In refusing to bow to the police of Los Angeles, who in the harbor

strike have been the servile tools of the Merchants’ and

Manufacturers’ Association, Upton Sinclair is strictly and legally

a defender of the law against those who would violate it. And it is

doubly to his praise that in this case he, a civilian, happens to

be defending the law against the men who are sworn and paid to

uphold it and have all the power of constituted authority on their

side. The facts are undisputed: the police arrested Mr. Sinclair

and his associates on _private property_, where they had assembled

with the written consent of the owner. The law gives a police

officer the right to enter private property only in two cases: if

he has a warrant of arrest, or if a felony is actually being

committed. Neither of these excuses existed in Los Angeles. The

persons interfered with would have been legally justified in

dealing with the police as violently as with a thief or kidnapper.

We print below Mr. Sinclair’s letter to the chief of police of Los

Angeles because it is a recital of facts which our readers should

know and a nobly patriotic protest which should have their support.

_Pasadena, California, May 17, 1923_

LOUIS D. OAKS,

Chief of Police, Los Angeles

Having escaped from your clutches yesterday afternoon, owing to the

fact that one of your men betrayed your plot to my wife, I am now

in position to answer your formal statement to the public, that I

am “more dangerous than 4,000 I.W.W.” I thank you for this

compliment, for to be dangerous to lawbreakers in office such as

yourself is the highest duty that a citizen of this community can

perform.

In the presence of seven witnesses I obtained from Mayor Cryer on

Tuesday afternoon the promise that the police would respect my

constitutional rights at San Pedro, and that I would not be

molested unless I incited to violence. But when I came to you, I

learned that you had taken over the mayor’s office at the Harbor.

Now, from your signed statement to the press, I learn that you have

taken over the district attorney’s office also; for you tell the

public: “I will prosecute Sinclair with all the vigor at my

command, and upon his conviction I will demand a jail sentence with

hard labor.” And you then sent your men to swear to a complaint

charging me with “discussing, arguing, orating, and debating

certain thoughts and theories, which thoughts and theories were

contemptuous of the constitution of the State of California,

calculated to cause hatred and contempt of the government of the

United States of America, and which thoughts and theories were

detrimental and in opposition to the orderly conduct of affairs of

business, affecting the rights of private property and personal

liberty, and which thoughts and theories were calculated to cause

any citizen then and there present and hearing the same to quarrel

and fight and use force and violence.” And this although I told you

at least a dozen times in your office that my only purpose was to

stand on private property with the written permission of the owner,

and there to read the Constitution of the United States; and you

perfectly well know that I did this, and only this, and that three

sentences from the Bill of Rights of the Constitution was every

word that I was permitted to utter--the words being those which

guarantee “freedom of speech and of the press, and the right of the

people peaceably to assemble, and to petition the government for

the redress of grievances.”

But you told me that “this Constitution stuff” does not go at the

Harbor. You have established martial law, and you told me that if I

tried to read the Constitution, even on private property, I would

be thrown into jail, and there would be no bail for me--and this

even though I read you the provision of the State constitution

guaranteeing me the right to bail. When you arrested me and my

friends, you spirited us away and held us “incommunicado,” denying

us what is our clear legal right, to communicate with our lawyers.

All night Tuesday, and all day Wednesday up to four o’clock, you

and your agents at the various jails and station-houses repeated

lies to my wife and my attorneys and kept me hidden from them. When

the clamor of the newspaper men forced you to let them interview

me, you forced them to pledge not to reveal where I was. You had

Sergeant Currie drive us up to Los Angeles, with strict injunctions

not to get there before four o’clock--he did not tell me, but I

heard another man give the order to him, and I watched his

maneuvers to carry it out. It was your scheme to rush us into court

at the last moment before closing, have lawyers appointed for us,

and have us committed without bail, and then spirit us away and

hide us again. To that end you had me buried in a cell in the city

jail, and to my demands for counsel the jailers made no reply. Only

the fact that someone you trusted tipped my wife off prevented the

carrying out of this criminal conspiracy. My lawyers rushed to the

jail, and forced the granting of bail, just on the stroke of five

o’clock, the last moment.

I charge, and I intend to prove in court, that you are carrying out

the conspiracy of the Merchants’ and Manufacturers’ Association to

smash the harbor strike by brutal defiance of law. I was in the

office of I. H. Rice, president of this Association, and heard him

getting his orders from Hammond of the Hammond Lumber Company, and

heard his promise to Hammond that the job would be done without

delay. It is you who are doing the job for Rice, and the cruelties

you are perpetrating would shock this community if they were known,

and they will be punished if there is a God in Heaven to protect

the poor and friendless. You did all you could to keep me from

contact with the strikers in jail; nevertheless I learned of one

horror that was perpetrated only yesterday--fifty men crowded into

one small space, and because they committed some slight breach of

regulations, singing their songs, they were shut in this hole for

two hours without a breath of air, and almost suffocated. Also I

saw the food that these men are getting twice a day, and you would

not feed it to your dog. And now the city council has voted for

money to build a “bull-pen” for strikers, and day by day the public

is told that the strike is broken, and the men, denied every civil

right, have no place to meet to discuss their policies, and no one

to protect them or to protest for them. That is what you

want--those are the orders you have got from the Merchants’ and

Manufacturers’ Association; the men are to go back as slaves, and

the Constitution of the United States is to cease to exist so far

as concerns workingmen.

All I can say, sir, is that I intend to do what little one man can

do to awaken the public conscience, and that meantime I am not

frightened by your menaces. I am not a giant physically; I shrink

from pain and filth and vermin and foul air, like any other man of

refinement; also, I freely admit that when I see a line of a

hundred policemen with drawn revolvers flung across a street to

keep anyone from coming onto private property to hear my feeble

voice, I am somewhat disturbed in my nerves. But I have a

conscience and a religious faith, and I know that our liberties

were not won without suffering, and may be lost again through our

cowardice. I intend to do my duty to my country. I have received a

telegram from the American Civil Liberties Union in New York,

asking me if I will speak at a mass meeting of protest in Los

Angeles, and I have answered that I will do so. That meeting will

be called at once, and you may come there and hear what the

citizens of this community think of your efforts to introduce the

legal proceedings of Czarist Russia into our free Republic.

UPTON SINCLAIR

The ending of this episode: We hired a good-sized hall in Los Angeles by

the week and held crowded meetings every afternoon and evening. The

Southern California branch of the American Civil Liberties Union was

formed, and a Congregational minister, Reverend Clinton J. Taft,

resigned from his pulpit and served as director for the next twenty

years or so. At the end of a couple of weeks the editor of the Los

Angeles _Examiner_ called me on the telephone and said, “Sinclair, how

long is this thing going on?” I answered, “Until we have civil liberties

in Los Angeles.” “What, specifically, do you mean by that?” he asked,

and I said, “For one thing, Chief Oaks must be kicked off the force; and

we must have the assurance that there will never again be mass arrests

of strikers.” The editor said, “You may count upon both these conditions

being met.” I asked, “What guarantee have we?” He said, “I have talked

it over with the half-dozen men who run this town, and I have their

word. You may take mine.”

So we called off the meetings. A few days later we read in the

newspapers that Chief Oaks had been expelled from the force, having been

found parked in his car at night with a woman and a jug of whisky. So

far as I can recall, there have been no mass arrests of strikers in the

past twenty-nine years.

V

Moved by the cruelties I had seen, I indulged myself in the pleasure of

writing two radical plays--“radical” was a terrible word in those days.

_Singing Jailbirds_ portrayed the Industrial Workers of the World, of

whom we had met many; they sang in jail and were put “in the hole” for

it. They were called “wobblies” because in the early days they had done

their first organizing in a restaurant kept by an old Chinaman who could

not say IWW but made it “I-wobble-wobble.”

I started with that scene, and then had the wobblies in jail recalling

the battles they had fought and the evils they had suffered. There was a

lot of singing all through, and the play made a hit when it was produced

in Greenwich Village by a group of four young playwrights--one of them

was Eugene O’Neill and another was John Dos Passos, who now after forty

years has evolved from a rampant radical into a rampant conservative. I

was writing for Bernarr Macfadden’s _Physical Culture_ in those days (at

$150 per article). I took my boss to the show, and he put up a thousand

dollars to keep it going. I, of course, got nothing.

The other play was in blank verse and was called _Hell_. It portrayed

the devils as being bored, and amusing themselves by sending a messenger

up to earth to create a great deposit of gold and set all the nations to

warring over it. (This was just after World War I, of course.) My

fastidious friend, George Sterling, was outraged by my verse, but I had

a lot of fun. I found myself a solitary spot on the edge of the Arroyo

Seco, and there paced up and down composing it and laughing over it.

Dear old Art Young made a delightful cover drawing, and I published the

play in pamphlet form; I still have copies, and--who can tell?--somebody

might produce it before World War III comes and ends all producing.

Joking aside, I hope to live to see it.

VI

The only house we went to in Pasadena was that of Mrs. Gartz. This was a

couple of miles up the slope from our home, and occupied a whole block

of beautiful grounds, like a park. The house was built around a central

court containing palm trees, ornamental plants, and a swimming pool. On

the front of the house was a wide veranda and a flight of stone steps.

The veranda looked out over the whole of Pasadena, and it was a pleasant

place to sit and listen to arguments over the future of mankind.

Every Sunday afternoon Mrs. Gartz would invite some lecturer, and after

she met Craig, all these lectures dealt with the so-called radical

movement. It appeared that when the very rich become radical they go the

whole way. She became far more radical than we were, and it was Craig’s

function to tone her down; but, alas, this service was not appreciated

by Mrs. Gartz’s husband, who blamed us for all his troubles. I could

tell many funny stories of those meetings in a millionaire’s palace with

a raging millionaire husband roaming through the rooms, growling and

grumbling to himself.

The whole of the class struggle was represented in that tormented home.

Wobblies, when they got out of jail, would come and tell Mrs. Gartz

their stories; the tears would come into her eyes, and she would write

indignant letters to the newspapers--which the newspapers did not print.

Also, there were the pacifists of all varieties, and later the

communists, who finally “captured” the gullible great lady.

Mrs. Gartz took up the practice of writing to public officials about

these outrages against civil liberty, and as her letters were not always

coherent she would bring them to Craig to revise. Craig would take

occasion to tone them down a bit; so presently she was in charge of all

the great lady’s public relations. Craig hit upon the idea of publishing

a little volume entitled _Letters of Protest_. This made a hit, and

thereafter every year there would be a little volume that Mrs. Gartz

distributed to everyone on her mailing list. In all there were seven

pretty little books, and no doubt they helped somewhat to diminish the

stodginess of our millionaire city.

VII

I have given a few glimpses of Mary Craig’s skill as a social

practitioner. I must also tell a little about her as a homemaker.

To the north of the “brown house” we had bought, there extended seven

lots rising slightly to a corner, from which the view over the Arroyo

was still more attractive. Craig said nothing to me about her plans, but

she bought those lots on installment payments. When I started the

magazine it was on our dining-room table; so she went out traveling on

foot about the town and found an old house that she bought for a hundred

and fifty dollars and had moved onto the lot next to ours. She had a

carpenter build a long table, and that was where the magazines were

wrapped and prepared for the mail. One little cubbyhole in that house

became my office, and several books were written there.

Of course, as the subscriptions came in we had to have still more help.

We had no car in those days, but somehow Craig found another house and

had it moved and connected up with the first one. Before she got

through, she had bought four houses and fitted them in a row on two

lots, and bought a fifth house to be wrecked for lumber to join the

other houses together. I wrote an article about it in my magazine,

_Upton Sinclair’s_, and printed a photograph of the houses.

It made a really funny story, because every house was a different color.

I described the consternation of the neighbors; but they recovered when

the job was finished, for Craig really made a beautiful home of it, with

a long porch along the front and, of course, a uniform coat of paint. It

was an especially good home for us because Craig could have her room at

the south end and I could practice my violin at the north end.

There was an old carpenter named Judd Fuller who worked for Craig,

making old houses into new. Many a time I sat on a roof with him,

nailing down shingles; and all the time we talked politics, and the

state of the world. I tried to make a socialist out of an old-style

American individualist, and I learned how to deal with that kind of

mind. Some years later I wrote a pamphlet called _Letters to Judd_, and

of course made him very proud. I printed something over a hundred

thousand of the pamphlet, and with the help of Haldeman-Julius

distributed them over the country.

VIII

I decided to muckrake world literature. I had read a mass of it in the

one language my mother had taught me, in the three that my professors

had failed to teach me--Latin, Greek and German--and in the two I had

taught myself--French and Italian. To me literature was a weapon in the

class struggle--of the master class to hold its servants down, and of

the working class to break its bonds. In other words, I studied world

literature from the socialist point of view.

That had been done here and there in spots; but so far as I knew it had

not been done systematically, and so far as I know it has not been done

since. Of course, _Mammonart_ was ridiculed by the literary authorities;

and of course I expected that. It was all a part of the class struggle,

and I had set it forth in the book. Great literature is a product of the

leisure classes and defends their position, whether consciously or by

implication. Literature that opposes them is called propaganda. And so

it is that you have probably never heard of my _Mammonart_.

I had now studied our culture in five muckraking books: _The Profits of

Religion_, _The Brass Check_, _The Goose-Step_, _The Goslings_,

_Mammonart_. After that, I took up American literature, mostly of my own

time. I had known many of the writers, and some liked me and some

didn’t, according to which side they were on. I had published the five

earlier books myself--in both cloth and paper; but there were not so

many libel suits in the field of literature, so now I found a publisher.

From that time on for many years my arrangement was that the publisher

had his edition and I had mine, always at the same price. I had a card

file of some thirty thousand customers.

I called the new book _Money Writes!_ Its thesis was that authors have

to eat; in order to get food they have to have money, and for that to

happen the publisher has to get more money. So, in a commercial world

it is money that decides what is to be written. My discussion of this

somewhat obvious truth gave offense to many persons.

IX

When I was working on a book, my secretary had orders never to disturb

me. But one day she did disturb me by bringing in a visiting card

attached to a hundred-dollar bill. (She judged I would consider that a

fair price for an interruption.) I looked at the card and saw the name,

King C. Gillette, familiar to all men who use a safety razor. Some years

earlier I had noted on the shelves of the Pasadena Public Library two

large tomes entitled _World Corporation_ and _Social Redemption_. I had

taken them down and examined them with curiosity; they were written by a

man who apparently had never read a socialist book but had thought it

all out for himself. (I could guess that I might be the only person who

had ever taken those tomes from the library shelf.)

Gillette, of course, was pleased to hear that I knew his books. He was a

large gentleman with white hair and mustache and rosy cheeks; extremely

kind, and touchingly absorbed in the hobby of abolishing poverty and

war. But I discovered that he had a horror of the very word _socialism_.

To him that meant class struggle and hatred, whereas he insisted that

his solution could all be brought about by gentle persuasion and calm

economic reasoning. He would take the time to explain this to anyone on

the slightest occasion. I discovered that the joy of his life was to get

someone to listen while in his gentle pleading voice he told about his

two-tome utopia.

He had come to me for a definite purpose. He knew that I had an

audience, and he wanted me to convert that audience to his program. He

had a manuscript, and he wanted me to take it and revise it--of course,

not changing any of his ideas. For this service he was prepared to pay

me five hundred dollars a month; and a little later when he met my wife

he raised his offer. He said, “Mrs. Sinclair, if you will get him to do

this for me you will never have to think about money again as long as

you live.” That had a good sound to Craig, and she said I would do it.

She told me so, and of course I had to do what she said. Little by

little I discovered what it meant: Mr. Gillette was coming for two

mornings every week to tell me his ideas--the same ideas over and over

again. He was a bit childish about it. He didn’t remember what he had

said a week or two previously and said it again, most seriously,

impressively, and kindly. It became an endurance test. How often could I

listen to the same ideas and pretend that they were new and wonderful?

The time came when I could stand no more, not if he had turned over to

me all the royalties from Gillette razors and blades. I had to tell him

that I had done everything I could do for him.

I had helped him to get his manuscript into shape, but, alas, he had

scribbled all over it and interlined it. I had it recopied, and with his

permission submitted it to Horace Liveright, my publisher at that time.

Horace couldn’t very well refuse it because Gillette offered to put up

twenty-five thousand dollars for advertising. The book was published,

and in spite of all the effort it fell flat.

But the dear old gentleman never gave up. He would come to see us now

and then and invite us to his home. He had one down at Balboa Beach, and

another far up in the San Fernando Valley. When Sergei Eisenstein came,

we took him and a party up to meet Gillette, but the family were away.

We had a picnic under one of the shade trees on the estate and carefully

gathered up all the debris.

X

Writing books involves hard labor of both brain and typewriter. I have

mentioned more than once the subject of tennis--the device by which I

was able to get the blood out of my brain and into my digestive

apparatus. All through those years I used to say that I was never more

than twenty-four hours ahead of a headache. I had read somewhere in

history that it was the law in the armies of King Cyrus that every

soldier had to sweat every day. I found that I could get along with

sweating three times a week. (Out of curiosity I once weighed before and

after a hard tennis match in Pasadena’s summer weather, and discovered

that I had parted with four and a half pounds of water.)

Tennis is a leisure-class recreation, and on the courts I met some of

the prominent young men of my City of Millionaires. I was amused to note

that their attitude toward me on the court was cordial and sometimes

even gay, but we did not meet elsewhere. Sometimes their wives would

drive them to the court and call for them when the game was over; but

never once was I invited to meet one of those wives. I quietly mounted

my bicycle and pedaled a couple of miles, slightly uphill, to my home.

On Sunday morning I had a regular date with three men: one of the town’s

leading bankers, one of the town’s leading real-estate men, and another

whose high occupation I have forgotten. We played at the

ultrafashionable Valley Hunt Club, but never once was I invited to enter

the doors of that club. When the game was over, I mounted my bicycle and

pedaled away.

One of these cases is especially amusing, and I tell it even though it

leads me ahead of my story. I had a weekly tennis date with a young man

of a family that owned a great business in Los Angeles. The young man,

who lived in Pasadena, called me “the human rabbit,” because I scurried

across the court and got shots that he thought he had put away. Every

time we played, his wife would be waiting in her car, and I dutifully

kept my distance.

After several years I learned from the newspapers that he had divorced

his wife. Then Craig read an advertisement that all the furniture of an

elegant home was being offered for sale. She wanted a large rug for the

living room, so I drove her to the place and waited outside while she

went in. It proved to be a long wait, but I always carry something to

read so I didn’t mind. Craig bought a rug, and told me that the lady who

was doing the selling was the ex-wife of my tennis friend! She was a

chatty lady and had told her varied social adventures, including this:

“I almost caught Neil Vanderbilt. He drove up to a boulevard stop right

alongside me, and I caught his eye. If that red light had lasted fifteen

seconds longer, I’d have nailed him!”

(I myself with Craig’s help had already “nailed” Neil, and I shall have

a bit to tell about him later on. He is the possessor of an enchanted

name, which has brought him much trouble. I know only one man equally

unfortunate--Prince Hopkins. When he traveled in Europe, the bellboys

hit their foreheads on the ground; he changed his name to Pryns to avoid

the sight.)

XI

In some trading deal Craig had come into possession of two lots on

Signal Hill, near Long Beach; and now in the papers she read the

electrifying news that oil had been discovered under that wide hill. I

drove her down there to find out about it, and she learned that lot

owners in the different blocks were organizing, since obviously there

could be no drilling on a tiny bit of land. I must have taken Craig a

dozen times--a distance of twenty miles or so--and I sat for that many

evenings listening to the arguments. I hadn’t a word to say of course;

the lots belonged to Craig, and she was the business end of the family.

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