vol. 12, no. 11

~ American |

- Civil Liberties

- Union-News

Free Press.

Free Speech

"Eternal vigilance is the price of liberty."

Vol. XII.

Free Assemblage

SAN FRANCISCO, NOVEMBER, 1947

"Appeal Taken in Alameda Elsa. Gidlow Cleared Of Charges By Tenney

Naval Air Sta. Loyalty Case

The Loyalty Board of the U. S. Naval Air Sta-

tion at Alameda on October 13 recommended the

removal from his employment of a Negro aircraft

mechanic with the declaration "that reasonable

grounds exist for doubting your loyalty to the

Government of the United States." He was or-

dered suspended from his job in a non-pay status

pending his removal. ~

On October 27 an appeal was taken to the Sec-

retary of the Navy. The appeal contended that

the employee had been denied a fair hearing and

that there was no reasonable basis for suspecting

his loyalty.

The employee admitted that he had been a

member of the Communist Party for two months

in 1945, attending only four or five meetings and

mever advancing beyond the position of a spec-

tator. In over 17 years as a federal employee he

had always performed his work faithfully and he

denied ever committing any act against the Gov-

ernment. oe

The appeal complained that the regulations

~ governing the hearing were not made available

- to counsel. As a result, "we have the spectacle

of a kind of game being played in which only one

side and not the other is permitted to know the

rules," said the appeal.

Counsel was also denied a copy of the tran- .

script of the hearing in preparing the appeal

although he was permitted to read the transcript

while under close surveillance, without being

- allowed to take notes. The appeal contended that

an opportunity should have been granted to pre-

pare an argument supported by reference to testi-

-mony in the record.

The procedure at the hearing was also sharply

criticized. The Government failed to present any

evidence. The employee was merely given an op-

portunity to answer a general charge of disloyalty

based on asserted membership in the Communist

Party and was given no opportunity to controvert

evidence in the Government's possession.

The employee was a relative stranger in the

bay area at the time he joined the Communist

Party. He met with frustration after frustration

in attempting to get a job and to secure any

advancement in the airplane industry. He was

repeatedly the victim of racial discrimination. .

The brief charged that the Board had no appre-

ciation of the racial aspects of the case. It seemed

to feel that the employee "should have been satis-

fied with the crumbs he was receiving and that

he had no right to be ambitious and to want

the jobs others of more favorable color but not

greater skill could aspire to and secure. Conse-

quently, it was apparent that the Board could

not understand why a Negro who had been

pushed around because of his color could. be

caught up by the Communist Party which is

peddling a non-discrimination policy among

Negroes and which makes strenuous efforts te

entrap Negroes by friendly overtures."

The case is being handled by Ernest Besig.

director of the American Civil Liberties Union.

If the Secretary of the Navy sustains the re-

moval, a further appeal will be taken to the

U.S. Civil Service Commission.

"Hot Cargo' Act Outlawed As

Violating Freedom Of Speech

The California Supreme Court did the expected

early last month and struck down California':

"hot cargo" law by a vote of 6 to 1. The law was

wiped from the statute books because in pro-

hibiting secondary boycotts and "hot cargo" it

infringed on the right of peaceful picketing, which

is a form of free speech. Whether an appeal will

e taken to the U. S. Supreme Court is still not

own.

Committee In Fizzling Fairfax Red Hunt

The Tenney Committee made a one-day stand

in Marin county. last month and apparently de-

cided that writer Elsa Gidlow was not a Com-

munist or a fellow traveller, but simply that "she

had been used by the Communists." On the wit-

ness stand, Miss Gidlow not only denied being a

Communist but stated she could not see much

distinction between Communism and Fascism.

She said she was opposed to dictatorship and a

police state.

The Tenney Committee came to Fairfax at the

Calif. Has Power To Eliminate

Racial Segregation in Guard

Kenneth C. Royall, Secretary of the Army,

admitted last month in a letter to the A. C. L. U.

of Northern California that racial segregation in

the National Guard is a matter for each State to

determine for itself. Said the Secretary: `You are

correct in your contention that this is a matter

for each State to determine for itself. The Depart-

ment of the Army has jurisdiction only when and

if the State unit is called to federal duty, as in

times of national emergency. ce

`In the meantime, cognizance is generally given

to prevailing Army procedures in order to facili-

tate meeting Army requirements." Under the

regulations of the National Guard Bureau, if

Guardsmen were called for service by the federal -

government they would be placed in "Negro regi-

ments or groups, separate battalions or squad-

rons, and separate companies, troops or batteries.

which will conform in general to other units of

the postwar Army."

- Connecticut and New Hampshire have estab-

lished non-segregation policies, while New Jersey

is presently amending its Constitution to that end.

Governor Earl Warren has thus far refused to

commit himself on the issue. A letter sent to him

by the Union was merely referred to Major Gen-

eral Curtis D. O'Sullivan, the Adjutant General.

A follow-up letter has thus far been ignored.

The issue arose in connection with the recent

discharge from the California National Guard of

Beckford Dominguez of Loomis, on the ground

that a Negro may not serve with a white unit.

`Negro enlistments in California are limited tc

segregated units in the Los Angeles and San

' Francisco area. General O'Sullivan declared that :

Dominguez could enlist in the San Francisco unit

and then be attached to the Auburn company fo1

training.

Alcatraz Prisoner's Appeal]

Supported By Union -

The American Civil Liberties Union of North-

ern California last month filed an amicus curiae

brief in the U. S. Supreme Court in support of

the appeal of Homer C. Price, an Alcatraz con-

vict, which will be heard at the present term of

court.

The important issue raised by the case is

whether under the Constitutional guarantee of

the writ of habeas corpus a prisoner may file

successive writs of habeas corpus. The Ninth

Circuit Court of Appeals, claiming it is burdened

with petitions, has adopted a rule of convenience

under which a prisoner has only one shot for

freedom. "It requires a petitioner to satisfy the

Court that he has a valid excuse for not having

urged his newly asserted grounds in his prior

application for the writ."

The brief was written by attorney Wayne M.

Collins of San Francisco. oe

invitation of the City Council and particularly

Leslie A. Grosbauer, councilman and the com-

munity's one-man Committee on Un-American

Activities. After many good citizens objected to

tax favoritism and selling the garbage collection

franchise to the ruling group's henchmen at $25

-a month (it eventually brought $265 a month),

`Councilman Grosbauer "began to notice a lot of

little things that didn't sound American to me,"

so he began his snooping career.

With the help of Senator Tenney, he found

that Miss Gidlow eight years ago had been listed

as an associate editor of Black and White, an

obscure Los Angeles publication to which Miss

Gidlow had been asked to contribute poetry and

to lend her name. The publication apparently

lasted only a few issues. Grosbauer also found

that Miss Gidlow had permitted her name to be

used as a sponsor of the Schneidermann-Darcy

Defense Committee. Of course, he failed to men-

tion that Wendell Willkie appeared for Schneider-

mann before the U. S. Supreme Court which held

that mere membership in the Communist Party

is not a ground for denying an alien citizenship.

That was Mr. Grosbauer's evidence against Miss

Gidlow. |

- At that point Committee Counsel Richard

Combs of Visalia took over and, in effect, testi-

fied that Miss Gidlow had been a member of the

Inter-Professional Association which was de-

clared to be a Communist front organization;

that the People's World had printed one of her

poems (apparently without her consent and the

name of which she didn't recognize), and that her

name appeared in that publication five times,

apparently as a sponsor of the Schneidermann

Committee, although Mr. Combs didn't say.

A Mrs. Clarice Stevens was the only other wit-

ness against Miss Gidlow. She testified that Miss

Gidlow had objected to opening meetings of the

Fairfax Residents and Taxpayers Association

with the pledge of allegiance, salute to the flag

and a prayer. So, Mrs. Stevens went directly to

the FBI where she claims they had a big file on

Miss Gidlow. She tried to get a look at the file,

"but I can't read shorthand." "And another thing

I don't know about,' said Mrs. Stevens, "is why

that woman has two homes-one here and one in

San Francisco. I have a hard enough time paying

for one." Of course poor Mrs. Stevens did not

know that Miss Gidlow merely has a telephone

listing at her sister's home in San Francisco at

25c a month. Certainly, no responsible committee

would present a witness such as Mrs, Stevens.

_ Mr. Grosbauer took a dig at the Civil Liberties

Union while he was on the stand. He claimed he

had a report from a House Committee (apparent-

ly from Congressman Ham. Fish in 1929)

that the A. C. L. U. was a Communist organiza-

tion. The Union's director insisted he should have

an opportunity to answer these irresponsible

charges, but Mr. Combs, the Committee counsel

said he himself would make a statement for the

record. Finally, Ernest Besig was called as a

witness to identify several copies of the "News"

and Mr. Combs then stated for the record that

the Committee had no evidence that the Union

was a Communist organization and that it did

not regard it as such. At the same time, Mr. "

Combs recognized that the Union and the Com--

mittee were in disagreement on many issues. Mr.

Comb's statement is similar to one made by Con- .

gressman Dies on October 23, 1939.

Mr. Combs reserved his worst smearing tech-

nique for Councilman John A. Rockwell, who.

Planning Commission from which she was ousted

- appointed Miss Gidlow to her post on the Fairfax

as a "red''. Mr. Rockwell had worked for the State

(Continued on Page 4, Col. 1)

Forcible Removal by Military

Upheld by Supreme Court

Wartime control by military officers of the

personal liberty of civilians was sustained in

effect by the U. S. Supreme Court's refusal Oc-

tober 13 to review the four-year-old case of

Homer G. Wilcox, leader of "Mankind United,"

a California cult. Wilcox, backed by the Union,

contended that the former commander of the

U. S. Western Defense area, Lt. General J. L.

Dewitt, had him forcibly removed at bayonet

point from his San Diego home in 1943 without

benefit of trial or martial law. The Supreme

Court's refusal to review was scored by ACLU

counsel as "endangering instead of reaffirming

the traditional supremacy ef civilian over mili-

tary rule." ae ;

When Wilcox first appealed to civilian courts,

Judge Pierson M. Hall of the Los Angeles Dis.

trict Court handed down an unprecedented de-

cision in August, 1946. Granting Wilcox's claim

for $100 damages, he held that a military official,

even when acting in good faith, is liable for

damages when he exceeds his authority. In a

similar case in 1945, also supported by the Union,

Judge Hall had ruled that in the absence of mar-

tial law, the army cannot enforce exclusion or-

ders by military power and that disobedience is

a criminal offense punishable only in civil courts.

General Dewitt's appeal was sustained by the

Circuit Court last March on the ground that he

was justified in using full military powers to

prevent Wilcox from continuing his "seditious"

activities while conducting a delaying action in

the civil courts.

Striking Negroes Arrestedto __

_Compel Them fo Return to Work

Charges that two Buena Vista lumber firms

caused the arrest of striking employees to com-

pel them to return to work were placed before

the local branch of the National Labor Relations

Board by the Atlanta Committee of the ACLU

last month. Paul L. Styles, regional director of.

the Board, promised a full scale investigation of

complaints that the companies' actions violated

the Taft-Hartley Labor Act.

The complaint, signed by William V. George,

chairman of the Atlanta Committee, contends

that the Marion Brokerage Co. and the Burgin

Manufacturing Co. forced the arrest and jailing

of seven Negro striking employees "without cause

or basis." The complaint states that six of the

Seven men were jailed until they promised "under

threats of violence to return to work for the

employer." The seventh has been held for al-

leged threats of violence.

Executive Committee

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Saiz

Vice-Chairman

Joseph S. Thompson

~ Secretary-Treasurer.

Ernest Besig

Director

Philip Adams

John H. Brill

Prof. James R. Caldwell

H, C. Carrasco

Wayne M. Collins

Rev. Oscar F. Green

Margaret C. Hayes

Prof. Ernest R. Hilgard

Ruth Kingman

Ralph N. Kleps |

Dr. Edgar A. Lowther

Seaton W. Manning

Mrs. Bruce Porter

Clarence E. Rust

Rabbi Irving F. Reichert

Prof. Laurence Sears

Dr. Howard Thurman

Kathleen Drew Tolman

AMERICAN CIVIL LIBERTIES UNION-NEWS

California Alien Le

ind Law Attacked

In United States Supreme Court

California's Alien Land Law restricting owner-

ship of realty by Orientals was attacked October

22 in the U.S. Supreme Court as "race legislation

aimed directly at Japanese residents' by the

ACLU in a brief filed through its Southern Cali-

fornia counsel, A. L. Wirin. Also participating

in behalf of the claim of Fred and Kajiro Oyama

to lands escheated from them by the state was

Dean Acheson, former Under-Secretary of State.

The Union has consistently opposed the law as

unconstitutional.

The Supreme Court was asked to overrule its

own decision of twenty-four years ago upholding

racial restrictions. The Union cited subsequent

decisions outlawing various forms of race dis-

- crimination as ground for voiding the state law

which the brief called "blatant and incontro-

vertible discrimination."

The Alien Land Law was enacted primarily as

an anti-Oriental measure for the express purpose

of discriminating against Japanese, the Union

maintains. "The factual showing as to the dan-

ger to the State arising from land use by non-

citizens is insufficient to justify a racial discrim-

ination," the Union told the high court. It also

attacked the decision of the California State Su-

preme Court upholding the law on the ground

that "there is an-insufficient factual showing as

to the danger arising from the class of non-

citizens upon whom the prohibition is imposed

as distinguished from other non-citizens."

The United Nations Charter, to which the U.S.

was signatory, is contravened by the Alien Land

Law, the brief argues. "Not only does the pro-

hibition itself encourage, rather than eradicate

racial distinctions, but it is a more serious viola-

tion of the Charter provision when its repercus-

sions upon the standing of a race in the commu-

nity and upon the economic and well being of the

group are contemplated. Particularly in view of

the forcible expulsion of persons of the Japanese ~

race from California (and other west coast

states) as a war measure, this Court's counten-

ancing of war-time racial discriminations in the

Hirabayashi and Korematsu cases, and the cur-

rent attempts of the evacuees to regain their posi-

tions in the California community, it is the more

imperative to hold the Alien Land Law a gross

deterrent to the promotion of `human rights and

fundamental freedoms for all without distinction

as to race.' "

Among those signing the brief for the Union

were: Prof. Zechariah Chafee, Jr., Harvard Uni-

versity ; Edwin Borchard, Yale University; Walter

Gellhorn, Columbia University; Nels Peterson,

former chairman, Oregon Bar Association, Bill

of Rights Committee; and Benjamin Kizer, Spo-

kane attorney, former chief of UNRRA in China.

Also signing were: Morris Grupp of California;

Reuben Oppenheimer of Maryland; Harold Evans

of Pennsylvania; and Nanette Dembitz, Edward

Ennis, Osmond K. Fraenkel, and Arthur Garfield

Hays of New York.

FILM SHOWING NEGRO AND WHITE

CHILDREN AT PLAY TOGETHER

BANNED IN MEMPHIS

The rule of Memphis' one-man censorship de-

partment, Lloyd T. Binford, was challenged last.

month by the Motion Picture Association of

America. The American Civil Liberties Union at

once offered its participation in a court contest

to Eric Johnston of the Motion Picture Associa-

tion. Binford banned a motion picture comedy-

short of the "Our Gang" type, because it showed

Negro and white children at play together. The

film, "Curley," was produced by Hal Roach.

"We are glad to note your forthright opposi-

tion to Binford's actions," Elmer Rice wrote for

the Union to Johnston, upon the announcement

that the censorship would be tested in the courts.

"A test cast of all motion-picture censorship is

desirable to get the issue again to the Supreme

Court. The Memphis case is an excellent choice

for a contest."

Faith in Capitalism Not Necessary

For Naturalization Union Contends

The appeal of a college instructor, denied citi-

zenship solely because he was not optimistic

about the future of U. S. capitalism, was pre-

sented to the Ninth Circuit Court of Appeals in

San Francisco October 6 by the American Civil

Liberties Union. Samuel Morris Wixman, World

War I veteran and lecturer in economics, was re-

fused in his first attempt by Federal Judge Paul

McCormick last February. The court cited a

series of college lectures given in 1934-35 in which

Wixman held that recurrent depressions were

inevitable under capitalism.

The Union's brief attacks the ruling as invalid

in the light of the previous Supreme Court de-

cision in the Schneiderman case. The court then

ruled that "attachment to the principles of the

Constitution" which is required by the nationality

code nevertheless "countenances a belief even in

derogation of some of its explicit provisions, for

one of these very provisions is freedom to con-

sider, advocate and expect changes in the Con-

stitution and in existing conditions."

Wixman's lack of belief in prosperity under

Capitalism, the Union maintains, does not affect

his attachment to the Constitution. "Present

capitalism," concludes the brief, "is not guaran-

teed by the Constitution and is not a principle

of it,"

ACLU Attacks Proceedings of House

Comm. on Un-American Activities

The A.C.L.U. last month in a letter to Chair-

man Thomas attacked the present proceedings

of the House Un-American Activities Subcommit-

tee. The Union, through its National Council for

Freedom from Censorship, headed by Elmer Rice,

told Thomas that while it opposed "the antide-

mocratic aspect of Communism," it viewed as

"even more dangerous to American democracy

the methods of intimidation of opinion and ex-

pression, and of irresponsible accusation followed

by your committee."'

Civil Liberties Issues Crowd

U. S. Supreme Court Docket

Cases involving racial restrictions on land

ownership, housing covenants, and nudist rights

went before the Supreme Court last month. By

consenting October 20 to review two cases involv-

ing the sale of land in the District of Columbia to

an Indian and a Negro, the Court assured that

full consideration would be paid to the legality

of race restrictive covenants. At the same time.

the Court refused to review a Los Angeles anti-

nudism ordinance which had been upheld in the

California courts.

Acceptance of the racial covenant appeals

brings to four the number of cases taken by the

high court, with a fifth request pending to re-

view the decision in a Columbus, Ohio, case. The

ACLU has filed briefs as friend of the court in

the two Missouri and Michigan cases already

scheduled by the Court. The Union is also con-

testing covenants in a number of state courts.

An attack on the Los Angeles nudist ordinance

was supported by the Union's Southern California

branch which asked the Court to review the con-

viction of two directors of a nudist camp de-

scribed "inside L. A.'s far flung boundaries."

Union support of the case was based on the

ground that sincere believers in nudism have `a

constitutional right to practice their belief."

A week earlier, the Supreme Court refused to

reconsider its decision upholding the conviction -

of Joseph Fay and James Bove, building trades

leaders. Both men appealed their conviction for

extorting money from construction contractors

on the ground that their constitutional right to

trial by a jury of their peers had been violated

by "blue ribbon juries."

Industry Revises New

Public Service Radio Code

Industry opposition to the progressive broad-

cast code proposed at the recent convention of

the National Association of Broadcasters to im-

prove radio's public service programming has

seriously threatened adoption of the new stan-

dards. Despite an overwhelming endorsement by

the NAB convention recently, the code which

would do much to eliminate "excessive commer-

cialism" on the air, will not be adopted until

February, 1948. Meanwhile, a special committee

has been appointed to revise the code in line with

objections received from the industry. Protests

are expected against the new rules limiting com-

mercials. ~

The code was backed by progressive elements

in the industry following threats by the Federal (c)

Communications Commission in 1946 that sta-

tions might lose their licenses, unless they fulfilled

their promises to operate in the public interest.

The ACLU, through its Committee on Radio,

headed by Thomas Carskadon and James L. Fly,

has supported the FCC and urged voluntary self-

regulation by the industry as preferable to gov-

ernment regulation.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

High Court Review Sought

In Japanese Fishing Case

The United States Supreme Court late last

month was requested to hear an appeal from the

California Supreme Court's decision upholding

the constitutionality of California's war-time law -

barring alien's ineligible to citizenship from en-

gaging in commercial fishing.

The statute was upheld by the California

Supreme Court' by a vote of 4 to 3. Justice

Douglas Edmond's prevailing opinion was con-

curred in by Justices Shenk, Spence and Schauer.

Justice Jesse W. Carter wrote. the dissenting

opinion, which was concurred in by Chief Justice

Phil Gibson and Justice Roger Traynor.

_ As a practical matter, Japanese fishermen are

the only ones presently affected by the statute,

' and the 1945-law was clearly aimed at the Jap-

anese. Unfortunately, the case was not well pre-

pared and no proof was. offered at the trial that

the alien Japanese were the sole group affected

by the law.

Justice Edmonds concluded that there was no

racial basis for the discrimination, and that in

the interest of conservation, the State may reduce

the numbers of persons permitted to fish so long

as the classification is not an unreasonable one.

"The only basis for the classification suggested

by the majority opinion," said Justice Carter in

his dissent, "is that, in furtherance of conserva-

tion of natural resources (fish and game),

`[Where] the legislature determines that some

reduction in the number of persons eligible to

hunt and fish is desirable, it is logical and fair

that aliens ineligible to citizenship shall be the

first group to be denied the privilege of doing so.

This is a logical, established, and reasonable

method of classifying for conservation purposes,

and the existence of facts supporting the legisla-

tive judgment is presumed.' I can see no logic in

depriving resident aliens, even though they are

not eligible to citizenship, of the means of making

a livelihood, including the pursuit of commercial

fishing. . . . Manifestly there is no rational basis

for the classification."

End of State Department Gag

On Visitors Urged by ACLU

The State Department's gag on foreign visitors

to the United States was sharply scored by the

ACLU October 19 in a letter to Secretary of

State George C. Marshall sent by Roger N. Bald-

win, national director. The protest was registered

as a result of State Department restrictions placed

on Rev. Michael Scott of South Africa, a spokes-

man bearing a petition in behalf of the rights of

Indian minorities for presentation to the General

Assembly of the United Nations. His visa was

granted only after intercession by the ACLU and

other groups. Mr. Scott was obliged to pledge

that he would restrict his movements to the im-

mediate vicinity of the UN and not engage in

"extra-curricular" activity. The ACLU rapped

the restriction as "the latest example of what we

regard as the Department's unreasonable policy."

The Union stated that the restrictions "are

highly offensive' to the American public and to

other nations. "The American people are per-

pectly capable of making up their minds between

the conflicting views and they do not need the

guardianship of the State Department to keer

them from hearing foreigners."

The Union urged a policy change whereby

"visas would be granted without question for at-

tendance at all official international gatherings

in the U. S. and that no restrictions whatever be

imposed." Restrictions on foreign visitors, "com-

promises our declarations in behalf of democratic

procedure and make more difficult international

communications and contacts." These actions by

the State Department, the Union observed, "give

other governments justification" to impose simi-

lar restrictions on American journalists.

Arrest of C. O. 'Freedom Train'

Pickets 'Illegal," NYC Judge Says

Nineteen conscientious objectors arrested for

a twilight demonstration near Freedom Train at

- Grand Central terminal were cleared by Magis-

trate Harry G. Andrews October 9 of charges of

- disorderly conduct and interfering with traffic.

They had been arrested while picketing for

Presidential amnesty for conscientious objectors

who had been sentenced for violation of the Se-

lective Service Act. Defending the men were

Theodore Diamond, assisted by Carl Rachlin,

`attorneys for the New York City branch of the

American Civil Liberties Union. Magistrate An-

drews ruled that the arrests were "illegal" and

dismissed charges without requiring the defend-

ants to present their case.

Budget Drive For $12,500 Begins With Plea For

25% Increase In Gifts To Meet 25% Rise In Costs

The American Civil Liberties Union of North-

ern California opened its annual financial drive

late last month seeking to raise $12,500 for the

fiscal year beginning November 1, 1947. Appeals

and contribution forms were sent to the Union's

entire mailing list.

The budget is the highest in the Union's history

and represents an increase of 25% over the in-

come of the past fiscal year. Consequently, the

Executive Committee has urged the membershir

to increase its contributions 25%.

The increase in the budget is required by a

sharp increase in operational costs. The Union's

printing and stationery costs, for example, have

almost trebled during the war, and while resi-

dential rents have been regulated, commercial

rents have soared and the ACLU is now paying

more than twice as much rent as it did only a few

years ago.

Increasing Membership

Of course, with an increasing membership,

almost double the 624 of four years ago, there

has been a need for additional office help, su-

plies, etc. :

Finally, the Union is doing much more work

than it did before the war and incidental expenses

have increased correspondingly. Its telephone and

telegraph bills and transportation costs have

almost trebled, and its postage bill for the past

year reached the whopping figure of $500.

The Union wishes to remind its supporters

that if they contribute NOW for the year's work

they will receive no further appeal for funds for

another year. Moreover, there is a minimum of

interference in handling civil liberties issues if

fund-raising activities are concentrated. In other

words, the Union would prefer to have your mem-

bership renewed in November.

All of the money used in the Union's work is

contributed by members and friends. It has nc

support from any foundation, the Community

Chest, or the Union's national office.

How much should you give? Figure it out for

yourself. The Union has 1221 members: in good

standing on October 28. In order to raise its

budget, it needs an average contribution of about

$10. Since a lot of people give less than the aver-

age (some can afford only the minimum dues of

$2 a year), the Union hopes that many of its sup-

poters will give MORE than the average contribu-

tion. Many gifts of $25, $50, $100 and more are

needed, if the Union is to meet its budget.

_Many members have been contributing the

same amount for years. Because of the reduced

purchasing power of the dollar, it means that as

a practical matter such contributions have been

cut in half. It is hoped that such contributors in

particular will increase their gifts 25% to meet

the 25% increase in the budget, if they can

afford it.

Sending as much of your pledge as is con-

venient or the entire amount, will save the Union

the cost of future billing.

The Budget

Following is the budget adopted by the Execu-

tive Committee for the fiscal year ending October

31, 1948:

Salantes: 400 $ 6,573.00

Printing and Stationery _...... 2,000.00

Rent we 1,367.00

POSta86 2200 500.00

Telephone and Telegraph -__........_.__._. 250.00

Taxes and Insurance __...... 2... 200.00

Furniture and Equipment 200.00

Travelling . 150.00

Miscellaneous . 100.00 |

Publications a 40.00

Reserve for Cases _..... 225.00

Contingent Fund _._...... 222 $95.00

TOTAL ._....... $12,500.00

Grant of Tax Funds _

To Jesuit College Appealed

Another drive to halt the allocation of $128,000

of N. Y. State funds to Canisius College, a Jesuit

school, was launched September 30 when Buffalo

attorney Henry A. Bull asked the Appellate Di-

vision of the N. Y. Supreme Court to uphold his

taxpayer's suit that the grant violates both fed-

eral and state constitutions. The ACLU has

promised its support if the case is carried to

the higher courts.

His plea was turned down in the lower courts

when the Erie Supreme Court ruled that as ar,

individual taxpayer, Bull lacked "the legal ca:

pacity to sue." In appealing the decision, Bull

argues that the Canisius grant is a violation of

the principle of the separation of church and

state. He also contends that the suit should not

have been dismissed since it is "the court's func-

tion to afford taxpayers relief against unconstitu-

tional expenditures of public funds."

If the Appellate Division sustains the grant.

Bull's brief warns, "the decision would be an in-

vitation to all religious denominations to seek

a proportionate share of public money, with the

consequent evil results to religion and to the

state which James Madison pointed out in his

Remonstrance in 1784. If this court declares the

Canisius Grant unconstitutional, that ruling

should put a stop to further attacks on the prin-

ciple of separation of church and state. Mainten-

ance of that principle is vastly more important

than any special benefit to a particular group."

Court Sustains Damage Verdict Against

Railroad Union for Race Bias

A union which fails to protect its members from

racial discrimination in collective bargaining

contracts can be sued for damages, the U. S. Cir-

cuit Court of Appeals at Baltimore ruled October

22. The three justices upheld a lower court de-

cision awarding $1,000 to Tom Tunstall, a Negro

fireman on the Norfolk and Southern Railway.

Althoug the Brotherhood of Locomotive Fire-

men and Enginemen does not admit Negroes to

membership, the Court held that the union is

charged with a responsibility to colored em-

ployees if it has collective bargaining contracts

with the railroad. The present policy of South-

ern railroads is to discriminate against employ-

ing Negroes as engineers. This has the tacit sup-

port of the railroad unions.

Big Flats Objectors Win

Suspended Sentences

The prolonged legal fight by six conscientious -

objectors convicted fourteen months ago for

striking at Big Flats, N. Y., against payless labor

and control of civilian public camps by military

officials ended on September 30. Judge John

Knight of the District Court at Buffalo gave

them suspended sentences. _The court's change-

of-mind was significant. When he sat on the

case in August, 1946, Judge Knight sentenced

them to eighteen months and was reluctant even

to allow bail provided by the Union's National

Committee on Conscientious Objectors. The case

was handled by James Moore of Buffalo, Rowland |

Watts of New York and Francis Heisler of Chi-

cago under the auspices of the Workers Defense

League.

The Big Flats strike began May 1, 1946, follow-

ing a similar work stoppage at the Glendora,

Calif., CPS camp. A score of Glendora men are

appealing the decision of a U. S. Distriet Court

judge in L. A. last March which found them

guilty of "refusal to work" but then immediately

suspended sentences. ;

Parochial Students Barred From

Le Public School Buses in lowa

Public school buses may not, transport private

and parochial school children, the Iowa Supreme

Court ruled unanimously October 14. The de-

cision was made in a test case brought by the

Silver Lake Consolidated School District which

sought a ruling on whether parochial school chil-

dren could be carried on established bus routes.

Since no constitutional issue was raised, it is not

likely that the opinion will be appealed to the

U. S. Supreme Court. The decision, however,

reaches a contrary result to the New Jersey

School bus case decided by the high court last

winter.

According to the Iowa high court, state laws

prohibit public school districts from making any

such provision, even on a pro rata cost sharing

basis. Districts which insist on doing so would

forfeit eligibility for state school transportation

aid. /

In another court test of the question, the Su-

preme Court of Pennsylvania, which ruled that

school boards might refuse to pay for the trans-

portation of parochial school children, was up-

held by the U. S. Supreme Court October 5 when

it dismissed the appeal of a Pennsylvania parent.

g

Page 4

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 2-3255

ERNEST. BESIG ....... Editor

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

Post Office at San Francisco, California,

under the Act of March 38, 1879.

Subscription Rates-One Dollar a Year.

Ten Cents `per Copy. 151-

Elsa Gidlow Cleared B

Tenney Committee |

(Continued from Page 1, Col. 3)

Relief Administration in Visalia before the war

and had joined a Union of social workers. Mr.

Combs proceded to show that the Union was run

by Communists. Mr. Rockwell as an SRA Super-

visor dealt with a grievance committee from the

Workers Alliance, an organization of unemployed.

`Mr. Combs showed that the organization was a

Communist front. - | :

Mr. Rockwell, who is now a practicing attor-

ney in San Francisco, was also questioned about

his student days at the University of California.

Mr. Combs wanted to know all about his member-

ship in the Student Union and on a committee

that protested the expulsion of Celeste' Strack

from UCLA. The fact that a campus policeman

had stopped Mr. Rockwell while he was distribut-

ing leaflets advertising a Norman Thomas meet-

ing was also placed in the record.

Mr. Rockwell did admit that he had once

"worked" on the Pacific Weekly, a Carmel maga-

zine with a: Communist hue. He explained, how-

ever, that he was merely interested in the young

lady who ran the linotype machine and occasion-

_ ally when he called for her at the print shop, he

would staple the magazine. Truly a labor of love!

_ The only other witness in the proceeding be-

`sides Mayor Campbell, who simply told how the

`Tenney Committee was invited to come to Fairfax

by the Council, was a real, honest to goodness -

red hot Communist, who is in the first stages of

cooling off. His name was Sidney Hall, and the

Committee subpoened him only because they were

unable to locate his wife who is a very active

Communist in Marin county. Mr. Hall was

maneuvered into a declaration that there are

about 70 Communists at the Marin City Housing

Project, but concerning Communist organization

and procedure, he seemd to know less than Mr.

- Combs. :

The Committee refused to allow Miss Gidlow's

attorney, Morse Erskine, to cross-examine Mr.

Grosbauer, her accuser, or any other witnesses

against her, or to put in a defense. While such

committees purport to be investigating, they are

actually placing countless persons on public tria'

as Communists without affording them an oppor-

tunity to defend themselves. Such one-sided and

inequitable procedure is in itself highly un-'

American. In this instance the Committee is open

to even more serious criticism because it per-

mitted itself to be exploited for. olitical

by Fairfax politicians. f ee

ey a remembered that the Fairfax City

ouncu voted unanimously to grant Mi i ?

a hearing, but thus ee caer

agreement. It even

went so far as to invi +

Jesse Carter to sit Invite Justice

as a referee in the case, and

the State Supreme Court Justice accepted the

invitation. Later Mr. Grosbauer attacked Justi

Carter as a hand-picked referee, and the Counc

voted to hold the hearing in abeyance until Octo-

ber 24 in order to give the Tenney Committee an

opportunity to conduct an inqury. What th ~

cil will now do at its Noveniner meeting ee

lematical. The chances are that Mr. Grosbauer

' will contend that a hearing is now unnecessary. . 3

That argument would not hold much water

before any reasonable body because Mayor Camp-

bell promised to. reinstate Miss Gidlow to the

Planning Commission when she disproves charges

of Communistic and un-American activities. Miss

Gidlow was not provided an opportunity to de-

fend herself before the Tenney Committee. The

only way she can prove her innocence is to be

allowed a hearing. Of course, Mr. Grosbauer hav-

ing failed to prove his charges before the Tennev

Committee, it would seem that Mr. Campbell!

should at once reinstate Miss Gidlow. But that is

not the way things are done in Fairfax Where a

person Is presumed guilty until he is proved inno-

cent. The Fairfax City Council has its own special

brand of Americanism which it peddles.

S

far it has welched on its

AMERICAN CIVIL LIBERTIES UNION-NEWS c

sr

For Ouster O

Department Loyalty Program Provides

f `Security o

A isks'

A stringent loyalty program under which the

State Department will dismiss employees for

association with persons either known or believed

to be members of Communist, Fascist, Nazi or

subversive `front organizations" was announced

last month. The program viewed, as necessary

to safeguard the department `from persons en-

gaged in espionage or subversion of the United

States Government," provides for the summary

dismissal of all those deemed "security risks," or

whose loyalty is in "reasonable doubt."

Besides defining "security risk," the new code

establishes a personnel security board of three

officials to review cases for final recommendation

to the Secretary of State. Under the McCarran

rider to the Department's appropriation bill

"absolute discretion to terminate employment"

rests with Secretary Marshall. ae

Defined as security risks are "persons who en-

gage in, support or advocate treason, subversion

or sedition .. . are members of, affiliated with or

in sympathetic association with ... or consistent-

ly believe in or support the ideologies and policies

... of organizations seeking to alter the govern-

ment by unconstitutional means . . . or whose

policy is to advocate . . . force or violence to deny

other persons their rights under the Constitu-

tion . . ." Employees whose "habitual or close'

association" with such persons would justify the

conclusion that they "might through such asso-

ciation voluntarily or involuntarily divulge classi-

fied information without authority" are subject

to dismissal.

Other standards for dismissal promulgated by

the State Department are based on participation

in "front organizations," including financial con-

tributions, attendance at meetings, signing peti-

ACLU to Aid Alien Leaders

Faced With Deportation

Two New York labor leaders were recently

promised legal aid by the ACLU in contesting

the government's efforts to deport them for al-

leged membership in the Communist Party. The

men whom the Department of Justice is seeking

to deport are John Santo of the Transport Work-

ers Union (CIO) and Michael Obermeier of the

Hotel and Club Employees Union (AFL).

The ACLU's offer to the two labor leaders was

accompanied by a statement from Roger N. Bald-

win, director: "In line with long-settled policy of

opposing deportations of aliens solely for beliefs

or associations we have offered to aid in the

cases of Santo and Obermeier if and when they

get into the courts. It hardly seems likely that

evidence of unlawful activities will be produced,

and that the cases will rest solely upon member-

ship and beliefs."

Proceedings before the immigration inspector

have been held in the case of Santo. Obermeier's

case is scheduled shortly. The Union noted that

"the statute under which the Department of

Justice is acting provides for deporting aliens

who believe in the overthrow of the government

by force and violence or who belong to any or-

ganization which does." The Union further de-

clared that "despite years of litigation there is

no controlling Supreme Court opinion that the

Communist Party advocates such a doctrine nor

does there appear to be any evidence that these

two men personally advocate it."

'The Blue Hen's Chickens' Gets

By the Censor in New York

A grand jury trial rebuffed New York City's (c)

vice hunting society October 15 when it refused

to hold ``The Blue Hen's Chickens," a thin volume

of poetry by Vincent McHugh. The book had

been seized at the Random House publishing

company in a pre-publication raid conducted per-

sonally by John S. Sumner, secretary of the So-

ciety to Maintain Public Decency. Nine hundred

copies were seized.

The ACLU, which co-operated in the case

through Emanuel Redfield, attorney for its New

York City branch, viewed the grand jury's re-

fusal to hold the book as a "welcome decision

protecting freedom of the press against the pri-

vate prejudices and whims of vice hunters and

censors."

The book was held at a preliminary hearing

when Magistrate Charles F. Murphy objected to

the last section containing eight free versions of

poems by Catullus. Horace A. Manges, attorney

for the publishers, secured a grand jury hearing

to determine whether the book violated the

obscenity statutes.

tions, or oral or written support. Former beliefs

and sympathies with such organizations will be

presumed to continue, unless there is `positive

evidence indicating a change, both in course of

action and conviction, by clear, overt and un-

equivocal acts." 0x00B0 eee

In two sweeping paragraphs, the new security

principles state that `"`there will be no presump-

tion of truth in favor of statements of witnesses"

and "if any reasonable doubt exists . . . the de-

partment will be given the benefit of the doubt,

and the person will be deemed a security risk."

The hearing procedure provides that each em-

ployee shall appear before the Personnel Security

Board before being dismissed. Written notice in

advance with sufficient time to prepare for the

hearings is provided. Charges shall be specific

and complete so far as security permits. The

employee is also to be informed of his privilege

to reply in writing in advance of the hearings, tc

be accompanied by counsel and to present evi-.

dence in his own behalf. However, he will not be (c)

allowed to hear or examine evidence against him.

" The Union, which has been active in securing

procedural protections for federal employees un-

der the President's executive order on loyalty, is

presently studying the new code which it views

as `fraught with great danger.'"' Since December,

ten persons have been discharged from the State.

Department for disloyalty and three have been

permitted to resign "without prejudice." Forty

other employees have been cleared while fifty

applicants have been rejected as "security risks."

Department spokesmen disclosed that scores of.

employees have resigned while under investiga-

tion but said that these were not to be inter-

preted as confessions of guilt.

Navy Pledges Safeguards in

Enforcing Loyalty Order

The Navy Department's administration of the

President's `loyalty order will include many of

the Union's recommendations to protect the civil

rights of federal employees. This pledge was

contained in a letter to the Union from Acting

Navy Secretary W. John Kenney. After studying

the Union's statement on the loyalty order, Mr.

Kenney's reply promised that the order would be

enforced with "all the safeguards of due process

compatible with administrative needs."

The Navy Department, Mr. Kenney wrote.

agrees that innocent employees must be protected

against the stigma of being removed for dis-

loyalty. He announced his intention to set up an

appeal board which, in line with the ACLU's

recommendations on selection of personnel, will

consist of "men of sound judgment and unques-

tioned integrity." Accepting another ACLU pro-

posal, he declared, "In all cases it is contemplated

to carry employees in a suspended status pending

final determination by the Department or by the

Civil Service Commission if such an appeal is

taken."

The Union's demand that accused employees |

have the right to confront and cross-examine

witnesses cannot be permitted, according to the -

Navy official. "These sources of confidential in-

formation are inviolate and must at all times be

preserved or else the method by which such in-

formation is secured will collapse." He added' 7

that administrative safeguards would be de-

- veloped to prevent abuses stemming from lack

of confrontation.

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