vol. 19, no. 10

~ American

Civil Liberties

Union-News

=

"Eternal vigila

o =O

Free Press

Free Assemblage

Free Speech

nce is the price of liberty."

VOLUME XIX

SAN FRANCISCO, CALIFORNIA, OCTOBER, 1954

NUMBER 10

ANNUAL

Security Legislation and The Bill Of Rights'

The annual membership meeting of the ACLU of Northern California, marking the 20th anni-

versary of the branch, will be held at Marines' Memorial Theatre, 609 Sutter Street (at Mason), San

Francisco, Friday evening, October 15, at 8 o'clock. Laurent B. Frantz and George G. Olshausen

will discuss "Recent Security Legislation and the Bill of Rights," particularly with reference to the

"Communist Control Act of 1954," which not only attempted to outlaw the Communist Party but

also denies Communist infiltrated Unions the

benefits of the National Labor Relations Act.

Unconstitutional and Useless

Although this law was approved by the Presi-

dent last August 24, no one knew for weeks after

that precisely what the President had signed.

There is disagreement about what Congress

actually meant to say, and, according to the

Wall Street Journal, "it may take a host of parlia-

- mentarians to figure out in the end just what the

Congress did." That paper also volunteered the

opinion that "The law may not only be unconsti-

tutional, . . . it may also be useless as a weapon

against the Communist intrigue."

Two well qualified speakers have agreed to ,

discuss this timely subject. Laurent B. Frantz,

who will examine the labor union provisions of

_the law, months ago sounded an alarm against

what was then known as the Butler bill with an

article in The Nation entitled "H Bomb for Amer-

ican Labor."

He was born in Tennessee and is a member of

the bar of that state as well as Alabama. He holds

a Master of Law degree from Duke University.

He also holds a library degree from the University

of California and is former law librarian at Drake

University. He is presently engaged in free lance

research, especially legal research in cases pend-

ing before appellate courts. 7

Writer of Civil Liberties Articles

Mr. Frantz was co-author with Norman Redlich |

of the widely read article, `Does Silence Mean |

Guilt?" which appeared in The Nation of June 6,

_ 1953. Other civil liberties articles by Mr. Frantz

include "Tooling Up for Mass Repression," a

study of the Subversive Activities Control Board, ,

and "The Judas Bill," which examined the Attor-

ney General's proposals to legalize wire-tapping.

Mr. Frantz' election to the Union's local Execu- |

tive Committee will come before the annual meet-

ing for confirmation. While at Drake University,

he served as a member of the board of the Iowa

Civil Liberties Union.

George G. Olshausen will discuss that part of

the Subversive Activities Control Act which at-

tempts to outlaw the Communist Party. He is a

graduate of the University of California and was

admitted to the bar of this state in 1926. Since

that time, he has been in the active practice of -

law, especially on the appellate level.

Olshausen ACLU Attorney

Mr. Olshausen's practice has often taken him

into the civil liberties field and on a number of oc-

casions he has contributed his services in the

handling of ACLU cases. Last December he joined

the Union's staff counsel in a legal challenge of

Velde Committee subpoenas, and not long ago he

handled a censorship issue for the Union.

The Rt. Rev. Edward L. Parsons, chairman of ,

the Union's local Executive Committee since 1941, -

will preside at the meeting. Ernest Besig, the local

director, is scheduled to give a report about the

state of the Union.

Question Period

The Union hopes that its members who reside

in the Bay Area will make a special effort to at-

tend the meeting and that they will make it an

oceasion to invite their friends. There will be an

opportunity for questions after the main ad-

dresses are delivered.

There is no admission charge. Exactly 660 ex-:

cellent seats are available. Last year the attend-

ance numbered 525 persons. The meeting is open

to all who are interested.

Claim Police Tell Negro Hotel

Owner Not to Rent to Whites

San Francisco's police chief, Michael Gaffey,

promised the ACLU last month that an investiga-

tion would be made of charges that five police

officers searched every room in the Manor Plaza

Hotel, 930 Fillmore Street, after arresting two

white women, who occupied three rooms on the

second floor, and then admonished the hotel

owner not to rent rooms to white persons. "You

must not take in any more mixed tenants," one

police officer is quoted as saying. "It is all right to

cater to Negroes and Orientals, but no colored

and white together." It was claimed that the

search was made without the benefit of warrants

and without reasonable cause.

Complainant in the matter was Mr, K. Carl

Thomas, who occupies a room on the sixth floor

of the hotel. Mr. Thomas says he learned through

the bell boy who accompanied the officers that

papers on his desk and dresser were examined by

_ the officers without authority and that, since the

search occurred, a black pocket diary has been

missing from his room.

Mr. Thomas stated that the bell boy had also

told him that the police had required him to open

the various hotel rooms with a pass key. Mrs.

James McCoy, owner of the hotel, according to

Mr. Thomas, was not permitted to accompany the

officers on their search.

The officers who made the search were Inspec-

tor Edward J. Murphy, William Wilson and James

Ryan of the Special Services Detail, and officers

John Hess and William Mojica of Northern Sta-

tion.

Calif. Supreme Court to Hear

Appeal Under Luckel Act

The California Supreme Court has granted a

hearing to Dr. Harry C. Steinmetz, and, conse-

quently, his dismissal from San Diego State Col-

lege under the terms of the Luckel Act will be

argued November 3 when the court convenes in

Sacramento. The case is being handled privately

by attorney A. L. Wirin of Los Angeles with the

support of the Southern California branch of

the ACLU. :

In his petition to the court for a hearing Wirin

charged that Luckel Act is a bill of attainder,

violates the principle of the separation of powers,

and is contrary to the 14th amendment. That Act

requires public employees to answer questions of

investigating committees and their own depart-

ments as to membership since September 10, 1948

in the Communist Party or groups advocating the

violent overthrow of the government.

The petition claims that Steinmetz "substan-

tially and actually" answered the questions di-

rected to him by the State Board of Education re-

garding membership in the Communist Party.

EETING O

Frantz and Olshausen Will Biccuce "Recent

15

What Makes an Advocate

Of World Communism?

During the course of a pending deportation

proceeding, the Immigration Service called a wit-

ness in support of its charge that the alien ad-

vocates world communism. Following are the

subjects covered by the witness, who had met the

alien just once:

Football:

The witness testified that the alien had ex-

pressed a preference for soccer over American

football. On cross-examination, the following

testimony was given:

"Q. Now, did you interpret his opposition to

American football as an insult to America?

A. Well-as an insult to this country?

"Q. Yes.

"A. Certainly, it's not in line with the thinking

of myself and other Americans." - -

Refrigerators:

"Q. Let me get it straight. They were against |

capitalism and they were down on this country. Is

that it? ; reek

"A, They made sarcastic remarks ab

United States. oe

"Q. OK now. What were these sarcastic re-

ia which they made? State one sarcastic re-

mark.

vA. Well, it was not in keeping to say they don't

believe in refrigerators and those other items."

Beef Strogonoff:

"Q. Are you able to recall what was served for

dinner?

"A. Yes, I was. I believe .. XX and his wife told

me what they would have for dinner. She said it

was beef Strogonoff. Don't ask me how to spell it.

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log T meant to say too that Mr. X either when we

were served or when we were eating it, he made

mention of the fact that this was a favorite dish

of Mao, as I recall. It might be Mel or Mao, as I

say I recall it was Mao."

Russian Easter:

"Q. When X said that they celebrated Russian

Easter and thought it was much better than

Christmas, did you think that she meant that

Communist Easter was much better than Christ-

mas? Is that what you thought?

"A. I would say probably yes.

"Q. You would say probably yes. _

"A. Yes. I have never heard of Russian Easter

before." :

I am a Subversive:

"A. Well, one of the deciding things that I

would say that X said and one of the things that

was foremost in my mind just prior to our leav-

ing his apartment that night, X said: I am a

subversive. And I can remember that we were in

the hallway. X's friend was still there in the

apartment, and the conversation was getting

pretty heated, I would say. It was not argumenta-

tive. It was heated. And with this remark of X's,

I believe I said: If that's the way you feel about

it, you'd better get the Hell out of this country."

FACTS ABOUT THE MEETING

Time: Friday evening, Oct. 15, at 8 o'clock.

Place: `Marines' Memorial Theatre, 609

Sutter St., San Francisco (corner of

Mason St.)

Subject: "Recent Security Legislation and

the Bill of Rights."

Speakers: George G. Olshausen

Laurent B. Frantz

Ernest Besig, report

Chairman: Rt. Rev. Edward L. Parsons

No Admission Charge Public Invited

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Marin School Trustees

Unyielding to Book Burners

_ Efforts of pressure groups in Marin county last

month to have fifteen books removed from the

public school libraries as obscene and subversive

were frustrated last month by the courageous

stand of the Board of Trustees and the school

officials. The same groups that were unsuccessful

in having UNESCO materials removed from the

schools as subversive spearheaded the unsuccess-

_ ful book burning episode.

It cannot be denied, of course, that the citizen

has a right to criticize textbooks and books in our

school libraries, but such criticisms ought in the

first instance to be directed to the school autho-

rities who have jurisdiction in the matter rather

than to the Grand Jury, as was done in this case.

Of course, that spectacular move was dictated by

a search for headlines rather than any genuine

concern over books in the school libraries.

Under the law, the selection of books rests with

the school authorities alone. We might not always

like their choices, but the responsibility is theirs.

The school book situation would become chaotic

if it were subject to the pulling and hauling of

pressure groups. -

The pressure groups have threatened to recall

the school trustees, but since their petitions must

bear the names of 20% of the registered voters, it

is unlikely that such a move will get any place.

_We expect that for the time being they will rest

and lick their wounds.

Brown Rules Segregation

Of Negro Firemen Is lilegal

California Attorney General Edmund G. Brown

last month ruled that racial segregation in the

`public service, and of Negro firemen in particular,

is illegal. "City officials, in carrying out discre-

tionary authority in the assignment, promotion

and transfer of public employees, may not follow

a policy of segregation based upon race or color,"

declared Brown. : :

"Public officials must act within the limits set

by the non-discrimination principles of the Cali-

fornia Constitution and the public policy of the

State," the opinion went on to say. ``Where, over a

long period of time, there appears a systematic

- exclusion of members of a certain race from the

opportunity and privileges accorded to others

similarly situated, the courts will conclude that

the action is attributable to racial discrimination

rather than to the lawful exercise of discretionary

authority.

"Efficiency cannot be achieved at the expense |

of the constitutional rights of the employees. It

must be secured by other ways. The action of the

Legislature with respect to such matters as non-

racial discrimination in the National Guard, on

public works, in labor unions, in state civil service,

and in places of public accommodation, indicates

a general legislative determination in the matter

- of statewide concern that public services of the

State and municipalities are to be conducted on a

non-discriminatory basis even if segregation of

personnel on a racial basis may be considered

more convenient or efficient."'

The opinion was handed down at the request

of Assemblyman Byron Rumford of Oakland.

_ NAACP lawyers recently brought legal action

to end segregation in the Los Angeles fire depart-

ment. At the same time, the NAACP claims it has

evidence that the Oakland fire department has

failed to integrate Negro and white firemen as

promised a year ago.

New York ACLU Scores

Censoring of Disney Film

The original decision of the New York State

Board of Censors to withhold a permit to Walt

Disney's new film `The Vanishing Prairie' be-

cause it includes a sequence showing the birth of

a calf is an abuse of police powers and a violation

of the free press guarantees of the First Amend-.

ment of the Constitution, George E. Rundquist,

executive director of the New York Civil Liber-

ties Union, stated in a letter to Mrs. Helen H.

Kellogg, acting director of the Division of Motion

. Pictures.

In his letter to Mrs. Kellogg, Rundquist urged

that the Board reverse its action in banning the

film. He stated in the letter, `We consider the

Board's action an insult to the intelligence of the

citizens of the State of New York. We note that

the Roman Catholic Legion of Decency and the

Motion Picture Association of America have ap-

proved the film."

The film ban was finally rescinded.

Navy Launches Political Dishonorable

Discharge Program Against Reserve Officers

_ The United States Navy has launched a pro-

gram aimed at the dishonorable separation from

the reserves of inactive Naval Officer Reservists

for their alleged political opinions and associa-

tions. :

Three Naval Reserve Officers, who haven't been

on active duty for many years have already

turned to the ACLU for help after receiving

statements of charges. The charges in all cases

are based on alleged improper political opinions

and associations and indicate that no extensive

investigation has been made either to substan-

tiate the charges or disprove them.

Spoke "Highly Of Harry Bridges"

In one case, the officer, after a distinguished

record of 8 years in the Navy, was charged with

having told some undisclosed person nine years

ago, "I am a Communist," and with telling the

same person he "didn't believe in private proper-

ty," and also with having spoken "highly of Harry

Bridges and saying that he approved of methods

used by Bridges and of the work Bridges was

doing for his union."

At the hearing, in which the officer was repre-

sented by the ACLU, it was brought out that the

only conceivable basis for the charge was a chid-

ing argument the officer had had with a woman

who was vehemently opposed to unions and the-

Bay Area in general and whom the officer had

unknowingly teased into a raging hysteria. Her

husband had called the officer the next day and

apologized for her behavior, but it seems likely

that she had gone to an investigation agency and.

made a report.

Sather Gate Riots

In addition, it was also alleged that "while

attending the University of California at Berkeley

in 1935-1936," he "took part in riots at Sather

Gate, Berkeley, kept pictures of Stalin in his room,

and declared that he was an avowed Communist."

The evidence brought out by the 11 witnesses

who appeared on his behalf and numerous affi-

davits, including one submitted by a member of

Congress, was that he had not participated in

riots at Sather Gate because there had been none

during the years in question, a fact which was

substantiated by local police agencies,

That he kept pictures of Stalin or any other

political figure was flatly denied by his room-

mates, including the member of Congress. No one

had ever heard of his being an avowed or any

other type of Communist.

Texas Passes 7

Communist-Control Measure

The state of Texas, at its recently-concluded

legislative session, adopted legislation outlawing

the Communist Party and featuring strong pen-

alties for violation of the law. Another proposal,

establishing a Loyalty Review Board was defeated

under pressure from labor and religious organiza-

tions, although several negative features of the

bill were incorporated into the outlawry bill that

was passed.

The new law says that the Communist conspi-

racy constitutes a clear and present danger and

declares illegal the Communist Party of the U.S.

- "together with its component parts and-or or-

ganizations." It also declares illegal any other

organization which advocates or teaches "acti-

vities intended to" violently overthrow the gov-

ernment. It provides for dissolution of such

organizations, and the forfeiture and seizure of

all property including their books and files to the

state of Texas. Proof of association of any or-

ganization "with a parent or superior organiza-

tion" which does the proscribed teaching "is

- prima facie evidence" that the organization itself

engages in these activities. .

The Act also makes it unlawful for any person

to knowingly or wilfully do any act intended to

overthrow the government by force or violence, or

to engage in the forbidden activities "under such

circumstances as to constitute a clear and present

danger." The punishment for violation of the

latter two provisions, or for contributing to or

being a member of the Communist Party or any

- related organization, is a' fine of no more than

$20,000 or imprisonment from one to twenty years

or both. The law also provides "that no person

convicted of any violation of this Act shall ever

be entitled to suspension or probation of sentence

by the trial court," and disqualifies such a person

from ever being appointed or elected to office in

Texas.

Search warrants may be used to seize any books

or pamphlets showing that someone is violating

or has violated the Act. The law also provides that

the fact of registration of any person under a 1953

law requiring members of any Communist organ-

ization to register shall not be used in evidence

in prosecutions for violation of the new law.

Non-Existent Brother Alleged Communist

The prime example of sheer incompetency of

the investigations was demonstrated by the final

charge against him to the effect that there is

"reliable information" that his brother, X, was a

member of the Young Communist League in 1936.

At the hearing, it was brought out that the

officer had no brother, but did have a sister with

a decidedly feminine name who had never be-

longed to the Young Communist League. The

hearing board itself did not have the Naval In-

telligence files and, therefore, was not in position

to judge the reliability of information in it.

Membership In IPP Charged In Other Cases

The other two cases charged the officerg in (c)

question, among other things, with being mem-

bers of the Independent Progressive Party and

having other "bad" affiliations and associations.

It is to be noted that none of the charges allege

improper conduct while on active duty, nor in con-

nection with their naval service. All of the offi-

cers were given Certificates of Satisfactory Serv-

ice when they were placed on inactive duty after

the war.

One of the officers had attempted to resign

from the Naval Reserve recently, but his request

was denied. However, with the statement of

charges he was sent a form for his signature on

which he could request resignation for the good

of the service and which included the following

statement:

Resignation For Good of the Service

....1 have been informed and understand...

that I shall receive a certificate of discharge...

under conditions other than honorable; that I

may be deprived of substantial rights, benefits and

bounties which Federal or State legislation con-

fers or may hereafter confer upon persons with

honorable service in, or separation from the armed

forces . . .; and that I may expect to encounter

bc

substantial prejudice in civil life in situations

Wherein the nature of service rendered in, or the

character of separation from, the Armed Forces

may have a bearing." a :

He declined to submit the form. At the hearing,

he was informed by the legal officer that a dis- -

charge under conditions other than honorable

was not an imposition of a "penalty", in spite of

the language in the form. -

Decisions are now pending in two of the cases, -

with a hearing to be set in the third.

Protest 'Undesirable'

Discharge by Army |

The "undesirable" discharge of John: Henry

Harmon II, a New York City Army Private, has

been called arbitrary, discriminatory and in viola-

tion of the First, Fifth and Sixth Amendments of

the Constitution by George E. Rundquist, execu-

tive director of the New York Civil Liberties

Union.

In a letter to James W. Hill, of the office of the

Adjutant General in St. Louis, Mr. Rundquist

joined with David I. Shapiro, counsel for Mr. Har-

mon, in urging an honorable discharge for the 23-

year old Bucknell University graduate.

On June 2, Private Harmon was informed by

the Army of his "undesirable" discharge based on

certain "derogatory" information. According to

the Adjutant General, Robert T. Thayer, this in- -

formation included the alleged facts that Mr.

Harmon was employed by the Detroit Urban

League which was "reported to be a subversive

organization," that in 1952 he registered to vote in

the American Labor Party in New York City, and

that he was employed in 1951 and 1952 at Camp

Lakeland which was "reported to be a Communist _

operated camp."

Mr. Rundquist noted that Mr. Harmon was dis-

charged from the Army without a hearing and

was branded as "undesirable" without even the

minimum safeguards afforded federal employees

under President Eisenhower's Executive Order

10450. In his letter to Colonel Hill, the NYCLU

director stated, "There can be no question but

that an undesirable discharge given an inductee

is penal in nature, for one who is so discharged is

denied mustering-out pay and veterans preference

in federal employment."

Fielp Wanted!

Do you have any spare time to give to

the ACLU? If so, the office could use your

services with mailings, checking of addresses,

etc. Please telephone Florence Dobashi at

the ACLU office, EXbrook 2-3255, or drop

in to see her at Room 702, 503 Market St.,

San Francisco.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Rule Against Public School

Church Affiliation Census

Irving G. Breyer, Legal Adviser to the San

Francisco public schools, on September 20 ruled

that a proposed church affiliation census in the

local high schools would violate a California law

prohibiting distribution in the schools of cir-

culars "fostering membership," in organizations.

The proposed plan and the legal opinion will be

presented to the Board of Education at its meet-

ing on October 5.

Mr. Breyer described the plan, which was pro-

posed by the San Francisco Council of Churches,

as follows: `Cards will be distributed to the high

schools and will then be sent to the home rooms

to be filled out by the students and returned to

the office. These cards set forth the name of the

school, class, name of student, address and phone

number, and also requests the students, if they

have no objection, to check a religious preference.

The card. names all of the major religions, and, in

addition, information is requested as to whether

the student is attending a church and the name

of the church. The student is not required to mark

a preference. The cards are then to be collected

-from the schools by the Council of Churches, and

each denomination will be given the cards of the

students in their group. The plan also states,

"students registering a religious preference for a

particular denomination and attending none reg-

ularly may now be contacted by members of the

faith for which the preference is indicated."

The Legal Adviser said it-was not necessary at

this time to consider the serious State constitu-

tional issue of whether the plan contemplates an

appropriation of public money in support of a

sectarian purpose, and also whether the plan

constitutes a breach in the wall that separates

Church and State under the Federal constitution.

He held that, in the absence of a California statute

a expressly authorizing the religious census, the

plan is barred by Sec. 8274 (a) of the California

Education Code which provides that,

"No... circular ... of any character whose

purpose is to . . . foster membership in. . . any

organization not directly under the control of the

school authorities . . . shall be distributed or suf-

_ fered to be distributed, or shown to the pupils of

any public school, on the school premises during

school hours or within the hour before the time

of opening or within the hour after the time of!

closing of the school."

- Said Mr. Breyer, `The stated purpose of the

proposal would, in my opinion, be in direct con-

flict with Section 8274 of the Education Code." __

The plan was supported not only by the San

Francisco Council of Churches but by the Superin-

tendent of the Catholic Schools as well. The Board

of Rabbis of Northern California had the matter

-. under consideration at the time Mr. Breyer hand-

ed down his opinion. The Unitarians were appar-

= ently not consulted although their name appears

on the census card listing sixteen denominations.

N.Y. Gwinn Amendment Test

Case Returned to Trial Court

Without ruling on constitutional issues, the

New York State Court of Appeals has returned to

the trial court a test case against the Gwinn

Amendment,

That statute requires of tenants in residential

units constructed under the Federal Housing Act

of 1937, as amended, a statement that they do not

belong to any organizations designated as sub-

versive by the Attorney General.

`The American Civil Liberties Union has opposed

the amendment on grounds that it violates the

First and Fifth Amendments. It filed a `friend of

the court" brief in the New York case, and its

Southern California affiliate is appealing a lower

court decision in that state upholding the law.

Avoiding an opinion on the constitutional issues,

the N. Y. State Court of Appeals raised two

questions on which the case might be decided:

1) Was the Williamsburg Housing Project, where

the plaintiff, Rebecka Peters, lived, built under

the 1987 housing act; and 2) Can the New York

City Housing Authority require tenants to dis-

avow membership in organizations not specifically

listed as subversive by the Attorney General?

The court pointed to doubts that the Williams-

burg project qualified under the exact terms of

the Gwinn Amendment. On the second question,

the court commented that tenants were forced

to deny membership in 194 organizations making

up the Attorney. General's list, but of those 194

only 13 were designated as "subversive." The

others were described as "totalitarian," `fascist,'

"Communist," and groups advocating force and

violence.

Another legal test of the Gwinn Amendment is

pending in Washington, D.C., where the U.S.

Court of Appeals has been asked to review a

lower court decision sustaining the law.

Caylor Tells How the English Handle the

Problem of Subversives In Government

LONDON.-This is for sure. If the McCarthy

Show were being produced over here, it would fall

on its face - the outstanding flop since "The

Ladder."

I say this after seeing the file containing every

word said in Parliament on the subject of hand-

ling subversives in government. It's much smaller

that the McCarthy record. It's less than one-half

inch thick.

This I saw because I got a chance to talk with

George R. Young, the man who keeps subversives

out of government-as a sideline, His main job

deals with the economics of England. For he's the

career man who tells the chancellor and the public

the economic facts of life.

Now there's no use going into the way they do

it over here before telling you why they do it that

way. They believe here that tolerance is the key-

stone of liberty. Which is to say they assume you

can't fight Communism with Communistic meth-

ods. Or Fascist methods, either.

They're baffled, completely, by people like Nixon

who seem to say of McCarthy: "He's doing it

the wrong way, of course, but he's doing a good

job." =

That makes no sense in England, where the

Magna Carta might have happened yesterday.

They feel, actually, that Nixon should be writing

letters to The Times. So should all the other big-

shots-whether Government or Opposition or in-

dependent board chairmen.

When Senator Potter, after the McCarthy hear-

ing, signed the Republican majority report, then

issued a minority report of his own, The Man-

chester Guardian pointed out that he had "de-

stroyed his moral consistency." Here, ministers

would be resigning. aS

They Leave the Experts to Experts

Whether that's the way things should be is for

you to say. But that's the way they are. Remem-

bering that viewpoint, you can now understand

the British anti-subversive technique.

The spies they leave to the Security Services-

on the assumption key secret agents are too clever

for ordinary handling. If they're in government

they've signed the Security of the Realm Act.

No oath, it. But it makes all signers liable to

criminal prosecution under broad terms-some-

thing like "conduct unbecoming an officer" in the

Army. That's the way they got Fuchs.

This leaves to Young and his subordinates the

600,000 civil service people. Maybe ~ 350,000 of

Marin Liberty Ball

is a `Terrific' Success

Several hundred persons attended the Liberty

Ball held by the Marin county ACLU in the adjoin-

ing gardens of the Richard Bloomgarden and Dr.

Russell Merret homes in Kentfield on September

25. It was a "terrific" party that everyone

thoroughly enjoyed. :

- The weather was ideal and the setting magni-

ficent. The Bloomgarden garden had been turned

into a cabaret where people danced to the music

of a three-piece band and witnessed entertain-

ment after dinner was served.

A catering service provided an excellent dinner

which people ate at numerous tables set up in the

beautiful Merret garden. A five-piece orchestra

entertained the diners with dance music. After

dinner, Mort Sahl, humorist and satirist from the

"Hungry i Club" in San Francisco gave an: up-

roarious performance that alone was worth the

price of the evening's entertainment. In addition,

some beautiful dances were given by a troupe

from Marin county.

About midnight, those fortunate people who

had bathing suits in their cars, took a dip in the

large Merret swimming pool.

The entire affair was well planned and conse-

quently ran smoothly. There were signs in Kent

Woodlands pointing the way to the Liberty Ball

and special police officers directing traffic. There

were skilled masters of ceremony, a cigarette girl,

bars for the thirsty, etc., etc.

Such excellent organization bespeaks hard

work. At this moment, the ACLU does not know

whom to cite for the splendid job, but it does wish

generally to thank Mrs. Merret and all of the

persons who worked with her for a job well done.

It's another great triumph for the Marin ACLU-

ers! Also, the Union wishes to express its appre-

ciation to the Merrets and the Bloomgardens for

allowing the use of their beautiful gardens for

the affair. .

Incidentally, the Liberty Ball was a benefit for

the ACLU of Northern California. The News will

report on the profits of the affair in its next issue.

them are white collar. Of these, only a handful

work in "sensitive spots'"-where they could do

real and treasonable damage to the government.

The assumption is that among 600,000 people, ~

some always are bound to be Communists, some

always will bein the process of becoming Com-

munists, and always some will be getting over

being Communists. The ideas of these people can't

be changed by legislation.

So the government bothers only to keep such

people out of "sensitive spots." There they are

not tolerated at all. The instant they are sus-

pect-whether by a Securities Service check (FBI

type) or otherwise-they're removed.

No fuss is made about it, however, and their

- coworkers suppose they've taken sick leave,,. gone

on a holiday, or whatever. Even Scientist Por-

tonovo's case would never have become public

if he hadn't vanished while on vacation in Italy.

Because of a leftist brother, he already had been

transferred to routine mathematical calculations

where he could do no harm. And that was that. _

Much Is Handled at Local Level : .

Even teachers can be Communists if they like-

provided the local people will put up with it. Each

community can decide for itself. It can leave the

math teacher and kick out the history teacher if

`It likes. This'is fairly simple because civil service

lacks the holy-holy-holy qualities it hag at home.

Every civil service worker holds his job at the

pleasure of the Crown. He has neither tenure nor

any vested right to his post. If there's reason, out

he goes, And it's no use suing any one. This in-

cludes teachers. ; Sa

Actually, since anti-subversive legislation was

passed six years ago, exactly 23 persons have

been dismissed. Nineteen have resigned while un-

der suspension. Sixty-eight have been transferred. -

Twenty-eight have been reinstated. Nine are on

"special leave," pending a hearing. S

The hearings are held privately by a commis-

sion of the "elder statesmen" type-probably a

couple of retired civil servants and a retired bar-

rister. It recommends to the minister of the de-

partment involved. =

The commissioners reveal the charges to the

accused, but they don't necessarily tell him where

they got the dope-this might waste a secret

agent. But the accused is encouraged to make a

case. After protecting the country, you see, it's

the commission's duty to protect the accused. No

McCarthy committee. No McCarthy.-San Fran-

cisco News, September 10, 1954.

Case Against C.O. Dismissed

For Lack of Prosecution:

The warrant of arrest issued by U.S. Commis-

sioner Joseph Karesh of San Francisco against a

young conscientious objector to military service,

on the complaint of an FBI Agent, was dismissed

September 24 on motion of the ACLU, with the

concurrence of the United States attorney, for -

the failure of the government to prosecute.

Three months had elapsed since Locke Mc-

Corkle, who belongs to no religious sect, was ar- |

rested for failure to submit to induction in the

Armed Forces after his claim for C.O. status was

denied. Bail was posted for him by the American

- Friends Service Committee.

The deputy United States Attorney, Richard

Foster, who handled the case, had referred the (c)

matter to Washington with a recommendation

that McCorkle not be prosecuted, but had re-

ceived no answer by September 24th, when Com-

missioner Karesh dismissed the warrant with the

een that everyone is entitled to a speedy

rial.

Eviction Suits Begun Against

Non Oath Signing Tenants

Eviction proceedings were started last month -

against three families living in Richmond, Calif.,.

public housing projects because of their failure to

sign so-called "loyalty oaths,' in this case a

certificate of non-membership in organizations

listed by the Attorney General as subversive. :

There is a possibility that the Richmond Hous-

ing Authority may attempt to avoid the real con-

stitutional issue in the proceedings, because the

complaint in each case does not refer at all to the

"loyalty oath" but simply states that the lease

allows the Authority to evict any tenant upon 15

days notice. (There is no mention in the lease of

any cause being necessary for eviction.)

The ACLU is representing the three tenant

families and has filed an answer in each case

which contends that the tenants are being evicted

solely for their refusal to sign the "loyalty oath"

required by the Gwinn Amendment, and there is

no reasonable relationship between such an oath

and occupancy of public housing.

Brownell Asked to Intervene

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 BBESIG. 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 ee

OPEN FORUM

Some Of Us Are Willing

Editor: All respondents to the undersigned's re-

quest for views on an educational program agreed

that we are ready for such a program. Replies in-

cluded a check for an education fund, a volunteer

worker, and many suggestions as to what direction

such program should take, and how it should be

handled. We are encouraged to begin laying the

ground work for this program.

Until formal plans can be made we would like

to suggest the following program which each in-

terested member can conduct on his own:

During serious talks with friends and co-

workers be prepared to offer a clear, concise in-

terpretation of "What are our Civil Liberties" ?

By examining this question on his own each mem-

ber will find that the answer is not complex. Rest

assured that your ideas will not be a carbon copy

of the ideas of any other citizen. Refer to the

first amendment to the Constitution for a re-

fresher.

An interested member who speaks before or-

ganizations can, without fear of label, tell his

audience of the importance of understanding civil

liberties, and that they alone can insure the con-

tinuance of these liberties by learning what they

are, and how truly important they are.

The ACLU, with the help of its interested

members, can turn the tide against those indi-

viduals and interests who would have us believe

that Civil Liberties are dangerous words, Further

suggestions with regard to this program will be

welcomed.-C.L.

In Chicago Race Crisis

Attorney General Herbert Brownell has been

asked by the National Association For the Ad-

vancement of Colored People to make a "thorough

investigation of the race-hate inspired violence

at Trumbull Park Homes in Chicago and to pro-

secute vigorously those responsible for such in-

cidents."'

NAAPC charged that neither the city gov-

ernment nor the federal authorities have taken

"any effective punitive action against the mob-

sters" behind the disturbances, despite the

possibility that `another Cicero riot"' may be in

the making.

At the same time, the Illinois Division of ACLU

has issued a report on the disturbances at the

federal housing project that lends support to the

NAACP position that the Chicago police have

failed to act vigorously and effectively to quell

the troubles.

For a year now police have maintained a 24-

hour vigil to protect Negro families who moved

into the previously all-white project, As many as

1,000 policemen have been put on duty at Trum-

bull Park at various times. ACLU observers have

reported, however, that the police frequently show

partiality for the rioters and likewise that police

officers often fail to give adequate protection to

victims of mob violence.

They cited one instance in which two ACLU

representatives were set upon in Trumbull Park

by a number of men.

"Although harrassed and punched while being

driven a distance of a block and:a half, no police-

men of over 30 whom they passed took any step to

help them."

In another instance, project officials called off

a baseball game scheduled by Negro tenants and

their friends on the grounds that the ballfield was

too wet. A discussion ensued in the presence of a

hostile and vocal crowd of some 300 white persons.

Said the ACLU report:

"Tt seemed obvious that the police did not have

a plan of operation worked out in advance and

there were times when tragedy would have ensued

in spite of the numerous police if the crowd had

been better organized and led."

A second attempt to play a baseball game sev-

eral days later was broken up by a rioting mob of

some 300 to 400 white people. ACLU observers

again find the police remiss, this time in "demon-

strating little interest in acting effectively to

prevent the break-up of the game."

U. C. Students May Be Enrolled `Informally'

In R.O.T.C. Without Taking `Loyalty Oath'

A new "loyalty oath" controversy was kindled,

blazed and then fizzled out on the oath-scarred

campus of the University of California in Berk-

eley last month. The battle lines were drawn be-

tween Ralph E. Ornelas, a freshman English

major, and the Reserve Officers' Training Corps.

The unhappy "innocent bystander" caught in the

pressure of a pincer movement between the two

antagonists was the University Administration.

Ornelas had almost finished his registration

when he reached the R.O.T.C. sign-up table. It

was there he was presented with a "loyalty oath."

R.O.T.C. Compulsory

The University of California, like most land

grant colleges, has elected to require all able-

bodied male students to take two years of R.O.T.C.

training in order to graduate. In previous years,

only upper division cadets, those pursuing a four-

year voluntary course leading to a commission,

were required to take loyalty oaths. This semes-

ter, however, Ornelas and all freshmen and sopho-

more males enrolling in R.O.T.C. were presented

with the "loyalty oath' form with no advance

warning. (The University apparently had its first

notice of the order last Spring, but the matter was

not revealed to the University community. )

The certificate requires the students to name

all organizations on the Attorney General's list to

which they belonged or had belonged or which

they had `attended or been present at, or en-

gaged in, organizational or social activities or

activities which they sponsored," or for which the

student had "sold, given away, or distributed

written, printed or otherwise recorded matter

published by them, or with which" the student

had "been identified or associated in some other

manner."

Fifth Amendment Privilege

The certificate also indicated that if the student

claimed the `Federal Constitutional privilege

against self incrimination, . . . about all or any

part of any conduct, membership, or association

in question," then he should state "Federal Consti-

tutional privilege is claimed" or "Federal Consti-

tutional Privilege is claimed as to. . . describing

the specific part of any conduct, membership, or

association about which claim is made."

Ornelas refused to sign this form on the ground -

that he could see no relationship between regis-

tering and signing an oath-and particularly one

ACLU of Northern California

Distributes 1952-1954 Report

The ACLU of Northern California late last

month distributed to its membership a report

covering a two year period,-1952-1954 (to June

30, 1954), entitled "Heavy Weather." The at-

tractive 24-page printed report is available at the

ACLU office, 503 Market St., San Francisco, at

15centc per copy.

The report contains sections on "Heresy Hunt-

ing," combatting which consumed a large part of

the Union's energies during the past two years,

"Aliens," "Conformity Oaths," "Free Speech and

Assembly," "Racial Matters," "Legislation," "Mis-

cellaneous," and "Organization."

STATEMENT REQUIRED BY THE ACT OF AUGUST 24, 1912,

AS AMENDED BY THE ACTS OF MARCH 3, 1933, AND

JULY 2, 1946 (Title 39, United States Code, Section 233)

SHOWING THE OWNERSHIP, MANAGEMENT, AND

CIRCULATION OF ? ;

AMERICAN CIVIL LIBERTIES UNION-NEWS, published

monthly at San Francisco, California, for October, Ob AL

1. The names and addresses of the publisher, editor, manag-

ing editor, and business managers are:

Publisher: American Civil Liberties Union of Northern Califor-

nia, 503 Market St., San Francisco.

Editor: Ernest Besig, 503 Market St., San Francisco.

Managing editor: None. :

Business manager: None.

2 The owner is: (If owned by a corporation, its name and

~

address must be stated and also immediately thereunder the -

names and addresses of stockholders owning or holding 1 per-

cent or more of total amount of stock. If not owned by a cor-

poration, the names and addresses of the individual owners must

be given. If owned by a partnership or other unincorporated

firm, its name and address, as well as that of each individual

member, must be given.)

American Civil Liberties Union of No. Calif., 503 Market St.,

San Francisco 5, Calif.

Rt. Rev. Edward L. Parsons, Chairman, 503 Market St., San

Francisco 5, Calif.

Ernest Besig, Director, 503 Market St., San Francisco 5, Calif.

3. The known bondholders, mortgagees, and other security

holders owning or holding 1 percent or more of total amount of

bonds, mortgages, or other securities are: (If there are none,

so state.) None.

4, Paragraphs 2 and 8 include, in cases where the stockholder

or security holder appears upon the books of the company as

trustee or in any other fiduciary relation, the name of the person

or corporation for whom such trustee is acting; also the state-

ments in the two paragraphs show the affiant's full knowledge

and belief as_to the circumstances and conditions under which

stockholders and security holders who do not appear upon the

books of the company as trustees, hold stock and securities in a

capacity other than that of a bona fide owner.

. The average number of copies of each issue of this publica-

tion sold or distributed, through the mails or otherwise, to paid

subscribers during the 12 months preceding the date shown above

was: (This information is required from daily, weekly, semi-

weekly, and triweekly newspapers only.)

ERNEST BESIG

(Signature of editor, publisher, business manager, or owner)

Sworn to and subscribed before me this 27th day of Septem-

ber, 1954.

GERALDINE D. COHEN

Notary Public in and for the

City and County of San Francisco,

State of California.

(My commission expires January 11, 1957)

(SEAL)

as vague and ambiguous as this one. For several

days, it seemed as if he were to be barred as a

student at the University.

Statement By Chancellor

On Wednesday, September 22, a statement was

issued by Chancellor Clark Kerr, which was clari-

fied the next day, announcing that Ornelas and all

other similar non-oath signing students would be

allowed to continue their education at the Univer- |

sity and satisfy the R.O.T.C. requirement by in-

formally enrolling in R.O.T.C., but would not be

issued uniforms, or insignia.

Chancellor Kerr stated that the Congressional

intent in passing the rider to a Defense Depart-

ment Appropriation Act covering R.O.T.C. sub-

sidies, was that the oath requirement would apply

only to men planning to take the elective four-

year course and not to those taking the two-year

course required of all male freshmen and sopho-

mores, However, he did not explain why the two-

year men who fail to sign the oath would not be

permitted to wear the R.O.T.C. uniform. Chan-

cellor Kerr emphasized that this did not "involve

any sort of a loophole" in the law.

In declaring the matter closed, Chancellor Kerr

made the following statement:

University Not Army Controls Admissions

"This decision was clearly consonant with the

intent of the federal legislation. To refuse to ac-

cept such enrollments would mean, in effect, mak-

ing University admission contingent upon the

execution of a loyalty certificate by some stu-

dents (those eligible for military training) and

not by others. It would also mean that an external

agency, rather than the Regents and administra-

tive officers, would be determining which students

should be admitted or denied admission to the

University." :

As a result of the Chancellor's statement, Orne-

las has been enrolled "informally" in R.O.T.C. |

While the issue was pending, he was represented

by the ACLU.

Soldier Faces Army Removal |

For knowing Wrong People

Three months before his scheduled discharge, .

the Army has brought removal proceedings

against an inductee at Fort Ord because he knows

some people who either have had bad associa-

tions, were subscribers to Communist publications

or were in sympathy with Communist or Com-

munist front groups. Thesoldier, who asked for a

hearing, faces a possible dishonorable discharge.

While Army regulations provide that the so- -

called `Letter of Allegations" served upon the

soldier "will cite the derogatory allegations

against the respondent in sufficient detail to en-

able him to prepare his defense and will be as

complete as security considerations permit," the

persons really complained about must be guessed

at by the soldier.

The two charges are as follows: a. That he

"Listed ag character references three individuals -

who were associated or in sympathy with Com-

munist or Communist front organizations." (It is

noteworthy that the charges fail to tell when the

character references were listed or who the bad

characters are.) b. That he "Maintained an ad-

dress book in which were listed names of ten

individuals associated with Communist or Com-

munist front organizations, or who were sub-

seribers to Communist publications." (Since he

has about 75 names in his address book, the

soldier can only speculate about whom the Army

is concerned.)

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

Sas se 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. I pledge $..2.....2 per month........ Or $s per yr.

8. Please enter my subscription to the NEWS ($1.50

per year) .......

Enclosed please find $........-...0-0ee-- Please bill

Me@22 2 ee es

Name

Street

City and Zone .....

Occupation =.= =. F