Honolulu Record, August 19, 1948, vol. 1 no. 2, p. 1
Dr. Loper Explains Charges Preferred Against Teachers
Honolulu Record, August 19, 1948, vol. 1 no. 2, p. 1
Dr. Loper Explains Charges Preferred Against Teachers
A circular letter condemning communism written by School Superintendent W. Harold Loper and distributed among school principals early this year contains more than meets the layman's eye.
This was the general consensus of opinion at the "Reinecke hearing" this noon (Tuesday) when after several hours of questioning, Defense Attorney Richard Gladstein had covered only eight to ten lines of the 70 page letter.
During the cross examination Dr. Loper reiterated what Louis Budenz repeated on the witness stand last week—that the Communist Party of the USA is a fifth column of Russia."
Voorhees Act
Mr. Gladstein, San Francisco attorney, who is defending Dr. and Mrs. John Reinecke who were suspended from their teaching positions on charges of Communist Party affiliation and not possessing the ideals of democracy—questioned Dr. Loper if he know of the Voorhees Act. This Act requires all foreign agents to register with the government. Dr. Loper answered he did not.
The Defense Attorney stated that after exhaustive investigations by the FBI and the Justice Department, no evidence has been found indicating the American Communists are foreign agents. He also stated that the American Communists do not register under the Act.
Asked where he had obtained information that the Communists are. a "fifth column of a foreign power," Dr. Loper stated that he had heard from former members of the Communist Party, such as Mr. Budenz.
Mr. Gladstein again brought out the information which appeared in the Honolulu Advertiser last week that a New York grand jury investigation which took three years and $500,000 had not uncovered evidence that the Communists engage in espionage activities.
Espionage Evidence Lacking Mr. Budenz had testified before this grand jury, Mr. Gladstein said, and if the information he had supplied was substantial the Justice Department would have convicted the Communists Mr. Budenz accused of espionage.
When the questions of communism and "force and violence" were discussed, Dr. Loper was asked whether he had read the constitution of the Soviet Union or that of the U.S. Communist Party. He replied he had not, and that he had not read basic books on Marxism, but he had formed his conclusions through reading newspapers and magazines and listening to ex-Communists. He also stated that he had not read nor studied teachings in Communism. Asked if he had seen "force and violence" advocated in any Communist writings, Dr. Loper admitted he had not.
Democratic Concepts When Dr. Loper said that because of "their association" with the Communist Party, the Reineckes are not imbued with the concept of democracy, Mr. Gladstein defined some of the basic concepts of democracy, to which Dr. Loper agreed. They were:
1. That democracy is not static but dynamic.
2. That all sovereign power resides in the people.
3. That the people have the right to conduct revolution if they chose to.
4. That they have the right to get together to have their views expressed.
5. That they have the right to experiment with the economic system and to bring about changes as they desired.
"Isn't it a part of the democratic tradition for one "class of people to struggle against another?" Mr. Gladstein asked.
He asked also whether working men and women did not have the right to struggle peacefully to further their well-being to get concessions from the ruling class."
Dr. Loper said, "Yes." Mr. Gladstein followed this by asking if Dr. Loper did not agree that formerly the "ruling class" had oppressed the "working class,"
Guilt by Association
When Dr. Loper stated that he did not know, Mr. Gladstein pointed out that most of the states once had property qualifications on one's right to vote.
He asked the School Superintendent if this was not a proof of the restraint put on the working class by the capitalists." Dr. Loper agreed.
The defense attorney gave as a modern example of such restraint the poll tax system in the South. During his fine "tooth and comb" examination of Dr. Loper's circular letter, Mr. Gladstein read from the judicial opinion of Supreme Court Justice Charles Evans Hughes that guilt was a personal matter and cannot be determined by "association."
Then Dr. Loper was asked, in connection with his charges against the Reineckes: Do you say that a person can be found guilty on the basis of association rather than on personal guilt? Dr. Loper did not answer immediately.
At this point the courtroom was quiet and all eyes were focused on the Superintendent who had based his charges against the Reineckes on "association."
Board not Qualified
During Monday's hearing, Dr. Loper stated to Mr. Gladstein that a school teacher can read and accept the teachings of Marxism that he can form Marxist study groups and even form a Marxist party, without being disqualified from his teaching position. He qualified his statement, however by saying that if such a party was not a fifth column of a foreign power. Under close questioning, Dr. Loper answered that the School Board was not qualified to investigate into matters of "fifth column."
But, he said, the board members have an obligation under law to satisfy themselves. At one point in the hearing Mr. Gladstein asked if the Democratic Party itself did not have elements of dictatorship.
To this question Dr. Loper said he did not know since he was not a member of the Democratic Party. "Then you are a member of the Communist Party?" he was asked since he was giving his views of this particular party. Dr. Loper, the second witness to take the stand, followed Mr. Budenz who at 2:40 p.m. last Saturday ended his testimony by answering the $64 question put to him by Mr. Gladstein.
"Do you feel that the American people have the constitutional right to form an open party — which has no connection with the Soviet Union or with any foreign country — which believes in Socialism or Communism?"
Without hesitation the witness from the mainland replied, "I do." The Reinecke hearing is expected to continue throughout the week and, most probably, even longer.