x Padlock Law repeal national drive aim ‘ OTTAWA A nation-wide campaign for the repeal of Quebec’s Padlock Law will be launch- ed shortly, an enlarged meeting of the national executive committee of the League. for Democratic Rights and the Montreal Civil Liberties Union has decided. The meeting, attended by trade unionists and delegates from Montreal, Toronto, Windsor and Ottawa, agreed that the League for Democratic Rights should carry its campaign against Premier Dupplessis’ legislation to the Supreme Court and the Privy Council if necessary. Issuance of a national monthly publication on civil liberties and a stepping up of the campaign against the anti-democratic sections of Bill 7, the Criminal Code amend- ments now before the Senate, were also approved. Jimcrow charged in| Duncan medical clinic Jimcrow has lifted its head again in British Columbia. VICTORIA, B.C. A new $95,000 medical building in Duncan has separate entrances and wait- ing rooms for white and Indian patients. The situation was first brought to public attention by Prof. J. H. Cunningham, president of the Indian Arts and Welfare Society in Victoria. Chamber hits witch- hunters VICTORIA, B.C. A blast at the witch-hunting ‘activities of Victoria Chamber of Commerce groups has come from the Chamber of Commerce in near- by Central Saanich. Without, mentioning the Victoria bodies by name, a resolution from the Central Saanich group blasts the “growing and dangerous” ten- dency of groups, associations and persons constituting themselves self-appointed investigators to re- port and label individuals as Com- munists. The resolution which will be for- warded to the June meeting of the Associated Chambers of Com- merce meeting at Parksville asks the ACCVI to go on record as “be- ing against such undemocratic smearing of the character and re- putation of the individual” — an obvious reference to the Marshall case. The resolution points out that __ these witch-hunts can harm inno- cent people. It says that “such investigations into subversive activities are the sole responsibility of the RCMP.” “Everything in Flowers” * FROM... EARL SYKES $ 56 E. Hastings St. PA, 3855 | MANCOUVER, B.C. REAL ESTATE TO BUY SELL EXCHANGE Call _ MARSHALL JOHNSON Glen. 1891-R sd EM, 2167 CAMBIE REALTY Lp. . Member Co-op Listing Bureau Vancouver Real Estate Board TUTE ne tent : -=|| R.R.1 White Rock - Phone 5661 =Castle Jewelers: = _ Watchmaker and ; = . Jewelers = Special Discount to 6 ZENITH CAFE = Pry all Tribune Read- 105 EH i = YN ers. Bring this ad . Hastings Street = Ww with you Vancouver, B.C. = 752 Granville St. UNION HOUSE Spveuasieiey . . ST know it’s their own affair how they want to run their building,” Prof. Cunningham said of the doc- tors, “but it’s a lousy system and not in keeping with the present day tendency to break down racial and color barriers.” “Unfortunately,” he said, “min- orities have to suffer this Way.” Prof. Cunningha charged that Duncan had always had “queer ideas” about race. He recalled an attempt in the Past to segregate Indian and white children in the schools. Mrs. W. C. Cryer, an official of the Indian Arts and Welfare, said the doctors’ action was “not in keeping with Canadian ‘principles.” “T’'ve heard of Negroes being seg- regated in the United States,” she said; “but I did not think such a thing possible in Canada.” Dr. D. C. McHaffie, speaking on behalf of himself and the three other doctors who operate the clinic, denied there was_any racial segregation. _ He offered the lame explanation that the Indians chose to use the side entrance and the small wait- ing room of their own free will. He added that the original purpose of the separate waiting room was for accident cases and claimed this Was general practice in logging and fishing areas. Prof. Cunningham said that he was satisfied with Dr. McHaffie’s jexplanation. But Duncan sources said that there is no doubt at all that the small plainly-furninshed separate waiting room was intend- ed for Indian use. _The clinic treats some 800 In- dians from the nearby Kowasilah Indian Reserve on behalf of the federal Indian Affairs branch. i The clinic's East indian patients also use the “jimcrow” waiting a Ss. H. BROWN. PLUMBING & HEATING _ 371 Johnson Road Renegade intends to finger 300 SEATTLE Political objectives of the Velde un-American committee have emerged more clearly with the dis- closure by Chairman Harold Him- mel Velde that he has arranged for Mrs. Barbara Hartle to finger 300 alleged “former Communists” at the committee’s hearings here June 14-18. Mrs. Hartle, renegade U.S. Com- munist party official in Washing- ton state, indicated the line of her “testimony” when she said in her statement she is now “convinced” the Smith Act charge against the Commun- ist party is correct. That charge is that the party conspired to teach and advocate the forcible over- flow of the government. No evi- dence to support the charge was produced by any witness at last summer’s long trial. The production-line finger job expected of Mrs. Hartle was dis- closed to the Seattle Times cor- respondent in Washington, D.C. According to the Times’ story, Velde has arranged to have Mrs. Hartle name as ex-Communists “former, state officials, a former Congressman from Washington and representatives of labor and educational organizations.” The committee also leaked word that “it is possible that former Congressmen Hugh DeLacy and Charles H. Savage may be sub- poenaed to be witnesses at the (Se- attle) hearing.” DeLacy and Savage were New Deal Democrats elected with broad labor support. The other former officials as- sertedly to be fingered by Mrs. Hartle were not identified. But observers regard it as certain, in the light of the committee’s con- sistent past practices, that they will be Democrats. Their public identification as “ex- Communists” will be designed to embarrass the state Democratic party on the eve of its state con vention June 19, and to prevent Democrats from holding or increas- ing their present congressional delegation. The only Democratic Congress- man is Don Magnuson. He narrow- ly defeated Al Canwell, McCarthy- ite former state legislator, for the “at large” seat in 1952. Canwell, who has all but announced he will have another try at the post in 1954, is to “assist” the Velde com- mittee at its hearings here. before the Veldeites '*Unconstitutional’ says judge Quebec the ruling majority. Duplessis’ Padlock Law is an unconstitutional violation by the provincial government of freedom of elections and of basic Canadian political rights. The} majority ruling, read by Justice Bernard Bissonnette, holds that the Padlock Law is legal and valid. It upholds a lower court judgment against John Switzman in connection with a claim for $22,170 made against him because provincial police had padlocked Switzman’s leased home on the grounds it had been used to “pro- pagate communism.” Switzman announced that he would appeal the ruling to the Su- preme Court of Canada. He stated that he “does not see how, having done no crime, he could legally be expelled from his house by force in the middle of the night with his wife and baby.” : In his written dissent, Mr. Jus- tice ~Barclay discusses the allega- tion of defense attorneys Marcus and Feiner that the Padlock Law enacts “confiscation of property MAURICE. DUPLESSIS and deprives a person of the use of property without due process of law.” 3 , “I do not intend to discuss the position of the owner or posses- sor,” says Barclay. “It is the posi- tion of the lessee which is of con- cern in this case. Without notice, without trial, and with no opport- unity to be present, he can be deprived of thé premises which he occupies for which he may have paid in advance, as in the present case. These premises are padlock- ed and he is ejected. His books and papers which he owns may be seized, confiscated, and destroyed, and he has no recourse whatso- ever. “Moreover, he is made liable, in- directly it may be, to pay the rent for the 12 months period during which the premises were padlock- ed and he has no defense to that claim. He can thus be punished if the attorney general considers that he has satisfactory proof of an in- fringement. ’ “And, as to what constitutes communism is ‘left entirely to the decision of the attorney general, because as already stated the term is not defined in the act... . law authorizes confiscation and punishment without due process of law, counsel for the attorney gen- eral submits that this law has creat- ed a special tribunal composed of the attorney general, with special jurisdiction, and that the attorney general, in effect, is only exercis- ing the power given under Section CMSs “In my opinion no court has the power to condemn and punish PACIFIC TRIBUNE — MAY 28, 1954 Law challenged It is a strange anomaly of legal history that many great ee ments have been handed down as minority reports, in dissent ag@ Now another such historic minority judgment has been watt by Justice Gregor Barclay in the Court of Queen’s Bench holding t “As to the complaint that this Padlock MONTREAL a person unheard, and any court which attempts to do so is 0) exercising a ‘pouvoir judiciaré ‘ (a legal power).” | f Justice Barclay further in BS dissent against McCarthyism Me Canada, deals with the question 0 whether the Padlock Law infring political freedom in Canada. : “Under the Canada Electioss Act,” he wrote, “any person WHS — is a Canadian citizen or other Bi tish subject, a qualified elector a of the full age of 21, may be a a didate at an election. .. . At the present time there is no Jaw PF® hibiting a Communist from be! a candidate at an election. eee were many such candidates 12 th last Dominion election. “As such ‘they have the sur rights as any other candidate, one can go on the hustings, or in ok or elsewhere to preach their PO tical doctrines so ‘long as they ‘ i not contravene the provisions ? the Criminal Code. As candidalt’ in a dominion election they ote acting as Canadian citizens and a as citizens of any particular tid ince. In my opinion these righ* cannot be cut down by any a ince, whether curtailment applies to communism, or those wio pe lieve in Social Credit, or a Rae servative, or any other politic@ party. : “When one reads the act on whole it is, in my opinion, an 4”. in ‘reality to prevent the propae® tion of communism, and the refet ence to the use of houses is meré put in to give color to the cla) that the act is dealing solely vee property and civil rights within t province. ; ! “The purpose of the act is We stated in its title, “An Act to Be tect the Province Against Comm’, nistic Propaganda.” Under this 4° a person who is a candidate 4. federal election with communls® leanings, may not even spe 4 his own house of his political vieWs without running the risk of bé ny punished and evicted without 47% hearing, and he can be imprisoB” if he dares write about it. . - ° f Further along Barclay points oN that the Padlock Law defin® — “house” as meaning any build nie shelter, penthouse, shed or ere construction ‘under whatsoeY name known or designated. de “This definition would incl¥ the premises of the Cana Broadcasting Corporation {£19 which candidates are allowe a dominion legislation to F° CaSt acca : “To say that a statute wht completely muzzles a candid Sy of given political views in a Way contravenes or encr i ey upon the rights of any Canad citizen given by the Canada E! tions Act is, in my opinion, ° surd.” sated Mr. Justice Barclay ends ai ae port by citing the judgmen rte Chief Justice Duff in the Alb Reference Case: - this “Any attempt to abrogate or" right of public debate or. t? "y, press the traditional forms ° phic exercise of the right (in Press) meeting and through the P pe” would, in our opinion, be incO? tent to the legislatures of the P to the provisions of the | #: 4 North American Act, by wh push Parliament of Canada is est@?°¥6 ed as the legislative orgaD ° people of Canada. .. .” ,— pace?