vol. 14, no. 7

/

American

Civil Liberties

Union-News.

"Eternal vigilance is the price o

e

- Free Press

Free Speech

f liberty."

SAN FRANCISCO, JULY, 1949

No. t

AF Tenney's Red-Hunt Program

Suffers Ignominious Defeat

The Tenney red-hunting bills have all been de-

feated in the California Legislature. Four of the

measures, which reached the Assembly floor

after passage by the Senate, were sent to the

Rules Committee for final burial without a record

vote. A last-minute effort is being made by Ten-

-ney's supporters in the Assembly to withdraw

one set up loyalty oaths for attorneys and the

(R)

/Cal. Legislature Bans Racial

these bills from the Rules Committee, but the

move appears to be doomed to failure.

One of the bills established a loyalty oath and

checks for public employees; two others provided

loyalty oaths for candidates for public office and

public officers, and the fourth permitted employ-

ers engaged on defense contracts to fire or refuse

to hire alleged subversives.

The remaining three Tenney bills were killed

in Committee last month. Two of the bills had

already been adopted by the Senate. Of these,

second limited the teaching of "Communism,

Nazism and Fascism."

S.B. 1371, providing for the fingerprinting of all

public employees, was killed in the Senate Finance

Committee.

In fact, except for-one minor bill, that barring

aliens from holding real estate brokers licenses,

and the resolution to continue the Committee on

Un-American Activities (still pending), NO re-' /

pressive proposals survived this session of the

Legislature. A final legislative survey will be car-

ried in the next issue of the "News."

Segregation in Nat'l Guard

Only two bills affecting race relations appear

to have been adopted by the present session of

the California Legislature as we go to press.

The most important of these, A.B. 807, pro-

hibits racial segregation or discrimination in the

National Guard, but leaves enforcement of the

measure to the Governor. The limiting language

reads as follows: "It is hereby declared to be the

policy of the State of California that there shall be

equality of treatment and opportunity for all

members of the militia of the State without re-

gard to race or color. Such policy shall be put into

effect in the militia by rules and regulations to be

issued by the Governor with due regard to the

powers of the Federal Government which are, or.

may, be exercised over all the militia of the State, ~

and to the time required to effectuate changes

without impairing the efficiency or morale of the

militia."

Also adopted by the Legislature was a bill re-

pealing the section of the Fish and Game Code,

held unconstitutional by the U.S. Supreme Court

in 1948, prohibiting issuance of commercial fish-

ing licenses to "aliens ue citizenship."

Circuit Court Reverses

L.A. Nisei Citizenship Case

The Ninth Circuit Court of Appeals on June 23

reversed a decision of the U.S. District Court in

Los Angeles restoring citizenship to four Nisei

who renounced during the war. The court held

unanimously that no facts had been alleged in the

complaint showing the denial of any right. The

complaint apparently charged only duress on the

part of individuals and not on the part of the Gov-

ernment.

The suit was handled by A. L. Wirin of Los

Angeles under the sponsorship of the national

office of the A.C.LL.U. The local office of the

Union opposed the case from the outset, because

it failed to charge duress on the part of the Army,

the W.R.A. and the Justice Department.

The decision in no way affects the mass suit

by Wayne M. Collins of San Francisco, which had

the support of the A.C.L.U. of Northern Cali-

fornia. o

ese

hockingly Unfair Procedures Followed

In Northern Calif. Federal Loyalty Cases

The American Civil Liberties Union of Northern

California has recently handled a number of

cases that afford additional insight into the oper-

ation of the Federal loyalty program. Unfortu-

nately, that program is carried on with such

secrecy by the Government that the general pub-

lic is unaware of what is going on. Of course, the

subject is not one that the victims themselves

want to publicize. After all, their reputations and

livelihood are at stake, and they cannot afford to

have it known that their loyalty is suspect.

Thus far, the local branch of the Union has

been involved in one way or another with about

30 cases. We venture to say that there have been

many more cases than that in this area, in many

of which the employees were not represented by

counsel. The Union stands ready to assist such

persons without fee. If our readers hear of any

persons who need help, please refer them to us.

Trivial Charges

Apparently no issue is too small to demand the

attention of investigators and to bring the pon-

derous loyalty machinery into operation. For

example, take the case of a medical technician, a

Most

Ketriai Due for Distributor =

Of Nudist Magazines

Troy Gillespie, San Francisco operator of the

Troy News Agency, will be retried sometime in

-August on obscenity charges growing out of his

distribution of nudist magazines to newsstands.

At the first trial, which concluded on June 3, the

jury was discharged after failing to agree. They

stood 8 to 4 for conviction.

Gillespie was arrested last January 3 and re-

leased on $250 bond posted by the American

Civil Liberties Union. The arresting officers

seized exactly 2,102 copies of the nudist maga-

zines "Sunshine and Health," "Natural Herald"'

ahd "Sunbathing."

The jury examined the magazines, but other-

wise, very little evidence was allowed to be pre-

sented to them by Municipal Judge Molkenbuhr.

The arresting officer was the sole witness for the

prosecution, while Ivan Brovont, publisheg of

"Natural Herald," was the sole witness for the

defense. Mr. Brovont, however, was permitted to.

say very little, so the main defense was the elo-

quent four-hour argument made by attorney

James Martin MacInnes, prominent San Fran-

cisco criminal attorney. Mr. MacInnis is the at-

torney who successfully defended the bookseller

in the San Francisco prosecution involving "The

Memoirs of Hecate County." Jack Berman, As-

sistant District Attorney, handled the prosecu-

tion. It is reported that representatives of the

Roman Catholic "Legion of Decency" attended

the trial.

In another pending case, involving a cigar store

clerk who was arrested for selling nudist maga-

zines, District Attorney Brown's office has indi-

cated it is willing to dismiss the charges if he will

release the arresting officer from liability for the

arrest.

@

ACLU Urges Public Hearings on

Student-Atomic Loyalty Tests

A demand for public hearings on an amendment

to the Independent Offices Appropriation Bill,

which would subject all students engaged in

atomic study to loyalty tests, was made by the

ACLU on June 21 to Senator Joseph C. O'Ma-

`honey (D., Wyo.), chairman of the Senate Inde-

pendent Offices Committee. The ACLU empha-

sized that the rider would include those students

in "non-sensitive positions," and would deny the

right of study because of political affiliations

which might deprive the nation of important sci-

entific discoveries.

middle-aged woman who has never been active

in politics and who claims she has never attended

a political meeting. The Regional Loyalty Board

of the Civil Service Commission recently served

interrogatories on the woman in which the Com-

mission claimed it had information to the effect

that while the employee was a resident of New

York City in 1939 she "signed a Communist Party

Nominating Petition for candidate Israel Amter."'

That is the only alleged blot on the woman's

escutcheon. No other charges were made against

her. She has no recollection of signing such a

petition, but admits it is quite possible since peti-

tions of one kind or another are freely and law-

fully circulated in New York (even by Commu-

nists), just as they are in San Francisco, and

people frequently sign them without examining

carefully what they are signing.

Possibly the charges will be dismissed merely

on the basis of the employee's answer, or a hear-

ing may be held. Even if this case is disposed. of

`without a hearing, the question still remains

whether the Government should put an employee

through the worry of loyalty proceedings over

such a small matter.

-. -.-- Mialicious Charges - -

_ One serious problem in connection with loyalty

cases is the practice of the FBI and other investi-

gating agencies to pick up gossip or malicious

charges which the employee is required to answer.

In this connection, the Union recently represented

an engineer who in 1946 was telephoned by a

Naval Intelligence officer concerning the loyalty

of a friend. Mind you, the investigation was being

made over the telephone. Today, the engineer is

suddenly alleged to have made the following

statements to the Government investigator:

"(a) You have followed the activities of the

Communist Party with considerable interest and

sympathy; (b) the Communists stand for peace

and prosperity for all, and that Russia's govern-

`ment is more representative of a true democracy

than our own; (c) The United States was war-

mongering; (d) In case of a war with Russia, the

United States would be entirely wrong and the

Russians would be entirely right; and (e) Inthe

event of a conflict with Russia you would not (c)

fight in the armed forces of the United States

against that country."

The employee denied he had ever made these

statements. Fortunately, a couple of men in the

latter's office had overheard the telephone con-

versation. In fact, it was a subject of some com-

ment and discussion because it affected a mutual

friend. One of the witnesses testified that the

employee actually stated to the investigator that

he did not favor the existing government in Rus-

sia, and both of the witnesses were certain that

the conversation on the employee's part was not

as related by the Government investigator.

Of course, the Government never tried to pro- -

duce the Naval Intelligence officer so that his

story might receive the test of cross examination.

Indeed, it was asserted that the Board had no

money to do so. The officer's unverified state-

ments however, were sufficient to cause a hear-

ing to be held on which there has been no decision

as yet. The Naval Intelligence officer is either an

incompetent investigator or he willfully distorted

the information he got over the telephone. The

Union has requested that disciplinary action be

taken against the man.

More False Charges

A similar case, in which a hearing resulted in

a favorable decision, involved an employee who

was charged with having regularly attended

Communist meetings at a housing project, which

`meetings were assertedly advertised in some un-

disclosed mimeographed newspaper of the Party

which was reportedly published on the project.

(Continued on Page 4, Col. 2)

woo Sg we

5 a ht VE OY pe

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS /

pe

-

U.S. Supreme Court Refuses

Death Sentence Appeal -

The fight for the life of Samuel Titto Williams

was lost when the U. 8. Supreme Court on June 6

upheld by 7 to 2 the power of New York court

judges to sentence a murderer to death even

though the jury recommends life imprisonment.

Williams, a Brooklyn youth, was given the

death sentence for murder of a young girl in

April, 1947, by Judge Louis Goldstein after a jury

`had recommended leniency.

The youth's execution, set for February, 1949,

was stayed after two attempts by the ACLU for

Supreme Court action on the ground that the.

death sentence was based on probation reports

which the defense had no chance to contest.

Attorney John F.. Finerty, member of the ACLU

Board of Directors, represented Williams in the

high court hearing. The ACLU carried all the

costs of the appeal.

Justice Hugo L. Black, in giving the Supreme

Court's decision, wrote: "To aid a judge in exer-

cising discretion intelligently, the New York pro-

cedural policy encourages him to consider infor-

mation about the convicted person's past life,

health, habits, conduct and mental and moral

propensities. Modern concepts individualizing

punishment have made it all the more necessary

that a sentencing judge not be denied the oppor-

tunity to obtain pertinent information. We cannot

say that the due process clause renders a sentence

void merely because a judge gets additional out-

of-court information to assist him in the exercise

of this awesome power of imposing the death

sentence."

Justice Frank Murphy dissenting stated: "In a

capital case, against the unanimous recommenda-

tion of a jury, where the report would concededly

not have been admissible at the trial, and was not

subject to examination, I am forced to conclude

that the high commands of due process were not

obeyed."

Williams' execution pieiobably will be delayed

some months by an ee for a rehearing.

Banning of `Nation' Mag.

Again Draws ACLU Fire

Strongly attacking the ban on the "Nation"

magazine by the New York City School Super-

intendent and the Board of Education, the New

York City Civil Liberties Committee and the

ACLU Committee on Academic Freedom released

a brief on June 20 filed with the N. Y. State Com-

"missioner of Education. It stated that "the sup-

pression of the `Nation' is against the interests

_ of our society, which depends for its democratic

survival and continuation upon citizens capable of

critical judgments on controversial issues and

subjects, and which is hurt by restrictions upon

intellectual freedom."

The "Nation" was originally banned by N. Y.

School Superintendent, William Jansen, on June

8, 1948, slowing publlcation of a series of articles

_ on Catholicism by Paul Blanshard which were

considered objectionable. The ban was upheld by

the city Board of Education, and the State Edu-

cation `Commissioner ruled that the case was not

within its jurisdiction. The "Nation" appealed

again to the local Board, and its decision is ex-

pected shortly.

__ In its brief, the ACLU groups warned that the

banning of the "Nation" had established a dan-

gerous precedent which might affect all publica-

tions. The committees held that if the superin-

tendents recognize complaints of all races and

religious groups offended there soon will be little

worthwhile material left in the school libraries.

o..

ACLU Opposes Wire-Tapping

In N.Y. Morals Case

Attacking wire-tapping by New York City

police, the ACLU defended Nancy Choromi and

two other women sentenced last September on

morals charges, when their appeal was argued

June 3 in the Appellate Part of the Court of

Special Sessions.

ACLU counsel Louis Bender, former Assistant

U. S. Attorney, who filed a brief, said that the

Union is concerned solely with the constitution-

ality of "conviction on evidence obtained by wire-

tapping." The women were convicted and given

suspended sentences for "loitering'' on the sole

evidence of a police officer who listened to tele-

phone conversations.

The ACLU lawyer claims that when New York

sanctioned wire-tapping by law in 1988, it vio-

lated an act of Congress. Mr. Bender said that.

"the recent 4-4 vote split of the U. S. Supreme

Court in wire-tapping cases has given consider-

_ able encouragement to wire-tapping challengers,

by indicating that the issue of federal versus state

law in this field is far from settled." :

individuals."

N.Y. City Park Speech Ban C,

Carried to U.S. Supreme Court

Eric Hass, ``Weekly People" editor, convicted

for speaking in a New York City public park

without a permit, will challenge the validity of

the city regulation in the U. S. Supreme Court,

where it will be argued in the fall.

Emanuel Redfield, ACLU attorney who was

counsel for Hass in the lower New York state

courts, will represent Hass in the high court on

his appeal from the N. Y. Court of Appeals.

Hass was arrested October 1, 1948, while mak- |

ing a political speech for the Socialist Labor Party

from a mall in Brooklyn, and given a suspended

sentence. He appealed on the ground that the

regulation requiring a permit deprived him of his

constitutional right of freedom of speech and

assembly without due process of law in violation

of both the U.S. and the N. Y. State Constitutions.

The Supreme Court years ago upheld the right

of cities to require permits for meetings in parks

in the "Boston Common" case, but lawyers had

regarded the decision as over-ruled by the court

in the contest against restrictions by Mayor

Hague in Jersey City. New York requires permits

only for speeches in parks, and for religious

speakers on the public streets. A test of the dis-

criminatory restriction on religious speakers,

backed by the ACLU, is pending on appeal in the

N. Y. courts. .

ACLU Aids Syracuse Student

Jailed for `Abusive' Speech

Irving Feiner, Syracuse University student, will

be aided in appealing a 30-day jail sentence for

making an allegedly abusive street speech, by the

ACLU on the ground that the veteran's right to

freedom of speech was violated.

Feiner was announcing on a residential corner

in Syracuse, N. Y., a last-minute change in the

meeting place where O. John Rogge, former

Assistant Attorney General, was to speak on

March 8, after the school board revoked a permit

for a school building.

Two policemen, the only prosecuting witnesses,

claimed that the student was inciting to riot,

blocking traffic and using abusive language. He

was arrested, held on $1000 bail and refused a jury.

trial by Police Magistrate William H. Bamerick,

who sentenced him to 30 days. He is free on bail

pending the appeal.

While in jail after conviction, Feiner received

notice from Syracuse University that he had been

dismissed. He was a third-year student, a vet-

eran with three years of service, attending college

under the GI Bill of Rights:

The Union stated that "the issue is clear that

the police exceeded their authority in making an

arrest under these circumstances. Feiner and his

witnesses denied the abusive language charged.

It looks as if both the school board's action, the.

arrest and the University's action all stemmed'

from political prejudice against the Progressive

Party. We defend free speech on principle, not as.

partisans, with equal rights for all parties and

( J

Indians Win Equal

Social Security Rights

Navajo and Pueblo Indians in New Mexico and

Arizona won a victory June 17 in their long fight

for social security rights on a level with other

residents. Court proceedings in the District of

Columbia Federal District Court were halted

when Felix Cohen, attorney for the Congress of

American Indians, which filed a suit against both

states, announced that full social security checks

had been mailed to the New Mexico Indians. As

the case proceeded against Arizona, a messenger

from the Federal Security Agency arrived with

an affidavit from Social Security Commissioner

Arthur J. Altmyer stating that the Arizona In-

dians are now receiving social security payments.

Judge Jennings Bailey granted a request to in-

vestigate this development, and if found correct,

charges will be dropped.

The two states had fought against making

these payments in the usual money-matching so-

cial security process, charging that the Indians

are wards of the federal government and there-

fore not their financial responsibility. While the

contest was on in recent years the government

paid the entire cost, at reduced rates, through

special appropriations by Congress.

a: _ MEMBERSHIP GROWS

The Union's local paid-up membership reached

a new high of 1437 last month. At the same time

a year ago, the paid-up membership stood at

1372. In addition, the Union has 249 separate

subscribers to the monthly "News."

Regents Impose Controversial

Oath on U.C. Employees

The California Regents last month imposed a

loyalty oath on all Univ. of California employees -

after consulation with faculty committees from

Berkeley and Westwood. In addition to the oath

of office which appears in the State Constitution,

the new oath declares "that Iam not a member of

the. Communist party or under any oath, or a

to any agreement or under any commitment

that is in conflict with my obligations under this

oath."

An earlier oath, adopted without consulting

the U.C. Faculty, was changed after protests

from the latter. The declaration "that I am not a

member of the Communist party," however, was

not suggested by the Faculty Committee that met

with the Regents, and the new oath was not sub-

mitted for consideration to the Academic Senate

before it was adopted by the Regents. The latter

apparently felt that the Faculty Committee was

-given power to act, although that would not ap-

pear from the record. Normally, it might have.

been expected that the Committee would report

back to the Academic Senate before final action

was taken: by the Regents.

There is some question whether the loyalty oath

violates the State Constitution. After setting

forth the usual oath to support the Constitution,

Art. XX, Sec. 3 goes on to say, "And no other

oath, declaration, or test, shall be required as a

- qualification for any office or public trust." The

question has never been decided as to whether a

U.C. employee holds an "office or public trust."

The oath is also unusual in that it requires the

employee to swear under oath that he is not a

member of the Communist party. After all, the

group is a legal one at this date, so the question

may be raised whether the Regents may require

employees to swear that they do not belong to

other legal groups, say the I.P.P., labor unions,

unpopular sects, etc. Certainly, if the Legislature

had sought to enact such an oath for public em-

ployees, it would be unconstitutional in denying

the equal protection of the laws to Communists

under the 14th Amendment. The problem is

whether the Regents may make such a job re-

quirement when there is no "right" to work for

the government. Off hand it would seem that

"reasonableness."

Another consideration is whether the Regents -

may, without mutual consent, change the condi-

tions of employment of teachers who have tenure.

At this time, it is not known whether the new

loyalty oath will be made part of the teaching

contracts for the school year beginning July 1. It

may be that the loyalty oaths will be submitted

separately. If a substantial group of professors

and employees refuse to sign the oath, we venture

to say that the Regents will be compelled to make

fuyther changes in the oath.

. i ,

ACLU to Fight Richmond, Cal.,

Anti-Picketing Injunction _

When the U. S. Supreme Court next fall hears

- arguments on a decision of the California Su-

preme Court upholding an injunction restraining

picketing to secure proportional employment for

Negroes, the ACLU will file a frief, the ACLU

Board decided on June 20.

The case grew out of the picketing by a left-

wing group before the Lucky Stores in Richmond,

Calif., with signs stating `Don't patronize Lucky

Stores. Lucky won't hire Negro workers in pro-

portion to Negro trade." The California Supreme

Court upheld the injunction on the ground that

the picketing was for an unlawful purpose. The

defendants appealed on the ground that this was

a violation of free speech.

In announcing its decision to enter the case,

the ACLU pointed out that it did not agree with

the object of the picketing but would participate

solely to safeguard freedom of speech.

a ee

House Committee's Text-Book

Inquiry Menaces Academic Freedom

The action of the House Un-American Activi-

ties Committee in investigating college text books

was branded: by the ACLU Committee on Aca-

demic Freedom on June 21 as establishing a `"dan-

gerous precedent of federal interference with .

education." Chairman Eduard C. Lindeman, in a

letter to Rep. John Wood, head of the House

group, said that the House move initiated a pre-

cedent in which the government has no concern, |

"for the only conceivable purpose of the inquiry

is to try to impose on the colleges some notion of

un-Americanism determined by a committee in

Congress. Our colleges are not subject to con-

gressional control or inspection. We trust your

committee by formal action will recall the request

and desist from any consideration of the books

which may be received."

any requirement would be subject to the test of 4 _

' AMERICAN CIVIL LIBERTIES UNION-NEWS

7 Page 3

U.S. Attorneys Ordered

To Register `Objectors'

In an effort to avoid convictions for failure of

conscientious objectors to register, Peyton Ford,

assistant to the Attorney General, on May 26,

authorized all U. S. Attorneys to register non-

registrants when possible. :

A memorandum to the attorneys called atten-

tion to a provision in the Selective Service Regu-

lations reading ". . . if such a man is unable or

refuses to fill out any form in the manner re-

quired, such form shall be filled out by a member

or clerk of a local board or superintendent,

warden, or other law enforcement official, from

information gained by interviewing the delinquent

and from other sources."

The order which followed suggestions to the

Attorney General by the ACLU is applicable to

pending cases. It stated that where prosecution

has been instituted "the U. S. Attorneys and

their assistants are authorized and directed to

register any and all such defendants at any time

during the course of the prosecution when the

registrant either agrees to register or to furnish

the information necessary to complete such

registration."

The circular directed that except in the most.

willful instances, indictments should not be

brought in future cases of religious objectors who

refuse to register.

Kansas High Court Denies

Citizenship to Quaker

Martin L. Cohnstaedt was denied citizenship by

the Kansas Supreme Court on June 11, on the

ground that alien pacifists are not eligible for

naturalization. At the time he applied for citizen-

ship, Cohnstaedt, 32, was teaching at Sterling

College, Kansas. He is a member of the Society

of Friends, and not only expressed his opposition

to non-combatant duty in the Armed Forces but

to work in a defense factory as well.

The Court refused to follow the broad impli-

cations of the U. S. Supreme Court decision in the

Girouard case, decided on April 22, 1946. In that

case, Girouard was willing to perform non-com-

batant duties in the Armed Services. On the

- other hand, the decision specifically overruled the

decisions in the Schwimmer, MacIntosh and Bland

_- cases in which absolute pacifists were denied

citizenship. `

Last April, the U. S. District Court in Iowa ad-

mitted Kenneth E. Boulding, an absolute pacifist,

to citizenship, over the Government's objection.

An appeal was taken but later dropped.

An appeal to the U. S. Supreme Court is being

contemplated in the Cohnstaedt case.

--

Religious Teaching in Cenn.

-Scheol Fought by Union, AJC

A court case to test the right to teach religion

in one public school of Westport, Conn., after

school hours, will be brought by the ACLU and

the American Jewish Congress, Herbert M. Levy,

staff counsel of the ACLU, and Leo Pfeffer, as-

sistant legal director of the AJC, announced re-

cently. :

The attorneys said: "Our organizations are not,

of course, opposed to religious education, but we

do oppose the use of school buildings for the

teaching of any religion. The program adopted by

the Westport school is in direct violation of the

recent decision of the Supreme Court in the Mc-

Collum case. The undisputed facts are that nuns

enter the Saugatuck Elementary School as soon

as the school day is over and teach Catholicism

on the school property. This is precisely what the

Supreme Court held unconstitutional in the Mc-

Collum case."

The ACLU and the AJC took joint action after

Gerhardt E. Rast, Superintendent of Schools, and

John H. Mountain, town counsel, announced that

the program would be continued and that a test

case was welcome.

Pres. Truman Orders Civil

Rule for Guam and Samoa

The long due action to extend citizenship and

civil government to.Guam and Samoa was brought

measurably nearer by a letter from President

Truman to the Secretary of Interior, providing

for the transfer of the islands from naval to

civilian administration. Guam is to be transferred

within a year, Samoa within two or three. Defi-

nite plans are required by September 1.

The President took action regardless of what

Congress may do on the pending bills for civil

administration. Citizenship can be extended only

by congressional act. Action on the administra-

tion bills in Congress, backed by the ACLU,

probably will be deferred until a congressional

committee holds, hearings in the islands after

adjournment. ey

cent War-Bride Held 7 Months on cent

e Prejudicial to U.S.

_subscribed to the tenets and principles of the

Into Country Would and

Valentina Ivanova S. Gardner, 27, the wife of:

an honorably discharged war veteran, has been

detained by the Immigration Service at its de-

tention quarters, 630 Sansome St., San Francisco,

for more than seven months. She was denied

entry into the United States on Nov. 28, 1948, -

on the ground that her entry would be prejudicial

to the interests of the United States. Her case is

now pending on appeal to the Board of Immigra-

tion Appeals in Washington, before whom it was

argued on June 24 by Edward J. Ennis, former

director of the Alien Enemy Control Unit of the

U.S. Department of Justice.

The Union contends that the case should be

sent back for further hearings. At her hearing

before a Board of Special Inquiry last February,

Mrs. Gardner was not represented by counsel, nor

was her husband, a Buffalo, N. Y., resident, pres-

ent to testify in her behalf. The Government con-

tends that Mrs. Gardner is sympathetic with the

Soviet of government, that she has associated

with members of a Soviet consulate, and that she

is the holder of a Soviet passport which implies

adherence to a Communist state.

On the surface, the record in the case is diffi-

cult to understand because it carries statements

by Mrs. Gardner both for and against Soviet

Russia. In preliminary statements given under

oath to the Immigration Service, she was asked

to express her personal opinion of the principles

and aims of the Communist Party. She answered,

"I don't know much about it. I don't think I'd

like it. I wouldn't like to go back-I think I'd be

afraid. Sometimes it seems rough the way they

handle things. I wouldn't like to be there." Again,

she was asked, "What is your position upon the

Communist form of government?' Her answer

was, "As I told you before, it seems so nothing

kind of belongs to you. Everything you work for

is not your own. I think it is very harsh, nothing

to live for."

At her subsequent hearing before a Board of

Special Inquiry, she was asked, "In other words,

after you received your Russian passport you

Demand Retraction of Smear

_ Of Baldwin As `Unemployable'

Demanding an inquiry. "to repair, so far as

possible, the damage done" by the listing by the

Army of ACLU Director Roger Baldwin and

several well-kn university professors as "un-

employable," the 4JCLU Board of Directors on

June 21 told Seer

that the "incident deserves your personal atten-

tion to determine who was responsible for such a

listing and for giving it publicity."

The Board said that the fact that the term

"unemployable" is no longer used "does not de-

tract from the damage done these gentlemen.

We suggest that the record should be cleared of it

in these cases and a public statement made."

The charge against Baldwin is made more

ridiculous because the ACLU Director has visited

both Germany and Japan and Korea to investigate

civil liberties in the occupied zones at the invita-

tion of the War Department.

Ql

Nat. Citizen Denied Entry to

U.S. Because of 5-Yr. Absence

Louis Bernard Lapides last month lost his ap-

peal to the D. C. Court of Appeals to recover his

American citizenship, voided because of volun-

tary expatriation by remaining abroad beyond the

legal limit of five years.

Lapides, born in Austria, was naturalized in

the United States where he remained until 1934

when he went to Palestine. In 1947 he arrived in

New York and was refused entry on the ground

that he had expatriated himself by being away

for more than five years, under a law that did not

exist at the time of his departure. The ACLU

asked reversal of the lower court's decision, hold-

ing that the law was discriminatory, since native- 0x00B0

born citizens may remain abroad indefinitely

without loss of citizenship.

The U. S. court, in dismissing the appeal, de-

clared that the law was not "unreasonable, ar-

"bitrary or capricious," and that Lapides had made

no effort to return to America within the per-

mitted time.

LIBRARY FUND

The Union welcomes contributions to its

"Library Fund," which is used to send the

monthly. "News" to as many public libraries

as possible. If can spare a dollar, why

not sent it to 0x00A70x00A7e Union for a year's sub-

scription to the "News" for some library to

be selected by you or by us.

ry of the Army Gordon Gray

G round Her Entry

Government of Soviet Russia?' Her answer is

given as "Yes." She was then asked, "Do you

believe in the present Russian form of govern-

ment?" Her answer was, "I think so, yes." _

As a matter of fact, Mrs. Gardner did not know

the meaning of the words "tenets and principles."

She asked the Board for an explanation, which

was given to her, but which was not reported in

the record of the case. Consequently, her answer

was in response to the explained question. In an

affidavit filed on her appeal, she claims the Board

told her that the first question meant, "In gen-

eral do you think it (the Russian) is a good gov-

ernment?" She swears she stated she "had never

been in Russia and knew little or nothing about

it; that under the Czar the Russians would have

lost the war, and that she was thankful to them

for helping to win the war."

She also claims she has no recollection of being

asked the question, `Do you believe in the Rus-

sian form of government?" She declared "she has

never been taught about that government and

knows nothing concerning it; and that she is -

certain she never gave the answer `I think so, yes,'

which is credited to her."

Mrs. Gardner's parents are White Russians,

and she was born in Harbin, Manchuria, January

30, 1922. She has never been in Russia. At the

age of 7, she was taken to Japan by her parents,

and has lived there until she arrived in San Fran-

cisco last November,

Her education has been limited. For eight years

she attended a Catholic convent and she learned

typing at the Y.W.C.A. She was employed as a

dental assistant for a couple of years and also

worked as a seamstress. .

On December 9, 1946, she married Henry F.

Gardner in Japan, after a seven-month's court- |

eee resided together in Japan until April

1, 1948.

The charge of association with members of a

Russian consulate spring from her attendance

with her husband at certain public dances where

members of the Russian consulate were present.

In this respect, the Government is making a

- mountain out of a mole hill.

Of course, it is true that about half of the White _

Russians in the Orient applied for Soviet pass-

ports after the Russian successes in the war, but

few have availed themselves of the opportunity |

to return. As Mrs. Gardner stated, "We had heard

that Russia was beginning to be normal and all -

right again, about religion and things." She and

her parents are Greek Catholics. The family ap-

plied for Russian passports in 1944. Mrs. Gard-

ner's parents are still in Japan. a

"Before the Board (of Immigration Appeals) |

concurs in a harsh decision which results in part-

ing a husband and his wife," says a memorandum

filed by Ernest Besig, local director of the Union,

"we respectfully urge that the alien be given an

opportunity to present the facts in her case with -

the assistance of counsel. It seems shocking to

think that on the present ambiguous record the -

Government is prepared to say that this young

woman's entry would be prejudicial to the inter- -

ests of the United States. In fact, the Govern-

ment's position is hardly consistent with the at-

titude taken by the State Department before the -

United Nations where is has protested against -

the refusal of the Soviet Government to allow -

Russian wives to leave their country to join their -

United States' husbands. 4

"Certainly, it cannot be suggested that this |

naive girl is a potential espionage agent. We ven- _

ture to say that the Soviet Government would -

not impose such responsibilities upon a simple,

poorly-educated and inexperienced girl. Moreover,

there is no danger of her joining the Communist

Party in this country . . . she knows nothing about

politics and has utterly no interest or aptitude

for such matters." ;

A similar case of a German war bride, Ellen -

Knauff, will be argued before the U. S. Supreme

Court at the October, 1949, term of court. That

case will, no doubt, interpret the 1945 statute -

under which aliens otherwise admissible may be

excluded without hearings because their entry

would be prejudicial to the interests of the United

States. In the Gardner case, a hearing (such as _

it was), and an appeal to the Commissioner of

Immigration (without notice to counsel), and a _

further appeal to the Board of Immigration Ap-

peals (this time with adequate notice), have been -

allowed.

_ A White Russian woman has also been denied -

entry to the country because her entry would be -

prejudicial to the interests of the U. 8. She has |

been detained in San Francisco since January and -

Is represented by the International Institute be-

cause the ACLU was portrayed to her as a left-

wing group.

i

Page 4

AMBRICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

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

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 2-3255

ERNEST BHSIG............... eeecees-eee ditor

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

Post Office at San Francisco, California,

under the Act of March 3, 1879

- Subseription Rates--One Dollar a Year.

Ten Cents per Copy

ACLU Urges Reform in

Federal Loyalty Proceedings

Urging that future loyalty checks of federal

employees should be confined to "sensitive de-

partments and jobs where a divided or question-

able loyalty is a clear disqualification," the na-

tional office of the ACLU recently addressed

Attorney General Tom C. Clark suggesting a

seven-point program of reforms in the loyalty

procedure. The Union told the Attorney General

that it "of course recognizes the right of the

government to exact unqualified loyalty from its

employees," but that the "practical question of

exercising that right fairly' has not been re-

solved. The Attorney General was addressed as

the President's "legal adviser, concerned with all

phases of the executive order on loyalty."

The seven-point program suggested to the At-

torney General covers:

(1) The confinement of future tests of loyalty

to so-called sensitive areas of the government.

(2) Hearings and reviews on appeal for all em-

ployees in all positions in the government and in

private firms working on government contracts,

whether the charges involve loyalty or security.

(3) Abandonment of the public listing by the At-

torney General of so-called subversive organiza-

tions, or if that is impracticable, to accord hear-

ings to all organyations claiming error. The

_ Union asserted that the lists are used "far be-

_ yond their intent" to create general discrimina-

tion against these agencies. (4) Full revelation of

charges and sources of information so that em-

ployees accused may meet them. (5) Permission

for employees found unfit for "sensitive posts" to

transfer to non-sensitive. (6) Bringing under the

loyalty procedures the four departments of the

government now exempted by law-State, Army,

_ Navy and Atomic Energy-where "most of the

_ discharges have taken place." (7) Abandoning

the practice of new loyalty checks on employees

once cleared, when they transfer from one de-

partment to another. `

fstar Chamber Procedure for

S.F. Drunks Draws Criticism

An announcement that the cases of San Fran-

cisco drunks would be heard in prison drew a re-

minder from the A.C.L.U. last month that all per-

sons arrested are entitled to public trials.

Under a proposed rehabilitation plan, instead of

bringing all arrested drunks to the court room for

disposition of their cases, they would be assembled

in the show-up room in the City Prison. There, a

weeding out process would take place. Those not

ordered released would be taken down stairs to

the court room for further consideration of their

cases,

_Of course, this procedure flies in the face of the

requirements of Art. I, Sec. 18 of the State Con-

_ stitution which provides that "In criminal prose-

cutions, in any court whatever, the party accused

__ Shall have the right to a speedy and public trial."

Virtually the same language is contained in Sec.

686 of the California Penal Code.

_ San Francisco's $50,000 rehabilitation program

-151 a

for drunks, of which the foregoing weeding out

process is a part, will go into effect on J uly 1. No

doubt the motives behind the new procedure are

commendable, but it is desirable for all concerned

that court proceedings be held in the open where

the public may see what is going on. Even though

the Judge limits his action to dismissing deserv-

ing cases, he would always be open to the criti-

cism of playing favorites or other unfairness. The

Court, the defendant and the public are all pro-

tected by public trials,

The problem is expected to be disposed of after

a new appointee to the bench, Judge Wineberger,

who will sit in the particular department, takes

office.

a _)

BOOKNOTE

AMERICANS BETRAYED; by Morton Grod-

zins, asst. professor of political science, Univ. of

U. of C. Press; 374 pages and appendix;

Chicago.

$9.00. The documented and arresting story of

the pressures responsible for the unprecedented

war-time military evacuation from the Pacific

Coast of an entire racial minority-the Japanese.

A fair and discriminating study, it is devastating

in its indictment of the surrender of civil liberties

to an imagined military necessity.

Shockingly Unfair Procedures Followed

In Northern Calif. Federal Loyalty Cases

(Continued From Page 1, Col. 3)

It was alleged that the employee gave permission

for this newspaper to be published on Government

mimeograph paper on a Government machine

both during and after official Federal working

hours. Fellow employees testified that no such

paper was circulated on the project and that no

Communist meetings were advertised in any of

the two housing project papers.

The departmental Loyalty Board seemed to be

somewhat interested in securing comments about

an employee who had been fired by the respond-

ent for cause, so it seems likely that this person

gave false testimony to investigators for which

he will never be called to account. Today, fed-

eral employees are particularly vulnerable to such

spite reports and nothing much can be done about

it unless the procedures are changed to require an

employee to be confronted with his accusers.

U. C. Student Denied Hearing

How unfairly the Government's loyalty pro-

gram can operate is shockingly exemplified by

the case of a University of California social wel-

fare student assigned to the Veterans Administra-

tion for student training. This "employee" (he

received no compensation) was served with

charges on May 26, just five days before he was

REQUIRED to resign from the program because

of the end of the school year. Since he was no

longer an "employee," the Veterans Administra-

tion Loyalty Board declared they no longer had

jurisdiction in the case, and,,therefore, could not

grant him the hearing to which he is entitled

under the regulations of the Loyalty Review

Board. In other words, by delaying the filing of

the charges, the departmental loyalty board ef-

fectively divested itself of jurisdiction of the case.

The charges will continue to hang over this stu-

dent's head until he again receives a Federal ap-

pointment.

This case is also noteworthy for careless in-

vestigation on the part of the over-rated FBI.

The "employee," a war veteran holding an honor-

able discharge, is charged with being acquainted

with certain listed persons who are alleged to be

Communists. These persons were either employed

on the same jobs with the respondent or they

were fellow members of the "Young Democrats."

One of the alleged Communists, however, was re-

ported to be a member of the: National Negro

Congress, which is on the Attorney General's

subversive list. An investigation disclosed that

the alleged Communist had belonged to the Na-

tional Negro Congress in 1935 when A. Phillip

Randolph was its chairman, but had withdrawn

along with Mr. Randolph when the Communists

secured control of the organization. Her only

contact with the "employee'was for about one

hour when he visited her, i@ the course of his

public employment, in connection with an em-

ployment program for indigent Negro girls.

Case of a Rushed Hearing

How dangerous it is to rely upon the advice

of those who are carrying out the Federal loyalty

program is illustrated ny the case of a clerk-

typist at the Presidio who has been suspended

from her job. Only three days after answering

so-called interrogatories, her loyalty hearing was

held. She pointed out to the secretary of the

Regional Loyalty Board that she had had no

opportunity to secure counsel, affidavits or wit-

nesses. The secretary of the Board depreciated

the value of the affidavits and witnesses and told

her it would be time enough to secure an attorney

if an appeal became necessary. Ordinarily, at

least 10 days' notice of a hearing is given by the

Board. In this case, however, the Board had an

open date so the case was rushed to a hearing.

The Board found that reasonable grounds existed

for believing that the girl was disloyal, and she

was ordered relieved of her job. At that point,

the Union's help was secured and the Board,

which is an unusually fair one, agreed to a new

hearing before a new panel on July 6.

The facts of the foregoing case are of particular

interest because they reveal the meaning of dis-

loyalty, at least as far as Clarence E. Pattey, Mrs.

Ruth Scheer and Judge Bradford Bosley, the

three panel members, are concerned. At the age

of 19, over a two-months' period, the employee

became involved with a "Provisional Youth Com-

mittee," which evolved into the "American Youth

for Democracy," attending the New York con-

vention when the latter group was formed. Her

experience was typical of the way in which "inno-

cents" often become entangled with Communist

fronts. The girl was also charged with using as

job references the names of two persons who are

now alleged to be Communists. One of these men

was her family dentist. The final charge against

her was that she attended a public meeting in

1945 at which William Z. Foster was the speaker.

The ironic thing about this case is that the girl

has belonged to either the "Students for Demo-

cratic Action" or the "Americans for Democratic

Action" (non-Communist groups) during the past

couple of years, and that she served honorably in

the Spars.

Case of Ex-Communist

We have the case of an ex-Communist, a nurse

who belonged to the Party for eight months in

1947. While admitting the charge she denies she

was disloyal. She claims the Party denied that

it advocated the violent overthrow of the Gov-

ernment or that it had any connections with any

international group. We venture to say that this

girl had no conception of Communism when she

joined the Party and that she learned very little

about it during her brief membership. She knows

nothing about economics or politics, and she has

no real interest in these subjects. A friend of hers

influenced her to join the Party, but there was

certainly no element of disloyalty in connection

with her membership. She was ordered dismissed

on June 27. An appeal will be taken.

Sometimes employees wait many months for

decisions in their loyalty cases. For example, on

September 30, 1948, three postal employees were

served with charges. They had to wait about

four months for their hearings to be held. Thus

far, they have waited another five months for

decisions in their cases. Such long delays in

handling loyalty cases is inexcusable. Justice

requires prompt decisions. ae

_ Flagrant Case of Delay

The most flagrant example of delay in dispos-

ing of a loyalty case involves a Negro aircraft

mechanic at the U. S. Naval Air Station at Ala-

meda. On August 18, 1947, he was served with

charges. He admitted membership in the Com-

munist Party for two months in 1947. As a

stranger in his community the Communists be-

friended him, invited him to entertainments and

dances. Upon joining the Party, however, he was

bored with their meetings and not interested in

their program, so dropped out. Nevertheless, the --

Loyalty Board sustained the charges against -

him. The Board's decision was upheld by the

Secretary of the Navy. In April of 1948 the em-

ployee was informed that he had a further right

of review by the Loyalty Review Board of the

United States Civil Service Commission. He took

advantage of this right of appeal and asked for

the privilege of a personal appearance before the

Loyalty Review Board in Washington. On June

18, 1948, the Board advised the American Civil

Liberties Union that it had requested the Fed-

eral Bureau of Investigation to conduct a further

investigation, and that action in the case would

be held in abeyance until they had a report from

the FBI. From time to time, the Union has

checked with the Board as to the status of the

case. Under date of June 15, 1949, the Union

was advised that "to date the investigation has.

not been completed."

Successful Appeal

A short time ago, the Union successfully ap-

pealed another case arising at the U. S. Naval Air.

Station in Alameda. In that case, an employee

came to the Union after his hearing before the

Loyalty Board at which he had no representa- -

tion by counsel. No adequate defense had been

made to the meager charges, and the Board was -

apparently more interested in "convicting" than

in securing the facts. On the appeal, voluminous

affidavits and a memorandum were filed by the

Union and favorable action resulted. eo

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