vol. 14, no. 3

American

Civil Liberties

Union-News

"Eternal vigilance is the price o

he ee

Free Press

Free Speech

lage

f liberty."

Vol. XIV

SAN FRANCISCO, MARCH, 1949

No. 30x00B0

Gov't Disobeys Renunciation

Court Order; Hearing Mar. 7

The Justice Department on February 25 failed

to comply with the interlocutory decree and opin-

ion of Federal Judge Louis Goodman in the Nisei

citizenship renunciation cases. Judge Goodman

had found that the wartime renunciations were

procured by governmental duress, but neverthe-

less gave the government substantial time in which

to designate the names of any persons it might

claim `"`acted freely and voluntarily." Instead of

making the required designations, the Justice De-

partment merely classified the more than 5000

names in twenty-one different categories, such as

Kibei, minors, insane, etc. The names of eight in-

sane persons were listed. And, for the first time,

the government acknowledged it had received

some renunciations of citizenship which it had

never approved. Under the law, wartime renun-

cations of citizenship of persons resident in the

United States become effective only with the ap-

proval of the Attorney General.

A motion by Attorney Wayne M. Collins of San

Francisco will now come before Judge Goodman

on March 7 to dismiss the government's designa-

tions as not complying with the Court's order,

coupled with an order to show cause why a final

judgment should not be entered forthwith, re-

storing United States citizenship to all of the re-

nunciants entered in the suit.

Observers are of the opinion that the govern-

ment has been carrying on a delaying action in

the hope of having the issues decided in a pending

case from Los Angeles, which is more favorable

to the government's position since it whitewashed

all federal agencies of responsibility for the re-

nunciations by failing to charge governmental

duress. The Los Angeles case is based solely on

community duress, which is to say, duress by in-

dividuals and groups in the concentration camps.

Hershey Refuses Probe of

Auburn, Cal., Draft Board

National Director Lewis B. Hershey of the Se-

lective Service System, in the absence of specific

charges of irregularities, last month refused to

conduct an investigation into possible racial dis-

crimination by the Placer County draft board at

Auburn, Calfornia. Out of nine men who have

been inducted from that board, eight were Japa-

nese.

. The Board's total registration is 2461, of whom

only 145 are of Japanese ancestry. Of the latter,

17 are classified 1-A, and 24 are unclassified.

According to recent information from the State

Selective Service System, only 75 non-Japanese

are classified 1-A. Of these, the 1923 and 1924

classes have only 1. There are 3 persons in the

1925 class, 7 in 1926, and so on. Of the Japanese

who were inducted, 3 were in both the 1923 and

1924 classes, and 1 in both the 1925 and 1926

classes (the last being a volunteer). The Cauca-

sian inductee was in the 1923 class.

The Union has asked the State director to ex-

plain how it happened that a Japanese from the

class of 1925 was called ahead of both Japanese

and Caucasians in the class of 1924.

In the absence of an investigation to determine

the classification practices of the Auburn board,

it cannot be determined with finality if there has

been no racial discrimination by the board. On

the surface, except for the foregoing case, the

figures appear to be regular, and inductions of 8

Japanese out of 9 called can be explained on the

ground that there was a preponderance of regis-

trants of Japanese ancestry with classifications

of 1-A in the older age groups from which the

board was required to make its first selections.

On the other hand, the exemptions for Caucasians

run proportionately higher than for Japanese.

This could possibly be explained by a greater

number of military deferments among the Cau-

casians than among the Japanese. The Union is

checking that point.

The American Civil Liberties Union has dis-

covered exactly 21 bills, resolutions or constitu-

tional amendments introduced at the current

session of the California Legislature affecting ra-

cial and religious discrimination.

Heading the list is a Fair Employment Practice

Act, A.B. 3027, proposed by Assemblyman George

D. Collins of San Francisco and Messrs. Elliott

and Lewis. Since the voters recently turned down

a State FEPC, the proposal does not have much

chance of being adopted at this time. |

On the other hand, Assemblyman Thomas A.

Maloney and Mrs. Niehouse have introduced a

measure, A.B. 739, to "study conditions involving

discrimination in the political or economic field,"

etc. Under the burdensome title of State Com-

mission on Political and Economic Equality, the

Commission would receive $50,000 to carry on its

investigatory and educational work. This measure

has the support of Governor Warren. It is essen-

tially the same bill that failed of adoption two

years ago.

Following the recommendation of the Presi-

dent's Civil Rights Committee, Messrs. Elliott,

Hawkins and Rosenthal have introduced A.B. 131

to establish a Division of Inspection in the De-

partment of Justice to "investigate any suspected

violations of constitutional or statutory provision

relating to civil rights and brutality committed by

city and county law enforcement officers." The

Division would be empowered to prosecute in such

cases where "there is reasonable evidence of

guilt."

Another proposal would do the job of an FEPC

without establishing a Commission. This is a bill

proposed by Senators Hugh M. Burns, Williams,

Ward, and Weybret, S.B. 1212, declaring certain

acts to be unlawful employment practices. It

would be an unlawful employment practice for an

employer "because of the race, creed, color, na-

tional origin, or membership or lack of member-

ship in any organization, except a Communist or

other subversive organization'-to refuse to hire

House Votes March 1 on Killing

Race Barriers on Immigration

The House of representatives is scheduled to

vote March 1 on a bill by Rep. Judd (R., Minn.),

which would eliminate all racial barriers in our

immigration and naturalization laws. Among

those benefitting from the law would be Japanese,

Malayans, Koreans, Indonesians and Asiatics of

other independent Pacific countries. Congress has

previously lifted racial restrictions from India,

China and the Philippines.

The bill, H. R. 199, provides that "The privilege

of becoming a naturalized citizen of the United

_states shall not be denied or abridged because

of race or sex, or because a petitioner for natural-

ization is married." All persons, irrespective of

race or color would become admissible to the

United States.

The bill would permit the naturalization of ap-

proximately 85,000 Japanese, Koreans, and other

Asiatics who are legally in the United States but

who, because of their race, have been ineligible

for American citizenship.

Japanese who are interested in the bill are re-

ported to be raising $160,000 to secure enactment

of the legislation. The need for such a large cam-

paign chest, which will come mainly from people

who already have been bled white for similar

causes, is not clear. At the same time, some lobby-

ing funds must be raised, but they ought to be

kept within reason. If the swift action on the

Judd bill in the House is any criterion, the cam-

paign chest can be limited to a nominal figure.

_ Twenty-One Measures Affecting Racial and

Religious Bias Pending

in Calif. Legislature

or employ a person. Likewise, labor unions would

be required to accept all races, creeds, and na-

tionalities on an equal basis, and employers would

be forbidden to disclose racial bias in seeking em-

ployees. Without an agency to enforce such a

law, it would remain just about as effective as

the State's Civil Right Law which prohibits ra-

cial and religious discrimination in places of

public accommodation and amusement.

Finally, Sen. Collier has introduced Sen. Resolu-

tion No. 49 to establish the Senate Committee on

Fair Employement Practices-a three-man com-

mittee to study the operation of FEPC in New

York "and the need for similar or related legisla-

tion in this State."

Four Measures Affect Nat'l Guard

Continued segregation of racial minorities in

the California National Guard has resulted in

four measures being introduced to eliminate the

practice. Augustus Hawkins would accomplish

that end by a constitutional amendment, A.C.A. 2.

Byron Rumford of Oakland would reach the same

result by a bill A.B. 151, of which he is the sole

author, and also by A.B. 80%, on which he has 17

co-authors. The language of the two bills is iden-

tical. "Members of the militia of the State," the

proposals declare, ``shall not be segregated on the

basis of race, color or creed, nor discriminated

against on such basis in enlistments, promotions,

or commissions." Finally, when a resolution was

presented "relative to the retention of the Na-

tional Guard under state control" Assembly Joint

Resolution No. 9, an amendment was adopted in

the Assembly providing "That it shall be within

the power of a state to eliminate segregation in

the militia on the basis of race, color or creed;

and to prohibit discrimination in enlistments, pro-

motions, or commissions on the same basis." The

resolution is now resting in the Senate Committee

on Military and Veterans Affairs, after being

adopted by the Assembly.

While the State Supreme Court has invalidated

the law prohibting miscegenous marriages, (c)

Messrs. Condon, Hawkins, Rumford and George

D. Collins have introduced A.B. 451 to repeal it.

Augustus Hawkins of Los Angeles has intro-

duced A.B. 951 to repeal the Alien Land Law.

Since the U.S. Supreme Court's decision in the

Oyama case, the statute has been virtually un-

enforceable. If the U.S. Congress adopts a pend-

ing proposal to grant citizenship rights to all per-

sons, it would in effect wipe out the law irrespect-

ive of any action taken by the State Legislature.

Assemblyman Edward E. Elliott of Los An-

geles, through A.B. 821, not only wants to make

it a crime to place a racial or religious restrictive

covenant in deeds or contracts relating to real

property, but he would also like to make it an

offense to advocate such covenants or to request

"the placing (of such covenants) in any such

conveyance or contract." The U.S. Supreme

Court, it may be recalled, recently held that ra-

cial and religious restrictive covenants are not

enforceable in the courts. It is, no doubt, per-

fectly proper to outlaw such covenants, but mere-

ly to advocate or request them is an exercise of

free speech which may not be abridged. In clean-

ing up one civil liberties problem, Mr. Elliott,

perhaps inadvertently, is creating another.

Place Teeth In Civil Rights Act

Assemblymen Augustus Hawkins and Edward

KE. Elliott of Los Angeles have attempted to put

teeth into the State's Civil Rights Act which

prohibits racial and religious discrimination in

places of public accommodation and amusement.

Their bill, A.B. 2793, would make such discrimi-

nation a misdemeanor. Under existing law, the

(Continued on Page 4, Column 1)

Page 2

Aftermath of the Mass.

Birth Control Referendum

Four doctors have been expelled from the staff

of the Farren Hospital in Montague City out-

side Greenfield. Their opinions-that the Planned

Parenthood Referendum ballot ought to be passed

-were the sole reason given for their expulsion

from the hospital, which is operated by the Cath-

olic Church in the Springfield Diocese.

_ The doctors so penalized are Dr. Merritt Low,

Dr. Alexander Nadas, Dr. P. N. Freeman, and

Dr. Milton Sisson. These doctors, prominent and

respected pediatricians and gynecologists, were

not disseminating information on birth control.

They merely supported publicly the proposed law

which would have allowed them this freedom.

And as a result they are no longer on the hos-

pital staff.

This incident is at least the third of its kind to

occur in Western Massachusetts. Last spring

four doctors taking a similar view were removed

from the staff of a Springfield Catholic Hospital, (c)

and in 1942 three doctors were fired from a Pitts-

field Catholic Hospital, under the same circum-

stances.

Recently the chairman, Civil Liberties Union of

Massachusetts wrote Bishop O'Leary of the

Springfield Diocese in protest in part as follows:

"The Civil Liberties Union would be the last to

argue with the right of the Catholic Church to

hold whatever policy it chooses on this contro-

versial subject. However, a dangerous precedent

is set when physicians are penalized for an hon-

est difference of opinion.

"In this country people of widely diverse re-

ligious and political beliefs unite in their defence

of the principles of free speech and religion, as

guaranteed by the Constitution. In our demo-

cratic tradition there is no place for persecution

of persons for their beliefs."

Members' Vote on ACLU

Policies Announced

Expression of members' views on ACLU policy

covering five points submitted with the Union's

annual report last fall were made public last

month by the national office of ACLU. Over

eight hundred of the Union's eight thousand mem-

bers returned their votes on the five points

covered.

The views of members supported the positions

taken by the Union in all issues but that of

compulsory disclosure by law of all facts con-

cerning agencies influencing public opinion. Mem-

bers by a three to one vote supported general

disclosure, as against the Union's position that

only specific forms of disclosure related to de-

sirable objects should be supported.

The heaviest votes were against restrictions

on the political activities of trade unions as im-

posed by the Taft-Hartley Act, seven to one; and

against special restrictions in law on Communists,

six to one.

The questions submitted to the members and

the votes on them were as follows: (1) On peace-

time conscription in some form: 281 for, 586

against. (2) On compulsory disclosure of all facts

concerning agencies influencing public opinion:

609 for, 194 against. (3) On supporting the prin-

ciple of doyalty tests for public employees, with

adequate protections: 503 for, 323 against. (4)

On any special restrictions on Communist beliefs

and associations: 109 for, 619 against. (5) On

restrictions on the political activities of trade

unions, imposed by the Taft-Hartley Act: 88 for,

746 against..

Union's National Conference

Scheduled for N.Y. Mar. 19-20

A national conference on "Our Uncertain Liber-

ties" to be held in conjunction with the Union's

annual meeting is set for Saturday and Sunday,

March 19-20, at the Henry Hudson Hotel, New

York. Ernest Besig will represent the American

Civil Liberties Union of Northern California.

Domestic civil liberties will be Saturday's sub-

ject, with four panel discussions following a

luncheon meeting on "Civil Rights at Home and

Abroad." Session topics will be: "Subversive ac-

tivities" relationship of public schools and re-

ligion; democracy in unions and government em-

ployees' right to strike; and censorship, including

the comic book question. f

International civil liberties will be discussed at

a Sunday session, with two panel discussions: the

questions of international enforcement of a uni-

versal Bill of Rights, and of the promotion of

democratic rights in Germany and Japan by the

U.S. Occupation forces.

In addition, there will be election of officers,

board members and the national committee; and

delegates will confer on internal Union policy and

organizational problems.

AMERICAN CIVIL LIBERTIES UNION-NEWS

German Concert Pianist's

Arrest Deplored by Union

Examination by ACLU lawyers of the record

in the case of Walter Gieseking, German concert

pianist prevented from making a tour of the

United States after his arrival in New York,

shows an "intolerable conflict between two gov-

ernmental departments," according to a state-

ment released last month. Gieseking had not

only secured a visa from a U. S. consul, but had

been cleared of Nazi charges by the Military Gov-

ernment in Germany. He had played during the

last year without protest in France, England,

Belgium and Holland.

Despite clearances by U. S. authorities abroad,

the Department of Justice, which has the final

word in immigration cases, arrested Gieseking

and refused to release him on bail to appear at

his first concert in New York. The action of the

Department, said the Union, was `obviously

taken under pressure of protesting groups." Gie-

seking was offered a hearing but chose instead

to return to Europe "voluntarily." The ACLU

has long advocated placing the responsibility for

alien visitors solely in a single department to

avoid a conflict which has produced many "un-

fortunate incidents" in recent years.

High Court Hears

Illinois Free Speech Appeal

A novel use of a disorderly conduct charge to

penalize a speaker for causing a riot, created

by his opponents outside a private hall, was heard

by the U. S. Supreme Court on January 31. The

Chicago Division of the ACLU filed a brief in

support of the contentions of Father Arthur Ter-

miniello, a follower of Gerald L. K. Smith, whose

Chicago meeting under the auspices of the Chris-

tian Veterans in 1946 was attacked by protest-

ants against his Anti-Semitic utterances. He was

fined $100.

The Illinois Supreme Court upheld a convic-

tion for disorderly conduct on the ground that

his remarks, not the group outside, caused the

disorderly conduct. There was no disturbance

inside the hall. The ACLU took the position that

to penalize a speaker in such circumstances is an

invasion of freedom of speech. The ACLU brief

was prepared by two Chicago lawyers, William

E. Rodriguez and Francis Heisler. The American

Jewish Congress filed a brief in opposition.

BOOKNOTES

LOYALTY AMONG GOVERNMENT EM-

PLOYEES-Reprinted from the Dec. '48 Yale

Law Journal, this 143-page analysis of the fed-

eral government's "loyalty" program, written by

Profs. Thomas L. Emerson and David M. Hel-

feld, finds the procedures violate basic American

traditions of `freedom for speech and belief, free-

dom for experimentation,"" Available at Yale Uni-

versity Press, 50c.

RADIO LISTENING IN AMERICA-Report

of survey of radio listening habits conducted by

the National Opinion Research Center at the Uni-

versity of Chicago, and analyzed by Dr. Paul F.

Lazarsfeld of Columbia University, sheds light

on audience reaction and audience opinion of pro-

posals for greater controls of radio by govern-

ment or the industry. University of Chicago

Press, 175 pages, $2.50.

THE LEGACY OF SACCO AND VANZETTI,

by G. Louis Joughin, professor, New School of

Social Research, New York, and Edmund M. Mor-

gan of the Harvard University Law School. Har-

court, Brace and Co., 597 pages, $6.00. An ap-

praisal of the Sacco-Vanzetti tragedy of a preju-

diced trial twenty years after, voluminously re-

searched to draw the lessons of one of. the most

dramatic of all conflicts between radicals and es-

tablished institutions. The first part, a legal

analysis by Prof. Morgan, is of interest chiefly

to lawyers. The second and major part of the

book, by Prof. Jordan, is a searching, colorful,

balanced appraisal of the social forces surround-

ing the case then and: since, of interest to all

students of civil liberties.

THE PEOPLE KNOW BEST, The Ballots vs.

The Polls, by Morris L. Ernst and David Loth,

Public Affairs Press, 2153 Florida Avenue, Wash-

ington 8, D. C., 168 pages, $2.50. A factual study

of the failure of the public opinion polls in the

1948 election, with commentary on the influences

tending to control the major means of communi-

cations.

WOBBLY, by Ralph Chaplin, University of Chi-

cago Press, 1948 425 pages, $5.00. An autobi-

ography by leading IWW editor, poet and artist,

with rich personal material on the free speech

fights of that organization (1905 to 1917) and

the federal prosecutions under the war laws

(1917 to 1924).

a pe

Miscellaneous Bills

Affecting Civil Liberties

A miscellaneous assortment of bills have been

introduced in the current session of the State

Legislature affecting civil liberties, in addition

to measures concerning labor, racial and re-

ligious bias and red-hunting.

S.B. 1371 (Tenney), requires the fingerprint-

ing of all State and municipal employees.

A.B. 2582 (Brown and others), increases the

penalty for inhumanity to prisoners to "imprison-

ment in the state prison not exceeding five years,

or in the county jail not exceeding one year," or

by a fine of $5000, or both. The same punish-

ment is prescribed for public officers guilty of

assaults "under color of authority." A.B. 2583

(Brown and others).

A.B. 2115 (Rosenthal), would make the Bill

of Rights and its judicial interpretations and

constructions the law of the State.

S.B. 568 (Tenney and others), declares that

no student may be given a passing grade in his

study of the Constitution, if his standard of per-

formance is below that of the average passing

~ student in such course. Teachers are assured that

reporting neglect or failure to carry out the pro-

visions of the law to the Supt. of Public Instruc-

tion is not ground for disciplinary action. The

State Superintendent must report annually to the

Legislature concerning the entire matter.

A.B. 677 (Morris), provides for Bible reading

in public schools for five minutes daily, without

comment. Pupils could be excused from attend--

ance at such reading upon the written applica-

tion of their parents or guardians. A committee

of three persons (1 Jew, 1 Catholic, 1 Protestant)

would advise the State Board of Education upon

the selections to be read.

A.B. 160 (Grunsky and 45 others), prohibits

discrimination on the basis of sex by employers

in-the payment of wages or salaries.

S.B. 1203 (Hulse and others), changes Civic

Center Act to allow school board in its discretion

to "charge a fee sufficient to pay the costs neces-

sarily incurred in the use of schools as meeting

places." This proposal would afford one way of

eliminating discussion of controversial issues.

A.B. 264 (Thomas), prohibits employment of

-aliens known to be subject to deportation. This

bill ought to except those aliens subject to sus-

pension of deportation.

A.B. 1536 (Huyck and 5 others), makes it a

misdemeanor to sell, give away or in any way

furnish to any person under the age of eighteen

a comic book "in which there is prominently fea-

tured an account of crime,"' etc.

A.B. 833 (Thompson), prohibits the attendance

of minors at any nudist camp.

A.B. 2340 (Dolwig), sets up legal safeguards

in sterilizing persons committed to State mental

institutions.

Union Hits Chicago Ban on

"The Respectful Prostitute'

A widely supported fight against Chicago po-

lice censorship of plays and movies has resulted

from the ACLU Chicago Division's private show-

ing of "The Respectful Prostitute,' Sartre play

banned for public performance. The Union's pro-

duction was given Feb. 8 in a private hall at

Chicago University, attended by a capacity audi-

ence of 1066 persons, who passed an anti-censor-

ship resolution. A pamphlet entitled "Blue Pencil

Over Chicago," by Homer A. Jack, vice chairman

of the division, was distributed. The division re-

ports a "good press."

The anti-censorship movement is being led by

Mr. Jack and Counsel Leon M. Despres. Copies

of the booklets, calling for abolition of the Mo-

tion Picture Section of the Police Department,

may be obtained by sending the cost, 15c each,

with order to the Chicago Division, 123 West

Madison Street, Chicago 12.

Constitutionality of New Jersey

Compulsory Arbitration Law Tested

A New Jersey law of 1946 providing that the

state may take over private utilities threatened

by strikes, and subject wages to compulsory arbi-

tration, reached the Supreme Court of the state

last month where the ACLU filed a brief challeng-

ing its constitutionality. The brief was prepared

by Samuel L. Rothbard and Associates of New-

ark.

The issue has been in the courts since the pas-

sage of the laws, which has not been invoked in

any case. The questions of public policy raised in-

volve compulsory arbitration and prohibition of

all strikes in industries taken over by the state.

The Union contends that the law, which is unique,

violates the federal constitution and conflicts

with the national labor relations act.

Page 3

LET FREEDO!

Trial Postponed in Nudist Case

The trial of the San Francisco distributor of

nudist magazines, Troy Gillespie, charged with

selling obscene literature, was postponed last

month and the new trial date is not known at

this time.

Tenney Comm. Contempt Trial

William Patrick Brandhove of San Francisco

was scheduled to go on trial in Sacramento on

February 28 for contempt of the Tenney Com-

mittee. Brandhove, a former Communist, charged

that the Tenney Committee had used him to

smear Congressman Franck R. Havenner when

the latter was a candidate for Mayor of San

Francisco in 1947. When Tenney subpoened

Brandhove, the latter appeared but refused to

testify.

`The Case of the Legless Veteran'

The James Kutcher case is receiving wide pub-

licity throughout the country. Kutcher lost his

legs after a battle at St. Pietro, Italy, in 1943.

A couple of years ago he went to work as a clerk

for the Veterans Administration in Newark, N. J.

Because of admitted membership in the Socialist

Workers Party (Trotskyites), Kutcher was dis-

missed from his job on disloyalty charges on Oc- |

tober 11, last. His case is on appeal.

Oakland Racial Measure

Councilman Pease has introduced a measure in

Oakland forbidding racial or religious discrim-

ination in municipal employment. A Commission

would administer the proposal. The Council has

scheduled a hearing on the matter for March 3.

Comic Books

San Francisco's "Review Committee," author-

ized by the Board of Supervisors to review all

comic books intended for distribution in San

Francisco, wants to employ a full-time researcher

to examine such books, as well as review rele-

vant legislation adopted by other communities.

On February 1, the City Council of Turlock

again rejected a proposed comic book ordinance.

Mayor R. L. Jackson has appointed a Citizens'

Committee to study the matter and to report back

at the next meeting of the City Council on Mar. 1.

Police Brutality

Last month two San Francisco police officers

were each suspended for six months as the result

of a beating they administered to a. merchant

seaman in his hotel room in January. Another

police officer was dismissed for assaulting a

woman in her room where he had accompanied

her to see her driver's license after she had been

stopped for speeding.

Police Chief Michael Mitchell has ordered the

following police regulation to be read to members

of the department at frequent intervals: "A

prisoner shall not be subjected to any more re-

straint than is necessary for his arrest and de-

dention."

A State legislative committee, headed by As-

semblyman Vernon Kilpatrick of Los Angeles,

expressed the view that the measures taken to

end police brutality are `completely inade-

quate." The committee urged District Attorney

Edmund G. Brown to prosecute the two suspended

officers, but he declined to do so. An assault

charge is pending in the case of the dismissed

- officer.

"?

Look Who's Un-American Now!

Last month, Alfred J. Lundberg, one time head

of the Key System and now an Oakland title in-

surance executive, charged Gov. Earl Warren

with being un-American, because of his sponsor-

ship of A.B. 739, establishing a Commission to

investigate and study discrimination in the politi-

cal or economic field, but which Mr. Lundberg

apparently believes sets up an FEPC in Califor-

nia. The San Francisco News quotes Mr. Lund-

berg as making the following remarks to the Cen-

tral Coast Council of the State Chamber of Com-

merce in San Francisco last month:

"Tt is inconsistent with the American theory

of government. It is none of the government's

business who a private employer hires.

"This is Governor Warren's bill. I have talked

with him about this matter and know that he

favors the use of government to force employers

to stop what he feels are discriminatory prac-

tices. IT am an old friend and neighbor of the

governor's and I like him, but in this matter I feel

that he is not only wrong, but he is un-American."

ACLU Supports Choolokian Appeal

`Hamportzoon Choolokian's appeal to regain

custody of his children, now in New York institu-

tions, will be supported by the Union. The Appel-

late Division of the N. Y. Supreme Court last

- month refused to restore the three young Choo-

lokians to their parents in Soviet Armenia.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Red hunting bills introduced at the current

session of the State Legislature are characterized

(1) by an emphasis on loyalty oaths, and (2) by

the fact that Senator Jack B. Tenney is the

author of all but three of the measures.

Heading the list is Senate Resolution No. 51,

recreating the Senate Fact-Finding Committee

on Un-American Activities. Mr. Tenney wants to

recreate the Committee for another two years,

this time with an appropriation of $150,000, or

three-fourths of the amount of money a similar

Congressional Committee was recently voted.

Early in January, the Committee received an

extra appropriation of $20,000.

At the same time, Messrs. Elliott, Hawkins,

Condon, and Lewis have introduced Assembly

Concurrent Resolution No. 6 declaring `"`That it

shall henceforth be a policy of the State Legisla-

ture not to establish interim or special commit-

tees like the so-called Senate Fact-Finding Com-

mittee on Un-American Activities;" and declaring

it to be a policy henceforth to leave such investi-

gations "to the proper law enforcement agencies."

One area Mr. Tenney has had some difficulty

muscling into is the University of California,

which, under the Constitution, is controlled by the

Board of Regents. Under Senate Constitutional

Amendment No. 13, however, the Legislature

would supervise the loyalty of the University's

officers and employees.

Not only concerned with local problems, As-

semblymen Reagan and Levering have introduced

Assembly Concurrent Resolution No. 47 com-

mending "the Board of Regents and the Presi-

dent of the University of Washington .. . for

their courageous and decisive action in ridding

the university faculty of teachers having mem-

bership in the Communist Party." The resolution

was adopted in the Assembly by a vote of 47 to 4.

As yet, no action has been taken in the Senate.

"Teachers in the public schools, including the

State Colleges, not only are required to give loyal-

ty oaths noted below (they already give a loyalty

oath when they receive their teaching creden-

tials), but would be forbidden "to teach commu-

nism, nazism or fascism . . . with intent to in-

doctrinate any pupil ..."' Such a penal measure,

Senator Tenney's S.B. 130, would no longer make

it safe to mention such subjects.

In the loyalty oath field a series of bills have

been introduced. Senate Concurrent Resolution

No. 13 by Senator Tenney and others requests

each legislator to file an affidavit `that he is not

and has never been a member of, or affiliated

with the Communist party," etc. No action has

thus far been taken on the resolution.

A similar loyalty oath would be required not

only of members of the Legislature but of "all

officers, executive and judicial,' under Senate

Constitutional Amendment No. 14, by Mr. Tenney

and others. Moreover, a candidate for public of-

fice, under S.B. 132, by Sen. Tenney and others,

would have to subscribe to an oath "that I have

not, at any time within the five years next pre-

ceding the making of this declaration, advocated,

promulgated, taught or practiced the commu-

nism of Marx, Lenin and Stalin."

Under S.B. 280, Tenney and others, all public

employees, with a few exceptions, would be re-

quired annually to make and file an affidavit

that they were not communists. Assemblymen

Erwin and Butters have introduced a similar

bill, A.B. 255, under which only one filing of a

loyalty affidavit is required, which does not spe-

cifically mention the Communist party.

Not content with seeking loyalty oaths from

public officials and employees, Sen. Tenney has

moved into the professional field. Under S.B. 298,

all attorneys would be required to file a loyalty

oath which is limited to swearing that the person

does not advocate or belong to a group which

advocates or approves the overthrow of the gov-

ernment by force and violence or by "`unconstitu-

tional means. " The State Bar of California would

be required to conduct "a loyalty investigation

of all of its active members," as well as appli-

cants for membership. If there were ``reasonable

doubt as to the loyalty' of such members and

applicants, proceedings would be brought for

their disbarment or for refusal of membership,

as the case might be. An administrative hearing

would be granted, as well as an appeal to the

State Supreme Court. "If the Supreme Court

finds that there is evidence of disloyalty," the

attorney would be disbarred.

Through loyalty oaths, Communists would not

only be barred from public jobs and offices, as

well as the legal profession, but under Sen. Ten-

ney's S.B. 515, an employer engaged "in produc-

tion of goods or agricultural produce for the

United States . . . for use in connection with na-

ted' Hunting Proposals, Under Sen. Tenney's

adership, Emphasize `Loyalty Oaths'

tional defense' could refuse employment to a

Communist. To determine the question, the em-

ployer could require an affidavit from the em-

ployee.

The opportunity of a Communist to work would

be narrowed still further by Sen. Tenney's S.B.

516, granting every labor union `the right to re-

fuse membership to any person, or to expel from

its membership any person . . . who by his acts,

words or conduct furnishes reasonable grounds

for belief" that he is a Communist.

Finally, if the Communist were unemployed -

(and we don't see how he could be otherwise),

Sen. Tenney, by S.B. 1127, would deny him unem-

ployment insurance if he had been a Communist

any time during the five years preceding the

filing of his claim. Thus far, Mr. Tenney has in-

troduced no bill denying an unemployed Commu-

nist county relief.

S.B. 29%, by Sen. Tenney and others, would ``re-

quire public records of attendance to be had of

secret meetings of organizations that are totali-

tarian, communist, fascist or subversive." If such

meetings were held, however, `every building or

place used for the purpose of conducting a meet-

ing of a subversive organization" could be abated

as a nuisance under S.B. 300, by Sen. Tenney

and others. . :

A.B. 3057, by Mr. Coats, amends the Corpora-

tion Code, which already provides that the rec-

ords of subversive groups are open to public ex-

amination and inspection. Previously the law re-

ferred to "All statements or documents .. ."

The amendment would make the section read .

"All the statements or documents..."

Mexican Immigrants' Peonage

Fought in Southwest

Efforts to control employment in the South-

west of illegal Mexican immigrants, said to num-

ber hundreds of thousands, brought to New York

and Washington last month a Texas delega-

tion from the League of United Latin-American

Citizens, known as the "LULAC." The ACLU

has been supporting their drive to secure a fed-

eral probe of illegal immigration and legislation

to penalize employers hiring illegal entrants.

The delegation, composed of Raoul A. Cortez,

LULAC president, and Gus G. Garcia, attorney

of San Antonio, is seeking the aid of the CIO and

AFL to help end conditions of peonage among the

thousands of so-called "wetbacks" who come

over the border illegally to work at depressed

wages on ranches and farms. :

The delegation said that since the suspension

last year by the Mexican government of an agree-

ment admitting workers legally, because of dis-

crimination throughout the Southwest, that the

illegal entrants have greatly increased.

"Un-American" Comm. Invades Free

Speech, Says Union in Eisler Case

Unconstitutionality of the House Un-American

Activities Committee was charged by ACLU last

month in a brief filed with the United States

Supreme Court. Attacking the Committee's oper-

ation as an invasion of freedom of speech, the

brief urged the court to "declare unconstitutional

the mandate" of the Committee.

The union acted in the case of Gerhard Eisler,

who seeks to reverse his contempt conviction for

refusal to testify before the Committee, because

this case offers the first occasion to test the con-

stitutionality of the Committee. The brief made

a clear statement of the Union's opposition to

Communism in the form of a police state and to

any movement supporting a single-party state, as

well as its opposition to the Un-American Activi-

ties Committee.

Brief Upholds Refusal to Answer

Questions As to C. P. Membership

Constitutional rights are threatened in the

cases of two Denverites, convicted of contempt

for refusing to answer Grand Jury questions con-

cerning Communist Party membership, the ACLU

declared in a brief offered last month to the U. S.

Circuit Court of Appeals in Denver.

The accused pair were constitutionally entitled

to the privilege against self-incrimination, and

this "vital principle of our democracy" is at stake,

the ACLU argued in its brief in behalf of the ap-

peal, claiming that in view of the New York Fed-

eral case against Communist Party leaders, ad-

mission of Communist membership may be in-

criminating. :

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

_ American Civil Liberties Union-News

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

Calif., by the American Civil Liberties Union

of Northern California.

Phone: HEXbrook 2-3255

PTMRNESD, BHSIG 0 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

Survey of Bills Aimed at

Race and Religious Bias

(Continued from Page 1, Column 3)

victim of discrimination may file a suit for da-

mages and collect at least $100, if he wins. The

proposed criminal statute will be effective only

if district attorneys, or under a pending pro-

posal, the Attorney General, can be induced to

act.

Assemblymen Rosenthal and Elliott of Los An-

geles have introduced identical bills, A.B. 1313

and A.B. 1737 respectively, which are designed

to eliminate racial and religious discrimination in

only one place of public accommodation-bars

and stores selling liquor. Their bills would not

only make such discrimination "a misdemeanor"

but would allow the business man's license to be

"suspended or revoked at the discretion of the

board."

Prevention of racial and religious discrimina-

tion in the State Civil Service is aimed at in A.B.

2636 by Assemblyman Hawkins. It prohibits "The

inclusion of any question relative to an appli-

cant's race or religion in any application blank or

form required to be filled in and submitted by

an applicant to any department, board, commis-

sion, officer, agent or employee of this State."

Under California's financial responsibility law

that went into effect last July 1, and which vir-

tually requires every motor vehicle operator to

carry bodily injury and property damage liability

insurance, racial minorities have generally been

required to pay 15% higher premiums for such

policies than other applicants. That discrimina-

tion would be prohibited by A.B. 22, by Assembly-

man Sherwin and 18 co-authors, as well as A.B.

-151 -ge-

32 by Messrs. Hawkins and Rumford. For violat--

ing the law, an insurer would make himself liable

in damages amounting to $500, plus reasonable

allowances for attorney's fees. Moreover, two or

more such violations could lead to a suspension

of the insurer's license for a period not exceeding

one year.

A.B. 1537 by Mr. Condon is directed at an issue

' raised by the National Lawyer's Guild during the

past several years. It seems that the Los An-

geles Bar Association, and possibly others, ex-

cludes Negroes from membership. Such associa-

tions would be denied recognition by the State

Bar and their delegates could not participate in

the annual meeting of the State Bar, if they ex-

cluded racial minorities from membership.

Two Anti-Race Hatred Bills

The final two measures would prohibit the ad-

vocacy of racial and religious hatred. A.B. 403 by

Assemblyman Rosenthal and seven co-authors,

makes it a misdemeanor to promulgate "any prop-

aganda designed to belittle, ridicule, upbraid, con-

demn or hold up to scorn and contempt, any re-

ligious system or denomination, or otherwise at-

tempt to discredit any church, synagogue, temple

or religious institution or denomination," etc.

Supporters of civil liberties may appreciate the

good motives of the sponsors of this bill, but it is

clearly violative of civil liberties.

There are a few obvious objections to the pro-

posal. It penalizes speech and therefore violates

the First Amendment. In the next place, there can

be no agreement as to what constitutes religious

baiting. And, finally, any prosecution would af-

ford a convenient forum for the confirmed relig-

ious baiter and his doctrines.

A.B. 529 by Assemblyman Rosenthal and 30.

others, makes it an offense to combine with

others for the purpose of disseminating racial or

religious hatred, or for any person "with malice

to create, advocate, spread, or disseminate hatred

for or against any person, persons or group of

persons, individually or collectively by reason of

race, color or religion which threatens or tends

to, or causes riots, disorder," etc.

All of the objections voiced against the pre-

vious measure are applicable to this one. There

is no question that an evil exists. But the end

does not justify trenching on free speech and en-

dangering all free discussion of the subjects

tabooed. .

Incidentally, in 1939, Mr. Tenney, then an as-

semblyman, introduced an anti-race hatred hill

' that was tabled in Committee. In 1943, a similar

bill by Mr. Tenney also failed to get out of com-

mittee. :

vette _

Supreme Court Upholds N. J. Sound Truck

Ban, But Issue Remains

A test of a Trenton, N. J., ordinance banning

all sound trucks, brought by the CIO, came to

an end in the Supreme Court last month where

a five to four decision with five varying opinions

left the issue in doubt. The court upheld the con-

viction and $50 fine of CIO official Fred Kovacs.

The ACLU had entered the case as friend of the

court, urging that the conviction be reversed on

the ground that a ban on all loudspeakers on the

streets is unconstitutional.

After reviewing the varying decisions of his

colleagues, Justice Wiley Rutledge for the mi-

nority commented: "In effect Kovacs stands con-

victed, but of what it is impossible to tell, because

the majority upholding the conviction do not

agree upon what constituted the crime. How, on

such a hashing of different views of the thing

forbidden, Kovacs could have known with what

he was charged or could have prepared a defense,

I am unable to see. How anyone can do either in

the future, under this decision, I am equally at a

loss to say.... The division among the majority

voting to affirm leaves open for future determina-

tion whether absolute and total state prohibition

of sound trucks in public places can stand con-

sistently with the First Amendment."

The decision, according to ACLU lawyers, leaves

the regulation of sound trucks in doubt. In view

of a decision in a previous sound truck case last

June the lawyers contend that no city can require

permits from officials for the operation of sound

trucks, but it may be constitutional to prohibit

them altogether on the ground that cities may

ban all "loud and racuous noise." The ACLU has

urged that total prohibition is unwarranted and

that cities have the power to regulate the time,

place and volume of noise from any source.

Justice Reed, in an opinion concurred in by

Chief Justice Vinson and Justice Burton, inter-

preted the ordinance as applying "only to vehicles

with sound amplifiers emitting loud and raucous

noises." With that interpretation, the three Jus-

tices reached the conclusion "that the need for

soe

AGAR ere

in Doubt

reasonable protection in the homes or business

houses from the distracting noises of vehicles

equipped with such sound amplifying devices jus-

tifies the ordinance."

Justice Frankfurter wrote a concurring opinion

in which he stated, "So long as a legislature does -

not prescribe what ideas may be noisily expressed

and what may not be, nor discriminate among

those who would make inroads upon the public

peace, it is not for us to supervise the limits the

legislature may impose in safeguarding the stead-

ily narrowing opportunities for serenity and re-

flection."

Justice Jackson also concurred in the decision,

but wrote a separate opinion in which he declared:

"T believe that operation of mechanical sound-am-

plifying devices conflicts with quiet enjoyment

of home and park and with safe and legitimate

use of street and market place, and that it is con-

stitutionally subject to regulation or prohibition

by the state or municipal authority."

The dissenters were of the opinion that Kovacs

(c)

' was convicted solely for operating a sound truck

and that there was no question of "loud or rauc-

ous" noise. "The basic premise of the First

Amendment," says Justice Black in his opinion,

"is that all present instruments of communica-

tion, as well as others that inventive genius may

bring into being, shall be free from governmental

censorship or prohibition. Laws which hamper

the free use of some instruments of communica-

tion thereby favor competing channels. ..statutes

can be drawn which adequately protect a com-

munity from unreasonable use of public speakers

without absolutely denying to the community's

citizens all information that may be disseminated

or received through this new avenue for trade in

ideas.... A city ordinance that reasonably re-

stricts the volume of sound, or the hours during

which an amplifier may be used, does not, in my

mind, infringe the constitutionally protected area

of free speech." Justices Douglas and Rutledge

concurred in this dissent. Justice Murphy also

dissented.

University of Washington

Dismissals Bring Protests

The dismissal of three long-time professors at

the University of Washington at Seattle, on

grounds of Communist Party membership or as-

sociations, has aroused both local and national

controversy over the scope of "academic free-

dom." The university based its action essentially

on the ground that Communist Party loyalties

are incompatible with the obligations of a teacher

in a public institution. The dismissals grew out

of an investigation of the university by a legisla-

tive "un-American Activities'? committee, before

which the dismissed professors refused to answer

questions either as to their political connections

or those of their colleagues. Two of the three

admitted Communist Party membership the third

has refused to disclose his political connections.

The ACLU, through its Committee on Academic

Freedom, headed by Prof. E. C. Lindeman, has

followed the issue from its inception, advising

the Seattle chapter of the ACLU and a local com-

mittee set up to defend the teachers' rights. The

ACLU has advised (1) that membership in any

legal political party is not in itself a ground for

dismissal of a teacher, (2) that intruding per-

sonal political beliefs into teaching is a proper

ground for dismissal (the Northern California

Committee believes professors should be permit-

ted to express their opinions freely), and (3) that

refusal to answer questions of a legislative in-

quiry as to personal political connections or those

of others is not a proper ground for discipline by

a university.

The three professors have appealed to the

American Association of University Professors

for an investigation, which is apparently opposed

by the University president. The ACLU is seek-

ing information from the Seattle groups as to

possible legal action to challenge the ousters, if,

as appears, they rest solely on the question of

party membership.

Union to Participate in D. C.

Naturalization Case

In behalf of efforts to end discrimination be-

tween two types of citizens-the naturalized and

the native-the Union last month agreed to par-

ticipate in the Louis Bernard Lapides case. The

issue of discrimination centers in a naturalized

citizen's loss of citizenship if he remains away

from the United States for more than a specified

period, although a native may remain away in-

definitely without loss of citizenship. The case

is before the U. S. Court of Appeals, District of

Columbia.

Radio Stations Convicted for

Commenting on Criminal Case

Contempt charges brought against four Balti-

more radio stations for violating a court order

banning press or radio comment on criminal cases

before trial, heard before the Baltimore City Court

last month resulted in convictions of three of the

stations which had broadcast news concerning an

arrested Negro last summer. The three stations

were fined. Since federal constitutional questions

were raised charging that the rule violates free-

dom of speech and press, an appeal will be taken

to the higher courts. The ACLU will continue its

participation in the case. It was represented in

the argument by James Lawrence Fly, former

chairman of the Federal Communications Com-

mission.

The Maryland Civil Liberties Committee, ACLU

affiliate, took the position that the rights of de-

fendants to a fair trial justify their protection

from publicity after arrest, to avoid "trial by

newspapers."

The case grew out of reports by Baltimore ra-

dio stations last July of evidence concerning a

Negro later convicted of killing a young girl.

The station owners were then cited for contempt.

They introduced as one witness a Baltimore city

editor who said the rule had obliged him for

years to clear with judges before printing any

news on arrested persons.

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