vol. 12, no. 3

American

Civil Liberties

Union-News

"Eternal vigilance is the price of liberty."

Vol. XII.

SAN FRANCISCO, MARCH, 1947

No. 3

Oakland Police Defy The Law

in Leaflet Distribution Cases

_ In defiance of Supreme Court decisions, Herb-

ert F. Steiner, State Organizer of the Socialist

Labor Party, was arrested in Oakland on Feb-

ruary 14 for distributing political literature on

the streets of Oakland. He was held in jail over

night and then released on $200 bail after

pleading "Not Guilty" to a charge of violating an

ordinance regulating the distribution of advertis-

ing matter on private property. Trial of the case

was set for March 4, at which time Steiner will

be represented by Clarence E. Rust, ACLU at-

torney of Oakland.

This is the second leaflet distribution case to

arise in Oakland this year. In January, three

men advocating a more efficient and militant

prosecution of the AFL clerks' strike against two

Oakland department stores were arrested on the

complaint of union officials. They were arrested

at the door of Oakland's Municipal Auditorium

where the union was holding a meeting. All three

were charged with violating the local ordinance

regulating the distribution of advertising matter

on private property. Their case was continued

until March 6 after counsel claimed the ordinance

was unconstitutional as applied.

In the Steiner case, the latter, together with

~ Mrs, Sarah Schneider, was distributing a printed

Socialist Labor Party leaflet, entitled, "Socialism

vs. Government Ownership,' to pedestrians at

the corner of 12th and Washington streets. They

chad been distributing about an hour when two

officers accosted Steiner. One of them asked,

"Have you got a permit?" Steiner pointed out

that he was distributing political literature and

didn't need a permit. Nevertheless, he was taken

to the station. On the way, one of the officers

remarked, "You damned Bolshevik, you ought to

be locked up!"

The ordinance under which Steiner has been

charged would seem to be a perfectly valid one,

insofar as the regulation of advertising matter

is concerned. It provides that no advertising

matter may be distributed without first procuring

a "distributor's permit," and the permit number

must be placed on the advertising matter that is

distributed.

But such an ordinance has no application to the

distribution of political and religious literature.

It is now well established by a series of Jehovah's

Witness leaflet cases decided by the U.S. Su-

preme Court that no permit may: be required for

the distribution of such literature.

The Union has thus far sought without success

to discover from Chief of Police Robert P. Tracy

whether it is his intention in the future to pre-

vent the distribution of all political and religious

literature on the streets of Oakland. If that is

the Chief's intention, it will become necessary to

request an injunction from the Federal Court

against the threatened interference with the right

of freedom of speech.

ACLU OPPOSES PRESS MONOPOLY

BILL DIRECTED AT AP DECISION

Opposition to a bill introduced in the House of

Representatives on January 3 which would per-

mit news associations to select their customers

and to deny services to competing newspapers,

has been expressed by the ACLU to Earl C.

Michener, chairman of the Committee on the

Judiciary. The letter, signed by Roger N. Baldwin,

director and Arthur Garfield Hays, general coun-

sel states that "the interests of the reading pub-

lic require that every paper have access to

whatever services it desires to buy." The bill is

intended to overcome the decision of the U.S.

Supreme Court in the Associated Press case and

_ would, according to the Union, apply only to that

association. (R)

Traditional

And State Upsei by

In a far-reaching decision, the U.S. Supreme

Court by a 5 to 4 vote ruled on February 10 that

New Jersey public school funds raised by tax-

ation can be used to pay for transportation of

children of Catholic parochial schools.

Justice Hugo L. Black held for the majority

(Chief Justice Vinson and Justices Black, Doug-

las, Murphy and Read) that laws permitting

payments for bus fares to schools is public ben-

efit legislation and that no person may be barred

from these benefits because of his religion. `""We

must be careful," said he, "in protecting the citi-

zens of New Jersey against state-established

churches, to be sure that we do not inadvertently

prohibit New Jersey from extending its general

state law benefits to all its citizens without re--

gard to their religious belief."

Law Excluded Profit Making Schools

The Court had before it a New Jersey statute.

permitting school districts to pay for the trans-

portation of public school children "including .

the transportation of school children to and

from school other than a public school, except

such school as is operated for profit in whole or

in part." The school district provided reimburse-

ment only for parents of public and Catholic _

New Deal for Immigrant Wives

And Children of Chinese GI's:

Protests by the Civil Liberties Union of North-

ern California to Attorney General Tom Clark

against the action of the San Francisco office of:

the Immigration Service in holding incommunica-

do Chinese G.I. wives and children entering the

country resulted last month in substantial

changes in procedure.

The privilege of communication with relatives

and friends was granted to all the immigrants,

pending an investigation of the situation by

Willard F. Kelly, Assistant Commissioner of Im-

migration in charge of alien control, who was

ordered to fly to San Francisco by Attorney

General Clark. On February 20, however, the.

Immigration Service announced new regulations

under which the Chinese GI wives and children

may be held incommunicado in some cases as

much as seven or eight days while the Service

secures testimony from both the husband and

the wife. Previously such immigrants were often

held incommunicado for many months.

If immigrants pass inspection aboard ship they

will be admitted without delay. Others will be

held incommunicado until their alleged husbands

have been examined, after which communication

will be permitted. The greatest delay will come

in cases where the Service must procure state-

ments from husbands who are not in San Fran-

cisco.

The alleged wives have the burden of proving

that they are in fact married to ex-service men.

Unfortunately, China does not have official

marriage records, so the matter of proof is not

always easy.

Considerable delay in handling the immigrants

results from the department's inadequate staff.

To help meet the immediate situation, the Serv-

ice has transferred a few inspectors temporarily

from Seattle, as well as a couple of interpreters.

The Service is presently detaining 20 Chinese

women, together with 20 children, whom it as-

serts have failed to establish their marriages to

U.S. service men. Another boatload of Chinese

GI wives and children will arrive in San Fran-

cisco early in March.

Senators Downey and Knowland, besides Con-

gressman Franck C. Havenner of San Francisco

were all helpful in securing a change in the

regulations.

Concepi of Separation of

rligh Court in

Church

Bus Case

`school pupils, although, as the Court pointed out,

it does not appear from the record that there

were other than public and Catholic schools in

the district. The suit was brought by a taxpayer,

Arch R. Everson against the Board of Education

of the Township of Ewing. The A.C.L.U. has

supported the case since its inception. |

The minority view, expressed by Justice Wiley

Rutledge, upheld the traditional separation of

Church and State. He said: "Two great drives

are constantly in motion to abridge in the name

of education, the complete division of religion and

civil authority which our forefathers made, One

is to introduce religious education and observ-

ances into the public schools. The other to obtain

public funds for the aid and support of various

private religious schools. In my opinion both

avenues were closed by the Constitution. Neither

should be opened by this court."

Oppose Extension Of Principle

In commenting onthe decision, attorneys for

the Union declared "it looks as if the principle

laid down goes far beyond school buses, If no

general public service can be withheld because of -

religion, it would follow that the taxpayers may

be required to furnish text-books, salaries and -4

buildings for all private schools." The Civil

Liberties Union will join in Opposing further

extension of the principle laid down.

Justice Jackson wrote one of the dissenting

opinions, in which he was joined by Justice Frank-

furter. Justices Burton, Frankfurter and Jack-

son joined in Justice Rutledge's dissent.

The majority opinion is relatively short and

we are reprinting a substantial portion of it

at this time. We will reprint Justice Rutledge's

dissent in the next issue of the NEWS, Justice

Black's opinion follows:

ek Majority Opinion

A New Jersey statute authorizes its local

school district to make rules and contracts for

the transportation of children to and from

schools. The appellee, a township board: of edu-

cation, acting pursuant to this statute authorized

reimbursement to parents of money expended by

them for the bus transportation of their children

on regular buses operated by the public transpor-

tation system. Part of this money was for the

payment of some children in the community to

Catholic parochial schools. These church schools

give their students, in addition to secular eduea-

tion, regular religious instruction conforming to

the religious tenets and modes of worship of

the Catholic Faith. The superintendent of these

schools is a Catholic priest . . .

The only contention here is that the State

statute and the resolution, in so far ag they

authorized reimbursement to parents of children

attending parochial schools, violate the Federal

Constitution in these two respects, which to some

extent, overlap. First. They authorize the State

to take by taxation the private property of some

and bestow it upon others, to be used for their

(Continued on Page 4, Col. 2)

JAN VALTIN WINS CITIZENSHIP

In his seventh attempt to win citizenship,

Richard J. H. Krebs, author of "Out of the

Night" under the pen name of Jan Valtin, won

his fight in the U.S. District Court in Connecti-

cut on Jan. 24, He was represented by ACLU

general counsel Arthur Garfield Hays. Affida-

vits from his fellow-soldiers and officers in Paci-

fic fighting were admitted as evidence of char-

acter. The charge that his former membership

in the German Communist party barred him

was nullified by the fact that it dated back more

than ten years, the limit in law for considering

it. Krebs has since repudiated Communism.

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Let Freedom Ring -

Religion In the Schools

The February 5 issue of the Christian Century

mentions an "action brought by the Civil Liber-

ties Union against a California School Board

which had permitted the singing of Christmas

carols in the class room." The Christian Century

is in error. Neither of the California branches of

the Union has filed such a suit.

Nevertheless, the Union is concerned with re-

ported denominational and sectarian religious

practices in the San Francisco schools, which are

forbidden by the State Constitution and, pur-

suant to its request, a survey of religious prac-

tices was conducted by the Superintendent. The

results of the survey are now being examined.

. San Francisco Proposal Dropped

It is noteworthy that in considering a Master

Plan For Youth in San Francisco, the biggest

controversy arose over a recommendation that

religion be taught in the first two years of

elementary school, "not in a sectarian sense but

as one of the great humanities." Opponents of

the proposal insisted that religion could not be

taught except from a sectarian point of view,

and the proposal was stricken from the Plan.

Free Speech for Atheists

After permitting atheist Robert Harold Scott

to broadcast his views on November 17, 1946,

Station KQW last month refused to allow further

broadcasts, on the ground that such broadcasts

are not in the public interest. The station has

refused to reveal exactly how many of the com-

ments on the trial broadcast were favorable, al-

though, at one time, it announced that 24% were

favorabie to freedom of speech for atheists.

Mr. Scott will now renew his petition to the

F.C.C. that the license of Station KQW, as well

as Stations KPO, KFRC and KGO, be revoked.

Last June the Commission held that atheists are

entitled to time on the radio. "Freedom of reli-

gious belief necessarily carries with it freedom

to disbelieve, and freedom of speech means free-

dom to express disbeliefs as well as belief."

The Censor Marches On

Sunshine and Health, official nudist magazine, .

has been banned in San Mateo county. It is re-

ported that John S. Cowgill, county probation

officer, objected to the February issue of the

magazine and induced the distributor to with-

draw the magazine from news stands, on the

threat of prosecution for contributing to the

delinquency of minors. At the same time, Mr.

Cowgill admits the magazine would be harmless,

if children received the proper sex education. In

his estimation, the magazine is bad merely be-

cause it contains the pictures of unclothed men,

women and children.

It would appear that Mr. Cowgill has establish-

ed himself as the Censor of San Mateo county.

This censorship is particularly insidious because

it is accomplished by intimidation. Rather than

face a jury tral, the distributor withdraws the

publication from the news stands. We wonder

what publication will be next on Censor Cow-

gill's forbidden list. The Union will undertake to

discourage Mr. Cowgill's overzealous activities.

Book Burning

The censorship game is also being played by

the Sons of the American Revolution, and, parti-

cularly, its counsel, Mr. Aaron A. Sargent. Mr.

Sargent, a favorite of the Hearst press, has ap-

peared repeatedly before the State Board of

Education to protest against the adoption of the

`Building America" series of textbooks for Cali-

fornia schools, on the ground that they contain

Communist propaganda. The books are sponsored

by the National Education Association.

Rebuffed by the State Board of Eduaction,

Mr. Sargent had no trouble inducing Senator

Jack B. Tenney to sponsor an amendment to a

deficiency appropriation bill for the State De-

partment of Education, providing that "no part

of this appropriation may be expended for the

purchase of any textbook or supplement thereto

which is in any way-a part of the `Building

America Series' or a duplication thereof whether

known by that name or any other name." The

_ Legislature adopted the amendment, but the De-

partment of Education will again seek an appro-

priation to publish the books.

Mr. Sargent is also noted as a staunch ad-

vocate of the 3 Rs, and from time to time he

seeks to purge the Palo Alto Public Library of

books of which he disapproves.

House Burning

While San Mateo county finds Messrs. Sargent

and Cowgill on the debit side of its ledger, we

HATCH ACT CURE

$ ON FREEDOM OF EXPRESSION FOR

FEDERAL EMPLOYEES UPHELD IN 4-3 DECISION

The Hatch Act, adopted seven years ago in an

effort to "prevent pernicious political activities"

was upheld by the U.S, Supreme Court last month

in two separate .cases, both decided by four to

three votes. Oklahoma, penalized by a $10,800

assessment against federal road fund grants be-

cause her Highway Commissioner was also state

Democratic chairman, raised the issue of `states'

rights." The other suit, brought by the CIO,

contended that a federal worker, dismissed be-

cause he was serving as a party official and

election watcher at the polls, had been deprived

of his constitutional right of free speech.

Section 9 of the Hatch Act provides that "No

officer or employee in the executive branch of the

Federal government .... shall take any active

part in political management or in political cam-

paigns." Three million federal employees are af-

fected by this provision of the law, as well as

tens of thousands of State employees who are

paid in part by federal funds.

Justice Reed, speaking for the majority, de-

clared, "It is only partisan political activity that

is interdicted. It is active participation in poli-

tical management and political campaigns. Ex-

pressions, public. or private, on public affairs,

personalities and matters of public interest, not

an objective of party action, are unrestricted by

law so long as the Government employee does

not direct his activities toward party success."

Justices Black, Douglas and Rutledge dissent-

ed. Justices Murphy and Jackson did not parti-

cipate in the case.

Justice Black took sharp issue with the ma-

jority. Said he, ".. . it is little consolation to

employees that the Act contradictorily says that

they may ` express their opinions on all political

subjects and candidates.' For this permission to

express their opinions, is, the (Civil Service)

Commission has rightly said, subject to the pro-

hibition that employees may not take any active

part i... political campaigns. The hopeless

contradiction between this privilege of an em-

ployee to talk and the prohibition against his

talking stands out in the Commission's further

warning to all employees that they can express

their opinions publicly, but Public expression of

opinion in such way as to constitute taking an

active part in political management or in _poli-

tical campaigns is accordingly prohibited. Thus,

whatever opinions employees may dare to ex-

press, even secretly, must be at their peril. They

cannot know what particular expressions may be

reported to the Commission and held by it to be

a sufficient political activity to cost them their

jobs. Their peril is all the greater because of an-

other warning by the Commission that `Em-

ployees are... accountable for political activity

by persons other than themselves, including

wives or husbands, if, in fact, the employees are

thus accomplishing by collusion and indirection

what they may not lawfully do directly and

openly.' Thus are the families of public em-

ployees `stripped of their freedom of political

action. The result is that the sum of political

privilege left to government and state employees,

and their families, to take part in political cam-

paigns seems to be this: They may vote in

silence; they may carefully and quietly express a

political view at their peril; and they may he-

come `spectators' (this is the Commission's word)

at campaign gatherings, though it may be highly

dangerous for them to `second a motion' or let

it be known that they agree or disagree with a

speaker.

"" -. . In a country whose people elect their

do want to credit the county for its aggressive

action in the case of John T. Walker, Negro war

veteran, whose almost finished home was burned

on December 6 by persons who objected to Negro

neighbors. Last month, John B. Arlotti and

Harry R. Harkins were reindicted and charged

with arson and conspiracy to commit arson.

Frank Lenahan and his daughter Madelyn, as

well as Joseph H. Johnson and Mrs. Arlotti were

recently charged with conspiracy to commit ar-

son.

Glendora C.O. Cases

As we go to press the often postponed Glen-

dora conscientious objector cases are scheduled

for trial in March. Behre and Atherton are

scheduled for trial on March 11, while the re-

maining 56 men are supposed to go to trial on

March 18.

Membership Grows oo

As of February 25, the paid-up membership of

the ACLU of Northern California stood at exactly

1106. The paid subscription list to the monthly

NEWS stands at about 1325.

leaders and decide great public issues, the voice

of none should be suppressed-at least such is

the assumption of the First Amendment, That

Amendment, unless I misunderstand its meaning,

includes: a command that the Government must,

in order to promote its own interest, leave the

people at liberty to speak their own thoughts

about government, advocate their own favored

government causes, and work for their own poli-

tical candidates and parties.

"The section of the Act here held valid reduces

the constitutionally protected liberty of several

million citizens to less than a shadow of its sub-

stance. It relegates millions of federal, state, and

municipal employees to the role of mere specta-

tors of events upon which hinge the safety and

welfare of all the people, including employees.

It removes a sizable proportion of our electorate

from full participation in affairs destined .to

mould the fortunes of the Nation. It makes

honest participation in essential political activi-

ties an offense punishable by proscription from

public employment. It endows, a governmental

board with the awesome power to censor the

thoughts, expressions, and activities of law- abid-

ing citizens in the field of free expression from

which no person should be barred by a, govern-

ment which boasts that it is a government of,

for, and by the people-all the people. Laudable

as its purpose may he, it seems to me to hack

at the roots of a Government by the people them-

selves; and consequently I cannot agree to sus-

tain its validity."

In a separate dissent, Justice Douglas sought

to apply the clear and present danger rule to the

situation.

"" ... The difficulty," said he, "lies in attempt-

ing to preserve our democratic way of life by

measures which deprive a large segment of the

population of all political rights except the right

to vote. Absent coercion, improper use of govern-

ment position or government funds, or neglect

or inefficiency in the performance of duty, fed-

eral employees have the same rights as other

citizens under the Constitution. They are not

second class citizens. If, in the exercise of their

rights, they find common political interests and

join with each other or other groups in what

they conceive to be their interests or the inter-

ests of the nation, they are simply doing what

any other group might do. In other situatio:

where the balance was between constitutional,

rights of individuals and a community interest

which sought to qualify those rights, we have,

insisted that the statute be `narrowly drawn to

define and punish specific conduct as constitut-.

ing a clear and present danger to a substantial

interest of government.' oe .

"That seems to me the proper course to follow

here .... The supposed evils are both different.

and narrower in case of industrial workers than

they are in the case of the administrative group.

The public interest in the political activity of a

machinist or elevator operator or charwoman is

a distinct and different problem."

If constitutional "rights are to be qualified by

the larger requirements of modern democratic

government, the restrictions should be narrowly

and selectively drawn to define and punish the

specific conduct which constitutes a clear and

present danger to the operations of government.

It sems plain to me that that evil has its roots in

the coercive activity of those in the hierarchy

who have the power to regiment the industrial

group or who undertake to do so. To sacrifice the

political rights of the industrial workers goes

far beyond any demonstrated or demonstrable

need. Those rights are too basic and fundamental |

in our democratic political society to be sacr-

ficed or qualified for anything short of a clear

and present danger to the civil service system.

No such showing has been made in the case of

these industrial workers, which justifies their

political sterilization as distingushed from sel-

ective measures aimed at the coercive practices

on which the spoils system feeds."

CAMPAIGN TO REPEAL ORIENTAL

EXCLUSION ACT STARTED

A campaign to remove all racial barriers to

naturalization and immigration was launched at

a recent meeting in New York City, headed by

representatives of the Japanese-American Citi-

zens' League, the ACLU and other agencies. The

campaign aims to remove the restrictions against

Japanese, Koreans, Indo-Chinese and others not

covered by recent Congressional action for the

Chinese, Filipinos and East Indians,

Ae

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

NEWS ABOUT THE PENDING |

JAPANESE TESTS SUITS

- Qwing' to the continued absence of Federal -

Judge A. F. St. Sure, the Nisei citizenship re-

nunciation test suitS on file in San Francisco

have been transferred to the court of Judge

Louis Goodman,

Also before Judge Goodman for determination

are certain Japanese deportation test suits in

treaty trader and hardship cases. Hearings in

the suits have been continued until May 19. In

the meantime, so-called private bills have been

introduced in Congress in over thirty cases

which would legalize the entry of the particular

persons. oS SS

Congressman George Miller of Alameda has

introduced H.R. 674 under which the Attorney

General would be empowered to suspend depor-

tation in all hardship cases. Congressman Walter

H. Judd has introduced a similar bill, H.R. 245.

Congressman Miller has also introduced H.R.

578, under which a ten-year statute of limitations

would be established for illegal entrants.

"The habeas corpus suits filed in New Jersey

and Texas in behalf of over thirty Japanese

held as dangerous enemy aliens, are scheduled

for a hearing the latter part of March. However,

the Texas suit may be dismissed if the Immi-

gration Service paroles the sick enemy aliens

at the' Crystal City Interment Camp and sends

the remaining three persons to the Seabrook

Farms in New Jersey.

U.S. Court Urged to Void

War-Time Army Removal

"Seeking `to void a military war-time order re-

moving from the Pacific Coast Homer Wilcox,

leader of the Mankind United religious sect, the

American Civil Liberties Union has submitted

a brief `to the Ninth Circuit Court of Appeals in

San' Francisco, signed by Arthur Garfield Hayes,

Osmond K: Fraenkel, Nanette Dembitz, Marion

P. Ames,' and Walter Gellhorn for the ACLU

national' office.

While upholding a lower's court's decision to

award damages of $100 to Wilcox, who was

forcibly `removed from the state by military

authorities. in 1942, the ACLU claims that the

removal order was unconstitutional. The brief

seeks a decision voiding the whole war-time pro-

cedure of military removals. .

. The lawyers contend: '

"1st." That Wilcox was not given a hearing by

the commanding general, who relied on FBI re-

ports which "included scraps of information from

all types of sources, without any attempt at a

check on reliability or at corroboration of their

iota a

2nd. That neither the order directing Wilcox

to leave nor the manner in which he was forcibly

ejected from the state was constitutional because

enforced by U.S. soldiers instead of the courts.

_ "Mankind United", the brief points out, "was

concerned with the Utopian goal of stopping

violence and warfare as a whole on the part of

all belligerents simultaneously. Interference with

American defense facilities would not have been

consistent with its goal... . It seems clear that

the, army used the exclusive procedure to sup-

press speech which it considered undesirable."

California "Mankind United"

Sedition Case Ended

After two years' delay the U.S. Circuit. Court

of Appeals. at San Francisco, on February 3,

reversed the conviction of Arthur L. Bell and

nine other associates in "Mankind United", a

California religious sect charged under the war-

time espionage act with anti-war speeches and

publications. The court avoided deciding the case

on its merits, reversing because women were

excluded from the grand jury. The decision

marked an end to the only remaining sedition

war case. The ACLU has supported the defense

from the start, filing briefs in the Appeals court.

Bell is pressing a damage suit against the FBI

for illegally entering his home and seizing his

private papers and publications of the religious

sect, :

FREE SPEECH WON IN L. A. PARKS

A recent decision in the Los Angeles Municipal

Court forbids interference in the public parks

with free speech by any American citizen. ACLU

- attorney Fred Okrand obtained an arrest of

judgment in the case of a speaker charged with

unlawfully making a religious talk in Pershing

Square. The Court held that the ordinance under

which police have been barring free speech in

the parks is unconstitutional.

. Introduced

The usual number of suppressive and pro-civil

liberties bills have been introduced in the current

session of the State Legislature. Most of the bills

may be classed either in the field of subversive

activities or race relations, if we except the anti-

labor bills which this summary will not undertake

to treat.

We do not guarantee that we have discovered

all of the bills affecting civil liberties, and we

want to point out.that the Union's Executive

_. Committee has not yet taken a position with re-

ference to any of those listed in the following

summary:

Heading the list of suppressive legislature is

S.C.R. No. 10, already adopted, which continues

the life of the Committee on Un-American Acti-

vities, and which appropriates $8000 for the Com-

mittee's work. Companion measures have been

introduced in the Assembly and Senate, A.B. 65

and 8.B. 97, providing for the dismissal of sub-

versive school teachers. A.B. 1751, would clarify

the law requiring subversive organizations to file

with the Secretary of State a statement concern-

ing any change in property holdings.

Senator Tenney, according to press dispatches,

has introduced a series of amendments to the

Education Code, including one limiting courses in

sex relations and related subjects to the final year

of high school, and then only if the course is given

by a licensed physician. Another bill, which we

have not yet seen, is said to ban sectarian, parti-

san and propaganda books or material from use

in public schools.

A host of bills have been introduced affecting

race relations. Assemblyman Augustus Hawkins

has again introduced a bill proposing a State

FEPC, A.B. 2211, and Sen. Jack B. Tenney has

introduced 8.B. 80, creating a committee which

would merely investigate race relations.

Two bills seek to ban race baiters from civic

centers, A.B. 190 and A.B. 2470, while A.B. 1375

would repeal a section of the Education Code per-

mitting establishment of separate schools for

children of American Indian, Chinese, Japanese

or Mongolian parentage.

Assemblyman Hawkins has introduced A.B.

1526 to punish "hatred conspiracies," which are

defined as agreements "for the purpose of direct-

ly or indirectly creating, advocating, spreading, or

lls Affecting Civil Liberties

in The State Legislature

disseminating hatred or fear of any person on

account of race, color or religion." S8.B. 900 would

prohibit race discrimination in the State Militia,

but would apparently not touch the practice of

segregating Negroes.

Two bills would affect hospital service for mem-

bers of minority races. A.B. 2243 would require

hospitals receiving tax exemption to admit pa-

tients at the request of a licensed physician. The

other bill, A.B. 1808, affecting hospital districts,

amends existing law by providing that "no rule,

regulation or by-law shall be made which discrim-

inates against any person account of race, creed

or color, which directly or indirectly, would deny

ahy person the free choice of any physician or

surgeon licensed and practicing..."

_We have not as yet seen a bill by Assemblymen

Sherwin and Carey, reported in the press, which

would require insurance companies to sell public

liability insurance to all persons regardless of

race or color.

Sen. O'Gara of San Francisco has introduced

8.6. 1210, to strengthen the law banning secret

. societies from public schools. These groups make

it a practice to refuse membership to students

because of their race, color or religion.

In the alien field, we have been able to find only |

one bill affecting civil liberties, S.B. 1453, appro-

priating $200,000 to enforce the provisions of the

Alien Land Law.

In the miscellaneous category are two bills, -

A.B. 1846, and 8.B. 523 which remove safeguards

from committment proceedings. A.B. 198%, in an

oppressive sort of way requires the registration of

sex offenders who have been convicted since 1921. _

A.B. 2307 treads on academic freedom and the

search for truth by prohibiting vivisection, while

A.B. 687 excuses Christian Scientists and others

with similar views from instruction in diseases

in public schools.

A.B. 1105, by Assemblymen Collins, Gaffney

and Berry of San Francisco, strikes at the arbi-

trary actions of the State Board of Medical Exam-

iners in conducting oral examinations of appli-

cants for licenses who have practiced more than |

ten years in other states. The proposal requires a

phonographic record of the oral examination to be

taken and placed in the file of the applicant.

ACLU BACKS INDIAN

VOTE IN NEW MEXICO

The denial by New Mexican authorities of the

right to vote by Indians on reservations because

they are not taxed is challenged in a suit in the

state courts brought by three Indians represent-

ed by Wm. J. Truswell of Albuquerque retained

by the American Civil Iiberties Union. The case

is a test of decisions by successive state attor-

ney generals and is based on the contention that

Indians in fact are taxed both by the federal

and state governments. Hearing will take place

on Feb. 26th on the Indians' application for

registration as voters.

Another move to give New Mexico Indians

the vote has been made in the state legislature

where a bill has been introduced to amend the

constitution to remove the tax provision. It is

supported by Secretary of the Interior Krug who

wired the governor that "legislation enfranchis-

ing Indians of New Mexico would be a long for-

ward step". He pointed out that federal law

made all Indians citizens in 1924 as a recognition

of their war services, and that only New Mexico

and Arizona now deny them the right to vote.

The ACLU has been endeavoring to arrange

a similar test case in Arizona, which denies the

vote to "persons under guardianship."

ACLU Posts $1000 Reward In

So. Carolina Lynching

A reward offer of $1000 for information lead-

ing to the conviction of any members of the mob

which lynched Willie Earle of Greenville, S.

Carolina, last month was sent Feb. 19 by Arthur

Garfield Hays, for the ACLU, to Governor J.

Strom Thurmond to be posted throughout the

state.

Mr. Hays wired: "As a national organization

with members in South Carolina devoted to the

defense of civil rights for all Americans, regard-

less of race, color or creed, we commend your

prompt action in enlisting state officials and your

condemnation of this shocking crime."

The ACLU offered a similar reward for in-

formation leading to the conviction of lynchers

of four Negroes in Monroe, Ga, last summer.

New Jersey Hitch-Hiker Case To Be

Appealed to State Supreme Court

The recent celebrated case of self-named

"Susan Bower", arrested for hitch-hiking in New

Jersey, may be a deciding factor in determining

the jurisdiction of the state's lower court. Judge

1. Demarest Delmar of the Quarter Sessions

Court held the case moot on Feb, 5 because the

girl, who refused to reveal her identity when

arrested for hitch-hiking last October, has dis-

appeared. Her attorney, James A. Major of

Hackensack, acting for the ACLU, is preparing

to take the case to the New Jersey State Su-

preme Court. He contends that the lower courts

set a dangerous precedent in exceeding their

authority by sentencing Miss Bower to six months

instead of the 15 days maximum for hitch-hiking.

Through the intervention of the ACLU the sen-

tence was later commuted to forty days, when it

became clear that, the girl's real offense wag her

anonymity.

First International Bill of Rights

Drafted By Human Rights Comm.

The first international bill of rights to be

drafted in accordance with directions laid down

by the U.N. Human Rights Commission at its

meetings last month, will be presented to the

Commission at its second session in June. The

draft will be prepared under the direction of

Mrs. Franklin D. Roosevelt, chairman, Dr, P. C.

Chang of China and Dr. Charles Malik of Le-

banon. Se

The American Civil Liberties Union, through

the Joint Committee of American Agencies for |

Human Rights, has: made several recommenda-

tions to the commission concerning international

freedom of communication,

Gov. Urged to Veto Censorship Bill

Governor Thomas Dewey was urged by the

ACLU to veto a bill now before him to enable

the New York State film censors to ban films

for objectionable advertising. Morris L. Ernst,

counsel, and Roger N. Baldwin, director,. told the

governor that the bill is "unreasonable and pro-

bably unconstitutional as penalizing a film not

for its content but for collateral matter." -

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 461 Market St., San Francisco, 5

Calif., by the American Civil Liberties Union

: of Northern California.

Phone: EXbrook 3255

ERNEST BESIC ...... e Editor

Entered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879.

Subscription Rates-One Dollar a Year.

Ten Cents per Copy.

ACLU SEEKS REVERSAL OF U. S.

NEWS POLICY IN GERMANY

Reversal of U.S. policy in the American zone of

Germany which bars all printed matter from the

Russian zone in reprisal for a Russian ban on

all outside printed matter, was urged by the

ACLU on Secretary of State George C. Marshall

and Secretary of War, Robert P. Patterson.

"While every effort should be made to induce

the Russian authorities to accept a free exchange

of publications,' the Union declared, "it is un-

likely to be advanced by adopting the very

measures we should seek to change. Nothing is

gained for ourselves or the German people's

training in democracy by copying dictatorial

practices", the communications pointed out.

Noting that the exchange of printed matter

has been reestablished between foreign countries

and the U.S. zones of Germany, Korea and

Austria, the Union declared that the `new policy

makes highly desirable an agreement between

all the occupying authorities for contact by

democratic peoples, through books, magazines

and newspapers, with all the peoples of the oc-

cupied countries."

151- =.

27th Annual Meeting of National

ACLU Held in New York Last Month

"The Critical lssues of Democratic Liberties"

was the theme. of the twenty-seventh annual

-. meeting of the ACLU held at the Henry Hudson

Hotel, New York City, on Washington's Birth-

day, Feb. 22. The meeting opened with a lun-

eheon, on "American Liberties and World Free-

dom." Speakers included Archibald MacLeish

U.S. representative to UNESCO, Judge Dorothy

Kenyon, U.S. representative on the United Na-

tions' Commission on Status of Women, Morris

L. Ernst, member of the President's Commission

on Civil Rights and general counsel of the ACLU,

Lloyd K. Garrison, former chairman of the War

Labor Board, and Quincy Howe, radio analyst.

Dr. John Haynes Holmes, chairman of the AC-

LU's Board of Directors, presided.

Four round table sessions followed the lun-

cheon, on "Campaigns for Race Equality," "Free-

dom of Press, Radio and Movies," "International

Issues, affecting U.S. colonies, occupied countries,

and Asiatic exclusion," and the "Public's Rights

in Industrial Conflict."

Union Backs Bill For Commission to

Study Discrimination Against Women

The ACLU, through its Committee on Women's

Rights, is joining with other organizations in

support of a bill introduced into Congress last

month, providing for appointment of a Presiden-

tial commission to: study discrimination based on

sex. The bill recommends legislation, both nation-

al and state, to combat discriminatory practices.

The cooperating organizations hold this to be

a better approach than the so-called "Equal

Rights" amendment, opposed by the ACLU and

the other agencies as jeopardizing protective

legislation for women. Chairman of the ACLU's

Committee is Judge Dorothy Kenyon, United

States representative on the United Nations'

Commission on the Status of Women,

SSL LL LE EA RTT NN OO

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif..

461 Market Street,

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

$A for the current year. (Types of mem-

bership: Associate Member, $3; Annual Mem-

ber, $5; Business and Professional Member,

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Traditional

(Continued from Page 1, Col. 3)

own private purposes. This, it is alleged, violates

the due process clause of the Fourteenth Amend-

ment. Second. The statute and the resolution

forced inhabitants to pay taxes to help support

and maintain schools which are dedicated to, and

which regularly teach, the Catholic Faith, This

is alleged to be a use of State power to support

church schools contrary to the prohibition of the

First Amendment which the Fourteenth Amend-

ment made applicable to the States.

Due Processs Argument Answered

First. The due process argument that the state

law taxes some people to help others carry out

their private purposes is framed in two phases.

The first phase is that a state cannot tax A to

reimburse B for the cost of transporting his

children to church schools. This is said to violate

the due process clause because the children are

sent to these church schools to satisfy the per-

sonal desires of their parents, rather than the

public's interest in the general education of all

children. This argument, if valid, would apply

equally to prohibit state payment for the trans-

portation of children to any non-public school,

whether operated by a church, or any other non-

government individual or group. But, the New

Jersey legislature has decided that a public pur-

pose will be served by using tax-raised funds

- to pay the bus fares of all school children, in-

cluding those who attend parochial schools. The

New Jersey Court of Errors and Appeals has

reached the same conclusion. The fact that a

state law, passed to satisfy a public need, coin-

cides with the personal desires of the individuals

most directly affected is certainly an inadequate

reason for us to say that a legislature has er-

roneously appraised the public need,

. ... Changing local conditions create new

local problems which may lead a state's people

and its local authorities to believe that laws

authorizing new types of public services are

necessary to promote the general well-being of

the people. The Fourteenth Amendment did not

strip the states of their power to meet problems

previously left for individual solution.

What Is a Public Purpose?

It is much too late to argue that legislation in-

tended to facilitate the opportunity of children

to get a secular education serves no public pur-

pose. The same thing is no less true of legislation

to reimburse needy parents, or all parents, for

payment of the fares of their children so that

they can ride in public buses to and from schools

rather than run the risk of traffic and other

hazards incident to walking or "hitch-hiking."

Nor does it follow that a law has a private

rather than a public purpose because it provides

that tax-raised funds will be paid to reimburse

individuals on account of money spent by them

in a way which furthers a public program, Sub-

sidies and loans to individuals such as farmers

and home owners, and to privately owned trans-

portation systems, as well as many other kinds

of businesses, have been commonplace practices

in our state and national history.

Insofar as the second phase of the due pro-

cess argument may differ from the first, it is by

suggesting that taxation for transportation of

children to church schools constitutes support

of a religion by the state. But if the law is in-

valid for this reason, it is because it violates the

First Amendment's prohibition against the

establishment of religion by law. This is the

exact question raised by appellant's second con-

tention, to consideration of which we now turn:

"Establishment of Religion"

Second. The New Jersey statute is challenged

as a "law respecting the establishment of reli-

gion.' The First Amendment, as made applicable

to the states by the Fourteenth, commands that

a state "shall make no law respecting an estab-

lishment of religion, or prohibiting the free

exercise thereof." (The Court then proceeds "to

review the background and environment of the

period in which that constitutional language

was fashioned and adopted.'')

The "establishment of religion" clause of the

First Amendment means at least this: Neither

a state nor the Federal Government can set up

a church, Neither can pass laws which aid one

religion, aid all religions, or prefer one religion

over another. Neither can force nor influence a

person to go to or remain away from church

against his will or force him to profess a belief

or disbelief in any religion. No person can be

punished for entertaining or professing religious

beliefs or disbeliefs, for church attendance or

non-attendance. No tax in any amount, large or

small, can be levied to support any religious acti-

vities or institutions, whatever they may be call-

al Concept of Separation of Church

And Siate Upset by High Court in B

us Case

ed, or whatever form they may adopt to teach

or practice religion. Neither a state nor the

HWederai Government can, openly or secretly,

participate in the affairs of any religious or-

ganizations or groups and vice versa. In the

words of Jefferson, the clause against establish-

ment of religion by law was intended to erect

"a wall of separation between Church and State."

Public Welfare Legislation

We must consider the New Jersey statute in

accordance with the foregoing limitations upon

state law imposed by the First Amendment. But

we must not strike that state statute down if it

is within the state's constitutional power even

though it approaches the verge of that power.

New Jersey cannot consistently with the "estab-

lishment of religion clause" of the First Amend-

ment contribute tax-raised funds to the support

of an institution which teaches the tenets and

faith of any church. On the other hand, other

language of the amendment commands that New

Jersey cannot hamper its citizens in the free

exercise of their own religion. Consequently, it

cannot exclude individual Catholics, Lutherans,

Mohammedans, Baptists, Jews, Methodists, Non-

believers, Presbyterians, or the members of any

other faith, because of their faith, or lack of it,

from receiving the benefits of public welfare

legislation. While we do not mean to intimate

that a state could not provide transportation

only to children attending public schools, we

must be careful in protecting the citizens of New

Jersey against state-established churches to be

sure that we do not inadvertently prohibit New

Jersey from extending its general state law

benefits to all citizens without regard to their

religious belief,

Measured by these standards, we cannot say

that the First Amendment prohibits New Jersey

from spending tax-raised funds to pay the bus

fares of parochial school pupils as a part of a

general program under which it pays the fares

of pupils attending public and other schools.

There is even..a possibility that some of the chil-

dren might not be sent to the church schools if the

parents were compelled to pay their childrens'

bus fares out of their own pockets when trans-

portation to a public school would have been -

paid for by `the State. The same possibility

exists where the state requires a local transit

company to provide reduced fares to school

children including those attending parochial

schools, or where a municipally owned transpor-

tation system undertakes to carry all school

children free of charge. Moreover, state-paid

policemen, detailed to protect children going to

and from church schools from the very real

hazards of traffic, would serve much the same

purpose and accomplish much the same result

as state provisions intended to guarantee free

transportation of a kind which the state deems

to be best for the school children's welfare. And

parents might refuse to risk their children to the

serious danger of traffic accidents going to

and from parochial schools, the ap-

proaches to which were not protected by police-

men. Similarly, parents might be reluctant to

permit their children to attend schools which the

state had cut off from such general government

services as ordinary police and fire protection,

connections for sewage disposal, public highways

and sidewalks. Cf course, cutting off church

schools from these services, so separate and so

indisputably marked off from the religious func-

tion, would make it far more difficult for the

schools to operate. But such is obviously not the

purpose of the First Amendment. That Amend-

ment requires the state to be a neutral in its

relations with groups of religious believers and

non-believers; it does not require the state to

be their adversary. State power is no more to

be used so as to handicap religions, than it is

to favor them.

This Court has said that parents may, in the

discharge of their duty under state compulsory

education laws, send their children to a religious

rather than a public school if the school meets

the secular educational requirements which the

state has power to impose. It appears that these

parochial schools meet New Jersey's require-

ments. The State contributes no money to the

schools. It does not support them. Its legislation,

as applied, does no more than provide a general

program to help parents get their children, re-

gardless of their religion, safely and expedi-

tiously to and from accredited schools,

The First Amendment has ereceted a wall

between church and state. That wall must be

kept high and impregnable, We could not approve

the slightest breach. New Jersey has not breach-

ed it here.