vol. 19, no. 1
Primary tabs
American
Civil Liberties.
Union-News
"Eternal vigilance is the price o
Free Press"
Free Assemblage
Free Speech
f liberty."
VOLUME XIX
SAN FRANCISCO, CALIFORNIA, JANUARY, 1954
Number 1
Court Test of Refusal to Allow
Chinese Student's Departure
_ The Immigration Service late last month again
refused to allow a Chinese student to return to
_ Red China. More than two years ago, the young
man, then a candidate for a doctorate in Physics,
was barred from returning to China on the ground
that his return would be prejudicial to this coun-
try's interests. The ACLU will now file suit in the
U.S. District Court to restrain the Immigration
Service from preventing the student's departure.
_ In turning down the student's petition, the
_ Immigration Service had before it a letter from
Prof. Raymond T. Berge, Chairman of the Physics
Department at the University of California, dis-
- closing that the young man was no longer regis-
tered at the University of California because "he
was not apparently able to pursue successfully the
original research required to obtain a Ph.D.
degree."
The letter also pointed out that during his
studies the young man had "not worked in the
Radiation Laboratory nor has he had the remotest.
`contact with. work that is classified as secret or
confidential. The information that he has obtained
here during his graduate work is merely that
which can be obtained from the numerous printed
textbooks and advanced treatises in physics. Such
- information ean be obtained in China as well as
in this country. Hence I see no apparent reason
why he should not be permitted to return to China,
since he certainly has no professional future in
this country.
"As a result of the fact that he has not only
not completed his work for the Ph.D. degree, but
has failed to pursue such work successfully, it is
quite impossible for us to obtain a position for him
in this country where he can use his scientific
knowledge. He may be able to obtain such a posi-
_tion in China and hence he certainly should, I be-
lieve, be allowed to return to that country."
The student has had no job and no income
since last summer. He has been unable to find
work and may be compelled to apply for public
assistance. + |
ACLU Will Challenge Loyalty
Oath Test for Tax Exemption
- The ACLU of Northern California is preparing
a legal challenge of a California law that went into
effect on September 10 requiring persons and
groups receiving tax exemptions to file a state-
ment declaring they do not advocate overthrow of
the government or support of a foreign power in
the event of hostilities. The test case will be
brought in the name of the ACLU, which is ex-
empt from paying a tax on its income. _
. The Franchise Tax Board has just informed
the Union that under its regulations the tax re-
turn is due four months and fifteen days after the
close of the Union's accounting period. Since the
Union's fiscal year ended on October 31, 1953, the
"anti-subversive declaration" must be filed by
March 15. A test suit will, therefore, be filed in the
Superior Court of San Francisco county on or be-
fore that date.
_ John W. Mass Appeal
The ACLU welcomes special contributions
to help finance the court appeal of John W.
Mass, who faces dismissal from his teaching
job for refusing to testify before the Velde
Committee.
The case has a long and expensive journey
before it in the California courts. Ultimately,
it will reach the California Supreme Court.
That may take two to three years and many
hundreds of dollars.
Please make all contributions payable to
the ACLU, 503 Market St., San Francisco 5,
Calif., and earmark them for the "John W.
Mass Appeal."
Court Fight to Save Job of Teacher Fired for
Refusing to Answer Velde Comm. Questions
The ACLU has begun a court fight to save the
job of John W. Mass, a San Francisco City College
instructor in English who has been suspended in
the wake of last month's Bay Area hearings of
the House Un-American Activities Committee.
The constitutionality of the Dilworth Act passed
last year by the California State Legislature will
be the main issue in the court proceedings. 'This
law provides for the suspension and dismissal of
any teacher who for any reason refuses to answer
questions concerning Communist Party member-
ship since September 10, 1948.
Mass rested on the Fifth Amendment in re-
fusing to answer any of the questions of the
House Un-American Activities Committee regard-
ing Communist Party membership, although he
had frankly admitted belonging to the Communist
Party when he signed the Levering Act Oath in
October, 1950. He then stated that he had never
belonged to any organization advocating the over-
throw of the government by force and violence
"but since it has been alleged by certain persons
that the Communist Party and the California La-
bor School fall in the category described in the
oath" he felt ``compelled" to state that he had
been a member of the Communist Party for two
years and the California Labor School for four
years, both associations definitely having ended
by the summer of 1950.
The same day Mass filed his Levering Act
Oath form, he went to see the F.B.I. and told that
agency of his prior Communist Party membership.
However, he drew the line on divulging the names
of former associates in the Party.
When Mass was subpoenaed, he indicated that
he would refuse to identify other people he knew
in the Communist. Party. He was one of the first
uncooperative witnesses called and his appear-
ance was unusual in at least one respect. He was
the only uncooperative witness who was called
who had not previously been named by one of the
Committee's friendly witnesses. Mass was repre-
sented at the hearing by the ACLU
Photo Courtesy S.F.
JOHN W. MASS
Mass refused to acknowledge whether he had
told the truth when he signed the Levering Act
Oath, since to have done so would have waived
the protection of the Fifth Amendment with re-
gard to any later questions about activities and
associates within the Communist Party. Even
though Mr, Mass was motivated by a desire not to
inform on other people, his claim of the Fifth
Amendment was a valid one, because if he had ad-
mitted C.P. membership or named other people,
some of them might have provided links in a chain
of evidence against Mr. Mass in an ultimate Smith
Act prosecution.
S. F. Superintendent of Schools, Herbert C.
Clish, sat in the Hearing Room for two days wait-
ing for Mr. Mass to give his testimony and then
immediately mailed a prepared letter he had on
his person to Mr. Mass, notifying him to stay away
. from his classes.
_ At a special meeting of the Board of Educa-
tion on December 8th, a resolution was adopted
immediately suspending Mass and dismissing him
because of the provisions of the Dilworth Bill
which define Mass' behavior as unprofessional
conduct and insubordination. Mass was also
charged with refusal to obey the school laws of
the state and evident unfitness for service in spite
of the fact that Superintendent Clish and several
of the Board Members stated unequivocally that
Mass' competence as a teacher was unquestioned.
It was not charged that Mass had attempted to in-
doctrinate any of his pupils or even present his po-
litical point of view.
Several of his students spoke on Mr. Mass'
behalf. Mass' attorney, ACLU Staff Counsel, Law-
fied Speiser, pointed out to the Board that it had
disgretion to allow Mass to teach while dismissal
proceedings were pending. He also explained why
Mass had claimed the protection of the Fifth
Amendment. However, the Board voted unani-
mously to dismiss Mass and suspend him immedi-
-ately, after first rejecting a motion by Board
member Joseph Alioto, requesting Mass to answer
under oath if he were presently a member of the
C.P. and if he knew any employees of S. F. School
District who were or are members of the CP.
Mass ,was willing to answer both these questions
(the answers would have been in the negative),
pole 0-2 vote of the Board eliminated this possi-
ility.
Notice of Intention to Dismiss was served on
John Mass on December 10th. There are 30 days
in which to answer and request a Superior Court
hearing, where the long, slow process begins to
test the constitutionality of the Dilworth Law, In
the meantime, he and his wife and his 22 month
old boy, are facing a very uncertain future.
Budget Drive 27%
Ahead of Last Year
During the first two months of its new fiscal
year, the ACLU of Northern California raised
more than half of its current budget of $28,200.
Consequently, during the remaining ten months,
about $14,000 must be raised in order to balance
the budget.
The income thus far is 27% above that of a
year ago. That increase results essentially from
the willingness of the Union's membership to send
its dues to the Union at the beginning of the fiscal
year. Thus far, at the urging of the office, more
than 1,600 members, or about half of the member-
ship have sent in their dues. The office appreciates
the cooperation of the membership in enabling it
to concentrate the Union's fund-raising. activities.
Despite the excellent budget returns, there
are many November and December expirations
still unheard from besides 217 January expira-
tions. The Union urges its members to make a
`Special effort to send in a renewal if they fall
within any of these groups.
t
Page 2
AMERICAN CIVIL LIBERTIES UNION-NEWS
National Board Over-Rides
Decision on Referendum
The national board of the ACLU on November
30 refused to accept the results of a recent refer-
endum on three policy statements submitted to the
members of the corporation. Its action was taken
under an extraordinary section of the By-Laws
empowering the national board to act in accord-
ance with the majority recommendations on a
referendum "except where it believes there are
vitally important reasons for not doing so which
it shall explain to the corporation members."
The national board action was taken by a vote
of 14 to 4, with 5 members not voting. Thus far,
no explanation has been offered by the board to
the corporation members as to why the majority
action was over-ridden. Incidentally, the members
of the national board and the national committee
stood three to one in favor of the policy state-
ments, while the affiliates were almost unani-
mous in opposing them.
The results of the referendum have been in
doubt for some time. On October 19 the final vote
showed the three proposals were defeated by
almost 2300 votes. Thereafter, Patrick Malin,
ACLU national director, solicited votes from
national committeemen who had not voted and,
because of the small vote cast by the Chicago
Executive Committee, he telephoned to the local
director and asked him to canvass his vote again.
Mainly on the strength of a reported switch in
_ Chicago's vote, the national office announced on
October 29 that the proposals were adopted by
2500 votes. But, on November 12, Chicago's Exec-
utive Committee adopted a motion to return to its
- original vote as the official one, so, once again the
three proposals were defeated by 2500 votes.
After the first tally was announced, the
national board voted 13 to 14 against setting aside
the result and having the proposals stand adopted.
That vote was reconsidered on November 30 and
the following resolution adopted:
"RESOLVED, that the National Board hav-,
ing taken renewed cognizance of the referendum
upon Policy Statements 1, 2 and 3 in its several
stages following original submission, neither
accepting nor rejecting the referendum votes
as binding upon it but in exercise of its residual -
power under the by-laws, holds the substance
of these Policy Statements to express in essence
the policy of the Union, and hereby reaffirms its
adherence to the substance of the three State-
ments and directs the office to continue to con-
duct its operations pursuant to such State-
ments.
"The Board further requests the Executive
Director to endeavor, with such assistance as he
or the Chairman may designate for such pur-
pose, to present to the Board, a reformulation
of the form, but not of the substance, of the
three Statements which will so far as reason-
ably practicable and consistent take into con-
sideration helpful criticisms and comments
thereon received from members of the National
Board, of the National Committee and of the
several affiliate Boards."'
A motion declaring expressly that the above
resolution is binding on the affiliates failed of
adoption. Likewise, an effort to defer final action
on the statements until the matter could be dis-
cussed at next month's biennial conference was
defeated by a vote of 14 to 7. .
Dr. Alexander Meiklejohn attended the Novem-
ber 30 national board meeting and reported North-
ern California's unanimous opposition to the three
statements as Well as its objection to the bringing
in of new votes after the decision had been an-
nounced. He urged the board without avail not to
over-ride the corporation's decision against the
three statements.
Seek to Ban Literature
In San Luis Obispo County
The Board of Supervisors of San Luis Obispo
county, on the demand of women's clubs, is con-
sidering adoption of an ordinance to ban "immoral,
salacious and perversive'"' literature. It is claimed
that such an ordinance is needed to remove from
newsstands literature considered offensive to ju-
venile readers. While the proposed ordinance has
its supporters, it also has its opponents. The board
disclosed it had received letters from citizens pro-
testing such an ordinance.
"The enactment of such a ban will, by its very
nature, require the establishment of a board of
censors," a letter signed by Mr. and Mrs. Blair B.
Kough, San Luis Obispo, declared. There are some
who consider ``the works of Bacon to be immoral,
the findings of Kinsey to be salacious, and the
works of Rousseau to be perversive."'
Another writer suggested that juvenile delin-
quency "cannot be wiped out merely by passing
laws. It has been proved, time and again, that in
the case of most juvenile offenders, it is the pa-
rents who are delinquent."
Hawaii Judge Testily Transfers Atheist's
Citizenship Case to Oregon Federal Court
Five months after the request was made, Fed- -
eral District Judge J. Frank McLaughlin of Hono-
lulu in a bitterly worded memorandum opinion re-
luctantly agreed to transfer Wladyslaw Plywacki's
petition for naturalization to the Federal Court in
Portland where he now resides.
Over a year ago, in August 1952, the same
judge denied Plywacki's petition for naturaliza-
tion on the grounds that he was an atheist and
that an affirmation rather than an oath of allegi-
ance is insufficient. On April 27, 1953, following
the Union's intervention in the case, the United
States Court of Appeals in San Francisco re-
versed Judge McLaughlin when the government
confessed the judge had committed error in re-
fusing to naturalize an atheist.
Meanwhile, Plywacki had been discharged
from the army and had enrolled in Oregon State.
College, Corvallis, Oregon, He filed an application
with Judge McLaughlin for transfer of his petition
to Oregon, but the notary public failed to deter-
mine whether he was swearing or affirming to the
truth of the statements in his application and in-
dicated he had taken an oath.
Judge McLaughlin, suspecting some double-
dealing, thereupon refused to allow the transfer
and ordered an immediate investigation by the
Immigration and Naturalization Service, which .
took; four months.
Plywacki then filed a new transfer application
making certain it indicated it was "`subscribed and
affirmed."
On October 28, 1953, Judge McLaughlin agreed
to transfer the case from his court but took the
unusual step of writing a memorandum opinion
to accompany the petition, suggesting to the Dis-
trict Court in Oregon that the petition for natu-
ralization be denied on the very same grounds on
which he had been reversed. The text of Judge
McLaughlin's astounding memorandum follows:
Memorandum Opinion and Order of Court
Transferring Petition No. 12,393 to the United
States District Court, District of Oregon
Heretofore this petition was denied because of
the petitioner's refusal as an atheist to take the
oath of allegiance prescribed by Congress. Peti-
tion of Plywacki, 109 F. Supp. 593 (1952).
An appeal was taken by petitioner to the Ninth
Circuit Court of Appeals, with the assistance of
the American Civil Liberties Union of Northern
California. Although the Attorney General had
not previously appeared and taken a position in
this case, he did the astounding thing of appearing
in the Court of Appeals and confessing error. Not
noting that the Attorney General had nothing to
confess as having induced error below, the Court
of Appeals automatically reversed without exam-
ining the merits. Plywacki v. United States, 205 F.
2d 423 (1953).
Before the reversal by the Court of Appeals,
petitioner moved to Oregon and there attended
Oregon State College. On May 20, 1953, petition-
er executed a Form N-455, "Application for Trans-
fer of Petition for Naturalization", which on its
face said that the petitioner had subscribed and
sworn to his representations therein made before
Edith Buckingham, a notary public of the State
of Oregon, at Corvallis, Oregon, to wit:
Subscribed and sworn to before me by the
above named petitioner at Corvallis, Oregon, this
Twenty-sixth day of May, 1953.
- Edith Buckingham (Signed) (Seal) Notary
Public for Oregon. My Commission Expires Apr.
7, 1957,
_ This not being the first time that the petition-
er ostensibly had taken an oath to preliminary
or collateral matter while still professing atheism,
noting again petitioner's inconsistency, the Court
ordered the Immigration and Naturalization Serv-
ice to investigate and report.`On or about Sep-
tember 18, 1953, it did so, but as the notary had
not been interviewed, a further investigation and
report was ordered. From the two reports of Au-
gust 20, 1953, and September 18, 1953, as sup-
plemented October 5, 1953, it appears that the pe-
titioner advised the investigator that he did not
swear to his transfer application, and the notary
concurred. Indeed, the notary asserted that she
never takes a person's oath as she "figures it is
up to them" and hence just observes the subscrip-
tion.
_ Without paidrawine the pending transfer ap-
plication under date of October 6, 1953, petition-
er executed a new or second Form N-455 applica-
tion, at the end of which he stated he `subscribed
and affirmed" the statements therein made before
the same notary, and she signed her name, stated
the term of her commission, and affixed her nota-
rial seal. Appended is a separate statement read-
ing:
I, Wladyslaw Plywacki, do solemnly affirm
. that the information provided by me on the Ap-
plication for Transfer of Petition for Naturali-
zation, Number 12393, on this sixth day of Oc-
tober, 1953, is the truth, the whole truth, and
nothing but the truth.
Wladyslaw Plywacki ( (Signed)
Below this statement the notary again signed her
name and affixed the date, her seal, and extent of
her commission.
This second application for transfer comes to
me approved October 9, 1953, by District Director
` Elmer E. Poston, for he has found petitioner does
in fact have a bona fide residence in Oregon.
Opinion
Obviously petitioner's second transfer applica-
tion does not comply with the Immigration and
Naturalization Service's Regulation No. 334.17
(a), Federal Register, December 19, 1952, which
under 8 USC No, 727, Sec.,327 of the Nationality
Act of 1940, has the force and effect of law. In-
deed, petitioner' S position as to this application
has the same congenital defect as has his position
upon his. pending petition for citizenship. To af-
firm by nothing that the truth is being asserted
adds up in law, also, to nothing. Few realize that
an affirmation is allowed in lieu of an oath-a
swearing-in deference to a person's religious be-
liefs and concludes by affirming by reference to a
Supreme Being-witness the Society of Friends
and Jehovah's Witnesses. Sec. 28 USC 0x00A70x00A7453, 951,
and 5 USC 0x00A70x00A716, 21 and 21a and b. An affirmation
by Wladyslaw Plywacki, a human being, that he
is stating the truth provides no guarantee of ver-
acity nor basis for a remedy in the event of fal-
sity. Indeed, as before stated the atheist philoso-
phy upon which petitioner predicates his position
demonstrates a lack of attachment to the United
States Government's first principle: a belief in a
Creator, from whom. the Founders proclaimed
come man's unalienable rights subsequently guar-
anteed by the Constitution.
Despite petitioner's trifling with the legal pro-
cess by today ostensibly taking an oath and then
saying, in effect: "I didn't mean it-I didn't do it
-See, I affirm, by myself", being advised by
District Director Poston that the petitioner in fact
now resides in Oregon, the Court upon its own
motion in the public interest will transfer the pe-
tition to the pace on Federal court if it will accept
the same.
It is obviously in the public interest to have
judicially determined as speedily as_ possible
whether by a quiet confession of error by the Ex-
ecutive the American philosophy of government
has been materially changed.
The common good will be subserved also by
having a different judge come to grips with the
legal problems arising from this record. As they
touch our national fundamentals, I would like to
suggest that the Federal court in Oregon invite
the Attorney General to appear, to file a brief,
and present argument in defense of his position
taken in the Circuit Court of Appeals for the
Ninth Circuit-if he still adheres to it. Too, the
size, shape and shadows of this case would seem to
call for invited amicus help from the American
Bar Association.
Should the ultimate result be that the Fed-
eral court in Oregon also declines to admit pe-
titioner to citizenship either by a denial of his pe-
tition for lack of attachment to the principles of
our Nation, or by its refusal to administer an oath
`or affirmation unknown to the law, petitioner then
may utilize available appellate review procedures
and thus obtain a decision on the merits by a
higher court. |
If, perchance, the result be otherwise, there
is always the next case which may provide the
appellate vehicle for a timely decision to repair
the national damage, and in which the hope can
be expressed that the lower court will not be sold
short in the court of appeals and that such court
will look for itself beyond any confessed error
into the merits of the controversy.
Order
For the reasons above given, upon the Court's
own motion it is hereby ordered and decreed that
the petition for naturalization filed in this Court,
being No. 12393, shall upon approval of such
transfer by the United States District Court for
the District of Oregon, be transferred to said
court.
Dated at Honolulu, Hawaii, this 23rd day of
October, 1953.
J. FRANK McLAUGHLIN (Signed)
United States District Judge
AMERICAN CIVIL LIBERTIES UNION-NEWS
_ Page 3
Another Sidewalk Table
Case Arises In Berkeley
The Berkeley City Council on November 30, by
a vote of 5 to 4, refused permission to the U. C.
Student Velde Protest Committee to set up a lit-
erature table at Sather Gate. The minority was
composed of Mayor Laurence L. Cross, Arthur
Harris, Edward Martin and George Pettitt.
Mr. Pettitt is quoted as saying, "The basis of
democracy is to protest to the U.S. government.
When you boil freedom down to its last essential
drop, you find it is freedom to complain." Mr, Mar-
tin suggested that the Council should not "sit-
here as a board of censors."
On December 8, another request was presented
and again rejected, this time by a vote of 6 to 2.
In the meantime, the City Council, again by a
_ vote of 6 to 2, instructed City Manager John Phil-
lips to draft an amendment adding a "loyalty
oath" requirement to Berkeley's "sidewalk table
ordinance." :
The ordinance is presently undergoing a legal
test in the case of Reuel Amdur, who was denied
a permit to set up a table in connection with the
Rosenberg plea for clemency. His appeal follow-
ing a conviction was argued before the Appellate
Department of the Superior Court in Alameda
County last September, and a decision is still being
awaited.
Tension Mounts in Chicago's
_inter-Racial Housing Project
The rental of a home to a Negro family in the
Chicago Housing Authority's Trumbull Park
Homes has precipitated another crisis in race rela-
tions in Illinois, recently the scene of the Cicero
race riots. Acting under a 1950 provision of the
- Housing Authority which banned discrimination,
- Mr. Donald Howard's family was the first Negro
family to be admitted to the project since it was
built in 1930.
Six days after the Howards moved in bricks,
stones, and sulphur candles were thrown into the
apartment. Crowds gathered in increasing num-
_ bers outside the Howard residence, and by August
10 the mob was estimated at over 1,000 persons.
Commencing August 5, 750 Chicago police, work-
ing three shifts, were required to block off crowds,
patrol the area, and insure against acts of vio-
lence. Despite the police traffic was disrupted,
Negroes cars were stoned, small fires started,
false alarms turned in, and demonstrations staged
night after night.
Tension mounted even further when three more
Negro families moved into Trumbull Park Homes
on October 15. At this point, the City had dis-
patched 1,160 members of its police force to in-
sure law and order. So serious was the situation
that at times 20% of the entire force was tied up
in dealing with the conflict.
Although the arrival of the Howards was de-
scribed as "unexpected" by the Executive Secre-
tary of the Chicago Housing Authority, the Au-
thority. quickly joined forces with the City of
Chicago Commission on Human Relations and the
Chicago Council Against Discrimination, (a local
coordinating body of over 100 church, civic, and
labor organizations, including the ACLU) to pre-
pare the community for further Negro residents.
ACLU has concentrated its efforts on keeping
track of police operation in the area, day by day.
The ACLU staff also has been busy in the com-
munity, sounding out attitudes and supplying on
the spot information to the authorities dealing
with the situation.
iore `53 Membership Returns;
1954 Campaign Planned
During the last four months of 1958, the ACLU ~
received 11 memberships and $64 as added returns
in the 1953 special Membership Campaign.
Consequently, the final results of the campaign
showed 371 new members, or 82% of the goal
of 450 (besides 23 separate subscribers to the
"News'"'), and receipts of $2509, or almost 84%
of the goal of $3000.
Another membership campaign will be held in
the Spring of 1954 in order to secure 350 new
members and $2500. The additional income is
necessary to balance the $28,200 budget for th
fiscal year ending October 31.
During the past fiscal year, while the income
reached $25,539, a deficit of $2200 resulted be-
cause of the doubling of the staff. The Union must
increase its income 10% in order to balance its
current budget.
The best way to secure the additional income is
by an organized membership drive in the various
communities where the ACLU presently has mem-
bers. Organization of the campaign will get under
way shortly after January 1.
Honduran "Stowaway" Released On Bond As
The Immigration Service in San Francisco on
December 18 released Ruben A. Barrow on $1000
bond provided by the ACLU of Northern Cali-
fornia. The Honduran seaman had been ordered
excluded from the United States without a hear-
ing, even though he had been admitted to this
country for permanent residence in 1951 and has
applied for naturalization.
Barrow's release, which is only temporary,
followed two previous denials of bond by the
central office of the Immigration Service in Wash-
ington. Their action `prompted Federal Judge
Louis Goodman to remark to Asst. U.S. Attorney
Elmer Collett:
"Can't you suggest to whoever the big shot
is who sits behind the desk in Washington that
the world isn't going to fall apart if this man is
released on bond?"
Prior to Barrow's release on bond, Judge Good-
man, on December 8, 1953, had granted an appli-
cation for a writ of habeas corpus filed on Bar-
row's behalf by ACLU Staff Counsel Lawrence
Speiser, and ordered Bruce Barber, District Direc-
tor of the Immigration Service, to bring Barrow
into court to determine if the facts alleged in his
petition for a writ were true.
Barrow claimed he had left his ship involun-
tarily in Yokohama because of threats against his
life after a fight with a seaman caused other crew
members to be incensed against him. He then
stowed away on board the President Wilson in
order to return to his pregnant wife in the United
States after the U.S. Consul in Yokohama had
refused to allow him to be discharged from his
vessel unless the company gave Barrow his return
fare to the United States. In Honolulu, however,
the Immigration Service, without a hearing, held
him to be an excludable alien.
In granting the application for the writ, Judge
Goodman said:
"If the facts alleged are true etitioner has
AS:
Photo Courtesy S.F. Chronicle
RUBEN A. BARROW GREETS HIS WIFE
Federal Court Orders immigration Hearing
. been a lawful permanent resident of the United
States regularly shipping as a crewman on an
American vessel homing at a United States
port. His constitutional status has thus been as-
similated to that of a continuous resident alien.
. . . Since the voyage, on the return from which
he was detained as an entrant alien, was alleged-
ly interrupted by circumstances of involuntary
character, his constitutional status would re-
main unchanged whatever his status may be un-
der the immigration statutes. . . . Consequent-
ly he would be entitled to a hearing before the
Immigration and Naturalization Service before
any action is taken against him."
After the court hearing, Judge Goodman held
the matter in abeyance for thirty days to give
the Immigration Service an opportunity to hold
such a hearing. At the same time, Judge Goodman
refused Barrow's request for his release on bail
because he feels that as a matter of policy it is
wisest for the judiciary to refrain from interfering
with administrative agencies as much as possible.
Nevertheless, he remarked that he felt this was
a meritorious case for release, since Barrow's
wife was expecting a baby and consequently it
would be better for all parties concerned if he
were released. In addition, the judge stated that
Barrow had made a very favorable impression
on him.
As a result of Judge Goodman's suggestion,
the ACLU renewed its request to the Immigration
Service that Barrow be released on bond, but the
request was promptly denied. After Mrs. Barrow
gave birth to the couple's first child, Consuela
Francisca, on December 14, another request for
Barrow's release on bond was denied by the Im-
migration Service.
Thereafter, on December 17th, a motion was
heard by the Federal Court to release Barrow on
bond. Judge Goodman denied the motion because
the Immigration Department has Barrow's case
under advisement, but he stated to Milton Sim-
mons, representative for the Immigration Service:
"As a Judge, I am probably sticking my neck
out, but I wonder if you would send a telegram
to the Immigration Service in Washington and
say that I feel this is an emergency case and I
`recommend he be released until the conclusion
of the hearing." -
Washington Immigration officials, after re-
ceiving the telegram as well as a 35-minute tele-
phone call from ACLU attorney Wayne M. Collins,
had a change of heart and ordered Barrow's re-
lease until January 11. In the meantime, a further
administrative hearing was scheduled for Decem-
ber 28.
Although just released from the hospital at
noon, Mrs. Barrow drove to San Francisco in
their dilapidated family car to pick up her hus-
band, who had been detained 3 months.
Barrow now has a part-time job at the Ber-
keley YMCA and they were both looking forward
9 a Merry Christmas when this article was writ-
en.
First Biennial Conference
Now Scheduled for Feb. 12-15
The first biennial conference of the ACLU will
finally be held at the Henry Hudson Hotel in New
York from February 12-15. Originally scheduled
for the Spring of 1953, the conference was post-
poned for financial reasons until last November
only to be postponed again until February 22 be-
cause of the Executive Director's poor health. The
conference was recently advanced to February 12
because of a conflict with the annual meeting of
the Chicago branch.
Ernest Besig and Dr. Alexander Meiklejohn
were scheduled to serve as delegates for the North-
ern California branch but the latter is now in
Europe and won't be available. The second dele-
gate will be selected at the January meeting of
the Executive Committee. .
One of the subjects for discussion at the meet-
ing will be proposed amendments to the 1951 By-
Laws which were never formally adopted but
which are nevertheless being applied. One of the
provisions of those By-Laws requires a biennial
conference starting in 1953.
Memorial to Bruce Porter
The ,ACLU has recently received gifts in
memory of Bruce Porter, the eminent artist and
supporter of the ACLU, who died last month.
Bruce Porter was the husband of the late Marg-
aret James Porter who served on the Executive
Committee of the ACLU of Northern California
for many years.
Mass. Names Commission
To Investigate Subversion
Massachusetts has established a special commis-
sion to investigate "subversive activities' with
special reference to the "educational, political,
governmental and industrial" fields.
A bill passed by the Massachusetts General
Court grants sweeping powers to a seven-member
commission-two members of the Senate, to be
designated by the president; three members of the
House of Representatives, to be appointed by the
speaker; and two persons to be chosen by the
governor.
According to the Massachusetts bill, the com-
mission's purpose will be to investigate and study
"the extent, character and objects of Communism
and subversive activities and related matters
within the commonwealth; the diffusion within
the commonwealth of subversive and un-Ameri-
can propaganda that is instigated from foreign
countries, or of a domestic origin, and attacks the
principle of the form of government as guaranteed
by our constitution and all other questions in rela-
tion thereto that would aid the general court in
enacting any necessary remedial legislation."
The rights of witnesses appear to be better safe-
guarded than in similar laws. According to the
statute, the subject of any investigation must be
clearly stated before witnesses are summoned.
Witnesses may be advised by counsel while testi-
fying and may add a statement at the conclusion
of the hearing.
Any person whose name is mentioned or who
is identified through the testimony of others may
a ee or appear personally on his own
ehalf,
Page 4
AMERICAN CIVIL LIBERTIES UNION-NEWS
American Civil Liberties Union-News
Published monthly at 503 Market Street., 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 and Fifty Cents a Year.
Fifteen Cents per Copy -151
ACLU Opposes Ban on `Horror
Picture' in U. S. Supreme Court
The movie "M'', banned in Ohio, could not be
considered potentially more harmful than the con-
tents of newspapers and magazines freely circu-
lated in that and other states, the American Civil
Liberties Union argued in a brief filed late last
month with the U.S. Supreme Court. The brief
was prepared by ACLU's general counsel Morris
L. Ernst and an ACLU cooperating attorney, Ar-
thur Joel Katz.
Contending once more that films are a form
of speech protected by the First and Fourteenth
Amendments, ACLU took special issue - in the
light of "the facts of modern life' - with the Ohio
censorship board's announced reasons for prohib-
iting the exhibition of "M"'.
That body called "M" harmful on grounds it
was a "horror picture' that "undermines confi-
dence in the enforcement of law and government"
and that could lead `unstable persons" to in-
creased immorality and crime.
ACLU's "friend-of-the-court" brief, support-
ing an appeal by Superior Films, Inc., from an
Ohio Supreme Court ruling upholding the censor
board, pointed to numerous newspaper headlines
and photographs covering similar subjects, and
said the censor board's argument applied to them
with equal validity. It also noted that newspapers
circulate to a much larger audience than do mov-
ies, and at a substantially lower price. :
"Surely," said the Union's brief, `the Court
will not attempt to pin prick out vague lines be-
tween different media based on degrees of harm
when the vital protections of the First Amend-
ment are involved and when the medium under at-
tack is not nearly so available to the public as the
media deemed to be already protected. If news-
papers and magazines are protected by the First
Amendment from prior restraint, so are motion
pictures... :
- "Almost the whole case for censorship of mo-
tion pictures rests on a single proposition: that -
motion pictures have a potentially greater effect
on those who see them than do other medias.
There is no evidence in the record which sustains
this proposition, and indeed, what evidence there
is elsewhere seems to disprove it .. . That some
films are `harmful' cannot be denied. What we do
deny is that their influence is any more important
than thousands of other factors in'`modern society
. . . We submit that motion pictures are merely
reflective of our time and our society and cannot
be constitutionally suppressed merely because
they conform to the facts of modern life."
Job Ban on Ex-Mental re
Patient Rescinded
ACLU intervention on behalf of a civil serv-
ice employee in the San Francisco District At-
_ torney's office resulted in saving her job, after
she was ordered fired solely because of her past
history of mental illness.
This woman had worked as a clerk typist for
five months and had been highly praised for her
work when it was discovered that she had been
institutionalized for treatment in several state
mental hospitals. Although she was now consid-
ered completely recovered by hospital psychiatric
personnel, she was ordered dismissed by the S. F. .
Civil Service Commission without a hearing on
the recommendation of a medical consultant who
was not qualified in psychiatry and whose recom-
mendation was based almost entirely on the em-
ployee's past mental illness history. ou
A protest by the ACLU that this dismissal
constituted arbitrary action and the efforts of
Miss Alice Harper of the State Mental Hygiene
Department resulted in the Civil Service Commis-
sion referring the employee to a competent psy-
chiatrist for a psychiatric examination, A letter
was also submitted by Dr. Norman Reider, head .
of the Mount Zion Psychiatric Clinic and an ACLU
member, indicating the impossibility of making
any predictions as to future mental breakdowns
based only on a past psychiatric history.
As a result of the favorable psychiatric exam-
ination, the Commission's dismissal order was re-
scinded, and the employee has been retained on
her job. .
ACLU Represents 8 "Unfriendly" Witnesses -
At S.F. Velde Commiitee Hearings
The House Un-American Activities Committee
held five days of hearings in San Francisco from
December 2-6, in an effort, as described by a
spokesman for the Committee, ``to root out Com-
munism in the Bay Area." It was announced that
one hundred persons had been subpoenaed, al-
though thirty-seven were called. Five of that num-
ber appeared as friendly witnesses and testified
that they had been Communist Party members
`and named other persons they had known in the
Communist Party or who had attended Commu-
nist Party meetings from four to twenty years
ago.
Newspaper headlines and stories gave wide-
spread play to a charge that Congressman Robert
L. Condon, of Contra Costa and Solano Counties
was identified by friendly witness Charles David
Blodgett as having attended a closed meeting of
the Alameda County Political Affairs Committee
of the Communist Party.
Great attention was also focused on the
ILWU's top leadership as well as that in its Local
No. 6 Warehouseman's Union, most of whom were
identified as Communist Party members by other
friendly witnesses.
The ACLU of Northern California, through
Staff Counsel Lawrence Speiser, represented eight
of the witnesses who were called. All of them re-
fused to say if they had ever been members of
the Communist Party and, in the main, based
their refusal on the Fifth Amendment in not wish-
ing to be witnesses against themselves. The moti-
vating factor in most cases was a desire not to
reveal the names of former associates. However,
the fact that naming other people could have pro-
vided links in a chain of evidence against the wit-
nesses in a Smith Act prosecution, made their
claim of the Fifth Amendment a valid one.
Of those represented by the ACLU, most at-
tention centered on the testimony of John W.
Mass, a San Francisco City College teacher, who
refused to cooperate with the Committee know-
ing that by doing so he would face suspension and
dismissal under the Dilworth Act.
Eugene Toopeekoff, a mechanical engineer,
testified he had not been a member of the C.P.
since December 2, 1947 and prior to 1942, but
refused to state if he had been a member during
the intervening years. :
Another ACLU witness, Mildred Bowen, testi-
fied that, she was fired after getting her subpoena
(as were several other witnesses).
Two husky longshoremen, Kenneth Austin and
Carol Barnes, declined to answer all questions
concerning C.P. membership even though they
had been expelled from the party. Nevertheless,
they had no desire to cooperate with the Commit-
NLRB Announces New Policy
On Non-Communist Affidavits
Unions whose officers are under indictment for
allegedly giving false information in non-Com-
munist affidavits will not be granted certification
until the outcome of the court proceedings, the
National Labor Relations Board declared recently.
The Taft-Hartley Act says a union may not avail
itself of the NLRB in processing representation
elections and unfair labor practices unless each
union officer swears "he is not a member of the
Communist Party or affiliated with such a party."
Failure to be certified also denies the privileges
of NLRB facilities, `
Under certain conditions, the NLRB would
permit unions whose officers were facing perjury
charges growing out of their non-Communist af-
fidavits to participate in representation elections, |
but should such unions win the election, certifica-
tion would be withheld. Previous to this announce-
ment the Board had set no policy on unions whose
officers faced perjury charges. Le
Three Pamphlets Available -
The "annual" report of the national office
of the ACLU entitled "Freedom, Justice,
Equality - Report on Civil Liberties, Janu-
ary 1951 to June 1953," is now available at
the Union's local office. The report covers
- 160 pages and sells for 50c.
Also available is The Nation magazin
civil liberties issue of December 12, 1953, en-
titled "Freedom and the American Tradition:
1953." The price is 20c.
The Union expects to have available short-
ly another supply of a reprint of an article
from the June 6, 1953 issue of "The Nation"
entitled, "Does Silence Mean Guilt?", by Nor-
man Redlich and Laurent B. Frantz, a con-
sideration of the Fifth Amendment contro-
versy. Price 10c.
tee in any way in making inquiries into the po-
litical opinions and associations of people.
Douglas Ward, a railroad telegrapher, also was
represented by the ACLU. He stated he was not
now a C.P. member but refused to answer any
other question about C.P. membership.
One of the more interesting witnesses was
Harrison George, who had been subpoenaed to
come up from Los Angeles. Committee Counsel -
Frank Tavenner read for almost an hour some
secret testimony describing a rather involved
method of shipping propaganda from the United
States to Japan in the mid-thirties, in which Har-
rison George purportedly figured. When asked
about this, George chuckled and said it was all
very interesting but he thought he had better de-
cline to answer on the grounds of the Fifth
Amendment. He likewise refused to answer other
questions.
The last ACLU represented witness called was
Dr. Herbert Naboisek, a research psychologist at
the University of California. After denying Com-
munist Party membership since 1947, Naboisek
was given the opportunity to elaborate at some
length as to why he felt some people had joined
the C.P. At the present time a decision is pending
by University of California officials as to whether
Dr. Naboisek is to be fired because of his refusal
to answer questions covering the period of his
membership in the party. -
_ All of the uncooperative witnesses relied on
the Fifth Amendment in refusing to answer ques-
tions. However, other constitutional grounds were
also relied on by some of the witnesses, including
the first three Articles of the Constitution and
Amendments One, Four, Six, Nine and Ten of
the Bill of Rights. .
Many of the witnesses represented by the
ACLU had been approached by the F.B.I. on pre-
vious occasions and had been asked for names of
former associates. However, these requests had
all been refused. __
The Velde hearings resulted in no disclosures
of sabotage or espionage. Most of the testimony
of friendly witnesses had been given before. In
fact, a dramatization of the story of Lewis Ros-
ser, the first friendly witness called, was pre-
sented on a radio program two days before the
hearings began. - 2
The size of the Velde Committee varied during
the hearings. The full sub-committee consisted of
Congressmen Scherer (Rep. Ohio), Jackson (Rep.
Calif.), Moulder (Dem. Missouri), Doyle (Dem.
Calif.) and Velde, (Rep. Ill.). However, in most
hearings the full complement was not present.
Recently, Congressman Jackson announced the (c)
Committee would hold further hearings on the
Pacific Coast (San Francisco, Los Angeles, Port-
land and Seattle) in the spring.
Just prior to the Committee hearings, the (c)
ACLU filed a suit for declaratory relief in the
U.S. District Court in San Francisco in_ behalf
of some of its clients and others similarly situ-
ated to determine whether the subpoenas that had
been issued were valid and had to be honored.
In connection with that suit, a motion was made
to quash the subpoenas.
The subpoenas failed to specify where the
hearings were to be held and such information
was supplied only by telegram. Also, the sub-
poenas had been signed in blank by Mr. Velde and
the names filled in by Committee investigators.
Despite an exceptionally fine argument by at-
. torney George Olshausen, who appeared on be-
half of the Union, Federal Judge Louis Goodman
dismissed not only the motion but the suit as well.
He took the position that under our constitutional
separation of powers, the Judiciary has no juris-
diction over.a Congressional Committee.
MEMBERSHIP APPLICATION
American Civil Liberties Union of No. Calif.,
503 Market St.
San Francisco 5, Calif. :
1. Please enroll me as a member at dues of
Go ees. for the current year. (Types of mem-
bership: Associate Member, $3; Annual Member,
$5; Business and Professional Member, $10;
Family Membership, $25; Contributing Member,
$50; Patron, $100 and over. Membership includes
subscription to the "American Civil Liberties
Union-News'"' at $1.50 a year.)
2 .V pledge $. per month........ or $ per yr.
3. Please enter my subscription to the NEWS ($1.50
per year) oS se as
Enclosed please find $2.02. 2s Please bill
me : - 2 :
Name
DiRCCts ee ee a ee
City and Zone .....
Occupation 2.6....22..45