# Petition for Writ of Certiorari — Kuehn v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386416_1421%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1947 - **Citation:** 332 U.S. 837 ## Text iLE COPY In the Supreme C United States ate OcTOBER TERM, 1947 No. 416 FRIEDRICH WILHELM KUEHN, Petitioner, VS. _ THe Untrep States OF AMERICA, Respondent. 4 PETITION FOR WRIT OF CERTIORARI to the United States Circuit Court of Appeals for the Ninth Circuit and BRIEF IN SUPPORT THEREOF. \ Casper A. ORNBAUN, P. O. Box 15, Healdsburg, California, Attorney for Petitioner. Everett H. Roan, 1500 Central Tower, San Francisco 3, California, Of Counsel. p-WaALSH PrintiInG Co., San Francisco, CALIFORNIA Subject Index Page PUReaene: HNP WUE OE CHUNG oi io ccc eakccs ions. 1 Summary statement of the matter involved.............. 2 se gesmceriimasnaate lee OE Oe ee, 4 capiuancurnnanh ee LTT Te CE POP on 4 Questions presented and reasons relied upon for the allow- WE ET WHS wiv. ake edascndbaaciuscucnaciad calcu, 5 Brief in support of petition for writ of certiorari.......... 13 I. Statement of basis of jurisdiction ...................... 13 II. Penney OE POI sins a hacanakinekndccccarevcece, 15 III. WE WE SiN ok basen cpnenehhiiaee ch kick ee 16 IV. Pee ME ON bcs kc kaaebhinck Ch wkkcc nce 17 Petitioner not linked to Bund leaders ................. 17 V. Statement of present case ......... 0.00. ccc cc ccc ce cece. 19 A. Issues raised by the pleadings.................... 19 ee ME husacev eandagecda be. cueec eri Coane 22 WA III 0 hb wRAEA SACL keke bl veracce ue 22 nk (d) * * *” (Oct. 14, 1940, c. 876, Title I, Sub- chap. III, $301, 54 Stat. 1140, U. S. Code, Title 8, Sec. 701.) Appeals, ‘*§225. (Judicial Code, Section 128, amended.) Appellate Jurisdiction. (a) Review of final decisions. The circuit courts of appeals shall have appellate jurisdiction to review by appeal or writ of error final decisions— First. In the district courts * * * . = = = * * * (d) Circuits in which reviews shall be had. The review under this section shall be in the following circuit court of appeals: The decisions of a district court of the United States within a State in the circuit court of appeals for the circuit embracing such State * * * + = = = = = >: (U. S. Code, Title 28, See. 225.) *§230. Tome for making application for appeal on writ of error. No writ of error or appeal intended to bring any judgment or decree before a circuit court of appeals for review shall be allowed unless applica- tion therefor be duly made within three months after iii. the entry of such judgment or decree.’ (U.S. Code, Title 28, Sec. 230; Mar, 3, 1891, ¢, 517, §11, 26 Stat. 829; Feb. 13, 1925, ¢. 229, §(c), 43 Stat. 940.) “§211. (Judicial Code, Section 116.) Circuits. There shall be ten judicial circuits of the United States, constituted as follows: * * 7 * * 7 * Ninth. The ninth circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana, Hawaii, and Arizona.’’ (U.S. Code, Title 28, See. 211.) Certiorari. “*§347 (Judicial Code, Section 240, amended.) ‘*(a) In any case, civil or criminal, in a circuit court of appeals, or in the United States Court of Appeals for the District of Columbia, it shall be competent for the Supreme Court of the United States, upon the petition of any party thereto, whether Government or other litigant, to require by certiorari, either before or after the judgment or decree by such lower court, that the cause be certified to the Supreme Court for determination by it with the same power and authority, and with like effect, as if the cause had been brought there by unre- stricted appeal.”’ (U. S. Code, Title 28, §347.) Plaintiff’s Exhibit 5. Mr, Chairman, Gentlemen, Fellowcitizens: Dr. Snow knowing me, and knowing, that I am a member of the lately so much talked about German American Bund, has asked me to come up here to- night and tell you something about the unamerican and subversive activities the German American Bund is supposed to be doing. First of all, as I am not accustomed to public speaking, I have made these notes, and on the other hand I always have proof to the words spoken and I have been careful to make no statements in the following for which complete proof is not available or I can prove myself. It can’t happen here. What is ‘‘It’’ and can it or can’t it happen here? It sums up the horrors which Communism has perpetrated upon untold millions of Christian human beings in Russia, Hungary, Ger- many, Mexico, is perpetrating at the present moment in Spain, and is ready to perpetrate upon American Christians. Can it happen here? The answer is in the affirmative. IT CAN HAPPEN HERE because all preparations for such happenings are well under the way. The strategists of Sovietism, which is imposed upon a nation by a bloodthirsty minority, are plentiful in the United States. Murderers all, they have been made welcome in America. For their benefit, the former law, which debarred criminals from entering this country was conveniently altered, and they were ~~ received with open arms under the complimentary label ‘‘political refugees’. And the organization, which I belong to and which is build up out of patriotic citizens, would not be the center of attacks and slanderous lies, ete., if it was not for the fact, that the Bund has always dared to state openly and honestly, that Communism is Jew- invented, Jew-directed and Jew-controlled, both in this country as in Russia, Hungary, Mexico, Spain, China and formerly as it was in Germany. I, as most of the Bund-members, have seen Commu- nism in Germany and I tell you, Gentlemen, no-one who has not seen the dangers of Communism can not realize it. You have seen pictures of Spain and China, where innocent women, with babies in their arms are coming down the streets and are shot at, but you have not seen the machineguns behind these women, who are only used for shields and that’s only a little part of Communism and then talk about hu- manity. What would you do, just ask yourself. But I was there at that time in Germany and that’s why I will fight to the last drop of blood in me to beware my fellowcitizens and my community for any hap- penings like that. And everybody else would, if we only realized the danger, which is lying over us, But most of our fellow citizens do not take enough interest about what is going on, and when the house is burn- ing, they wonder how it could catch fire. But as citizens of the United States now, we have the duty, to make use of our knowledge and expe- xi rience of Communism, we have seen it over there and we certainly want to prevent this our country now, to go through the same terrible happenings, which took place in Russia, Hungary, Germany and are now taking place in Spain and China. In our fight against Communism in this country we have been and are always attacked as ‘‘Nazis’’. This however is an old trick of Communism to spread a scare of Fascism, in order to detract attention from their own subversive, un-American activities. That is why we are today charging Congressman Dickstein with the persecution of upright, loyal American citi- zens as ‘‘Nazis’’, making unwarranted charges, while hiding behind his congressional immunity. We charge him, by spreading this ‘‘Nazi scare’’ to give his Rus- sian friends more time for their communistie under- mining of American principles. We charge, as I said before, Mr. Dickstein, as a member of the immi- gration committee of opening the gates of the United States to foreign agitators, now traveling all over this country, spreading race hatred and class hatred. German Americans in the past have always shown their loyalty to the United States in any emergency. It might have been under George Washington and Abraham Lincoln and again it was in the last world war, Where in many a case brother has fought against brother, but they were loyal to the United States. Today another emergency has arisen. The German American Bund is calling all patriotic citizens to the colors, in order to fight side by side with many other patriotic societies against the widespread red network in the United States, fight against Communism, An- a xl archism, against lawlessness and Godlessness and for real democracy, for the benefit of this our country the United States of America. The German American Bund, being a nationwide American organization, is not defending the policies of the new German Reich, because we feel that the laws passed in Germany are none of our business. We merely present the other side of the story, which has been presented in our press rather one-sided. We do not try to help Germany, as they are getting along lots better and very nicely without any help and advice from us. But we do try to promote good-will and friendship between the U. S. and Germany, as they always have been friends and only got plunged in the world war through the drums of propaganda and this propaganda is spread worse today than ever. May | show you a few samples from both sides. Treatment of the Jews in Germany, etc., is as little our business, as Germany pays any attention to the fact that we have laws in this country prohibiting the intermarriage between Gentiles and Orientals, or hav- ing social clubs in America, which do not permit Jews to become members. Or having resorts where on the entrance are signs placed: Gentiles only. Or having grounds where Jews can not enter or even buy and this is right across the bay in Burlingame. Or having street cars, where the negros have their special com- partments, etc., so why shall we kick about what Germany is doing when they pass certain laws. Lots of these things look funny to us but if we were there, we probably could understand things a lot better too. May I just mention the church situation, by coming xiii right to the point. Here church and state are sep- arate, and nobody thinks anything about that, and that is just what they are trying to do over there, and that’s why all the big squealing and church fights are going, because al] those ministers and priests and clergymen will be losing their nice fat government pay checks. And through all their erying they are trying to arouse public opinion. And now may I in short present the case, of which Dr. Snow has spoken to me about too, which hap- pened just a few days ago in New York between Bund members and the American Legion. You may not like it, the way I will bring it out to you, but the way I think, I can not change it and I am always right straight from the shoulder, whether you like it or not. It may not be uncommon for fists to fly at a political rally, overcharged with wine, whisky and beer, but when a peaceful assembly of men with their wives and children, which was the greater part of the audience, is invaded by a score of uninvited guests, whatever honorable designation they may claim, for the specific purpose of starting a riot, and then in the last minute, clapping on American Legion caps on their heads, and blood flows as a consequence of this riot, then it is time for law-abiding citizens to con- sider ways and means of suppressing the kind of agitation, that leads to such results. This riot apparently was instigated by Jews and scheduled for this certain day. And even our Repre- sentative Samuel Dickstein must have known about this ahead of time. According to press reports he X1V recently declared in Congress, that there would be bloodshed at this scheduled meeting. You gentlemen as members of the American Legion, I do not think, would approve to tactics, as just explained and I am confirmed in the belief in the Legion’s fairness and honorable aims in the report that J. F. Cross, state commander of the American Legion, said that of all the names mentioned in con- nection with the disturbance, only two at any time were members of the Legion, according to the records *** Thomas F, Dugan, Kings County commander of the Legion, said investigation had been started. He added that the members of the Legion who attended this meeting in Legion caps were in clear violation of the mandates and orders of the national organiza- tion, and must be punished. Investigation of the disorder was started by the police department and the American Legion heads. He also warned them, that if they did not take disciplinary action against the guilty legionnaires, he recommended to the state ex- ecutive committee that the charters of their posts be suspended or revoked. Gentlemen, all American patriots, Legion members, veterans and others are welcome as our guests at any time, open or closed meetings. We desire and intend to attain the friendship of all patriotic American or- ganizations, determined with us to maintain or recon- stitute these our United States a sovereign and inde- pendent, morally and ethically clean, socially just and God-fearing nation, and hence the uncompromising enemies of international, atheistic, Jewish Marxism xv in all its guises and disguises. Let white people run this country, as they did before the Jewish invasion. Over one-quarter million European Jews are coming to the United States to throw white American workers out of jobs. In closing I will read you a couple reports on the Bund from here and there. * Portland Police, Congress Investigation, General Robinson Santa Rosa Celebration, Purpose and Aim. I am thanking you of having given me the oppor- tunity of speaking to you about the German American Bund and I am sure, that you do understand the Bund lots better now, and this would be the case, if everybody would know more about the Bund. But should it occur, that the Bund ever would change its guide lines to anything un-American or subversive, I would withdraw my name from the membership list immediately. I believe America for the Americans and if these agitators see no matter what kind they may be, see a haven in Communistic Russia, or may these agitators be Fascist or Nazis, why don’t they go back to Russia, Spain, Italy or Germany? And if we do not have the laws to get rid of them, let Congress enact laws at once, that will do it. America is a great and hospitable country, but it should have no room for conspirators, traitors, in- grates and fools. And that is why most any national thinking American, no matter what nationality he may be, may he even be born here, is today called a Nazi or Fascist. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386416_1421%3A1. Public record. Not legal advice.