anna Louise Strong. They succeeded in intimidating all hall­ owners to refuse or cancel contracts. The vigilantes are recruited under the leadership of a minor employee in the police department who is also chairman of the Americanism Committee of the Ameri­ can Legion. IRVING M. CLARK, Chairman

Southern California Branch OF the many activities of the year, conspicuous was the fight against Chief of Police Davis' border patrol, by which the Los Angeles Chief sought to keep indigents out of California. It was an amazing undertaking for a chief of police of a single Cali­ fornia city to send 136 of his patrolmen to the borders of the state, way beyond his jurisdiction, and order them to refuse admission to people who had little money or who looked as though they might become indigents! The Union brought suit against the Chief in Federal Court, ask­ ing for an injunction against his activities, and also for $5,000 [ 71 J How GOES THE BILL OF RIGHTS? damages for one man stopped as he tried to enter California from Arizona. The suit came to an abortive end because the plaintiff was reached by Chief Bavis' undercover men and intimidated. However, the unfavorable publicity which the A.C.L.D. and other organizations gave to the Chief's venture resulted in his withdraw­ ing the border patrol. The Los Angeles "Red Squad," which had been rather inactive during the administration of Mayor Frank Shaw, recently burst into new activities in connection with vegetable strikers in the Venice area. Mexican and Filipino workers who sought to picket were chased off the picket lines, beaten up and in several instances shot by tear gas bombs and bullets. Protest was entered against this terrorism by our organization and other groups and a let-up of the lawlessness for a time at least was secured. Long Beach officials, against whom suit was brought by our at­ torneys for damages in the case of a boy held incommunicado for more than forty-eight hours, and against whom no charges were filed, settled the case out of court rather than stand trial. They promised that a new regime would be inaugurated. An academic freedom committee has been organized with repre­ sentation from the universities and institutions of higher learning in Southern California. This committee provides a panel of well­ known people ready to spring into action whenever the liberties of teachers are threatened. A campaign to repeal the criminal syndicalism law was recently started. Petitions are being circulated for the 177;000 names neces­ sary to submit repeal to the voters at the next general election in November. Many organizations are joining in the efforts to secure these signatures. The student strike against war, held in the colleges in April, and the May Day international celebration both passed off without clashes with the police or the school authorities. This is in striking contrast to past experiences. Imperial Valley and the San Joaquin Valley-two of Southern California's great agricultural areas-have been comparatively free from strife during the past year. But civil liberties in these two valleys are' no better assured than before. Certain sporadic inci- [72 } How GOES THE BILL OF RIGHTS? dents indicate that both of these vallevs are still under the dom­ inance of lawless growers and shippers' who would not hes.itate to use wholesale violence in another strike. A series of civil liberties rallies has been held during the year in Los Angeles, Santa Barbara, San Diego and Long Beach, which have brought many new friends and have resulted in the organiza­ tion of local committees. On October 1st last, A. 1. Wirin, who had been our counsel for nearly a year, resigned to take a position with the National Labor Relations Board at Washington. His place has been taken by attorneys John Packard and James Carter. Attorney Ernest Besig, who assisted during the campaign in the Imperial Valley and in the legislative campaign at Sacramento, has become director of the Northern California Branch. Attorney John Beardsley, who for twelve years acted as chairman of our executive committee, resigned in 1935 when he entered public office and was succeeded by the Rev. Dr. Edwin P. Ryland. The Southern California Branch continues to publish weekly the "Open Forum," reduced in size by reason of economy. It still proves to be a necessary and useful means of reaching all our members.

(LINTON J. TAFT, Director

The Philadelphia Civil Liberties Committee has been compara­ tively inactive during the year, since fortunately few local issues. arose to require service. Three dinner meetings were held at which national and local problems were discussed. The committee op­ posed an ordinance providing for police registration of all persons with criminal records. Harry A. Poth, Jr., a member of the com­ mittee, prepared an exhaustive study on the subject. A court test of the ordinance is planned. The committee also dealt with several cases involving expulsion from the schools of children belonging to the Jehovah's Witnesses who refuse to salute the flag, and a case in Yark involving the right of assembly.

Since the Ohio League for Constitutional Rights is not affiliated with the Union, no report of its activities is given. A mimeographed [ 73 } How GOES THE BILL OF RIGHTS? record of five pages under date of April 30, 1936, may be obtained by those interested from the secretary, Prof. Robert E. Mathews, Ohio State University, Columbus.

The Santa Barbara Civil Liberties Committee dealt primarily with issues of state-wide interest, since no local matters arose. Two meetings were held during the year, one addressed by Dr. Clinton J. Taft of Los Angeles, the other by Dr. Harry F. Ward.

[ 74 J How GOES THE BILL OF RIGHTS?

Organization

National Committee and Board of Directors THE National Committee in control of the Union's policies now totals seventy-four. Five new members were added during the year-the Rt. Rev. Benjamin Brewster, Episcopal Bishop of Maine; Mrs. Margaret DeSilver of Brooklyn, N. Y., whose husband, Albert DeSilver, was one of the founders of the Union and until his death its director; Sidney Howard of New York, playwright; Prof. Lloyd K. Garrison, Dean of the Law School, University of Wisconsin; and Bishop Edgar Blake of the Methodist Church, Detroit. The Board of Directors, meeting weekly in New York to carry on the Union's work, was increased by the election of William G. Fennell, attorney, Harold E. Fey, secretary of the Fellowship of Reconciliation and formerly the Union's representative in Manila, Sidney Howard and A. J. Isserman, Newark attorney and represen­ tative of the New Jersey Committee. Prof. William L. Nunn and Amos Pinchot resigned because of inability to attend meetings.

Officers and StaB THE officers of the Union remain unchanged. So does the staff except for the addition of Charles E. Clift of Wilkes-Barre who has generously volunteered his services for full-time work as sec­ retary of the New York City Committee and to handle research work and correspondence as well. Publicity work at the national office continues in charge of Clifton R. Read. The office was also aided greatly during the year in membership work by the volunteer services of A. H. Sakier.

Cooperation THE Union continued close cooperation with all defense agencies throughout the country. Delegates or observers from the Union were sent to numerous conferences and conventions-the American Association for Labor Legislation, the Crime Conference called by Governor Lehman of New York, the American Academy of Political and Social Science in Philadelphia, the Gongress of the League Against War and Fascism at Cleveland, and the bienniel conven- [75 ] How GOES THE BILL OF RIGHTS?

tion of the Young Woman's Christian Association at Colorado Springs. An attempt was made to secure cooperation by the American Liberty League in defending cases involving civil rights. Several issues were directly put to the League as coming within their state­ ment of principles. On each issue the Liberty It:ague declined to accept any responsibility. Its record, despite its profesSiions, sus­ tains the charge so commonly brought against it that it defends only property rights and is unconcerned with violations of constitu­ tional rights affecting personal liberties to speak, publish and as­ semble.

Policy ONE issue of policy arose during the year-whether or not the Union should defend persons charged with contempt of court for addressing communications to judges on pending cases. The Union after consulting members of the National Committee took the position that it is as improper to address judges on pending cases as it is to address jurors. The Union has therefore declined to de­ fend any persons cited for contempt for so doing. But the Union opposes criminal prosecutions for such acts, and has defended per­ sons so proceeded against. The Union pointed out to agencies in the habit of addressing communications to judges, that protests could be just as well voiced without risk of contempt charges by ~.ddressing clerks of courts or prosecutors.

[76 ] How GOES THE BILL OF RIGHTS? Finances THE Union seems to have shared in whatever economic recovery has taken place, for in contrast to the drop in income in 1934, the fiscal year ending Jan. 31st showed a marked increase. In the Operating Fund of the Union, the receipts jumped back to normal, $22,500-or $4,500 more than the previous year-enough to meet a budget increase from $20,000 to $21,000 and leaving a com­ fortable balance. Special funds contributed by members and friends to handle court cases and campaigns not financed by ordinary receipts brought in $6,081 as against $4,400 the year before. In addition $3,132 was taken from the McMurtrie Fund, a bequest, to handle expenses which special fund receipts did not meet. Total expenditures for these special purposes outside the Union's budget were $10,842 as against $8,000 the year before. The heaviest part of these expendi­ tures was for legislative campaigns against gag bills. Expenditures for cases in the courts dropped from $4,800 the year before to $3,900. Aid to local committees unable wholly to finance them­ selves, remained at about the same figure, $1,800. In addition to the special funds contributed to the Union for these activities, our members and friends contributed $3,663 for the Tom Mooney and Scottsboro cases. These funds were trans­ mitted to the defense committees in charge. Of this amount $762 came from appeals for the Mooney case in the New York Evening Post and Philadelphia Record through the cooperation of J. David Stern, publisher. No accounting is made in this report of funds handled by local affiliated committees which make their own financial reports. The total amount thus raised and spent locally during the past year was approximately the same as the year before--$lO,OOO. Without a large amount of volunteer legal service and the efforts of members of local and national committees, it would be impossible to conduct the Union's many-sided work on so modest a budget.

The number of members showed a gratifying increase during the year from 2,700 to 3,530. Most new members joined in response to appeals from old members and through circular letters to selected [77 ] How GOES THE BILL OF RIGHTS? lists. Almost 400 members were obtained as a result of a national broadcast by AlexanderWoollcott, in which he appealed for sup­ port of the Union's work. In addition, 335 who have not paid dues since 1934 are carried on the rolls; and 700 contributors to special funds who are not members of the Union. The total number of members and supporters was therefore on January 31st, the close of our fiscal year, approximately 4,500 as against a total of 3,700 the year previous.

The Operating Fund is made up of contributions and dues from members as follows: 1 contributor at $1,200; 2 at $1,000; 8 between $500 and $1,000; 5 between $200 and $500; 20 between $100 and $200; 33 between $50 and $100; 104 between $25 and $50; 588 between $10 and $25 ($25 being the upper limit of fixed dues) 2,769 contribute dues of $1 to $10. Mrs. Margaret De Silver generously continues the $1,200 annual contribution of her late husband, Albert De Silver, former director of the Union. An anonymous donor contributed $2,000, of which $1,500 was placed in the special funds. Miss Florina Lasker con­ tributed $1,000, of which $250 was appropriated for New York City work. Bishop and Mrs. Robert L. Paddock made a special con­ tribution of $1,000, all but a small portion of which was allocated to special funds. Miss Gladys Deutsch and Eliot Pratt continued their contributions of $1,000 each, divided between overhead expenses­ and special funds. We mention these larger contributors of $1,000 and over to make public acknowledgment of such generous help, particularly in carrying on special work not otherwise possible, and only regret that the limitations of space prevent an acknowledgment to all of our friends who so faithfully make possible the continuation of the Union's services.

[ 78 ] How GOES THE BILL OF RIGHTS? Publications (From June 1935 to June 1936)

Pamphlets CONSTITUTIONAL RIGHTS. Reprint of sections of the Bill of Rights guaran­ teeing civil liberties. (4 pages.) FREEDOM OF THE AIR. Bills pending in Congress with arguments. (16 pages.) THE GAG ON TEACHING. The story of the new restrictions by law on teach­ ing in schools; and by public opinion and donors on colleges. Revised edition, 1936. (60 pages.) "INCITEMENT TO DISAFFECTION" BILL. Campaign arguments against gag bill pending in Congress; two editions. (8 pages, 24 pages.) IT HAPPENS HERE. Significant violations of civil liberties in 1935. (16 pages.) KRAMER SEDITION BILL. Campaign arguments against gag bill pending in Congress; two editions. (8 pages, 24 pages.) LAND OF THE FREE. The story of the fight for civil liberty 1934-1935. (96 pages.) OLD FASHIONED FREE SPEECH. What American statesmen and publicists have said about it. Revised edition. (16 pages.) STATE LAWS AFFECTING CIVIL LIBERTIES. Five maps showing laws aimed at radicals, Negroes, freedom in education, and abuses of labor in­ junctions.

THE STRUGGLE FOR CIVIL LIBERTY ON THE LAND. A factual account of struggles of farmers, share-croppers and farm laborers. (48 pages.) WHO'S UN-AMERICAN? An answer to the "patriots." (32 pages.)

Mimeographed Material THE CASE OF LIENHARD BERGEL, dismissed from the New Jersey College for Women. (20 pages.) COMPULSORY FLAG SALUTE IN THE SCHOOLS. A survey of laws and con­ stitutionality, by William G. Fennell and Edward J. Friedlander of the New York Bar, with introduaion by Prof. Eduard C. Lindeman. (20 pages.) . DEPORTATIONS. Suggestions to attorneys handling deportation cases, by Carol King. (22 pages.) [ 79 ] How GOES THE BILL OF RIGHTS?

FINGER-PRINTING--FoR WHAT? A memorandum on the movement for voluntary and compulsory finger-printing. (3 pages.) FREE SPEECH AND WAR, extracts of the last speech made by Bernard S. Deutsch, late President of the Board of Aldermen, N. Y. C. (3 pages.) LEGAL DISCRIMINATIONS AGAINST RELIGIOUS DISBELIEVERS. A survey of state laws affecting the testimony of atheists and disbelievers in a per­ sonal God. (8 pages.)

MEMORANDUM IN OPPOSITION TO THE INDIANA LAW OF ] 9'> 'i BARRING FROM THE BALLOT CERTAIN POLITICAL PARTIES, by Samuel P:ml Puner and Alexander Stone. (25 pages.) METHODS OF COMBATING THE THIRD DEGREE, with draft of proposed law. (10 pages.) THE RIGHT OF ASYLUM. A statement of the restrictions on the entry of political refugees, and provisions for their deportation, with bill pending inl Congress. (17 pages.) STERILIZATION LAWS AFFECTING CRIMINALS. (12 pages.) THE STRANGE CASE OF MRS. EATON. Facts in a divorce case in New Jersey in which a mother was denied custody of her children because of her opinions. (3 pages.) Reprints ALICE IN JUSTICE-LAND. Reprint of a delightful burlesque on free speech, by Jake Falstaff. (11 pages.) FOR FREE SPEECH, by Osmond K. Fraenkel. From the Menorah Journal, April-June, 1936. (6 pages.) FREEDOM OF SPEECH IN ILLINOIS IN 1935, by Senator James O. Monroe. Address for repeal of the sedition act. (40 pages.) THE SACRAMENTO CRIMINAL SYNDICALISM CASES; reprinted from the bul­ letin of the International Juridical Association. (4 pages.) SUPREME COURT DECISION, denying review of conviaion of Angelo Hern­ don for "inciting to insurrection," with dissent by Justice Cardozo. (8 pages.) SUPREME COURT DECISION ON MILITARY TRAINING in the cases of two Methodist students at the University of California. (16 pages.) SUPREME COURT DECISION IN THE MOONEY CASE. (6 pages.) USE OF MILITARY FORCE IN DOMESTIC DISTURBANCES, by Herbert Abrons. From the Yale Law Journal of March, 1936. (18 pages.)

[80 ) How GOES THE BILL OF RIGHTS?

The Union also advertised and distributed the following publications of other organizations: AMERICANISM, a statement by a committee of the New York County Amer­ ican Legion. Farrar and Rinehart. (16 pages.) THE CASE OF ANGELO HERNDON, convicted of incitement to insurrection in Georgia. Joint Commirtee to Aid the Herndon Defense. (16. pages.) CENSORED! Record of recent theatre censorship. National Committee Against Censorship of the Theatre Arts. (32 pages.) CIVIL RIGHTS IN THE SOUTH. Summary for 1934-1935. Southern Com­ mittee for People's rights. (Mimeographed.) CURRENT ISSUES IN CIVIL LIBERTIES. Summary of laws and prosecutions compiled by Information Service of rhe Federal Council of the Churches of Christ in America. (4 pages.) LAWLESS JUDGES. A case study of lawlessness on the ben~ by Louis P. Goldberg and Eleanore Levinson. (303 pages.) THE MILITIA. A study of the use of state troops in breaking strikes, by Walter Wilson. Tomorrow Publishers, New York. (32 pages.) THE MOB STILL RIDES, a review of the lynching record, 1931-35. Com­ mission on Interracial Cooperation. (24 pages.) EDUCATIONAL FREEDOM AND DEMOCRACY. A statement of educational freedom and a code of ethics for teachers by the National Advisory Council on Educational Freedom. (11 pages.) OATHS OF LOYALTY FOR TEACHERS, by Henry R. Linville, American Federa­ tion of Teachers. (48 pages.) OUR AMERICAN DREYFUS CASE. A challenge to California justice, by Lillian Symes. Reprint of article in Harper's Magazine, with related documents. Inter-Religious Committee for Justice for Thomas J. Mooney. (48 pages.) THE PLIGHT OF THE SHARE-CROPPER, by Norman Thomas, dealing particu­ larly with Southern Tenant Farmers Union in Arkansas. League for Industrial Democracy. (34 pages.) THE RIGHT OF ASYLUM, by Charles Recht, New York attorney. A historical survey. The Social Economic Foundation, Inc. (36 pages.) SCOTTSBORO--THE SHAME OF AMERICA. A story of the case. Scottsboro Defense Committee. (32 pages.) THE SCOTTSBORO CASE. Opinion of Judge James E. Horton granting a new trial. Scottsboro Defense Committee. (28 pages.) [ 81 ] How GOES THE BILL OF RIGHTS?

SPYING ON WORKERS, by Rpbert W. Dunn. Story of the labor spy,-who he is, how he works, how to beat him. International Publishers, New York. (32 pages.) STRIKES UNDER THE NEW DEAL, the record and analysis. League for In­ dustrial Democracy. (72 pages.) TAMPA-TAR AND TERROR. Story of kidnapping and beating of three or­ ganizers for the unemployed, with death of one. Committee for the Defense of Civil Rights in Tampa. (16 pages.)

Periodical Publications THE CIVIL LIBERTIES QUARTERLY, with a summary of the chief events, has been issued regularly, sent free to all Union members. THE ARBITRATOR, a monthly published by William Floyd, takes a page of notes on civil liberties issues prepared by the Union's office. WEEKLY PRESS RELEASES go out to several hundred newspapers and peri­ odicals all over the country and to friends interested to keep up with current happenings. Members of the Union who so desire get these bulletins for $1.50 a year, (or free to members paying dues of $10 and over). The Union has aided financially in the publication of the bulletins of the International Juridical Association, an organization of ·lawyers interested in labor and civil liberties cases, ably edited. It is a praaical service to lawyers all over the country. Subscription is $1.00 a year.

[ 82 ] Treasurer's Report for the fiscal year ending January 31, 1936

OPERATING FUND Balance from 1934 $ 420.85

J1'!COME Contributions $22,508.61 Literature sales 109.62 Interest on investments 380.57

$22,998.80

EXPENDITURES: Office salaries $ 6,372.76 Executive salaries . 3,825.00 Pamphlets and literature . 2,163.69 Postage .. 2,057.56 Stationery and printing . 1,810.90 Rent and light . 1,460.59 Telephone .. 710.99 Office supplies ~ . 705.09 Multigraphing and mailing .. 485.14 Telegrams and messengers .. 444.63 Bookkeeping and auditing . 360.00 Newspapers and clippings .. 333.63 Traveling . 121.75 Meetings and dinners . 92.68 Special counsel . 70.47 Binding files . 19.50 Miscellaneous expenses . 22.16

$21,056.54 Surplus for the year $1,942.26 Less depreciation of equipment, charged off 108.74

$1,833.52 Surplus at close of year ...... $2,254.37 [ 83 ] SPECIAL FUNDS 1. Summary This table shows total receipts and disbursements in all special funds outside the Operating Fund, including $3,132 taken from the McMurtrie Fund. The detailed accounts of each activity are given later. This table will make clear the operations as a whole. Income Expenditures Special funds for defense in court and campaigns $4,102.41 $3,913.49 Legislative campaigns 4,175.55 4,175.55 Local and affiliated committees 370.50 1,786.22 Injunction fund...... 189.55 189.55 International Juridical Asso. Bulletin 150.00 150.00 Censorship fund 106.98 106.98 Academic freedom 101.08 481.71 Book fund 18.50 38.62

$9,214.57 $10,842.12 The deficit was met from a balance in special funds from the pre­ ceding year. In addition, the Union raised from members and friends $3,663 for the Scottsboro and Tom Mooney cases, which was transmitted to the defense committees. 2. Detailed Accounts These are treated in two groups; first, special fund accounts, and second, trust funds. All the accounts show total receipts and expenditures to January 31, 1936. I. FUND ACCOUNTS Defense in Court and Campaigns This is the general account of funds contributed for defense cases in the courts, both for specific and undesignated cases. In addition, funds for the same purpose were taken from the McMurtrie Fund. Balance from 1934 $3,050.13 RECEIPTS: Contributions from friends $4,102.41 EXPENDITURES: 1. Aid to local and affiliated committees (see account) ...$1,415.72 2. Legal aid and public hearing at Wilkes-Barre con- cerning violations of rights of the United Anthra- cite Miners Union . 457.61 3. Academic freedom (see account) .. 380.63 4. Study of activities of professional patriots . 342.89 5. Toward defense of strikers at Consumers Research, Washington, N. J. 252.28 [ 84 ] 6. Defense of I.W.W. strikers at Cleveland, Ohio . 251.44 7. For the fight of the Newark, N. J. Ledger, New- spaper Guild, against an injunction . 250.00 8. Expenses in contesting attempted deportation of John Strachey . 237.38 9. Traveling expenses and investigation by attorneys in Gallup, N. M. riot cases . 201.31 10. Attorneys' fees and expenses in sharecroppers cases, Arkansas . 178.04 11. Attorney's fee, bond and expenses in picketing test in strike of shoeworkers, Summit, N. J. . 154.73 12. Attorneys' fees and expenses in contesting martial law in Terre Haute, Ind .. 152.04 13. Attorney's fee and expenses in appeal of Fargo, N. D. strike riot cases . 114.18 14. Preparation of brief in appeal to the Oregon Su­ preme Court from a conviction for criminal syn- dicalism (Kyle Pugh) .. 101.02 15. For expenses in appeal of Leonard W. McIntosh case, Virgin Islands . 100.00 16. Attorney's fee and expenses in contesting the clos­ ing of public parks to meetings at Portland, Me.... 99.20 17. Censorship and injunction campaigns (see ac- counts) .. 90.53 18. Pamphlets on the Scottsboro case . 89.58 19. Expenses in contesting deportation of Sallito and Ferrero, California . 87.13 20. Attorneys' expenses in cases against striking unem- ployed workers at Morganfield, Ky . 86.35 21. Expenses in connection with the kidnapping of three organizers of the unemployed, Tampa, Fla. 78.60 22. For organizing conference on Indian civil rights legislation, Washington, D. C. .. 74.18 23. Drafting bill for civil form of government for the Virgin Islands .. 50.00 24. Cases under $50 . 269.81 25. Special funds appeals, postage, multigraphing, mailing, stationery . 195.19

Total expenditures $5,709.84 Deficit for the year 1,607.43 Balance at close of year $1,442.70 [ 85 J Legislative Campaign

RECEIPTS: Contributions from friends :$1,192.67 Appropriated from McMurtrie Fund 2,982.88

Total receipts $4,175.55

EXPENDITURES: Legislative counsel, fees and expenses $1,509.88 Clerical work including multigraphing and mailing 637.87 Postage 534.16 Pamphlet printing 397.45 Telephone 243.45 Telegrams 229.25 Aid to local committees and outside groups on legis- lative work .. 205.00 Stationery and printing . 152.18 Trips to Washington, D. C. for legislative hearings 130.66 Advertising .. 60.00 Newspapers and clippings . 48.60 Miscellaneous .. 27.05

Total expenditures $4,175.55

Academic Freedom RECEIPTS: Contributions from friends $ 101.08

EXPENDITURES: Campaign against teachers' loyalty oath law, New York State $132.34 Expenses in connection with hearings, case of Lein- hard Bergel 59.69 Attorneys' expenses in cases of University of Michigan students . 33.50 Investigators' expenses in case of Granville !-:Licks .. 15.00 Office expenses charged to academic freedom wor~ .. 241.18

Total expenditures $ 481.71 Deficit, paid from Special Funds $ 380.63 [86 ] Aid to Local Committees RECEIPTS: Contributions from friends $ 370.50

EXPENDITURES: Chicago Civil Liberties Committee $750.00 Massachusetts Civil Liberties Committees 310.00 New York City Committee 200.13 Northern California Branch 200.00 Pennsylvania Civil Liberties Committee 170.86 Michigan Conference for Protection of Civil Rights 100.00 St. Louis Civil Liberties Committee 50.00 New Jersey Civil Liberties Committee 5.23

Total expenditures $1,786.22 Deficit, paid from Special Funds $1,415.72

Censorship Fund RECEIPTS: Contributions from friends $ 93.00

EXPENDITURES: Office expenses for censorship work $106.98 Deficit, paid from Special Funds : $ 13.98

Injunction Fund RECEIPTS: Contributions from friends $113.00

EXPENDITURES: Office expenses for injunction work $189.55 Deficit, paid from Special Funds $ 76.55

Book Fund Balance from 1934 $157.48

RECEIPTS: Income from sales $18.50

EXPENDITURES: For books purchased $38.62 Deficit for year $ 20.12 Balance at close of the year $137.36 [ 87 J II. TRUST FUNDS

McMurtrie Fund (A bequest from Miss- Mary McMurtrie of Philadelphia) Balance from 1934 $36,276.19

RECEIPTS: Interest and dividends $ 1,100.91

EXPENDITURES: Estate expenses $ 78.12 Old loans charged off . 374.40* For legislative campaigns .. 2,982.88 For Internarional Juridical Association Bulletin . 150.00

Total expenditures $ 3,585.00 Decrease in fund for the year 2,573.49 Balance at close of the year $33,702.70

*For the citizenship case of Mohammed Al Raschid; Centralia Publicity Committee and the Commirree to aid Forrest Bailey.

Revolving Loan Fund Principal, Feb. 1, 1935: Cash in bank $411.07 Loans made during the year and repaid: Kentucky Miners Defense Committee $100.00 Tampa Defense Committee 100.00 Cleveland I.W.W. Defense Committee 200.00

$400.00 Balance, cash in bank Feb. 1, 1936 $411.07

Trust Fund Under Deed of Gift Security held in trust under deed of gift is represented by a $1,000 bond of the Portland General Electric Company bearing interest at 5% and maturing in 1960. The income from this bond accrues to the donor until his death.

[88 J BALANCE SHEET, JANUARY 31, 1936

CURRENT ASSETS:

Cash on hand in banks $ 5,956.99 Loans receivable (from defense organizations) 485.00

Total current assets $ 6,441.99

INVESTMENTS: Stocks, bonds and real estate 34,776.89

FIXED ASSETS: Furniture and fixtures at depreciated value .. 299.74

Total Assets $41,5J.8.62

LIABILITIES AND NET WORTH: Accounts payable .. 669.74 Deferred contributions .. 250.00 Operating and general reserve $ 7,376.40 Trust funds reserve 33,222.48

Total net worth (subject to adjustment for differ­ ence between book and marker value of invest- ments) 40,598.88

Total liabilities and net worth $41,518.62

r89] CERTIFICATE

American Civil Liberties Union, Inc. . We have audited the accounts of the American Civil Liberties Union, Inc., for the year ending January 31, 1936, and, in our opinion the accom­ panying Balance Sheet correctly sets forth the Union's financial condition as of January 31, 1936. COOPERATIVE LEAGUE ACCOUNTING BUREAU.

NOTE:-A complete copy of the auditor's report will be sent to any con­ tributor who requests it. It is not printed in full here because it is too tech­ nical to be understood without the explanations given in this report. The operating and special fund accounts given here are all taken from the audi­ tor's report. 'Fhe Union's financial methods and accounting are endorsed by the National Information Bureau, 215 Fourth Avenue, New York City, an agency formed to advise contributors.

[90 } OFFICERS

DR. HARRY F. WARD, chairman; HELEN PHELPS STOKES, JAMES H. MAURER and RT. REV. EDWARD L. PARSONS, vice-chairmen; B. W. HUEBSCH, treasurer; ROGER N. BALDWIN, director; LUCILLE B. MILNER, secretary; ARTHUR GARFIELD HAYS and MORRIS L. ERNST, counsel.

BOARD OF DIRECTORS including the officers, except the vice-chairmen, and

ROBERT W. DUNN CORLISS LAMONT WILLIAM G. FENNELL FLORINA LASKER HAROLD E. FEY FRANK L. PALMER OSMOND K. FRAENKEL W. CHARLES POLETTI WALTER FRANK ELIOT D. PRATT JOHN HAYNES HOLMES ELMER RICE QUINCY HOWE WILLIAM B. SPOFFORD SIDNEY HOWARD NORMAN THOMAS A. J. Iss ERMAN MARY VAN KLEECK DOROTHY KENYON RAYMOND L. WISE

NATIONAL COMMITTEE

Han. Charles F. Amidon Prof. Felix Franfurter Prof. William 1. Nunn Hon. George W. Anderson Dean Lloyd K. Garrison Julia S. O'Connor Parker Dr. Harry Elmer Barnes Kate Crane Gartz William Pickens John Beardsley Norman Hapgood Amos Pinchot Herbert S. Bigelow Powers Hapgood Jeannette Rankin Bishop Edgar Blake Rev. Hubert C. Herring Prof. Edward A. Ross Prof. Edwin M. Borchard Rev. John Haynes Holmes Dean Elbert Russell Bishop Benjamin Brewster Charles H. Houston John Nevin Sayre Heywood Broun Sidney Howard Rt. Rev. William Scarlett Prof. Richard C. Cabot Frederic C. Howe Joseph Schlossberg John S. Codman Henry T. Hunt Prof. Vida D. Scudder Clarence Darrow Prof. James Weldon Johnson Rabbi Abba Hillel Silver Margaret DeSilver Dr. George W. Kirchwey John F. Sinclair Praf. John Dewey Dr. John A. Lapp Prof. Clarence R. Skinner Dr. James H. Dillard Agnes Brown Leach Norman M. Thomas John Dos Passos Dr. Hemy R. Linville Edward D. Tittmann Robert W. Dunn .Prof. Robert Morss Lovett Millie R. Trumbull Sherwood Eddy Mary E. McDowell Oswald Garrison Villard Elizabeth Glendower Evans Anne Martin B. Charney Vladeck John F. Finerty Prof. Alexander Meiklejohn George P. West Elizabeth Gurley Flynn Prof. Henry R. Mussey Peter Witt Walter Frank A. J. Muste 1. Hollingsworth Wood: Prof. Walter Nelles [ 91 J LOCAL COMMITTEES

California NORTHERN CALIFORNIA BRANCH, 434 Mills Bldg., San Francisco Dr. Charles A!. Hogan, chairman; Ernest Besig, director SANTA BARBARA COMMITTEE, 340 Channel Drive Dr. Oliver Hart Bronson, chairman; Mrs. Thomas M. Dillingham and Mrs. E. F. Hiammond, secretaries SOUTHERN CALIFORNIA BRANCH, 624 American Bank Bldg. Los Angeles Dr. Edwin P. Ryland, chairman; Clinton J. Taft, director

CHICAGO CIVIL LIBERTIES COMMITTEE, 160 N. LaSalle St. Jessie F. Binford, chairman; Ira Latimer, secretary

lOWA CIVIL LIBERTIES UNION, 1120 Capitol Theatre Bldg., Des Moines Prof. Edward S. Allen, chairman; Carl Bogenrief, secretary MARYLAND CIVIL LIBERTIES COMMITTEE, 513 Park Ave., Baltimore Dr. Arthur O. Lovejoy, chairman; Elisabeth Gilman, secretary

Massachusetts MASSACHUSETTS CIVIL LIBERTIES COMMITTEE, 20 Pemberton Square, Boston George E. Roewer, chairman; A. Frank Reel, secretary WESTERN MASS. CIVIL LIBERTIES COMMITTEE, Amherst Prof. Colston E. Warne, chairman

Michigan ANN ARBOR CIVIL LIBERTIES COMMITTEE, 1403 Packard St. John Dawson, chairman; Edith M. Bader, secretary DETROIT CIVIL LIBERTIES COMMITTEE, 401 W. Jefferson St. Rev. John H. Bollens, chairman; Fannie Ziff, secretary

NEW JERSEY CIVIL LIBERTIES UNION, 24 Commerce St., Newark Rev. Archey D. Ball, chairman; Rev. Jay Wright, secretary

New York NEW YORK CITY CIVIL LIBERTIES COMMITTEE, 31 Union Square West Florina Lasker, chairman; Charles Clift, secretary ERIE COUNTY CIVIL LIBERTIES COMMITTEE, 48 Irving Place, Buffalo Dean Julian Park, chairman; Miss C. 1. Claflin, secretary

NEW MEXICO CIVIL LIBERTIES COMMITTEE, Box 1119, Sante Fe Michael Shepard, chairman; KathariQe Gay, secretary [92 ] Ohio CINCINNATI CIVIL LIBERTIES COMMITTEE, 147 Mason St. Dr. George A. Hedger, chairman; Mary D. Brite, secretary CLEVELAND CIVIL LIBERTIES COMMITTEE, 1013 Society for Savings Bldg. Rev. John Sommerlatte, chairman; Harry J. Dworkin, secretary; George PaIda, counsel

PORTLAND (OREGON) CIVIL LIBERTIES COMMITTEE, 1806 S.W. High St. David C. Epps, chairman; Samuel Lockwood, Jr., secretary Pennsylvania PENNSYLVANIA CIVIL LIBERTIES COMMITTEE, Box 863 Harrisburg Dr. Philip David Bookstaber, chairman PHILADELPHIA CIVIL LIBERTIES COMMITTEE, 215 S. Broad St. Edward Davis, chairman PITTSBURGH CIVIL LIBERTIES UNION (a delegate and membership body). Permanent officers not yet elected Benjamin Sigal, lawyer, Finance Bldg., temporary secretary

ST. LOUIS CIVIL LIBERTIES COMMITTEE, Paul Brown Bldg. Walter Diehm, chairman; Victor Harris, secretary SEATTLE CIVIL LIBERTIES COMMITTEE Irving M. Clark, chairman; Bellevue, Wash. WASHINGTON (D. C.) CIVIL LIBERTIES COMMITTEE, 505a Insurance Bldg. John F. Finerty, chairman; Gardner Jackson, vice-chairman; Frederick A. Ballard, counsel; Elizabeth Higgins, assistant secretary WISCONSIN CIVIL LIBERTIES COMMITTEE, 15 E. Dayton St., Madison Rev. George 1. Collins, chairman; Rev. W. R. HPlloway, secretary

The Union also cooperates with the following organizations not affiliated: KANSAS CIVIL RIGHTS COMMISSION, 121 West 6th Ave., Topeka George DeWitt Foos, chairman CONFERENCE FOR PROTECTION OF CIVIL RIGHTS, 310 Hofmann Bldg., Detroit Rev. J. H. Bollens, chairman; Hon. Patrick H. O'Brien" counsel; Marie Hempel, secretary PROFESSIONAL LEAGUE FOR CIVIL RIGHTS, 910 Majestic Bldg., Detroit Frank E. Hartung, chairman; Lillian Walerstein, secretary OHIO LEAGUE FOR CONSTITUTIONAL RIGHTS, Ohio State Univ., Columbus Judge Robert N. Wilkin, chairman; Robert E. Mathews, secretary PORTLAND (MAINE) LEAGUE FOR PEACE AND FREEDOM, 97 Exchange St. Rev. Vincent B. Silliman, chairman; Mrs. Francis O'Brien, secretary SOUTHERN COMMITTEE FOR PEOPLE'S RIGHTS, Box 665, Chapel Hill, N. C. Donald H. Stewart, chairman; Olive Stone and Elizabeth Winston Malcombre, secretaries [93 ] STATE CHAIRMEN Alabama: Rev. Charles H. S. Houk, 832 Oxmoor Road, Birmingham Arkansas: Kenneth Coffelt, New Donaghey Bldg., Little Rock California: Clinton J. Taft, 624 American Bank Bldg., Los Angeles Colorado: Rev. Edgar M. Wahlberg, Grace Community Church, 210 W. 13th Ave., Denver Connecticut: A;. C. Worley, New Milford Times, New Milford Delaware: Louis L. Redding, 1002 French Street, Wilmington Georgia: Rev. Dr. P. D. McGeachy, 218 Sycamore St., Decatur Idaho: Ray McKaig, 1922 North 21st St., Boise Illinois: Jessie F. Binford, 816 S. Halsted St., Chicago Indiana: Rev. B. R. Johnson, 111 Downey Ave., Indianapolis Iowa: Prof. Edward S. Allen, Iowa State College, Ames Kansas: Prof. Seba Eldridge, University of Kansas, Lawrence Kentucky: Byron Pumphrey, 316 Citizens Bank Bldg., Lexington Louisiana: Isaac S. Heller, Canal Bank Bldg., New Orleans Maine: Prof. Elbridge Sibley, Bowdoin College, Brunswick Maryland: Elisabeth Gilman, 513 Park Ave., Baltimore lvlassachusetts: A. Frank Reel, 20 Pemberton Square, Boston Minnesota: George Leonard, Andrus Bldg., Minneapolis Mississippi: Jo Drake Arrington, 411 Hewes Bldg., Gulfport Missouri: Dale R.o Johnson, 6925 Columbia Ave., University City Montana: Daniel S. McCorkle, Conrad Nebraska: Anson H. Bigelow, 1030 City National Bank Bldg., Omaha Nevada: Martin J. Scanlan, 307 Lyon Bldg., Reno New Hampshire: Prof. Philip M. Marston, Univ. of New Hampshire, Durham New Jersey: Prof. Edward A. Fuhlbruegge, 173 Park A:ve., East Orange New Mexico: Edward D. Tittmann, Hillsboro North Carolina: Dean Elbert Russell, Duke University, Durham North Dakota: Prof. Herbert C. Hanson, N. D. Agricultural College, Fargo Ohio: Prof. Lawrence A. Sears, Ohio Wesleyan University, Delaware Oklahoma: Tupper Jones, Oakwood Oregon: Ross W. Anderson, 3324 S.E. Woodward St., Portland Pennsylvania: Dr. Philip D. Bookstaber, P.O. Box 863, Harrisburg Rhode Island: Sigmund W. Fischer, Jr., 1002 Union Trust Bldg., Providence South Carolina: Charlotte Stevenson, 1025 Pope St., Columbia South Dakota: W. C. Rempfer, Parkston Tennessee: Prof. William R. Amberson, University of Tennessee, Memphis Texas: George Clifton Edwards, 502 N. Texas Bldg., Dallas Utah: Alfred Sorenson, 435 East 17th St., Salt Lake City Vermont: Rev. Dayton T. Yoder, 164 Main St., Montpelier Virginia: Virginius Dabney, Richmond Times Dispatch, Richmond Washington: Mrs. Charles Enoch Allen Bennett, 419 Boylston N., Seattle West Virginia: Henry M. Russell, Register Bldg., Wheeling Wisconsin: George L Collins, 421 N. Park St., Madison Wyoming: Rev. Roy Hills, Casper [94 ] COMMITTEES OF THE UNION

Co~mittee on Academic Freedom PROF. E. C. LINDEMAN, chairman ELLEN K. DONOHUE, secretary

Committee on Alien Civil Rights DAVID M. W AINHOUSE, chairman LUCILLE B. MILNER, secretary

Committee on Indian Civil Rights PROF. JAY B. NASH, chairman ROBERT GESSNER, secretary

National Committee on Labor Injunctions FORMER U. S. JUDGE CHARLES F. AMIDON, chairman ALEXANDER FLEISHER, secretary

National Council on Freedom from Censorship PROF. HATCHER HUGHES, chairman CLIFTON R. READ MRS. MILDRED UNGER, secretaries

DEFENSE AGENCIES (in which the Union participate~) COMMITTEE FOR THE DEFENSE OF CIVIL RIGHTS IN TAMPA, 112 East 19th St. Norman Thomas, chairman; Aron Gilmartin, secretary

JOINT COMMITTEE TO AID THE HERNDON DEFENSE, 112 East 19th St. Mary Fox, secretary-treasurer

KENTUCKY MINERS DEFENSE COMMITTEE, 94 Fifth Avenue Herbert Mahler, secretary-treasurer

NATIONAL DEFENSE COMMITTEE FOR THE SOUTHERN TENANT FARMERS UNION, 112 East 19th St. Aron Gilmartin, secretary; Dr. Hubert Herring, treasurer

SCOTTSBORO DEFENSE COMMITTEE, 112 East 19rh St. Rev. Allan Knight Chalmers, chairman; Morris Shapiro, secretary

[ )is ] 11" Associate membership with subscription to Quarterly Bulletin and annual review-one dollar.

11" All pamphlets in addition-two dollars a year.

11" Publicity service-free to interested periodicals and writers and contributors of $10 and over. To others-one dollar and fifty cents a year.

11" The services of lawyers, correspondents, writers, speakers and investigators are invited anywhere in the United States. Contribu­ tions in any amount always welcomed and needed.

Friends who are making provIsIons in their wills for aid to public causes will please note that bequests either for general or special -'work for civil liberties should be drafted to refer to the American Ciyil Liberties Union, Inc., a corporation organized under the laws 0/ New York State with headquarters in New York City.

AMERICAN CIVIL LIBERTIES UNION, 31 Union Square West New York City Date . I suggest you send copies of this story of your year's work to. the following likely to be interested:

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