vol. 19, no. 1

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