Golden Age, August 26, 1936

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The Golden Age

A JOURNAL OF FACT HOPE AND COURAGE

in this issue

JEHOVAH'S WITNESSES SUE JEHOVAH'S SLANDERERS

LEGAL VINDICATION AGAINST INTOLERANCE

HIGHER POWERS

EUROPE AND ELSEWHERE

DISOBEDIENCE NULLIFIES LIBERALITY AND WORSHIP

every other WEDNESDAY

five cents a copy

one dollar a year

Canada & Foreign 1.25

Vol. XVII - No. 442

August 26, 1936 CONTENTS

LABOR AND ECONOMICS

Stating It as a Diplomat 757

In British Labor Camps 758

The Tax Collector of Lapusan 761

SOCIAL AND EDUCATIONAL

Judge Rutherford Sues Cardinal Dougherty et al. 739

Suit of Watch Tower Bible & Tract Society Against Dougherty et al. 746

LEGAL VINDICATION AGAINST INTOLERANCE 752

HIGHER POWERS 753

Wanted the Lord to Have It All 754

Jehovah’s Slanderers vs. Jehovah’s witnesses 755

Gradually Becoming Civilized 758

Grabbing the Films in Spain 759

Cruelties to Animals in Movies 763

DISOBEDIENCE NULLIFIES LIBERALITY AND WORSHIP 764

FINANCE—COMMERCE—TRANSPORTATION

Highways for Bulgaria 745

Motor Accidents in Switzerland 759

Air Train Record in Russia 762

Paris Subways as Gas Shelters 763

World’s Longest Oil Transport Line 760

POLITICAL—DOMESTIC AND FOREIGN

Uneasy Lies King Boris’ Head 754

Extracts from Mark Twain 757

Postal Service 300 Years Old 757

Europe Will Never Understand 758

Pressing Hard for Volunteers 758

What “We” Can Do 758

At Zionist Congress in Lucerne 759

“Round and Round and Round” 760

Seeking to Escape from Bulgaria 762

SCIENCE AND INVENTION

Continuous Drawing of Glass 763

“Wonderful” Scientists in Greece 760

Curious Lightning Phenomenon 760

HOME AND HEALTH

Putting the Doctors Out to Grass 745

Rayon Suits for Men 757

Human Creatures in Britain 757

TRAVEL AND MISCELLANY

Brush and Canvas Medium 758

Coming In by the Roof 759

Sealed in Glass Jar Thirty Days 759

Warning of Wild Dogs in N.J. 762

The Happiest Married Couple 763

The Clock Tower of Berne 763

RELIGION AND PHILOSOPHY

“Pascola” Dance Forbidden in Sonora 755

No Longer After Daniels’ Scalp 755

K. of C. Ebullitions Propaganda 755

Edward VII Died a Catholic (?) 758

Attaboy Kemal 760

Sera Alexander of Brasov 761

The Murder of Witkowski 751

Anti-Jewish Intolerance 762

Idiotic “Holy Ground” Superstition 763

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The Golden Age

Volume XVII Brooklyn, N.Y., Wednesday, August 26, 1936 Number 442

District Court of the United States

EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH F. RUTHERFORD,

Plaintiff,

versus

DENNIS DOUGHERTY, JAMES J. CLARKE, J. CARROLL MCCORMICK, and the ROMAN CATHOLIC ARCHDIOCESE OF PHILADELPHIA, a corporation,

Defendants.

AT LAW.

........ Term, 1936.

No. ...........

STATEMENT OF CLAIM

The plaintiff above named, Joseph F. Rutherford, claims of Dennis Dougherty, James J. Clarke, J. Carroll McCormick, and the Roman Catholic Archdiocese of Philadelphia, a corporation, the above-named defendants, the sum of One Hundred Thousand Dollars ($100,000.00), actual and punitive damages, upon cause of action brought by reason of diversity of citizenship of the respective parties in this District Court of the United States, whereof the following is a statement:

I. Plaintiff is a citizen of the United States and of the State of New York, and resides in the Borough of Brooklyn, Kings County, City and State of New York.

II. The defendants Dennis Dougherty, James J. Clarke, J. Carroll McCormick, and the Roman Catholic Archdiocese of Philadelphia, a corporation of the State of Pennsylvania, are severally and all of them citizens of the State of Pennsylvania, and reside and have their residence and place of business in the City and County of Philadelphia, State of Pennsylvania.

III. Plaintiff is and for a number of years last past has been a public speaker and lecturer on the platform and by radio on subjects contained in and related to the book or collection of books commonly known as The Bible, and is the author of many books, pamphlets and public addresses on Biblical subjects, and he is and long has been President and chief executive officer and public spokesman by radio and otherwise, of the Watch Tower Bible & Tract Society, a corporation under the laws of the State of Pennsylvania, having its principal office in the City and County of Allegheny, Pennsylvania.

IV. Defendant Dennis Dougherty is and for years past has been an official of the Roman Catholic Church under the title and designation of Cardinal Archbishop, and is the head and chief executive of the defendant Archdiocese of Philadelphia, which he directs and controls, and has full authority and control over all the affairs and interests spiritual and temporal and property real and personal, and over all subordinate ecclesiastical persons and priests or pastors pertaining to the said Archdiocese, all of whom owe him obedience.

V. Defendant J. Carroll McCormick is a priest of the said Archdiocese and is Chancellor or secretary of the same, and is subject to the control and obedience of his superior Archbishop, the defendant Dougherty.

VI. Defendant James J. Clarke is a priest of said Archdiocese under the direction and control of said Archbishop, and he is and at the times hereinafter mentioned was the pastor or priest in charge of a certain Roman Catholic Church known as Church of our Lady of the Blessed Sacrament, Holy Ghost Fathers, in the City of Philadelphia.

VII. The defendant Archdiocese of Philadelphia is an ecclesiastical corporation or juridical personality created or recognized by the laws of Pennsylvania, controlled and directed by the defendant Archbishop Dougherty and subject to his sole authority and jurisdiction.

VIII. That among the duties within the scope of office and employment of the several above-named defendants are those of promoting the ecclesiastical and material interests of the said Roman Catholic Church and its beliefs and dogmas, and to discourage and thwart so far as possible all opposed teachings and activities.

IX. Plaintiff as President and public spokesman of the said Watch Tower Society, has for the past ten years and more regularly conducted through the facilities of the Pennsylvania Broadcasting Company, a radio broadcasting station known as WIP, located in Philadelphia, a weekly broadcast on Bible subjects, for fifteen minutes each Sunday, and over a national or international circuit, under a contract in writing between said Watch Tower Company and said Pennsylvania Broadcasting Co., and was so engaged at the times hereinafter mentioned, up to its interruption by the above-named defendants.

X. Plaintiff is a good, true, honest and faithful citizen, and as such hath always behaved and conducted himself, and until the committing of the several grievances by the said several defendants, as hereinafter mentioned, was always reputed, esteemed and accepted by and amongst his friends, neighbors, acquaintances and great audiences of good persons throughout the States of New York, Pennsylvania and the United States to whom he was in any wise known, to be a person of good name, fame and credit, and especially for honesty and truthfulness, and the desire to promote peace and good will amongst men.

XI. And whereas, also, the said plaintiff, Joseph F. Rutherford, hath not ever been guilty, nor until the time of the committing of the several grievances by the said defendants as hereinafter mentioned, been suspected or supposed to have been guilty of dishonesty, untruthfulness or the stirring up of strife or ill will or any other crime or dishonesty.

XII. By reason of which said premises, he, the said plaintiff, before the committing of the said several grievances by the said defendants as hereinafter mentioned, had deservedly the good opinion and credit of all his neighbors and other good and worthy citizens and persons throughout the said States and elsewhere to whom he was in any wise known personally or through his public speaking, books and writings, to wit, largely throughout the United States and abroad.

XIII. Yet the said several defendants above named, well knowing the premises, but greatly envying the happy state and condition of the said plaintiff and fearing and hating the effects of his widespread teachings of Biblical truths, and contriving together and wickedly and maliciously intending to injure the said plaintiff Joseph F. Rutherford in his said good name, fame and credit, and to bring him into public scandal, infamy and disgrace, with and amongst all neighbors and other good and worthy people, and to cause it to be suspected and believed by those neighbors and persons that he, the said Joseph F. Rutherford, had been and was guilty of dishonesty, untruthfulness, misrepresentations and the fomenting of religious hatred and bigotry, and to expose him to whatever pains and penalties provided by law or public opinion against persons so guilty; and to vex, harass, oppress, impoverish and wholly ruin him, the said Joseph F. Rutherford in his person and profession and activities, heretofore, to wit, on or about the 15th day of February, 1936, at Philadelphia, in the Eastern District of Pennsylvania, did maliciously concert and conspire together to, and did falsely and maliciously compose and publish, and cause and procure to be published of and concerning him, the said Joseph F. Rutherford, plaintiff herein, a certain false, scandalous, malicious and defamatory libel, in the words, manner and setting forth as follows:

XIV. The defendant James J. Clarke falsely and maliciously wrote, at the instigation of the other three named defendants who concurred in and in writing endorsed said letter, as follows, to wit:

XV. The aforesaid letter was duly mailed or forwarded to and received by said Station WIP and by Gimbel Bros., who own or control the said broadcasting station and are heavily interested in it financially, and who also own and operate one of the most extensive department stores in the said City, of which the said defendant Clarke was, as alleged in said letter, a customer with a credit account, and also as alleged a very large percentage of its customers were Roman Catholic parishioners and adherents and also auditors of the radio broadcast addresses of this plaintiff, as in said letter indicated.

XVI. By the words of the said letter, several times repeated, naming Judge Rutherford, the said defendants meant and intended this plaintiff, Joseph F. Rutherford, who is a lawyer and a practicing attorney of the New York Bar, and was formerly a Judge of Court, and who is known and called "Judge Rutherford" by all who in any wise know or know of him, throughout the country and elsewhere.

XVII. By the words "attacks the Catholic Church," the said defendants meant and intended and were understood to say, that this plaintiff evilly and maliciously and untruthfully makes public statements with respect to the said Church and its history and public activities, and that he is therefore a maligner and falsifier and is entitled to no respect or credit, which allegations are false, malicious and libelous.

XVIII. By the words of said letter "misrepresents her teachings," said defendants meant and intended and were understood to say, that this plaintiff falsely made public statements with respect to the doctrinal teachings and dogmas of said Church which were contrary to the true intent and meaning of the said teachings, doctrines and dogmas, and that plaintiff is himself a false teacher of Biblical and ecclesiastical matters and doctrines, and is unworthy of belief and credit; which allegations are false, malicious and libelous.

XIX. By the words of said letter "foments religious hatred and bigotry," the said defendants meant and intended and were understood to say, that this plaintiff willfully and wickedly made publicly statements respecting defendants and the adherents of their sect intended and tending to provoke a breach of the peace on the part of the said parishioners and that plaintiff was guilty of the despicable conduct of stirring up and promoting the evil of sectarian hatred, intolerance and bigotry, while defendants seem oblivious of the hatred and bigotry explicit in their own act of attempt to deprive the plaintiff of the fundamental civic right of freedom of speech and the use of public broadcasting facilities to voice his own legitimate opinions of Bible and Roman Catholic teachings; which charges made against this plaintiff are false, malicious and libelous.

XX. By the words "take my name off your charge account list, because I will never spend another penny in Gimbel Bros. store," said defendants meant and intended and were understood to say, that because this plaintiff was allowed under contract with said Station and Gimbel Bros. to broadcast Bible teachings and to express opinions which the defendants were pleased to take as objectionable to themselves and their Church, they and the "very large percentage" of their parishioners referred to, would institute and prosecute a boycott against the said store and station, in order to penalize them for making and performing their contract for broadcasting the addresses of Judge Rutherford, and thus by threats and violence to bring about a breach of said contract and a violation of his legal rights; and by these threats, and many others from themselves and their said parishioners, and further threats of "further and more drastic action" to be taken if said broadcasting were permitted to continue, made by these defendants, they did cause the discontinuance of the said broadcasting and deprived plaintiff of the right further to speak over the said radio station.

XXI. By the words of said letter "and thereby expose a very large per cent of your customers to open insult and ridicule," the said defendants meant and intended and were understood to say, that this plaintiff, through his said broadcast addresses, made false and malicious statements with respect to the said Church and its adherents intended and tending to insult and ridicule them and their beliefs, which allegations against this plaintiff are false, malicious and libelous.

XXII. By means of the committing of all which said several grievances by the said several defendants as aforesaid, the said plaintiff hath been and is greatly injured in his said good name, fame and credit, and brought into public scandal, infamy and disgrace, and exposed to public scorn, ridicule and contempt, with and amongst his neighbors and other good and worthy persons, in so much that divers of those neighbors and persons to whom the innocence and integrity of the plaintiff in the premises were unknown, have, on account of the committing of the said grievances by the said several defendants as aforesaid, from thence have suspected and believed and still do suspect and believe him, the said plaintiff, to have been and to be a person guilty of public untruth and a liar, and to be unworthy of public confidence, faith and credit, to be an evil-disposed and bad character publicly fomenting religious hatred, bigotry and intolerance, and falsely maligning, insulting and ridiculing many good and respectable people because merely of their religious beliefs and practices, and have by reason of the committing of the said grievances by the said defendants as aforesaid, from thence have wholly refused and still do refuse to have any transaction, acquaintance or discourse with him, the said plaintiff, as they were before used and accustomed to have, and otherwise would have had, and the said plaintiff, Joseph F. Rutherford, has been and is by means of the premises otherwise greatly injured, to wit, in the States of New York, Pennsylvania and throughout the United States and elsewhere.

Wherefore the said Joseph F. Rutherford saith that he is injured and has sustained damage to the amount of One Hundred Thousand ($100,000.00) Dollars, actual and punitive damages, and therefore he brings his suit.

JOSEPH WHELESS,

Attorney for Plaintiff.

EASTERN DISTRICT OF NEW YORK

STATE OF NEW YORK

COUNTY OF KINGS

ss.

Personally appeared before me, Charles E. Wagner, a Notary Public in and for said County and State, JOSEPH F. RUTHERFORD, plaintiff herein named, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Statement of Claim, so far as stated upon his own knowledge, are true, and so far as stated upon information, he believes them to be true, and expects to be able to prove them to be true upon the trial of this cause.

J. F. RUTHERFORD.

Sworn and Subscribed before me

this 16th day of July, 1936.

CHARLES E. WAGNER

Notary Public, Kings County

Clerks No. 37, Reg. No. 8042

Commission Expires March 30, 1938

[SEAL]

Fillers

Highways for Bulgaria

BULGARIA has set out to build 2,500 miles of concrete road twenty to thirty feet wide, connecting up with the remaining 6,500 miles of dirt road which the country possesses. If the program is carried through it will mean much to Bulgaria, because it will attract the tourists that now avoid its discomforts. The land is a superbly beautiful land. Hotels are needed.

Putting the Doctors Out to Grass

EMBARRASSED by too many doctors in the cities, and not enough in the country districts, the Bulgarian government now requires every medical student to serve two years in the provinces at a salary of $25 per month, fixed by the state. In this time he is not allowed to accept any fees. The state provides lodgings and traveling expenses.

In the Court of Common Pleas of Philadelphia County

PENNSYLVANIA

WATCH TOWER BIBLE & TRACT SOCIETY,

a corporation,

Plaintiff,

versus

DENNIS DOUGHERTY, JAMES J. CLARKE, J. CARROLL MCCORMICK, and the ROMAN CATHOLIC ARCHDIOCESE OF PHILADELPHIA,

a corporation,

Defendants.

No. ............ of

AUGUST TERM, 1936.

STATEMENT OF CLAIM

The Watch Tower Bible & Tract Society, a Corporation, claims of Dennis Dougherty, James J. Clarke, J. Carroll McCormick, and the Roman Catholic Archdiocese of Philadelphia, a corporation, defendants above named, the sum of One Hundred Thousand ($100,000.00) Dollars, actual and punitive damages, upon causes of action whereof the following is a statement:

I. Plaintiff is a corporation duly organized and existing under the laws of the State of Pennsylvania, and having its principal office in the City of Allegheny, in the County of Allegheny, Pennsylvania.

II. The purpose for which the corporation, which is a non-profit-making membership corporation without capital stock, is formed, is the dissemination of Bible truths in various languages by means of the publication of tracts, pamphlets, papers and other religious documents, and by the use of all other lawful means which its Board of Directors, duly constituted, shall deem expedient for the furtherance of the purpose stated, including for some years past radio broadcasting, as hereinafter more particularly set forth.

III. Defendant Dennis Dougherty is the Roman Catholic Cardinal Archbishop of the Archdiocese of Philadelphia and its chief executive officer in matters ecclesiastical and secular; the defendant James J. Clarke is a priest of the Roman Catholic Church and pastor in charge of a church known as Church of Our Lady of the Blessed Sacrament, Holy Ghost Fathers, located at No. 714 North Broad Street, in the City of Philadelphia; the defendant J. Carroll McCormick is a Roman Catholic priest and is Chancellor or secretary of the defendant Archdiocese of Philadelphia; and the defendant Roman Catholic Archdiocese of Philadelphia is a corporation or juridical personality created under or recognized by the laws of the State of Pennsylvania; and all of the said defendants are residents of the City of Philadelphia, and of the State of Pennsylvania.

IV. The three defendants other than the defendant Dougherty, who is their superior and directs and controls them, are under the authority of the defendant Dougherty and subject to and owe full obedience to him as head of said Diocese.

V. Among the duties and activities of the said four defendants and within the actual or assumed scope of their office, authority and employment, are those of promoting the ecclesiastical and material interests of the said Archdiocese and of the Roman Catholic Church therein and in general, and its beliefs, dogmas and teachings, and to prevent and suppress by any means available, including threats, boycotts and other more drastic means, all opposing activities and religious teachings and propaganda, as hereinafter more fully instanced.

VI. As one of the means or instrumentalities availed of by this plaintiff for carrying on the legitimate purposes expressed in its said Charter granted by the State of Pennsylvania, for more than ten years last past it has actively conducted through its President, Judge Joseph F. Rutherford, and others, a weekly series of addresses on Biblical and religious subjects by radio broadcasts over the Radio Station known as Station WIP, located in the City of Philadelphia, under contracts in writing with the Pennsylvania Broadcasting Company, a Pennsylvania corporation operating said station WIP, which is owned and controlled through heavy pecuniary interest by Gimbel Brothers of Philadelphia.

VII. The said contracts for broadcasting the addresses of Judge Rutherford and others were annual contracts renewed at the end of each period, the last of which was effective from April 1, 1935, and expiring March 31, 1936, and the same was to have been and would have been then renewed for a further term of one year and indefinitely thereafter but for the unlawful and malicious acts of interference on the part of the several defendants herein, as now more particularly stated.

VIII. The said several defendants, Dennis Dougherty, individually and as Archbishop and head of the said Archdiocese and on behalf of the same and of the said Roman Catholic Church, the said defendant Archdiocese acting through the said Dougherty and the defendant J. Carroll McCormick as its chancellor and officer, and the defendants McCormick and Clarke as individuals and priests of the said Church and Archdiocese, all and severally actuated by religious hatred, bigotry and intolerance towards this plaintiff and its broadcaster Judge Rutherford and others of its speakers in said broadcasts of addresses in furtherance of the chartered purposes of the plaintiff corporation, in the month of February, 1936, and thereafter prior to and up to the time of the expiration of the then effective broadcasting contract, and for the purpose of interfering therewith and forcing a breach of the same and a refusal by said Broadcasting Company and Gimbel Brothers to renew and continue the same, as they were ready and willing to do and would otherwise have done as requested by this plaintiff, conspired and concerted together to interfere with and cause an unlawful breach of said contract and refusal to renew the same, and to deprive this plaintiff and its officers and public speakers by said broadcasts of their fundamental rights of free speech and public propaganda of their legitimate Biblical and religious teachings and to close their mouths in voicing opinions which the said defendants presumptuously declared to be objectionable to themselves and to their Church and its adherents, did in furtherance and execution of their said malicious conspiracy and concerted wrong against this plaintiff, the following unlawful, malicious and wrongful acts overt in prejudice of the lawful rights and liberties of plaintiff, to wit:

IX. The defendant James J. Clarke, at the instance and instigation and with the consent and approval of his several co-defendants herein named, did on February 15, 1936, write a certain letter on the letter-heads of the said Church of Our Lady, etc., addressed to Station WIP and to Gimbel Bros., in which said letter he wrote and declared that "As a Catholic Clergyman & as Pastor of the above named Church, in the name of my Parishioners, I protest against you allowing broadcasting facilities to Judge Rutherford next Sunday afternoon at 3 P.M. or any other time"; and he alleged as his "reasons for this protest, that Judge Rutherford attacks the Catholic Church, misrepresents her teachings & foments religious hatred & bigotry," which said allegations are maliciously untrue, while the clerical author is seemingly oblivious of the religious hatred and bigotry explicit in his demand to silence this plaintiff and Judge Rutherford and to deprive them of their lawful right of freedom of speech simply because the defendants dislike and fear the educative addresses broadcast over the said Station WIP; and said letter further contained a threat of boycott against Gimbel Brothers if they permitted their radio station to carry further broadcasts of Judge Rutherford, it being declared therein, that "If the said Judge is allowed to speak next Sunday afternoon please take my name off your charge account list, because I will never spend another penny in Gimbel Bros store"; and the reverend writer adds in the said letter: "The surprise is that you would allow such a broadcast & thereby expose a very large per cent of your customers to open insult and ridicule," which said intimation or allegation that this plaintiff or Judge Rutherford spoke or broadcast words intended or tending by any just and reasonable interpretation to expose Roman Catholics to insult or ridicule is untrue; and the said defendant Clarke closed his said letter with the wish and threat, "Hoping you will take the necessary action," that is, breach your said contract with this plaintiff because of the above-recited threats, and deny plaintiff and its speakers the right of free speech distasteful to these defendants, their hierarchy and Church.

X. The above letter being delivered on its date to the addressees, Station WIP, and Gimbel Brothers, who justly refused to be influenced thereby to breach their contract and to deny freedom of speech over its broadcasting system and national and international connections used by plaintiff and its speakers for years past, the said several defendants above named, in further execution and as part of their said malicious concert and conspiracy to silence this plaintiff over said Radio System, began and carried on for some weeks an intensive and vituperative campaign of threats of boycott and reprisal against said Station WIP and Gimbel Brothers, for the purpose unlawful and malicious of compelling them to refuse to further renew the said broadcasting contract upon its expiration on March 31, 1936, and to that end and for that unlawful purpose, said defendants procured their parishioners and other adherents, including many of the "very large per cent" of Roman Catholic customers of Gimbel Bros., to write a great number of protesting and threatening letters to the said Station WIP and to Gimbel Brothers, and to make a great many personal visits and telephone calls to them, of like tenor and effect as protests and threats as those in the above-mentioned letter of the defendant Clarke, the exact contents and number thereof being unknown to plaintiff, but the said letters and records of visits and calls are preserved by said Station WIP and by Gimbel Brothers, and will be proved upon the trial of this action.

XI. That as the direct and proximate consequence and result of the said letters, personal visits, telephone calls, protests, threats and fear of boycotts, and of no other circumstances or considerations whatsoever, the said Station WIP and Gimbel Brothers refused the request and offer of plaintiff duly and timely made to them before the expiration of the said contract on March 31, 1936, to renew the said contract and to continue the use of its said broadcasting facilities to this plaintiff; that plaintiff was willing, ready and able financially and in every wise to renew the said contract and said Station WIP and Gimbel Brothers had promised and agreed to renew and were otherwise willing and ready and able to renew the same, and could and would have done so except for the malicious, intolerant and bigoted interference and threats of the said several defendants hereinbefore named, and plaintiff was thereby and therefore prevented and disabled from continuing its series of broadcasts and was forced to abandon and discontinue the same solely because of the malicious conspiracy and acts of defendants.

XII. That as the direct and proximate result of the said conspiracy and interference of the defendants, the plaintiff has suffered the loss of a contract very valuable to it in the prosecution of the purposes for which it was chartered, and has suffered great financial loss and damage, and great damage to its credit and prestige as the exponent of Biblical and religious truth, has been greatly hindered and embarrassed in its authorized work, and has been otherwise greatly injured.

To the damage of the plaintiff in the sum of One Hundred Thousand ($100,000.00) Dollars, and therefore it brings this suit.

XIII. And for a further and second cause of action, the plaintiff repeats and realleges all of the matters and facts pleaded and set forth in the foregoing Statement of Claim and in Paragraphs I to XII thereof inclusive, with the same force and effect as if again set forth in full herein, and for its further cause of action alleges and says:

XIV. The right to make and enforce contracts is a legal right secured to plaintiff by virtue of the Constitution and laws of the United States and of the State of Pennsylvania, and particularly by Section 1977 of the Revised Statutes of the United States.

XV. That by Section 3 of Section 1980 of the said Revised Statutes of the United States, it is provided that if two or more persons in any State conspire for the purpose of depriving, either directly or indirectly, any person or class of persons (which includes this plaintiff) of the equal protection of the laws, or of equal privileges or immunities under the laws, and that in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right (including the right to make and enforce contracts) or privilege of a citizen of the United States, the party so injured may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators.

XVI. The defendants above named, Dennis Dougherty, James J. Clarke, J. Carroll McCormick, and Roman Catholic Archdiocese of Philadelphia, have as above set forth in Paragraphs VIII, IX and X hereof, maliciously conspired together to prevent and by the overt acts therein set forth did prevent this plaintiff from renewing and making the contract for broadcasting mentioned and set forth in Paragraphs VI and VII hereof, and did cause the breach of the contract to renew the same, and from having and exercising the right and privilege of making and renewing said contract and from the right of conducting thereby the purposes for which it was chartered and from deriving the profits and advantages thereby secured to it, whereby plaintiff has suffered the injuries, losses and damages specified in Paragraphs XI and XII hereof and has been deprived of the right of freedom of speech and religious opinions guaranteed to it and its speakers by the Constitution and laws of the State of Pennsylvania and of the United States.

To the damage of the plaintiff in the sum of One Hundred Thousand ($100,000.00) Dollars, actual and punitive damages, and therefore it brings this suit.

JOSEPH WHELESS,

Attorney for Plaintiff.

EASTERN DISTRICT OF NEW YORK

STATE OF NEW YORK ss.

COUNTY OF KINGS

Personally appeared before me, Charles E. Wagner, a Notary Public in and for said County and State, WILLIAM E. VAN AMBURGH, who is known to me to be the Secretary and Treasurer of Watch Tower Bible & Tract Society, a corporation of the State of Pennsylvania having an office in the County of Kings and being authorized to carry on its corporate business in the State of New York, the plaintiff herein named, who, being duly sworn according to law, deposes and says that he is the Secretary and Treasurer of the said Watch Tower Bible & Tract Society, and that he has personal knowledge of the facts herein stated and is duly authorized to make this verification, and that the facts set forth in the foregoing Statement of Claim, so far as stated upon his own knowledge, are true, and so far as stated upon information, he believes them to be true, and expects to be able to prove them to be true upon the trial of this cause.

W. E. VAN AMBURGH.

SWORN TO and Subscribed before me

this 16th day of July, 1936.

CHARLES E. WAGNER

Notary Public, Kings County

Clerks No. 37, Reg. No. 8042

Commission Expires March 30, 1938

[SEAL] Legal Vindication Against Religious Intolerance By Joseph Wheless (New York City)

THE editor of The Golden Age asks me, as the attorney who prepared both cases, to make a brief explanation of the significance and great importance of the two actions at law just filed in the courts at Philadelphia, by the Watch Tower Society and Judge Rutherford, against “His Eminence” Dennis Cardinal Dougherty, Roman Catholic archbishop of Philadelphia, and several of his co-conspirators against American liberties, the verified pleadings in which suits are published in the present issue of this journal.

This I am pleased to do; for seldom, if ever, has so signal an opportunity come to citizens and to courts of this country to vindicate, against bigoted arrogance, such outrages upon the fundamental American rights of freedom of speech and religious liberty as the Roman Hierarchy is now forced, by these vindicative actions, to answer publicly before the tribunals of law and of public opinion.

As the hosts of readers of The Golden Age well know through its columns (though not a word of the presumptuous outrage appears either as news or as alarmed protest in the great “free press” of America) the Roman Hierarchy of Philadelphia played a sinister “All Fools’” trick last April 1, on the Watch Tower and Judge Rutherford—and on American liberties—when by threats of boycott and through fear it bulldozed Radio Broadcasting Station WIP and its owners, Gimbel Brothers, of Philadelphia, into the cancellation of its ten-year-old broadcasting arrangement for the fearless addresses of Judge Rutherford on Bible truths and the curiosity known as “Catholic truth”. The underlying facts are so fully stated in the pleadings herewith published that I avoid repetition of facts, and simply point out some of the far-reaching legal aspects of the two celebrated causes.

Both cases—each for $100,000.00 actual and punitive damages—arise out of the same conspiracy and wrongful acts of the four Hierarchical defendants; but each involves a distinct “cause of action” and distinct principles of law. The action of Judge Rutherford is for libel, or false and defamatory statements in writing, as appear in the photostat facsimile of “Our Lady’s” priest Clarke set out in the pleadings; it is brought in the Federal court by reason of “diversity of citizenship” between the plaintiff and the several defendants. The Watch Tower Society, being a Pennsylvania corporation, must bring suit in the State court, “in trespass” for the malicious interference with its broadcasting agreement with Station WIP and causing the same to be broken and discontinued, which also constitutes a violation of Federal law as set up in its second cause of action, as well as a crime under the Revised Statutes of the United States, Section 5508, carrying a penalty of fine of $5,000 and imprisonment up to ten years. But what hope of an indictment of a Roman “cardinal” by a Romanist district attorney!

The reverend Roman violators of American liberties, in their holy zeal of oppression and suppression, probably did not expect an unterrified American citizen to rise and strike back; evidently they did not contemplate the legal possibilities involved. The libel in Judge Rutherford’s action accuses, that he “attacks the Catholic Church, misrepresents her teachings, and foments religious hatred and bigotry”; oblivious, as the pleadings point out, of the hatred and bigotry of their own attempt to throttle free speech and religious opinions distasteful to their holy selves.

The charge “attacks the Catholic Church” by word is preposterous in view of the Catholic Church’s own record of fire and rack and sword attacks on every Protestant and dissident church; it can easily be laughed and shamed out of court, along with its pitiable plea of “foments religious hatred and bigotry”, which is the “Church’s” own specialty, invented and monopolized by itself. But its other curious acusal, “misrepresents her teachings,” is likely to prove a major embarrassment to “Holy Church” when it comes to the proofs in court.

In law, the only effective defense in libel is “justification”—not “by faith”, but by legal proofs of the truth of otherwise libelous charges. His Eminence and associates, therefore, to escape payment of damages, must specify just what “teachings” of “Holy Church” Judge Rutherford, they say, falsely “misrepresents”; and they must show the court and jury just where, in the Bible itself, those “Churchly” “teachings” find their solid support in the unperverted texts of the Bible. Thus Bible truth, as expounded by Judge Rutherford, will have its day in court, and its vindication as against “Catholic truth” as purveyed by the “Church”. And that day in court promises to be a notable day on its calendar.

The other action, that of the Watch Tower Society, for the malicious tampering with its contract rights, and by threats of boycott and of “further and more drastic action”, as threatened by His Eminence himself, involves the most fundamental and sacred civic liberties of American citizens: the rights of free speech and of conscience, of religious belief and opinion. Throughout America, by threats and menaces, by boycotts, censorship, and manifold tyrannous manifestations of “Catholic Action”, the non-Catholic citizenry is subjected to a sinister and persistent campaign of terrorism by the Roman Catholic minority oligarchy in its efforts to “Make America Catholic”, or at all hazards to make it through economic fear supine and subservient before the ruthless march of Romanism towards rule and ruin in our America.

Higher Powers

A five-minute talk by Judge Rutherford

THE scripture at Romans 13 reads: "Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God." Who constitute the "higher powers" here mentioned? Many hold that the officers of the nations or state are the higher powers. Reason alone shows that such claim is not true. The powers in the various nations are at conflict, and all contrary to God. In Russia God and the Bible are completely ignored. In Germany the true followers of Christ Jesus are cruelly persecuted and thrown into prison because they even meet together to study God's Word. Surely God did not ordain such powers.

The foregoing text is addressed exclusively to those who have agreed to follow the Lord Jesus Christ. The text is preceded by these words, to wit: To those "beloved of God, called to be saints". This proves that the text has no reference to worldly governing powers, or officers, but that it is limited to God's organization. Who, then, are the higher powers of God's organization? That answer given in the Scriptures is this, to wit: Jehovah God is the supreme power; Christ Jesus the Son of God is His chief officer, to whom God has committed all power and authority to execute Jehovah's purposes. It is written (Psalm 62:11): "Power belongeth unto God." At Matthew 28:18, Jesus said: "All power is given unto me in heaven and in earth." At John 5, 'God hath committed unto Jesus all power and authority to execute His judgment.' The apostles were the first true followers of Christ Jesus on earth, and Jesus sent them forth as His representatives and endowed them with certain specific powers above other men. The apostles, therefore, were by the Lord made visible rulers in the church and constituted a power higher than the others. For that reason the apostle wrote to the church, at Hebrews 13:17: 'Obey them that have the rule over you; for they watch for your souls as they that must give account.'

Everything with Jehovah God is orderly, and He commands those who enter His organization to be orderly and therefore subject to His laws or rules. Anyone who opposes the rules of God's organization as laid down in the Scriptures is an opponent of God. As further proof that "the higher powers" does not refer to earthly governors, it is written, at Romans 13:3, 4, concerning Christ Jesus, the head of the church, and the apostles, to whom specific power was granted: "Rulers are not a terror to good works, but to the evil." Many of the rulers of nations of earth are a terror to good works. It is certain that God would not ordain some with power to persecute His people and defame His name. The rulers mentioned by the apostle are the ones upon whom Jehovah has laid the obligation to perform duties in His organization. Then the scripture text adds: 'For he is the minister of God. He beareth not the sword in vain." Without a doubt this part of the text applies to the Lord Jesus Christ, to whom God has committed power and authority. That Jesus Christ is the one whom God sends forth to execute His judgment it is written (Psalm 45:3, 7): "Gird thy sword upon thy thigh, O most Mighty, with thy glory and thy majesty. Thou lovest righteousness, and hatest wickedness: therefore God, thy God, hath anointed thee with the oil of gladness above thy fellows."

It is wholly inconsistent to say that the higher powers are those men of the world who hold the offices. The Devil has seized upon this scripture and caused men to misapply it in order to compel men to be subject to all manner of wicked rules and thus cause them to be unfaithful to God. When you get the right view of this text you see that the supreme power is Jehovah and that Jehovah and Christ Jesus are the higher powers and that every person who remains faithful to God must willingly be obedient to such higher powers. Moses was an important man in God's typical organization and Moses was a type foreshadowing Christ Jesus, concerning whom it is written, in Acts 3:22, 23, that every one who would live must be obedient to this Greater Moses, the Lord Jesus Christ.

All these Scripture texts prove that those who have become a part of God's organization by faith in Christ Jesus and by a full consecration to do God's will must be subject to the laws of God and the rules of His organization and that they are not required by the Scriptures to be subject to the laws of the nations that are in conflict with God's law. The Christian's first duty is to God. If the law of the state or nation requires a Christian to do that which is contrary to God's law, then the Christian must obey God rather than man. This was the rule followed by the apostles of Jesus Christ. (Acts 4:19; 5:29) The true followers of Christ Jesus are law-abiding people, and they obey every law of the land that is not in conflict with God's law. They are not "reds" or "communists", but they are the followers of Christ Jesus. They are the only ones on earth who are truly for the kingdom of God, which kingdom will bring peace and prosperity to the people.

fully agreeing to do the will of God must then, in order to be faithful, be obedient to God at all times. Does that mean that a Christian is disloyal to the country in which he lives and can violate the laws of that country with impunity? No, it means nothing of the kind. The question as to the meaning of loyalty will be considered on another occasion.

[The foregoing is No. 50 in a series of "five-minute talks" by Judge Rutherford which have met with much appreciation. The series has been reproduced for the phonograph, and the records are being used (with the ordinary type of machine) for the purpose of bringing vital Bible truths to the attention of friends, neighbors and others. The records are made by the Watch Tower Bible & Tract Society, Brooklyn, N.Y. Any inquiries concerning them should be addressed to the Society rather than to The Golden Age.]

Jehovah's witnesses

Wanted the Lord to Have It All

(An interesting letter to Judge Rutherford)

——, N. J., June 14, 1936.

DEAR BROTHER RUTHERFORD:

For Jehovah and for Gideon.

A short time ago some true Christians and I were arrested in the good town of Orange, N. J., while preaching about the rich blessings Jehovah God has in store for His children. We were sentenced immediately to the Essex County Penitentiary, at Caldwell, N. J., to hard labor.

Please find enclosed an enormous check for sixty-three cents (63c), which I received in payment for a couple of weeks' work. I am donating this check to be used for the radio, whereby the hypocritical crowd may be exposed from beneath their refuge, a mountain of LIES, as stated in Isaiah 28:15.

By the Lord's grace may we continue singing of His power and strength.

Your brother in Jehovah's chariot,

NICHOLAS KOVALAK, Jr.

Jehovah's Slanderers vs. Jehovah's witnesses

(Continued from page 755)

violent in their denunciation. Said one, "You ought to be arrested for circulating such a thing."

Some so-called "Protestants" had more fear of the Hierarchy than the Catholics. They grew pale and hastily closed the interview.

Returning to the editorial first mentioned: It would seem that the indignation among Catholics was not quite as general as the Hierarchy would have the people believe.

But what about Jehovah's slanderers? The editorial does not make it clear who are referred to by this statement. Since, however, a slanderer is one who utters falsehoods concerning another, and since the Roman Hierarchy unquestionably teaches doctrines that charge Jehovah with tormenting His creatures after death, and that they may be relieved by prayers and offerings, it must be that they are the ones indicated.

And now, a petition is being circulated which calls upon the Roman Hierarchy to appoint some representative to debate with Judge Rutherford the question as to whether the Hierarchy and its teachings have been misrepresented by him in his broadcasts. Judge Rutherford is willing to place the matter before the people by broadcasting such a debate over a hookup of radio stations. It is doubtless true that Judge Rutherford has in effect stated that the Hierarchy has slandered Jehovah's fair name. But he is willing to give them an opportunity to meet him in open debate and to present their defense—if any.

It is really a case of Jehovah's witnesses vs. Jehovah's slanderers. The editorial mentioned has very little point to it, but it does, apparently, suggest a name for those who have been misrepresenting the great God whose Word declares that He is love.

Uneasy Lies King Boris' Head

KING BORIS, of Bulgaria, has everything that heart could wish, but his food is cooked by detectives and is brought to him by detectives. Behind the curtains of the state ballroom are machine guns like those which Flynn had behind Judge Rutherford when the latter spoke at Plainfield. A parrot kept repeating "Kill the king", and an investigation disclosed that army officers had made up a list of forty people they intended to bump off. The king's name was at the head of the list. The parrot saved his life.

Jehovah's Slanderers vs. Jehovah's witnesses

THE Philadelphia Catholic Standard and Times of May 15, 1936, contained an editorial headed "Jehovah's Slanderers". It starts off with a paragraph stating:

A wave of indignation on the part of the Catholic people of Philadelphia and vicinity was provoked by the widespread dissemination of an advertising flyer by the "Jehovah's Witnesses." The flyer reproduced certain letters of protest sent to Station WIP. The protest was against allowing broadcasting facilities for the "Watch Tower Program" on the score that this broadcast "attacks the Catholic Church, misrepresents her teachings and foments religious hatred and bigotry."

Just why the Catholic people of Philadelphia should object to the reproduction for the benefit of the public of letters of protest which their religious leaders had written to intimidate station WIP is not quite clear. Or that all the Catholic people, or even most of them, were indignant is not quite certain. Information coming to this office, for instance, indicates that quite a goodly percentage of Philadelphia Catholics are definitely in favor of fair play, and that was all the "circular" mentioned, and all the accompanying petition asked for. See The Golden Age No. 439, pages 648-650.

One of those circulating the petition, relating some of his experiences in so doing, mentions the following:

Elderly woman: "I am a Catholic. I do not subscribe to all Judge Rutherford says, but I've signed two petitions for him and I'll sign this one, too. He has as much right to talk as anyone else."

“Begorra, Cathie, an’ did ye ever see sich a foine medal as Oi got from the ‘holy fǎther’ for me worruk in the movayes?”

“Sure, Dennis, an’ ’tis a shame ye can’t hang it over the black eye ye got a meddlin’ with WIP.”

At one house, two men (one a visitor) said, "We'll sign this; there is nothing wrong with what Judge Rutherford says. I heard him and I know. He can't make the world any worse than those other guys who are trying to run it. We are Catholics, too."

Another man first read the card introducing the petition and asked, "Who is the judge?" Upon being told, "Judge Rutherford," he immediately signed, saying, "My mother is one of Jehovah's witnesses, and I am a Catholic."

The few individual Protestants who have not "died" sign the petition gladly—with joy. One woman, who adored her minister, signed because, while she only disliked Jehovah's witnesses, she hated the Roman Catholic Hierarchy. Protestants are very careful to first ascertain that it isn't for Coughlin.

The majority of signers put down their "John Henry" when they found out it was to put Judge Rutherford back on WIP—all the while deploring the rampant bigotry of the Roman Hierarchy.

Of the Catholic signers, the majority had an honest desire to hear a debate along the lines specified in the petition.

A woman refused to sign. The 'petitioner' gave her the Golden Age issue containing the first of the series of articles on "Philistia—Catholic Action". She saw the cartoon, 'War and the Hierarchy', on the first page (See G. A. No. 436.) and called the worker back, saying, "I think I will sign this petition. I saw something in this magazine I don't like."

One man refused to sign because he didn't want to hear any "priestly rubbish" [his words] over the radio. An explanation cleared up the matter, and he signed.

An elderly lady refused to sign at first because Jehovah's witnesses do not salute flags. Receiving an explanation giving the reason, she signed immediately.

One man refused to sign because he had no interest in either party; said he believed in freedom of speech and conscience. When asked if freedom of speech and conscience was not the willingness to accord to others their rights regardless of personal indifference, he backed down.

One Catholic sat on her porch and suffered agonies as she saw her Catholic neighbors sign the petition, one right after another.

The petition stung the bigots to fury. They were

(Continued on page 754) Mexico

"Pascola" Dance Forbidden in Sonora

REFERRING to the reasons for exiling of Roman Catholic priests from the state of Sonora, Mexico, the Washington (D.C.) Evening Star says (of the poor Yaquis that have been kept in ignorance for four hundred years): "The plaster statue of their patron saint has been destroyed. The ancient cathedral in which they had worshiped his image as long as the old men could remember was closed to them, turned into a political meeting place, the priests in exile. The Yaqui were forbidden their pagan 'Pascola' dance about a rag-doll 'Christ' and a straw 'Judas'. The image of the saint was cremated in Hermosillo, the state's capital, when the state took over the church and exiled the priests for teaching alleged superstitious doctrines to the peons and Indians."

The Oakland (Calif.) Call and Bulletin has the same Associated Press dispatch as the Washington Evening Star, above quoted, but gives additional reasons for the action taken by the state. Concerning the poor Yaquis it says that they were "all confident that if they could lay finger on the plaster saint they would be made whole. Stories of miracles are many among the Indians and peons. Jewels, bars of silver and gold, and coins have poured into an iron box beside the image on the fiesta day". What was done with all the money was not mentioned in the dispatch.

No Longer After Daniels' Scalp

FOR reasons of their own the Roman Hierarchy are no longer after the scalp of Josephus Daniels, United States minister to Mexico. Heretofore they denounced him on every occasion as unduly favoring the present Mexican régime; now they are careful to avoid saying anything reflecting upon him, and one of their spokesmen, Dr. Joseph F. Thorning, of Georgetown University, in a debate in the University of Virginia, praised Ambassador Daniels as a "fair-minded liberal gentleman without an atom of prejudice".

"Swords into Plowshares"

WITH commendable pride the Mexican war department exhibited in the capital the first plows produced from discarded artillery and shells. Ten thousand more plows will be made in the same manner, instead of using the metal for modern man-killing apparatus.

K. of C. Ebullitions Mere Propaganda

IT SEEMS to have been all fixed up between the White House and the Roman Hierarchy that the Knights of Columbus should pretend to be awfully excited because the United States does not inject its proboscis into Mexico's internal affairs, and then, for the effect on the so-called "Protestants", the president should seem awfully stubborn about not doing as the Knights wish him to do. And now comes a letter from Archbishop John T. McNicholas, of the archdiocese of Cincinnati, in which he said to his flock: "We wish our priests and people to understand unmistakably that the Knights of Columbus in no sense speak for the priesthood or for the Catholic laity of the archdiocese of Cincinnati on the persecution of religion in Mexico, or on any other subject having religious implications, unless they have a commission from us." John seems to have concluded that the American people have had about enough of the Mexico bunk for now and that it is just as well to give the K. of C. a kick in the trousers and tell them to pipe down.

Reducing Cemetery Grafts

REDUCING cemetery grafts, the State of Sonora, Mexico, has issued an order stipulating that no more candles may be burned over graves on the "Day of the Dead", no wreaths may be placed, and no sales of religious objects held in cemeteries.

Mexican Religious Strife Artificial

THE Mexican newspaper El Dia, after a nine-year silence on the Mexican state-church question, declares that the religious problem does not really exist, but was invented as a basis for creating difficulties and disorders.

Sentenced After Six Years' Delay

AFTER six years' delay, "Reverend Father" Jose Jimenez Palacios, Roman Catholic priest, has been given twenty years' imprisonment for complicity in the assassination of Mexico's president General Alvaro Obregon, in 1928.

Free Telegraph Messages in Mexico

MEXICO has the novel system that between noon and one o'clock of any day any citizen may send the president of the country a twenty-word complaint or recommendation absolutely free of charge.

Britain

Extracts from Mark Twain

"ANY kind of royalty, howsoever modified, any kind of aristocracy, howsoever primed, is rightly an insult; but if you are born and brought up under that sort of arrangement you probably never find it out for yourself, and don't believe it when somebody tells you. It is enough to make a person ashamed of his race to think of the sort of froth that has always occupied its thrones without shadow of right or reason, and the seventh-rate people that have always figured as its aristocracies—a company of monarchs and nobles who, as a rule, would have achieved only poverty and obscurity, if left, like their betters, to their own exertions."

"The truth was, the nation as a body was in the world for one object: to grovel before king and church and noble; to slave for them, sweat blood for them, starve that they might be fed, work that they might play, drink misery to the dregs that they might be happy, go naked that they might wear silk and jewels, pay taxes that they might be spared from paying them, be familiar all their lives with the degrading language and postures of adulation that they might walk in pride and think themselves the gods of this world. And for all this, the thanks they got were cuffs and contempt, and so poor-spirited were they that they took even this sort of attention as an honor."—"The Connecticut Yankee at King Arthur's Court."

Stating It as a Diplomat

THE American people are sore at the British for repudiating their debt at a time when 10,000,000 people in the United States are out of work; but the way a diplomat expresses this fact, known to every American, was shown when the American ambassador to London (R. W. Bingham) said: "If the British and American peoples would only grasp the present opportunity for a lasting understanding and initiate a technique of close diplomatic co-operation, the world would be relieved of its panics and live in security. Every major diplomatic problem would solve itself."

Protestantism on Its Deathbed in Britain

AT A meeting of the Catholic Missionary Society in London the statements were freely made that "the land is ripe for conquest; there never has been since the Reformation a chance such as is ours today—Protestantism on its deathbed".

"Horne" Blowing 300 Years Ago

THE British postal service was inaugurated 300 years ago, and at first handled 26,000 letters a week; now the same service handles 20,000,000 letters a day. The rules required the postman, 300 years ago, to get a speed of seven miles an hour out of his nags in summer and five in winter. He was obliged to toot his "horne" every quarter of a mile to let the people know he was coming; and if he met anybody he tooted extra, for good measure.

British Postal Service 300 Years Old

THE British postal service was 300 years old on July 31. The king of England in commemoration sent a telegram of congratulation to everybody in the postal service. Of course the dispatch was addressed to the postmaster general, but he sent copies of it all over the realm, and it was a nice thing to do. In Britain the telegraph service is handled by the Post Office, as it logically should be everywhere.

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