vol. 17, no. 1

__ American

Civil Liberties

Union-News

Free Press

Free Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVII

SAN FRANCISCO, CALIFORNIA, JANUARY, 1952

Union Handles Many Coast

Guard Screening Cases

During the past six months the ACLU has

intervened in nine Coast Guard security screening

cases in San Francisco. In a tenth case, the mel-

ancholy procedure is starting all over again. The

man was cleared last August 16 after a hearing.

On December 7, however, he was advised that he

was no longer eligible for access to waterfront

facilities and was required to turn in his "Coast

Guard Port Security Card." A new hearing will

have to be held in the case.

Also, since last July 1, seven favorable and

five unfavorable decisions have been received.

The unfavorable decisions are not final. In one of

the cases, a new hearing will be held before a tri-

partite hearing panel in San Francisco. In a sec-

ond ease, the wire recording of the hearing is so

fouled up that another hearing will have to be

held in order to secure a transcript of the testi-

mony. In the remaining three cases, appeals are

being taken to the National Appeal Board in

Washington, D. C.

One of the cases now on appeal involves a man

of 64 who is a naturalized citizen. It is difficult

to figure out the basis for screening in his case.

The man's political activity was limited to the

Socialist Party. Of course, he was at one time

active in the Mooney Defense, and, prior to 1940,

contributed to the Joint Anti-Fascist Refugee

Committee. Maybe that makes him a poor security

risk.

The Union is still awaiting decisions in three

cases in which hearings were held by tri-partite

boards last July and August. A complaint from

the Union about the slow procedure brought the

response from the Commandant that "Further

investigation has been required," in these cases.

In one of them, however, the Union learned that

the Chairman of the hearing board had inadvert-

ently walked off with the file in the case and this

fact had only been discovered recently. The Union

is also awaiting decisions in seven cases in which

hearings were held some time during the past

four months.

Since January, 1951, over five hundred mari-

time employees in the San Francisco area have

been screened by the Coast Guard as security

risks. During that period, the ACLU has been

involved in one way or another in 39 cases. The

Union has no figures on how many persons orig-

inally screened are ultimately cleared.

Student Freedom at U.C.

The ACLU of Northern California has

strongly urged Dr. Robert G. Sproul, Presi-

dent of the University of California, to revise

Rule 17, regulating the appearance of outside

speakers on the campus. The following state-

ment, growing out of the refusal of the Univer-

sity to permit Max Schachtman to speak on the

campus, was adopted by the Union's Executive

Committee and sent to Dr. Sproul:

Obviously a major responsibility of the Uni-

versity of California is to inculcate in its stu-

dents the American constitutional principle of

free speech and free inquiry. Equally obvious is

the fact that such inculcation cannot be effec-

tive while the University itself censors (on po-

litical grounds) views and persons that may be

heard within its walls. This censorship has

been, on occasion, exercised in a fashion arbi-

trary and shocking to freedom-loving citizens.

Believing as it does in the principles of the

Constitution, in the power of truth, and in the

will of young Americans to recognize and reject

attacks on either, the American Civil Liberties

Union of Northern California strongly urges

revision of Rule 17 in such fashion as to guar-

antee full freedom of responsible students and

faculty to hear on the campus whatever speak-

ers on whatever topics they desire.

Anti-Rhee Korean Wins Stay of "Death-

Sang Rhup Park, 42-year-old, anti-Syngman

Rhee Korean, will be given a hearing by the Im-

migration Service in San Francisco on January 5

for the purpose of presenting evidence to show

that he will suffer `physical persecution"' if he is

deported to South Korea. Such a proceeding is

authorized by the McCarran Act which provides

that "No alien shall be deported under any provi-

sions of his Act to a country in which the Attorney

General shall find that such alien would be sub-

jected to physical persecution."

Park was scheduled for removal to Korea on

an Army transport, and almost certain death, on

December 11. On December 7, however, the ACLU

intervened in the case. It put through a telephone

call to W. F. Kelly, Assistant Commissioner of

Immigration in Washington and arranged a stay

of deportation to allow a hearing on Park's claim

that he would suffer "physical persecution" if

sent to South Korea.

Park was taken into custody for deportation on

November 29. He was previously free on $500

bail, but the Immigration Service has refused to

release him pending settlement of his case.

Park has been English editor of Korean Inde-

pendence, a weekly Korean English paper, pub-

lished in Los Angeles. That paper has been accused

of being pro-Communist and an active supporter of

the North Koreans in the present war. Park denies

he is a Communist and the Immigration Service

is not seeking to deport him on political grounds.

He is charged merely with intending to stay here

permanently at the time of his entry as a student.

There is no question, however, that Park is in

sharp disagreement with the Rhee government.

During the course of his deportation hearing he

charged that that government is supported by

"a minority of rich land owners" who collaborated

with the Japanese when the latter ruled the coun-

try. He claimed that 100,000 Korean people "who

were fighting for Korean independence have been

massacred'"' by the Rhee government "during the

N. Y. Regents Propose

Daily Prayer in Schools

The American Civil Liberties Union last month

announced its opposition to the recommendations

of the New York State Board of Regents that each

school day should begin with a prayer. It urged

the New York City Board of Education to hold

public hearings before acting on the Regents'

proposal and asked that it be given an opportunity

to present its views.

In a letter to Maximillian Moss, president of

the Board, ACLU Exectitive Director Patrick

Murphy Malin and the Rev. John Paul Jones,

chairman of the NYCLU, said: "The Union be-

lieves that the proposed non-denominational

prayer falls within the ban of the First Amend-

ment as interpreted by the U. 8S. Supreme Court

that `neither a state nor the federal government

can set up a church. Neither can pass laws which

aid one religion, aid all religions, or prefer one

religion over another,' as stated in the McCollum

case."'

Malin and Dr. Jones emphasized that the ACLU

and the NYCLU have no objections to programs

devoted to spiritual teaching, "and we have ac-

tively defended religious freedom. But we insist

that such teaching cannot be carried on in public

schools without interpretation, which in its turn

must inevitably lead to the expression of sectarian

points of view. Our opposition to the proposal

of the Regents is not in opposition to the teaching

of religion. But it is the belief of the Union that

the teaching of our spiritual heritage, through

prayer and special programs, is the function of

religious leaders and of parents and not the proper

function of public school teachers conducting

classes in a public school supported by public

funds."

Order to South Korea

last four years," and that others are in jail "sim-

ply because they are asking for complete inde-

pendence and unification of Korea." "In Northern

Korea," said Park, "there are both Rightists and

Leftists and these people believe in the unification

of Korea. In that respect from my picture of the

conditions I am favorably inclined toward North

Korea. Because of the political program which

is going on in North Korea they are succeeding.

The main problem of the Korean people is the

`problem of subsistence ... Without redistribution

of land the Korean people cannot live."

Such sentiments would hardly endear Park to

the Rhee regime. Roger N. Baldwin has just sub-

mitted an affidavit in the case in which he says

that Park "would undoubtedly be regarded by the

South Korean government as a Communist, and

would be subject to imprisonment and either a

long sentence or execution. The law, I believe,

provides for capital punishment in serious cases.

There is no doubt that a man associated with this

paper, which takes the side of the North Korean

government, would be treated as an enemy, if not

a traitor."

Park came to the United States as a student

on August 26, 1937. His wife and son, now seven-

barn ed om ao dlep

wren aro

teon yoars old, remained in Keres axa presetly

reside about 50 miles south of Seoul. Prior to com-

ing here, Park had been employed by the Seoul

Press, an English language daily, as reporter and

translator from 1928 to 1937.

Park attended Ohio Wesleyan from 1937-1941,

and after graduation took additional work for

several months at Boston University. He translat-

ed a Japanese book which was published by Little

Brown Publishing Co. in 1942 under the title"

"How Japan Plans to Win." Then, after working

for the Immigration Service as a translator at

Bismark, North Dakota, he founded the news-

paper Korean Independence in 1943 and continued

as editor until 1947. After a lapse of two years

he again became associated with the paper as

English editor.

Massachusetts Outlaws

Communist Party

In the first state action of its kind, the Massa-

chusetts Legislature declared the Communist Par-

ty a subversive organization and unlawful. Any

person who remains a member of it knowing it to

be subversive may be punished by a fine and im-

prisonment up to $1,000 and three years in jail.

Massachusetts thus became the first state to

outlaw the Communist Party by name. The bill

also makes any other organization of three or more

persons associated for the common purpose of ad-

vocating the violent or unlawful overthrow of the

state or federal governments a subversive organi-

zation, and requires the state Attorney General to

bring an action in court against any group he has

reasonable cause to believe is subversive. If the

court finds the group subversive, it may order it

dissolved and all its assets are turned over to the

state. Continued membership in a group known to

be subversive is punishable in the same way as is

membership in the Party. Any person convicted of

a violation of the act cannot hold public office or

be a teacher, although after five years a person's

disability can be removed if a court adjudges him

to be loyal. The law also makes it a criminal offense

to knowingly permit a meeting place to be used by

the Communist party or by a group ruled subver-

sive. Contribution of money or other property to

a group known to be subversive is also punishable.

The Communist Party and other groups ruled as

subversive are barred from the ballot. Candidates

nominated by such groups may run for office, al-

though they may not use the name of the Commun-

ist Party or other political organizatioris in their

political designation.

Page 2

Supreme Court Asks Questions

In U. C. and Other Oath Cases

Under date of November 28 last, the Clerk of the

California Supreme Court sent to the attorneys in

the various loyalty oath cases pending before that

court certain questions which it wants answered

on or before January 15, 1952.

There are three sets of questions. The longest

set is in the University of California case. The

questions are as foilows:

I. What persons in public service, state or local,

come within the scope of the provision of section 3,

article XX of the state Constitution: "And no

other oath, declaration, or test shall be required as

a qualification for any office or public trust?"

Does the quoted provision apply to any persons

who are not required by section 3 to take the con-

stitutional oath?

II. In what respect is there any substantial dif-

ference between the oath prescribed by section 3

of article XX and the statement required by the

Regents of the University?

Iil. Are the recent decisions in the United

States Supreme Court, in particular Garner Vv.

Board of Public Works, 341 U.S. 716 and Dennis v.

U. S., 341 U. S. 494, decisive upon the questions

raised with respect to the federal Constitution,

including bill of attainder, ex post facto law, free

speech and right of assemblage, due process, and

self-incrimination and exaction of confession by

coercion ?

IV. What is the meaning of the statement re-

quired by the Regents that "I have no commit-

ments in conflict with my responsibilities with re-

spect to impartial scholarship and free pursuit of

truth 2"

Is this provision subject to an interpretation

which would cause it to operate as a political or

sectarian test?

V. Does the required statement "I am not.a

member of the Communist Party" constitute a

political test? If so, may the Regents properly re-

quire it as a condition ot employment?

VI. May this court take judicial knowledge that

the Communist Party advocates the overthrow of

government by force or violence, or that member-

ship in the party would otherwise render a person

untit to serve on the faculty?

VII. Did the action of the Regents in singling

out the Communist Party in the required state-

ment amount to a legislative declaration that its

members advocate the overthrow of government

by force and violence, or that they are otherwise

unfit to serve on the faculty?

Only the first three questions were asked in the

Levering Act and County of Los Angeles oath

cases, and in each instance the second question is

different. In the Levering Act cases the court

wants to know whether the present constitutional

oath differs substantially from the Levering Act

oath. And, in the Los Angeles county case, the

court asks whether the county oath differs sub-

stantially from the present constitutional oath.

The U.C. and Levering Act cases arising in

Northern California were argued before the Su-

preme Court last June 27. The remaining cases

were argued in Los Angeles last October 1.

Peekskill, N. Y., Riot

Laws Unconstitutional

The Peekskill riot ordinances passed by the town

of Cortland, N.Y., have been declared either partly

or wholly unconstitutional by Justice Robert

-Doscher of the Supreme Court of Westchester

County.

Cortland was the scene of the Peekskill riots,

which followed the attempted appearance on two

occasions in 1949 of singer Paul Robeson. The two

ordinances were passed by the town council in the

fall of that year, shortly after the riots, to fore-

stall similar troubles in the future.

The American Civil Liberties Union brought the

ordinances to court on the ground that they were

unconstitutional.

The first ordinance required that an application

for a permit be made seven days before a parade,

demonstration, or gathering was to be held.

Justice Doscher ruled this ordinance unconstitu-

tional on the ground that it set no standards for

the issuance or denial of a permit. He pointed out

that "the grant of such uncontrolled discretion

invades constitutional rights."

The second ordinance-the `"Prohibitory Ord-

inance"-forbade acts that disturb the public

peace and quiet by causing consternation and

alarm.

The court agreed with ACLU that the part of

this ordinance outlawing assemblies for the pur-

pose of breaking down law enforcement, or of

fomenting schemes and plans for this purpose,

was unconstitutional.

"Tt ig almost impossible to envisage where the

heritage of protest ends and the violation of this

ordinance begins," said the court. Justice Doscher

thought that the ordinance might be made to apply

to a "group of citizens standing on a street corner

AMERICAN CIVIL LIBERTIES UNION-NEWS

A national commission to study the problem of

maintaining national security without forfeiting

liberty was urged last month by the American

Civil Liberties Union.

In a statement marking: the 160th anniversary

of Bill of Rights Day, December 15, ACLU Execu-

tive Director Patrick Murphy Malin said that

"such a commission-sponsored preferably under

government auspices, but, if that is impossible, by

a non-partisan public organization-is an urgent

necessity. Our citizenry must have the full facts

about this problem and considered proposals for

maintaining the traditional balance between free-

dom and security."' Malin stressed that the need

for the commission was made imperative because

of the demise of the Nimitz Commission on Inter-

nal Security and Individual Rights, appointed by

President Truman to review the problem, but

abandoned because of congressional opposition.

Malin declared the nation is faced with a crucial

question: "How are we to preserve America's Se-

curity from the threat of Communist totalitarian-

ism and at the same time retain the freedom that

has made our nation the dream of oppressed peo-

ple all over the world for 170 years?" The ACLU

statement said that the answer lay in "faithful

observance of the Bill of Rights, limited only by

the most compelling security needs."

Malin warned that the "pendulum has swung so

far toward the security side of the scale that free-

dom is endangered.'' He pointed to the growth of

loyalty oath programs, the rise of private pressure

groups who are wielding powers of censorship, the

failures of congressional committees to observe

scrupulously the rules of due process in their in-

vestigations, pressures on teachers' and students'

opinions and education materials and efforts to

break down the barriers between church and

state as.examples of the trend."

The observance of Bill of Rights Day in New

York City was marked by a statement by the

city's top officials that the dual challenge of secu-

rity and freedom must be brought down to the

local level-``to our own city, our own boroughs,

New York Ban on Magazines

Protested by Union

License Commissioner Edward T. McCaffrey's

"completely arbitrary" action in banning from

1,200 New York newsstands five magazines con-

taining photographs of nudes brought protests

last month from the New York Civil Liberties

Union.

The Union termed the ban ``a violation of the

rights of free speech as well as of due process of

law" in the absence of a hearing and a judicial rul-

ing on whether the publications are obscene.

"We call upon you to reconsider your decision

and permit freedom to function on the newsstands

once again," the local affiliate of the American

Civil Liberties Union said in a letter to McCaffrey.

It was signed by the Rev. John Paul Jones, chair-

man, and Osmond K. Fraenkel, counsel, of the

organization.

McCaffrey banned the publications because, he

announced, the Department of Licenses advisory

committee agreed unanimously that they were

"objectionable to the morals of the people."

Barred from newsstands under the department's

jurisdiction were three nudist magazines and two

pocket-size booklets containing photographs of

nude women.

L.A. Smith Act Defendants

Go Free on Sharply Cut Bail

The Ninth Circuit Court of Appeals last month

reduced the bail of 14 Communists who are being

prosecuted in Los Angeles under the Smith Act.

The 15th defendant has been released on her own

recognizance because of illness.

The Court first reduced the bail of six of the

defendants to $10,000 and five others to $5000.

Bail had originally been set at $50,000, which the

Supreme Court held to be excessive because no

ground had been shown for such high bail. After

hearings, Judge William Mathes of Los Angeles,

again refused to reduce the bail. The reduction of

bail by the Court of Appeals then followed.

Judge Mathes next heard the petitions for re-

duction of bail of the three remaining defendants,

and, despite the action of the Court of Appeals in

the other cases, he refused to cut the bail, writing

a bitter opinion. The Court of Appeals then swiftly

reduced the bail in these cases to $5000, promis-

ing an opinion at some time in the future.

and deciding to breach the provisions of a burde-

some tax ordinance."

"Such dragnets," he asserted, "must be declared

void."

our own homes. We must .. . private citizen,

elected and appointed official, civil servant, dem-

onstrate to the world that we understand that

challenge, and that in our effort to preserve the

security of the democratic world, we will not seri-

ously sacrifice our hard-earned liberty."

The statement was issued by Mayor Vincent R.

Impelliterri, City Council President Rudolph Hal-

ley, Majority Leader Joseph V. Sharkey and Mi-

nority Leader Stanley Isaacs at a ceremony at the

Mayor's office in City Hall where a contribution of

$25,000 from the estate of the late Florina Lasker,

civic and social worker, was made to the New

York Civil Liberties Union and its parent body,

the American Civil Liberties Union, for the expan-

sion of civil liberties work in New York City and

other parts of the country. The presentation was

made by Miss Lasker's sisters, Miss Loula D.

Lasker and Mrs. Samuel J. Rosensohn, to Ernest

Angell, chairman of the ACLU Board of Directors,

ACLU Executive Director Patrick Murphy Malin,

and the Rev. John Paul Jones, chairman of the

New York civil liberties group.

In their statement the city officials declared:

"We can make our freedom a living example to all

nations and all peoples by understanding the four-

fold meaning of the Bill of Rights and upholding it

in our daily lives. Freedom of religion, freedom of

inquiry and expression, due process of law, equal-

ity of all men-these are the gifts of our Bill of

Rights, to be shared faithfully at home, at work,

at worship, in our schools, in the complex city

administration under which we live.

"And we must do this not only because of its

importance to our security, but because these

principles form the democratic way of life in our

city and our nation.

"For that reason we are happy to note-so ap-

propriate at the time of Bill of Rights Day-the

incorporation of the New York Civil Liberties

Union, a nonpartisan group, under the leadership

of some of our city's outstanding lawyers, teach-

ers, clergymen, business and labor figures and

writers. With the generous aid of a grant of $25,-

000 from the estate of the late Florina Lasker,

the NYCLU will be immeasurably strengthened

in its efforts to bring home to all of us anew the

far-reaching meanings of the Bill of Rights." ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Inquiry to Determine Whether

sible Classes Are Sectarian

The ACLU of Northern California last month

asked the San Francisco Superintendent of Public

Schools to furnish it with information concerning

the operation of certain Bible clubs in the public

schools. The inquiry resulted from a complaint the

Union received that a Bible study class at Galileo

High School, which meets once a week before

school, is sectarian in its nature. The King James

version of the Bible is said to be in use and its

study is said to be from a Protestant point of view.

A-Protestant teacher is said to be the leader of the

group. The club operates as a school activity with

the approval of the principal. Similar groups are

said. to meet in other schools and are banded to-

gether as the "Christian Student Association."

Following the Union's request for information,

the Superintendent appointed one of his assistants

to conduct an investigation and the Board of Edu-

cation will be given a report on the subject at its

January 8 meeting.

Under Article IV, Section 30 of the California

Constitution school districts are forbidden from

granting "anything to or in aid of any religious

sect, church, creed or sectarian purposes..."

Airline Halts Discriminatory

Reservation Practices

As the result of a complaint brought by the

American Jewish Congress, American Airlines has

agreed to stop marking reservations with a code

number designating passengers as Negroes.

The complaint was filed on information received

from a discharged ticket agent, Gabriel Gladstone,

who had worked at LaGuardia Field in New York

City. Gladstone, according to AJC, was discharged

three hours after having refused to place the code

number (H-111) on "the phone reservation of a

woman with a southern accent." |

AJC took the matter to the Queens District At-

torney's office, charging that American Airlines

was violating Section 40 of the New York State

Civil Rights Law, which forbids discrimination `by

any place of public accommodation.

After a meeting with the district attorney,

American Airlines agreed to remove the code de-

signation from its training manual. Its purpose

had been to guide stewardesses in seating Negroes

next to each other. The district attorney is send-

ing warnings about this practice to other airlines.

LET Fi

Elizab

The ACLU of }

received a contril

Elizabeth Salz Cu

and Mrs. Ansley Kk

last November.

Separatio

..The Executive

Northern Californi

two issues involv

State. First, it ve

grant tax exempt

ground that it end:

and State. This ref

people at the nex

1952, unless the G

before then. Secon

posed the Presiden

dor to the Vatican

Screen

The Communist

in Berkeley. On De

parents of Jeffers

defeated a resolut

units to exclude

"any identifiable `

organization."

Cic

Seven. officials :

of Cicero, Illinois,

jury last month -

Harvey E. Clark,

ing an apartment |

Henry J. Sand

Council, Erwin k

Nicholas Burkos,

on two counts ch

vent any Negroe

property in Cicero

part as officers "

Township to deny

the apartment th

first count with 71

Fire Marshal, and

geant Roland Bra:

and Frank Janice!

Diserir

An amicable set

in the San Pablo, |

racial discriminat

school children fy

homes to a more "

A temporary re

by Federal Judge

action has now be

trict has agreed t

school near their |

The matter w:

Landisman of Ric

195

The 1950-51 am

Liberties Union

published and dist

early in January

because of the p

The Union intend

lish its next annu

ACLU Ent

in Academ

ACLU's Acade

last month to ste

a schoolteacher w

he lived up to w!

teacher, William

School, Gregg Tc

Jehovah's Witnes

Lewis' firing fusal to salute th

giance, both of

There was no ev

refused to have |

He merely woulc

stand at attentio

Lewis was for

trustee after a se:

authorities made

or to give Lewis 1

Superior Court .

called the mob a

nity." Brennan p:

cepts of any indin

sidering his equ

law."'

Lewis is appe

trustee to the Cc

. private citizen,

ivil servant, dem-

. understand that

rt to preserve the

1, we will not seri-

iberty."

Mayor Vincent R.

lent Rudolph Hal-

Sharkey and Mi-

a ceremony at the

e a contribution of

te Florina Lasker,

made to the New

1 its parent body,

ion, for the expan-

ew York City and

. presentation was

s, Miss Loula D.

sensohn, to Ernest

30ard of Directors,

ick Murphy Malin,

, chairman of the

officials declared:

ying example to all

`standing the four-

ts and upholding it

sligion, freedom of

cess of law, equal-

`ifts of our Bill of

at home, at work,

the complex city

live.

nly because of its

aut because these

way of life in our

py to note-so ap-

F Rights Day-the

rk Civil Liberties

der the leadership

ng lawyers, teach-

labor figures and

of a grant of $25,-

te Florina Lasker,

ably strengthened

all of us anew the

ill of Rights."

1e Whether

sectarian

ifornia last month

intendent of Public

"mation concerning

clubs in the public

om a complaint the

idy class at Galileo

ice a week before

`e. The King James

) be in use and its

stant point of view.

be the leader of the

school activity with

Similar groups are

and are banded to-

nt Association."

st for information,

ne of his assistants

| the Board of Edu-

n the subject at its

0 of the California

ie forbidden from

id of any religious

1 purposes..."

iminatory

ices

nt brought by the

nerican Airlines has

vations with a code

s as Negroes.

aformation received

, Gabriel Gladstone,

, Field in New York

JC, was discharged

ed to place the code

ne reservation of a

Queens District At-

American Airlines

he New York State

Is discrimination by

ution.

" district attorney,

remove the code de-

nanual. Its purpose

s in seating Negroes

ct attorney is send-

ice to other airlines.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

LET FREEDOM RING

Elizabeth Salz Cummings

The ACLU of Northern California last month

received a contribution of $100 in memory of

Elizabeth Salz Cummings, the daughter of Mr.

and Mrs. Ansley K. Salz, who died in Mexico City

last November.

Separation of Church and State

..The Executive Committee of the ACLU of

Northern California last month took a position on

two issues involving separation of Church and

State. First, it voted to oppose the measure to

grant tax exemption to private schools on the

ground that it endangers the separation of Church

and State. This referendum will be voted on by the

people at the next general election, November,

1952, unless the Governor calls a special election

before then. Second, the Executive Committee op-

posed the President's appointment of an ambassa-

dor to the Vatican on the same ground.

Screening P.T.A. Members

The Communist hysteria has reached the P.T.A.

in Berkeley. On December 5 by a vote of 83-78 the

parents of Jefferson Elementary School children

defeated a resolution to permit California P.T.A.

units to exclude from membership members of

"any identifiable Communist or Communist front

organization."

Gicero Indictments

Seven. officials and employees of the Township

of Cicero, Illinois, were indicted by a special grand

jury last month for their actions in preventing

Harvey E. Clark, Jr. and his family from occupy-

ing an apartment in lilywhite Cicero, last summer.

Henry J. Sandusky, President of the Town

Council, Erwin Konovsky, Chief of Police, and

Nicholas Burkos, Town Attorney, were indicted

on two counts charging, one, conspiracy to pre-

vent any Negroes from occupying and owning

property in Cicero and, two, illegal action on their

part as officers of the law and officials of the

Township to deny the Clarks the right to occupy

the apartment they' had rented. Indicted on the

first count with them were Theodore Wesolowski,

Fire Marshal, and on the second count police ser-

geant Roland Brani and patrolmen Frank A. Lang

and Frank Janicek.

Discrimination Case Settled

An amicable settlement was reached last month

in the San Pablo, California, controversy charging

racial discrimination in the transfer of 35 Negro

school children from a modern school near their

homes to a more distant, older school.

A temporary restraining order had been issued

by Federal Judge Oliver J. Carter, but the court

action has now been dropped since the School Dis-

trict has agreed to allow the children to attend the

school near their homes.

The matter was handled by attorney Joseph

Landisman of Richmond.

1950-51 Annual Report

The 1950-51 annual report of the American Civil

Liberties Union of Northern California will be

published and distributed to the ACLU mailing list

early in January. This report has been delayed

because of the pressure of civil liberties issues.

The Union intends to make a special effort to pub-

lish its next annual report by October of 1952.

ACLU Enters "Witness" Case

In Academic Freedom Dispute

ACLU's Academic Freedom Committee voted

last month to step into an Indiana case involving

a schoolteacher who was fired from his job because

he lived up to what his religion taught him. The

teacher, William Lewis, was principal of the Hall

School, Gregg Township, Ind.; he is a member of

Jehovah's Witnesses.

Lewis' firing was mainly the result of his re-

fusal to salute the flag and give the pledge of alle-

giance, both ef which are against his religion.

There was no evidence that Lewis prevented or

refused to have the flag salute in his classroom.

He merely would not lead the salute, but would

stand at attention during it.

Lewis was forced out of his job by the acting

trustee after a series of mob demonstrations. Local

authorities made no attempt to break up the mob

or to give Lewis the police protection he asked for.

Superior Court Judge Norman E. Brennan has

called the mob action "a disgrace to the commu-

nity." Brennan pointed out that the "religious pre-

cepts of any individual are of no concern when con-

sidering his equal right to protection under the

law."

Lewis is appealing the decison of the acting

trustee to the County Superintendent of Schools.

Since July 1, 1951, the Union has received eight

favorable decisions in federal employees' loyalty

and security cases. Three of the favorable deci-

sions were by the Loyalty Review Board in Wash-

ington. Some of these cases arose prior to July 1.

The Review Board also handed down one unfa-

vorable decision. This is the second time since

1947 that the ACLU has lost a loyalty case. The

man's testimony was conflicting. The Union pre-

sented to the Review Board a letter from Perma-

nente Hospital indicating that the employee was

suffering from premature senility, but to no avail.

Last month, the Regional Loyalty Board ruled

against a Negro employee of the San Francisco

Naval Shipyard. It was charged that while seeking

a job with the FBI this man admitted that he was

a member of the Communist Party in San Fran-

cisco. It was also charged that the employee was

a member of the "Citizens' Committee Against

Police Terror,' sponsored by the Communist

Party, and that he had also admitted to the FBI

that he had been invited to become a member of

the Civil Rights Congress, and that he had been

invited to speak at the Fillmore Branch of the

California Labor School.

Following the adverse decision in the case, the

employee admitted to the Union that he had lied

at his hearing. The Union's Executive Committee

authorized continued representation for the man

only on condition that he tell the truth. A motion

to reopen the hearing to allow the employee to

correct his testimony is now pending.

Another unfavorable decision was received in

a security case. Two years ago, this employee of

the San Francisco Naval Shipyard was cleared on

loyalty charges. Last Fall the loyalty charges were

revived under the President's amended loyalty

order, and the man was also charged as a security

risk under PublicLaw 733. Once again, the loyalty

chargeg were dismissed, but he was held to be

a security risk. The reason for the decision is

obscure. It may be that the adverse decision

from the fact that the employee has a nervous

ailment.

Two loyalty cases, both involving Veterans Ad-,

ministration employees, have been concluded by

the resignation of the employee. In the first case,

the matter had been pending for almost five

months without a hearing, because of a heart

attack suffered by the Chairman of the Loyalty

Board. The employee finally resigned in order to

take a better job.

In the second case, a Social welfare worker

resigned after she found a job in private employ-

ment. She had been accused of attending the

California Labor School, making contributions to

the Joint Anti-Fascist Refugee Committee and

ushering at a meeting of the American-Russian

Institute.

Seven new loyalty and two new security cases

have arisen since July 1. One of these cases in-

volved a Negro baker employed by the Military

Sea Transportation Service. Previously, he had

been cleared both by his agency and the Coast

Guard, after separate hearings, as a security risk.

The latest charge was made under the President's

amended loyalty order. This case ended success-

fully. It appears that the employee attended a

meeting in 1944, at the request of a white girl

friend, and ended up with a Communist Party

membership card which he later destroyed.

In another case, a Negro employee at the Naval

Supply Center, who was previously cleared on

loyalty grounds, was charged under the revised

Loyalty Order and the security law. The previous

charge, which he denies, of membership in the

Communist Party for several months in 1948, is

reiterated in the current proceedings, which are

still pending.

In still another case, a storekeeper for the V. A.

Hospital in Oakland was charged with having

expressed a preference for the Russian system of

government over that of the United States. "It

is further reported," said the charges, "that on

numerous occasions you brought copies of the

`Daily People's World,' a Communist publication,

to your place of employment, and consistently

expressed your agreement with the ideas and

information contained in that publication." The

employee has now been cleared.

Another case of an employee newly charged

after previously being cleared on loyalty and se-

curity charges, involves an employee of the Naval

Supply Center. He has both loyalty and se-

curity charges pending against him. The charges

arise out of alleged Communist activities of his

wife against whom divorce proceedings are now

pending. A decision is being awaited.

A decision is also being awaited in the case of

an employee of the Office of Rent Stabilization

who was "reported in 1941" to be a member of the

Communist Party. She and her husband are also

charged with associating with three alleged Com-

munists. In addition, she is charged with member-

Employees' Loy

andled by ACLU

lity and

nee July

ship in the American Peace Mobilization, the

Washington Committee for Democratic Action,

the United American Spanish Aid Committee and

the Joint Anti-Fascist Refugee Committee.

A hearing will be held very shortly in the case

of an employee of the U. S. Naval Air Station,

Moffett Field. He is charged with subscribing to -

left-wing publications, membership in the LP.P,

and association with an alleged Communist. The

charges also recite that "At various times since

1946 you have made statements to employees of

this station showing disrespect and disregard for

the Government of the United States and its

institutions, as follows:

"(1) That you have supported and defended

Harry Bridges, International President of the

International Longshoreman's and Warehouse-

man's` Union.

""(2) That you were sympathetic towards Alger

Hiss and other known Communists.

"(3) That you have stated that you do not be-

lieve enlisted personnel of the United States Navy

should salute or address officers of the Armed

Services as `Sir.'

"(4) That you expressed the opinion that the

Communists' sentences by Federal Judge Medina,

New York State, were the result of a `witch-

hunt.'

"(5) That you do not support the present pre-

paredness program of the United States.

"(6) That you openly criticized the intervention

of the United States into the Korean conflict and

that you have stated that the Korean people would

get along much better without this intervention.

"(7) That you object to State of California

employees and Professors of the University of

California signing the Loyalty Oath."

Scheduled for a hearing by the Regional Loy-

alty Board on January 7 is the case of an employee

of the Office of Price Stabilization who was a

member of American Youth for Democracy in

1947. The interrogatories also claimed information

had been received that the employee "in 1946

attended a function at the Whitcomb Hotel in

San Francisco, California, held for the purpose of

raising funds for the California Labor School."

The Union is also interested in the case of an

employee of a federal agency who is being ques-

tioned as a security risk by another agency. The

latter agency will not allow him to enter on its

premises. His own agency has advised him that

they do not regard him as a loyalty or security

risk.

WB

Supreme Court Will Review

Validity of Released Time

The U. S. Supreme Court on December 10 voted

to consider the appeal taken from the decision of

New York's highest court upholding the constitu-

tionality of "released time" for religious instruc-

tion, as permitted by statute in New York schools.

A similar law is in operation in California. It per-

mits school boards to excuse students one hour a

week during the school day to attend religious

classes.

On March 8, 1948, the U. S. Supreme Court in

the McCollum case outlawed the use of school

buildings for released school time classes. `The

court's opinion declared that "Here not only are

the state's tax-supported public school buildings

used for the dissemination of religious doctrines.

The state also affords sectarian groups an invalu-

able aid in that it helps to provide pupils for their

religious classes through use of its compulsory

public school machinery. This is not separation of

Church and State."

Books

Restored to Junior College

Author Mark Van Doren's books are back on the

shelves of Jersey City Junior College this month

after an 11-month ban.

Four of Van Doren's works, all nonpolitical,

were barred last January after a vigorous protest

by Bernard Hartnett, one of the members of the

Jersey City School Board. Hartnett apparently ob-

jected to what he thought were Van Doren's "`sub-

versive" opinions and associations.

Although ACLU early pointed out that the

school board had never taken official action, the

rest of the members were slow to take any stand

on Hartnett's ban. One of the possible reasons was

political; Hartnett was planning to run for county

supervisor in November. _

Last November, after a steady campaign by

Americans for Democratic Action, the board acted.

With Hartnett elected to the supervisor's post, and

with major opposition gone, the members voted to

put the books back on the shelves.

Mark Van Doren's

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 503 Market St., San Francisco 5,

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 2-3255

ERNEST BESIG Editor

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

Post Office at San Francisco, California,

under the Act of March 3, 1879

Subscription Rates-One Dollar a Year. a

Ten cents per Copy

Fligh Court Rules on lilegal

Seizure and Confession Cases

The Supreme Court has ruled 6 to 2 that evi-

dence illegally seized cannot be used to secure a

conviction even where narcotics are concerned. In

the Jeffers case, the defendant claimed that nar-

cotics that had been seized without search war-

rant on the premises of two other people in a hotel

had been improperly used as evidence against him.

The majority of the court agreed with Jeffers.

The narcotics in question were found in the ho-

tel room of two women who did not know the na-

ture of the materials left with them. Jeffers had a

key to their room. The government admitted that

the search of the room was unlawful since there

were no exceptional circumstances, such as con-

cealment or-violence, to justify searching without

warrant.

The court rejected the government's argument

that the search did not invade Jeffers' privacy.

Mr. Justice Clark, writing for the majority, held

that the events were "bound together by one sole

purpose-to locate and seize the narcotics of

Jeffers."

In a 5 to 3 decision, the Supreme Court also held

that a confession of murder could be introduced

against a defendant even though he had been held

in custody on a different criminal charge. The

majority refused to extend the rule established in

the McNakb case, that confessions obtained dur-

ing illegal arrest are to be excluded. But the de-

fendant in this case, Carignan, who had been de-

tained on the basis of an assault charge when he

confessed to murder, had not been detained un-

lawfully.

Justice Douglas, in dissenting with Justices

Black and Frankfurter, assailed the majority view

with the statement that "The rule of evidence we

announce today gives sanction to a police practice

which makes detention the means of investigation.

Therein, lies its vice."

`America Plus' Sponsors Race

Discrimination Measure

Senator Jack B. Tenney and his America Plus

organization, which blossomed in the fertile ground

of Los Angeles, is sponsoring a so-called "Free-

dom of Choice" amendment to the State Constitu-

tion. This amendment, according to propaganda

literature, would in effect repeal the State Civil

Rights Act prohibiting racial and religious dis-

crimination in places of public accommodation and

amusement. It would also legalize racial dis-

crimination in employment and seek to legalize

racial restrictive covenants. Just how the latter

can be accomplished, in view of the Supreme

Court's decision outlawing the enforcement of ra-

cial restrictive covenants, is problematical.

In any case, the proposed amendment has not

yet been drafted and, consequently has not been

submitted to the Attorney General for titling.

These steps must be taken before the initiative can

be circulated in an effort to secure the more than

305,000 signatures that are required to place the

issue on the ballot. The sponsors of the measure

are attempting to raise $75,000 to finance the col-

lection of signatures. Their hope is to get the issue

before the electorate at next November's election.

Thus far, the San Francisco Chronicle and the

San Francisco News as well as the Young Republi-

cans have expressed opposition to the proposal.

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OCCUPAON 2

More Facts on

Who Failed to Answer

A further conference, telephone conversations

and correspondence between officials of the Salva-

tion Army and the ACLU have thrown additional

light on ,the circumstances surrounding the dis-

missal of Eloise Brown as reported in last month's

issue of the News. Mrs. Brown contends she was

dismissed from her job as a social worker at

Booth Memorial Hospital in Oakland because she

refused, on constitutional grounds, to testify be-

fore the Burns Committee.

The Salvation Army, in a statement given to the

Union, denied Mrs. Brown's charge, contending

that she was dismissed because she was not in

sympathy with the basic philosophy of The Sal-

vation Army, and because her private life was not

conducted in harmony with the "spiritual ministry

and philosophy" of the organization.

The Union urged the reinstatement of Mrs.

Brown because it felt she had never been given

an opportunity of answering any charges against

her, and, indeed, had never been informed specif-

ically of the charges against her. In this connec-

tion, it appeared that Mrs. Brown may have been

fired on the basis of confidential information

which had been given to Col. Ruth Pagan directly

after Mrs. Brown appeared before the Burns Com-

mittee. Col. Pagan admitted to the Union that she

was unable to say to what degree, if any, this

confidential information influenced her decision in

the case.

On November 28 the Union's director met with

Col. Marshall, Col. Pagan and Maj. Harold G.

Barry in San Francisco in a further effort to clari-

fy the situation. Col. Marshall said he wanted to

correct the following sentence that appeared in

their written statement concerning the case: "`The

most that can be said is that her attitude and con-

duct before the Burns Committee gave added evi-

dence of our prior determination that the attitude

of Mrs. Brown was not in harmony with the spirit-

ual philosophies and ministry of The Salvation

Army, which is so important in our personnel

relationships and objectives which we seek." Col.

Marshall claimed that Mrs. Brown's conduct bhe-

fore the Burns Committee had nothing to do with

her dismissal; that the statement had been in-

correctly revised by their attorney, and that it

had gone to the Union in its final form without

the error being detected. What the statement

should have contained, he added, was some men-

tion of Mrs. Brown's unethical conduct. Knowing

that her appearance before the Burns Committee

would receive wide public attention, he felt that

she had an obligation to advise the agency that

she had been subpoenaed to testify.

Also, for the first time, the charge was made

that Mrs. Brown had made statements showing

she was out of sympathy with The Salvation

Army's basic philosophy. Last February, it is

claimed, she told her superior, "Tl do the social

work, you do the religious work," or words to that

effect. And, in conferences with her immediate

superior shortly before she was fired, Mrs. Brown

is accused of having complained that "her organ-

ization" did more to help the "little people" than

The Salvation Army. All of these statements were

said to have been made to a Maj. Cox, who was not

present at the conference, but it was more or less

admitted that even Maj. Cox did not have a clear

recollection as to what Mrs. Brown is alleged to

have said.

It was admitted by The Salvation Army that

it had been guilty of poor timing in firing Mrs.

Brown three days after her appearance before the

Burns Committee. Nevertheless, Col. Marshall

stated very emphatically that under no circum-

stances would Mrs. Brown be reinstated to her

job, and that they would not be pressured into

doing so.

The morning following the conference, Maj.

Barry telephoned the Union's director and offered

to supply further information about the case. The

Union then sent a letter to Maj. Barry suggesting

that it be given information on the following

points:

"1. The qualifications for the job as presented

to Mrs. Brown December,. 1950, and particularly

with reference to the need for her acceptance of

the basic philosophy and spiritual mission of The

Salvation Army;

"9. The criticisms of The Salvation Army which

Mrs. Brown is alleged to have made in February

and again just before her dismissal ;

"3. The reason for the increase in salary given

Mrs. Brown last July in view of the dissatisfaction

with her attitude toward the philosophy and spir-

itual ministry of The Salvation Army. In this con-

nection, I am cognizant of Maj. Cox' admission

that Mrs. Brown's work was good.

"4. The content of Col. Pagan's letter request-

ing Mrs. Brown's resignation, which was read to

the latter by Maj. Cox.

ismissal of Social Worker

Burns Comm. Queries

"May I also point out that in my interview with

Col. Pagan no complaint was voiced concerning

Mrs. Brown's alleged criticism of the work of The

Salvation Army. These matters were first raised

by Col. Marshall in our conference on the after-

noon of November 28. I wonder whether this mat-

ter could not be clarified for the members of my

Committee."

Maj. Barry replied under date of December 4,

1951, as follows:

This will acknowledge your letter of November

30, 1951, which raises-a number of questions re-

garding the dismissal of Mrs. Eloise Brown from

employment at the Salvation Army Booth Me-

morial Hospital, Oakland.

It is our feeling that you are approaching an

understanding of the consecutive order of events

as they relate to Mrs. Brown's dismissal. Your

paragraphs No. 1 and 2 deal with the Salvation

Army's approach to its work in the social field

and also deal with a progressive resistance to this

approach by Mrs. Brown. It is true that Mrs.

Brown's appearance before the Burns' Committee

led to conversations at the Institution which

brought about expressions from her regarding

our Organization and its approach. It is to be re-

gretted that Mrs. Brown's dismissal came a few

days after the Burns' Committee Hearing and

brought about an untrue relationship of these two

events. It is our considered judgment that trouble-

makers have played up this relationship in certain

releases. To these no amount of information from

us will be convincing. As an expression from The

Salvation Army, we can truthfully state that

1. Mrs. Brown was not dismissed because she

appeared before the Burns Committee.

2. Mrs. Brown was not dismissed because she

refused to testify before the Burns Committee.

In addition to what you have we should like to

verify that the job qualifications for the job rep-

resented to Mrs. Eloise Brown were given to her

in writing and in the customary employment in-

terview. The following is a direct quote from the

personnel standards of The Salvation Army Wo-

men's Social Service Department:

"The selection of candidates for case work

positions in The Salvation Army is to be guided

by the recognition of the religious basis of all

its social work. The spiritual regeneration and

progress of clients is a major objective in har-

mony with the spiritual purpose of the Army

as a whole. Because of this, it is considered

desirable that case workers used by this or-

ganization demonstrate a dynamic spiritual

experience."

Regarding the matter of salary increase given

to Mrs. Brown in July of this year, this was prom-

ised in writing by the employment office to any-

one who received the position offered because of

the low starting salary. The increase was auto-

matic and not in any way based upon perform-

ance.

From the above and the information you already

have, we trust the Committee will recognize and

understand the progressive incompatibility of this

employee-her progressive rejection of responsi-

bility for working sympathetically within the

spiritual philosophical framework of The Salva-

tion Army.

Under date of December 5, 1951, the Union re-

sponded as follows:

Thank you for your letter of December 4 clari-

fying The Salvation Army's position regarding the

dismissal of Mrs. Eloise Brown from her employ-

ment at the Salvation Army Booth Memorial Hos-

pital, Oakland.

Unfortunately, you have failed to supply us

with information on two of the points set forth

in my letter of November 30. I have reference,

first, to item 2 in which we sought to learn the

criticisms of The Salvation Army which Mrs.

Brown is alleged to have made on two different

occasions. Second, in item 4, we sought to procure

a copy of Col. Ruth Pagan's letter requesting Mrs.

Brown's resignation, which was read to the latter

by Maj. Cox. It seems to me that my Committee

will not be able to understand The Salvation

Army's position in this matter unless information

on these points is made available to it.

Consequently, I most earnestly request your

cooperation in providing us with information on

the foregoing points in time for our Executive

Committee meeting tomorrow noon.

Maj. Barry telephoned just before the Union's

December Executive Committee meeting, in ef-

fect, refusing to supply the additional information

which had been requested. The Union's Executive

Committee thereupon decided to defer further

action in the matter until the results of an investi-

gation by the Personnel Practices Committee of

the American Association of Social Workers of

Alameda could be learned.