vol. 12, no. 6

American

Civil Liberties

~ Union-News

Free Press

Free Speech

1. Free Assemblage

Eternal vigilance is the price of liberty."

Vol. XII.

: St. Louis Committee

Attacks Race Covenants

Another attack on race restrictive covenants

was launched last month by the St. Louis Civil

Liberties Committee when it petitioned the U. S.

Supreme Court to review a decision of the Mis-

souri Supreme Court denying the right of a St.

Louis couple to occupy a house which they had

purchased because of a provision in the deed

which excluded Negroes.

In its brief the St. Louis Committee maintained

that while "restrictive covenants may on their

face appear to be merely private expressions of

intolerance, the problem becomes public when the

state is requested to enforce them to the injury

of a minority." The Committee's attorneys charge

that the Missouri Supreme Court ruling: violates

the Fourteenth Amendment to the Constitution.

Spokesmen for the Committee declared that

the Negro housing situation in St. Louis was

particularly bad. "In some nine room houses in

_ the Negro section, there are 8 or 9 families living

_ together, an entire family crammed into each

room." A-real estate man, testifying before the

Missouri Supreme Court, said: "The only way a

Negro can get a house in St. Louis is if another

Negro dies, leaves the city, or is evicted."

The Supreme Court was reminded in the dricf

that "The United States has also entered into

another solemn pact against racial discrimination

in the form of Articles 55 and 56 of the United

Nations Charter." State enforcement of race re-

strictive covenants, the Committee emphasized,

violates these international commitments.

The brief was signed by Luther Ely Smith,

Victor B. Harris, John R. Stockham and Eugene

H. Buder, attorneys for the St. Louis Civil Liber-

ties Committee.

Ask Release For Official

Expose Of Fascism In U.S.

Publication of "Fascism in Action," a govern-

ment prepared pamphlet whose release has been

blocked by the House Administration Sub-

Committee, was demanded by the ACLU May 13.

"After a war fought against the totalitarian

_ principles of fascism," the Union declared, "the

American people. are entitled to know how it

operates and what it means."

The document is a companion piece to "Com-

munism in Action," both prepared by the Library

of Congress. While the pamphlet on Communism

has been published, that on Fascism has been

held in the House Administration Sub-Committee

_ without action. The Union charged that "the

evident struggle to obtain publication of this

report while a similar document on Communism

has already been published may well arouse

suspicion that inquiries into anti-democratic

_ political activities are not being pursued evenly."

NEW JERSEY COURT SPLITS

; - ON SOUND TRUCK RULE

The New Jersey Court of Errors and Appeals

split 6 to 6 April 29, on a lower court's decision

denying Charles Kovac the right to speak from a

sound truck during a N. J. printing strike. The

`split decision automatically affirms the lower

-court's ruling. .

The Union's Newark counsel, Samuel L. Roth-

bard, had urged the Court to rule in Kovac's

favor on the ground that freedom of speech also

implied the right to be heard. "The exercise of

constitutional rights of free speech," Rothbard

__ declared, "is not confined to peroration of ancient

times,"

SAN FRANCISCO, JUNE, 1947

No. 6

Baldwin Waxes Enthusiastic Over MacArthur's

TOKYO, May 1-I reckon some of you to whom

I send this personal circular will be somewhat

depressed by the low state to which I have sunk

in the company of generals and brass, but I let

myself in for it.

When the arrangements for this trip were

made I proudly reserved independence of the

military so I could represent the Civil Liberties

Union, a couple of international agencies and the

Japanese Americans, throwing in what help I

could to the occupation on the side. General Mac-

Arthur had approved, but I landed in Yokohama

without any introduction in writing of my status

or where I would stay or under what conditions.

I figured on shifting for myself in some native

family, sleeping on the floor.

I was suddenly pulled out of such speculations

on the boat when I was called to the purser's

office to meet a major who said that General

MacArthur had sent him to get me off the boat

without going through ceremony and to take me

to Tokyo, twenty miles up the coast. A private

car was waiting, and I was hustled off on a

sunny, crisp spring morning with the cherry

blossoms out along roads teeming with people in

assorted costumes, in a jumble of old and new

shacks and burned-out areas. Arriving in Tokyo

EX-COMMUNIST KREBS CONTINUES

FIGHT FOR CITIZENSHIP PAPERS

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

Night," encountered another obstacle in his fight

to gain U. 8. citizenship when the Department

of Justice filed notice April 29 that it would

appeal the U. S. Circuit Court's decision. The

Court, in Hartford, Conn., ruled on January 24

that Krebs, better known as Jan Valtin, had not

misrepresented his former political activities. The

government had charged that Krebs had been a

loyal Communist within the last decade and was

therefore ineligible to citizenship. Arthur Garfield

Hays, ACLU counsel, represented Krebs in his

seventh court attempt.

Commenting on the government's continued

objections to Valtin's citizenship, Hays said:

"Krebs has not been a Communist during the

past 10 years. The striking thing about the pres-

ent law, which states that no member of a party

which advocates the forceful overthrow of a

Government can become a citizen of the United

States, is that it excludes Communists but does

not exclude members of the Nazi party, unless

they tried to overthrow Hitler's government."

Krebs served in a U. S. infantry division, saw

action in a number of campaigns against the

Japanese in the South Pacific, and was honorably

discharged.

Man Tried in Benicia Jail Cell Is

Released on Writ of Habeas Corpus

Crowded out of last month's NEWS was a

shocking story from Solano county. On April 5,

Superior Judge Joseph M. Raines granted a writ

of habeas corpus to H. Leslie Meeker of Benecia

who had been sentenced to jail for 180 days on

a charge of disturbing the peace.

Not only was the sentence 90 days beyond the

maximum permitted by law, but Benecia City

Judge Hartley Russell admitted that he had

"tried" Meeker in his jail cell in Benecia instead

of in his court room. City records failed to show

that Meeker had been arraigned, informed of his

rights or tried. The record showed only that

Meeker had been detained in the county jail

since January 2nd and that he had pleaded inno-

cent to the charge on that day.

Accomplishments in Democratizing Japan

I was deposited at the swankiest joint in the city,

the Imperial Hotel, given a large room with

mosaic bath, meals in a luxurious dining-room

served by a corps of pretty Japanese girls in

flowing purple kimonos, and told that the car

that brought me was mine, with GI chauffeur

day and night, for the duration. I noticed it had

painted on the wind-shield the cryptic letters

VIP", and learned to my consternation that they

meant "very important person" (no kidding). I

Squirm now every time I glance at them. But

they evidently meant it, for I was taken over to

headquarters, introduced around, given an office,

secretary and interpreter, with a military aide

thrown in if I wished. I didn't wish. :

To cap this all General MacArthur's office

called up and invited me to lunch with him and

Mrs. at the embassy the next day. He greeted me

with the word that he had been awaiting my

arrival, gave me the keys to the kingdom and

told me to report to him personally if I did not

get entire cooperation throughout his staff. You

can Imagine what I have since had, for the word

of God got around, I still wonder what all this is

about, or how I got invited in the first place JT

- euroan only conclude what `appears obvious-that __

promote civil liberties, and -

the general means to

figures I can help.

The general is a charming, wise, witty, most -

unmilitary man with a strong sense of mission,

a genuine democrat who sees his role in large

historic outlines, and with great confidence in

the Japanese. He entirely approved my aiding in

forming a civil rights agency, in promoting

United Nations cooperation and assisting the

10,000 Japanese Americans in Japan desirous of

returning to the U. S. He requested my observa-

tions on all civil liberties phases of the occupation.

He will get them, and they are plenty, but on the

whole so far favorable. Indeed Iam and have been

enthusiastic over what the occupation is accom-

plishing in reorganizing Japan on democratic

lines,-a terribly tough job against all the auto- .

cratic traditions and popular attitude of follow

the leader.

Since then my days have been crowded from

early morning till late at night with interviewers

and group meetings with American and J apanese,

generals and civilians, high and low, common and

uncommon people, barons, princes and Commun-

ists,-all to find out what effect this amazing

experiment in transplanting democracy is having,

where the soft spots are, and what organized

effort I can promote. I have started three associa-

tions,-civil rights, United Nations, and J. apanese

Americans. I have addressed the Toyko Rotary

Club, the Japan America Society and the Harvard

Club of Toyko; more coming, I have attended the

War Crimes trials, the Allied Council, the election

meetings in city and country, the emperor's

cherry blossom garden party (I'm fed up on

cherry blossoms) spent a week-end in a Japanese

home, with Japanese in the homes the Ameri-

cans haven't yet taken, and hob-nobbed with

every general in the outfit who has the remotest

connection with my interests.

All is sweetness and light, with such coopera-

tion and facilities as I never enjoyed; and appar-

ent agreement with what I stand for. Has the

army caught up with us, or am I slipping? As

they say to the GI's here, "You never had it so

good". /

I've learned so much about Japan that I could

write a book easily. Next week or two I'll have

So many reservations it would be a magazine

article, and in a month or two I might write a

letter to the editor with some tentative guesses.

So [ll quit before I lose my assurance. General

(Continued on Page 4, Col. 1)

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

TEXAS CASE CHALLENGES RACIAL

SEGREGATION BY GOV'T AGENCIES

`The theory and practice of "separate but equal

facilities' was vigorously challenged last month,

as Thurgood Marshall, special counsel for the

National Association for the Advancement of

Colored People, and former ACLU board member,

opened the case of Heman Marion Sweatt, Hous-

ton mail clerk, who seeks admission to the school

in definance of a "white only" ruling.

The case, heard before District Court Judge

Roy Archer in Austin, is the first direct legal

attack on the principle of segregation and

threatens the bias laws of 17 states. All previous

tests have been on the basis that "equal educa-

tional facilities" are not provided, The present

case charges that any separation law violates the

14th Amendment to the Constitution. "There

can be no separate equality," stated the NAACi

court brief.

Dr. Robert Redfield, head of the anthropology

department at the University of Chicago, testified

for Sweatt that there was no significant differ-

ence in intellectual ability of Negroes and whites,

and that segregation created an unfavorable

`suspicion and mistrust. Earl G, Harrison, Dean

of the U. of Penn. law school also testified in his

favor. The trial promises to be a long one and

will undoubtedly be appealed by the losing party

to the higher courts. The ACLU has assured the

NAACP that it will file a brief in support of

Sweatt if an appeal is taken by either side to

higher courts.

-

Berkeley's New Mayor Speaks Out

For Freedom of Expression

In welcoming Henry Wallace on behalf of the

City of Berkeley at the meeting held at the West

Gate of the University of California on May DAs

the new Mayor, Dr. Laurence L. Cross, made the

following eloquent statement in support of civil

liberties:

"My presence here today is not as a Democrat,

although I register as such; not as a liberal, al-

though that is by political philosophy ; and cer-

tainly not as a critic of the University. They

have their problems and, lucky for me, I do not _

have to add them to my already multitudinous

problems. I am here in an entirely different

capacity.

"The property on which we stand belongs to the

City of Berkeley. The permit for this meeting

was issued by the Berkeley Police Department.

_ Therefore, I come as Mayor of the City to remind

all Berkeleyans of some things that I fear we are

prone to forget.

"The first is that one of the foundation stones

of our great and beloved country is freedom of

speech. For that our forefathers gave their blood,

their sweat, their tears. They fought, they bled,

they died for it. They were persecuted, they were

burned at the stake, they were sawn asunder. For

it one great person cried: `I do not agree with

a word you say but I will defend with my life your

right to say it!' e

' "Tf we Jose it we shall be like dumb, driven

cattle. If we lose it, the tears of our forefathers

will fall again as they look down from the great

cloud of witnesses of those who have gone on

before. :

"Another thing that I would remind Berkeleyans

of, is that as an aftermath of.every war we lose

another foundation stone upon which our great

country is founded-tolerance of opinion. Normal-

ly, we live and let live, but after a great war, we

are too tired to think and too bruised and broken

to care. We call each other nasty names. Ortho-

doxy becomes my doxy and heterdoxy your doxy;

Americanism is our ism, and some other unpleas-

ant ism is yours. :

"Again, our forefathers would send their tears

like rain that we should be so unwise and so

unkind,

"So, to our distinguished guest, I give not the

keys to the city as Mayors in times past have

done. Who am I to offer the freedom of our city

to one who has been second in command of all

the cities and communities of our whole United

States.

"But I would give him and to ourselves the

master key to the future, to democracy, to pros-

perity and to peace. That key is freedom to utter

and freedom to differ.

"And you will find engraved upon that key the

words: `We agree to differ but resolve to love.'"

SLAVE CASE TRIAL JUNE 23

Alfred Wesley Ingalls and his wife Elizabeth

are scheduled to go to trial in the federal court in

Los Angeles on June 23 in the Dora L. Jones slave

case.

Plea Sent To Congressmen To Help In Restoring

Forgotten Peruvian Japanese To Their Homes

A plea to end the internment, restore to their

`homes in Peru and compensate for the loss of

their liberty, 300 Peruvian Japanese who have

been detained in the U. S. since 1943 and 1944,

was sent last month to each member of the

U. S. Congress from Wayne Collins, attorney for

the American Civil Liberties Union of Northern

California. Replies have already been received

from Congressman Havenner and many others.

promising to take up the problem with the State

Department.

A short time ago, Mr. Collins sent pleas to the

President of Peru, cabinet members, and members

of the Senate and Chamber of Deputies, urging

that these unfortunate people be allowed to re-

turn to Peru. Pedro E. Muniz, President of the

Chamber of Deputies, has given Mr. Collins as-

surances that the matter of repatriating the

Peruvian Japanese will be considered when the,

Chamber convenes in July.

"A large number of these interned persons,"

says the letter, "were native born citizens of

Peru, a number were naturalized citizens of Peru

and the remainder were Japanese expatriates

who lawfully had entered and had become domi-

ciled in Peru. Many of them are married to na-

tive born Peruvians of Spanish ancestry and

many to naturalized Peruvian citizens. The ma-

jority of their children are Peruvian citizens and

the remainder are American citizens born on

American soil in a concentration camp where

their parents had been interned. A number of

" their children then had served or were serving

with honor in the Peruvian military forces."

Jast fall.

They were brought to the U. S. from Peru ~

against their will by U. S. military police and in-

terned as enemy aliens, put the Justice Depart-

ment about a year ago decided they were not

dangerous to hemispheric security and released

them from such charges. Nevertheless, the Im-

migration Service at once undertook to deport

them to Japan as illegal entrants into the United

States, even though they were brought here

against their will.

Deportation proceedings were halted by test

suits filed in the federal court ir San Francisco,

but the litigation has been held in abeyance, at

the request of the Justice Department, "in order

that the Peruvian Government and ours might

arrange for their repatriation to Peru."

Thereafter, a number of the Japanese were re-

turned to Peru with the consent of the Peruvian

government, but none have been returned since

The letter contends that the State

Department has not done enough to persuade the

Peruvian government to accept the Peruvian

Japanese, and it urges the Congressmen to exert

their influences to secure proper action from our

government. .

At the present time some 90 of these Peruvian

Japanese are detained by immigration authorities

in an internment camp at Crystal City, Texas,

while 178 others are detained under "relaxed

internment" at Bridgeton, N, J., where the heads

of their families are gainfully employed at low

wage rates by Seabrook Farms, Inc. Approxi-

mately 26 others have been paroled to the custody

of friends in the U. S. and 3 are confined in gov-

ernment hospitals.

Union Seeks New Talks With

Clark On Loyalty Order |

Continued pressure to curb the Attorney Gen-

eral's unlimited power to designate and blacklist |

"subversive" organizations was exerted by the

ACLU last month. Calling upon Tom C. Clark to

confer again with its representatives, the Union

condemned the power delegated to the Attorney

General by the Loyalty Order as "so unusual a

departure from our traditional concept of civil

liberties that we are deeply concerned with the

many questions which it raises."

John Haynes Holmes, chairman of the Board,

pointed out that nowhere has there been given a

precise definition of "the extremely variable and

loose terms `totalitarian,' `fascist,' and `subver-

sive'." The Union also asked that the list of black-

listed organizations be made public and that such

organizations be allowed to defend themselves.

The Union addressed a letter to J. Edgar

Hoover, F. B. I. chief, last month, declaring that

his recent statements before Congressional com-

mittees on so-called `"fellow-travelers" might give

the impression that he was attacking general

liberal movements.

"We-are given to understand," the Union said,

"that the function of the Federal Bureau of In-

vestigation is merely to report the facts. It occurs

to us that your recent statements will give the

impression that the policy of the Bureau has now

changed." -

U.S. Supreme Court Minority

Scores Search Approval

Four Supreme Court justices castigated a

majority decision last month upholding the legal-

ity of search and seizure of a person's home where

only an arrest warrant was issued.

Supporting the dissents of Justices Rutledge,

Frankfurther, Jackson and Murphy the Union

declared: `Constitutional guarantees against un-

reasonable search and seizure have been consider-

ably weakened. A mere warrant for arrest now

gives local and federal police the right to ransack

a man's home." The Union pointed out that "In

these times of growing political pressures, such

power in the hands of officials opens the door to

multiple abuses."

The case started when federal officers arrested

George Harris in Oklahoma for mail fraud. While

their search for two cancelled checks in his home

was fruitless, draft cards, certificates and altered

notices of draft classification were uncovered.

In his dissent, Justice Frankfurter stated: ``T'o

find authority for ransacking a home merely

from authority for the arrest of a person is to

give a novel and ominous rendering to a moment-

ous chapter in the history of Anglo-American

freedom. An Englishman's home is his castle."

Justice Murphy declared that the decision made

the Fourth Amendment a ``dead letter."

ACLU Outlines Program For

Civil Rights Committee

Osmond K. Fraenkel, counsel for the ACLU

outlined to the President's Committee on- Civil

Rights, in Washington, D. C., May 15, `"`an overall

program to strengthen present laws extending

civil rights and point the way to much needed

new legislation to promote democracy at home |

- and in American possessions abroad." oS

Mr. Fraenkel charged that "conventional

methods of law enforcement have proved ineffec- -

tive in the field of civil rights.' He declared that

"Improvement must come from general commun-

ity action, implemented by Congress and: sup-

ported by the Supreme Court. There is no present

excuse for Congress to refuse to exereige its con-

stitutional powers to the full. There is every rea-

sonable hope that the Supreme Court, repudiating

some ancient doctrines, will considerably extend

Congressional power. All decent elements in every

community should, therefore, cooperate in accom-

plishing these results and in seeing to it that the

laws are vigorously enforced. Only in that way

can the blots of. lynching and other denials of

civil rights be obliterated."'

Mr. Fraenkel proposed as "measures which

would go far to remove racial discrimination in -

law and strengthen political democracy at home

the following: establishment of a federal fair

employment practices committee; abolition of the

poll tax as a condition of voting in federal elec-

tions; repeal of the remaining provisions of the

Oriental Exclusion Act denying citizenship solely

because of race; and federal jurisdiction over

lynching where the states fail to act."

The ACLU, Mr. Fraenkel stated, also held as

"important to the domestic expansion of our

liberties: protection of the rights of rank-and-file

trade union members against unfair expulsion or

denial of membership; and elimination of coercion

and force from picketing. The breaking up of

monopolistic combinations in the fields of press

radio and motion pictures is necessary if the

public's rights to read, see and hear freely are to

be protected."

The Commission was warned that the Presi-

dent's Executive Order dealing with loyalty in

government employment ``presaged a witch-hunt

unless administrative safeguards were written

into it."" Chief among these were the creation of

hearing panels of judicially minded citizens of

national prominence to advise the Attorney

General which organizations should be black- -

listed. More precise definition of standards of

disloyalty were also sought by the Union.

CONTRIBUTION RECEIVED IN

MEMORY OF MARY E. BULKLEY

During the past month, the Civil Liberties

Union of Northern California received a contribu-

tion from a Berkeley member in memory of Mary

E. Bulkley of Carmel, who died last month,

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Two L. A. Decisions Uphold

Freedom of Expression

The Appellate Department of the Superior

Court in Los Angeles recently handed down two

decisions upholding freedom of expression. In

one case an ordinance regulating speaking in

public parks was held to be unconstitutional,

while, in the other case, an ordinance regulating

parades was likewise held tobe invalid. :

James E. Strom was arrested and charged with

speaking in Pershing square without a permit.

He was defended by the A.C.L.U. and at the

hearing Judge Leo Aggeler declared the law to

be unconstitutional. Thereupon, the City Attor-

ney's office took an appeal. On May 8, in an

unanimous decision, the Appellate Department of

the Superior Court upheld Judge Aggeler's

decision. :

; The ordinance not only required a written per-

mit in order to speak in public parks, but limited

meetings to public celebrations "of a patriotic,

municipal or memorial character." `No permit,"

the law went on to say, "`shall be granted for the

purpose of discussing, expounding, advocating or

opposing the principles or creed of any political

party, partisan body or organization or religious

demonstration or sect, or the doctrines of any

economic or social system.' While the City At-

torney conceded that the last sentence of the

quoted law was invalid, he nevertheless contended

that the rest of the ordinance was valid. But the

court declared that "legislation whose provisions

permit such unrestricted suppression of public dis-

cussion in public places is void on its face. _

In the second case, People v. Duffy, decided

April 18, 26 members of the Conference of Studio

Union Strikers were charged with violating the

Los Angeles ordinance regulating parades. Per-

mits are required, and, among other things, the

applicant is required to state "The purpose of

such parade or procession."

In a two to one decision, the court declared that

"To be valid the ordinance may not leave it within

the power of any administrative board to issue

or withhold a permit, dependent upon the board's

approval or disapproval of the purpose of those |

who. seek it." Consequently, the ordinance was

held to be unconstitutional.

Union Challenges N.Y. Vice

Society's Book Raid

Declaring it would "fight militant puritanism

with militant common sense," the American Civil

Liberties Union last month issued a statement

condemning the confiscation of Vincent McHugh's

"The Blue Hen's Chickens,"' by the N. Y. Society

for the Suppression of Vice. The Union also an-

nounced that it had offered its legal services

recently to Bennett Cerf, head of Random House,

publishers of the book. The offer was immediately

accepted by Horace Manges, attorney for the

publishers. :

AN. Y. City Magistrate's Court will determine

May 14th whether the book's theme, a free trans-

lation of a classical poem by Catullus, violates the

obscenity statute. :

_ "Mr. Sumner's raids are reminiscent of those

made by his predecessor, Anthony Comstock, be-

fore the turn of the century," the Union declared.

"Tt is evident that he is trying to turn the clock

back to the prudery of the Victorian era."'

In another censorship case, involving Edmund

Wilson's `"Memoirs of Hecate County" five judges

of the Appellate Division of the Court of Appeals

in New York reserved decision on April 30. A

lower court had found the book guilty of

obscenity. The Union was refused permission to

file a brief in defense of the book by presiding

Judge Francis Martin of the five man court.

Whitney N. Seymour defended the book for

Doubleday and Company.

2 e 6

ACLU Opposes Biased Radio

"Radio should not have an editorial policy in

controversial areas,' declared James L. Fly,

member of the Union's Board and former chair-

man of the Federal Communications Commission,

addressing the Columbus, Ohio, Radio Institute

May 5. :

Expressing the Union's policy, Fly said. "It is

clear that, with the limitations in frequencies

inherent in the nature of radio, the public interest

can never be served by a dedication of any broad-

caster's facility to the support of his own partisan

ends." But the avoidance of partisanship, he em-

phasized, must not prevent broadcasters from

"assuming non-controversial civic responsibilities

of sizable importance. Radio will not be `editoral-

izing' or violating the law if it takes on added

social responsibilities, lends its wholehearted sup-

port to the civic and educational problems that

beset almost every community."

Union Supports Right of Chamber of Commerce

To Demand Ouster of S.F. Traffic Judge

`The contempt ruling against 20 members of the

Street and Highway Committee of the Chamber

of Commerce of San Francisco for demanding the

ouster of Traffic Judge Twain Michelsen was

condemned last month as an "abuse of the right

of citizens to comment upon the failure of law

enforcement," in a brief filed in the First District

Court of Appeal by the American Civil Liberties

Union appearing as friend of the court.

_ The case arose on February 23, 1946, when

the Committee published a resolution in the

press, the following paragraphs of which Judge

Michelsen adjudged to be in contempt of court:

"WHEREAS, the Judge of the Traffic Court

presently residing, has, for no reason, or for

various reasons, condemned and criticized the

regulations properly imposed, and has excused

violations of the regulations, and

"WHEREAS, the Judge of the Traffic Court

has by his public utterances and conduct,

brought disrespect, confusion, non-enforcement,

violation, a worsened parking and traffic sit-

uation, and

"WHEREAS, the Judge of the Traffic Court

has by his actions, lessened the dignity and

efficiency of his office as Judge, and has im-

paired or nullified the ability of the officers

of the law charged with the enforcement of

traffic and parking regulations to carry out

their duty, and all to the detriment of the city

and its people,

"THEREFORE, BE IT RESOLVED, that this

Committee requests of the proper authorities

that the present Judge of the Traffic Court,

Twain Michelsen, be immediately removed from

his office as unsuited to the duties required of

him, and that he be replaced by a Judge who

will carry out the laws and regulations as they

are properly established without discrimination

favor or personal bias."

Judge Michelsen promptly ordered the 38 mem-

bers of the Chamber's Committee to show cause

why they should not be held in contempt, and 20

of them were finally adjudged to be in contempt

of court and sentenced to pay fines of $25 or

serve 121% days in jail.

On October 7, 1946, the convictions were up-

held by Superior Judge Edward P. Murphy, and

the matter is now before the District Court of

Appeal for review.

Judge Murphy, in upholding the contempt rul-

ings, had argued that, "The decisive considera-

tion is whether the Judge is or will presently be

pondering a decision that comment seeks to effect

.. . From the evidence herein it is obvious that

there were literally hundreds of traffic tags upon

Mary E. Bulkley, The Grand

Lady of Carmel, Dies _

That grand, inspiring and extraordinary lady

of Carmel, Mary E. Bulkley, loyal defender of

civil liberties and a member of the Union's local

group since its inception in 1934, died in Carmel

on May 2nd at the age of 90.

Miss Bulkley was born in New York but lived

in St. Louis and Carmel for many years. In the

East, she operated a fine bookbinding shop, while

on the Pacific Coast she engaged in the jewelry

business.

Miss Bulkley was a leader in the women's suf-

frage movement, a mystic and a poet. She was

deeply concerned with political, economic and

social problems, and, at one time, headed a Doug-

las Social Credit study group in Carmel. One

friend tells us that some twenty years ago she

remembers "M.E." leading a civil liberties parade

in Carmel.

In September, 1931, the Grabhorn Press pub-

lished a group of 12 sonnets by Miss Bulkley en-

titled, "Speaking at Seventy."

The Bulkley residence in Carmel was a kind of

shrine. Here friends from near and far gathered

to pay homage to this unusually wise philosopher

with a brilliant and incisive mind and wit.

It was in St. Louis that she formed a close and

lasting friendship with Roger Baldwin, who later

became national director of the A.C.L.U., and

aided him in his work among juveniles. She had

many more close friends who were particularly

interested in the work of the Civil Liberties Union.

Her only surviving relatives are a couple of nieces

residing in the Middle West.

the Judge's calendar which were at that time

undetermined."

The Union's brief, prepared by Emanuel Red-

field of the New York bar, takes issue with

Judge Murphy and insists that "there was no

particular case pending to which the resolution

was directed. The resolution speaks of the judge's

failure to enforce traffic regulations in general.

True, there might be many traffic cases pending

at the time or in the future. But can it be said

that a substantial wrong has. been done because

citizens have expressed dissatisfaction with the

failure of law enforcement? If that were true

then every utterance against deficient law en-

forcement is a contempt. Yet in our democracy

we do not regard the criticism of judicial failures

aS an imminent danger to judicial administra-

tion. The fact that our judicial system stands and __

functions despite the perennial criticism of our

courts and judges is proof enough that there is

little danger, if any, of the impairment of our

judiciary through such means." "Were the con-

clusion of the Superior Court valid then there can

never be criticism of a sitting judge, because it

could always be said that the judge has cases on

his docket and criticism of him would lessen his

influence."

_ But even though "an action is pending, if the

judge is criticized for his manner of handling

it," says the brief, "there is no contempt. This

is so even if the criticism is unwarranted and

distorted.

"In the instant case there was no action pend-

ing. The criticism is general-and is directed to

the judge personally upon his failure to enforce

the traffic laws." :

The brief asserts that the resolution in ques-

tion presented "no clear and imminent danger to

the administration of justice in San Francisco

county or in the presiding judge's own court. At

best, there was a personal pique affecting the

judge in his individual capacity."

On May 19, the U. S. Supreme Court, in a 6G.

to 3 decision, set aside the contempt convictions

of three Corpus Christi, Texas, newspapermen,

who had been sentenced to jail for three days for

criticizing the way a Judge handled a case in-

volving an ex-serviceman, The newspaper charged

the veteran was getting "a raw deal" from the

judge, criticized his lack of legal training, and

complained about Texas laws which permit a

"layman" to preside over a County Court. Speak-

ing for the majority, Justice Douglas declared,

"The law of contempt is not made for the pro-

tection of Judges who may be sensitive to the

winds of public opinion. Judges are supposed to

be men of fortitude, able to thrive in a hardy

climate."'

Oppose Bill Exempting Press

Assoc's From Anti-Trust Laws

Thurman Arnold, appearing before the House

Judiciary Sub-Committee on May 5, expressed

the ACLU's opposition to the Mason Bill (HLR.

110) to exempt press associations from the anti-

trust laws. Mr. Arnold, speaking as a member of

the Union's National Committee, condemned the

measure as a threat to the "independent competi-

tive press in America." ;

Arnold declared: "In a time when we des-

perately need more independent newspapers, a

Congressional grant of power to prevent new

newspapers from entering the field with any

prospect of success would be a social tragedy."

The claim that press associations must be

exempted from anti-trust laws if they are to

escape government control was dismissed by

Arnold who maintained that "the newspapers

here are not regulated. They have not the slight-

est excuse to seek this class legislation which in

effect endows them with the powers of private

government."

The proposed Mason Bill strikes at the con-

stitutional liberty of the press, Arnold told the

Committee. "It would create," he concluded, "a

power capable of erecting a Chinese wall around

those already established in the industry."

Dismissal of Redwood Arson Case

Following the acquittal of John Arlotti and

Henry Harkins on arson charges arising out of

the burning of the home of John T, Walker, N egro

Navy veteran, near Redwood City last December

6, `the prosecution last month dismissed con-

Spiracy charges against the same two and four

others for lack of evidence.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 461 Market St., San Francisco, 9

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 3255

ERNEST BBSICG ....... 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.

ROGER BALDWIN REPORTS

ON HIS TRIP TO JAPAN

(Continued from Page 1, Gol. 3)

ears,

151 -

Hodge has now invited me to Korea and I shall

favor him for a couple of weeks. I could stick

around here indefinitely and put in some good

licks with continuing excitement over this un-

precedented drama.

It's all pretty much home here for Americans.

The U. S. has been literally transplanted,-

imported American food, quarters in the style to

which you are accustomed at home, an all-day

US radio, two daily papers in English, "Time"

and "Newsweek" in local editions, two American

movie houses running all day, free bus lines, a

department store, special occupation money and

cheap prices, a separate dial telephone system

and directory, office buildings as well as any at

home-marble, granite, brass, with uniformed (c)

snappy elevator boys-a U. S. post-office, a bank,

special cars on the railroads, streets signs 1n

English. Most of the GI's will go back never

knowing they left home. The American and

Japanese worlds are completely separated. Oh,

yes, there are girls and jinrickshas and curio

shops,-but all Japanese hotels, dance-halls, the-

aters etc. are off limits. (not to me; no rules

apply.) ook G

Tokyo is a medley. It is like Washington, D. C.,

Jersey City and shanty-town thrown together.

The business district was not burned in the in-

cendiary raids that destroyed most of the wooden

dwellings and killed over 130,000 persons. At

stands solid, with broad avenues, fine modern

- puildings and parks. The residence districts were.

burned out over large areas, and are being rebuilt

with wooden shacks; the more solid houses

escaped together with the outlying districts. The

people look healthy and energetic, the children

with rosy cheeks; but the food shortage 1s acute,

inflation rife and unemployment high. The streets

show a mixture of old and new,-ox-carts and

limousines, street-cars, buses and rickshas, with

costumes from kimonos and wooden sandals to

cut-aways and striped trousers and bobby-sox.

That's Japan; the old feudal customs alongside

- the most modern, democratic purposes struggling

against inherited hierarchy. `"Anarchic," said one

- Japanese leader. "Changing," said I. "It comes

to the same," said he.

Most of the Japanese like the occupation and

want us to stay a while. We'd get a 759% vote not

to quit if a poll were taken, because we have

started a job of transformation which we should

finish. They act as if they were a liberated not a

conquered land, and as if we were their guests

not their masters. And on our side we accept the

role. Social life blooms with a host of parties,

events, dinners, banquets between Japanese and

Americans in the higher echelons (I've just ac-

quired that word). Yes, I've had my inevitable

geishe party, as the guest of the editors of a

leading daily,-a most circumspect affair, stylized

into behavior of artistic dignity,-but very cozy.

_ This is just the first few weeks after my arrival

April 12th. My impression may change somewhat

after another two weeks, but they check pretty

well with those of newspapermen and old Japan

hands! I have been out in the villages and among

the farmers here I find the new impulses reach

far more slowly. I shall go to southern Japan for

some conferences, but not to the northern island.

For my purposes Tokyo is Japan. :

General Hodge will claim me next in Korea,

but I can hardly hope to repeat the unqualified

welcome and facilities here. Nor can I contem-

plate the occupation of a divided "liberated"

country with the enthusiasm I feel here. I've

asked the Soviet authorities for permission to

visit their half, but I do not expect to get it,-not

if they look me up. :

Vl send out another circular just to keep you

informed of my further corruption by the mili-

tary, which should be completed in Korea.

As we say around here (and it's about all the

Japanese we can say) sayonara.-

Roger Baldwin

Attorney General Fred Howser Undertakes To

Suppress Nudist Magazine, "Sunshine and Health"

California's Attorney General, Fred N. Howser,

last month, in a circular letter to all District

Attorneys, commended the action of San Mateo

county officials in banning the display and sale

of "Sunshine and Health," official nudist magazine,

and urged them to take similar action.

Howser claimed the publication "substantially

violates" the section of the Penal Code relating

to lewdness, and quoted a sentence from a letter

addressed to him by John S. Cowgill, Probation

Officer of San Mateo County, which stated,

"Adults can take this sort of literature, but our

high school students simply cannot." .

Exactly what is contained in the magazine that

is lewd is not indicated precisely but attention is

called to the fact that `Both male and female

' persons are exhibited in the magazine entirely

a"

nude." Of course, there is nothing vicious about

any of these pictures.

The Attorney General also makes the categori-

cal statement that "Photographic reproductions

in the magazine can be definitely calculated to

have harmful effect upon adolescents."

Mr. Howser should have been aware that only

within the past couple of months juries in Log

Angeles and Philadelphia have acquitted distrib-

utors of "Sunshine and Health" on charges of sell-

ing lewd magazines. Of course, there can be no

objection to a law enforcement officer making ar

arrest if he honestly believes that the law is be-

ing violated, but that is not the sort of thing Mr.

Howser advocates. Instead, he urges District

Attorneys to take similar action to that taken in

San Mateo county. ;

Now, in San Mateo county, no arrests were

made, but police merely coerced the distributor

to withhold the magazine from circulation. That

is censoring in one of its worst forms. It may

not be Mr. Howser's intention to "encourage cen-

sorship,"' but that is exactly what he is doing.

The declaration of an open season on California

nudists has an interesting background. It may

be recalled that a few years ago, a raid was con-

ducted by OPA agents on "SUN-O-MA," the

nudist camp in Sonoma county, in which news-

paper reporters all the way from San Francisco

were conveniently present. Shortly thereafter,

Sonoma county adopted an ordinance banning

nudist camps. Los Angeles county likewise

banned nudist camps and the validity of that or-

dinance was upheld by the Appellate Department

of the Superior Court on May 7. At the request

of Frank Bartholomew, Vice President of the

United Press Association and general manager of

its West Coast Division, in a letter to Supervisor

Roger Jessup, Los Angeles county sponsored a

proposal at the 1945 session of the State Legis-

lature to establish a State law against nudism,

but the measure was roundly defeated in com-

mittee.

One neighbor of the raided "SUN-O-MA" camp

was none other than Frank H. Bartholomew, who

agitated for a State law against nudism, and over |

whose newly acquired property the camp enjoyed

a right of way. Shortly after all the foregoing

furor about nudists, which, incidentally, had failed

to dislodge the "SUN-O-MA" camp, Mr. Bartholo-

mew filed a suit to close the right of way to the

camp. After considerable delay, the case was tried

and a judgment handed down under which the

road could be used for ordinary purposes but not

for access to a nudist camp. The owners of the

camp, at considerable expense, have taken an

appeal to the Third District Court of Appeal.

At the time of the OPA raid on "SUN-O-MA,"

the A.C.L.U. protested that the raid had obvious-

ly been arranged for the benefit of the press.

When the voice of John S. Cowgill, Probation

Officer of San Mateo county, was recently heard _

demanding the suppression of the magazine "Sun-

shine and Health," the Union sent him a protest

and received a response which states, in part,

"I understand that your organization has de-

fended this magazine and its backers all over the

country. I have a very thick file on this organ-

ization. I understand also that at one time they

were a Bund outfit; that the organization has

existed in several counties in the State and has

been banned by the Navy as a place of venereal

disease; and that several suicides have taken

place in camps operated by this organization

backing this particular magazine."

Mr. Cowgill did not reveal the source of his -

information, but the Union did know it was not

correct, and so informed him. Recently, at the

Union's suggestion, a nudist visited Mr. Cowgill

to discuss his attitude toward the group and he

was informed that the information had come

largely from Frank H. Bartholomew of the

United Press, who has been trying unsuccessfully

for the past few years to close the right of way

over his property to the nudists operating the

"SUN-O-MA"' camp. :

_ The Civil Liberties Union defends the right of

nudists to carry on their propaganda in speech

and print. It has always defended nudist publi-

cations against the charge of obscenity. The move-

ment is to be taken seriously as a health propa-

ganda.

The Union has also always defended the prac-

tice of nudism in private places out of sight of

the public.

Close Vote Provides Fund for

Enforcement of Alien Land Law

Reversing the 13 to 3 vote of the Assembly

Ways and Means Committee eliminating the

$65,000 item for the enforcement of California's

Alien Land Law, the Assembly last month re-

turned the item to the budget by the close vote

of 37 to 34: The action was taken on the motion

of Assemblyman A. W. Robertson of Santa

Barbara.

The motion to reconsider was at first defeated

32 to 36, but Assemblymen Vernon Kilpatrick,

Gordon R. Hahn and Allen G. Thurman switched

their votes and finally voted in favor of the

appropriation.

Assemblyman Robertson argued that the De-

partment of Justice has on its files at least 25

escheat cases which will bring the state an esti-

mated "quarter to half million dollars, when com-

pleted," and that the appropriation was needed

to complete the cases on hand.

Assemblyman George D. Collins, Jr., of San

Francisco, replied that "All this talk of making

money for the State is hideous profit." He as-

serted that the ones who would ultimately suffer

would be "American citizens, many of whom are

war veterans." 2

Most surprising opponent of the appropriation

was Assemblyman Chester Gannon of Sacra-

mento, that great patrioteer, who is generally

the opponent of everything not 100% American.

He parted company with Assemblyman Lloyd

Lowrey who was responsible for the insertion of

the $65,000 in the budget bill, and stated he be-

lieved the Alien Land Law should be reconsidered.

He pointed out that the law was adopted before

most of the Nisei, many of whom served in the

American forces were born, and that infrac-

tions of the law occurred more than twenty years

ago.

STATEMENT OF STUDENT

ACTIVITIES ON CAMPUS

, Any organization for political action or dis-

cussion of whatever purpose or complexion, and

whether or not affiliated with a particular party,

including the Communist Party, should be al-

lowed to organize and be recognized on any

campus.

An organization found, after investigation and

fair hearings as to its character, to be moving

materially under false pretenses as to its ob-

jectives may, in the discretion of the competent

authority, be denied a charter or have its charter

revoked or suspended without infringement of

_the principles' of this Union.-Adopted by the

_National Board of Directors of the A.C.L.U.,

May 16, 1947.

Latest Oakland Leaflet Incident

Affects 4 Newly Elected Councilmen

On May 14 another leaflet incident arose in

Oakland. Police threatened to arrest persons

passing out election material against incumbent

councilmen, and charge them with violating an

ordinance prohibiting the distribution of adver-

tising matter on private property without a per-

mit. One man was taken to police headquarters

but released after about an hour's detention. The

incident brought an immediate protest from James

F. Galliano, attorney for the Oakland Central

Labor Council.

Two convictions of persons who distributed

political and economic literature are now on ap- -

peal to the Superior Court. The A.C.L.U. is

planning to present the matter to the newly

elected City Council, which has a strong liberal

flavor. Since the latest incident affected four of

the nine members of the Council, it will be inter-

esting to see what action the Council takes

against the police department's lawless enforce-

ment of the law.