vol. 20, no. 10

- American

Civil Liberties

Union-News

Sh

"Eternal vigilance is the price of liberty."

Free Press

Free Assemblage

Free Speech

VOLUME XX

SAN FRANCISCO, CALIFORNIA, OCTOBER, 1955

NUMBER 10

WUAL

Coblentz, Moon and Merryman Will |

Discuss `Loyalty, Security and Freedom'

The annual membership meeting of the Ameri-

can Civil Liberties Union of Northern California,

marking the twenty-first anniversary of the

branch, will be held at Marines' Memorial Theatre,

609 Sutter Street (at Mason), San Francisco,

Tuesday evening, October 18, at 8 o'clock. William

K. Coblentz, San Francisco attorney, Rev. Robert

W. Moon, minister of the First Methodist Church

of San Leandro, and Prof. John Henry Merryman

of the Stanford Law School will discuss "Loyalty,

Security and Freedom" from various standpoints.

Mr. Coblentz, who recently supervised the San

Francisco end of Adam Yarmolinsky's Fund for

the Republic sponsored study of cases arising un-

der the various Federal personnel security pro-

grams, will discuss the results of the survey in

this area and his own impressions about the opera-

tion of the security program.

Tax Exemption Loyalty Oath

The Kev. Moon, whose church refused to sign ~

the tax exemption loyalty oath and then won the

first round of a court fight to recover taxes paid

_ under protest, will tell why his church refused to

sign the oath. ,

Prof Merryman will wind up the discussion by

answering the question, "Whose Security?" Each

talk is limited to fifteen minutes.

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 report on the state of

the Union.

The Speakers

William K. Coblentz practices law in San Fran-

cisco. He is a former Deputy Attorney General of

the State of California and former director of the

American Committee on United Europe. He was

associated with the Fund for the Republic at its

4.Year Naturalization

Delay Challenged By ACLU

After vainly waiting for eight and one-half

years for the Immigration and Naturalization

Service to complete its "investigation," the ACLU

filed a motion in the San Francisco Federal Court

to calendar a hearing on a petition for naturaliza-

tion for a Russian-born woman who has lived in

this country for thirty-two years. oe

Her petition for naturalization was filed on

February 27, 1947, and the Naturalization Service

has refused since then to make any recommenda-

tion as to whether the petition should be granted

or denied, contending it needs more time for in-

vestigation. The average time needed to process

naturalization petitions is generally a matter of

months. Vain inquiries as to the progress of the

investigation have been made by ACLU Director

Ernest Besig, who had represented her in natural-

ization hearings, as well as former Congressman

Franck Havenner.

At a hearing on the motion before Federal

Judge George B. Harris on September 26, Natural-

ization Service representative Daniel Lyons, still

contended that more time was needed. Judge

Harrig took the motion under advisement.

The Service contends that the lengthy investiga-

tion is needed to determine the character of or-

ganizations the woman had worked for in the

1940's, including the American Russian Institute,

and the People's Educational Center of Los An-

geles.

inception and is a former lecturer at Hastings

College of Law.

The Rev. Robert W. Moon graduated from the

University of California in 1937. He has been

pastor of the First Methodist Church in San Lean-

dro for the last two years and before that he held

a pastorate in San Francisco for nine years. He is

a member of the National Council of the Fellow-

ship of Reconciliation.

Dr. John Henry Merryman is associate profes-

sor of law and law librarian at Stanford Univer-

sity School of Law, with which he has been asso-

ciated since 1953. Prior to that he taught at Uni-

versity of Santa Clara College of Law and New

York University School of Law. He holds a J.S.D.

degree from New York University. He is an author

of books and articles and a frequent lecturer on

the United Nations and on civil liberties.

`Question Period

The Union hopes that its meimbers wlio reside,

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

tend the meeting and that they will make it an

occasion to invite their friends. There will be an

opportunity for questions after the main addresses

are delivered.

There is no admission charge. Exactly 660 ex-

cellent seats are available in a comfortable thea-

tre. The meeting is open to all who are interested.

Intervention Authorized

in "Turncoat'' POW Cases

The Northern California ACLU Executive Com-

mittee, at its September meeting, authorized the

filing of an ACLU "friend of the court' brief in

the cases of ex-P.O.W.s William A. Cowart, Otho

G. Bell, and Lewis W. Griggs, who first went to

Communist China and then changed their minds

and returned to the United States. The brief will

contend that the Army lacks jurisdiction to try

the men since it chose to give them dishonorable

discharges, thus making them civilians.

As civilians they could still be tried in federal

court for any of the alleged offenses they com-

mitted, hut they would have the benefits of a jury

trial, and the procedural guarantees of the Bill

of Rights.~ -

All three are presently being held by the Army,

although petitions for writs of habeas corpus have

been filed in federal court asking Judge Louis

Goodman to order their release.

Ruth Kingman on Lecture Tour

Mrs. Hary Kingman, member of the ACLU's

Executive Committee, is spending October and

November on a lecture tour in Great Britain. The

trip is under the auspices of the British-American

Associates of London, England.

Facts About the Meeting

Time: Tuesday evening, Oct. 18, at 8 o'centlock

Place: Marines' Memorial Theatre, 609 Sut-

ter St., San Francisco (corner of

Mason St.)

Subject: "Loyalty, Security and Freedom."

Speakers: William K. Coblentz

Rev. Robert W. Moon

Prof. John Henry Merryman

Ernest Besig, report

Chairman: Rt. Rev. Edward L. Parsons

No Admission Charge Public Invited

T. IS

ACLU Wins Four.

Port Security Cases

The ACLU has recently received favorable

decisions in four Port Security cases. :

In one case, a seaman was screened June 10,

1952 but took no appeal until almost three years

later, March 17, 1955. At the same time he re-

quested a copy of the charges. Instead of furnish-

ing the charges, and without a hearing, the Coast

Guard issued a clearance on June 24.

The second case is noteworthy because it took

eleven months to receive a clearance after the

hearing was held. The case had its inception m

early 1951 when the employee, a longshoreman,

was screened. It was only after he lost his first

two hearings that he came to the ACLU for help.

An appeal was taken to the Appeal Board in

Washington, D.C., but before the case was adjudi-

cated the regulations were changed to allow the

issuance of specific charges.

The charges alleged that the employee attended

a Communist meeting in Beaumont, Texas, in

1942 and that he expressed a willingness to join

the Party. It was aiso charged that he substribed ~~

to "The Worker" in 1943, and that he was a paid

employee of the Bridges-Robertson and Schmidt

Defense Committee in 1950 and a chairman of the

Defense Committee in the East Bay in 1951. Final-

ly, it was claimed he had been active in the Civil.

Rights Congress in 1951 and that he received

Communist support when he ran for councilman in

Oakland in 1951. :

A favorable decision in a third security case was

not handed down until eight months after the

hearing. The only charge was one of association

with his wife who was a member of the Commu-

nist Party from 1942 to 1944 while he was in the _

Army.

The fourth and final favorable decision involved

a merchant seaman who was screened May 3, -

1951. More than four years later, after numerous

hearings, he was found not to be a security' risk. .

The charges involved. membership in the Commu-

nist Party in 1937, and subsequent membership

in the Independent Socialist League, in 1939-41

and. then membership in the Socialist Workers

Party in 1941.

In each case, the man was represented by the

ACLU through the Union's local director.

Appeals Court Hears

Mass Case Argument

On September 19, Staff Counsel Lawrence

Speiser argued the case of John Mass, San Fran-

cisco City College teacher who was fired under the

Dilworth Act for refusing to answer questions of

the House Un-American Activities Committee,

before the State District Court of Appeals in San

Francisco.

The argument was uneventful, although Pre-

siding Judge John T. Nourse indicated before-

hand that he would probably follow the recent

State Supreme Court decision in the Steinmetz

case, upholding the similar talk-or-be-fired Luckel

Act.

Speiser, however, pointed out that Mass him-

self had given information that he was formerly

a Communist party member to his employing

school district, and that he offered to answer any

questions of the members of the San Francisco

Board of Education, whereas the Steinmetz case

was decided on the grounds of the employer's

right to know if its employees are loyal.

The case is presently under submission to the

three-judge court composed of Nourse, Maurice

T. Dooling and Herbert C. Kaufman. The San

Francisco Board of Education wag represented

by its counsel, Irving Breyer.

Page 2

"AMERICAN CIVIL LIBERTIES UNIQN-NEWS

October, 1955

Theatre Union's Expulsion

Of Member Challenged

The American Civil Liberties Union charged

last month that the expulsion of a Portland, Ore-

gon motion picture operator from the AFL Inter-

national Alliance of Theatrical Stage Employees

and Moving Picture Machine Operators Union be-

cause he brought a complaint against the union

to the National Labor Relations Board was an

"invasion of an individual's constitutional rights."

The ACLU urged the IATSE to rescind its ex-

pulsion decision and take steps to repeal the union

by-law under which the expulsion action was.

taken.

- The ACLU made public a letter sent to Richard

F. Walsh, president of the IATSE, at the union's

headquarters in New York City, concerning the

case of J. Carlyle Ross which is now on appeal be-

fore the AFL international union. Ross, who for

several years has charged violations of union

democracy in the Portland Local 159, claims that

he had been denied seniority rights and assigned

to poorer paying jobs because of his opposition to

_ union policies. As a result, Ross filed a complaint

with the NLRB regional office in San Francisco,

which is now holding hearings.

_ After bringing his case to the NLRB, Ross was

expelled because he violated a union by-law re-

quiring that a member not take his grievance to

the courts without first exhausting his intra-

union remedies.

_ The ACLU letter, after pointing out that the

NLRB was an administrative agency and not a

court, attacked the by-law on its face ag a viola-

tion of freedom of expression. . to expel a man

for prematurely attempting to use legal process is

virtually to deprive a man of his livelihood simply

because he has exercised his right to petition in a

. court of law for a redress of his grievance, a right

granted to him and protected by the laws and

constitutions of the United States and several

states. To expel a member because he chose to

exercise a legal right strikes us as arbitrary and

oppressive, and violative of the First Amendment

right of freedom of expression. It amounts to an

arrogation of power by the union to decide a judi-

cial case to which it may be a party."

The ACLU argued that in reality labor unions

are protected against premature court action by

a rule generally required by courts that a person

use his intra-union remedies before bringing

action in the courts. -

The ACLU asserted that it had equally strong

_ feelings about Ross' expulsion because he peti-

' tioned the NLRB. "While less shocking than the

expulsion of a union member because of his appeal

to the court, such a union rule is less justifiable.

There is no requirement that a person exhaust his

- remedies within the union before he goes to the

NLRB. Under the federal constitution, whose

First Amendment guarantees freedom of speech,

Mr. Ross had a constitutional and equitable right

to seek the aid of the NLRB. Assuming that Mr.

Ross' action nettled the union and caused union

officials to expend time and effort in answering

_ the complaint, to dismiss him from the union for,

in effect, using his constitutional right of expres-

sion is a "totally unfair and unwarranted decision.

It is especially regretted when it is done by a labor

union, as the labor movement depends for its sur-

vival and growth on its own right of free expres-

sion; to attack the Amendment which guarantees .

_ free speech is to attack its own freedom."

- The ACLU informed the IATSE that it hoped |

the international union would act favorably on

Ross' appeal, but that if it rejected the appeal,

the ACLU will support any appropriate action

Ross may bring in the courts to set aside the un-

ion's decision, a Tie an appeal to the U.S.

Supreme Court.

ACLU Jobs Available

The ACLU is now accepting applications

for two new jobs resulting from its expansion

program. The jobs will become available

either December 1 or January 1.

The first job is that of public relations di-

rector. The position requires establishing lo-

cal ACLU chapters and maintaining a liaison

with them, directing membership drives, edit-

ing the monthly NEWS, preparation of the

annual report, and preparation of press re-

leases.

The second job is secretarial in its nature.

Incidentally, the ACLU uses electric type-

writers.

On October 15 there will be a vacancy at

the office when the present typist-clerk leaves

for maternity reasons. With her departure

there will be a reassignment of duties and the

new employee will be expected to maintain

the membership records and prospect files,

cut Elliott addressing machine stencils, etc.

Applications for all positions. should be

made to Ernest Besig, local director.

ACLU Prevents Deportation on Basis of

Confidential Information :

A USS. District Court judge in Washington, D.C.

has ruled that Carlos and Victoria Maeztu, New

York City residents, could not be denied a suspen-

sion of their deportation on the basis of confiden-

tial information not made known to them. The

case arose in 1953 when the Board of Immigra-

tion Appeals ruled that the Maeztus, parents of

three American children, who had legally entered

the country from Spain under a treaty then exist-

ing, were deportable because the treaty had

lapsed. While normally parents of American chil-

dren are entitled to have deportation suspended,

and the Maeztus had also been in the U.S. more

than seven years, which would entitle them to

"suspension of deportation, the Board of Immi-

gration Appeals ruled that it would exercise its

discretion so as to deny suspension of deportation

on the basis of confidential information that it

possessed. The Maeztus were granted the privi-

lege of voluntary deportation.

Record Finally Made Available

The ACLU learned of the case from the Maeztus,

but its staff counsel was denied the right to ex-

amine the record of the case by the Immigration

Department on the claim that it was confidential.

Arguing that there was a right to examine the

record to see if the Maeztus' statement of the case

could be verified and to take legal steps to prevent

their deportation if their claim was correct, the

ACLU brought suit in the federal District Court in

New York City. While the suit was pending, the

Immigration Service made the record available to

the ACLU. The judge reprimanded the Immigra-

tion Service for having failed to make the record

available, but ruled that the action should have

been brought in Washington rather than in New

York. Since the record bore out the Maeztus' con-

tentions, ACLU cooperating attorney Jack Was-

sermhan in Washington brought suit to get the

court to rule unconstitutional the use of confiden-

tial information to deny suspensions of deporta-

tion. A temporary injunction was secured in 1953

preventing the deportation.

Recently, Judge James W. Morris ruled in

ACLU's favor. Though he knew that the U.S.

Court of Appeals in New York had ruled other-

wise in a case in which the alien had illegally en-

tered the country, Judge Morris felt this other:

decision (in the Matranga case, which the Sup-

reme Court refused to review) was not binding

upon him. Said Judge Morris: :

Value of `Confidential Information"

a "Undoubtedly confidential information is of in-

estimable value to executive officers. in the per-

formance of their duty, and I would not wish to

be understood as saying anything to the. con-

trary. But such great value is that it may be, and

frequently should be, used in obtaining factual

data that may be used of record. It is not in and

of itself the stuff of which decisions affecting the

life, liberty and property of persons are made. It

has long been an American tradition that aliens

within our shores are treated with the justice and

consideration which we believe our citizens in for-

eign lands should enjoy. To say that these plain-

tiffs, the parents of three American children,

should be deported, which also means in effect

the deportation of such American children, upon

the basis of `confidential information,' which may

be no more than anonymous hearsay rumors, or

even unexplained membership in some organiza-

tion listed by the Attorney General as subversive,

is to deny that the Government is competent to

function in such fashion as to give every one with

which the Government deals the right to know

upon what basis such action is taken. There is no

place in this Government, in its legislative, judi-

cial or executive departments for arbitrary action,

and there is no way to know whether such action

is arbitrary or not, unless the basis upon which it

is taken is revealed. It seems to me to be of im-

mense importance now that the principles of this

Government in this respect be unegawocally

stated."

No Legislative Authority

Judge Morris also pointed out that the Maeztus

were being deported under a 1924 act and that no

regulations existed authorizing the use-of confi- |

dential information until the 1952 Immigration

and Nationality Act. This, he said, indicated that

there was no legislative authority for the proce-

dure used in this case. He also pointed out that it

was the hearing officer, not the Attorney General,

who exercised the discretion which the law gives

to the Attorney General. 0x00B0* :

It is expected that the Government will appeal

the case. f

ACLU Lawyers Here

Addressed By. Yarmolinsky

Washington D. C. aS Adam Dee

who heads the Fund for the Republic study of the

various Federal personnel security programs, dis-

cussed some of his preliminary findings before

the luncheon meeting of attorney members of the

Northern California ACLU on September 22.

Although emphasizing that the nationwide

study is still continuing, Yarmolinsky pointed out

several problems, or "areas of friction' which

have become apparent.

The major one, he said, is the need for a sifting

of the unevaluated gossip and reports that are

currently sufficient to bring an employee before

a security board. Many individuals, he felt, would

never have been suspended for months on end

(without pay) and forced to go through the hard-

`ships of security proceedings, if an initial intelli-

gent determination were made.

Yarmolinsky, a former law clerk for U.S. Sup-

reme Court Justice Reed, also felt that there is a

need for boards to have subpoena powers to com-

pel the attendance of witnesses. His study so far

seems to indicate that the great bulk of informa-

tion which is placed before security boards does

not come from secret government undercover

agents whom the government wishes to protect,

but from gossip and casual informants. He noted

the argument of investigative agencies that the

sources of gossip must be protected by anonymity

or else the flow of gossip would dry up.

However, he said, that the results of the study

so far seems to indicate that the importance to

accused persons of confronting and cross-examin-

ing their accusers is not as great as would appear.

"Confronting of witnesses might establish

facts," Yarmolinsky said, "but the crucial issue

is more often one of judgment. 2

The boards, in many cases, he said, apparently

set no limits in the. scope of their questioning in

~ reaching subjective judgments whether the ac-

cused employee "`is the kind of person who should

be kept in Government service.'

Taking note of the audience he was addreseiny:

the Washington lawyer emphasized the import-

ance to individuals brought up before security

boards to have adequate legal counsel.

The meeting, attended by sixty ACLU lawyers

and guests, is one of the monthly luncheon meet.

ings held by the group. The October meeting ten-

tatively set for October 20th will be addressed by

State Attorney General Edmund G. "Pat" Brown.

Favorable Decisions in Two

Naval Reserve Officer Cases

Two naval reserve officers who were charged

with being "security risks," although neither had.

been on active duty since World War II, recently

received favorable decisions from the Secretary

of the Navy.

Both men received charges approximately a

year ago, alleging that their retention in the

Naval Reserve was "not clearly consistent with

the national security," and they were offered the

alternative of submitting resignations (and re-

ceiving discharges under dishonorable conditions)

or demanding hearings on the charges. The two

men consulted with the ACLU and requested

hearings.

One was charged with being "unduly critical of

the government and the laws of the United

States," and of `having a reputation in Marin

County as being a Communist." Further, it was

charged that his wife and father had allegedly

once been Communists.

He was recently notified, after a hearing last

December, that his continued retention in the

Naval Reserve ` `was clearly consistent with the

national security."

The other officer (a Lieutenant Commander) ~

was charged with being a member of the Ameri-

can Russian Institute, Palo Alto Peace Club, the

Peninsula Committee for Justice in the Rosenberg

case, and the Independent Progressive Party. He

was given a General Discharge under honorable -

conditions.

These cases completed the four naval reserve

officer security cases arising in 1954 which have

been handled successfully by ACLU Staff Counsel

Lawrence Speiser. In two of the cases, the reser-

vists were retained in the naval reserve and in the

other two, they were given general ES

under honorable conditions.

However, another naval reservist this past

month has turned to the ACLU for representation

after receiving a statement of charges. He is

charged with making contributions to the Joint

Anti-Fascist Refugee Committee and association

with Communists "as late as 1951." He is also

accused of close association with his wife who was

allegedly active in the Independent Progressive

Party, subscribed to the People's World and was

an employee of the California Labor School "as

late as 1946."

October, 1955

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

ACLU Announces Study of

Government News Access

The American Civil Liberties Union announced -

recently that it had begun a study of the denial

of access to government information.

The Union disclosed that the ACLU had author-

ized Allen Raymond, author and former foreign

correspondent, to conduct the probe. The ACLU

said the study would spotlight the areas of gov-

ernment where the press and other mass media

have experienced difficulty in obtaining informa-

tion.

Informed Public Opinion

"Access to government news by the mass media

of communication," the ACLU said, "is the heart

of democratic government. Our democracy de-

pends on an informed public opinion, by which the

public may judge for itself the merits of various

social issues and the performance of government

leaders. Only if the press and other media of com-

munication have free access to information about

government operations can the public be properly

informed, and the mass media carry out its func-

tion, which is protected by the First Amendment.

"In a time of tension the needs of national se-

curity may dictate that certain curbs be placed on

government information, but we are seriously

concerned that in the name of `security' the re-

strictions are so great that information is denied

the mass media and a system of government cen-

sorship may be developed.

Less Sensitive Agencies Included

"The problem of access to government informa-

tion transcends those agencies, like the Defense

Department and the Atomic Energy Commission,

whose prime purpose is to defend the military

security of the country. While obviously we are

concerned about reported abuses in these agencies,

we also are determined to survey the activities

of less sensitive departments.

"We expect that Mr. Raymond's report will

discuss through case examples not only the poli-

cies which now guide the dissemination of infor-

mation by government agencies, but the way in

which these policies are being carried out. His

findings will be made available to members of the

executive and legislative branches of the govern-

ment, as well as the public.

- Union Fortunate

_ "The Union considers itself fortunate to have

a. reporter of Mr. Raymond's experience and

knowledge in charge of our study. As a journalist

at home and abroad, he has observed the opera-

tions of government agencies and their handling

of news and is especially equipped to survey the

problem."

Mr. Raymond's newspaper career covers 37

years, including service as chief of the New York

`Times London Bureau, chief of the New York

Herald Tribune Rome and Tokyo Bureaus and

World War II war corespondent for the Saturday

_ Evening Post. Mr. Raymond has covered such

famous civil liberties cases as the Sacco-Vanzetti

case and the Scottsboro trials. Recently he has

written articles on the problems of censorship for

The Reporter magazine.

Ban On Book Refused By

Massachusetts High Court

The Massachusetts Supreme Judicial Court re-

cently turned down the appeal of the Krebiozen

Research Foundation of Chicago which sought an

injunction banning from publication a book crit-

ical of the Krebiozen drug as a cancer cure.

The Foundation appealed a dismissal of its

equity suit to enjoin the Beacon Press, Inc., of

Boston from printing a book titled `"Krebiozen:

The Great Cancer Mystery," after Judge Joseph

J. Hurley in Suffolk Superior Court ruled that the

court could not prohibit publication of the book.

The volume was written by George D. Stoddard,

who resigned from the presidency of the Univer-

sity of Illinois at the height of the controversy

over the drug.

Liberty

Ball Successful

_ There were exactly 301 paid attendants at the

Marin County Chapter's Second Annual Liberty

Ball held on September 24 at the home of Dr. and

Mrs. Russell F. Merret in Kent Woodlands. While

the weather was slightly chilly for "Marvelous

Marin" (but not for San Franciscans), it inter-

fered only slightly with the dining, dancing and

entertainment.

According to Sali Lieberman, the profits will be

greater than at the First Liberty Ball. A complete

financial report will be given in a future issue of

the "News."

In the: meantime, the ACLU extends its congra-

tulations and thanks to the hard-working group

that made the party a huge success.

ACLU Initervenes in Six New Security

Cases at Fort Ord Involving Draftees

Six new security cases, involving inductees into

the U.S. Army, who are stationed at Fort Ord,

have arisen during recent weeks. In each case, the

inductee faces an `Undesirable Discharge" solely

because of alleged associations prior to his induc-

tion. In each case, too, the inductee is being rep-

resented by the ACLU through Ernest Besig, the

Union's local director. -

The charges in the various cases are as follows:

Case No. 1. The inductee refused to sign a

loyalty certificate (this includes a declaration as

to whether the person had associations with any

of the groups on the Attorney General's list). It

is also alleged that he attended an International

_ Workers Order children's camp, subscribed to the

People's World, gave a character reference and a

credit reference who have bad associations, and

has a wife who was on the mailing list of "New

Challenge." Most of these charges were denied.

Case No. 2. Once again the inductee refused to

sign the loyalty certificate. It was also alleged

that he had maintained a close, continuing asso-

ciation with his uncle, who was alleged to be a

Communist, as well as another person who had

been a Communist in 1945. There was also a gen-

eral charge that the inductee, since 1951, had

"maintained. a sympathetic association with the

Communist Party or members thereof."

Case No. 3. This inductee also refused to sign

the loyalty certificate. It was also alleged that he

Last Month's 'New Look'

Did you notice the ACLU-NEWS' "new

look" last month? The usual three columns

were replaced by five columns, resulting in

a greater flexibility of make-up, and the space -

consuming masthead shrank considerably.

A few people sent the NEWS their com-

ments. One referred to the "sparkling new

format," and the improvement in readability.

Another said it "Looks better .. . reads bet-

ter." A third person said the new format was

"excellent." '

'The response to the changed format at th

last Executive Committee meeting was mixed.

Some members approved and others disap-

proved. Still others hadn't even noticed that

a change had taken place. -

Those who disapproved gave various

reasons. The masthead in particular and the

newspaper generally, it was said, lost a. dis-

tinctive quality in the new format. It was also

said that the new 8 point type is not as read-

`able as the old 10 point type. ie

The printer may have the last word in

selecting the format of the NEWS. The cost

of last month's "new look" was $25 more

than the usual cost of printing. The printer

says he pulled the new charge out of the air

and that he wants to take another look at

his quotation. If printing charges for the

`new look" add a substantial amount to the

Union's budget, the membership will have to

content itself with the "old look."

In any case, won't you please tell us what

you thought of last month's "new look."

Passport Division

Surrenders in 2 Cases

Alleged membership in the Communist Party

held up an applicant's passport for five months,

even though an FBI agent who interviewed her

admitted that on second questioning the informant

could not remember her.

On August 1, Frances G. Knight, head of the

Passport Division, complained in a letter to the

ACLU of Northern California that the FBI's final

report setting the matter straight had not reached

her, but on August 9 the passport was suddenly

issued and the wife and her husband departed for .

Europe where the latter has a fellowship. The

Passport Division had previously offered to let

the husband go alone, but-he refused to leave his

wife. ce

Apparently on the basis of the same erroneous

information, the U.S. Embassy in Paris, in 1953,

had lifted the passports of husband. and wife

despite their affidavits denying they had ever

been members of the Communist Party. Upon

their return to this country they reiterated their

denials to agents of the FBI who interrogated

them, and also submitted new affidavits to the.

Passport Division.

The local office of the ACLU also extended help

in a second case where a passport was withheld

several weeks for some unexplained reason. Re-

quests for help from a number of prominent poli-

ticians apparently produced enough pressure to

cause the issuance of the passport.

had in his possesion in August 1954 the Summer

1954 issue of Science and Society, that he had an

association with a Communist in 1954, and that he

listed a Communist ag a character reference.

In connection with the failure of inductees' to |

sign loyalty certificates, it should be noted that

the Army informed them that this was purely

voluntary. It did not advise them that they would

be penalized in any way if they refused to sign

the certificates. Only recently, however, the regu-

lations have been changed and the Army now in-

forms inductees that failure to sign the loyalty

certificate will be held against them.

Case No. 4. This inductee signed: the loyalty

certifcate. It is alleged, however, that both he.and

his brother were on the mailing list of the Social-

ist Workers Party, that he was a member of the

Young Progressives in 1950-1951; that he asso-

ciated with two alleged Communists, and that he

stated he "would like to go to Russia for a year

or so to see how things are run over there,' and

that they have a "pretty good deal for the working

man"' there.

The day before this case was scheduled for a

hearing, the file was suddenly requested by the

Pentagon and the hearing cancelled. The man `is

scheduled for discharge on February 11, 1956 so

there is not very much time left to process his

security case. :

Case No. 5. This inductee also signed the loyal-

ty certificate, but he indicated on it that he had

attended some meetings of the Independent Social-

ist League in 1949. He is also charged with having

been a member of the Young Progressives at Reed

College from 1947 to 1949, and with having main-

tained a sympathetic association with two former

members of the Communist Party as well as his

mother, who is alleged to have been a member of

the Southern Negro Youth Congress.

Case No. 6. In this case the inductee also signed

the loyalty certificate, but he was charged with

having a close association with his mother and.

grandfather who are alleged to have a record of

bad associations. Incidentally, the grandfather -

was cleared in a loyalty proceeding. In addition, -

the inductee is alleged to have a close association

with a man "who was a member of the Architects

Committee of the National Council of American

Soviet Friendship," and with having been a mem-

ber a the age of 15) of the California Labor

School.

Hearings have already been held in three of the

aforementioned cases but no decisions have been

reached. In prior cases at Fort Ord in which the

ACLU appeared for the inductees, four inductees

were cleared and two received "Undesirable" dis-

charges. Further action is planned in the latter

cases.

Deportation of Former |

indonesian Official Stayed

A government order to deport Hasan Muham-

mad Tiro, former Indonesian government official,

has been held up following a request for political -

asylum for Tiro to President Eisenhower by the .

American Committee for Cultural Freedom, the

American Civil Liberties Union, and a group of

distinguished public and academic figures.

Tiro, 29, formerly was secretary to Prime Min-

ister Sjafruddin Prawiranegara, and from 1950

to 1954, was head of the research department of

the Indonesian Embassy in the U.S.

He resigned this post in 1954, protesting what -

he terms "totalitarian practices and the increas-

ing infiltration and control by the Communists

and their collaborators of the present Indonesian

government."

Indonesian authorities invalidated his passport

and ordered him to return. Later, he submitted a

report on violations of human rights by the Sas-

troamidjojo government to the United Nations

Commission on Human Rights. Tiro is a member

and official of a movement called the "Islamic

Republic of Indonesia," which has announced its

desire to restore a democratic form of govern-

ment to the home country.

As a result of the present Indonesian govern-

ment's attempts to suppress this movement, Tiro

*has stated he fears his enforced return to Indo-

nesia would result in physical persecution.

"We urge you," the telegram to President Eisen-

hower said, "to act to prevent his deportation and

thereby to maintain and strengthen the tradition

of political asylum and the prestige of the U.S. in

the Far East." Signers include James T. Farrell,

Reinhold Niebuhr, Matthew Woll, Norman Tho-

mas, C. Dickerman Williams, Max Lerner, .Lionel

Trilling, Jay Lovestone, Daniel Bell, Karl A. Witt-

fogel, Patrick M. Malin, Richard H. Rovere and

Elliott E. Cohen.

e

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

October, 1955

(R)

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

ERNUST BHSIG, (23 pe 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 4s

Urge Dropping of Second

Prosecutions for C.O.s

The American Civil Liberties Union has urged

the Department of Justice to drop second prosecu-

_ tions against conscientious objectors.

The ACLU made public a letter it sent to Attor-

ney General Brownell asserting that repeated ap-

plication of the law to conscientious objectors

who have already served prison terms for their

beliefs smacks of harrassment and vindictiveness,

which I am sure you agree has'no part in a gov-

ernment dedicated to democratic ideals. In urging

the change of policy, the ACLU requested that

the U.S. attorneys be informed of this change.

"The Union realizes that if a conscientious

objector fails to register for the draft or other-

wise violates the Selective Service law because of

his beliefs, the Department of Justice can prose-

cute the individual each time that he fails to

comply with the Selective Service law. Such prose-

cutions are technically feasible, but attorneys of

the Department can also exercise special care in

selecting those cases which should be prosecuted.

We recognize that the Department has the obliga-

tion to enforce the law, but we feel that repeated

application of the law to conscientious objectors

who have already served prison terms for their

beliefs smacks of harrassment and vindictiveness,

which I am sure you agree has no part in a gov-

ernment dedicated to democratic ideals. Technical-

ly, the conscientious objectors are violating the

- Act again, but in reality their action is a con-

tinuing course of conduct based on their beliefs.

' As many cases have shown, such persons will not

be coerced by repeated prosecutions into comply-

ing with the Selective Service law, so the govern-

ment does not accomplish its objective by prose-

cuting people again for what is in essence the

same offence.

`Tn addressing these comments to the Depart-

ment of Justice, the Union wishes to note the

steps taken by the government to recognize the

rights of conscientious objectors. We request now

that it make one more advance and refrain from

further prosecutions growing out of the indivi-

dual's conscientious beliefs, which are protected

by the First Amendment. . ;

"There is no danger that observance of the

Selective Service law will be seriously threatened

if the comparatively small number of conscien-

tious objectors are allowed to practice their be-

liefs after their original' conviction. Our society

will not be any more secure because these men are

sent again to prison, and we suggest that our

"country will be harmed by the appearance of

vindictiveness that repeated prosecutions give,

especially in the area of private conscience and

beliefs."

Undertake Study of Tenure

in American Colleges

Columbia University has announced a pilot

study of the law and practice which governs ten-

ure in American colleges and universities. A grant

in assistance of $10,000 has been made by the

Fund for the Republic. The University's American

Academic Freedom Project, of which Dean Louis

M. Hacker is chairman, will be in charge of the

project. :

The study is intended to throw light on the

central element in the employment position of (c)

teachers in higher education. The legal aspect of

the inquiry will cover state laws, administrative

decisions, cases, and contract terms. A full review

will also be made of operating practices at the

regental or trustees, presidential, school or col-

lege, and departmental levels. Law and _ practice

will be considered in relation to the standards ap-

proved by professional associations. As a pilot

`study, attention will be focused on institutions in

California, Illinois, and Pennsylvania. a

The directors of the study are Professor Clark

Byse and Dr. Louis Joughin. Dr. Byse is professor

of Law and vice chairman of the academic Senate

at the University of Pennsylvania, and is chair-

man of the Committee on Academic Freedom and "

Tenure of the Association of American Law

Schools. Dr. Joughin is assistant director of the

American Civil Liberties Union, executive officer

of that organization's national Academic Freedom

Committee, and is a lecturer in history at Colum-

bia University. ,

ACLU Renews Appeal

`Pockets' of Inequality

The American Civil Liberties Union recently

renewed its appeal to the United States Navy to

put an end to the remaining areas of discrimina-

tion within the service. The Navy says it is doing

so. But a cordial exchange of letters between the

ACLU and the Navy nevertheless indicates an

area of disagreement on whether Negroes receive

the same opportunitis as whites.

Pockets Of Inequality

On June 16, the Union released a study of the

Navy practices which pointed out these pockets

of inequality: Negroes still receive discriminatory

treatment in Cooks, Bakers and `Stewards

Branches; they do not receive equal opportunity

for appointment to regular naval ROTC; and they

are not given equal treatment in line duty promo-

tions for officers and for overseas assignments.

Navy Assistant Secretary Albert Pratt in

charge of personnel and reserve forces, replied on

July 5 that the ACLU was wrong on all counts.

The Union replied to Pratt's criticism on July 25.

Pratt said the Cooks and Bakers Branch does

include Negroes and that the Stewards Branch

includes whites. The ACLU says it hopes the

change has been made in more than token num-

bers because its investigation has shown that in

the wardroom detail of ships, the Cooks and Bak-

ers Branch was almost entirely white, while the

Stewards Branch was almost entirely Negro.

ROTC Program Discriminatory In Practice

The Navy contends that its ROTC program is

"completely impartial in its selection of candi-

dates and that there are no restrictions designed

to eliminate or discourage the member of any

particular race." The ACLU points out that the

Navy's policies may be democratic in principle but

that the eventual choice of ROTC candidates is

discriminatory in practice. The ACLU notes that

the Navy requires not only ability in ROTC candi-

dates, but also character references, and the

boards which designate ROTC candidates almost

invariably place greater value on references from

white community leaders than from Negroes. And

the result, says the ACLU, is that qualified, com-

petent Negro applicants lose out.

The ACLU also urges the Navy to assist Negro

applicants for pre-Naval preparatory schools. The

Navy counters that it is obviously in no position

to dictate entrance requirements to private

schools. But the ACLU replies that if the Navy

truly desires the entrance of more qualified Ne-

groes into the Naval Academy at Annapolis, then

a simple letter from the Navy `to principals of

specialized preparatory schools urging an inte-

grated policy might have great influence. The

ACLU says this would especially be true of the

impact on parents who, .according to the state-

ments of some headmasters, are more prejudiced

than the students.

Advancement To Line Positions

On another matter of disagreement, the Navy

contends that its officers get advancement to line

positions according to their ability. The ACLU

points out that the majority of Negro Navy offi-

- cers are in the Chaplains or Medical Corps. The

civil liberties group recommends that those Negro

officers who are eligible for line duty should be

Mail Clerk Suspended From

Job For Political Remarks

An anti-Gov. Allen Shivers letter to the "sound

off" column of a Houston, Texas paper was the

basis of a 90-day suspension order by the U.S.

Civil Service Commission against a railway mail

clerk. The letter to the Houston Post opposed the

re-nomination of Gov. Shivers. -

- Curtis C. Wilson, a clerk with 29 years of postal

service experience, was provided counsel by the

American Civil Liberties Union in the hearings

held to determine if there had been a violation of.

the Hatch Act. The law bans federal employees

from actively participating in political campaigns.

The penalty, the minimum under the statute,

was invoked after the Commission found... .

"Mr. Wilson's letter (was) his contribution to an

organized campaign." In arriving at its conclusion,

the Commission described the test (of a viola-

tion) as follows: `Is there a mere expression of

opinion or whether there is a premeditated effort

to influence political action by others... .'

Following the Commission's decision, the ACLU

took the case to the federal`courts where, in the

District Court in Washington recently, it won a

temporary injunction staying the Commission's

action. The case undoubtedly will be carried to

higher federal courts.

to Navy to Clean Up

Within the Service

assigned to line duty which-with due regard for

seniority-would_in time qualify them for the

command of ships. The ACLU has found that

some of the Negro officers who are eligible and

who would prefer line duty, end up in recruiting

or public information posts.

As for overseas duty, the Navy's contention

is that, as the proportion of Negroes in the Navy

rises and as their experience increases, their pro-

portion overseas will also rise. The ACLU replies

that in actual:`fact the proportion of Negroes in

the Navy has decreased compared to the other

armed forces, and that this condition could be

changed if ACLU recommendations for a com-

plete end to racial discrimination were adopted.

Publicizing Opportunities For Negroes

Navy secretary Pratt and the ACLU also ex-

changed views on the Navy's role in publicizing

opportunities for Negro personnel. Pratt says that

the Navy has equal opportunities for all and that

to emphasize special opportunities for Negroes

would be discrimination against whites. ACLU

replies: "We feel that in institutions where dis-

crimination has long existed, it is sometimes neces-

sary to make a special effort to publicize a new

policy of integration. For example, in recent years

one girls' and three boys' preparatory schools in

Connecticut, which have never had Negro stu- |

dents, publicized their new policy of integration,

even writing to each member of their alumni asso-

ciations asking them to find qualified Negro stu-

dents for their schools. This policy resulted in

finding well-qualified Negro students."

The ACLU complimented the Navy on its new

interest in ending areas of discrimination but

pointed out that more must be done in light of

the simple statistic that in the past few years

Negro personnel has increased in the Army, Air

Force, and Marine Corps, but declined in the

Navy. "We hope such efforts will be increased

since, rightly or wrongly, Negroes now have the

impression that the Navy is the branch of the

Armed Forces in which they are least welcome."

STATEMENT REQUIRED BY THE ACT OF AUGUST 24, 1912,

AS AMENDED BY THE ACTS OF MARCH 8, 1933, AND JULY

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

"HE OWNERSHIP, MANAGEMENT, AND CIRCULATION OF

AMERICAN. CIVIL LIBERTIES UNION-NEWS, published

monthly at San Francisco, Calif., for October, 1955.

i. The names and addresses of the publisher, editor, managing

editor, and business managers are: :

Publisher American Civil Liberties Union of Northern Calit,

503 Market St., San Francisco, Calif.

Editor Ernest Besig. : "

Managing editor` None.

Business manager None.

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

dress must be stated and also immediately thereunder the names

and addresses of stockholders owning or holding 1 percent or

more of total amount of stock. If not owned by a corporation, the .

names and addresses of the individual owners must be given. If

owned by a partnership or other unincorporated firm, its name

and a as well as that of each individual member, must be

given. `

American Civil Liberties Union of Northern Calif., 503 Market

Street, San Francisco, Calif.

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

Francisco, Calif.

Ernest Besig, Director, 503 Market Street, San Francisco, 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 mone, 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. : S

_5. 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)

ion to and subscribed before me this 26th day of September,

(Seal) | MARJORIE PILE

Notary Public

In and for the City and County of

San Francisco, State of California -

(My commision expires November 5, 1957)

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