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History of the |
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CHAPTER
EIGHT |
(93) No organization can live and retain the respect and admiration of the American people unless t has high ideals and unselfish aspirations. It must not exist merely to serve its own members, But it must take some part in the affairs of the community, state and nation and place its resources behind those movements that are a benefit to humanity and make for a better civilization.
Early in its history the American Legion began to take a keen interest in public affairs. The officers of the Nebraska department soon realized that the people of their state expected this veteran organization to be a power for good government and intelligent patriotism, and that its value to the country, at large would be measured by its activities and achievements in this respect. It was evident that the Legion must take up the patriotic work that, since the Civil War, had been carried on by the Grand Army of the Republic. The task which had been delegated to these veterans, now feeble with age, must be taken up by younger men who had their best years before them. This responsibility left by the older organization, was no small one. It meant that the American Legion must establish itself in every community and stand for intelligent and constructive citizenship; it meant that the state and naval organizations must be ever watchful to see (94) that proper laws pertaining to Americanism were passed and that the principles and traditions for which men had fought and died were properly safeguarded and not molested by those seeking to satisfy selfish ambitions by personal aggrandizement.
An opportunity to serve the people of Nebraska in this way was not long in coming. Hardly had the organization been well founded in the state than its attention was called to a constructive piece of work in Americanization that meant much to every loyal citizen of the Commonwealth. Without any hesitancy whatever, the representatives of the Nebraska department of the Legion took up the fight on behalf of the use of the English language and began to champion its cause. This occurred in the winter of 1921 when the energy and resources of the great veteran association were placed behind those legislators who were trying to have important Americanization measures enacted into law.
Before we enter into a discussion of the merits of this legislation, however, it is well to pause and consider the situation that brought about the need for such laws in the state of Nebraska.
For many years prior to the World War, Nebraska had been a Mecca for the immigrants who came to America from the rural districts of Europe in quest of opportunity. The fertile valley of the Platte and its tributaries, as yet but sparsely settled, attracted these peoples and large numbers of Germans, Russians, Bohemians, (95) Scandinavians and Irish came to Nebraska to settle. The Germans, in particular, found these valleys to their liking, and thousands of them found their way across the Missouri River and into the eastern and southern parts of the state. Individuals brought families and families brought communities until just prior to the World War there were several hundred thousand Germans in Nebraska, part of whom were born across the sea and part of whom were born in America, but of German extraction.
For the most part, these people were excellent farmers and very thrifty. They knew the secret of making two blades of grass grow where but one had grown before and they soon became property owners and prospered. Unfortunately for themselves and the state of Nebraska, they settled in colonies which grew rapidly and which practically drove out all other nationalities. Thus great tracts of land fell into the possession of people either born in Germany or of Teutonic extraction, and some counties in the state were virtually dominated by this race.
Soon foreign-language newspapers sprang up and circulated among these farmers. Likewise the German minister of the gospel followed the immigrant to the new land and established his church in their colonies. And then, in due course if time, came the demand for German teachers and schools that would teach the German language, methods and ideals. All of this worked against the process of Americanization that (96) should have been taking place, and the great American melting pot became merely a figure of speech insofar as these people were concerned.
With so large a number of these German citizens in the Commonwealth who all had the privilege of voting, and yet were unable to understand the American system of government, unscrupulous politicians and newspaper editors were not slow to see the possibilities in this foreign-born electorate. Very soon the so-called German vote was playing a very conspicuous part in Nebraska politics. Most of these people meant well enough and wanted to be good Americans, but living in colonies where only their mother tongue was spoken and the German newspapers read, they did not have the opportunity to learn things American. Likewise, their children desired to be and do like other American children, but owing to educational laws which the clever politicians had succeeded in having enacted, these young Americans were brought up to speak the language of their fathers.
All of this attracted but scant attention until the World War came, and the American nation was called upon to save the world from the domination of the Central Powers. Then came the great test. The German citizen was placed in the uncomfortable position where he must choose between his mother country and the land of his adoption. Nebraska suddenly awoke to the fact that she had great colonies of foreign-born citizens within her boundaries, many of whom could (97) not speak English and never had been permitted to learn. Furthermore, thousands of these people read only the foreign-language newspaper, and it was very difficult for the American government to get its message to them. Especially was this true when the editors of such papers were sympathetic with the cause of the Central Powers. And when it came time for each community to send its quota of young men into the military service, the state was astounded to find that many of these young men, born and reared within its confines, were unable to speak the English language intelligently. For the most part, the great bulk of these German boys understood and were loyal to the cause of America notwithstanding the handicap under which they had been placed, but unfortunately there were many whose parents had been under the influence of the unscrupulous leaders and had never been able to break away from the mother country and fulfill the obligations of the loyal American citizen.
Such was the situation that faced the 1917 session of the Nebraska State Legislature which met at the State Capitol just prior to America's entry into the war. At that time there was a law on the statute books known as the "Mockett act", which required the school authorities in every high school, city school or metropolitan school in Nebraska to employ teachers and provide for the instruction of such modern European languages as might be requested by the parents or guardians of fifty pupils above the fourth grade. Though (98) America had not as yet declared war, it was believed that she would eventually, and some of the legislators were beginning to see the need for more thorough methods of Americanization. An attempt was made at this time to repeal this law, but it failed. Shortly after the close of the regular session of the Legislature, America entered the war and Governor Keith Neville called a special session to consider emergency measures. In his call he requested the repeal of the Mockett act, the danger of which by this time had become apparent to everyone, and the law was repealed this time.
In the meantime the various Councils of Defense and war workers had been making investigations and surveys throughout the state, in an effort to ascertain the conditions that prevailed insofar as Americanization and war activity was concerned. These bodies uncovered and brought to light conditions that were indeed startling to the native-born citizens. In something like twenty counties, it was found that public schools had been closed for months and the public funds that rightfully belonged to these institutions were being turned over by the trustees to maintain private schools whose principal business was the teaching of foreign languages. In nearly every instance where this state of affairs existed, there were found children of well-meaning parents who were compelled to go great distances to reach a public school where they might learn to speak the English language. (99) These startling disclosures created on the part of loyal citizens a lively demand for constructive legislation that would put an end to such practices and make it compulsory that all the youth of the state be taught the English language. The matter soon became a political issue, with every candidate for the 1919 session of the Legislature finding it necessary to declare himself on the question. The result of this campaign brought into the Legislature several men who were determined to place proper safeguards on the vital problem of citizenship. After a very bitter fight waged by certain German newspapers and organizations a measure known as the "Siman act" was passed and enacted into law. This measure prohibited the teaching of any foreign language to any pupil below the eighth grade. The law was subsequently attacked in the courts of the state but was held to be constitutional by the Supreme Court.
At this point the American Legion became interested in the fight which had been carried on during the war by the loyal citizens of the state. Walter L. Anderson, a prominent member of Lincoln Post No. 3, and a member of the Department Americanization Committee, called the attention of the first State Convention to the need of having an English language provision in the new state constitution that was to be written the following winter. The convention endorsed the idea, and Mr. Anderson who subsequently was elected member of the Constitutional Convention held (100) in 1920, succeeded in getting the following provision made a part of the new constitution which was duly ratified:
"The English language is hereby declared to be the official language of this state, and all official proceedings, records and publications shall be in such language, and the common school branches shall be taught in said language in public, private, denominational and parochial schools."
Most citizens of Nebraska thought the decision of the Supreme Court and the clause in the new constitution would end the fight on the part of the foreign language interests. Very little attention was given the matter during the election in 1920, as no one expected that an effort would again be made to open the way for the teaching of these languages to children of tender years. But in this they were mistaken, for upon the convening of the 1921 session of the Legislature, it was found that the opponents of the Siman act were still active and making strenuous efforts to have the law repealed.
Early in the session a bill was introduced by Senator R. S. Norval, of Seward County, the purpose of which was to practically nullify the effect of the Siman law. This bill had been before the Senate Committee on Education but a short time until a delegation from the Seward Post of the American Legion called at State Headquarters and apprized the Department, officials of the (101) attempt that was being made by their representative. The matter was promptly called to the attention of the Legion's Legislative Committee and an investigation was made. At the proper time this committee appeared before the Senate's committee and entered a strenuous objection to this effort to interfere with the Siman act. In the meantime the Legion representatives held a conference with Senator Perry Reed, of York County, who was aware of what was being planned and who bitterly opposed any change in existing legislation covering the matter. As a result, Senator Reed introduced another bill which completely changed the meaning of the Norval measure, and which provided in even stronger terms than did the Siman act for the use of the English language in the common schools of our state. The principal sections of this act were as follows:
Section 1. The English language is hereby declared to be the official language of this state, and all official proceedings, records and publications shall be in such language, and the common school branches shall be taught in said language in public, private, denominational and parochial schools.
Sec. 2. No person, individually or as a teacher, shall, in any private, denominational, or parochial )r public school, teach any subject to any person n any language other than the English language.
Sec. 3. Languages other than the English language may be taught as languages only after a pupil shall have attended and successfully passed the eighth grade as evidenced by a certificate of (102) graduation issued by the county superintendent of the county or the city superintendent of the city is which the child resides. Provided, that the provisions of this act shall not apply to schools field on Sunday or on some other day of the week which those having the care and custody of the pupils attending same conscientiously observe as the Sabbath, where the object and purpose of such schools is the giving of religious instruction, but shall apply to all other schools and to schools held at all other times. Provided, that nothing in this Act shall prohibit any person from teaching his own children in his own home any foreign language.
Sec. 4. It shall be unlawful for any organization, whether social, religious or commercial, to prohibit, forbid or discriminate against the use of tile English language in any meeting, school or proceeding, and for any officer, director, member or person in authority in any organization to pass, promulgate, connive at, publish, enforce or attempt to enforce any such prohibition or discrimination.
Sec. 5. Any public official, teacher, instructor, or other persons who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof be fined in any sum not exceeding one hundred ($100.00) dollars, or be confined in the county jail for a period not exceeding thirty days for each offense.
When it came time to consider this legislation, (103)
the old German politicians and newspaper editors, smarting under the defeat of their mother country and the subsequent loss of their prestige and power in Nebraska, were again at work trying to get their language back into the schools so their influence might not wane with the coming
generation. They well knew that wholesome American education as administered by our public schools would so enlighten the German citizen of tomorrow that they would no longer be able to control his political aspirations. They prepared to carry on a stubborn fight and mustered the shattered ranks of the old pre-war organization that had become known as "the Hindenburg line". But
when it came to the final test, these crafty manipulators found that they had a new force to reckon with; the American Legion. Here were twenty thousand young men who knew the meaning of "German Kulture" in the truest sense; twenty thousand young Nebraskans who knew the problems of the young Germans whom they had met in the military service and who wanted to become fully Americanized subjects of the great Democracy. These twenty thousand veterans of the World War had not seen their comrades die for naught, and were determined that Nebraska and America must enter a new era wherein there must be but one country, one flag
and one language.
Considerable political pressure was brought to bear on all Legislators in the 1921 session by both those for and against the English language (104) proposition, and a bitter struggle ensued. It became necessary for the American Legion's Legislative Committee to call upon all of its several hundred posts for their help in making their representatives realize the danger that lurked behind the attempt to interfere with the Siman law. The fight was also carried to the public at large and many other organizations joined with the Legion in its demand that the foreign languages be kept out of the common schools. The result of this campaign, brought about the passage of Senator Reed's bill, which later became known as the Reed-Norval act. Again the advocates of the foreign press and language were defeated.
Within a short time after the passage of this measure and the signing of the same by the Governor, the thing most expected happened. The disgruntled German element carried the matter into the courts again, and began to fight the legality and constitutionality of the new law on the ground that it restricted religious liberty, endangered the value of parochial school property and was in contravention with the Constitution of the United States.
The American Legion again took up the challenge and prepared to carry on the fight to a finish. The organization had been instrumental and active in securing the passage of the law, so it was deemed advisable by Commander Simmons to appoint a committee to assist the Attorney-General of the state in its defense. The committee appointed consisted of the following, all of whom (105) were well-known Legion members and highly respected attorneys at law: Earl M. Cline, Nebraska City, Chairman; Anan Raymond, Omaha; Fred W. Ashton, Grand Island; Charles L. Brewster, Beatrice; Edward P. McDermott, Kearney; Guy C. Chambers, Lincoln; T. J. McGuire, Omaha; William Ritchie, Jr., Omaha; O. S. Spillman, Pierce; and James G. Mothersead, Scottsbluff. Subsequently, at the request of the members of this committee the name of the Department Commander, Robert G. Simmons, was added to the committee.
The action involving the legality of the law was tried at Fremont, Nebraska, in September, 1921. The American Legion was represented at this trial by Mr. Edward P. McDermott and Mr. Guy C. Chambers, both members of the committee charged with its defense. The Attorney General's Department was represented by Assistant Attorneys General Mason Wheeler and Charles S. Reed, both members of Lincoln Post No. 3, who filed an exhaustive and elaborate brief in support of the measure. The Court took the matter under advisement and later handed down a decision stating that the law was constitutional, but granting a perpetual injunction against the state authorities from prohibiting thereunder religious instruction in a foreign language, holding that the rights and property of the applicants were endangered by such enforcement of the law. The effect of this decision was to again allow some instruction in the grade schools of the state to be (106) given in a foreign language, and notably to allow instruction then being given in the German language in such schools to be continued without restraint.
This decision in the District Court was handed down just prior to the Third State Convention of the Nebraska Legion, held at Fremont on September 29, 30 and October 1, 1921. Mr. Earl M. Cline, Past Commander of the Legion and Chairman of the Committee looking after the legal interests of the organization in this matter, made a comprehensive report to the convention. His report was received with much feeling on the part of the various delegates and after due deliberation the following resolution was unanimously endorsed:
"That the American Legion, Department of Nebraska, in convention assembled, hereby re-announces and re-affirms its belief and position with respect to said language law: That said language law requiring the English language to be used in the grade schools in the State of Nebraska, is in harmony with American institutions and ideals; most conducive to the promulgation of and training in the principles of good citizenship, and designed and calculated to insure the unity of our people and the safety of our Government.
"That Americans, who are real Americans should desire to know and to use the American language, and should desire their children to be taught such language, and that Americans without such desires are not properly imbued with the (107) true spirit of America and American institutions and should be required by the legislatures and courts of this country to comply with laws designed for its welfare and perpetuity. That a policy which necessitates school instruction in a foreign language so that fathers and mothers may advise with and talk to their children is a dangerous policy because each succeeding generation will thereby be composed of such fathers and mothers uneducated in and unacquainted with the language of their country. That the Supreme Ruler of the Universe is not a German God, unable to hear and to answer a suppliant's prayer in the English language. That this language law does not strike at religion; that it does not interfere with education; that it is fundamentally American and absolutely right.
"That the American Legion, Department of Nebraska, in convention assembled, hereby instructs and empowers the Department Commander and Department Executive Committee, elected by this convention, or either of them, to authorize further the Special Language Litigation Committee already appointed, or to appoint another such Committee, if deemed advisable, to continue to represent and appear for the American Legion, Department of Nebraska, in this litigation, in any manner, legal and proper, and as the judgment of said Committee shall direct, in State or Federal Courts, or elsewhere, and in event the final litigation thereon discloses constitutional defects in said language law, then the Commander of the (108) American Legion, Department of Nebraska, is empowered and hereby instructed, to appoint a committee of three, authorized and directed to prepare and initiate an amendment to the Constitution of Nebraska calculated to cure such defects."
As soon as it was learned that a perpetual injunction prohibiting the enforcement of the Reed-Norval act had been granted, the Attorney General's Department took immediate steps to carry the matter to the Supreme Court of the state. This was duly done and again Mr. Cline and his Committee assisted in the preparation of the case. This committee prepared an exhaustive brief and filed it along with that of the Attorney General. Mr. Cline and Mr. Ritchie appeared before the Court as did Attorneys General Wheeler and Reed. This took place early in 1922 and in the spring of the same year the Supreme Court handed down a decision that overturned that of the District Court and allowed the state officers to enforce the law since it was held that the same was a reasonable exercise of the police power of the State Legislature.
Thus did the American Legion, Department of Nebraska, enter upon and conduct its first great struggle for an unselfish cause in behalf of the people of Nebraska. Its clean, aggressive fight made the organization many friends, and gave the people of Nebraska evidence that the Legion had come to be a power for good government and intelligent patriotism and one hundred per cent Americanism.
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