Category Archives: Indiana Historic Newspaper Digitization

“Indiana history is the product of local events, and local events tend to be captured within the pages of the community newspapers. The Indiana State Library has worked tirelessly to provide Hoosiers with free access to this information, traditionally on microfilm. Digitization of these newspapers is the ‘next step’ in providing 21st century access for Hoosiers to local events in Indiana history.”

History Unfolded Part 8: The “Jewish Badge” and the “Threatening Calamity”

The Holocaust did not start with gas chambers. It started with stereotyping and hateful words, escalated to stigmatization and discrimination, and culminated in genocide, according to the United States Holocaust Memorial Museum (USHMM). Thus the September 1941 order forcing Jews in Germany and occupied territories to wear a yellow star sewn onto their clothes, marked an important shift in the state-sponsored persecution of Jews. The bright yellow star with mock Hebrew lettering clearly identified Jews, marking them for discrimination, violence, and eventually, deportation to concentration camps.

USHMM caption: “A yellow star of David marked with the German word for Jew (Jude) worn by Fritz Glueckstein,” United States Holocaust Memorial Museum, courtesy of Fritz Gluckstein, accessed https://www.ushmm.org/learn/timeline-of-events/1939-1941/jewish-badge-decreed.

But what did this mean to the average American at the time? The  USHMM is seeking to discover just that through their History Unfolded Project (find out how you can contribute). And at Hoosier State Chronicles, we are using the freely accessible digitized Indiana newspapers to try and determine what Hoosier knew about the Holocaust and how they responded or did not.

In 1939, even before the general order, German authorities in occupied Poland required Jews to wear a blue Star of David sewn on a white armband. By the summer of 1941, Nazis required Jews to wear a yellow star badge in areas of the German-invaded Soviet Union. Indiana newspapers reported widely on the imposition of the badge and the worsening of conditions for Jews in occupied territories.* In July 1941, newspapers published in Munster, Valparaiso, Kokomo, and South Bend, Indiana, ran a lengthy United Press (UP) article by Jack Fleischer, a war correspondent based in Germany, who would later be interred by the Nazis for six months.

USHMM caption: White armband with a Star of David embroidered in blue thread, worn by Dina Offman from 1939 until 1941 while in the ghetto in Stopnica, Poland.

Fleischer reported from Krakow, Poland (which he spelled Cracow). He described taking a tour for foreign correspondents given by General Karl Frank, a high-ranking SS officer who would be executed after the war for his leadership in several massacres in Czechoslovakia. Frank showed off his “beautiful 14th century castle headquarters” and boasted of the improvements in the area since the Nazi occupation. According to Frank, “German experts” were “teaching Polish farmers modern agricultural methods” and had conscripted Polish laborers who were at work “repairing streets and public buildings,” as well as dredging a river and building parks.

Photograph of Jack Fleischer by Jean Graffic for NEA News Service reproduced in the Coshocton (Ohio) Tribune, June 14, 1942, 6, accessed Newspapers.com. When this photo was taken secretly, Fleischer was being held at Bad Nauheim by German Authorities.

Fleischer also reported that he “drove through Cracow’s ghetto several times.” Fleischer wrote that Jews could leave the ghetto during the day to work, but were required to return at night. He continued: “They are required to wear white arm bands bearing the star of David.” He learned that the Jewish population of Krakow “which was 70,000 before the occupation, now is 11,000.” Most were transferred to the Warsaw Ghetto. A year later, German police and SS would begin deportations from Warsaw to the Treblinka killing center. The star badge played an important role in such deportations. According to the USHMM:

When Nazi officials implemented the Jewish badge between 1939 and 1945, they did so in an intensified, systematic manner, as a prelude to deporting Jews to ghettos and killing centers in German-occupied eastern Europe. 

By September 1941, the badge had been implemented systematically throughout the Greater German Reich. Many Indiana newspapers reported the story. The Kokomo Tribune ran a UP report on September 6 under the headline “Oppression”:

Reinhard Heydrich, head of the Berlin secret police, today ordered all Jews over six years of age to wear the star of David in yellow on their coats together with the inscription “Jew” in black.

The following day, the (Richmond) Palladium-Item ran an International News Service report (INS) and the Indianapolis Star ran an Associate Press (AP) report, both from Berlin, providing more information. These wire services noted that the badge was required to be large, “the size of the palm of their hand,” and worn on the left side. The paper reported that, starting September 19, Jews would not be allowed to leave their districts without police permission. The report concluded by noting that this decree was ordered just days before Rosh Hashanah, a time of introspection for Jews, but also a celebration of the year completed. At any other time, most Jews in Berlin would have been preparing prayers and baking challah.

USHMM caption: “Elsa Eisner Wearing the Compulsory Jewish Badge in Prague,” Elsa Eisner, marked with a Jewish badge, walks down a street in Prague. She, her mother, twin sister and other members of the family were deported to Auschwitz in July 1942. Prague, Czechoslovakia, ca. 1941. Accessed Holocaust Encyclopedia, USHMM.

Also on September 7, the South Bend Tribune ran a more extensive UP article, reiterating most of the information given by the other newspapers and adding more alarming details. This article reported that German authorities had already “banned exit permission from Germany.” The UP reported that the decree was accompanied by severe penalties, large fines and imprisonment, for failure to wear the badge. The writer concluded that the order was “the sharpest official measure against Jews since those introduced following the anti-Semitic outbreaks of November 9, 1938,” referring to Kistallnacht.

The (Indianapolis) Jewish Post ran an editorial by Rabbi Saul E. White on September 19, which attempted to comfort American Jews by explaining to them why the antisemitism that had manifested in Europe could never take root in the United States. He argued that (1) the U.S. lacked respected antisemitic writers or historians that could influence the nation’s thinking; (2) no political party espoused antisemitism as part of their platform; (3) there was no repressed minority seeking a scapegoat for problems because the Roosevelt administration had rescued the economy; (4) no churches were sympathetic to antisemitism; and (5) the U. S. was built on religious freedom and racial tolerance.

Meanwhile, newspapers and radio broadcasts carried the vitriolic antisemitic messages of Father Charles Coughlin who defended Nazi violence against Jews and gave a platform to Charles Lindbergh who blamed Jews for conspiring to bring the U.S. into the war. Many members of the U.S. State Department and several  congressman worked to block Jewish refugees from seeking safety in the United States. Respected organizations such as the American Legion actively worked to keep Jewish refugees out, even children. African Americans struggled for basic civil rights, while the U.S. government would soon begin imprisoning its own citizens of Japanese descent in concentration camps.

Rabbi White encouraged his readers not to worry and even chided Jewish activists who combatted antisemitism with education, as well as those who shared reports of the tragedies occurring in Europe with increasing regularity. Rabbi White sarcastically rebuked those Jewish activists who “have turned amateur detectives and go about with an air of knowing it all and occasionally hint at a threatening calamity.” Rabbi White would later become an important force in fighting antisemitism and an active participant in the civil rights movement. However, it is clear from his 1941 column that despite the extensive coverage in newspapers, many American Jewish newspaper readers had no idea that the “threatening calamity” had already arrived.

(Indianapolis) Jewish Post, October 31, 1941, 2, accessed Hoosier State Chronicles. [Mogen-Davids translates to Shield of David.]
On September 21, the South Bend Tribune ran a UP story showing that a glimmer of humanity remained in Berlin. The UP reported that a silent protest had broke out in response to “the new rigid anti-Jewish laws” requiring Jews to wear the star badge. According to the article, non-Jewish Germans “were seen on the streets of Berlin today approaching Jewish acquaintances and ostentatiously shaking hands with them.” This expression of solidarity was “an obvious gesture of sympathy.”

According to the USHMM:

This response was widespread enough that the Ministry of Propaganda and Enlightenment felt compelled to issue pamphlets instructing Germans on how they should respond when encountering neighbors wearing the yellow star.

The Nazi propaganda machine also responded to criticism of the new restrictions with false reports blaming the United States for the new law. These manufactured stories were especially well-covered in Indiana newspapers through AP and UP reports and dispatches received directly from war correspondents. On September 26, the Indianapolis News, Kokomo Tribune, (Richmond) Palladium-Item, South Bend Tribune, and the (Columbus) Republic all reported on the propaganda reports, sometimes on their front pages. The AP relayed reports from Americans in Berlin of “a story going the rounds of the German capital that every German national in the United States has been compelled to wear the swastika, leading to orders that Jews in Germany must wear a yellow Star of David on their left breasts.” American newspaper offices reported that they were receiving “frequent inquiries as to whether the rumor is based on fact” and Americans in Berlin were trying to dispel the rumor as nonsense. Of course, it wasn’t nonsense, it was propaganda. However, the AP reported, “Official [Reich] press officers said the government had nothing to do with the story and insisted they knew nothing about it.” Nonetheless, it was working. According to an AP story published by the Richmond Palladium, the average Berliner believed the rumor. The AP reported, “Whoever launched this whispering campaign a few days ago did a good job of it. It is all over Berlin and people are repeating it everywhere.”

USHMM caption: German Jewish adults and children wearing compulsory Jewish badges are lined up against a building. Weser, Germany, 1941–43. Accessed Holocaust Encyclopedia, USHMM.

By October, the (Indianapolis) Jewish Post published a report from the Jewish Telegraphic Agency (JTA) that German authorities were increasing their antisemitic propaganda output. The JTA wrote that “the Nazi press throughout the Reich is conducting violent anti-Jewish propaganda to back up Hitler’s manifesto to his army that ‘the Jews and only Jews’ are to be blamed for the German soldiers killed on the Eastern front.” However, the JTA also reported that the enforcement of the star badge was having as unintended effect. The article stated:

The change of mood among the German people towards the Jews is reported to be the result of the introduction of the yellow Mogen David [Shield of David] for the Jews in the Reich. This anti-Jewish measure has, according to the report, had an opposite effect than that desired. It has provoked sympathy for the Jews instead of hatred.

According to the report, Christian ministers were especially given pause, pondering publicly: “Who knows? We Christians might soon find ourselves wearing the cross where Jews now wear the yellow star.” This reflection resembles the famous quotation by Martin Niemöller which is part of the USHMM’s permanent exhibition:

First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.

On October 3, 1941, the (Indianapolis) Jewish Post shared a report from Amsterdam via Stockholm, that “Nazi authorities in Holland have issued an order compelling all Jews there to wear a yellow Star of David over their heart” and that the accompanying  restrictions imposed on Jews in Germany prohibiting travel and instilling a curfew would also apply in Holland.

(Indianapolis) Jewish Post, October 3, 1941, 1, accessed Hoosier State Chronicles.

The Nazi propaganda machine was at work in Holland as well. German occupying authorities ordered the showing of the 1940 film The Eternal Jew, a horribly antisemitic piece of Nazi propaganda and a pet project of Joseph Goebbels. But also at work was a quiet resistance. The (Indianapolis) Jewish Post reported:

Demonstrating their contempt for the anti-Jewish propaganda which the Nazis are conducting in the Netherlands, crowds of Hollanders flock to the theaters where the Nazi anti-Jewish film “The Eternal Jew” is being shown under orders from Berlin, and sit through the entire performance with their backs to the screen.

USHMM caption: Jews from the Lodz ghetto are loaded onto freight trains for deportation to the Chelmno killing center. Lodz, Poland, 1942–44. Accessed Holocaust Encyclopedia, USHMM.

According to the USHMM, the badge was systematically enforced throughout Belgium and the Netherlands by the spring of 1942 and in occupied France by June. In each place the badge was introduced, deportations to ghettos and then killing centers soon followed. The badge was only a piece of cloth. But the intent was to mark Jews as different, less than human, and designate them for deportation and murder. The Nazi imposition of the star badge serves as a reminder that we must confront antisemitism and other forms of hate on contact. According to the USHMM:

More than 70 years after the Holocaust, the horrors of Rwanda, Srebrenica, and Darfur are sobering reminders that preventing future genocides and mass atrocities remains an enormous challenge. Yet genocide is not the inevitable result of ancient hatreds or irrational leaders. As we learn more about the risk factors, warning signs, and triggering events that have led to it in the past, we are also learning ways to prevent it in the future.

The USHMM website has tools for preventing genocide and confronting hate and antisemitism today, including the Early Warning Project: https://earlywarningproject.ushmm.org/

Further Reading:

United States Holocaust Memorial Museum, “Jewish Badge: During the Nazi Era,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/jewish-badge-during-the-nazi-era.

United States Holocaust Memorial Museum, “Nazi Propaganda,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/nazi-propaganda.

United States Holocaust Memorial Museum, “Ghettos,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/ghettos.

United States Holocaust Memorial Museum, “Deportation,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/deportations.

*Note: Researchers for the History Unfolded project found no Indiana newspaper coverage on the imposition of the star badge in the Hancock Democrat or in the Greenfield Daily Reporter.

**Note: For more on the U.S. and Hoosier response to Jewish refugees seeking asylum, see past posts:

Jill Weiss Simins, “History Unfolded Part 7: Child Refugees, Hoosier Resistance,” Hoosier State Chronicles Blog, https://blog.newspapers.library.in.gov/history-unfolded-part-7-child-refugees-hoosier-resistance/.

Jill Weiss Simins, “History Unfolded Part 6: The Abandoned Refugees of the St. Louis,” Hoosier State Chronicles Blog, https://blog.newspapers.library.in.gov/refugees-of-the-st-louis/.

Jill Weiss Simins, “History Unfolded Part 5: Jewish Refugees, Hoosier Rescue,” Hoosier State Chronicles Blog, https://blog.newspapers.library.in.gov/history-unfolded-project-part-5-jewish-refugees-hoosier-rescue/.

“You Will Know You Are At The Right Place”: The Innovative Care of the National Surgical Institute of Indianapolis

Advertisement for the National Surgical Institute, Indianapolis News, May, 26, 1887. Hoosier State Chronicles

During the latter half of the 1800s, Indianapolis was served by one of the best surgical institutions in the country. Dr. Horace R. Allen and his team at the National Surgical Institute focused on improving the lives and medical methods for the treatment of individuals with physical disabilities and orthopedic challenges. Originally founded in Charleston, IL in 1858, the institute grew when they moved their operation to the much larger city of Indianapolis in 1869. For nearly forty years, the organization drew patients from throughout the country to receive specialized treatment while also serving the emergency medical needs of the industrialized city, eventually expanding to other sites throughout the country. A tragedy cut short the mission of the Indianapolis location, but their efforts to improve the lives of the public changed the medical landscape and opportunities for the citizens of Indiana.

Physical deformations and muscular/skeletal damage are a major part of our modern culture, and pain relief resulting from these issues has become a major industry. The rise of prescription medicine usage to treat these conditions, particularly opioids, had led to serious questions about appropriate ways to treat pain. Alternative care, such as chiropractic treatments, orthotics, and physical therapy are now commonplace for both the general public and athletes. Congenital issues like cleft palates and club feet are rare in adults or teenagers in America, often being treated relatively soon after birth with surgery. Even when adults suffer from issues like rheumatoid arthritis, modern medicine can often prevent the characteristic deformity of hands and other joints.

This was not always the case. In the mid-19th century, surgeries were still experimental in many fields and fatalities were high. One Washington Post article describes some of the challenges from medical care at the time, including untrained physicians, poor hygiene, and limited pain relief or anesthesia. Sadly, this often meant a lifetime of pain and isolation for individuals with these conditions.[i]  An article from Collector’s Weekly in 2015 addressed the prevailing attitudes of the mid-1800s for individuals living with deformities, including the attempts of society to “fix,” ignore, mock, and experiment on this population.

The National Surgical Institute of Indianapolis, and its founders Dr. Horace R. Allan and Dr. W.P. Johnson, attempted to change both conditions and attitudes. They believed orthopedic surgery was a specialty that many family physicians and other surgeons didn’t understand fully, and that treatments were often ineffective due to improper equipment and training. An 1885 pamphlet from the organization articulates the purpose for founding this organization:

Upon arriving in Indianapolis in June of 1869, the Institute settled on the corner of Illinois and Georgia Streets in the former “Farmers’ Hotel” building. Upon reaching Indianapolis, they partnered with Dr. Charles L. Wilson, a specialist in ear and eye care, as well as other specialized physicians in the city. Dr. Allen became the face of the organization, and often took the lead in administrative matters.

Early Advertisement for the Indianapolis location, Daily State Sentinel, October 5, 1869, Hoosier State Chronicles

 

The first medical emergency handled at the new location was the Sinker-Davis boiler accident at the State Fair Grounds, which were located at 19th and Alabama Streets at the time.  The sudden explosion of a boiler during a steam-powered saw-mill demonstration on October 1, 1869 killed between twenty and thirty individuals and injured many more. The Institute took in a large number of those affected by the accident and offered care for free, a practice that continued throughout their time in the city.

“A Terrible Calamity”, Daily State Sentinel, October 2, 1869, Hoosier State Chronicles

 

In fact, the Surgical Institute frequently treated patients for accidents and injuries due to their central location in the city, as many other hospitals were further from the city center. This was particularly important in a period of rapid industrialization, when workplace accidents were common, often resulting in major injuries, amputations, or death.

Article citing some of the benefits of the National Surgical Institute, The Indianapolis News, September 1, 1874. Hoosier State Chronicles

 

While the institute often served the public in general care or emergency cases, the National Surgical Institute specialized in the treatment of individuals with physical deformities. More than that, as many of their promotional materials suggest, they sought to remove some of the concerns that prevented individuals from seeking care, such as trustworthiness, cost, and convenience, for their patients. Trustworthiness was of prime importance due to the prevalence of under-trained doctors or skeptics of the profession. This excerpt from their 1876 self-published trade book explains the qualifications of the organization:

In the treatment of ordinary fevers and diseases of the country, your physician would doubtless excel us; but with Institutions of original and most approved character, with ample means and every conceivable apparatus and facility, and with varied and valuable experience of having treated over thirty thousand cases, we do not consider ourselves vain or boastful in saying that it is in our power to excel, and effect cures impossible to them.

Illustration of the National Surgical Institute display case at the 1876 Philadelphia Centennial, from a promotional pamphlet, 1885

 

The Surgical Institute often focused on changing body mechanics to strengthen and utilize areas that may suffer from deformation to help overcome limitations, rather than focusing on drug usage or unnecessary surgeries.[ii] Techniques utilizing atmospheric pressure were often applied to stimulate areas where muscle loss or minimal movement existed previously. They treated everything from spina bifida, to club feet, to rheumatoid arthritis. According to “The History of Indianapolis and Marion County,” Dr. Allen’s “mechanical surgery” treatment methods were adapted in England. The technology he developed even won an award for “Instruments of Medicine, Surgery, Etc.” at the 1876 Centennial Exhibition in Philadelphia. However, newspapers of the time rarely covered the stories of therapeutic treatment, other than to say that patients were treated by the National Surgical Institute.

The success of the organization in Indianapolis led to the development of other locations in the country. By 1875, the organization expanded to three other locations in San Francisco, Atlanta, and Philadelphia. Initially, sharing news of the Institute was difficult due to restrictions on taking out advertisements about medical treatments. However, heavy promotion in the 1870s, as well as direct promotion to potential patients, brought in many individuals. Rival surgical institutes began springing up throughout the country during the 1880s and ‘90s, including organizations in Terre Haute, Louisville, Champaign, Chicago, and Buffalo, all of whom sought publicity in Indiana newspapers:

German advertisement for a competing surgical institute in Buffalo, NY, Indiana Tribüne, February 13, 1886. Hoosier State Chronicles

 

This is not to say the Institute was beyond scrutiny. Several individuals reported patients on the sidewalks in front of the institute and were characterized as “advertisement” for the institute.  By the early 1890s, the NSI was still performing many successful surgeries, but a series of troubling incidents occurred with the building, including several small fires and the collapse of a chimney in 1891:

In an article discussing building failures in the early 1890s, the Surgical Institute was highlighted,
The Indianapolis News, June 26, 1891, Hoosier State Chronicles

 

This event was not isolated, and clearly there were issues with the safety of the building, despite assurances of safety from the owners. Unfortunately, a horrific fire in January of 1892 proved to be fatal, killing nearly twenty individuals and injuring several more. The Indiana State Sentinel, which had previously written glowing reviews of the Institute, was one of the local newspapers that called the building a “deathtrap” and suggested the building should have been condemned. Many blamed Drs. Allen and Wilson for allowing improper living conditions, but both were absolved from responsibility for the fire by the coroner a month later, (although not a popular decision at the time, as the deputy coroner resigned his post following the decision).

In March, Allen suggested he was considering moving the Institute out of Indianapolis in a letter to the Commercial Club, covered by the Indianapolis Journal. The letter indicated the weight that financial difficulties and public scrutiny from the fire put on Dr. Allen, and he did not feel supported in rebuilding the Institute in Indianapolis.[iii] Yet, by mid-May, plans for a new building were drawn up to be built on the corner of Ohio and Tennessee Streets (Capitol Avenue), directly across from the Indiana Statehouse. Dr. Wilson left the Institute by 1893 to start his own competing surgical institute in town, leaving Dr. Allen as the sole proprietor.

Image of the H.R. Allen National Surgical Institute on the corner of Ohio St and Capitol Ave, The Indianapolis News, December 6, 1894. Hoosier State Chronicles

 

Renaming themselves the “H.R. Allen National Surgical Institute,” the organization continued on for a few more years under the control of Dr. Allen. However, the financial strain on the organization led to the eventual closure of the Institute by 1898. The building was sold, eventually becoming the Imperial Hotel. Dr. Allen passed away two years later in Chicago, and is buried in Crown Hill cemetery in Indianapolis.

Despite the sad ending to the National Surgical Institute, tens of thousands of individuals were bettered by the work of the organization. Being at the center of a major city allowed them to be connected to the needs of the public in the area and convenient to people travelling for treatment. The prominence of this organization may have helped inspire the boom of surgical institutes throughout America in the 1880s and ‘90s, offering a new level of care and supporting the work of specialized care for difficult-to-treat conditions, as well as treating serious accidents. Most importantly, the National Surgical Institute placed patient interests at the forefront of their mission and goals, and sought to serve them with innovative care.

 

Works Referenced

Hix, Lisa. “Healing Spas and Ugly Clubs: How Victorians Taught Us to Treat People With Disabilities” from Collector’s Weekly, July 21st, 2015. Website, accessed on 03/04/2019. https://www.collectorsweekly.com/articles/healing-spas-and-ugly-clubs-how-victorians-taught-us-to-treat-people-with-disabilities/

Imperial Hotel, Indianapolis, Indiana, 1907. (Postcard) From the Joan Hostetler Collection of Indiana Album, accessed on 03/07/2019, https://indianaalbum.pastperfectonline.com/photo/1C3EE72F-8329-4BFC-BFB0-914722026138  

List of awards made by the United States Centennial commission to the American exhibitors, International exhibition 1876, at Philadelphia. (S.T. Souder & Company, Philadelphia, 1876). Accessed from Archive.com via Library of Congress, 03/04/2019, https://archive.org/details/listofawardsmade00unit/page/112.

National Surgical Institute (National Surgical Institute (publisher), Indianapolis, IN, 1876), p 39. Accessed from the U.S. National Library of Medicine Digital Collection, 02/12/2019. https://collections.nlm.nih.gov/catalog/nlm:nlmuid-66811200R-bk

Sarner, Moya. “Back pain: how to live with one of the world’s biggest health problems” from The Guardian, June 14, 2018. Website, accessed 03/04/2018, https://www.theguardian.com/society/2018/jun/14/back-pain-how-to-live-with-one-of-the-worlds-biggest-health-problems

Stone, Will. “Patients With Chronic Pain Feel Caught In An Opioid Prescribing Debate” from NPR (National Public Radio). Website, Accessed 03/04/2019, https://www.npr.org/sections/health-shots/2018/07/08/622729300/patients-with-chronic-pain-feel-caught-in-an-opioid-prescribing-debate

Sulgrove, B.R. History of Indianapolis and Marion County. (L. H Everts & Co.: Philadelphia, 1884)

The National Surgical Institute. Pamphlet, 1885. From the U.S. National Library of Medicine Digital Collection, accessed on 03/06/2019. https://collections.nlm.nih.gov/ext/dw/101532257/PDF/101532257.pdf

[i] Three previous Indiana History Blog articles, one focusing on Central State Hospital physician Dr. Sarah Stockton and a two-part article on Civil War surgeon and hospital designer, John Shaw Billings, help provide some context for medical conditions during and following the Civil War.

[ii] In fact, the Institute even suggested that they could cure opium addiction in the January 25, 1878 edition of the Indianapolis News. No details were provided of the treatment method, nor were there successful cases mentioned, but patients who attempted the cure were assured of “no charge” if it didn’t succeed.

[iii] For more information on the fire and the immediate reaction in the newspapers, read Libby Cierzniak’s Historic Indianapolis article, “Indianapolis Collected: After the Fire”.

The Politics of Publicity: Mayor “Lew” Shank and the Power of the Press

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.[1] 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.

The Indianapolis Journal, May 14th, 1904, p 15. Hoosier State Chronicles

 

Indianapolis Journal, June 27, 1903. Hoosier State Chronicles

 

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.

Example of Shank’s self-promotional use of advertisements. Indianapolis News, October 27th, 1902, p.12. Hoosier State Chronicles
Omaha Daily Bee, December 7th, 1902, p.15. Chronicling America 

 

The Philadelphia Inquirer, November 23rd, 1902, p. 44. Newspapers.com

 

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. [2] 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. [3]

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:

The Greenfield Republican, Greenfield, Indiana. February 3rd, 1910. Hoosier State Chronicles

 

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.

The Lake County Times (Hammond Times), Hammond, IN. January 27th, 1912. Hoosier State Chronicles

 

The San Francisco Call, San Francisco, CA, September 30, 1911. Chronicling America

 

The Day Book, Chicago, IL. December 23rd, 1911, Image 11. Chronicling America

 

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.

Collection of articles about the police situation, Indianapolis Star, November 27, 2013, p 8. Newspapers.com

 

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:

The Lake County Times, November 29, 1913, p 1. Hoosier State Chronicles

 

Opinion piece from The Lake County Times, December 1, 1913, p 4. Hoosier State Chronicles

 

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. [4] 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.


[1] For more information about the Nixon-Kennedy debates, see Time magazine’s article, “How the Nixon-Kennedy Debate Changed the World”

[2] The Indianapolis News, Wednesday Evening edition, November 3, 1909, p. 1.

[3] “Mayor Shank Tells How a Brace of Imaginary Daughters Helped Elect Him”, The New-York Tribune, February 25, 1912, p. 19. Accessed February 2, 2019. https://www.newspapers.com/image/467701598/

[4] “Samuel Lewis (Lew) Shank,” Encyclopedia of Indianapolis, edited by David J. Bodenhamer and Robert G. Barrows, (Bloomington:  Indiana University Press, 1994), 880.

History Unfolded Part 7: Child Refugees, Hoosier Resistance

(Indianapolis) Jewish Post, December 2, 1938, 1, accessed Hoosier State Chronicles.

Children under eighteen years of age make up more than half of the approximately 22 million people seeking refuge today. [1] 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. [2] 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. [3]

Fortune, July 1938, reprinted in Ishaan Thardoor, “What Americans Though of Jewish Refugees on the Eve of World War II,” Washington Post, November 17, 2015, accessed Washington Post.

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.

“Kindertransport,” Holocaust Encyclopedia, USHMM.

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.)

USHMM caption: Jewish refugee children, part of a Children’s Transport (Kindertransport) from Germany, upon arrival in Harwich. Great Britain, December 12, 1938, Institute of Contemporary History and Wiener Library Limited, accessed Holocaust Encyclopedia, USHMM.

The Wagner-Rogers Bill

(Richmond) Palladium-Item, May 22, 1958, 11, accessed Newspapers.com

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. [4] 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.

(Indianapolis) Jewish Post, June 2, 1939, 6, accessed Hoosier State Chronicles.

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.

History Unfolded Post 5: “Jewish Refugees, Hoosier Rescue,” Hoosier State Chronicles Blog.
(Indianapolis) Jewish Post, July 28, 1939, 8, accessed Hoosier State Chronicles.

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:

USHMM caption: A Jewish refugee girl from Vienna, Austria, upon arrival in Harwich after her arrival in England on a Kindertransport. United Kingdom, December 12, 1938, National Archives and Records Administration, College Park, MD, accessed Holocaust Encyclopedia, USHMM.

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.

Marcus Blechman,, Photograph of Helen Hayes, 1945, Henrietta Alice Metcalf Performing Arts Photographic Collection, Special Collections Research Center, University of Kentucky, https://exploreuk.uky.edu/catalog/xt7gxd0qsz74_205_1/

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.”

USHMM caption: Children aboard the President Harding look at the Statue of Liberty as they pull into New York harbor. They were brought to the United States by Gilbert and Eleanor Kraus. New York, United States, June 1939, US Holocaust Memorial Museum, courtesy of Steve Pressman, accessed Holocaust Encyclopedia, USHMM.

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.”

USHMM caption: Soon after liberation, surviving children of the Auschwitz camp walk out of the children’s barracks. Poland, after January 27, 1945, US Holocaust Memorial Museum, courtesy of Lydia Chagoll, accessed Holocaust Encyclopedia, USHMM.

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.” [5]

USHMM caption: A child wears the compulsory Jewish badge. The “Z” stands for the word “Jew” (Zidov) in Croatian. Yugoslavia, ca. 1941, accessed Holocaust Encyclopedia, USHMM.

The amendments added by the legislation’s opponents, nullified its intent, and Senator Wagner withdrew his bill on July 1, 1939. The Jewish Post reported 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 Record reported 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.

USHMM caption: This photograph taken soon after liberation shows young camp survivors from Buchenwald’s “Children’s Block 66″—a special barracks for children. Germany, after April 11, 1945, Federation Nationale des Deportes et Internes Resistants et Patriots, accessed Holocaust Encyclopedia, USHMM.

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.

Learn more about the  History Unfolded project and about issues facing Refugees Today through the United States Holocaust Memorial Museum.

Notes

  1. United States Holocaust Memorial Museum, “Refugees Today,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/refugees-today.
  2. United States Holocaust Memorial Museum, “Refugees” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/refugees.
  3. Poll: , Fortune, July 1938, reprinted in Ishaan Thardoor, “What Americans Though of Jewish Refugees on the Eve of World War II,” Washington Post, November 17, 2015, accessed https://www.washingtonpost.com/news/worldviews/wp/2015/11/17/what-americans-thought-of-jewish-refugees-on-the-eve-of-world-war-ii/?utm_term=.2a6a6f677323.
  4. United States Holocaust Memorial Museum,” Wagner-Rogers Bill,” Holocaust Encyclopedia, https://encyclopedia.ushmm.org/content/en/article/wagner-rogers-bill.
  5. 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.

Fair Use and Copyright Research for Newspaper Digitization: What You Need to Know

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.

Introduction

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?

The Fair Use Logo, Wikipedia.

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.

Second, the “nature of the copyrighted work” is considered when determining fair use. This guideline is a little harder to pin down, but it basically means whether or not your use of a copyrighted work is too close to the original to be considered fair use. Specifically, “using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item).” For our purposes, taking informational works such as newspapers and digitizing them for researchers changes the nature of the work, from a paid periodical into a free primary source document. In most cases, this would count as a fair use.

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.

This overview of fair use is not exhaustive. Definitely review material on fair use from the U.S. Copyright Office and the Copyright Alliance for more information.

What is “Public Domain”?

Public Domain Logo

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.

Have you ever wondered why the vast majority of NDNP’s content, and most digitized newspaper content, ends around 1923? It’s for a very simple reason: all works published in the United States before 1923 are in the public domain. No copyright research is necessary for this material; it’s free and clear for you to use. However, NDNP announced in 2016 that it has expanded its date range for newspaper titles, from 1836-1922 to 1690-1963. Thus, post-1923 works are in the public domain if a copyright claim was never filed from 1923 through 1977 or if the copyright was never renewed from 1923 through 1963.  All NDNP projects that follow these public domain guidelines will easily determine if their potential title is ready for digitization.

To learn more about public domain, visit these online resources from the Stanford University and Cornell University libraries.

Conducting Copyright Research

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.

Indianapolis Times, October 11, 1965, Indiana State Library Newspaper Microfilm Collection.

To figure this out, we examined its copyright as a complete title as well as the copyright of individual articles and/or syndicated content, to get a sense of how much material within the newspaper was copyrighted. Three resources allow you to complete this research: the Catalog of Copyright Entries (1906-1977) (published by the Library of Congress), the Public Catalog of Copyright Entries (1978-present) (online; published by the Library of Congress), and the Indianapolis Times newspaper microfilm collection (courtesy of the Indiana State Library).

Catalog of Copyright Entries, Internet Archive.

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.

Catalog of Copyright Entries, Library of Congress/Internet Archive. This is an example of the periodicals section of the catalog.

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.

Online Catalog of Copyright Entries, Library of Congress.

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.

Online Catalog of Copyright Entries, Library of Congress. A search for “Indianapolis Times” yields no results, which means that its copyright was never renewed after 1978.

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.

Start with the scanned Catalog of Copyright Entries at the Internet Archive. However, instead of viewing the volumes devoted to complete periodicals, look at the volumes usually devoted to books or pamphets. These volumes include copyright information on individual pieces published in periodicals.  Then search the online Catalog of Copyright Entries. Remember to check for both an original copyright notice and a copyright renewal. As with the newspaper title as a whole, if the article 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. Additionally, articles published from 1923-1963 with an initial copyright notice but no renewal are in the public domain and you are free to digitize.

Catalog of Copyright Entries, Library of Congress/Internet Archive. This is an example of the book and/or pamphlet section of the catalog, where copyright information on contributions to periodicals is located.

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.)

An example of PARADE magazine’s copyright notice from 1964. Supplementals like this are not in the public domain.

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.

A Bayer Aspirin ad from 1925. This was a copyrighted aspect of the Indianapolis Times that we reviewed when combing the microfilm collection.

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.

An example of syndicated and copyright cartoons from the Indianapolis Times.
An example of copyrighted serialized fiction in the Indianapolis 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.

Examples of how I documented all my work. 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.

Conclusion

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.

The Dog Fennel Gazette: A Fresh Look at an Old Legend

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.

Name It and Take It!, June 1 1887, Hoosier State Chronicles.

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.”[1] 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.

Greencastle Daily Banner, February 10, 1940, Hoosier State Chronicles.

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.”[2] 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.”[3]

Dog Fennel, the plant the term comes from from. Virginia Native Plant Society.
A Google N-Gram of “Dog Fennel.” Google Books.

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.[4] 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.

Indiana State Sentinel, March 16, 1848, Chronicling America.

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!”[5]

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.

Indiana State Sentinel, July 10, 1851, Chronicling America.

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.[6] 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.”[7] 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.

Plymouth Tribune, September 26, 1907, Chronicling America.

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.”[8] 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.

Plymouth Weekly Democrat, April 20, 1865, Chronicling America.

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.”[9] 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.[10] 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.’”[11] 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.

Evansville Daily Journal, October 4, 1864, Chronicling America.

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.”[12] 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?”[13] 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.[14] 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.

Greencastle Times, July 19, 1888, Hoosier State Chronicles.

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.

[1] Fred Cavinder, Indiana Book of Records, Firsts, and Fascinating Facts (Bloomington: Indiana University Press, 1985), 129.

[2] John W. Miller, Indiana Newspaper Bibliography (Indianapolis: Indiana Historical Society, 1982), 392.

[3] 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.

[4] 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.

[5] “The Last Session,” Indiana State Sentinel, March 16, 1848, 2, accessed February 27, 2018, Chronicling America.

[6] “Eli P. Farmer, Indiana State Sentinel, July 10, 1851, 1, accessed February 19, 2018, Chronicling America.

[7] “Where they get their Cue,” Indiana State Sentinel, September 9, 1852, 1, April 2, 2018, Chronicling America.

[8] “Against the People Again,” Plymouth Democrat, September 26, 1907, 4, accessed February 19, 2018, Chronicling America.

[9] Plymouth Weekly Democrat, April 20, 1865, 1, accessed February 27, 2018, Chronicling America.

[10] Indianapolis News, July 7, 1882, 4, accessed July 27, 2018, Hoosier State Chronicles.

[11] Indianapolis News, September 2, 1916, 1, accessed April 2, 2018, Hoosier State Chronicles

[12] Evansville Daily Journal, October 4, 1864, 2, accessed February 27, 2018, Hoosier State Chronicles.

[13] Crawfordsville Weekly Journal, January 18, 1872, 2, accessed February 27, 2018, Hoosier State Chronicles.

[14] Greencastle Times, July 19, 1888, 6, accessed February 27, 2018, Hoosier State Chronicles.

History Unfolded Part 6: The Abandoned Refugees of the St. Louis

“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:

Des Moines Register, July 13, 1939, 6, Newspapers.com

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

The Poems of Emma Lazurus, Vol. I, (Boston and New York: Houghton Mifflin and Company, 1889), 8, accessed Archive.org.

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. [1] 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. Louis pleaded 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. [2]

Photo and caption accessed USHMM.

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…

(Indianapolis) Jewish Post, June 2, 1939, 2, Hoosier State Chronicles.

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. [3]

Photograph, USHMM.

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). [4]

Heinz and Else Blumenstein, 1940, photograph accessed USHMM.

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.

“Safe Conduct” Pass for Siegred Seligmann, 1941, USHMM.

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.

The Hermanns Family, 1938, USHMM.

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, Johanna, and Martin Dingfelder in front of the meat shop,” USHMM.

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.

Caption and photograph, USHMM.

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.

“Jewish refugees aboard the refugee ship St. Louis,” USHMM.

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. [5]

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.

(Indianapolis) Jewish Post, June 2, 1939, 6, Hoosier State Chronicles.

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 Post reported 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.

Indianapolis Star, June 12, 1939, 12, Newspapers.com

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 Jewish Post 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.

Hammond Times, June 7, 1939, 30, Newspapers.com.

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.”

Kokomo Tribune, June 3, 1939, 1, Newspapers.com.

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.”

Columbus Republic, June 5, 1939, 1, Newspapers.com

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.”

The “St. Louis,” carrying Jewish refugees from Nazi Germany, arrives in the port of Antwerp after Cuba and the United States denied it landing. Belgium, June 17, 1939, Bibliotheque Historique de la Ville de Paris, Caption and Photo accessed USHMM.

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. [6]

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. [6] 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. [7]

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.

Heinz and Else Blumenstein in Heijplaat Quarantine Center in Rotterdam, summer 1939, photograph accessed USHMM,

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.

The Siemens-Schuckert Factory, USHMM.

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.

Hilde Hermann (left), 1930, USHMM.

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.

Learn how we can confront genocide: https://www.ushmm.org/confront-genocide

[1]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/

[2] 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

[3] 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

[4]  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/

[5] 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

[6] 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.

[7] One St. Louis passenger who arrived in Great Britain died in an air raid. The rest survived the war.

History Unfolded Project Part 5: Jewish Refugees, Hoosier Rescue

“Group portrait of Youth Aliyah children from the Bergen-Belsen displaced persons camp in front of a train before their departure on the first leg of their journey to Palestine,” Photograph Number 97807, United States Holocaust Memorial Museum, courtesy of Alex Knobler, accessed USHMM.org

$360. That was the cost in May 1938 to rescue a Jewish child from Nazi controlled Austria. $360 would pay for her relocation to a new home in Palestine, and care for her for two years. All this for $360. $360 to save the life of a child.

Richmond (Indiana) Item, March 29, 1938, 1, accessed Newspapers.com.

In May 1938, the national Youth Aliyah Committee identified 1,000 Jewish Austrian children who could leave the country with valid visas, but only until September 30 when the passes to leave Austria expired. One Indianapolis woman refused to allow this brief window of opportunity to close without trying to save these young Austrians. After all, Sarah Wolf Goodman was herself a Jew born in Austria who must have felt great empathy for those who shared her homeland. She was not alone. While the U.S. government was slow to act, many private citizens worked to aid refugees fleeing Germany and Austria after the Anschluss in 1938. And some of these notable American activists were Hoosiers.

History Unfolded

Indianapolis Star, May 10, 1936, 33, accessed Newspapers.com

Over the last year, we have been looking at Indiana newspapers to try and determine how much information Hoosiers received through the press about the events leading up the Holocaust. In the last History Unfolded post (Part 4) we also met the tireless and prescient diplomat, James G. McDonald, who tried to warn the world about the impending atrocities. In this post, we will examine the failed Evian Conference, news articles about the deepening refugee crisis, and editorials about how Hoosiers believed the U.S. should respond. We’ll continue to follow McDonald who attended the conference and we’ll meet Sarah Wolf Goodman, another bold and industrious Hoosier who showed her community what could be accomplished without leaving home.

The purpose of this project is twofold: 1. to contribute Indiana newspaper articles to the United States Holocaust Memorial Museum’s History Unfolded database to help the museum determine what the average American knew about the Holocaust; and 2. to analyze these articles and share with our readers our findings on what Hoosiers knew and how they responded. Hopefully, a greater understanding of the events surrounding the Holocaust can inform our responses to current world crises. Anyone can contribute articles to History Unfolded. Find out how through the United States Memorial Holocaust Museum (USHMM).

Anschluss

In January 1933, Jewish Germans made up about one percent of the country’s total  population. The greatest number of Jews resided in Berlin. Over the following years, the Nazis banned Jews from civil service, boycotted Jewish businesses, and stripped away their citizenship rights with the declaration of the Nuremberg Laws. By 1938, the Nazis made life so difficult for German Jews that about 150,000 left the country, according to the USHMM. This was one-fourth of the entire Jewish population. When Germany annexed neighboring Austria in March 1938, many more Jewish people were forced to flee their homes, resulting in a major refugee crisis.

Anschluss, March 1938, map, US Holocaust Museum, accessed USHMM.org.

Since the end of World War I, most Austrians supported a union with Germany. However, this consolidation of power was forbidden by the Versailles Treaty. By the mid-1930s, Austria, suffering under a poor economy, saw Hitler as the solution. A bombardment of Nazi propaganda solidified public opinion. Thus, on March 12, 1939, when Nazi troops entered Austria, they were greeted by cheering crowds.

Members of the League of German Girls wave Nazi flags in support of the German annexation of Austria. Vienna, Austria, March 1938; Dokumentationsarchiv des Oesterreichischen Widerstandes, accessed USHMM.org.

This German-Austrian union, called Anschluss, brought another 185,000 Jews under Nazi rule – all of whom now faced persecution. According to the editors of Refugees and Rescue:*

Austrian anti-Semites, members of the Nazi Party, and police and SS officials immediately attacked, arrested, and humiliated Jews and political opponents in Austria. Confiscation of Jewish property and public scenes such as forcing Jews to scrub sidewalks were everyday occurrences. Hundreds of Austrian Jews committed suicide, and tens of thousands sought to leave as quickly as possible.

“Austrian Nazis and local residents look on as Jews are forced to get on their hands and knees and scrub the pavement,” photograph, 1938, United States Holocaust Memorial Museum, courtesy of National Archives and Records Administration, College Park, accessed collections.ushmm.org.

The German-Austrian Refugee Crises

These tens of thousands of Austrian Jews joined those from Germany who felt they had no choice other than to leave their homes. However, many who tried to flee were unable to find a country to accept them. According to the USHMM, “a substantial percentage tried to go to the United States.” However, the Immigration Act of 1924, passed during a period of xenophobia and Klan influence, sharply restricted immigration to the United States. Jews were among the ethnic groups deemed undesirable by the legislation and only a very small number were issued immigration visas in the years following the quota enactment. This did not change in 1938. Even in the face of the mounting refugee crises, the United States government largely turned its back on the Jews of Europe.

“Terre Haute Bread Line,” photograph, 1931, Martin’s Photo Shop Collection, Indiana Historical Society, accessed images.indianahistory.org.

Widespread American prejudice and anti-Semitism that extending into federal government service definitely contributed to the lack of action, but there were other issues as well. The Great Depression still affected many Americans who feared further competition for jobs. African Americans faced racism and prejudice in addition to the horrors of lynching. It would be hard for many African Americans to see why they should care about injustices across the Atlantic when they faced injustice at home. For other Americans, it simply seemed like a faraway problem of little practical concern to them. Many people simply had their own immediate struggles and problems to make ends meet. Plus, the United States fought in “the war to end all wars” only twenty years earlier. Many just wanted to stay out of what was viewed as Europe’s problem.

For example, in an editorial for the Indianapolis Recorder, African American writer Fletcher Henderson called the annexation of Austria “interesting . . . headline reading for the American people,” but because Hitler was not threatening America, noted it was “nothing for us to become alarmed about.” He stated succinctly, “While we deplore the rape of any nation, it is none of our affair.” Henderson called for the U.S. government, and especially President Franklin D. Roosevelt, to mind its own business. He stated, “If the administration in Washington would bend all of its efforts to end the depression in the United States, it would not have the time even to read of the happenings in the rest of the world.”

James G. McDonald: Stirring the American Conscience

However, there were Americans of conscience who worked relentlessly to find ways to save the Jews of Austria and Germany, some of them Hoosiers. Starting as early as 1933, former Indiana University professor James G. McDonald shared his fears with world leaders that Hitler would eventually order the execution of all the Jewish people under Nazi rule. (Read more about McDonald in the previous post: Part 4). By the time of the Anschluss, McDonald worked tirelessly and traveled widely to spread this warning and raise awareness for the plight of fleeing Jewish refugees. His diary and letters* tell of the frustrating, often bureaucratic, work he undertook in an attempt to convince government, religious, and philanthropic organizations to work together and to connect those who had authority to act with those who had the means to act.

“James G. McDonald arrives in Jerusalem with the members of the Anglo-American Committee of Inquiry on Palestine,” photograph, 1946, United States Holocaust Memorial Museum, courtesy of James McDonald, accessed collections.ushmm.org.

In March 1938, McDonald spoke to a group of potential Jewish donors in New City about the urgent need to give money to save the Jews of Europe who faced annihilation. According to a summary of his speech, McDonald stated:

The war that the Nazis are waging is not a war against the Jews of Germany, but against all Jews, whose influence must be obliterated and who themselves should either be exterminated or driven out of all civilized lands . . . If you think that because you live in the United States you are immune, you are very foolish. Nothing counts these days except money with which to carry on your work of relief, of emigration, and of service to your fellow Jews. Mass meetings, parades, demonstrations, resolutions, getting nice letters from friendly Christians, are all very well, but they don’t actually save a single Jewish life, feed a starving Jewish boy or girl, train a single youth, pay for his emigration, or enable him to start life anew anywhere else.

“James G. McDonald delivers an address in Atlantic City, New Jersey,” photograph, n.d., United States Holocaust Memorial Museum, courtesy of James McDonald, accessed collections.ushmm.org.

All over the country and to all kinds of audiences, McDonald reiterated his earlier statements that the refugee crisis was not a Jewish problem but a human one. McDonald called the Nazi persecution of Jews an “attack upon the principles of civilized society” and expressed his disappointment that all Americans were not rising to meet the crises. In accepting the Professor Albert Einstein Medal for Humanitarian Services, he stated:

New York Times, June 16, 1938, 3, accessed ProQuest Historical Newspapers.

Until Protestants and Catholics as well as Jews understand, come to see that the things they hold dear, even as the things Jews hold dear, are threatened – not until then will there be an adequate response to enable refugees from Central Europe to be cared for.

McDonald closed his speech by refuting other political leaders’ claims that these refugees who had been stripped of their assets would be a liability and reminded his American audience that they live in a “country of refugees.” In yet another speech, this time to the Jewish Theological Seminary in New York City, he again appealed to his audience’s conscious and pocketbooks:

This problem will require thinking in terms not of a few million dollars, but in terms of tens of millions of dollars. Moreover, the problem is not a Jewish problem. The conscience of America has been stirred.

(Indianapolis) Jewish Post, April 29, 1938, 1, accessed Hoosier State Chronicles.

These Americans, whose consciences has been stirred, placed immense pressure on the U.S. government to act on behalf of those fleeing Nazi persecution. On April 29, 1938, the Jewish Post, published in Indianapolis, reported that “10,000 Americans visited the offices of HIAS (Hebrew Immigration Aid Society) since Anschluss to learn how to bring their relatives to the United States from Austria.” Charitable and religious organizations did not wait for the government to take the lead. For example, the Jewish Welfare Federation advertised a fundraising campaign in the Jewish Post with an $81,640 goal. The ad pleaded for Jewish American aid:

 Against the storm, against the fold of misery, against dire suffering there is only one great barrier . . . the barrier erected by American help. Compared with the need, what we can do is perhaps little, But the little is the only hope of MILLIONS of our fellow Jews. So Give! Be glad you can Give! Give even if it means self-denial! Give so THEY may have a chance to LIVE!

(Indianapolis) Jewish Post, April 29, 1938, 5, accessed Hoosier State Chronicles.


Road to Evian

By May 1938, in response to mounting pressure, the U.S. government attempted to organize a solution in the form of the International Committee for Refugees (later Intergovernmental Committee on Refugees). On May 12, the New York Times reported that the U.S. government suggested the creation of an international committee  “to facilitate the emigration of political refugees from Germany and Austria.” The article reported that the U.S. State Department had consulted with over thirty other countries and scheduled a meeting for July 6 in Evian, France. According to Refugees and Rescue, President Roosevelt “launched [this] initiative without consulting the state department, inviting a range of other governments” to attend the Evian Conference.**

“President Gets Luxemburg Stamps,” photograph, 1935, Harris & Ewing photograph collection, Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA , accessed www.LOC.gov. McDonald is on the right.
New York Times, May 17, 1938, 4, accessed ProQuest Historical Newspapers.

Meanwhile, President Roosevelt also organized his own group of advisers on the refugee crisis. On May 16, this group, the President’s Advisory Committee on Political Refugees, organized and elected James G. McDonald as chairman. According to an account of the founding meeting by Samuel McCrea Cavert of the Federal Council of Churches, President Roosevelt “opened the conference by remarking that the United States has always been deeply sympathetic with political refugees and that the time had come when our country had another historic opportunity to show this sympathy.” However, the president carefully called the emigrants “political refugees” and avoided the term “Jewish refugees.” He seemed more concerned about public opinion than proposed rescue efforts. According to Cavert, in response to proposals that the government loan money to private organizations in position to effect immediate rescue, President Roosevelt stated that “at least for the present it would be unwise to put forward any proposal which would occasion public dispute and controversy, such as a change in the immigration quotas or appropriations or loans from public funds.”  It was clear that raising money would be the key to any successful rescue efforts. And if it were to come in time to help the Jews of Germany and Austria, it would have to come from private organizations, not the government.

“Refugee Advisory Committee Reports to President Roosevelt,” photograph, 1938, Harris & Ewing photograph collection, Library of Congress Prints and Photographs Division Washington, D.C., accessed www.LOC.gov.

As the world awaited the upcoming Evian Conference, the crises mounted. In an article printed in the Indianapolis News in late June, AP Foreign Correspondent, DeWitt Mackenzie described the problems facing the conference. Mackenzie estimated that 450,000 Jews in Austria and Germany were in need of a new country if they were to survive Nazi persecution. However, he speculated that this was perhaps only the beginning of the crisis. Mackenzie wrote:

The anti-Semitic forces in other central and eastern European countries such as Poland, Rumania [sic], Hungary and Lithuania, have been strengthened by events in Germany. Jewish leaders express fear the refugee problem may assume extraordinary proportions if anti-Semitic governments and organizations get the impression that they can solve their Jewish problem by expelling their Jews and trusting the rest of the world to absorb them.

Mackenzie continued by theorizing on how those diplomats about to meet in Evian would handle the crisis. He estimated that they would first attempt to determine the feasibility of convincing the oppressive governments to “diminish anti-Semitic pressure” and allow fleeing emigrants to bring the whole of their property with them. Second, they would try and determine where these refugees would find homes. Like McDonald, Mackenzie made clear that money would be the determining factor in how successful any rescue attempts would be.

“Peter Reis, a Jewish refugee child, sits on the deck of the SS Virgilio,” photograph, 1939,United States Holocaust Memorial Museum, courtesy of Leo Spitzer, accessed collections.ushmm.org

On July 2, 1938, just a few days before leaving for the Evian Conference, McDonald served as a sponsor for a Youth Aliyah benefit in New York. “Aliyah” is the Hebrew word for a Jew immigrating to Israel. The Hadassah-sponsored organization aimed to rescue young Jewish refugees and find them new homes in Palestine. The New York Times reported that the proceeds would be used to transport German, Austrian, and Polish refugees to Palestine on 1,100 British visas available until they expired in September. While James G. McDonald worked in New York to raise the $360 per child needed for transportation and two years of care, another Hoosier was hard at work for the same cause back in Indianapolis.

Sarah Wolf Goodman’s “Immediate and Wholehearted Action”

St. Louis Star and Times, April 30, 1924, 2, accessed Newspapers.com.

Sarah Goodman was a fixture of Indianapolis society, a prominent Jewish civic leader and supporter of the arts. She was born in Vienna in 1886 and came to St. Louis as a young child. She moved to Indianapolis after her marriage in 1924 to Jack A. Goodman, founder of the Real Silk Hosiery Mills. She was smart, ambitious, and well-connected. She commanded respect and could sway public opinion. In May 1938, she did exactly that.

Goodman devised a plan to address the same issue that faced McDonald: raising enough money for Youth Aliyah to transfer child refugees to Palestine before the September 30 deadline. Goodman shared with the readers of the Jewish Post on May 20 a letter she received from a fourteen-year-old girl who started a “little club of girls, all of about her age” and raised $10 “energetically baking and selling cookies.” The girls sent the money to Goodman asking her to “please accept the enclosed check for $10 and send it on to help save the lives of these poor children” of Austria.

These selfless girls inspired Goodman. She wrote that she believed that young Jewish people in Indiana wanted to help those their age who were suffering Nazi persecution:

(Indianapolis) Jewish Post, May 20, 1938, 2, accessed Hoosier State Chronicles.

In a few weeks many of these eager youngsters will be confirmed or will be graduated from grade school, high school, or college. We, their relatives, will show our love for them by showering them with gifts, some of which will be useful, some of which will never be looked at . . . Children appreciate gifts and the thoughts they express, but more important this year is the fact that they want to share with the Austrian children who have nothing.

(Indianapolis) Jewish Post, May 20, 1938, 5, accessed Hoosier State Chronicles.

Goodman’s plan was simple. She encouraged the families and friends of graduates to make a donation in the name of the graduate, in lieu of a gift, which she would send to the Youth Aliyah fund. The graduate would then receive a “fine” card. She wrote that any amount was acceptable but “only immediate and wholehearted action will suffice,” as the visas expired in a matter of a few months. Goodman stated, “Every one unused represents an opportunity lost forever to snatch a boy or girl from the hell that has been made of a fair country.” The country where she was born.

The Jewish Post supported her endeavors. The editor wrote:

It is to be hoped that Mrs. Goodman’s plan will be seized upon and carried through one hundred per cent. Let the card Mrs. Goodman described become so fashinable [sic] and popular that the tie or book as a gift will become outmoded and in its stead a symbol of Jewish charity on its highest plane – the salvaging of the life of a child will take its place as the finest present possible.

(Indianapolis) Jewish Post, May 20, 1938, 2, Hoosier State Chronicles.

The Indianapolis Star briefly mentioned a lunch fundraiser for Youth Aliyah on its society page, but made no mention of Goodman’s plan. Other Indiana newspapers were silent.

The Evian Conference

Historical Film Footage, Evian, France, 1938 [silent, 0:35]. UCLA Film and Television Archive, accessed USHMM.org.
Meanwhile, the world waited on the Evian Conference. New York Times reporter Clarence K. Streit wired a report from Evian back to New York on the eve of the parlay. His impression was that the gathered representatives of the world’s democracies were not taking the issue seriously enough and compared the atmosphere to a poker game.

New York Times, July 6, 1938, 1, accessed ProQuest Historical Newspapers.

 

Streit began his report with a reminder to the attendees that the refugees have lost everything “because of their refusal to recant what democrats believe to be true” or because they were born Jewish. He said he repeated this well-known fact in the article because “it seems to be in some danger of being lost at the start.” He took issue with the fact that the negotiations were starting from the perspective of viewing refugees as a burden; their humanity was being lost among the poker-like game of negotiating how that burden would be shared. His impression was spot on.

The Hotel Royal, site of the Evian Conference on Jewish refugees from Nazi Germany. Evian-les-Bains, France, July 1938, National Archives and Records Administration, College Park, Md., accessed USHMM.org

The conference began July 6, 1938 at a lavish resort on Lake Geneva. Delegates from thirty-two countries attended. President Roosevelt sent Myron C. Taylor as the U.S. representative and James G. McDonald to advise him. Taylor was a wealthy businessman with little previous diplomatic experience. The U.S. agenda for the conference, as determined in a series of June meetings between U.S. State Department representatives and the President’s Advisory Committee chaired by McDonald, represented a weak compromise between their opposing visions. The U.S. would allow political refugees from any country (not just Germany as argued by the State Department) but only within existing quotas (to the chagrin of McDonald and the committee). They would tread carefully on the subject of Palestine to not upset the British delegation, which controlled the region. McDonald was cautiously optimistic that the conference would encourage other countries to accept Jewish refugees. He would be disappointed.

Scene during the Evian Conference on Jewish refugees. On the far right are two of the US delegates: Myron Taylor and James McDonald of the President’s Advisory Committee on Political Refugees. Evian-les-Bains, France, July 1938, Leo Baeck Institute, accessed USHMM.org.

Myron C. Taylor addressed the conference on the opening day. He expressed sympathy for the plight of the refugees but noted that all of the countries present were dealing with a depressed economy and widespread unemployment. He noted that the assembled governments must act “promptly and effectively in a long-range program” to aid the refugees, but also noted that “the problem of political refugees” was “thrust upon them by the policies of some other governments.” He reviewed a world history of voluntary migration and then stated:

Now we have a form of compulsory migration, artificially stimulated by governmental practices in some countries which force upon the world at large great bodies of reluctant migrants who must be absorbed in abnormal circumstances with a disregard of economic conditions at a time of stress.

“Myron Taylor Addresses the International Conference on Refugees at Evian-les-Bains,” photograph, 1938, United States Holocaust Memorial Museum, courtesy of National Archives and Records Administration, College Park, accessed collections.ushmm.org.
Taylor stated that the problem was so large, the conference could do nothing more than “put in motion the machinery, and correlate it with existing machinery.” He meant well, but his hands were tied by a U.S. government afraid of public criticism for easing quotas. Again, citing the enormity of the problem, he tried to focus the conference on addressing only German and Austrian refugees (despite the position of McDonald and others on the Advisory Committee). He spent a good amount of his address pondering how the participating governments would document the refugees, and of course, how this immigration would be funded. He offered no solutions other than advising delegates to speak to McDonald about his knowledge of aiding and financing refugees. The other countries followed Taylor’s lead. According to the USHMM:

During the nine-day meeting, delegate after delegate rose to express sympathy for the refugees. But most countries, including the United States and Britain, offered excuses for not letting in more refugees. Only the Dominican Republic agreed to accept additional refugees.

“German and Austrian Refugee Children Pose with Albanian Children Shortly After Their Arrival,” photograph, 1939, United States Holocaust Memorial Museum, courtesy of Johanna Neumann, accessed collections.ushmm.org.

A New York Times article from July 14, succinctly summed up the Evian Conference. The reporter stated that the delegates “did not find a landing place for the thousands of refugees cast upon the world” and that “no doors were thrown open to the involuntary exiles.” The Times writer concluded: “All the delegates professed a sincere desire to do what they could, but none offered to relax the quotas and restrictions that every country has put on immigration.”

Before the conference even ended, McDonald turned his attention to gaining approval and support from the Vatican on addressing the human crisis. He left for Rome immediately after the conference closed. He did not even record his reaction to the Evian Conference in his diary. (Check back for Part 6 which will look at the widely varying Catholic response to the events leading up to the Holocaust and McDonald’s work to influence the Vatican.)

 Goodman and “The Dignity of Man”

(Indianapolis) Jewish Post, May 21, 1943, 4, Hoosier State Chronicles.

With little encouragement from world events, Sarah Goodman continued her campaign in Indiana to raise funds for the rescue of children from Austria. In all, she was able to save two children, with a total of $750 dollars raised, through her plan to collect donations in lieu of graduation gifts. This might not seem like much. However, this was in the midst of the Great Depression. The average income was just over $1,000 a year. Thus, Goodman raised almost a year’s salary for the effort. Additionally, she received no promotion for her idea from any newspapers beside the Jewish Post. Her plan, however, managed to spread. Cincinnati, Nashville, Memphis, Miami, New Orleans, Los Angeles, Seattle, and Washington followed suit.

(Indianapolis) Jewish Post, September 23, 1938, 10, Hoosier State Chronicles.

In September, the Jewish Post enthusiastically reported:

Out from under the blighting shadow of the Nazi swastika over Austria, Jewish boys and girls are sailing away to a life of opportunity and human service in Palestine as the result of a plan translated into action by Indianapolis’ own Mrs. Jack Goodman.

(Indianapolis) Jewish Post, November 25, 1938, 3, Hoosier State Chronicles.
Indianapolis Star, June 22, 1941, 54, accessed Newspapers.com,

On Thanksgiving Day, appropriately, Goodman shared the thanks of two children with the readers of the Post. She wrote:

On this our Thanksgiving weekend I have been instructed to transmit to all of you the heart-felt thanks of two young people whose lives will be forever yours. They are the youths whose lives were saved by the graduation, confirmation, birthday and other gifts which were made in your names last summer.

 A thousand children were saved by this push for the Youth Aliyah fund. Goodman wrote that “it will never be forgotten that two of this number were saved by the young people of Indiana.” And really, it was the children who led the way, from the young girl who inspired Goodman’s actions to those who sacrificed gifts to help others. One recently confirmed child told the Post that the fund was “a living memorial of the fact that we are lucky to be giving and not getting.”

(Louisville) Courier-Journal, January 8, 1939, 23, accessed Newspapers.com.

By September of 1939, around 282,000 Jews had fled from Germany and 117,000 from Austria, according to the USHMM. However, around 202,000 German Jews and 57,000 Austrian Jews were unable to escape, many because of old age. Their numbers fell to 163,000 by October 1941, when then Nazi regime ended Jewish emigration. Again according to the USHMM, “The vast majority of those Jews still in Germany were murdered in Nazi camps and ghettos during the Holocaust.”

(Indianapolis) Jewish Post, March 29, 1957, 1, Hoosier State Chronicles. Meeting of the Jewish Welfare Federation campaign. Goodman is in the center.

Sarah Wolf Goodman did not quit after the drive to help Austrian children ended. She did not quit as the horrific details of the Holocaust trickled and then flooded into newspapers. She spoke around the country, continued to raise money for Hadassah and Youth Aliyah, and helped form new chapters in other cities. She traveled to Palestine to visit the clinics, schools, and scientific farms set up by the Hadassah, of which she was vice-president by the 1940s. Despite her gender, the Jewish Post named her Indiana’s Jewish Man of the Year for 1945. In 1953 she became the first woman president of the Indianapolis Jewish Welfare Federation. In 1956, the Post referred to her as “without a doubt the most prominent Jewish woman in the state” and in 1958 she became chairman of the United Jewish Appeal.

(Indianapolis) Jewish Post, January 25, 1946, 1, 4, Hoosier State Chronicles.
(Indianapolis) Jewish Post, October 18, 1974, 1, Hoosier State Chronicles. Goodman on her 85th birthday.

At her 85th birthday, she looked back on her accomplishments, and perhaps to the 1938 drive to save the children of Austria. She stated:

Anything one does that helps in any way to make the life of another more livable is the greatest reward one can reap. My interest is in the dignity of man – regardless of his denomination.

 

References

Primary sources cited concerning McDonald, Roosevelt, the U.S. State Department, and the President’s Advisory Committee were accessed:

Richard Breitman, Barbara McDonald Stewart, and Severin Hochberg, Eds, Refugees and Rescue: The Diaries and Papers of James G. McDonald (Bloomington and Indianapolis: Indiana University Press & Washington, D.C.: United States Holocaust Memorial Museum, 2009), 121-159.

Contextual information on the Refugee Crisis and the Evian Conference was accessed via the United States Holocaust Memorial Museum at ushmm.org. Articles cited include: “German Prewar Expansion,” “Austria,” “German Jewish Refugees- 1933-1939,” “Emigration and the Evian Conference,” and “The Evian Conference.”

The Jewish Post was accessed via Hoosier State Chronicles. This resource is freely searchable and accessible to anyone.

Other newspapers accessed Newspapers.com, ProQuest Historical Newspapers, and NYTimes.com.

Notes

*Refugees and Rescue is the second of a three-volume set of McDonald’s papers and diaries. Cited above.

**President Franklin D. Roosevelt left behind a complex legacy from this period. He called for the Evian Conference but did not ease immigration quotas. He had many Jewish advisors and yet provided no public funds to aid Jewish refugees. According to the USHMM, he took “significant, yet limited action, in response to the persecution of Jews in Germany, the refugee crisis of the 1930s, and the ’Final Solution.’” For a comprehensive study of FDR’s response to the crisis, see Allan J. Lichtman and Richard Breitman, FDR and the Jews (Belknap Press, 2013).

The Crawfordsville Monster | An Example of “Fake News”

In Indiana during the 1890s, a creature feature known today as the “Crawfordsville Monster” became fodder for newspaper headlines. People throughout the town claimed they saw this “horrible apparition” in the sky. While the monster’s origins were eventually discovered to be earthly bound, the legendary status of the monster speaks to the power of fake news.

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Continue reading The Crawfordsville Monster | An Example of “Fake News”

Can a U.S. Senator be Removed from Office? | The Curious Case of Jesse Bright

There’s a lot of talk these days about presidents being removed from office. We’ve seen at least three times in American history when Congress nearly did just that. But, there’s always other politicians whose actions garner so much controversy that they’re kicked out altogether. In this video, we consider the case of Jesse Bright, a US Senator from Indiana whose coziness with the Confederacy led to his ouster from Congress.

Learn more Indiana History from the Indiana Historical Bureau: http://www.in.gov/history/

Search historic newspaper pages at Hoosier State Chronicles: www.hoosierstatechronicles.org

Visit our Blog: https://blog.newspapers.library.in.gov/

Visit Chronicling America to read more first drafts of history: https://chroniclingamerica.loc.gov/

Learn more about the history relevance campaign at https://www.historyrelevance.com/.

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