vol. 21, no. 11

American

Civil Liberties 0x00B0

Union

Volume XX1

San Francisco, California, November, 1956

Number 11

he Reverend Harry Meserve

lection of Five Newcomers to

ACLU Board -

Elects Five at

Sept. Meeting

The Reverend Harry Mes-

erve, newly-elected chairman

of the Board of Directors of

the ACLU of Northern Cali-

fornia, has announced the

election of five new members

to the Board of Directors.

The five, Theodore F. Baer,

Los Altos; Howard A. Friedman,

San Francisco; Zora .Cheever

. Gross, San Francisco; J. Richard

Johnston, Oakland; Professor

Theodore J. Kreps, Palo Alto,

were elected by the Board of

Directors at the September 6

meeting of the Board, following

the recommendations of the

Nominating Committee.

The five will be replacing

Fred Smith IV, who has re-

`signed; Bishop Edward L. Par-

yen50ns, former Board Chairman,

at who becomes an honorary *mem-

ber of the Board; Wayne Collins,

who assumes the new post of

general counsel for ACLU, and

William M. Roth, who becomes

treasurer.

THEODORE BAER

The five assuming their new

posts are: Theodore F. Baer of

Los Altos, who directs his own

advertising and public relations

firm in New York, Los Angeles

and San Francisco. A native of

Colorado, Mr. Baer received his

A.B. degree from Stanford Uni-

versity. He has served as state

president of the United World

Federalists, Board member of the

Kiwanis Club of Laguna Beach,

and publicity chairman for La-

guna Beach Community Chest,

past president, Los Altos Demo-

eratie Council, and is at present

Santa Clara County manager for

the Richard Richards campaign.

He is married and has two chil-

dren.

HOWARD A. FRIEDMAN

Mr. Howard A. Friedman,

architect and partner in the firm

of Schubart and Friedman, was

reared and educated in New

York City. In 1949, he graduated

with an A.B. in architecture from

the University of California at

Berkeley. From 1937 to 1942, he

was with the Eastern firms of

Skidmore, Owings and Merrill;

Shreve, Lamb and MHurmon;

Mayer and Whittlesey. Following

his World War II service with

the U.S. Navy Seabees, he was

a designer with Albert F. Roller,

and Wurster, Bernardi and Em-

mons. Mr. Friedman is presently

a member of the American Insti-

tute of Architects, Council for

Civic Unity, and San Francisco'

`Housing and Planning Authority.

THEODORE KREPS

_ Theodore Kreps, professor of

"business economics at Stanford

University, has served as econ-

omic adviser to the U.S. Maritime

Commission, to the American

delegation to the Conference of

International Labor Office, Gen-

eva; to the Anti-Trust Division,

Department of Justice, to the

temporary National Economic

Committee, 1939-40. During

World War II, Professor Kreps

was chief consultant, Office of

Price Administration, and chief

economic adviser, Board of Econ-

omic Warfare. He has been a

visiting professor at Columbia

THEODORE KREPS,

Professor, Business Economics

University, and at the Free Uni-

versity of Berlin in 1954. In 1948,

he was presidential elector for

the State of California, and from

1949 to 1952, served as staff

director, Joint Congressional

Committee on the economic re-

port of the President. Profes-

sor Kreps received his A.B.

from the University of Colorado,

A.M., and Ph.D. from Harvard

University. He was awarded the

Sheldon Fellowship from Har-

vard in 1926, and also traveled

in Europe during 1928-29, as a

Laura Spelman Rockefeller Fel-

low, Bureau of Internal Re-

search. He resides in Palo Alta

with his wife, and has 6 children.

ZORA GROSS,

Community Leader

Mrs. Zora Cheever Gross of

San Francisco, has served on the

boards of the San Francisco

Junior League, San Francisco

Volunteer Bureau, United World

Federalists of California, Inter-

faith, Committee for Peace. She

has been active in the San Fran-

cisco League of Womeii Voters,

California Conference of Social

Work, and is present executive

vice-president of the United

World. Federalists. A native of

New York City, Mrs. Gross was

educated there and in Paris.

From 1936 to 1944, she lived in

Mexico City and Costa Rica. She

has been a resident of San Fran-

cisco since 1945.

UNEMPLOYMENT PAY

WITHHELD INNEW

LOYALTY OATH CASE

A new and punitive use of the loyalty oath came to light

this month, when Marion Syrek, a 23-year-old multilith oper-

ator, was denied unemployment insurance benefits upon the

basis of his refusal to sign a loyalty oath for a `private em-

ployer, which was not required by law. In filing a petition

for a writ of mandate in the San Francisco Superior Court,

ACLU Director Ernest Besig made known the unusual case

Board

J. RICHARD JOHNSTON,

Oakland Attorney

Mr. J. Richard Johnston, Oak-

land attorney in the law firm of

Phillips, Avakian and Johnston,

was special attorney, General

Counsel's Office, United States

Treasury Department from 1940

to 1943; and from 1946 to 1951,

he served as special attorney,

penal division, Chief Counsel's

Office, Bureau of Internal Rev-

enue. He received his law degree

from `Boalt Hall in 1939, and

during World War II, served

with the United States Naval

Reserve. Since 1951, he has been

a partner with Phillips, Avakian

and Johnston. His home is in

Lafayette. He is married and has

three children.

1956-57 Budget Cut,

Fund Appeal Mailed

Education Dept.

Slated to End

In Six Months

A budget of $38,105.55 for the

fiscal year 1956-57, beginning No-

vember 1, was approved by the

Board of Directors at their Octo-

ber 6 meeting. This compares

with a $41,500 budget for the

1955-56 period.

The cut of $3295 is explained

by the termination of the educa-

tion department, which is sched-

uled to function for only six

more months.

Because of an estimated def-

icit of $5,741, if the full-scale op-

eration of legal and educational

activities were to continue

throughout 1957, the cut was

necessary, explained Stephen

Thiermann, acting chairman of

the budget committee, in the ab-

sence of William Roth, chairman.

In approving the 1956-57 budget, -

the Board moved that a commit-

tee be established to explore all

possible avenues of financial re-

course, which would enable the

reinstatement of the educational

department at the end of the

six-month period.

Only two increases were an-

=

(R)

nounced in the new budget, sal-

aries and postage. Aggregate sal-

aries reflected a token, cost-of-

living increase of $411 (p.r. direc-

tor's salary listed for only 6

months), and postage, $100. All

other items in the budget under-

went the following decrease:

travel, $1000 (no biennial con-

ference in the East this year);

furniture and equipment, $670;

dinner and annual meeting, $500

(no budget provision for a 1957

dinner); telephone, $380.

The comparison of estimated

expenses of the 1955-56 period

with the approved 1956-57 budget

follows:

1955-56 1956-57

Est. Exp. Budget

Salaries 0x00A7 "2222.5:8. $25,902.82 $26,313.00

pound Exec. dir., $8,000; staff counsel,

$5,700; pr. dir. (6 mos.), $2,700; legal

sec., '$4, 892-" sec. Gs. time)' $1,300

bookkeeper-clerk, $3,180; retirement,

$141.30; extra help, $200.

Eating, stat'n'y.. a 650.00 4,500.00

Riemt 425 oe 2,613.95 3,065.00

Deetage a 1,450.00 1,400.00

Telephone, teleg... r 385.00 1,280.00

Taxes, insurance,

retirement .......... 830.00 992.25

FEY AVG) Sse 500.00 330.00

Furniture, equip. 1,114.18 200.00

Publications ........ 58.73 75.00

Miscellaneous ...... 55.00 50.00

$40,049.30 $38,205.55

Expenditure from

Defense fund .... 2,449.85 /

TROWAT see $42,498.15 $38,205.55

A comparison of sources of in-

come of the 1955-56 fiscal year

with 1956-57 shows that:

Income Est. Inc.

1955-56 1956-57

Membership dues,

Contributions, (ine.

mem. drive) 2.07) $29,000.00 $31,000.00

Bpecal funds `

DPpeakG a 2,070.50 2,000.00

These benefit ... 1,715.00 ~0x00B0 1,500.00

Interest, divid'ns 874.93 200.00

Liberty Ball ......... 500.00 500.00

Contributions to

legal def. funds 1,184.33 250.00

Ramiphlets 2

Fund raising lec... 1,000.00

Contribution to

ACLU News ....... 165.00

Miscellaneous ........ 385.00

TEOWA Tie pec $34,908.30 $37,000.00

involving Syrek's refusal to sign

a loyalty oath, and the subse-

quent withholding of unemploy-

ment benefits, on the basis that

his` refusal to sign was "miscon-

duct" on the job.

Last February, in applying for

unemployment, Syrek explained

to the State Unemployment Serv-

ice that he would not want to

apply for any civil service job,

because he was opposed to loyal-

ty oaths "in principle." Later in

March, he answered an advertise-

ment in the newspaper for a mul-

tilith operator for the Arthur

Anderson Company, public ac-

countants and auditors. He was

hired, and three days later con-

fronted with a loyalty oath which

he declined to sign. Said Syrek:

"When I accepted employment

it was not conditioned on my

signing a loyalty oath. I believe

that no employer has the right

to inquire into my political be-

liefs and associations. The fact

that loyalty `oaths are required

by law for government employ-

ees and defense workers does not

justify their arbitrary extension

into other fields."

COMPANY POLICY

A spokesman for the Arthur

Anderson and Company explained

that it was company policy to re-

quire loyalty statements from all

employees, including those who

did not work on the books of

firms handling classified con-

tracts. He also questioned wheth-

-er the need would ever arise

for Syrek to obtain official secu-

rity clearance in his job as a

multilith operator.

After his dismissal, Syrek ap-

-plied for his unemployment in-

surance benefits, which were de-

nied on the basis that his refusal

to sign the oath was tantamount

to quitting "without good cause."

After the California Unem-

ployment Appeals Board re-

viewed the case and refused to

order back payment of unem-

ployment benefits, the ACLU an-

nounced its intention to seek ju-

dicial review of the case in the

Superior Court.

ACLU FILES

In filing the court petition on

October 1, ACLU Director Er-

nee Besig said, "The statement

quired of Mr. Syrek was vague

a a indefinite, and had nec rea-

sonable relationship to the job

Syrek was to perform." The pe-

tition stated that the state, in

arbitrarily denying Syrek unem-

ployment benefits, is depriving

him of property without due

process of law.

"Further," maintains ACLU,

"the extracting of loyalty oaths by

private employers not engaged

in sensitive work, and not re-

quired by law, is an infringe-

ment of freedom of speech and |

assembly."

Nov. Appeal Asks $2 More From Each Member

A contribution increase of $2

is being asked, of every ACLU

supporter, in the' current annual

November Funds Appeal, an-

nounced Director Ernest Besig.

"An increase of $2 from each

member will mean an aggregate

of $7500, which will enable us

to continue the educational pro-

gram, begun last January 15, ra-

ther than terminate it at the end

of six months, as now scheduled,"

said Mr. Besig, in making the

appeal.

A November Funds Appeal let-

ter was mailed to all ACLU

supporters on October 24. The

Appeal announcement was made

simultaneously with the publica-

tion of the 1956-57 budget for the

fiscal year, beginning November 1.

Although many memberships

do not expire in November,

ACLU members are being asked

to renew at this time. By putting

the funds in the treasury at the

beginning of the fiscal year, the

organization then knows what fi-

nancial limitations must be plac-

ed on its activities for the re-

mainder of the year. Funds in

November means the elimination

of fund appeals being made sev-

eral times during the year to

members, and permits energies

to be channeled into the support

of civil liberties, rather than in

fund-raising projects, to eke out

the budget, if a .deficit seems

likely.

"On February 1, the Board will

-Continued on Page 2

THE GINGHAM DOG...

(Ed's Note: The statements on civil liberties of our two

Presidential candidates, which were sent to the American

Civil Liberties Union, follow:) : a

In The State of The Union Message this year, I said: "We must

strive to have every person judged and measured by what he is,

rather than by his color, race or religion." :

To translate this ideal into positive action I recommended a four

point program to the Congress containing: : :

~ 4) A bi-partisan civil rights commission concerned with safe-

guarding the fundamental rights of every American citizen

as gauranteed by the Constitution and laws of the United

States; :

2) a civil rights section in the Department of Justice;

3) new laws to aid in the enforcement of voting rights; and

4) greater freedom for the Federal Government to seek preven- |

tive relief in civil rights cases. :

This is the program of the Republican Party and I will continue

to work for it until the full and free exercise of rights and privileges

for every U.S. citizen becomes real and meaningful. `

In other areas of civil rights there has been great progress in the

last four years. In desegregation, in non-discrimatory government

contracts, and in law enforcement, the American tradition of equal-

ity of rights and opportunities has been of paramount interest.

This administration will continue to combat practices inimical to

our free way of life. It will take immediate action within its juris-

diction to stamp out any attempt by any one group to interfere with

the rights and privileges of any other group. It will defend the dig-

nity of the individual. -

America stands at the threshold of a more fruitful, peaceful and

satisfying way of life. As we strive for a true brotherhood of man,

America will best fulfill its own destiny and justify its heritage as

a leader of free people in a free world.

DWIGHT D. EISENHOWER,

October 15, 1956.

AND THE CALICO CAT...

The last few years have been a time of crisis for the Bill of Rights.

The protection of minority rights, as I have said, is in the fore-

front of our minds. But it is only a part of the larger problem of

protecting the Bill of Rights. We must stand firm against those who,

in the name of "security," have ignored the Bill of Rights. We must

restore to the individual the dignity and honor and self-esteem to

which he is entitled under freedom and law. It is time to stop play-

ing partisan politics with internal security.

Our present security system does justice neither to the safety of

the state nor to the dignity and freedom of those who serve it. The

proof of its failure rests in the wreckage it has created in the lives

of far too many public servants. The argument for immediate revi-

sion of the system is supplied in the countless documents which

record the history of these personal tragedies.

It is up to the Federal Government under the leadership of the

President to take the initiative. The Supreme Court has ruled that

the Government violated the intent of Congress by application of

the security law. Attempts by Congress to override this decision

must be vigorously opposed. We must hold the line where the Court

has fixed it and move on to devise a security system which will safe-

guard both the government and the Bill of Rights.

Grievous assaults on the rights and liberties of individuals have

defaced the image of America as the land of the free.

We must resolve now to renew that image, to repair the structure

of the Bill of Rights and to restore the foundation of freedom under

law.

Our success will depend on the determination with which we

insist on a return to our traditional principles of freedom.

The issue which is perhaps causing the greatest concern today is

that of civil rights. The achievement of full rights for minorities is

the greatest unfinished business before the United States. The Su-

preme Court decisions on school integration have created problems

of adjustment and social change in which the President is surely

bound to use his moral as well as legal authority to create an atmos-

phere in which the law of the land can be carried out in tranquiilty

and order.

In addition, there is a pressing need to assure the right to vote

to all American citizens. If the laws on the statute books giving the

Federal government authority to protect these rights are enforced,

and strengthened where necessary, our national freedom will rest

on a more solid and enduring foundation.

The American Civil Liberties Union fought for our liberties even

-when the flood of repression mounted and rolled toward the crest.

I pledge you my full strength and energy to the restoration of civil

freedom to her hallowed place in our hearts and in our national life.

s ADLAI E. STEVENSON,

YOUR BOARD MEETS... ts

The ACLU Board meets the first Thursday of every month,

at the Sutter Street YWCA. At the September 6 meeting, your

Board, among other matters:

... voted to strike from the by-

laws, provisions requiring con-

.. authorized intervention in the

security case of JWF, a Naval

firmation at the annual mem-

bership meetings of persons

elected to the Board of Direc-

tors.

...authorized the filing of an

amicus curiae belief in the ap-

peal of the County of Alameda

from the judgment of the Su-

perior Court, upholding a

property tax exemption to

the Fellowship of Humanity,

which does not believe in a

diety.

.. passed a resolution support-

ing Proposition 13 on the No-

vember ballot, which will re-

peal the Alien Land Law.

. authorized the office to inter-

vene in the case of I. N., who

had been discharged as a Fed-

eral Civil Service employee

for "immoral" conduct. The

charge: rooming with an ad-

mitted "homosexual."

ACLU NEWS |

November, 1956

Page 2

Reserve office threated with

dishonorable discharge for

membership in the John Reed

Club, a Harvard University

organization, and the Inde-

pendent Progressive Party.

... adopted the recommendation

of the Nominating Committee,

that service on the Board be

restricted to three consecutive

three-year terms. .

Nov. Appeal

Continued from Page 1-

re-examine our budget in the

light of the response to this

November appeal to see whether

the educational program can be

restored for the balance of the

fiscal year,'"' commented Mr. Be-

sig. "In sending in your contri-

bution, won't you please increase

your gift by $2, if you can pos-

sibly do so?"

ACLU

MIAMI, FLORIDA (week of

September 24).-A guide book on

religion, prepared by an inter-

denominational commission will

be tried on a voluntary basis in

some Florida schools, Dr. Sam

Moorer, director of instruction

field services for the State De-

partment of Education, has an-

nounced. The interdenomination-

al commission has ruled that

teachers using the guide book,

shall not proselytize in the

classroom; shall avoid any at-

mosphere that would imply re-

jection of students of a minority

faith, that theological questions

shall be referred to the priest,

rabbi, or minister of the student's

faith, and that moral and spir-

itual subjects should be dealt

with in a non-sectarian frame-

work. The Miami affiliate of

ACLU plans to challenge the use

of such a guide book.

MASSACHUSETTS (week of

September 17).-The Supreme

Judicial Court of Massachusetts

- dismissed a suit to prevent pub-

lication of a book, KREBIOZEN:

THE GREAT CANCER MYS-

TERY. The court held that Bea-

con Press, Inc., intended to pub-

lish a book about a controversial

subject; that the "public interest

in the discussion of the subject of

cancer and the constitutional pro-

tection. of a free press are para-

mount." Three doctors who had

helped develop the drug, Krebio-

zen, had charged that Beacon

Press had `been guided by

malice" in seeking to publish the

volume.

FLORIDA (week of October 8).

-State Circuit Judge Ray Pear-

son has ruled that attorney Leo

Sheiner be disbarred from the

practice of law in Florida be-

.cause of alleged Communist ac-

tivities and Communist Party

membership from 1946 to 1952.

Sheiner made no comment upon

the accusations, but denied in the

hearings that he is at present

a Communist Party member, or

has had any connection with it

since 1952. The rules of the bar

provide for disbarment of at-

torneys who ARE members of

supporters of the Communist

Party.

Contest Seeks

Bill of Rights

Incidents

The American Traditions Proj-

ect, sponsored by the Fund for

the Republic, is offering prizes

of $10,000 for letters describing

true incidents of groups or indi-

viduals who "successfully ap-

plied the Bill of Rights to human

situations in the face of consider-

ations of expediency."

The Project is interested in

discovering incidents which show

the American tradition in ac-

tion, instances where citizens-a

lawyer, editor, judge, school

teacher, minister, union official

-stood up for the right to think

i

- and speak and read freely, and

to follow the dictates of con-

science. They are interested in

incidents which can be drama-

tized, and which may never have

reached the headlines.

The first prize is $2500; the

second, $1000; the third prize,

$500; and there are ten prizes of

$100 each. In each case, an

amount equal to the prize will be

donated in the prize winner's

name to any tax-exempt, char-

itable,. philanthropic,' education-

al or religious organization which

the winner designates.

The incident must be a true

one, that has occurred within

the past five years. Letters must

be limited to 1000 words and may

be supported by records, photo-

stats, newspaper clippings. Let-

ters must be postmarked no later

than midnight, November 14.

Send entries to: American Tradi-

tions Project, Box 1803, Grand

Central Station, New York 17,

New York.

lews Notes Across The

WASHINGTON, D. C. (week

of September 17). - The 84th

Congress in its last days of law

making, passed a law granting

the Post Office Department pow-

er to impound mail suspected of

promoting fraud, obscenity or

gambling. Exempted from the

provisions of the law are copy-

righted books and publications

which have been granted second

class mailing privileges. The. law

provides that after proceedings

have been instituted alleging

fraud, obscenity or gambling, the

Postmaster-general may issue an

interim order impounding mail

addressed to the accused person.

He is required to notify persons

whose mail is being impounded, (c)

and must seek to extend the im-

pounding beyond 20 days by

court order.

MADISON, WISCONSIN (week

of October 1).-The University

of Wisconsin has refused to ac-

cede to American Legion de-

mands that it submit a list of

foreign publications received by

its library to the U. S. Customs

service to determine if any are

officially banned from America;

that it prohibit campus operation

of the Labor Youth League (on

_ the attorney general's list), and

that the university bar speakers

known to engage in "subversive

activities." The University con-

sidered the Legion's demands in

"conflict with its program for in-

tellectual freedom."

BALTIMORE, MARYLAND

(week of October 8).-In ruling

against Glenn Walker, artist,

whose painting was removed

from the municipally - owned

Peale Museum, by-order of the `

mayor, Superior Court Judge J.

Byrnes, has held that Mayor

Thomas D'Alesandro is immune

from civil suits when acting in

official

who had the painting removed,

declared the water color to he

"obsene, morally objectional, and

indecent." The Maryland ACLU

will contest the right of the may-

or to act as censor, and will ap-

peal the decision to the Maryland

Court of Appeals this fall.

ACLU Outlines

Education Plan

The first meeting of the Edu-

eational Committee of the Nor-

thern California ACLU, met Oc-

tober 23, at the First Unitarian |

Chureh in San Francisco, te give

direction to the educational pro-

gram to be undertaken during

the next six months. The commit-

tee, which is a subcommittee of

the ACLU Board, and which wiil

report to the board, considered

three major areas: membership

educations and fundraising.

The following general plan was

outlined: County committees will

be formed in seven areas-Sac-

ramento, Monterey Peninsula,

San Jose, Fresno, Palo Alto and

Stockton-and will undertake to

sponsor a forum meeting in Janu-

ary or February. The forum will

be followed by a membership

meeting, to be held in connection

with the spring drive.

Simultaneously, the northern

California office will sponsor a

Bay Area meeting with a nation-

ally known speaker on civil liber-

ties; and sponsor a Speaker's

Bureau, under the direction of

a volunteer, which will service

Bay Area organizations with

speakers for their program meet:

ings.

Those serving on the Educa-

tional Committee are: Theodore

Baer, Ernest Besig, William Cob-

lentz, Priscilla Ginsberg, Zora

Gross, Mrs. Jacob Kahn, Fred

Smith, Stephen Thierman, Alex-

ander Meiklejohn and Harry Me-

serve,

@

capacity. D'Alesandro, .

ition.

WASHINGTON D.C. (week of

September 24). - The Federal

Court of Appeals in Washington

D.C., has ruled that the Post Of-

fice Department has interfered

with freedom of the press in

barring from the mails, two is-

sues of SUNSHINE AND

HEALTH, and SOLAIRE UNI-

VERSELLE NUDISM. The Post

Office had alleged obscenity,

lewdness, indecency and_ lasci-

viousness in the publications,

which the Court held untrue,

stating "honest, sincere works

must be distinguished from pub-

lications... wholly for the pur-

pose of profitably pandering to

the lewd and lascivious," and

that obsenity had not been found,

considering the publications as a

whole,"

LOS ANGELES, Oct. 8.-The

State District Court of Appeals

refused to bar Los Angeles po-

lice from using listening devices

in apprehending criminals. Jus-

tice W. Turney Fox upheld all

recent rulings, in maintaining

that listening devices do not vio-

late constitutional guarantees

against illegal search and _ sei-

zures. A. L. Wirin, ACLU staff

counsel, had asked for an injunc-

tion against Police Chief William

H. Parker, that would have pro-

hibited him from using public

funds for listening equipment.

COLUMBIA, SOUTH CAROLI-

NA (week of October 1).-The

South Carolina legislature has

called on the State Library Board

to remove from circulation any

books "antagonistic and inimical

to the traditions and customs of

this state." The resolution re-

sulted from purchase by the

South Carolina State Library, 16

copies of SWIMMING HOLE, a

picture book showing two Negro

boys swimming with three white

boys. :

MESERVE VISITS

NATIONAL ACLU

On September 24 and 25, the

Reverend Harry Meserve met

with the national board and con-

stitutional committee of the na-

tional ACLU in New York City,

to discuss the relationship of the

Northern California branch-the

only non-integrated affiliate of

ACLU-with the national organ-

ization. ae

As a result of the meeting, the

staff and Constitutional commit-

tee of the national office are pre-

paring a plan which will provide

for greater co-operation in fi-

nance and membership between

this branch and the national

ACLU. Such a plan will differ

from those of other affiliates,

and will be submitted to the Nor-

thern California board for their

approval and suggestions.

Civil Rights Parley

To Be Held

At Los Gatos

A leadership conference on

the basic issues of civil rights

in California will be held No-

vember 17 and 18 at Camp Sar-

atoga, Los Gatos, the former

estate of Kathleen Norris. The

agenda is to include reports

on employment, housing, legi-

slation, professional bigotry,

and smaller, informal working

sessions. Any interested citi-

zen may attend. For meals,

overnight lodgings and regis-

tration fee for this conference

will be $11.50. Two meals with-

out lodging, $6.50. Contact the

Bay Area Human Relations

Clearinghouse, 40 First Street,

San Francisco, or YUkon 2-4000

for reservations and informa-

tion. :

Roger Be

idwin Cites

Optimism in Global

Civil Liberties Struggle

Roger Baldwin, "traveling salesman for civil liberties,"

struck an optimistic note for civil liberties the world over in

addressing the 600 persons who crowded into the Gold Ball-'

room of the Sheraton-Palace Hotel Friday, October 19. The

annual dinner and meeting honored retiring board chairman

Bishop Edward L. Parsons, incoming board chairman Harry

C. Meserve, and Roger Baldwin, ACLU founder, present inter-

national representative, and UN consultant on human rights.

Said Mr. Baldwin, in his ad-

dress in support of his comment

that he was an inveterate optim-

ist, "I think we have turned the

corner in the field of human

rights. For the first time, man-

kind has had the vision to rec-

ognize that war henceforth will

be suicidal; that disarmament is

a known necessity, and statesmen

the world over will be ruled by

this concept."

"Furthermore," said Mr. Bald-

win, I am optimistic because of

the revolutionary tides that are

welling up within the darker

peoples all over the globe in a

fundamental struggle for free-

dom from domination; and be-

cause of the change within the

Soviet Union, which is permit-

ting bridges of co-operation and

accommedation to be built be-

tween East and West."

"Our liberties at home are in-

separable from all these pres-

sures," said he. "Our domestic

civil liberties can no longer be

separated from the `internation-

al' climate of human freedoms."

Mr. Baldwin also chided the

United Sataes in her retreat from

her earlier leadership in the

United Nations."

"By placing the strategic in-

terests off our imperialist Huro-

pean allies ahead of the revolu-

tionary demands of subject peo-

ples for national freedom, be-

cause of the isolationism of Con-

gress, we are no longer even par-

ticipants in developing universal

standards of rights and liberties.

The balance of power in the

- United Nations has shifted, and

today it is India and Egypt who

lead."

Twice during the evening there

was a standing ovation for Mr.

Baldwin.

Helen Salz. presented to Bishop

H. H. Shires, in the absence of

Bishop Parsons, a check for $300,

to be contributed, on behalf of

the ACLU Board, to the bed fund

of St. Luke's Hospital in Bishop

_ Parsons' name. In presenting the

award, Mrs. Salz commented,

"That the Bishop has brought

harmony amongst dissenting fac-

tions-lI will not say diplomacy-

it was better than diplomacy. It

was a willingness to understand

sincerely divergent points of

view; it was tact and gentleness

in attempting to solve differenc-

es...and, abovewall, his compas-

sionate wisdom, his strength, and

unflinching determination to

fight injustice...that cripples

the human spirit."

NOTE FROM BISHOP

Bishop Parsons sent a note of

greeting and good wishes to the

meeting. He wrote, "It is a

source of great satisfaction to me

that Dr. Meserve is to succeed

me as chairman... that members

of the Union ean be proud of the

top-level quality not only of the

officers and staff, but of the

members of the Board. I regret

especially tonight that I cannot

hear my old friend, Roger Bald-

win. He and civil liberties are

synonymous.

to have him here.

"And of the future, let me say

with

pray that here and throughout

the nation the Union will go on

to ever increasing usefulness.

God bless you and good night."

BESIG REPORT

The note of optimism of the

evening was also underscored by

ACLU Director Ernest Besig's

report on the Union. "During

the past year," he told the audi-

ence, "the tide has definitely

turned, and we are well on the

road toward recovery from what

we choose to call McCarthyism."

"Although the major concern

in northern California is still the

We are fortunate

the utmost confidence I

security-loyalty issue, there has

been a shift from the Federal

Employee and Port Security pro-

grams, the public housing pro-

gram, to the security program of

the Armed Services. We are

finding an increasing problem

with the Counter Intelligence

Corps." He also thanked the vol-

unteers and board members who

have contributed to the growth

of ACLU, with a record member-

ship this year 3550.

The Reverend Harry Mesreve

also spoke briefly, in accepting

the chairmanship of ACLU. He

said he looked forward to more

aimicable relations with the na- -

tional organization, to greater

participation of members in the

`affairs of the ACLU, and to an

expanded educational program.

The dinner which was preceed-

ed by cocktails in the adjoining

concert room, was under the

chairmanship of Mrs. Russell

Merret. Mr. Joseph S. Thompson,

who was toastmaster for the oc-

casion, introduced two guests of

the evening, Mr. Eason Monroe,

executive director of the South-

ern California Branch, and Sara

Bard Field, honorary board mem-

ber.

A NOTE FROM

SARA BARD FIELD...

No one could have been more sur-

prised than I to find myself assigned

to the Speaker's table at the dinner

honoring our so-loved retiring Chair-

man, Bishop Parsons, a dinner which

was also the annual meeting of the

Civil Liberties Union. My regret is

that, when introduced, I did not have

two minutes to tell the members what

I now write.

My husband, Charles Erskine Scott

Wood, was responsible for my pres-

ence among the distinguished speak-

ers of that memorable evening. He

was a charter member of the Union,

organized in 1917 but long before this

great organization was born he de-

fended fellow Portlanders and also

visiting speakers for various unpopu-

lar causes who got into trouble with

the Authorities: Margaret Sanger,

Eugene Debs, Emma Goldman, many

others; always without fee.

Though dead these twelve years, he

still speaks. Last fall Dr. Alexander

Meiklejohn, testifying before the

Hennings Committee investigating

Constitutional rights under the first

Amendment quoted from C. E. S.

Woodis famous brief in connection

with the Equi case which dealt with

free speech and the Constitution in

time of war. Dr. Meiklejohn then su-

pervised the inclusion of the entire

argument as an Appendix to the gov-

ernment printing of the hearing.

_ After we came to California, the

Civil Liberties: Union of Northern

California . made Charles Erskine

Scott Wood the honorary Chairman of

its Board. When he died the honor of

being an honorary member of the

Board fell, like a mantle on me. I

wear it proudly but it is his mantle.

Sara Bard Field.

Helen Merret

Gives Final

Dinner Report

Mrs. Russell Merret, general

chairman for the ACLU. Annual

Meeting and Dinner, announced

final figures for the affair. Three

hundred and forty-one dinner

`tickets were sold, including 23

sponsor tickets; and after distrib-

uting 250 meeting tickets the res-

ervation committee ran out.

"After totaling all expenses,"

said Mrs. Merret, "we have $37.30

left over, to contribute to the

ACLU general fund."

"J would like to thank the Cal-

ifornia Flower Growers' Associa-

tion for donating all the flowers

. which helped to make the occas-

sion a special one.' Also, Mrs.

Arthur Bierman, Mrs. Harry

Lewenstein, Mrs. Laurens White,

Doris Kahn, Arthur Coleman,

our telephone committees, all

contributed indispensably to

make the dinner the huge success

that it was."

Democratic Club

Membership Grounds

For "Red Charge

Anita E. Schneider, paid in-

former for the F.B.I., recently

furnished a statement to an

Army security board in which

she claimed that an Army induc-

tee was under Communist Party

discipline because he had attend-

ed a meeting of the 30th District

Young Democrats in San Diego,

of which she was Program Chair-

man, at her invitation. Inciden-

tally, the Young Democrats

promptly expelled Mrs. Schnei-

der when they discovered her

ulterior motives in joining the

group.

The inductee admitted receiv-

ing the invitation and attending

a meeting at which four Assem-

bly candidates spoke. But he de-

nied having knowledge that Mrs.

Schneider was a Communist or

that he attended the meeting as

part of a Communist plot.

Mrs. Schneider also claimed

that the meeting in question was

to be against the Velde Commit-

tee which was scheduled to hold

hearings in San Diego, and that

she had given the inductee mim-

eograghed notices of the meeting

to distribute on the San Diego

State College campus. The in-

ductee admitted receiving the

notices but denied they had any-

thing to do with the Velde Com-

mittee. ;

Upon returning to San Diego

after hearings held at the Pre-

sidio of San Francisco, the in-

ductee discovered seven notices

of the meeting in a book in his

attic-apparently the same book

into which he had thrust them

at the time they were given to

him by Mrs. Schneider. And, as

the inductee testified, the notice

was an invitation "to come and

meet your candidates for the of-

fices of State Assembly, State

Senate, and USS. Congress."

There was no reference in the

notice to the Velde Committee.

While the Army brought an

attorney all the way from Wash-

ington to present the Army's

LAST DITCH STAND ...

`FEDERAL EMPLOYEES

POLITICALLY IMPOTENT"

"A General Theory of Public

Employment"

By Arch Dotson, Professor of

Government, Cornell University.

(Reviewed by Louis Jones. )

The views of Arch Dotson,

in the summer issue of the

Public Administration Re-

view, will be of particular in-

terest to the 81,200 Federal

employees in the Bay Area,

and 149,600 throughout Cali-

fornia, who have been rele-

gated to inferior citizenship

by the Hatch "clean politics"'

Act.

It will be of particular interest

to ACLU members who hold the

belief that the "first right of a

citizen is the right to be respon-

sible."

Writes Professor Dotson, who

is author of a forthcoming book

on administrative responsibility,

"Rules forbidding political activ-

ity by Federal Government em-

ployees amount to "indiscrimi-

nant deprivation of freedoms

guaranteed by the First, Ninth

and Tenth Amendments."

In considering Prof. Dotson's

comments, it is important to

know that the Hatch Act was

passed in 1939 to prevent gov-

ernment authorities from using

their official authority to influ-

ence elections and force Federal

employees from being pressured

into making political contribu-

tions. In effect, it simply for-

case and to advise the hearing

board, it claimed it had no mo-

ney available to bring Mrs. Sch-

neider from San Diego for cross-

examination.

It was also alleged that the in-

ductee subscribed to and read

Communist literature. What the

Army didn't bother to find out

however, was that in conse-

quence of his investigation of

Communism, the inductee was

opposed to it.

The inductee was represented

by the ACLU. A decision in the

case is being awaited.

`

The October term of the U.S. Supreme Court has opened, and

the issuance of important decisions and writs has begun, We cannot

deny the significance of what will be done, but we must seriously

consider the timing.

For example, the Supreme Court will be considering for the first -

time whether Congressional Committees can engage in exposure for

"educational" purposes, and punish, for contempt, those who refuse

to participate in this exposure.

Another case will test for the first time the membership clause

of the Smith Act. And still another will test the constitutionality of

a portion of the 1950 Internal Security Act. The Supreme Court has

also agreed to hear an appeal from the refusal to allow an ex-com-

munist to take the New Mexico bar examination.

The question of timing is simply that these cases date from a

critical time in the early 1950's when a serious attack against our

civil liberties was being made by extremists both in government and

outside it.

Yet the critical issues arising out of McCarthyism, for example- -

exposure for exposure's sake-are just now coming to the court for

review. Likewise, guilt by membership is just now coming to the

bench for a test of its constitutionality. :

It must be clear that we cannot rely on legal action alone to

protect our civil liberties. We cannot afford the luxurious schedule

of court review unless at the same time we take positive action to

preserve our rights during such a review. :

What this amounts to is that each of us must take part in the

day-to-day defense of civil liberties-in the day-to-day expansion,

even, of our basic citizenship rights.

This means respecting the rights of others in little ways-in

schools, in conversation-on the job. It means creating and main-

taining the climate in which our civil liberties will not only be safe,

but will expand and become stronger.

Such activity by every person is the necessary and continual

companion to constant legal action, such as that undertaken by the

American Civil Liberties Union, which eventually results in Supreme

Court rulings.

It seems fairly clear that a resort to legal action is really an

admission of failure-failure in the public protection of civil liberties.

The forthcoming suits are really last-ditch stands taken when public

opinion had failed to hold the line against inroads of the early

1950's. But last-ditch stands may come too little and too late. The

citizenry cannot set blithely back and assume that everything will

come out all right in the end because after all, the courts will finally

step in to protect our liberties. The outcome may very well be a

host of victorious legal battles but a lost war.

Let us not forget the individual job each has to do to promote

civil liberties or we may find ourselves left with shining legal

decisions guaranteeing something we've already lost.

JH. LS.

bids employees and their fami-

lies from engaging in partisan

political work-not unlike the

taking away of a man's valuables

to make sure he isn't robbed.

For instance, in 1940, George

Poole, a machine operator in the

U. S. Mint in Philadelphia (330

U.S. 75 (1947) was dismissed for

serving as a Democratic Party

worker during the 1940 election,

although, as Dotson points out,

his political activity in no way

interfered with the efficiency of

the government.

The administration of the law

has actually been more repres-

sive than the law itself. The

Civil Service Commission takes

a dim view of that portion of the

Act upholding the employee's

right to express his opinions.

In 1953, the Commission sus-

pended Curtis Wilson, a Houston

post office clerk for merely writ-

ing a letter to a newspaper criti-

cizing Governor Shivers of Texas.

After a high court upheld Mr.

Wilson, the San Francisco News

commented on December 2, 1955:

"The Hatch law...written to

prevent Federal employees from

served (their) right...to hold

political opinions and express

them... The Civil Service Com-

mission, however, as government

bureaucracies have a habit of do-

ing, wasn't satisfied ...it wrote

a long list of regulations and so-

called interpretations which went

pretty far beyond the law...we

hope it will rewrite its over-done

reguluations and from now on...

stick to what the law says.''

SOME CHANGE

The Commission HAS quietly

changed its regulations, but still

does not say that an employee

may express himself publicly.

The tone of its "warnings" is

grudging and equivocal: you

MAY write your Congressman,

and you MAY hang a political

picture in your home, but you

MAY NOT express your opinions

in such a manner as to take an

active part in partisan affairs.

Just how your "manner" is to be

judged as partisan, or non-parti-

san is never explained. :

For example, the Commission

holds the employee `"account-

able" for political activity of his

wife, who may engage in it "in-

dependently" but not through

"coercion" or "collusion." A

prohibited act may, for instance,

occur "among groups of employ-

ees' wives, associated for the

purpose of securing for their hus-

bands what the husbands may

not secure for themselves." In

such cases, the act is imputable

to the husband, who is as

"guilty" as if he were "openly a

participant."

Returning to Dotson's essay,

`we find that he meticulously bal-

ances the needs and interests of

the employee against those of

the government. "It must be re-

membered," he writes, "that the

public employee has vital inter-

ests in public policy itself. He is

relieved of none of the duties of

membership in the political com-

munity by virtue of his voca-

tion." In his essay, Dr. Dotson

gives support from an unexpect-

ed quarter, to those 2,300,000 U.

S. civil service employees who

come under the political um-

brella of the Hatch Act.

(Hida's. Note: Mr. Jones is a ca-

reer Federal employee, who for

the past ten years has been en-

gaged in consultant work in ad-

ministrative and departmental

management for the Federal gov-

ernment, Contra Costa and San

Mateo counties, and currently for

the Navy Department. His review

is a comment on the political re-

strictions placed upon all civil

service employees. Mr. Jones is

a member of the American Society

for Public Administration, and

the Western Governmental Re-

search Association.)

Reprinted from

HARPER'S MAGAZINE

July 1956

Forward, Turn Forward,

O, Time in Thy Flight

Atlanta, Georgia, Feb. 10 (UP):

ANYTHING we in Georgia

can do to preserve the memory |

of the Confederacy is a step

forward.

Denmark Groover

State Representative

ACLU NEWS

November, 1956

Page 3

'

|

Joseph O'Meara Traces

Freedom-Authority Conflict

There is no yardstick for de-

ciding between freedom and au-

thority in cases where the two

collide, according to a Fund for

the Republic article by Joseph

-O'Meara, dean of the Notre

Dame Law School, published

last December.

O'Meara shows how freedom

of inquiry depends on the con-.

cept of free speech; that inquiry

is not free if one must keep the

fruits of that inquiry to one's

self. He then traces the course

of free speech in the American

courts from Zenger trial to the

present.

It was in 1919 that the novel

concept that speech alone could"

be punished - if it created a

"clear and present danger''-was

_ evolved.

DENNIS CASE

It was not until over thirty

years later, in the Dennis case,

that the Supreme Court adopted

a clear-and-present-danger test:

In each case (courts) must ask

whether the gravity of the "evil,"

discounted by its improbability,

justifies such invasion of free

speech as is necessary to avoid

the danger.

As Dean O'Meara is quick to

point out, this was an admonition

to stop, look, and listen, and not

a rule making decisions.

`Nor can general propositions

be of help in solving concrete

cases. Legal controversies involv-

ing the clash of authority and

freedom are resolved, he con-

tends, by judgments based on a

number of factors, too vague to

be spelled out completely.

As a signpost, pointing the way

in freedom-authority conflicts,

`Dean O'Meara offers only "that

- the presumption favors free-

`dom; that the burden of proof

. .. rests on him who seeks to

hobble freedom of inquiry and

expression."

O'Meara's "tough-minded" no-

tion, that no handy decision-

makers will ever be available for

such vital problems, seems a nec-

essary realization for th estudent

The Civil Liberties of

(Ed's. Note: Mr. Gerstel has

contributed articles to FRON-

TIER, the NATION and the IN-

DEPENDENT MAGAZINE. He

has edited publications for the

Mental Health Association of

Northern California, San Fran-

cisco:)

By WALTER GERSTEL

"What civil liberties grants

California to its mentally ill?

This question has been asked fre-

quently since shocking reports of

`the mistreatment of mental pa-

tients at Stockton and Modesto

state hospitals have broken into

the news.

Mentally ill persons, as de-

fined by Article 5040 of Califor-

-nia's Welfare and Institutions

Code, means persons who are of

such mental condition that they

are in need of supervision, treat-

ment, care and restraint and who

may be dangerous to themselves

or to the person or property of

others.

These insane or feeble-minded

(terms also applied to mentally

ill by the law) are placed by the

laws of the State of California in

a category somewhere between

the status of minors and that of

criminals held in penal institu-

tions.

Once a person has been de-

clared mentally incompetent by

a court of law and committed for

of civil rights. One can wish,

however, that he had been as

ready to clear up his interpreta-

tion of the word "authority" as

he was to define and exemplify

"freedom."

Amish Co's Off

Starvation Diet

Philadelphia, September, 1956.

-The Central Committee for

Conscientious Objectors have an-

nounced that five Amish, who

were placed on "starvation diets"

for 3 weeks, at the Federal Pri-

son Camp Mill Point, West Vir-

ginia, for refusal to wear prison

clothes which did not conform to

their religious requirements,

have now been permitted to alter

their garb to conform.

CAPITULATION

After the five Amish, serving

prison terms as _ conscientious

objectors, refused to wear the

prison garb, prison authorities

removed all clothing from their

barracks. Subsequently, the men

did not go to the prison dining

room for meals, and lived on ra-

tions brought to them by sympa-

thetic prisoners. After a week,

the prison finally brought to

their quarters, one meal per

week. After three weeks on this

"starvation diet," the authorities

agreed to allow the Amish to al-

ter their clothing to conform to

their religious convictions.

The only Constitutional guar-

antee of civil liberties for pri-

soners, is the stipulation that

there shall be "no cruel or un-

usual punishment."

Patrick Malin, national AC-

_ LU director spent October 26

and 27 in the Bay Area. He met

with Ernest Besig and several

board members informally be-

fore returning East.

placement in a state hospital or

private sanitarium, he loses prac-

tically all the rights of citizens in

a democracy. He can neither

vote, hold property, cannot get

married (or a marriage may be

annulled); like a criminal, he

- cannot hold public office; and

like minors, a mentally ill person

cannot obtain a California driv- ~

er's license and, in the eyes of

the law, cannot even commit a

crime or be sent to a penal in-

stitution. If it is felt that his

condition is hereditary, he may:

get sterilized. He may even be

denied the right to receive and

to send letters.

Where, then, if any, do we find

the infringement of the civil lib-

erties of those declared mentally

incompetent? To this author,

there appears to be three major

areas of offense:

1) In the admission procedure

to an institution; 2) in the guard-

ianship procedures of the men-

tally ill; and 3) in the dismissal

procedures of patients from the

institution.

ADMISSION

To initiate commitment of a

person to a mental institution

any person may file a petition

asking the Superior Court to ex-

amine a person allegedly men-

tally ill and in need of supervi-

sion (Article 3, Sec. 5047, W and I

AMERICAN CIVIL LIBERTIES UNION-NEWS

Published Monthly at 503 Market Street, San Francisco 5, California

EDITOR: Ernest Besig

STAFF: Lawrence Speiser, Priscilla Ginsberg

GUEST CONTRIBUTORS: Charles Tyner

0x00A7

Jack Howard

Louis Jones

Walter Gerstel

Second class mail privileges authorized at San Francisco, Calif.

SUBSCRIPTION RATES: $1.50 yearly; 15cent per copy

Board Appoints

Wayne Collins

Gen. Counsel

Wayne M. Collins, distin-

guished San Francisco attor-

ney, who has been a member

of the Union's local Board of

Directors for over 20 years,

`retired from the Board on

October 31, to assume the

post of General Counsel for

ACLU. In that position his

abilities and experience will

continue to be available to

the Union.

During the past 20 years, and

especially before ACLU secured

a staff counsel four years ago,

Mr. Collins handled. most of

ACLU's court business without

remuneration.

Some of the more significant

cases handled by Mr. Collins for

the ACLU were the Gabrielli

flag salute case, which was car-

ried to the U.S. Supreme Court;

the Goodman case, in which the

California Supreme Court denied

that the San Francisco Board of

Education could prohibit the

Socialist Party from holding a

political meeting in a civic cen-

ter; the George Bogunovich case,

in which the California Supreme

Court held that the reading of

a Communist newspaper was not

sufficient ground for denying

citizenship; the case of Thurber

and Cope, in which the Appellate

Department of the Superior

Court of San Francisco county

declared unconstitutional, an or-

dinance prohibiting picketing

and placards.

During World War II, Mr. Col-

lins carried to the U.S. Supreme

Court the Korematsu case, in

which the court, by a vote of

6 to 3, upheld General DeWitt's

order excluding persons of Jap-

anese ancestry from the Pacific

Coast. He also intervened for the

local ACLU in the successful

challenge of the military order

detaining Japanese in: concentra-

tion camps, as well as the test

of the military curfew law.

Mr. Collins was particularly

California's

Code). A Superior Court judge

may order the person committed

to an institution after two medi-

cal examiners appointed by him

have made a personal examina-

tion of that person and reported

to him. Provision for a hearing

and examination of witnesses are

contained in the code. But many

a disturbed person has been com-

mitted to a mental institution

solely upon the report of two

medical examiners and the opin-

ion of a single judge. As in the

case of guardianship, the repres-

sive measures seems not to be in

the law itself, but in how the law

functions in a majority of cases.

GUARDIANSHIP

But the crux of the rights of a

mentally ill person revolves

around the guardianship of that

person.

It is the responsibility of the

- Superior Court to appoint a gen-

eral guardian of each person de-

clared mentally incompetent. The

heavy legal as well as financial

responsibility of guardianship

discourages most relatives from

assuming guardianship. An ad-

ditional requirement is that no

guardian may leave the area

even temporarily without nam-

ing a substitute.

A reasonable estimate

cates that in nine cases out of

ten, guardianship is left. to the

courts, to a public guardian, or

TO THE INSTITUTION ITSELF.

An interesting situation

evolves: the hospital or institu-

tion itself has now become the

guardian of the patient, of his

rights and civil liberties. And

in any infringement of those

rights, cruel or unkind treat-

ment, any possible suit for as-

ACLU NEWS

November, 1956

Page 4

indi- -

Government Request

For Rehearing

Refused

On October 2, the Federal

Court of Appeals in San Fran-

cisco refused the Government's

plea for a rehearing of its un-

successful appeal from an order

for immediate reinstatement of

seamen barred from their jobs

in the maritime industry as se-

curity risks. The Court of Ap-

peals, in October 1955, ruled that

the screening procedure used by

the Coast Guard denied due pro-

cess of law in that seamen were

not confronted by their accusers.

By the use of delaying tactics,

the Justice Department has thus

far prevented implementation of

that ruling.

Enforcement of the courts lat-

est order was stayed until Octo-

- ber 31, and a further stay will,

no doubt, be sought at that time.

The Government has until Jan-

uary 1 to appeal for the court's

decision to the U.S. Supreme

Court.

successful in his handling of im-

migration and naturalization

issues., When the national office

of the ACLU opposed the han-

dling by the northern California

affiliate of the cases of Nisei who

renounced their citizenship under

duress and were threatened with

removal to Japan, he undertook

to represent them as a private at-

torney. The suits he filed have

thus far resulted in over 2000

having their citizenship restored

to them. He also intervened suc-

cessfully in behalf of Peruvian

Japanese who were interned here

during the war and were then

threatened with deportation to

Japan. Mr. Collins is presently

private counsel of Iva Toguri

D'Aquino ("Tokyo Rose"), who,

as an American citizen was con-

victed of treason, but whom the

Government now claims is an

alien who may be deported to

Japan.

ne entally

sault and battery against hospital

attendants, or suits for malprac-

tice ,in the institutions, would

have to be made by the institu-

tion itself.

DISMISSAL

For the release of patients

from a mental institution there

is no automatic procedure, no

systematic review of his case.

An application for a jury trial

must be made by the institution-

alized person and his guardian.

In many cases these steps are

never taken at all. The commit-

ted person must convince three

fourths of a jury that he is of

sound mind, competent and can

be discharged. If the jury does

not grant a release, no new ap-

plication for another hearing can

- be made for six months.

Relief and reform of present

conditions must come from the

management of the institutions

and whatever control public pres-

sure can bring for the appoint-

ment of more responsible super-

WO MORE GAINS WON

`CURITY ARENA

Army to Retain

Reservist: After

Security Hearing

Revived security charges

against a member of the Army

Reserve were dismissed by the

Adjutant General last month, and

the man, an ACLU client, was

ordered retained in the Service.

In February 1954, while on ac- -

tive duty, the inductee received

security charges alleging mem-

bership in American Youth for

Democracy and the Labor Youth

League, as well as a subscription

to the People's World. A written

reply was made to the charges,

under the existing regulations

which did not allow a hearing,

and on April 1, 1954 a favorable

decision was handed down. Be-

fore being separated honorably

in April 1955, the man was pro-

moted to Corporal. He also has

a record of honorable service in

the Navy.

Last June he was suddenly ad-

vised that his discharge from the

Army Reserve was contemplated

because of his assignment to non-

sensitive (specially controlled)

duties about which he had "no

doubt" been advised. He had

never been advised of such an

assignment and the ACLU noti-

fied the Adjutant General that

the man wanted a hearing if the

old charges:on which he had been

cleared were to be revived. After

a further exchange of letters the

notice of retention in the Army

Reserve was received.

On Thursday, November 1,

and, 8" p.m., and on Saturday,

November 3, at 4 p.m, KPFA

will carry on an interview with

Er. Besig and Lawrence

Spiser on THE PRIVATE

LOYALTY OATH. They will

be interviewed by Denny Wil-..

cher on the Marion Syrek Case.

visors and the appropriation of

more funds.

Experts in the field of mental

health agree that hospitalization

ean often be avoided through the

application. of newest methods of

individual and group therapy in

clinics. Such provisions are con-

tained in the Community Mental

Health Services Act, which was

defeated in committee by the

last session of the legislature in

Sacramento.

Establishment of community

clinics has been given the ap-

-proval of the California Medical

Association in testimony given

2 .

recently at Martinez. To get such -

legislation passed, a. citizens

group, the California Committee

for a Community Mental Health

Services Act, with headquarters

at 990 Eddy Street, San Fran-

cisco, has been formed. Fullest

support of this effort appears as

the best possible solution for im-

proving conditions at some of

California's overcrowded and un-

derstaffed mental institutions.

The first right of a citizen

Is the right

To be responsible.

o's TODAY

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