CHAPTER III

IN WHICH I GET ARRESTED

The purpose of the previous chapter was to explain to you the series of

events whereby it came about that Upton Sinclair, muckraker and enemy of

society, was in the office of the president of the Merchants’ and

Manufacturers’ Association of Los Angeles, at ten o’clock on the morning

of Monday, May 7th, 1923.

My brother-in-law, Hunter Kimbrough, and myself had come without

appointment; at the same time two gentlemen came in who had an

appointment—so a polite clerk explained. I had not presented my card,

and no one there knew either Kimbrough or myself; we were invited to sit

down, and did so, while the other gentlemen were escorted into the inner

office. We made no effort to listen to what went on, but we had to hear

it, because the door of the inner office was left ajar, and the talk was

carried on in tones which caused the clerks in the outer office to drop

their work and look at one another and grin.

“Who is that?” asked the young lady stenographer.

“That’s Mr. Hammond,” was the answer of the chief clerk. “He owns a

couple of hundred thousand acres of timber land, and he’s got about

twenty ships tied up at the harbor.”

“Oh,” said the young lady stenographer, “then he’s got a right to pound

on the table.”

He exercised his right, and pounded, and cursed so freely that the young

lady was moved to get up and close the office door; but still we heard

the uproar. The substance of it was that the San Pedro strike, which had

been on for about two weeks, must be smashed without another day’s

delay. Mr. Rice argued and expostulated; they were doing their best.

Finally he promised there would be “a meeting” that afternoon, and

arrangements would be made. That you may understand clearly, I explain

that Mr. Andrew B. Hammond, president of the Hammond Lumber Company, is

one of the big “open shop” despots of San Francisco, a bigger man even

than Mr. Rice; and he had come down on the night train to lay down the

law to the timid crowd at Los Angeles and insist that his ships be

moved. Wishing to make sure there was no mistake in identity, I engaged

the head clerk in conversation, asking him how long he thought “those

irate ship-owners” would stay in there. He rose to the bait and

discussed the “irate ship-owners,” assuring me that they would not need

to stay much longer; the Merchants’ and Manufacturers’ Association was

not going to have any trouble in opening up the harbor. Subsequently, as

part of the preparing of this manuscript, I wrote to Mr. Hammond, asking

if he cared to deny that he was in Mr. Rice’s office at the hour

specified. He did not reply.

Come now to San Pedro, where three thousand men are fighting to get

their babies a chance to grow up into full-sized human beings. They have

won their strike, they have won it strictly under the law; they have

kept order rigidly—having even smashed the boot-leggers, to the great

dismay of the police! Here again I do not have to ask you to take my

word for it: Police Captain Plummer, in command at the harbor, stated to

my brother-in-law, Hunter Kimbrough, in the presence of several

witnesses, that he had no fault to find with the I. W. W., they were

fine fellows, and had kept order through the strike. Also he stated in

the presence of witnesses: “I smashed that strike.” Before an

investigating committee of the clergymen of Los Angeles he stated: “Yes,

I said that, and I’ll say it again.” Officer Wyckoff—who arrested

us—stated to Hunter Kimbrough, in the presence of two ladies, whose

signed statements I have, that “Black Jack” Jerome, the strike-breaker,

had brought in hundreds of gunmen, heavily armed; Captain Plummer had

disarmed them, but someone saw to it that they received another supply

of arms.

Mr. Hammond and his Shipyard Owners’ Association and his horde of gunmen

having failed to provoke violence, or to move the ships, Mr. Rice must

act; and how is he to act? For ten or twenty years he and his Black Hand

have been preparing for precisely such an emergency; they have been

buying both political machines, and controlling the nominations of all

candidates, so that now they have their own governor, their own

legislators, their own mayor, their own city council, their own chief of

police, and their own judges. They control the governmental machine from

top to bottom; and they give the orders, let this strike be smashed.

The man who put through the job is Asa Keyes, then deputy district

attorney, since promoted to be district attorney as reward for his

efficiency. “The mayor is not handling this situation,” said Chief of

Police Oaks to me. “The man we’re getting our orders from is Asa Keyes,

and if you want to speak at the harbor, see him.” Keyes is the man who

has been enforcing the “suspicion of criminal syndicalism” law; he pays

an army of secret agents and provocateurs, and a year or two ago he

stated to two different informants of mine: “I have spent between four

and five thousand dollars, trying to ‘get’ Kate Crane Gartz and Upton

Sinclair. If ever I become chief, I will spend ten times that amount to

‘get’ them.”

Mr. Rice, Mr. Keyes, Chief Oaks, and Captain Plummer attended the

“meeting” which Mr. Rice promised to Mr. Hammond. “I have attended

several conferences of the Merchants’ and Manufacturers’ Association,”

said the naive Captain Plummer to Hunter Kimbrough, in the presence of

witnesses. “Mr. Rice was present and Mr. Marco Hellman, and others.”

Marco Hellman, the biggest banker of Los Angeles, we shall hear of again

before long.

In the early days of the strike a Presbyterian clergyman and Harvard

graduate was arrested while addressing the strikers, the charge being

“blocking traffic.” Police Magistrate Sheldon, in sentencing him to

jail, said: “Why don’t you hire a hall, or speak upon private property?

Then you will not be molested.” The strikers thought this was good

advice; they found a piece of vacant land, whose lessor was willing for

it to be used for mass meetings, and on this land, known as “Liberty

Hill,” the strikers held numerous meetings. At one of these meetings a

group of them raised the flags of fifteen nations, with the American

flag at the top, and the flag of Russia included. There were Russians

among the strikers, and presumably they thought their country had a

right to be represented.

This incident took place five days after the meeting between Messrs.

Rice and Hammond, and it afforded the pretext for which the police were

waiting. “You’ve lost your constitutional rights now!” shouted Captain

Plummer, and he arrested twenty-eight men for the crime of raising the

red flag. Again and again, in negotiations with the police officials,

and with Mayor George E. Cryer, we were told that this act of raising

the red flag afforded complete justification for the abrogation of all

civil liberties at the harbor. It seems therefore worth noting what

happened some three weeks later, when these men were arraigned in court

upon the charge. Police Magistrate Crawford declared that in his opinion

everyone who displayed a red flag should be sent to prison, but

unfortunately the Supreme Court of California had declared the red flag

ordinance of the city of Los Angeles unconstitutional!

In the three days that followed, the police arrested a total of six

hundred men; they arrested hundreds for attempting to speak on Liberty

Hill; they arrested hundreds for singing and cheering on the street. Any

slightest sign of sympathy with the strike or with other arrested men

was enough to cause a man to be tapped on the shoulder by the police and

told to report at the police station. Crowds of men were surrounded on

the street, loaded into trucks, carted off to the police station, and

packed away in cells. George Chalmers Richmond, Episcopal clergyman from

Philadelphia, was arrested when walking along the street, having in mind

the criminal intention of addressing the strikers when he reached the

place of meeting. A restaurant proprietor was dragged out from behind

his counter and thrown into jail, upon the charge of helping to prolong

the strike—that is, he had fed the strikers and their children. In

describing these incidents, the Los Angeles “Times” stated that the

police announced their intention “to arrest all idle men at the harbor.”

The city of Los Angeles boasts of being the fastest growing city in the

world, but its jails have not grown at all in the last thirty years. To

describe them as death-traps would not be using reckless language, but

merely quoting from reports of one public body after another which has

investigated and denounced them. The jails were already crowded; and

here were six hundred more men suddenly thrust into them! Some of the

“tanks,” built to hold twenty or thirty men, were required to hold a

hundred, and it was literally impossible for all the men to sit down at

once. All the jails were swarming with vermin, there was no bedding

obtainable, and the food was atrocious. These things not being enough,

wanton cruelty and torture was added. In one of the “tanks,” because the

men persisted in singing, the jailers sealed up all the ventilation and

turned on the steam heat for two hours. Ninety-five men were in this

hole, and many of them swooned. Other men were chained up by the thighs,

so that they could not quite sit down. We have the affidavits of several

men to the fact that Chief of Police Oaks personally reviled the

prisoners, calling them liars and degenerates; and when one of the men

spoke up and said this was not true, Oaks called him out from the

“tank,” and in the presence of many witnesses struck him in the face and

knocked him down again and again, pounding him until the chief was

exhausted.

Such was the situation on May 15th. The “Times” for that morning

announced that the city council had appropriated money to build a

stockade, in which to hold the strike prisoners, and all the remaining

strikers at the harbor were to be thrown into this pen. I was about to

begin the writing of this book, but I found it impossible to keep my

peace of mind in a “bull-pen” civilization, and decided to do what I

could to remind the authorities of Southern California that there is

still supposed to be a Constitution in this country.

With seven friends I went to interview the mayor that afternoon. The

interview lasted an hour, and developed curious notions upon the part of

the chief executive of a large city concerning the meaning of civil

rights. According to Mayor Cryer, all the arrests which had been made

night after night on Liberty Hill, and the complete abrogation of the

rights of freedom of speech and of assemblage, were justified by the

fact that somebody unknown had violated the unconstitutional ordinance

of the city of Los Angeles against the displaying of a red flag. The

wholesale arrests of hundreds of men upon the street day after day were

justified by the fact that on one occasion some rowdy unknown had

shouted: “Here comes Captain Plummer, that fat prostitute.” I said: “Mr.

Mayor, according to your way of reasoning, if some one were to upset a

peanut stand on Broadway and steal the peanuts, you would feel justified

in arresting everybody in sight and closing the thoroughfare to traffic

for a month.”

Our mayor is a politician, and cautious. He would not say that it was

the duty of the police to smash the harbor strike, neither would he say

that a group of American citizens had the right to proceed to Liberty

Hill and there read the Constitution of their country and explain to all

who might care to hear them the meaning of the Bill of Rights. His

proposition was that we should go to the harbor and ask permission of

Captain Plummer, and if Plummer refused, the mayor would “review” his

decision. To this we answered that the essence of the situation was

time; the strikers were being robbed of their rights every hour, and

civil liberties were not subject to review by either a police captain or

a mayor. The upshot of the hour’s argument was that Mayor Cryer made the

specific promise that he would telephone to Captain Plummer and instruct

him that we were to be “protected in our constitutional rights, and not

molested so long as we did not incite to violence.” Let it be added that

at his next interview the mayor denied that he had made this promise.

Now, I shall not take up space in detailing what happened to our little

group. Suffice it to say, we repaired to the harbor, a dozen ladies and

gentlemen, with two lawyers; and in an interview with Chief of Police

Oaks we were informed that if we attempted to read the Constitution of

the United States on Liberty Hill we would be arrested and jailed

without bail. Four of us, Prince Hopkins, Hugh Hardyman, Hunter

Kimbrough, and the writer, did attempt to read the Constitution. I

personally read Article One of the first amendment, and was then placed

under arrest. Kimbrough started to read the Declaration of Independence.

Hopkins remarked, “We have not come here to incite to violence.”

Hardyman remarked, “This is a most delightful climate.” For these words

they were arrested—all four of us for “suspicion of criminal

syndicalism.”[A] We were held “incommunicado” for eighteen hours, and an

effort was then made to rush us into court a few minutes before closing

time, and have us committed and spirited away again, so that we could be

given the “third degree”; but this plot was balked, owing to the fact

that a confidant of Chief Oaks betrayed it to my wife, and our lawyers

got to the court and demanded and obtained bail. A week later we went

again to the harbor and held our mass meeting, and said to ten or

fifteen thousand people everything that we had to say. Next day the

police turned loose all but twenty-eight of the six hundred men they had

arrested; and some three weeks later a police judge threw out the case

against us four. So ended our little adventure in “criminal

syndicalism.”

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Footnote A:

Extract from a letter written by a student of Washington University,

St. Louis, now visiting in Santa Monica, California: “The St. Louis

papers had only short accounts, which said that Upton Sinclair and

several other I. W. W. had been arrested on a charge of Syndicalism.

And my friends out here tell me that a raid was made when Upton

Sinclair, after having submitted a most innocuous abstract of his

speech to the authorities, exhorted a strikers’ meeting to break

loose, smash all windows in sight, and dump the street-cars off the

tracks. He also attacked the integrity and honor of the chief of

police.”

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