Social media today disseminates news faster than any other time in history. Our contemporary political atmosphere, dominated by the 24/7 news cycle and social media, often churns through stories faster than bills can be drafted and carefully-worded messages honed. One article from Mashable, entitled “The Future of Social Media and Politics”, examined how important social media outlets are to current grassroots campaigns and shaping political influence through direct communication with candidates. Another article, this time from The Atlantic, examines how charisma influences our perceptions of leaders and in what standing we hold them in.
These strategies, while utilizing the most up-to-date technology, are not new. The rise of John F. Kennedy over Richard Nixon was as much a response to his policies as it was his appearance in the first televised debates. The charismatic and good-looking Kennedy swayed many followers away from the established politician Nixon, and helped to shift the public perception on his ability to lead the country. The power of messaging and personality is certainly a powerful tool in getting many leaders elected and crafting their image once in office.
Politics in Indiana during the first part of the 20th century was serious business. It was often dominated by political machines, the Ku Klux Klan, and larger-than-life political figures. However, two-time Republican Indianapolis mayor Samuel Lewis Shank, had no interest in either machine politics or joining the Klan. “Lew,” as he was called, did, however, like the idea of being a larger-than-life politician. Particularly during his first term as mayor, he frequently used the media as an outlet for showy political stunts and self-promotions. While he garnered a reputation as a colorful and outspoken figure, his well-covered tactics were not enough for him to go down in Indiana history as a masterful politician. Indeed, he resigned in late November 1913 with one month left of his mayoral term and was not elected to another political position for nearly a decade before one more stint as mayor.
The popularity of Lew Shank derived from the crafted image of his plainspoken nature, and the fact that he presented himself as the common man. This folksy-geniality endeared himself to the public, and the papers, for years. His career in auctioneering (which continued during both terms as mayor) and time on the stage as a vaudeville performer also provided him the skills to captivate crowds with outrageous stories. The unusual press Shank received during his years in politics, as demonstrated in Hoosier State Chronicles, certainly kept his name in the headlines, for better or worse.
Despite these somewhat unusual headlines, Shank was serious about politics. Shank’s political aspirations began at the age of eighteen. Shank attempted a campaign to become city councilor but was defeated. Undaunted, Shank mounted an ambitious campaign to not only raise his political profile, but also capture the seat of county recorder, wherein he was responsible for maintaining legal documents and records. This campaign included taking out self-promotional advertisements in local papers, partnering with companies to produce objects with his name imprinted on them, (like cigars and chewing gum), and engaging in several publicity stunts. These tactics not only won him the seat of county recorder, but also raised his popularity in local and national papers.
Although a long shot (even for the Republican nomination spot), Shank was able to turn his success as county recorder into a viable campaign for mayor of Indianapolis in 1909. Edging out the favored Republican nominee and then his Democratic opponent, Shank won nine of fifteen wards of Indianapolis with a total of 1,625 votes.  Yet he was not above resorting to dishonest tactics to win. Shank recalled to the New-York Tribune in 1912 that he gained an advantage in the mayoral election with the African-American community by stating that his political opponent removed his daughter from an integrated school. He openly admitted lying—his opponent had no daughters at all. 
Once arriving in office, Shank had a great deal to prove to the citizens of Indianapolis and within his own party. He relied on theatrics and courted the media. One such effort included the enforcement of saloon laws in Indianapolis, particularly laws which prevented the sale of alcohol on Sundays. Shank, of course, handled the issue with his own particular brand of showmanship. Indeed, he insisted that Indianapolis saloon keepers’ licenses were revoked until they sat through a Sunday church service, among other requirements:
Shank again entered the spotlight with his “High Cost of Living” campaign, a reaction to food pricing throughout the state. Shank, believing the mark-up of food to be excessive, went straight to the suppliers, purchased sundries, and then sold the products to the public at cost on the steps of the State Capitol building. What many could see as a cheap publicity stunt proved to be a boon to Shank’s popularity and actually led to lower prices of groceries in Indianapolis.
However, his flashier tactics could not resolve the streetcar strikes in November of 1913, which ultimately led to his downfall. The Indianapolis Traction and Terminal employees began a wage and benefit strike. On November 2, the company president brought in strikebreakers, which led to open warfare. A violent clash between strikebreakers and striking workers led to injuries and two deaths. The owners of the line called in strike-breakers to get the lines running again, and requested help from the Indianapolis police department to protect the company men. Due to disagreements between Shank, the police chief, and officers, law enforcement did not provide an adequate response. This did not aid Shank’s standing for many in the city.
Eventually, after threats of impeachment and another impending strike, Shank resigned his job as mayor, one month short of the end of his term. It is possible this too was a publicity stunt, as he had already signed a contract for, as the Encyclopedia of Indianapolis notes, “the vaudeville circuit with a monologue about his time as mayor.” It would be nearly nine years until Shank would be elected again to public office, and his exit was met with a generally negative response:
During his second stint as mayor of Indianapolis in the early 1920s, he actively opposed the Klan through such methods as banning masked parades and burning crosses.  Although easily defeated, he ran in the Republican primary for governor in 1923 against the Klan-backed nominee (and eventual winner), Ed Jackson, in an effort to stem the statewide power of the Klan. Despite his non-traditional career path and aspirations for higher office, Shank’s rise in politics, led by his ability to capture media attention, was an improbable example of both the powers and limits of charismatic politics.
Children under eighteen years of age make up more than half of the approximately 22 million people seeking refuge today.  We read statistics like this often, and sometimes our empathy for such human devastation of can get lost in the numbers. The problems can feel remote, foreign, and unrelated to our own daily struggles. And that is precisely how many Americans felt just before the outbreak of WWII, as the number of people applying for refuge in the United States multiplied. In 1938, 125,000 asylum seekers applied for the 27,000 visas under the restrictive U.S. quota system. By 1939, that number increased to over 300,000.  A Fortune magazine poll from the summer of 1938, showed that 67% of Americans thought “we should try to keep them out.” Only 5% thought the U.S. government should raise the quotas to allow more people asylum. 
Again, the staggering statistics can be numbing. But even at our most ambivalent, the stories of children fleeing persecution seem to break through our indifference and stir us to act. For example, in 1938, British citizens lobbied their government to act on behalf on children fleeing Austria and Germany after the Anschluss and Kristallnacht. They agreed to fund the transportation, care, and education of these children and infants. These rescue missions, known as Kindertransport, saved ten thousand children from annihilation.
Despite the prevailing attitudes towards immigrants in the United States, some hoped their fellow Americans would make an exception for child refugees. Hope came in 1939, in the form of the Wagner-Rogers Bill that aimed to bring 20,000 children escaping Nazi Germany to the United States. Hoosiers both supported and opposed refugee immigration and the bill. Looking through Indiana newspapers for the United States Holocaust Memorial Museum‘s History Unfolded project, we can see what Hoosiers knew about the issue, how they aided, and how they failed these small asylum seekers. (Find out how you can participate in the History Unfolded Project which helps the USHMM determine what Americans knew about the Holocaust.)
The Wagner-Rogers Bill
Clarence Pickett, an Earlham College professor and leader of Quaker relief organization American Friends Service Committee, led the drafting of the bill in December 1938. Senator Robert Wagner (D-NY) and Representative Edith Nourse Rogers (R-MA) introduced this legislation in both the House and Senate on February 9, 1939. The bill would allow 20,000 children under the age of fourteen to immigrate to the United States (10,000 in 1939 and that same amount in 1940) outside of the established quota. While the bill did not specify that these were Jewish children, “the realities of the refugee crisis in Europe made this an obvious and understood fact.  The Jewish Telegraphic Agency (JTA) quoted Senator Wagner:
The admission of a handful of unfortunate people means little in the economic life of 120 million people, but it means a great deal for us and the world as a symbol of the strength of democratic convictions and our common faith.
Support for the bill came from unlikely places. The American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO) both supported the legislation, specifying that the children were not a threat to American jobs, an oft-cited fear for those with anti-immigration sentiments. In fact, Pickett argued, they would become consumers, helping the economy. The U.S. Department of Labor agreed, and offered to place the children via their Children’s Bureau. Leaders from all of these organizations testified before the House Immigration Committee in support of the bill. The (Indianapolis) Jewish Post reported via the JTA that John Brophy, National Director of the CIO “told the committee that organized labor had no fears of an undue influx of refugees resulting from the Wagner-Rogers Bill.” Eleanor Roosevelt also spoke in favor of the bill, allowing herself to be quoted on a heated political issue for the first time in her six years as first lady, according to the USHMM. She told UP reporters:
I hope very much it will pass. It seems to be a wise way to do a humanitarian thing.
“The Conscience of the American People”
At the same time in Indiana, several notable Hoosiers were at work on grassroots campaigns to rescue German-Jewish children. Prominent Jewish civic leader Sarah Wolf Goodman and the leadership of the (Indianapolis) Jewish Post, among others, raised money to bring refugees to the United States. We examined these efforts thoroughly in post 5 of this series “Jewish Refugees, Hoosier Rescue.” But these were small-scale operations. The sweeping action needed had to come from the federal government.
On December 16, 1938 Jewish Post Editor Gabriel M. Cohen made a passionate argument for congressional action. Cohen stated that protests against the Nazi perpetrators and prayers for the victims were not enough. It was time for “immediate relief.” Cohen noted that President Roosevelt was not seeking to extend the quota system, but that maybe it was not up to the president to lead the way on this issue. Cohen continued:
Possibly such a demand cannot at this time come from the President. It can and should come, however, from the conscience of the American people.
He noted especially the responsibility of communities and leaders of faith. He expressed his confidence in American Jews to take a leading role in the care of these children
We are certain that there are thousands of Jewish families in the United States, who, in the face of the present crisis, will gladly take refugee children into their homes and provide them with food and shelter as long as necessary.
Cohen’s prediction was correct. The JTA reported that at an April 1939 joint committee hearing for the bill, attorney Wilbur Large presented 1,400 letters from citizens around the country offering to adopt a refugee child. In fact, the AP reported that Paul Belsser, head of the Child Welfare League of America testified that there were more than enough homes for the children with twelve applications coming in for every child adopted in America.
Hollywood actress Helen Hayes offered to adopt a refugee child herself. Hayes told the committee that her grandmother, who had nine children, lived by the motto, “There is always room for one more.” Then, joking aside, Hayes addressed the lawmakers:
There is room in my family for one more. I beg you to let them in.
One senator “heckled” her, according to the Logansport Pharos-Tribune, asking sarcastically, “Do you mean to say you’d adopt a child unseen?” Hayes replied sharply, “I never saw my own child until it was delivered!”
“A Stand Against A Haven”
In his plea for congressional action, Cohen also anticipated and refuted opposing arguments. Echoing Pickett, the Jewish Post editor wrote:
Whatever economic objections and fears of increased unemployment Congress may have with regard to enlarging the existing immigration quota, there can be no such objections to the admission of children.
Also like Pickett, Cohen argued that the children would first be consumers before they would be job seekers. He continued, “Their presence in the community would stimulate business.”
Again, Cohen’s predictions were correct. The bill’s opposition focused on the “economic dangers” of increasing immigration just as the country was climbing out of the Great Depression. Senator Robert R. Reynolds (D-NC) argued that the children would grow up and “undoubtedly keep our own children from jobs and work that they are rightfully entitled to.” Reynolds pledged to “filibuster the plan to death,” according to the Associated Press (AP).
Meanwhile, in Indiana, members of the American Legion‘s Subcommittee on Immigration gathered in Indianapolis to begin a series of meetings on the bill and establish the official position of the national organization. According to a May 3 AP article via the Kokomo Tribune :
Some members of the immigration committee were reported to be favoring the admission of the children for humanitarian purposes while others were opposing it on the grounds American children would suffer by the influx of additional foreigners.
By May 5, 1939, the American Legion made its decision to oppose the bill and adopted a report of their official position. Announcing their decision from their Indianapolis headquarters, American Legion Chairman Jeremiah Cross called the bill “class legislation” because it “would benefit persecuted minorities in only one country.” According to the International News Service via the Hammond Times, Cross claimed that accepting the children would “break up homes and thus be contrary to the American tradition of preserving home life.” National Commander Stephen Chadwick stated that there were too many children at home that needed assistance. Chadwick continued:
We should solve this problem at home before extending a helping hand to foreign nations.
The local Franklin, Indiana, American Legion chapter encouraged the legionnaires gathered at Indianapolis to go further in denying asylum. The Edinburg Daily Courier and Franklin Evening Star reported that the district recommended “a ten-year curtailment of all immigration into the United States” on top of opposing the bill. At the final session of their meetings on immigration, American Legion director Homer L. Chaillaux announced that the powerful organization would indeed back a policy of “curtailed immigration for 10 years to solve the unemployment problem” and “halt the flow of undesirable aliens into this country.” The Evening Star reported that the Legion also reiterated that they were taking “a stand against a haven for thousands of German refugee children seeking admittance to this country, on the grounds that entrance of the children would clear the way for a increased number of parents and close relatives.”
The anti-immigration position of the American Legion and other organizations (such as the Daughters of the American Revolution) was translated into policy. The Senate Committee on Immigration proposed admitting the children but counting them against the quota. Senator Reynolds proposed the children be admitted in exchange for an end to all quota immigration for five years. This is exactly what leaders of organizations dedicated to rescue feared. James G. McDonald, chairman of the President’s Advisory Committee (and a former Indiana University professor who has been covered in detail in our History Unfolded series post 4 and post 5) predicted this response and the death of the bill. Assistant Secretary of State George S. Messersmith recommended to McDonald that his advisory committee not attempt to intervene, as any effort to expand the quota would result in a cutting of the quotas instead. Congress was eager for the chance to respond to American anti-immigration sentiment. McDonald worked behind the scenes to put pressure on President Roosevelt to intervene, but the president declined to act or comment on the issue. McDonald wrote despairingly in a private letter that the settlement of refugees was “dependent upon the attitude of governments which are little influenced by humanitarian factors.” 
The amendments added by the legislation’s opponents, nullified its intent, and Senator Wagner withdrew his bill on July 1, 1939. The Jewish Postreported that antisemitic groups and publications praised Senator Reynolds. The newspaper also reported on Reynold’s founding of the Vindicators Association, which was “an ultra-nationalist, isolationist, nativist, anti-Semitic, and anti-communist” group, according to the North Carolina History Project. The Post reported via correspondent:
Speaking of refugees, Senator Bob Reynolds, of North Carolina, who sees the overthrow of the republic if 20,000 refugee children are allowed to enter this country in the space of two years, has just opened a new headquarters for his organization, The Vindicators, here in Washington. It’s right behind the Supreme Court Building, and cost $20,000.
The New York Times and other national publications also condemned Reynold’s extreme anti-immigration stance and linked him to antisemitic groups. But the senator continued to advocate for isolationism. The Congressional Recordreported his 1941 address to the Senate:
I wish to say — and I say it without the slightest hesitation — that if I had my way about it at this hour, I would today build a wall about the United States so high and so secure that not a single alien or foreign refugee from any country upon the face of this earth could possibly scale or ascend it.
Private citizens and charitable organizations continued their rescue efforts (and this series will continue to share the stories of such notable Hoosiers.) However, the immigration quotas remained in effect, denying asylum to those fleeing Nazi persecution. As we reflect this International Holocaust Remembrance Day, remember the 1.5 million children who were killed by Germans and collaborators — not as “unwanted aliens” and not as statistics — but as boys, girls, and even infants who deserved a future. And we can’t help but regret that Cohen’s appeal in the Jewish Post to “Save the Children” went unanswered. In it, he concluded:
Tens of thousands of innocent children are now exposed to a life of torture or to a slow painful death . . . America must do its share. Let us open our gates to their outstretched hands.
Richard Breitman, Barbara McDonald Stewart, and Severin Hochberg, eds., Refugees and Rescue: The Diaries and Papers of James G. McDonald, 1935-1945 (Indianapolis and Bloomington: Indiana University Press, Published in Association with the United States Holocaust Memorial Museum, Washington D.C., 2009), 160-161.
This article is based on a talk I gave at the Digital Public Library of America’s DPLA Fest conference on September 21, 2018.
Disclaimer: I am not a lawyer and this is not professional legal advice. This article is for educational purposes only. Please consult counsel concerning any potential digitization projects your institution is interested in pursuing.
Good afternoon. Thank you very much for attending this session. I’m Justin Clark, Project Manager of Hoosier State Chronicles, our state-wide historic digital newspaper program at the Indiana State Library. We are a part of the National Digital Newspaper Program (NDNP), a joint venture between the Library of Congress and the National Endowment for the Humanities. To date, we’ve digitized nearly a million pages of historic Indiana newspapers, of which over 300,000 have gone into NDNP’s Chronicling America database of nearly 14 million digitized newspaper pages from across the county.
When digitizing historic newspapers for NDNP, one of the most important things to consider is whether the paper is under copyright. You could have picked the perfect title, had it approved by your institution, and completed all of the arduous work of collation, but if you don’t check its copyright status, your work could all be for naught. This is why a basic understanding of fair use, the public domain, copyright, and conducting copyright research is essential to any newspaper digitization project. This talk will provide a general overview of what fair use is, how it relates to newspaper titles, and how you can complete the necessary research to ensure your desired title for digitization is acceptable. Doing this work gives you not only an expanded scope of potential titles for digitization, but it also provides peace of mind that you won’t hear from any lawyers in the future, besides your institution’s counsel, of course.
Now, before we begin our stroll through copyright, I must say this. I AM NOT A LAWYER . . . nor have I played one on TV. This talk is only an educational overview of what I’ve learned about copyright research for digitizing newspapers. Other materials such as photographs, 3D objects, and written documents may not follow the same procedures or guidelines. It is imperative that you consult your institution’s legal counsel before making any concrete decisions to digitize anything. This saves you a visit from an irate lawyer who is upset that you’ve digitized materials that are still in copyright. And this little disclaimer saves ME a visit from an irate lawyer who got the call from the other one about copyrighted materials. In short, the only lawyer you want visiting your office should come from your institution. Now, with that out of the way, let’s start with fair use.
What Is Fair Use?
In the United States, copyright holders possess considerable legal rights for the protection of their intellectual property. This is a great thing – copyright holders can use their hard work to ensure an income and that scammers will keep their greedy hands off of work that doesn’t belong to them. But there are exceptions. One such exception to US copyright law plays a vital role in our emerging digital landscape: fair use. Fair use, according to the U.S. Copyright Office, “is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.” Essentially, fair use allows someone to use a copyrighted work for a completely different purpose than the copyright holder originally intended, which usually falls in the categories of “criticism, comment, news reporting, teaching, scholarship, and research.” These protections fall under Section 107 of the Copyright Act.
To determine whether or not a use of a copyrighted work is fair use, four general guidelines are followed. The first is the “purpose and character of the use.” Most of the time, if a person is using a copyrighted work for non-profit and/or educational purposes, it generally falls under fair use. This is especially the case if the use is “transformative” meaning that it “add[s] something new, with a further purpose or different character, and do[es] not substitute for the original use of the work.” In NDNP’s case, taking a newspaper which was originally created for immediate public consumption at a profit and transforming it into a digital historical artifact at no cost to the researcher usually falls under fair use. This guideline is not ironclad; sometimes, a copyright holder will object to their work being used in this way. Nevertheless, this guideline is generally applicable to NDNP and newspaper digitization as a whole.
Third, the “amount and substantiality of the portion used in relation to the copyrighted work as a whole” plays a role in deciding fair use. In other words, if a person just blatantly copied the entirety of a copyrighted work and then sold it for their own benefit, it would not be fair use. However, for material that falls under the public domain (more on that below), recreating the entirety of the work is more than fine and falls under fair use. NDNP projects often have syndicated columns and cartoons that are copyrighted but the newspaper as a whole is not copyrighted. In those instances, the amount of non-copyrighted work outweighs the copyrighted work and the digitization of a newspaper is then considered fair use. We will unpack this more in the copyright research section.
Finally, fair use is determined by the “effect of the use upon the potential market for or value of the copyrighted work.” Put simply, does the use of a copyrighted work ruin its value in the marketplace? In the case of digitizing newspapers, a newspaper’s value stemmed from its original sale date, which was years or decades before. If a newspaper title is already in the public domain, its original market value is already gone and can be used by others in a myriad of ways. For NDNP projects, turning a newspaper into a primary source historical document does not destroy the market value of the original paper nor does it harm copyrighted works therein (syndicated columns and cartoons). Potential researchers are using the digitized newspapers for scholarly purposes, not for the resale of copyrighted material. As with the other three guidelines, the “market value” guideline is generally met.
Alongside fair use, a clear conception of public domain is essential for working on NDNP-related projects. Works in the public domain, according to the Stanford University Library, are:
. . . creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
A work enters into the public domain via three avenues: it can’t be copyrighted (i.e., titles, names, facts, ideas, government works), the creator of the work places it in the public domain, or its copyright term has expired. With NDNP, the last of these three is the most important.
Now that you know how fair use and the public domain work, you can begin the necessary research to determine the copyright status of a newspaper title. Here in Indiana, we wanted to know the copyright status of one of Indianapolis’s premier papers of the 20th Century: the Indianapolis Times. The Times ran from 1888 (when it was titled the Sun) until 1965, a pretty impressive run for a daily metropolitan newspaper. From 1922 until its end, the Times was owned and operated by Scripps-Howard, a major publishing corporation based out of Cincinnati, Ohio. Knowing that such an influential publishing company owned the Times from 1922 until 1965 put an increased responsibility on us to make sure that the paper was either in the public domain and/or that its digitization would be considered fair use.
The Catalog of Copyright Entries (1906-1977) is available at Internet Archive (www.archive.org) in a readable, PDF format. It comes with Optimal Character Recognition (OCR), so it is text-and-word searchable. To begin, view the 1923 Catalog of Copyright Entries, Part 2, which provides the copyright and copyright renewal for all periodicals published in the United States that year. For all the following years, look for the volume devoted to periodicals. In the search field, type the name of your title. If nothing comes up, search the catalog’s index for the title. If nothing is there, check the title within the book in the new copyright section as well as the renewal section. If nothing comes up, your newspaper title filed neither a new copyright nor a copyright renewal and it is in the public domain. Consult all remaining years of the catalog (in the periodical section) for any new copyright notices or copyright renewals. If you do find that your title was published with a copyright notice and a renewal from 1923-1963, it is not in the public domain and will remain under copyright for 95 years after the publication date. However, if the title was published from 1923-1963 with an initial copyright notice but was not renewed during that time, it is in the public domain and you are free to digitize.
If you need to check anything after 1977, use the online Public Catalog of Copyright Entries, which covers 1978 to the present. This search is much easier than combing through the scanned versions at the Internet Archives. All you have to do is type in your title in the search bar; if you get no results, no copyright renewals were filed and you’re good to move forward. If there are copyright renewals, the title will remain under copyright for 95 years after its initial publication date.
For our research, we started with 1922, the year that Scripps-Howard Newspapers purchased the Times and the final year it could have been in the public domain (this research was done in 2017, before the public domain covered 1923). According to listings in the Catalog of Copyright Entries and the Public Catalog of Copyright Entries, Scripps-Howard Newspapers never filed the Times for copyright between 1922-1965 or for subsequent renewals from 1965-present. Therefore, the Times as a complete newspaper is within the public domain and eligible for digitization.
But your search doesn’t end there! The copyright of individual articles and syndicated content also needs to be established. Library of Congress policy for NDNP has generally been that individually-copyrighted content within the “context” of an entire newspaper in the public domain is not a problem, so long as it doesn’t account for over 50% of the entire work. This rule is a recommendation and not an absolute policy. It is still up to you as an NDNP awardee, your institution, and your legal counsel to establish the proper procedures for such content.
With our research of the Times, one type of syndicated content that showed up right away within copyright research was the Sunday supplemental, with PARADE magazine being an applicable example in the Times. From 1963-1965, PARADE was published with Sunday issues of the Times; it was copyrighted when it originally ran (and included in the Catalog of Copyright Entries) and was subsequently renewed (and included in the Public Catalog of Copyright Entries). As such, we decided not to include this supplemental in our NDNP deliverables. Regarding individual articles, we found 32 copyright listings in the Catalog of Copyright Entries from 1922-1965; only the initial copyright was listed and no renewals were found. These were then cross-referenced in the online Public Catalog of Copyright Entries to check for post-1978 renewals; none were found. These articles accounted for less than 10% of the entire field of research, way less than the more than 50% threshold for fair use. (So long as you consult your institution and its legal counsel.)
Now that you’ve thoroughly gone through the Catalogs, it’s also good policy to review the title’s microfilm. Here’s what we did. We chose three reels from each decade of the Times from 1923 to 1965 and scoured them for copyrighted content. We concluded that the vast majority of material on these reels fell within the public domain, in keeping the Times’s policy on copyright. As for what was copyrighted, it was mostly advertisements for still-existing products (Columbia Records, Bayer Aspirin), syndicated cartoons (individual cartoons scattered throughout the paper as well as one full page an issue), serialized fiction, and syndicated columns. These materials contained a copyright symbol and text, indicating its status. We concluded that these entries constituted a small minority of the newspaper content and largely will not affect the proprietary interests of the copyright holders (seeing as the content in question was digitized from second-generation microfilm, which itself come from first-generation preservation microfilm based photographed pages; the loss in resolution and quality should not urge copyright holders to pursue legal action). You can do more or less with your title’s microfilm than we have, but this should be enough to establish a broad consensus on your title’s copyright status.
Once you’ve done all of these procedures, it is best to draft a full report of your research and findings to your NDNP advisory board, as well as your institution’s legal counsel. Make sure to be as detailed as possible – this ensures they fully understand what you’ve done and saves you the trouble of having to answer a bunch of follow-up questions. For our research on the Times, I and my project director drafted our report and then sent it to the aforementioned parties. From there, we received approval to digitize the Times.
One more tip for your research: make sure to keep detailed notes of everything you do. You will be going through a lot of newspapers, so it will help you keep things straight. It also provides a paper trail that your institution’s leadership and legal counsel can consult if necessary. I suggest using Google Sheets and Docs to complete this research. It will be in the Cloud and can be easily shared with anyone who would like to see it. If Google is not your fancy, use Microsoft Office and back up your work to the Cloud or another hard drive. You don’t want to work diligently for months to have all of it lost because of computer issues.
Digitizing newspapers has been one the most rewarding things I’ve worked on in the public history and cultural heritage space. Seeing a title like the Indianapolis Times digitized and made available for researchers to use, for free, has been a real privilege. But all of this could not have happened without doing the long and often-tedious work of copyright research. Researching a title’s copyright ensures that it is free and clear for you to digitize—and a lawyer from King Features or PARADE magazine won’t come knocking on your door. Yet, copyright research can also be very rewarding. It gives you a big-picture view of the title you’re considering for digitization. You’ll see who its original audience may have been, the kinds of stories they covered, and how it fits in the context of your state’s, and the country’s, history. This, among many other things, makes copyright research worth it. Thank you.
Music: “Ambient, Adventure, Score Song” by Patrik Almkvisth, “The Descent ” by Kevin MacLeod, “Lurking” by Silent Partner, “Mean Streetz” by MK2, “Voyeur” by Jingle Punks, and “Far The Days Come” by Letter Box
Indiana’s long and rich history of newspaper publishing produced not only major papers of record but also some of the more obscure and oddly-named titles. For example, Hoosier State Chronicles, the state’s historic digital newspaper program, has digitized such titles as the New Albany Microscope and General Advertiser, the Danville Butcher-Knife, and Smithville’s iconic newspaper, Name It & Take It! Yet, one obscure title lingers in the Hoosier imagination more than any other and it likely did not even exist: Rushville’s Dog Fennel Gazette.
The story of the Dog Fennel Gazette is much like any other tall tale. It emerged out of the wildness of Indiana’s early years as a state (1820s) and it continued to be repeated without skepticism for much of the state’s history. According to legend, printer William D. M. Wickham published the weekly newspaper in Rushville starting in either 1822 or 1823, and utilized a peculiar printing schedule. Historian Fred Cavinder noted that the paper was “published on one side of the page and sent to subscribers, who read it and returned it to the publisher so the next edition could be printed on the other side.” The apocryphal journal of record received a huge boost of credibility after John Arnold included the story, as fact, in his history of Rush County. It was oft reprinted in other histories and journals, even appearing in a Pulitzer-Prize winning book on the Northwest Territory. During decades of spreading the tale, very few ever questioned it.
Despite many years of tacit acceptance of the story, an undercurrent of scholarship emerged that challenged the well-entrenched narrative. John W. Miller, in his Indiana Newspaper Bibliography, argued “the existence of this paper is highly questionable.” Historians Winifred Gregory also did not include the Gazette in her omnibus of American newspaper titles. However, the scholar who put the nail in the coffin for this myth was communications scholar Fredric Brewer in his 1993 article for the Indiana Magazine of History. In “Rushville’s Dog Fennel Gazette: Indiana’s Mythical Newspaper,” Brewer carefully examined the claims of the paper’s existence and came to a resounding conclusion: there was no Dog Fennel Gazette. As he noted, “no acknowledgement of the Dog Fennel’s founding appears in any of the extant issues of the Indiana, Kentucky, or western Ohio sheets that would have been contemporary. The simple reason the Dog Fennel earned neither a citation nor a welcome is because they newspaper never existed, probably not even as a proposal.”
While the Dog Fennel Gazette is not a real newspaper, the term “dog fennel” was used throughout the nineteenth and twentieth centuries. In fact, a Google n-gram analysis of the term “dog fennel” shows peaks of use from the 1820s and ’30s, the 1840s to the 1860s, and 1880 well into the 1900s. The term is used most of the time to describe a type of “strong-scented c[h]amomile (Anthemis cotula)” that is colloquially referred to as a weed. Specifically, Frederic G. Cassidy and Joan Houston Hall note in their Dictionary of American Regional English that “dog fennel” is also called “chiggerweed,” “stinkweed,” and “Johnny-Appleseed’s-weed,” among others. Hoosier author Booth Tarkington even used this definition in one of his novels. Yet, when one does additional research in digitized newspapers, “dog fennel” is often given another definition, one less descriptive and more judgmental. Throughout the decades of Indiana newspapers in Hoosier State Chronicles and Chronicling America, “dog fennel” is often used as a term of derision, akin to “nasty,” “backwater” or “uncivilized.” This essay shares some of these findings and indicates places of potential research for any scholar interested in expanding our understanding of this term and its relationship to the Hoosier State.
One of the earliest uses of “dog fennel” in this variety shows up in the Indiana State Sentinel on March 16, 1848. In an editorial about the most-recent state legislative session, the writer decries the passage of over 600 new laws and uses a colorful analogy to demonstrate their superfluity. As the opinionated citizen writes:
“Does an old lady in some dog fennel town [emphasis added] want room for another onion bed, by having an alley adjoining her garden vacated, it is a matter of so much magnitude, that the wisdom of the Legislature must be invoked, and Legislature cannon must loaded to batter down the obstacle!”
It is implied in the editorial that “dog fennel” means a town in the middle of nowhere with little or no importance to the affairs of big-city state legislators. Now, the author did not use the term in a patronizing way; in fact, it was used to differentiate the simpler lives of small town Indiana from the legislator’s “grey-bearded wisdom and rampant eloquence.” Today, we might use a regionalism like “Podunk” to describe a similar small town.
Clearer indications of this meaning come from two issues of the Sentinel during the 1850s. The first concerns the minister Eli P. Farmer, a Whig candidate for Congress who was essentially called a liar by the Decatur Local Press. The Sentinel, not particularly a fan of Farmer and definitely not a Whig paper, found this accusation beyond the pale and called out the Local Press in an editorial. “What has Eli P. Farmer done to set the whole Whig press yelping at him? And what does the editor of this little dog fennel Gazette know about Eli P. Farmer?,” the Sentinel noted. The term “dog fennel gazette” is directly used in this editorial to connote the Local Press’s unprofessionalism and sensational nature. A year later, the Sentinel published another editorial calling newspapers like the Winchester Patriot “dog fennel papers.” Both references indicate that the term was used among newspaper publishers and editorialists much like the terms “rag” or “yellow papers,” indicating the cheap paper and even cheaper reporting. It does not seem like much of a stretch to go from people calling newspapers “dog fennel gazettes” and people actually thinking one existed.
This trend of referring to newspapers as “dog fennel” continued well into the twentieth century. In another editorial from the September 26, 1907 Plymouth Tribune, they called Plymouth Daily Independent publisher C. W. Metsker “unholy” and “a reprobate” and the paper he ran a “dog fennel sheet.” This was in reference to Metsker’s support of a local interurban company subsidy that would raise local taxes. Plymouth’s local government eventually killed the subsidy proposal, likely with some help from the Tribune’s continued campaign against Metsker. Between the previous two examples and this one, using “dog fennel” as a pejorative against newspapers appears to have had staying power among newspaper editorialists.
Referring to towns, municipalities, and districts as “dog fennel” continued in newspapers as well. The April 20, 1865 issue of the Plymouth Weekly Democrat republished an editorial from the Buffalo Banner that called the city of Bluffton a “gilt-edged, dog fennel municipality.” In 1882, a short blurb in the Indianapolis News reaffirmed that the capital city was not a “dog fennel town,” so long as the local authorities enforced the Sunday liquor law. Finally, in a 1916 article in the aforementioned News, two officers were reassigned to patrol what were called “undesirable districts,” or “in the police vernacular, the ‘dog fennel.’” In each instance, the use of “dog fennel” was with a negative connotation, namely that these towns or districts were uncivilized or even potentially dangerous. Also notice the timeframe for the three articles: there is a consistent use of the vernacular of “dog fennel” for over 60 years.
Three more instances of referring to people as “dog fennel” are also worth note. The Evansville Daily Journal published a piece in 1864 calling a group of anti-Union protesters a “dog fennel militia.” In a moment of unintentional, existential reverie, the Crawfordsville Weekly Journal ran a solitary question in their editorial section: “Are you a dog fennel man?” Colonel Robert Ingersoll, noted Republican Party insider and public speaker, referred to the 1888 Democratic presidential ticket of Grover Cleveland and Allen G. Thurman as “dog fennel candidates,” meaning that they did not fight on behalf of the union or had sympathies with the copperheads during the Civil War. This meaning is exactly the same as the “dog fennel militia” comment from the Evansville Daily Journal. According to the Greencastle Times, this particular usage of “dog fennel” emerged from another newspaper man, James K. Magie of the Canon, Illinois Register. Magie used it to denounce the Knights of the Golden Circle, an organization of the rebellion that would dig for gold on the outskirts of towns near dog fennel plants. Ingersoll then broadened its definition to apply to anyone who was ambivalent about the cause of the Union or held sympathies with the Confederacy. As with the other usages described throughout this survey, the definition of “dog fennel” varies but its intent to criticize or condemn is consistent.
Evaluating each of these newspaper articles from Chronicling America and Hoosier State Chronicles provides researchers with a new avenue with which to analyze the term “dog fennel” and its usage throughout the nineteenth and twentieth centuries. Not only a term signifying a weed, “dog fennel” became synonymous with a wide array of negative connotations and was used exactly for that purpose. Within this climate, it is conceivable that an idea like “dog fennel gazette” turned it into a supposedly real newspaper, in this case the mythical Dog Fennel Gazette of Rushville. The first step for future researchers on this topic is using Hoosier State Chronicles (hoosierstatechronicles.org) and Chronicling America (chroniclingamerica.loc.gov) to find examples of this usage in other Indiana newspapers as well newspapers from across the country. Finding more instances of this usage in newspapers, as well as letters, books, magazine, and other primary sources, would expand our understanding of midwestern vernacular and its relationship to social, political, and economic life for much of the previous two centuries.
 Fred Cavinder, Indiana Book of Records, Firsts, and Fascinating Facts (Bloomington: Indiana University Press, 1985), 129.
 John W. Miller, Indiana Newspaper Bibliography (Indianapolis: Indiana Historical Society, 1982), 392.
 Fredric Brewer, “Rushville’s Dog Fennel Gazette: Indiana’s Mythical Newspaper,” Indiana Magazine of History Indiana Magazine of History (March 1, 1993), accessed July 26, 2018, IU Scholar Works.
 Frederic G. Cassidy and Joan Houston Hall, Dictionary of American Regional English, Volume II: D-H (Cambridge, Massachusetts: Belknap Press of Harvard University Press), 109-110.
 “The Last Session,” Indiana State Sentinel, March 16, 1848, 2, accessed February 27, 2018, Chronicling America.
 “Eli P. Farmer, Indiana State Sentinel, July 10, 1851, 1, accessed February 19, 2018, Chronicling America.
 “Where they get their Cue,” Indiana State Sentinel, September 9, 1852, 1, April 2, 2018, Chronicling America.
 “Against the People Again,” Plymouth Democrat, September 26, 1907, 4, accessed February 19, 2018, Chronicling America.
Plymouth Weekly Democrat, April 20, 1865, 1, accessed February 27, 2018, Chronicling America.
Indianapolis News, July 7, 1882, 4, accessed July 27, 2018, Hoosier State Chronicles.
Indianapolis News, September 2, 1916, 1, accessed April 2, 2018, Hoosier State Chronicles
Evansville Daily Journal, October 4, 1864, 2, accessed February 27, 2018, Hoosier State Chronicles.
Crawfordsville Weekly Journal, January 18, 1872, 2, accessed February 27, 2018, Hoosier State Chronicles.
Greencastle Times, July 19, 1888, 6, accessed February 27, 2018, Hoosier State Chronicles.
Summer is upon us, and one of the staples of American summers is fast food. It’s always a blast to roll down the windows, crank up the tunes, and head on over to your favorite drive-thru. Now, we all know about the classics: McDonald’s, Burger King, Taco Bell, KFC. But there’s one fast-food giant, wildly popular from 1950s through the 70s, which almost beat them all. That was Indianapolis-based Burger Chef.
Indiana, a state claimed as “free” from its statehood in 1816, was nevertheless the 7th highest non-southern state with racial terror lynchings, with 18 separate incidents. When searching through Indiana newspapers, many stories emerge of outlaw vigilantes who terrorized and brutalized African-Americans, sometimes for nothing more than alleged crimes. Since many were lynched before they received equal justice under the law, many of their lives ended tragically through injustice under the lariat.
While the vast majority of lynching occurred in the south, a sizable portion occurred in the Midwest. Indiana, a state claimed as “free” from its statehood in 1816, was nevertheless the 7th highest non-southern state with racial terror lynchings, with 18 separate incidents. One way historians have uncovered these horrific crimes is with newspapers. When searching through Indiana papers, many stories emerge of outlaw vigilantes who terrorized and brutalized African-Americans, sometimes for nothing more than alleged crimes. Since many were lynched before they received equal justice under the law, many of their lives ended tragically through injustice under the lariat.
One of the earliest lynchings in Indiana newspapers was chronicled by the Marshall County Republican on November 23, 1871. Three African-Americans, whose names were only given as “Johnson, Davis, and Taylor,” were accused of the murder of the Park family in Henryville, Clark County. Matthew Clegg, “a shystering lawyer” from Henryville, had a dispute with the Parks and when he likely had them murdered, he pushed the blame to the three local African-American men. When the grand jury couldn’t find enough evidence to indict them, the local vigilance committee took matters into their own hands. They broke through the jail, grabbed the three men, placed nooses around their neck, and dragged them through the street. They were then strung up next to each other on a tree. The Republican described their bodies in painful detail; Taylor’s description was the most gruesome: “His form was nude, save the slight remnants of a white shirt that was stretched across his lower limbs, while the hangman’s knot under his chin threw his head back in, a gasping movement, and his white teeth and distended lips grinned with a fiend-like scowl . . . .” It is unclear from the newspaper account if anyone was tried for the lynching.
In 1886, the Indiana State Sentinel reported the lynching of Holly Epps, who had been accused of the murder of a local farmer in Greene County. Around 12:50 on the morning of January 18, a “crowd of masked men” brandishing “sledgehammers and various other implements” descended on the Knox County jail. After failing to cajole the sheriff to open the door, the horde broke in, smashed through the jail cell, and dragged Epps out into the cold of night. Using the closest tree they could find, the mob strung Epps up and “for fully fifteen minutes he struggled for life, when death came to his relief.” The mob left his hanging remains on the courthouse grounds to be found by the county prosecutor. The sentiment of the citizens of the county, as recorded by the Sentinel, was one of satisfaction. “Citizens of all classes justify the lynching, and the moral sentiment is that the Greene County vigilants did a justifiable act in summarily removing the fiend from the face of the earth,” the Sentinel commented. The lynch mob were never prosecuted for their actions.
The 1889 lynching of Peter Willis in northern Kosciusko County received weird and contradictory coverage in the Indianapolis Journal. In its July 22, 1889 issue, the Journal ran a nondescript blurb about Willis’s lynching at the hands of a mob after he was charged with assaulting a little girl. The South Bend Tribune and the Indiana State Sentinel also ran stories with the same details. Then six days later, completely disregarding its previous coverage, the Journal published an editorial claiming “the assault and lynching episode referred to by the Sentinel [as well as the Tribune] never occurred, and is wholly an imaginary tragedy . . . .” The editorial further noted that “the only truth contained in the item is the superfluous information concerning the geographical location of Kosciusko county, which it says ‘is not in Mississippi or South Carolina,’ . . . and the further assertion that ‘it is the banner Republican county of Indiana.’” There’s nothing named Kosciusko in South Carolina and only a town named that in Mississippi; it was the Sentinel’s and Tribune’s way of saying it was in Indiana and highlighting that this can happen in the north. If the Journal thought they could drive a wedge of doubt through their phrasing, they were wrong. Furthermore, the fact that a county has Republican leanings says nothing about whether a lynching can occur there. This editorial was likely a political device to stave off criticism against a northern, Republican-leaning Indiana county. Sadly, it was misleading people about the unlawful execution of a person who had not yet been proven guilty in a court of law.
The beginning of the new century brought with it the same kinds of lawlessness that led to lynching, despite the Indiana General Assembly passing anti-lynching laws in 1899 and 1901. George Moore, an African American accused of assaulting two women and fleeing law enforcement, was lynched on the evening of November 20, 1902. He was “hanged to a telephone pole” in Sullivan County after a mob of roughly 40 men fought against the sheriff’s department. Moore had been a fugitive, attempting an escape to Illinois when he was captured by authorities in Lawrenceville, Illinois. The mob “beat him over the head with their weapons” before they hanged him. Governor Winfield T. Durbin was troubled by the situation and tried to stop it, but the requisite military and law enforcement officers couldn’t get there in time. It was another instance of mob violence instead of real justice, and the Indianapolis Journal said as much two days later in an editorial. “It is no excuse for mob law to say that the legal penalty in such cases is inadequate,” the Journal declared, “That is not for any mob or any community to say. If the penalty is not severe enough let the law be changed in a regular way, but while the law stands it should be observed.”
It is a common notion that lynching, much like racism, was a southern phenomenon in the United States. These select stories from Indiana newspapers illustrate just how wrong that notion is. The prejudice that people felt motivated them to take the law into their own hands, with disastrous consequences. Justice should be applied by democratic institutions, not by mob rule. That’s how we ensure the principle of equality under the law. But animus against African Americans was stronger than the virtue of justice. As a group of preachers declared in a 1910 article for the Indianapolis Recorder:
. . . so long as wild men will be permitted to roam at will with ropes, shot and torch, so long will a cloud of national shame hang over the government. It is known that almost all of the lynched are members of the colored race, and in many instances the color of their skin is their only crime. It is also known that in the section of the country where almost all this barbarous and un-Christian practice is loved and cherished the colored people have no voice at the courts of mercy.
In knowing these stories, we can begin the process of healing. It will neither be swift, nor easy, but it is vital for our democracy. We owe it to the names engraved on each corten steel beam in Montgomery, Alabama, of at least 18 are from the Hoosier state.
Thanks for watching. Please click “like” in you enjoyed this video and make sure to subscribe to keep updated on all new videos. To learn more about Flossie Bailey, check out Nicole Poletika’s article from the Indiana History Blog. Learn about other stories of lynching at Chronicling America and Hoosier State Chronicles. The links are in the description. Finally, have you visited the National Memorial for Peace and Justice? Were you aware of lynchings in Indiana before? What do you think we can do today to advance peace and justice? Leave your answers in the comments below. We want to hear from YOU.
Articles from Chronicling America and Hoosier State Chronicles
At just 110 pounds, Sullivan, Indiana-native Will Hays was not exactly the imposing figure you’d expect to be the film industry’s regulator, but he nevertheless left a substantial mark on the movie industry during the first half of the twentieth century.
“Mother of Exiles: Hope for Those Seeking Freedom” . . . This headline ran in a Midwestern newspaper along with a picture of the Statue of Liberty and these relevant words:
At a time when isolation has become a fetish for many, it is fitting to recall some of the evidences of America’s pride as a place of refuge . . . One such landmark, symbolizing the hope of peoples who migrate from their homeland to this foreign shore, is the Statue of Liberty . . . There is a sonnet on the wall at the base of the statue that is worth re-reading today, when so many are again fleeing from the hand of oppression.
And while it seems that this article could run in today’s newspaper, the year was 1939.
The sonnet includes the well-known words:
Give me your tired, your poor,
Your huddled masses yearning to breathe free
These words have come to symbolize America as a shining beacon of democracy and a safe harbor for those seeking a better life. However, not everyone knows that these words were written by a Jewish American poet named Emma Lazurus or that the poem was inspired by the plight of Jewish refugees fleeing the pogroms of Eastern Europe in the nineteenth century. In the full poem the statue is named “Mother of Exiles” and she tells the reader:
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
In June 1939, the United States had the opportunity to open that golden door to save the lives of over 900 Jewish refugees. However, the country whose ideals were embodied by powerful words inscribed upon the Statue of Liberty — words specifically written for persecuted Jews in need of America’s asylum — would fail them. Lady Liberty’s golden door was shut by indifference, xenophobia, and antisemitism.
History Unfolded and Alternative Viewpoints
The story of the St. Louis is well-known to many. Recently, however, several historians have attempted to revise the interpretation of the events, absolving the United States and the FDR administration of any responsibility towards these asylum seekers.  Thus, it remains valuable to go back to contemporary newspaper sources and decide for ourselves what really happened. And as Hoosiers, it is worth finding out what the average Indiana newspaper reader knew about the events and meditating on the uncomfortable question: Could we have done anything different?
Simply put, the U.S. did not act when the mainly Jewish refugees aboard the German liner St. Louispleaded for asylum in June of 1939. Most of these refugees had purchased visas that they believed would allow them to live in Cuba while waiting for their turn to immigrate to the U.S. when there was room within the quota. Instead, they were returned to Europe. While they were safe for a time in various host countries, after the Nazi occupation spread through Europe, many of these refugees were killed in ghettos and concentration camps. 
In this post, we will look at the incident through articles available in Indiana newspapers to ascertain what the average Hoosier, and by extension, the average American knew about this tragedy. We will place the newspapers in context using secondary source information from the United States Holocaust Memorial Museum. The newspaper articles for this post have been submitted to the USHMM’s History Unfolded initiative which is attempting to find out what Americans knew about the Holocaust through their newspapers. You can join the effort here: https://newspapers.ushmm.org/
Refugees at Sea
By spring of 1939, newspapers were full of reports of the misery faced by Jewish refugees at sea and the refusal of country after country to give them shelter. For example, the Jewish Post, published in Indianapolis, reported on a Greek steamer seized off the Palestinian coast whose refugee passengers were denied entry by the British authorities there:
The sunny Mediterranean has been turned into a watery hell in which thousands of condemned souls – men, women and children – are floating in indescribable misery and physical agony . . . Uncounted Jewish refugees from Nazi persecution are drifting in a state equal to the worst horrors of the Dark Ages . . . they have been wandering for weeks and months on nightmare voyages, despairing of reaching any port except the bottom of the waters…
The Post reported on hundreds more turned away from Indian ports, as well as from Manila and Hong Kong. The Indianapolis News reported on another 104 Jewish refugees denied permission to land in Vera Cruz, Mexico. And reports from Bucharest described twenty hopeless Jewish refugees who jumped into the Black Sea rather than remain homeless.
The Passengers of the St. Louis
The hundreds of disparate people who boarded the German transatlantic liner St. Louis in May of 1939 all had one thing in common. They felt that the only choice left to them was to abandon their homes and loved ones for an uncertain life in a faraway land. Most were German Jews who had been forced from their jobs and sometimes their homes and subjected to increasing persecution by the Nazi regime. Some had even come out of hiding just for this journey. Some used the last of their savings to buy an expensive ticket, pay the “contingency fee” for an unplanned return voyage, and purchase pricey, inflated visas. Some of these individuals had been sent by the collective effort of their families, who pooled all of their money to save just one of their kin. Most were on a list awaiting U.S. visas which were limited by quotas. They hoped to pass time in Cuba until they could start anew in the U.S. 
Among the 937 passengers aboard the St. Louis were several German Jewish families who we can follow through the historical record thanks to the work of the USHMM assembled into the online exhibition “Voyage of the St. Louis.” Their stories were surprisingly similar at first and tragically different at the close of the war. We will follow four families through this story (introducing the patriarch first only for consistency and ease in following the records). 
Franz Blumenstein was a successful businessman living in Vienna with his wife Else, their son Heinz, and his mother Regina. During Kristalnacht, he was arrested and taken to Dachau concentration camp. Else was able to bribe officials for his release under the condition that he leave Germany immediately. He fled to Venezuela and then immigrated to Cuba where he made arrangements for his family to join him. He purchased landing certificates for Else, Regina, and Heinz who then booked passage on the St. Louis.
Siegfried Seligmann, a cattle dealer from Ronnenberg, Germany, was also arrested during Kristalnacht. He was taken to the Buchenwald concentration camp for a time but was somehow, likely through bribery, able to secure his release under the condition that he flee. Siegfried was able to purchase tickets on the St. Louis for himself, as well as his wife Alma, and their daughters Else and Ursula.
Julius Hermanns, a textile merchant from Monchen-Gladbach, Germany, was also arrested, sent to Dachau, transferred to Buchenwald, and released on the condition of immediate emigration. Like Franz Blumenstein, Julius had to leave his family behind. His brother-in-law in New York purchased him a Cuban landing certificate. Julius said goodbye to his wife Grete and his daughter Hilde and boarded the St. Louis.
Leopold Dingfelder owned a kosher meat shop in Plauen, Germany, where he lived with his wife Johanna and their son Rudi. An older son, Martin, had emigrated to America earlier. After persecution of German Jews intensified, the Dingfelders hoped to join Martin in the United States. They booked passage on the St. Louis to await U.S. visas in Cuba.
Regardless of how they began this journey, they must have boarded with some trepidation. For while the ship was owned by a private German company, it was still flying the swastika flag.
The Voyage to Cuba & Hope in the United States
The St. Louis left on May 13, 1939, at 8:00 p.m. Even before they set sail, their landing certificates had been invalidated by the Cuban government. Antisemitism, xenophobia, fear of competition for limited jobs, and Nazi propaganda had turned the Cuban people against further Jewish immigration. Only a few days before the St. Louis departed, 40,000 Cubans attended an antisemitic rally. Responding to this turn in public sentiment and backlash from widespread sale of illegal landing certificates, the Cuban government demanded additional paperwork and money from any potential immigrants.
The passengers were unaware that the tide had turned against them. As they sailed away from the Nazi empire, they likely relaxed a bit. The food was good, the crew showed movies, and children made new friends. The two-week journey was relatively uneventful except for two incidents of which most of the passengers were probably unaware. A man in poor health worsened, died, and was laid to rest at sea. A troubled crew member took his own life by jumping overboard late one night. 
The St. Louis entered the Havana harbor on May 27. According to the USHMM, of the 935 passengers, the Cuban government admitted twenty-eight: twenty-two Jewish passengers with valid U.S. visas, four Spanish citizens, two Cubans, and another man who had attempted suicide and needed hospital care.
908 people, including the Blumensteins, Seligmanns, Hermanns, and Dinfelders, were denied entry. The story soon captured the attention of the media around the world. Perhaps, it seemed, sympathetic news stories would lead to their rescue.
What Hoosiers Knew about the St. Louis
The Jewish Post ran a report by the Jewish Telegraphic Agency (JTA) from Havana reporting that the St. Louis was “barred from landing under the presidential decree,” referring to Decree 937, which invalidated landing permits. Entry would now require written permission from the Cuban Secretaries of Labor and State and a $500 bond posted to ensure the refugees would not become dependent on the state. The passengers did not have this sum.
The Post article also reported on “intervention with the government by Jewish communal and refugee organizations.” The main negotiating force was American attorney Lawrence Berenson who represented the Jewish Joint Distribution Committee (JJDC). Berenson had previously worked as the president of the Cuban-American Chamber of Commerce and thus had important contacts in both the U.S. and Cuba. However, the Postreported on June 2, the negotiations proved “fruitless.” Cuban President Frederico Laredo Bru ordered the St. Louis to leave Cuban waters if the refugees could not pay the bonds totaling $453,500.
Meanwhile, the Jewish Post reported, two other ships, one French and one British, arrived with refugees, complicating the situation and increasing the antipathy of the Cuban people. They were also denied entry. The Post reported that the St. Louis passengers were growing “desperate” with some “seeking to commit suicide by throwing themselves overboard.” The Tipton Daily Tribune reported: “Twenty-five police were sent aboard the liner to guard others from any attempted self-destruction after Max Lowe, one of the refugees, slashed his wrists and jumped overboard.” The Indianapolis Star also relayed reports from ship guards who “reported the situation among the refugees as desperate,” that “women and children cried continuously,” and that “calls for meals for the most part went unanswered.”
It became increasingly clear to the passengers that they would not leave the boat. According to the JTA, an editorial in the Cuban newspaper Diaro de la Marino “predicted pogroms against the Jews” if they disembarked. And the JewishPost reported that “anti-Semitic activities have been increasing.”
Perhaps the most frustrating thing of all for the people on board was just how close they were to safety. Little boats began to encircle the St. Louis, some of them rented by family and friends of the refugees who had previously immigrated. They were close enough to wave and shout to each other, but not to be reunited.
Negotiations continued. The JJDC made an offer to President Bru to pay part of the requested $453,500. He refused to compromise and ordered the ship to leave or the Cuban navy would force it asea. The Indianapolis Star reported that Cuban marines stood at the ready. Buying time for further negotiations, the captain of the liner “aimlessly cruised the Caribbean,” travelling “around the West Indies for a time in hope some country would answer… appeals and offer the refugee[s] a home.” Over the following week, many United Press (UP) and Associated Press (AP) articles ran in Indiana newspapers. The Kokomo Tribune and the Indianapolis News ran the same UP article June 3 with two different but powerful headlines: “Jewish Refugees Adrift in Caribbean Appeal to Many Nations for New Homes” and “Refugee Vessel Appeals for Help.” The articles reported that the St Louis was “appealing by radio to nations of the new world to relieve her of her terrified passengers before there was a wave of suicides.”
One of those countries to which the refugees appealed for asylum was the United States. On June 5, the St. Louis “moved slowly southward into Caribbean waters along the Florida coast.” As the ship moved first north and then turned around and headed south, the passengers could see the lights of Miami. Indiana newspapers widely printed wire articles reported from Miami that the U.S. Coast Guard kept the St. Louis from landing. The Tipton Daily Tribune reported: “A coast guard patrol boat had trailed the ship as it passed near here watching its movements, guarding lest some of its desperate passengers jump overboard and attempt to swim ashore.” One headline from the (Lafayette) Journal and Courier perhaps summed up the situation most succinctly: “Refugee Ship Cruising Off Florida Coast: American Authorities Are Keeping Close Watch on Vessel that Has 907 Unwanted Jews Aboard.”
The article also reported: “For two hours the ship rode at anchor off the Miami channel light, easily visible from shore.” The Lafayette paper’s Miami report also noted, “Two coast guard planes were dispatched from Miami to keep the anchored craft under surveillance” and a “patrol boat hovered nearby.” The ship continued towards the Florida Keys “while negotiators sought to arrange for the refugees’ entry into Cuba, from where many hope to join relatives in the United States.”
Jewish organizations, led by the JJDC, finally raised and offered the entire bond requested by the Cuban president. Cuba, however, was no longer willing to welcome Jewish refugees and the president refused the offer. As the St. Louis turned around to head towards Europe on June 6, the United States was their last hope.
The Kokomo Tribune ran an AP article which reported: “Their hope crushed by the Cuban government’s refusal for the second time to give them asylum, victims of one of the strangest sagas of the sea renewed an appeal to President [Franklin] Roosevelt for last-minute intervention.” The Tribune closed the article by reporting: “Captain [Gustav] Schroeder decided to steer for Germany.” While, the ship ultimately did not land in Germany, for several days, the media reported that the Fatherland was the intended destination. The front page of the Indianapolis Star read: “Refugees Start Back to Germany” and the Kokomo Tribune headline read: “Jewish Refugees Reported Enroute to Germany After Cuba Refuses Landing.” According to the AP service, “The German liner St. Louis informed Tropical Radio at 11:40 o’clock tonight [June 6] that she had set her course for Europe, bearing back to Germany the 907 Jewish refugees who fled that country for Cuba . . . until they could get in the United States quota.”
Context and Contention
Most scholars agree that the United States, and more specifically President Roosevelt, did not do enough to help these refugees. Recently however, a vocal minority have argued that the blame lies only with Cuba and that FDR could legally have done nothing to help. Without wading into this academic and political mire, we can assert with confidence that the U.S. did little. According to the USHMM, “President Roosevelt could have issued an executive order to admit the St. Louis refugees.” FDR chose not to act because of “general hostility toward immigrants, the gains of isolationist Republicans in the Congressional elections of 1938, and [his] consideration of running for an unprecedented third term as president.” In short, while newspapers printed sympathetic stories and editorials, the cause was not popular enough or politically beneficial enough to justify intervention. 
Land and Loss
Fortunately, Jewish organizations, again led by the JJDC, were able to negotiate with four European countries for the placement of the refugees. Great Britain admitted 288; the Netherlands admitted 181, Belgium admitted 214, and France admitted 224 Jewish refugees.  The St. Louis unloaded her passengers to these countries between June 16 and June 20. Only those who arrived on British soil would find safety. 
Franz Blumenstein, who preceded his family and arranged their passage on the St. Louis, would have watched the ship carrying his wife Else, his three-year-old son Heinz, and his mother Regina turn around and sail back to Europe. They disembarked in the Netherlands and over the following years arranged for visas that would let them join Franz in an agricultural colony in the Dominican Republic. However, by 1940, the Nazis occupied the Netherlands and they could not procure the paperwork necessary to leave the country. Else missed Franz desperately and in 1941 wrote him:
It won’t be long and then we will, with G-d’s help, be re-united; that would be in any event the most beautiful present we could receive. There is some hope that the transport will depart and I am counting on it with all my heart. For two years, I have lived for the day when I will rejoin you, because you alone are my life. I have not lived in the time we have been separated; only our dear child helps me to survive.
After deportations of Jews from the Netherlands began in 1942, Regina was arrested by police. She somehow managed to hide Heinz during the arrest. Else and Heinz fled and went into hiding for a time in northern Holland. Despite the efforts of Dutch resistance, Else was arrested and on September 24, 1943. She was transported to Auschwitz. Heinz remained hidden throughout the war and was able to eventually join his father in the United States. Else and Regina died in Auschwitz.
The Dingfelder family of Leopold, Johanna and their 15-year-old son Rudi (their other son previously emigrated to New York) also disembarked in the Netherlands. Like the Blumensteins, the Dingfelders were arrested and deported in 1942. Leopold and Johanna were sent to Auschwitz, while Rudi was sent to Westerbork transit camp. He was forced to labor in an aircraft factory in Holland for a time before he was sent to the Vught concentration camp. After being sent back to Westerbork, he was taken to Auschwitz where he labored in the Siemens-Schuckert factory.
When the Soviets advanced in 1945, the Nazis evacuated Auschwitz. Rudi marched for two-weeks to Buchenwald and sent to another factory outside Berlin. As the Soviets closed in, the SS forced him to join a “death march.” He and four others attempted an escape near Schwerin. Most were shot. Rudi was soon rescued by Allied troops and eventually emigrated to the United States. Leopold and Johanna died at Auschwitz.
Siegfried Seligmann, his wife Alma, and their daughters Else and Ursala disembarked in Belgium and settled in Brussells. When the Nazis invaded in May 1940, Belgian police arrested Siegfried. He was sent to France and imprisoned at Les Milles, a factory converted to an internment camp. Alma and Ursala traveled to France, hoping to find him. They were arrested in Paris and taken to a different internment camp. Somehow, separately, the entire family managed to obtain the visas necessary to leave France. They settled in the United States.
Julius Hermanns, who had to leave his family behind when he boarded the St. Louis to flee Dachau, disembarked in France. He contacted his wife Grete and his teenage daughter Hilde to join him. After France declared war on Germany, Julius was arrested and taken to Saint-Cyprien, an internment camp on the French-Spanish border. Here he joined 50 other passengers of the St. Louis. Julius wrote to organizations and relatives begging for help:
We have written hundreds of letters to all possible places . . . In any event, war wins in every court against defenseless refugees. Everything else is lost irrecoverably.
Grete, Hilde, and several of their relatives were deported to the Riga ghetto December 11, 1941. After several transfers, Julius was sent to Auschwitz in August 1942.
Julius died at Auschwitz while Grete and Hilde likely died at Riga.
Mother of Exiles
Of the 620 St. Louis passengers returned to the European continent, “532 were trapped when Germany conquered Western Europe,” according to the USHMM. Of these Jewish refugees who were in sight of the palm trees of Havana and the lights of Miami, and who repeatedly radioed the United States for asylum, 254 died in the Holocaust.
As we continue to debate who is and who is not allowed through the Mother of Exile’s golden door, we should consider whether we can improve on her legacy.
Recently, scholars Richard Breitman and Allan Lichtman have argued in their book FDR and the Jews that there was nothing that could be done for these refugees and that President Roosevelt, and the larger United States, do not deserve the condemnation that this incident drew. This position has been hotly contested and thoroughly dissected by Rafael Madoff in “Politicizing America’s Response to the Holocaust,” David S. Wyman Institute for Holocaust Studies, accessed http://new.wymaninstitute.org/2013/08/politicizing-americas-response-to-the-holocaust/
 The main source for secondary and contextual information for this post is “Voyage of the St. Louis,” United States Holocaust Memorial Museum, https://www.ushmm.org/wlc/en/article.php?ModuleId=10005267
 Gordon Thomas and Max Morgan Witts, Voyage of the Damned (New York, 1974); “U.S. Policy During the Holocaust: The Tragedy of S.S. St. Louis,” Jewish Virtual Library, http://www.jewishvirtuallibrary.org/the-tragedy-of-s-s-st-louis
 Information on the families of St. Louis Passengers accessed “The Voyage of the St. Louis,” Online Exhibition, United States Holocaust Memorial Museum, https://www.ushmm.org/exhibition/st-louis/story/
 Gordon Thomas and Max Morgan Witts, Voyage of the Damned (New York, 1974); “U.S. Policy During the Holocaust: The Tragedy of S.S. St. Louis,” Jewish Virtual Library, http://www.jewishvirtuallibrary.org/the-tragedy-of-s-s-st-louis
 Breiman and Lichtman argue that there was no way FDR’s administration could have admitted the passengers because the quota was full. Rafael Medoff, director of the David S. Wyman Institute for Holocaust Studies argues that the refugees could have been easily admitted to the U.S. Virgin Islands where the governor and legislature offered asylum. Medoff argues, “The administration was too quick to find technical reasons to keep Jews out; and Breitmann and Lichtman are too quick to find excuses for what they did. See Medoff’s book FDR and the Holocaust: A Breach of Faith. Breiman and Lichtman argue that the fact that these refugees founds temporary safety, frees the United States of any blame for their eventual fate. The USHMM study Refuge Denied shows that passengers were desperately seeking menial jobs in Chile to get out of being sent to these “safe” countries.
 One St. Louis passenger who arrived in Great Britain died in an air raid. The rest survived the war.