◆ SpookStack

574 UN-AMERICAN ACTIVITIES IN CALIFORNIA kind under the State or any of its political subdivisions (Sec. 102}, (For text, see Appendix.) The California Government Code further provides that advocaey or membership in an organization which advocates the overthrow of the United States Government by force, violence or other unlawful means, is sufficient cause for dismissal of public employees (Sec. 1028). (For text, see Appendix.) . The California Education Code provides that certified public school employees may be dismissed for the commission, aiding or advocating the commission, of acts of criminal syndicalism (Sec. 13521). (For text, see Appendix.) It also provides for an oath or affirmation as a pre requisite for certification of teaching credentials (See. 12100). (For text, see Appendix.) _ We are not aware of any court proceeding in which the constite tionality of these provisions has been presented for consideration. However, the District Court of Appeals in Board of Education ¥. Jewett (1937), 21 Cal. App. 2d 64, 68 Pac. 2d 404, affirmed the judg. ment of a lower court which sanctioned the dismissal of a teacher whe was found guilty of unprofessional conduct in violation of Section 5.650 of the former California School Code, the origin of the present Section 13521 of the California Education Code. In that case, the defendant attempted to enlist from his pupils support for his anti-American pro-Russian views. Among other thingy he distributed communistic pamphlets to his pupils in the classroom. 8. Flag Saluting. In West Virginia State Board of Educativn ¥. Barnette (1943), 319 U. S. 624, the Supreme Court-bad under cuusid- eration the expulsion from school of students who were members af Jehovah’s Witnesses. . The students had refused to execute the flag salute as required by the local board of education. They refused to salute the Flag on the ground that to do so would be in conflict with their religious belief that they should not bow down or serve any graven image. The dehoval’s Witnesses considered the Flag an image. The court, in stating that the flag salute requirement violated the First and Fourteenth Amendments, stated that it ‘‘transcends consti- tutional limitations on their power and invades the sphere of intellect and spirit which is the purpose of the First Amendment te our Cunstl tution to reserve from all official control." (p. 642.) 9, Alien Registration. In Hines v. Davidowttz (1941), 312 U. S. 52, the Supra amie found that the Federal Alien Registration Act of 1940 TOFMS, With the Immigration and Naturalization Laws, a co: prehensive and integrated scheme for the registration of aliens, wh! precludes the enforcement of state alien laws such as the one adop by the State of Pennsylvania in 1931, then under consideration. The Pennsylvania Jaw required all aliens eighteen years or ove with certain exceptions, to register once each year. The Federal Alien Registration Act provides for a single regist™ sor M tion of aliens fourteen years of age or over. The national powet = supreme over that of the state in the field of foreign affairs, including power over immigration, naturalization and deportation. UN-AMERICAN ACTIVITIE Where the Federal Government hi ~culation in this field and therein prov “on of aliens, a state cannot, inconsisten -nfliet or interfere with, curtail or ¢ «force additional or auxiliary regulat: The decision in the Hines case sev, ‘yngress (inferred from the scope of th eoupy the field and thereby preclude ‘vd. Had Congress indicated a contrar: wlvania statute would have continued | 10. Oath Requirements. The Nat “$C. See. 159 (h)) provides that, 1 ch officer of a petitioning labor org. iidavit that he is not. a member of, 01 Party and that he does not believe in, a support any organization that belic {the United States Government by fo1 This provision was upheld in Oi! . Elliott (1947), 73 Fed. Sup, 942. T ‘nied a petition for a mandatory in; rector of the National Labor Relatior i labor election to determine whether "nion should represent the employees ¢ The plaintiff was an affiliate of an afidavits as required by the National } ; The court, in considering Section 4 @ titution, which provides that the natic ~ach state a republican form of gover “aed that the Communist form of gove “rm of government.’’ (p. 944.) In this field, as in the field of alien 1 ated, the question frequently arises wl ‘’ oeeupy the field and thereby preclud. Thus, to the extent that state stati “uployer-employee relations conflict wil Labor Relations Act, they must yield to *. Flerida (19453, 825 U.S. 638). A] abor union activities, established stand f, union bargaining representatives National Labor Relations Act. Hill had ‘rom acting as a bargaining agent of a ‘cure a license under the Florida stat _ The majority opinion in the Hill ‘der a mere conflict between specific pr tatutes; found that the Florida statu tcomplishment and execution of the Congress,’’ apparently inferring that ( ‘o preclude state action. Had Congress lorida statute might have been effecti ‘isions that were not in direct conflict federal statute might have been operat