vol. 22, no. 4

CLU Files Suit in

ifus Bean Case

The validity of an Immigration Service order excluding

an American-born citizen from the United States was chal-

lenged in a suit filed in the United States District Court in

San Francisco late last month. The suit was filed by the

American Civil Liberties Union of Northern California

through its Staff Counsel, Law-

rence Speiser. .

Plaintiff in the suit is Rufus

Clinton Bean, a resident of Clip-

per Mills. Bean was born in Oro-

ville, California, on July 31, 1929,

the son of parents who were also

born in the United States. The

only time he has been out of the

country was for a period of about

six months when he was in Mex-

ico with his family. He went to

Mexico in October, 1952, and on

_ April 28, 1953, he and his mother

were brought against their will

to the Immigration Service office

at the International Bridge,

Brownsville, Texas, by officials

of the government of Mexico.

IMMIGRANT STATUS?

The Immigration Service claims

that Bean is excludable from the

United States because "he is an

- immigrant not in possession of a

valid immigrant visa." They sug-

gest that his status as an alien

was acquired, and his United

States citizenship lost, when he

evaded the draft, a charge to

which he plead guilty on October

19, 1953, and on which he was

sentenced to forty-two months im-

prisonment.

When Bean and his mother .

were forced across the U.S. bor-

der against their will and into

the waiting arms of Immigration

Service and FBI agents on April

28, 1953, Bean was given an in-

conclusive hearing by the Immi-

gration Service to' determine

whether he should be excluded

from the United States. He testi-

fied that he had registered under

the Selective Service Act but had

never received a notice to appear

for induction. On the advice of

' counsel, he refused to answer a

question as to whether he had

left the United States to avoid

service in the Armed Forces.

Thereupon, he was turned over

to the FBI, who brought him be-

fore the U.S. District Court in

Sacramento.

After Bean's release from pris-

on in 1956, the exclusion proceed-

ings were reopened at a hearing

in San Francisco on April 9,

1956. At this hearing he was rep-

resented by ACLU Staff Counsel,

Lawrence Speiser.

Bean proved his citizenship not

Medina Raps

Attacks On

5th Amendment

Federal Judge Harold R.

Medina, U. S. Court of Ap-

peals, declared recently that

he "would rather see every

Communist go scot free than

abandon or water down" any

part of the Bill of Rights, par-

ticularly the Fifth Amend-

ment.

Judge Medina, who presided

over the trial of 14 Communists

convicted under the Smith Act,

spoke at a Washington's Birth-

day banquet of the Sons of the

Revolution in New York. He was

awarded their gold medal for his

outstanding civic achievements.

Said Medina, "Some or all of

our freedoms are being threat-

ened...free speech, freedom of

religion, equality of all men un-

der the law, and freedom from

unreasonable searches and seiz-

ures." But the attack on the Fifth

Amendment, the right of a per-

son to refuse to incriminate him-

self, is most severe, he said.

"The privilege against self-

incrimination extends to Commu-

nists as well as others...and |

their rights must be upheld no

matter how mischievous or dan-

gerous they may be."

only by his own testimony, but

by his birth certificate, a U.S.

passport and the testimony of a

cousin, Alita Arthur, who had

seen him regularly in the United

States since his birth.

BURDEN OF PROOF

The Immigration Service did

not attempt to prove that Bean

had lost his United States citizen-

ship, but contented itself with in-

troducing into evidence a certi-

fied copy of the judgment of con-

viction on the draft charge. Be-:

cause his counsel felt that the

burden of proof was on the gov-

ernment to prove expatriation,

Bean declined to answer any

questions concerning his resi-

dence in Mexico.

The hearing officer conceded

that Bean was a citizen by birth.

He did "not find that the appli-

cant (Bean) has or has not expa-

triated himself from his United |

States citizenship but I do find :

that he has failed to prove his

right to enter the United States,

and shall find in the absence of

proof to the contrary that he is

an immigrant and as such re-

quired to present a valid, immi-

grant visa. Since he is not in

possession of and has not pre-

sented a valid immigrant visa he

is subject to exclusion."

The Board of Immigration Ap-

peals, on September 5, 1956, sus-

tained the hearing officer's rul-

ing. While making no decision on

the question of expatriation, the

Board held that Bean's "forced

return from Mexico and convic-

tion raise at least an inference of

expatriation. However, in view

of his silence it is proper to con-

clude that he is an immigrant not

in possession of an immigration

visa and his exclusion was prop-

erly ordered upon that ground."

Bean remains on parole pend-

ing determination of his right to

remain in the United States.

ENJOIN IMMIGRATION

SERVICE

The legal action not only seeks

to enjoin the Immigration Serv-

ice from enforcing its exclusion

order but also seeks a declara-

tion that he is a United States

citizen who is not excludable.

14TH AMENDMENT

The ACLU claims that as an

American-born citizen, Bean can-

not be excluded from re-entry

into the United States without vi-

olating his rights under the citi-

zenship clause of the Fourteenth

Amendment and the due process -

clause of the Fifth Amendment

to the United States Constitution.

If the Government claims Bean

lost his. citizenship, the burden

of proving his expatriation, the

ACLU contends, is upon the Gov-

ernment and "must be shown by

clear, convincing and unequivocal

evidence."

The ACLU also argues that the

practical effect of the Immigra-

tion Service exclusion order is to

expatriate Bean. Such a result, it

contends, cannot be `achieved ex-

cept in court proceedings and

not by the decision of an Immi-

gration: Service officer.

In any case, the ACLU argues

that since the Government al-

lowed Bean into the country for

the purpose of being charged

with a crime and serving a prison

sentence, the proper procedure is

to attempt to deport Bean and

not to rely on the fiction that he

is still knocking on the door seek-

ing admission. Of course, if a de-

portation proceeding had been.

brought against Bean there is no

question that the Immigration

Service would have had the bur-

den of proving that he had ex-

patriated himself. -

The case also raises the ques-

tion whether an American citizen

can be expatriated without ac-

quiring citizenship in another

country.

- American

Civil Liberties

Union

Volume XXII

APR

San Francisco, California, arch, 1957

Number 2:4.

JOHN FOWLE, REV. LION

JOIN ACLU BOARD

Two new members have been added to the Board of Direc-

tors of the American Civil Liberties Union of Northern Cali-

fornia, it was announced last month. The two newcomers,

Mr. John M. Fowle of Los Altos, and Reverend F. Danford

Lion of Palo Alto, will assume their new posts the first of

April.

JOHN M. FOWLE

-LOS ALTOS

Mr. Fowle, who is engaged in

real estate development, founded

the Dura Bond Bearing Com-

pany, in which hee is still active,

did research and development on

Diesel engines with the Atlas Im-

perial Diesel Engine Company,

and later was chief engineer of

the Diesel division of the Joshua

Hendy Iron Works.

Mr. Fowle graduated from Stan-

ford University in 1930, was born

in Gomez Palacio, Mexico, and

was reared in the Middle West

and South. He is a resident of

Los Altos, where he serves as a

member of the city council.

Reverend F. Danford Lion, min-

REV. F. DANFORD LION

-PALO ALTO

ister, Palo Alto Unitarian Church

since 1949, was born and reared

in Massachusetts, studied a pre-

medical cource-at DePauw Uni-

versity, graduated from the Uni-

versity of Chicago with an A.B.

in 1936. He received his B.D. de-

gree from Meadville Theological

School in 1938. Since then, he

has served in ministerial posts

with the Unitarian Church in

Massachusetts and New York.

Particularly, he has been inter-

ested in work with young peo-

ple's groups, conferences, and

work camps.

He is married, has three chil-

dren, and resides in Palo Alto.

Membership Drive.

Extends Into April -

The Fifth Annual Membership

drive of the Northern California

affiliate of the American Civil

Liberties Union, which began

March 15 in some communities,

is now in mid-stream, with other ,

communities extending their ac-

tivities into mid-April. The drive,

which is being conducted in 23

communities throughout north-

ern California, is seeking $5000

and 600 new members.

-The drive is under the chair-

manship of Joseph S. Thompson,

president, Federal Pacific Elec-

tric Company, San Francisco. Mr.

Howard Friedman, of Schubart

and Friedman, architects, and Mr.

William Coblentz, attorney, are

co-chairing solicitation responsi-

bilities for special gifts.

Each member is invited to at-

sos

A total of 2000 names of

prospects to be solicited dur-

ing the current spring mem-

bership have been sent to the

ACLU office by members.

An additional 800 names

are needed. Members are

urged to carefully rack their

brains for additional pros-

pects.

tend the meetings in his own

community and bring guests with

him who would be interested in

joining ACLU. A schedule of the

meetings follow: BERKELEY:

"The Catered Affair" a brunch

for workers, was held at the

home of Mrs. Harold Mann on

March 18. Thirty-five volunteers

attended the breakfast, catered

by Mr. Walter Mayer of the Cor-

don Bleu cooking school. Mrs.

Joseph Brooks, of the First Meth-

odist Church of San Leandro,

spoke on California's Church

loyalty oath problem.

DAVIS: A meeting was held

on March 19, under the auspices

of the Democratic Club, at which

Lawrence Speiser, ACLU staff

counsel, spoke on current civil

liberties cases before the Su-

preme Court.

DIABLO VALLEY: No

ing scheduled.

HAYWARD: Forty members

and prospects heard Ernest Be-

sig speak on current cases of

the ACLU on March 21.

LOS ALTOS and MOUNTAIN

VIEW: On April 3, John Merry-

man will speak to members and

guests on the current program

meet-

of ACLU at the home of Ted

Baer. Dessert and coffee will be

-Continued on Page 3

School Drops

Religious Query

In Application

Teachers who apply for jobs

with the San Carlos elementary

school system will no longer have,

to supply information as to their

religious preference on the appli-

cation blank. On March 21, the

trustees of the school board

agreed that the question violated

state law and ordered it elimi-

nated from the application blank.

The decision resulted from a

letter to Supt. A. R. Beardsley

from Ernest Besig, local director

of the ACLU, suggesting that the

religious preference question vi-

olated California public policy as

expressed in Sec. 13031 of the

Education Code, adopted by the

California Legislature in 1955.

CALIFORNIA POLICY

That section reads as follows:

"Governing boards of school dis-

tricts shall employ for positions

requiring certification qualifica-

tions, only persons who possess

the qualifications prescribed by

law. It shall be contrary to the

public policy of this State for any

person or persons charged, by

said governing boards, with the -

responsibility of recommending

such persons for employment by |

said boards to refuse or to fail to

do so for reasons of race, color, re-

ligius creed, or national origin of

said applicants for such employ-

ment."

"Since an applicant's religious

preference has nothing to do with

his teaching qualifications," said

the ACLU, "the only conceivable

reason for asking the question is

to reject:an applicant whose reli-

gious faith is unacceptable to the

District."

Supt. Beardsley explained that

the question had been on the ap-

plication blank long before the

Legislature prohibited an inquiry

as to race, color, religious creed,

or national origin of an applicant.

"We have Jews, Protestants and

Catholics teaching in our dis-

trict," said Mr. Beardsley.

He claimed the information as

to the religious preference of

teachers was sometimes fur-

nished to the appropriate religi-

ous groups, so that they could ap-

proach a teacher for membership.

Prof. Z. Chafee

Civil Liberties

Champion, Dies

BOSTON, Feb. 8 - Professor

Chafee, Jr. 70, a member of the

Harvard Law Faculty for 40

years, and defender of civil liber-

ties died today in Massachusetts

General Hospital. He had suf-

fered a heart attack at his home

in Cambridge on Feb. 2.

eae rata

In T i. Issue

ACLU Court Docket ..... 4

Sacramento's Pro-Civil

Liberties Bills ....... 3

National ACLU Statement

on John Kaspar ...... 4

Rufus Bean Case ....... 1

Recent U.S. Supreme

Court Decisions . . 3

Bay Area Comments...

_ (Editor's Note.-Here are quotes reprinted from an editorial in

the San Quentin NEWS, Feb. 21, 1957, weekly publication of the

California State Prison at San Quentin.) .

"Occasionally a cinematic. ripple reaches out across our country

with the release of some controversial picture.... -Recently Elia

Kazan's "Baby Doll" came in for this sort of sensational deploring.

Naturally, the film began breaking box office records wherever it

played. We are that sort of people. If it's naughty, and we find out

about it, we shall be mildly curious; if it's naughty and everyone

screams about it, see it we must.... The moral `right' or `wrong' of

these pictures, these books, these plays is of no concern. How do you

measure worth? What concerns-or certainly should concern-each

thinking person is the imposition of another's will upon a segmented

whole. How dare one human police the conscience of another! ...So

long as freedom of choice remains to most of us, it passes under-

standing that one man, one group one church should have the effront-

ery to tell the world what is good for it..."

TOM SAWYER COULDN'T

STAY ON THE SHELVES...

(Editor's Note--Reprinted here are quotes from the San Fran-

cisco CHRONICLE editorial of March 14, 1957.)

The fact that Senate Bill 1839 bore an imposing list of sponsors

...imparts no wisdom whatever to this wrong-headed attempt to

clamp censorship not only upon textbooks but also upon the libraries

of all public schools in California. oo ` .

The bill would graft two sections upon an existing section of the

Education Code. These would compel all school boards to toss out a

materials "that teach, sponsor or otherwise tend to propagate ideas

or principles... at variance with the principles of morality, truth,

justice and patriotism..." oS :

The bill has the inherent and disabling defect of vagueness. It

leaves the determination of "morality, truth, justice" to the whims

and prejudices of anybody who might be named by a school board to

examine library shelves...further the bill is superfluous. School

boards already have the responsibility of choosing material for school

libraries... oe :

Senate Bill 1839 is offensive both in its philosophical and in its

practical aspects...it should be knocked in the head and buried

deeply. -

Passports: Right Or Privilege?

(Editor's note: William Henry Chamberlin, writing in

The Wall-Street Journal for February 26, discusses the ques-

tion whether travel abroad is a right or a privilege of Ameri-

can citizens. He mentions the practice which has developed

during and since World War II of withholding a passport on

the ground that the applicant's trip would not be "in the best

interest of the United States.") - :

_ "There is a case," says Mr. Chamberlin, "for denying

travel facilities to known Communists, who have been legally

designated as members of a fifth column conspiracy against

this Government. There is a case for requiring passport

applicants to file a non-Communist affidavit.

"Beyond this, restriction should not go. No matter how

foolish or wrongheaded or obnoxious a man's ideas may be,

in the judgment of most of his countrymen, he has a Consti-

tutional right to express these ideas, so long as no incitement

to crime is involved. There is no more justification for pre-

venting him from speaking his mind abroad than for gagging

him at home. oo

"In short, it would be a fine testimony to the values of a

free, as opposed to a totalitarian, society if the U.S. would

inaugurate a policy of automatically granting passport appli-

cations, subject only to a non-Communist affidavit, and of

making passports valid without limitation as to time. And it

would also be a good idea to drop some of the excessive so-

called security red-tape which makes a visit to this country _

a burden and an irritation to Europeans. :

"There is much wisdom about the values of a free society

in a memorable speech of the great Athenian statesman Peri-

cles, not least in his contrast between free Athens and totali-

tarian Sparta: `If we turn to our military policy, there also

we differ from our antagonists. We throw open our city to

the world, and never by alien acts exclude foreigners from

any opportunity of learning or observing, although the eyes

of an enemy may occasionally profit by our liberality.'

"The U.S., like Athens, is most in character when it faith-

fully observes the ideal of individual liberty. Well-intentioned

bureaucrats have made too many encroachments on this ideal,

in politics as in economics."

Board of Directors of the American Civil Liberties Union (c)

of Northern California

Dr. Alexander Meiklejohn

VICE CHAIRMEN: Helen Salz,

SECRETARY-TREASURER: William M. Roth

GENERAL COUNSEL: Wayne Collins

HONORARY TREASURER: Joseph S. Thompson

Philip Adams Prof. Theodore J. Kreps

Theodore Baer Rev. F. Danford Lion

Prof. James R. Caldwell Seaton W. Manning

William K. Coblentz Dr. John Henry Merryman

Rabbi Alvin |. Fine Rev. Robert W. Moon

John M. Fowle : Rt. Rev. Edward L. Parsons

Laurent B. Frantz Clarence E. Rust

Howard Friedman Theodosia B. Stewart

Rev. Oscar F. Green " Stephen Thiermann

Zora Cheever Gross Franklin H. Williams

Alice G. Heyneman

J. Richard Johnston

HONORARY MEMBER:

Prof. Van D. Kennedy

Sara Bard Field

Gentlemen:

Letters to the Editor...

March 2, 1957.

Dear Mr. Besig:

Just a word to congratulate and

thank you on your many clear

and stirring statements of ACLU

purposes, of which your reply to

the Oakland Tribune editorial

"Civil Liberties Union Deserves

Rebuke" is the most recent ex-

~ ample.

- I doubt if such statements would

be possible or consistent under

integration with national ACLU,

and so I say let's not integrate.

We will gain, but not nearly so

much as we will lose.

Sincerely,

LOUIS W. JONES.

February 17, 1957.

According to various news re-

ports of recent times, the State

Department uses its own judge-

ment in deciding where American

citizens may travel, or which

American citizens may have a

passport. I understand that. for

instance U. S. passport holders

may not now visit the State of

Israel, and probably some other

mid-eastern countries. You may

have read of the reporter whose

passport was revoked because he

entered Red China in quest of

legitimate news. And, of course,

you are familiar with the Paul .

Robeson case, where the State

Department refused to issue a

passport, and as I read, was up-

held by the Supreme Court.

The trend expressed in these

happenings bothers me as a mat-

ter of principle. Personally, I

am completely unaffected.

It was always my understand-

ing that the passport serves two

main functions: to identify the

person to whom it is issued, and

to allow him to ask for protection

by the U. S. representative (am: .

bassador, minister or consul) in

a foreign country. In my opinion

a passport should have no other

function.

It is obvious that the passport

would not permit the bearer to

ask for protection in countries

where we have no representation,

such as in China. Anybody trav-

eling in these parts of the world

would do so at his own risk,

should be so advised and in case

of trouble should be made to pay

for any costs incurred by the gov-

ernment in his "rescue."

By the same token, any citizen

wanting to enter a trouble spot

as in the Mid-East would do so

at his own risk if so advised, al-

though we may have proper rep-

resentation there, if that was the

current policy of the State De-

partment.

Any interpretation which would

allow the Government to dictate

ACLU

permissible and forbidden travel

would in effect make the United -

States a glorified giant prison.

Such thinking seems to be incom-

patible with the basic tenets of

human freedom.

In my opinion, also, the State -

Department should not be al-

lowed to withhold the issuance

of a passport to any citizen-un-

less he was presently under in-

dictment, on parole, or wanted as

`a material witness in any other

criminal proceedings or possibly

congressional investigation.

Withholding a passport on sus-

picion that the bearer may pos-

sibly damage the welfare of the

U. S. is absolutely opposed to the

principle that nobody is declared

guilty until the facts are proven

in open court.

What bothers me is the prin-

ciple that we may unwittingly

have granted the State Depart-

ment, namely the absolute juris-

diction over our freedom to go

where we want to go when it

pleases us, except for strictly un-

lawful designs expressly deter-

mined.

It may be that I misinterpret

events. In that. case, please set

me clear. If the law states what

I am afraid of, steps should be

taken. to restore freedom of the

individual before further en-

croachments. Otherwise it may

not be too long before we are told

as were the serfs in medieval

England that we have to. live

where we were born even within

the boundaries of the U. S. and

not only beyond.

Sincerely,

CARL E. ROSENFELD. .

March 11, 1957.

Dear Mr. Besig:

I am in your dead file for one

reason only. It is because you

maintain that any demagogue has

the right to commit group libel

whenever he wishes to get up and

spout off anti-semetic filth. This

I don't buy. Whenever you change

your mind I will be coming out

of the deat file.

Sincerely,

EDWIN T. GOLDEN, C.L.U.

(See Kaspar, P. 4)

Pending the election of a

chairman to succeed the Rev.

Harry C. Meserve, Helen Salz,

vice-chairman, will serve as

Acting Chairman and Dr. Al-

exander Meiklejohn, also a

vice-chairman, will preside at

board meetings. :

This arrangement was

worked out by the two vice-

chairmen who, under the By-

Laws, "act in lieu of the Chair-

man in event of the latter's ab-

sence or inability to" serve.

March 4, 1957.

Board of Directors, ACLU

San Francisco, Calif,

Gentlemen:

The current ACLU-News in-

forms me the ACLU may con-

sider the case of the literary

magazine, "The Miscellaneous

Man," 32 copies of which have

been seized by the S. F. Collector

of Customs on grounds of obscen-

ity.

I have personally looked over

the disputed magazine. It is on

sale at a Berkeley magazine store.

These copies were brought into

the country through the Port of

New York.

Whether the story under con-

sideration is objectionable I can-

not say. But I have noticed that

. it contains an invective which (c)

undoubtedly can be regarded the

very lowest in the English lan-

guage, division of utter profanity.

While sympathizing with Mr.

William Margolis, whom I have

met, I do not feel this case is one

the ACLU should bother to de-

fend. If it were merely a ques-

tion of censorship I would not

_ say this. But these days worthier

and nobler cases go by the board

for lack of time, personnel and

funds.

In Cole Porter's song, "Any-

thing Goes'-popular in the 30

-a line goes:

"In olden days a glimpse of

stocking

Was thought of as something

shocking;

Now all great poets use four-

letter words

In their prose-"Anything

Goes!"

Certainly Mr. Margolis has

every right to publish all or any

type of prose and poetry in his

"Miscellaneous Man." I am all

for free speech. But I am also

for good taste. If Mr. Margolis

should feel the time has come

when "Anything Goes," and when

smut can be placed on the break-

fast table, he should do this at

his own risk and not expect the

ACLU to defend his right to the

use of obscene language.

By defending "The Miscella-

neous Man" the ACLU would

spread its good influence ex-

tremely thin. The ACLU has not

withered much under criticism in

the past. But in the case of the

"Miscellaneous Man" any criti-

cism heaped upon the ACLU may

well be justified.

Sincerely yours,

WALTER GERSTEL.

(Editor's Note.-At their March

7 board meeting, the ACLU board

voted to intervene on behalf of

Mr. Margolis and The Miscella-

- neous Man.)

News Notes Across the Nation

NEW YORK CITY, March

13-The presidents of five

municipal colleges in greater

New York have barred John

Gates, Communist Party lead-

er and editor of The Daily

Worker, from speaking on

their campuses. The action

was taken at a meeting of the

- presidents of Queens College,

City College, Brooklyn Col-

lege, Hunter College, and the

Staten Island Community

College on March 12.

Their ban applies to all per-

sons convicted under the Smith

Act. Gates had been invited by a

student group to speak at Queens

College.

NEW YORK, March 13-

A House subcommittee threat-

ened contempt action today

against three witnesses who re-

fused to answer questions about

Communism.

One of the three, John Gates,

refused to tell them what they

already knew-that he is one of

ACLU NEWS

March, 1957

Page 2.

the nation's top Reds and man-

aging editor of the party's news-

paper, The Daily Worker.

Gates was one of 11 top Ameri-

can Communist leaders impris-

oned for conspiring to teach and

advocate overthrow of the U. S.

Government.

`FORT ORD, Calif. March 7-

The report of a three-man securi-

ty board on whether to deny

Army induction to Arlon Tussing,

23, because of membership in

Socialist groups has been for-

warded to-Washington for review :

and decision. Officers who par- |

ticipated in the hearing `disclosed

nothing of what went:on, but

Francis Heissler, Carmel attor-

ney for Tussing, said, "I think

we have convinced the board con-

siderably . . . because he is a

socalist, he subscribes to `an ethi-

cal concept, and that makes it

necessary for him to be loyal to

his country."

SAN FRANCISCO, February

25-National director Benjamin

R. Epstein of the Anti-Defama-

tion League stated that many Los

Angeles and San Francisco em-

ployers discriminate against Jews

in their hiring. Quoting from a

survey made by the Institute of

Industrial Relations of the Uni-

versity of California, Epstein said

that of 340 private employers in

major industries interviewed, 75

or 22 per cent acknowledged they

either barred Jews completely or

limited their employment on a

quota basis.

WASHINGTON, March 3-The

`Senate Internal Security Subcom-

mittee today called for a govern-

ment crack-down on Tass, Soviet

news agency. Said the committee

that Tass actually "has been a

potent arm and cover for Soviet

military intelligence."

WASHINGTON, Feb. 27 - A

House judiciary committee has

approved President Eisenhower's

civil rights bills, recommending

a commission to study the whole

field of civil rights and violations

of them; a special division of the

Department of Justice to handle

civil liberties matters; authority

for the attorney general to seek

injunctions against violations of

civil liberties; specific authority

for the attorney general to go

directly to federal court to seek

injunctions against threats to the

right to vote.

IN SACRAMENTO

The Legislative Scene

CRIME COMIC BAN DEFEATED...

A bill to prohibit the sale of crime comic books to anyone

under the age of 18 suffered two defeats in the California

Legislature last month and. was finally abandoned by its

author, Assemblyman Frank G. Bonelli of Huntington Park.

While the Assembly Judiciary Committee voted 8 to 6 to

give the bill a "Do Pass" recom-

mendation, it needed 10 votes to

reach the Assembly floor. Bonelli

then moved to have the Assembly

withdraw the bill from the Judic-.

iary Committee, but only 27 as-

semblymen supported this mo-

tion while 37 voted against it.

Thereupon Bonelli declared, "I'm

through. I give up." i.

Crime as defined by the mea-

sure, A.B. 64, not only included

criminal acts by human beings

but "acts by animals or any non-

human, part human, or imagin-

ary beings which, if performed

by a human being, would consti-

tute any of the crimes named."

Opponents of the measure seized

on this provision and pointed out

that under it Donald Duck car-

toons and nursery tales such as

Peter Rabbit would be banned.

Prof. Leroy Charles Merritt of

the University of California, ar-

gued as follows before the judic-

-iary committee:

"Removing crime comics from

the hands of those under 18 in a

world where crime is nightly

dramatized on radio and televis-

ion, and where real crime is the

daily diet of even the most cas-

ual readers of our newspapers,

is to erect a thin tent in a gale.

"It is my considered judgment

that there is nothing to be gained

from this bill that would at all

compensate for the very grave

dangers inherent in the legal

censorship of reading material in

the State of California."

BILL GIVES POLICE

FANTASTIC POWERS

Police officers would be grant-

ed fantastic powers to stop, ques-

tion, detain, search, arrest and

even judge people under a pro-

posal introduced in the California

Legislature by Assemblyman Mc-

Gee, A.B. 1857. Many of the pro-

posals are of doubtful constitu-

tionality.

For example, citizens could be

stopped and questioned by police

officers at any time. "A peace

officer may stop and question any

person for the purpose of elicit-

ing information concerning the

commission of public offenses

and may inquire as to the iden-

tity of such person, and it is the

duty of every person to give such

information to peace officers

upon request."

Another section in the proposal

would permit a policeman to de-

tain a "suspect" for at least two

hours. Here's the language of the (c)

proposal: "A peace officer may ~

stop any person whom he has rea-

sonable cause to believe is com-

mitting, has committed or is

about to commit a public offense

and may demand of him his iden-

tity, address, and the reasons for

his presence there. Any person

so questioned who fails to reason-

ably identify himself or explain

his reasons for being there may

be detained and further ques-

tioned and investigated. The to-

tal period of detention provided

for by this section shall not ex-

ceed two hours. The detention is

not an arrest and shall not be re-

corded as an arrest in any offi-

cial record. At the end of the

detention the person so detained

shall be released or be arrested

for a public offense.

Police would be permitted to

release arrested persons without

bringing them before magistrates

(thereby conferring judicial

powers upon the police), if an

arrest had been made without a

warrant and it was decided there

was no ground for issuing a com-

plaint. : :

The police could also release

persons arrested for. intoxication,

if no further proceedings were

"desirable." They could also re-

lease persons without bond `in

misdemeanor cases.

If this bill is ever adopted, the

ACLU's main job will be to pro-

tect citizens from being pushed

around by the police.

JURY TRIAL FOR

MENTALLY ILL

The right of trial by jury would

be virtually eliminated in com-

mitment cases under the terms

-

of A.B. 3787, introduced by As-

semblyman McGee. Only alleged

sexual psychopaths, dipsomani-

acs, inebriates, and habit-forming

drug addicts would retain the

right to a jury trial.

Sacramento Forum

Scheduled April 7

"Is There Safety In Conform-

ity?" A forum discussion of this

topic, sponsored by the American

Civil Liberties Union of North-

ern California, will take place at

the Sacramento Unitarian

Church at 8 p.m. Sunday, April 7.

Panel members will be:

Ernest Besig, director of the

A.C.L.U., from San Francisco;

Cole Blease, attorney, Sacra-

mento legislative representative

of the American Friends (Quak-

ers) Committee on Legislation;

Prof. Wilson Record, instructor

in Sociology at Sacramento State

College;

Dr. Woodrow Burgess,

practicing pyschiatrist.

Rev. Galen Lee Rose, Execu-

tive Director, Sacramento Coun-

cil of Churches; y

Mrs. Margaret C. Funai, 3381

Sierra Oaks Drive, a member of

the League of Women Voters.

She has headed the League's lo-

local

_eal study unit on "Individual

Liberties."

Rev. Theodore C. Abell, minis-

' ter of the Sacramento Unitarian

Church, will act as moderator.

Erwin Cooper, 4420 50th Avenue,

who is heading the A.C.L.U. mem-

bership drive in Sacramento, is

in charge of arrangements and -

publicity.

Seventeen Major IN WASHINGTON

The Judicial Scene'

Pro-civil Liberties

Bills Introduced

A substantial number of pro-

civil liberties bills have been in-

troduced at this session of the

Legislature. The outstanding

"measure is A.B. 2000, by Assem-

blyman Hawkins (D., L.A.) and.

42 others which proposes a Fair

Employment Practises Act. The

-companion bill in the Senate is

S. B. 2353. The Hawkins bill was

adopted by the Assembly two

years ago and has broad support

throughout the state. A similar

bill, A. B. 7 has been introduced

by Assemblyman Burton (D., S.

F.) and eight others.

A.B. 1920 authorizes a study

to determine the effects of dis-

crimination on unemployment.

A.B. 2690 establishes a State Civil

Rights Commission while A.B.

3687 would create a Human Rela-

tions Commission. A State Com-

mission on Discrimination in

Housing, to prevent and elimin-

ate discrimination in public-as-

sisted housing, would be created

by A.B. 3979. Discrimination in

housing redevelopment projects

and in the sale, rental or lease of

public housing would be prohib-

ited by A.B. 367 and A.B. 1685

respectively. A.B.. 1150 would

suspend the credentials and fine

school district employees who re-

fuse to hire teachers because of

race, creed or color.

REPEAL OATHS

A number of bills have been

introduced to repeal legislation

requiring oaths. A.B. 2214 would

repeal the oath that is required

as a condition for tax exemption,

while A.B. 2215 would repeal the

oath required in securing the use

of a Civic Center. A.C.A. 37

would repeal the Levering Act

oath for public employees, while

A.B. 2346 would make the tax ex-

emption loyalty oath inapplicable

to churches. Also, ten different

bills have been introduced to ex-

cuse the tardiness

churches and non-profit organi-

zations in filing the loyalty oath

required for tax exemption.

Legislative investigation of

wiretapping has not only resulted

in S.B. 239 mentioned last month

but also S.B. 176 by Sen. Farr (D.,

San Benito and Monterey), pro-

hibiting tapping the conversation

between a prisoner and his attor-

ney, religious advisor and physi-

cian. A.B. 2941 by Burton and

five others is a comprehensive

measure directed against eaves-

dropping by any kind of device

and bans introduction of such

communications into evidence in

a legal proceeding.

Membership Drive

Continued from Page 1-

served at 8 PM, with the meeting

immediately following.

MARIN COUNTY: On March

23, a brunch was held for workers

at the home of Mrs. Rebecca

Esherick, Kent Woodlands; and

on March 30; Mr. and Mrs. Robert

Greensfelder in Mill Valley, host-

ed a second breakfast for work-

ers. No other meetings are sched-

uled, but the annual Marin Coun-

ty potluck will be held late in

Spring.

MENLO PARK-ATHERTON:

John Merryman will speak on the ~

current program of the ACLU

on April 11, at 8 p.m. at the home

of Mr. and Mrs. Stewart Hughes,

1015 Lemon Street, Menlo Park.

MODESTO: No meeting.

MONTEREY PENINSULA: No

meeting.

OAKLAND: No meeting.

PALO ALTO and STANFORD:

Two meetings will be held in

Palo Alto. On April 10, Mr. and

Mrs. Reid W. Dennis, 727 Desota

St. will be host at a dessert and

coffee meeting to begin at 8

p.m. No speaker has been an-

nounced yet. Telephone Mrs. Den-

nis for further information. On

April 17, Ernest Besig will ad-

dress members and prospects at

the home of Mr. and Mrs. Harold

F. Wise, 1056 Amarillo. Dessert

and coffee will be served at 8

p.m., followed by the meeting.

REDWOOD CITY and SAN

CARLOS: Lawrence Speiser

spoke on March 25, at the home

of Mr. and Mrs. Harry Lewen-

stein, on current cases of the

ACLU.

RICHMOND and EL CERRI-

TO: An April 4, members are in-

vited to hear Mr. Ernest Besig

speak on civil liberties in north-

ern California, at the home of

Mr. and Mrs. John T. Knox. Tele-

phone Mr. Joseph Landisman for

directions and address of the

Knoxes.

SACRAMENTO: On April 7, at

8 p.m. at the Unitarian Church,

the Sacramento membership com-

mittee is holding a forum "Is

there safety in conformity?" Mr.

Ernest Besig from the Northern

California ACLU, Cole Blease,

attorney, Sacramento legislative

representative on the Friends

Committee on Legislation, Pro- .

fessor Wilson Record, sociology

instructor at Sacramento State

College, D. Woodrow Burgess,

psychiatrist, Rev. Galen Lee

Rose, executive director Sacra-

mento Council of Churches, and

Mrs. Margaret Funai, head of the

League of Women Voters' study

unit on individual liberties, will

participate in the panel. (See

page 3 for full details.)

SAN FRANCISCO: No meet-

ing.

SAN MATEO: Ernest Besig

will speak at the home of Dr. and

Mrs. Alec Skolnick, 345 Parrot

Drive, at 8 p.m. on April 8, on

the current program of ACLU

and. plans for the coming year.

SANTA CRUZ: On March 26,

John Merryman addressed mem-

of many -

On Obsenity...

The U.S. Supreme Court re-

cently reversed the conviction of

Alfred E. Butler, a Detroit book

dealer, who was charged with

violating an obscenity statute for

selling a soft-covered edition of

"The Devil Rides Outside," by

John Howard Griffin. The law

made it a misdemeanor to sell

any book, magazine, pamphlet or

similar publication "containing

obscene, immoral, lewd or lasciv-

ious" material "tending to incite

minors to violent or depraved or

immoral acts, manifestly tending

to the corruption of the morals

of youth."

`In: a unanimous opinion writ-

ten by Justice Felix Frankfurter,

the court held that Butler was

convicted because "Michigan ...

made it an offense for him to

make available a book the trial

judge found to have a potentially

deleterious influence upon youth.

The State insists that, by thus

quarantining the general reading

public against books not too

rugged for grown men and wo-

men, it is exercising its power

to promote the general welfare.

Surely, this is to burn the house

to roast the pig."

"We have before us," Justice

Frankfurter continued, "legisla-

tion not reasonably restricted to

the evil with which it is said to

deal. The incidence of this en-

actment is to reduce the adult

population of Michigan to read-

ing only what is fit for children.

It thereby arbitrarily curtails

one of those liberties of the in-

dividual, now enshrined in the

. Due Process Clause of the Four-

teenth Amendment, that history

has attested as the indispensable

condition for the maintenance

and progress of a free society."

The court did not deal with

the main constitutional argument

raised by the ACLU's "friend of

the court brief," that the Detroit

police functioned as a pre-cen-

sorship agency in clearing books

before their public distribution.

'"The Devil Rides Outside" is

the story of a young American's

visit to a Benedictine monastery

in France to study Gregorian

chants. From his visit, he aspires,

to resemble the monks, particul-

arly in the virtue of chastity, al-

though he is obsessed by sex.

Griffin, the author of the novel,

was blind for several years, but

suddenly recovered his sight last ~

February.

On Denial of Counsel

In a 5 to 4 decision, the U.S.

Supreme Court recently upheld

the constitutionality of an Ohio

statute under which a Fire Mar-

shal investigating the cause of a

fire may compel witnesses to

testify in private and in the ab-

sence of counsel.

"The fact that appellants were

under a legal duty to speak and

that their testimony might pro-

vide a basis for criminal charges

against them," said Justice Reed,

writing for the majority, "does

not mean they had a constitu-

tional right to the assistance of

their counsel." The court sug-

gested that, as in a Grand Jury

proceeding, a witness could al-

ways invoke the Fifth Amend-

ment as a protection against in-

crimination.

_ Justice Black wrote an elo-

quent dissent in which he was

joined by Chief Justice Warren

and Justices Douglas and Bren-

nan.

"Secret inquisitions are dan-

gerous things justly feared by

free men _ everywhere," said

Justice Black. "They are the

breeding place for arbitrary mis-

bers and friends on ACLU at the

home of Norman Lezin.

SANTA ROSA: No meeting.

STOCKTON: On March 25, Mr.

Lawrence Speiser, staff counsel

for ACLU, moderated a forum

meeting on civil liberties at the

Unitarian Church. Mrs. Weldon

West made the appeal for ACLU

members and funds.

WATSONVILLE: No meeting.

use of official power. They are

often the beginning of tyranny

as well as indispensable instru-

ments for its survival. Modern

as well as ancient history bears

witness that both innocent and

guilty have been seized by offi-

cers of the state ,and whisked

away for secret interrogation or

worse until the groundwork has

been securely laid for their in-

evitable conviction. While the

labels applied to this practice

have frequently changed, the cen-

tral idea wherever and when-

ever carried out remains un-

changing-extraction of `state-

ments' by one means or another

from an individual by officers of

the State while he is held in-

communicado. I reiterate my be-

lief that it violates the due _pro-

cess clause to compel a person

to answer questions at a secret

interrogation where he is denied

legal assistance and where he is

subject to the uncontrolled and

invisible exercise of power by

government officials. Such pro-

cedures are a grave threat to the

liberties of a free people."

Involuntary Blood Test

An involuntary blood test to

prove drunk driving does not de-

prive a person of due process of

law, the United States Supreme

Court recently decided.

In this case, at the request of

a state patrolman, an attending

physician, while the patient was. |

unconscious, withdrew a sample .

of blood by use of a hypodermic

needle. Six members of the court

decided that this situation dit-

fered from the forcible extraction

of evidence (narcotics) by the use

of a stomach pump.

"... there is nothing `brutal' or

`offensive' in the taking of a sam-

ple of blood when done, as in this :

case, under the protective eye of

a physician," said Justice Tom

Clark, writing for the majority.

Chief Justice Warren and Jus- -

tices Douglas and Black dissent-

ed, the first two writing opinions

joined in by Justice Black.

"We should, in my opinion,"

said Chief Justice Warren, "hold

that due process means at least

that law enforcement officers in

their efforts to obtain evidence

from persons suspected of crime

must stop short of bruising the

body, breaking skin, puncturing

tissue or extracting body fluids,

whether they contemplate doing

it by force or by stealth."

Said Justice Douglas: "And if

the decencies of a civilized state

are the test, it is repulsive to me

for the police to insert needles

into an unconscious person in or-

der to get the evidence necessary

to convict him, whether they find

the person unconscious, give him

a pill which puts him to sleep, or

use force to subdue him. The in-

dignity to the individual is the

same in one case as in the other,

for in each his body is invaded

and assaulted by the police who

are supposed to be the citizen's

protector."

Marin County

Elects Officers

The Marin County Board of the.

American Civil Liberties Union,

elected officers for the coming

year, at their March Board meet-

ing. `

Those officers who assume

their new duties are: Milen

Dempster, who was reelected for

a third term as chairman; Gabriel

Lehrer is treasurer; James Ches-

nut, librarian; Anne Coolidge, re-

cording secretary. Vice presi-

dents are Rebecca Esherick, civil

rights; Sali Lieberman, fund

raising; and Lorraine Weinbren-

er, publicity. Co-chairmen for the

1957 membership drive are Don

Kirschner and Mrs. Rosalind Wat-

kin.

ACLU NEWS

March, 1957

Page 3

INJUNCTION ENJOINING JOHN KASPAR

UNCONSTITUTIONAL, SAYS ACLU

The national office of the Amer-

ican Civil Liberties Union an-

nounced last month after several

months of study, that the injunc-

tion brought against John Kaspar

and pro-segregationists. in Clin-

ton, Tennessee, was too broad in

scope to be constitutionally valid,

and therefore an infringement of

free speech and association. Kas-

par, leader in the White Citizens'

Council, had attempted to block

efforts at integrating the high

school in Clinton.

The federal injunction, issued

by Judge Robert Taylor, enjoined

Kaspar and five others, "their

agents, servants, representatives,

attorneys and all other persons

who are acting or may `act in

concert with them... .from hin-

dering, obstructing or in any wise

interfering with the carrying out

of the aforesaid order of the

court, or from picketing Clinton

High School either by words or

acts or otherwise."

The ACLU has pointed out that

the school board, in seeking the

injunction was entirely within

their right to seek aid from the

`federal court in attempting to

carry out the integration order

of the Supreme Court.

Before freedom of speech and

association can be curbed, said

the ACLU, it must be examined

to see if it will directly cause

an actual breach of the peace, or

`will create a clear and present

danger that the peace will be

broken. This standard has guid-

ed the ACLU in other free speech

cases such as mass picketing by

labor unions and other groups,

and alleged subversion.

`If citizens choose to oppose the

decision by peaceful means

through speech, they have the

constitutional right to do so.

Picketing to express a point of

view in the absence of intimida-

tion, should not be enjoined.

It is important to note here,

points out ACLU, that overt acts |

of hindering or obstructing is a

different case, and cannot claim

the protection of free speech. lf

overt acts DID occur at Clinton,

this is a matter to be decided in

court at a contempt hearing.

CONTEMPT OF COURT |

The course of action Kaspar

should have taken is to appeal to

a higher court and, in the mean-

time, seek a stay of the injunc-

tion. Instead, Kaspar defied the

injunction, was cited for con-

tempt of the court and subse-

quently convicted.

Some have suggested that Kas-

Customs Stops

1st Class Mail

From U.S.S.R.

The Customs Service in San

Francisco has refused to transmit

to the addressee a sealed manila

envelope sent to her by first class

mail from the Soviet Union.

The addressee received a print-

ed notice from the Customs Serv-

ice advising her that they were

holding a sealed article "sup-

posed to contain matter prohibit-

ed in the U.S. mails," and re-

questing written authority to

open the envelope in the pres-

ence of a representative of the

Postmaster.

When inquiry was made at the

Customs Service by the ACLU,

one Stephen K. Louie, whose

principal job is to seize "foreign

propaganda" that enters the coun-

try, declared that the Service sus-

pected the envelope contained

"foreign propaganda," but he

could offer no basis for-his con-

clusion other than the fact that

the mail originated in the Soviet

Union.

After receiving a written pro-

test from the ACLU, Chester R.

MacPhee, Collector of Customs,

suddenly changed his agency's

position. It now appears that the

envelope is believed to contain

merchandise which is subject to

duty. But Mr. MacPhee fails to

reveal why Customs now believes

that the envelope contains "mer-

chandise" instead of "political

propaganda." Mr. MacPhee has

now been asked to reveal the ba-

sis for his belief that the envelope

contains "merchandise."

par's civil liberties were in-

fringed because his trial was by

a judge rather than a jury. Ona

contempt charge, Kaspar could

have demanded and received a

trial by jury. This, he waived.

No civil liberties issue is in-

volved in his choice to be tried

by a judge.

Concerning the events in Clin-

ton, the ACLU has recommended

three courses of action:

1) If the constitutionality of

the injunction reaches the U. S.

Supreme Court, the ACLU will

then consider legal intervention

to argue points outlined above;

2) When the trial of 16 persons

arrested with Kaspar for con-

tempt of court is held, the ACLU

will consider arguing the con-

stitutional points in the appeal;

3) ACLU attorneys will study

the problem in developing tech-

niques that will help support the

authority of the courts in inte-

gration cases.

One Man's Opinion

... It is a maxim among law-

yers that whatever hath been

done before may legally be

done again: and therefore

they take special care to re-

cord all the decisions former-

ly made against common jus-

tice and the general reason of

mankind .. . it is likewise to

be observed that this society

hath a particular jargon of

their own, that no other mor-

tal can understand, and where-

in all their laws are written,

which they take special care

to multiply; whereby they

have wholly confounded the

very essence of truth and

falsehood.

Jonathan Swith in

GULLIVER'S TRAVELS

State Dept. (c)

Grants Passports

To Ex-Reds

The Passport Division last

month granted passports to a

husband and wife who had for-

merly been members of the Com-

munist Party.

The husband had been a mem-

ber of the Party from 1937 to

1941, while the wife had a tenu-

ous connection with the Party for

a brief time during World War

II. She was cleared in a federal

loyalty proceeding in 1950: in

which she was represented by

the ACLU.

In the husband's case, allega-

tions were also made that he had

subscribed to the People's World

from 1946 to 1949, and that he

had attended a Communist Party

meeting in 1950. The latter alle-

gation was entirely false.

In each case, the Passport Divi-

sion requested the filing of, an

affidavit explaining in detail asso-

ciations with the Party. This was

done in the husband's case, but

in the case of the wife the Divi-

sion was referred to the tran-

script of the loyalty hearing

wk must have been available

0 it.

About four months elapsed -

from the date the passport appli-

cations were. filed to the date:

they were granted. The ACLU

assisted in both cases.

._ Atits last meeting, the Board

of Directors accepted with re-

gret the resignation of Kath-

leen D. Tolman, and Laurence

Sears, professor at Mills Col-

lege.

Mrs. Tolman, a member of

the board for 19 years, indicat-

ed that for reasons of health,

it is impossible to fulfill her

board responsibliities.

Mrs. Sears who has served.

on the board since 1946, wrote

in resigning: "I do so only

under necessity and with the

deepest regret....1I have val-

ued the work of the committee

and felt more honored to be a

member than I can say."

The ACLU of Northern Cali-

fornia through its Staff Coun-

sel, Lawrence Speiser, with the

-. cooperation of volunteer ACLU

attorneys, is presently handling

the following legal court cases

involving civil liberties issues as

well as appearing as friend of the

court in one other case:

TAX EXEMPTION

LOYALTY OATH

(CHURCHES)

First Methodist Church of San

Leandro vs. Horstmann: Validity

of loyalty oath as condition for

church tax exemption now pend-

ing before State Supreme Court

after being ruled unconstitution-

al by Alameda County Superior

Court Judge, James R. Agee, on

both free speech and discrimina-

tion grounds. Oral argument hbe-

fore State Supreme Court on

June 13, 1956. The Court took

all tax oath cases under submis-

sion on Jan. 30, 1957. Co-Counsel

William T. Belcher of Oakland.

First Unitarian Church of

Berkely vs. Horstmann: Same is-

sues as San Leandro Church case

and same result after consolida-

tion in lower court. Likewise

pending in the State Supreme

`Court after June 13, 1956 oral

argument in which co-counsel -

participated. Co-Counsel-J. Rich-

ard Johnston of Oakland.

TAX EXEMPTION

LOYALTY OATH

(VETERANS)

Speiser vs. Randall, et al:

Pending before State Supreme

Court after oral argument on

June 13, 1956. Unanimous five-

judge decision by Contra Costa -

Superior Court bench declared

veteran's tax exemption oath un-

constitutional on free speech

grounds. Co-Counsel - Joseph

Landisman of Richmond.

Prince vs. City and County of

San Francisco: Pending before

State Supreme Court after June

13, 1956 oral argument. San Fran-

cisco Superior Court Judge Wil-

liam T. Sweigert upheld veterans

oath in lower court. Co-Counsel-

Ralph Wertheimer of San Fran-

cisco.

Lehrer vs. Hall: Same issues as

Speiser and Prince cases. Pend-

ing in Marin County Superior

Court, awaiting outcome of other

cases.

HOUSING OATH

San Francisco Housing Auth-

ority vs. Thorner: A test of the

Gwin amendment requiring oath

of non-membership in Attorney

General's list of subversive or-

ganizations on pain of eviction

from public housing San Francis-

co Appellate Department declared

oath unconstitutional on Decem-

ber 21, 1956 and reversed lower

court order of eviction. Co-Coun-

sel - Franklyn Brann of San

Francisco.

TEACHER DISMISSALS

San Francisco Board of Educa-

tion vs. Mass: Dilworth Act dis-

missal case of John Mass, former

San Francisco City College Eng-

lish instructor refusing to ans-

wer questions of House Commit- -

tee on Un-American Activities.

Reversed by State Supreme

Court on December 21, 1956 on

grounds that Mass was not given

hearing on reasons for refusal.

To be reheard in trial court.

Contra Costa Board of Educa-

tion vs. John and Inez Schuyten:

Brief filed in First District Court

of Appeals on behalf of teachers,

John and Inez Schuyten, fired for

refusal to answer questions of

Burns Committee under Dilworth

Act. Opposing brief from Contra

Costa District Attorney awaited.

CITY EMPLOYEE

DISMISSAL

Wolstenholme vs. Oakland

Library Board: Reinstatement

suit filed after dismissal of sen-

ior librarian for refusing to ans-

wer questions of Oakland Library

Board. Alameda County Superior

Court Judge Cecil Mosbacher

ruled on January 4, 1957 that the

Luckel Act was valid and that

petitioner had delayed too long

in filing suit. Appeal planned.

DEPORTATION

Suit filed on December 31,

1956 in Federal District Court

enjoining attempted deportation -

of native born citizen, who gov-

ernment claims lost citizenship

while in Soviet Union. Immigra-

tion Service ruled plaintiff is de-

portable for prior membership

in Komsomol. Involves issue of

whether expatriation section of

FRANK WILLIAMS

TAKES NEW YORK

NAACP POST

Franklin H. Williams, West

Coast regional director for the

National Association for the Ad- .

vancement of Colored People,

and ACLU board member, left

March 25 for his new post as

head of the NAACP's "Freedom

Fund" campaign in New York.

Mr. Williams, a noted civil lib-

erties attorney, has indicated that

his New York post.is a temporary

one. He plans to return to the

West Coast in December.

As head of the Freedom Fund

campaign, Mr. Williams will be

responsible for raising one mil-

lion dollars, which will be used

in expanding the area of school

integration and in fighting anti-

NAACP legislation in the South.

Court Holds Chico"

Teen Curfew |

The Third District Court of

Appeal on February 8 declared .

the Chico curfew ordinance to be

invalid as "an unlawful invasion

of personal rights and liberties."

The ordinance made it unlawful

"for any minor under 17 years to

be in or on any public street,

park, square or any public place

between the hours of 10 o'clock

p.m. and 5 o'clock A.M. of the

following day, except when and

where said minor is accompanied

by a parent or legal guardian

having the care and custody of

said minor, or where the presence

of said minor in said place or

places is connected with, and re-

quired by, some legitimate busi-

ness, trade, profession or occupa-

tion in which said minor is en-

gaged."

The court pointed out that the

ordinance "completely prohibits

all minors actually going to or

coming from, or being at night

classes, library study, games,

dances or other school activities,

church functions or the theatre,

to cite but a few examples. True,

the ordinance would preclude

invalid

aimless loitering by minors in

public places during the hours

set forth, but it would also make

_unlawful many other activities by

minors which otherwise would be

lawful."

"|... the general right of ever

person to enjoy and engage in

lawful and innocent activity while

subject to reasonable restriction

cannot be completely taken away

under the guise of police regula-

tion. Any regulation to the con-

trary will be stricken down as an

arbitrary invasion of the inher-

ent personal rights and liberties

of all citizens. Thus, since it can-

not be said that prohibition

against the mere presence of a

minor on a street or in a public

place between the designated

hours for a purpose other than

required by his business, or un-

less accompanied by a parent or

legal guardian, has any real or

substantial relationship to the

primary purpose of the statute,

it therefore constitutes an unlaw-

`ful invasion of personal `rights

and liberties, and for that reason

is unconstitutional."

U.S. Nationality Act is consti-

tutional and whether government

sustained burden of proof in re-

lying on professional informers

without opportunity for cross-

examination.

UNEMPLOYMENT

INSURANCE

Syrek vs. State Unemployment

Insurance Board: Denial of un-

employment. insurance for refus-

al to sign loyalty oath of private

employer not required by any

law. Hearing scheduled in Ala-

meda County Superior Court on

~ March 26, 1957.

ILLEGAL INVESTIGATION

COMMITTEE PRACTICES

Hancock vs. Burns: Damage

suit filed in San Francisco Super-

ior Court by four ex-PG E em-

ployees against members of State

Un-American Activties Commit-

tee for causing their dismissal.

Adverse decision in San Fran-

cisco Superior Court. Appeal

briefs filed in District Court of

Appeals and awaiting oral argu-

ment. Co-Counsel - Rubin Tep-

per of San Francisco and Edward

Newman of Hayward.

DUE PROCESS DENIAL

People vs. Aykens and Wal-

lace: Appeal filed in San Mateo

Appellate Department after con-

victions in lower court under

vagrancy statute as a result of

police raid in Sharp Park bar.

ACLU brief filed November 9,

1956, challenging constitutional-

ity of vagrancy law and denial of

speedy trial. District attorney's

brief awaited.

In re Baird

Petition for writ of habeas

corpus filed challenging convic-

tion on traffic charge after trial

of defendant in absentia. Writ

issued' discharging Baird from

custody on bail. Argued in

District Court of Appeals on Feb-

ruary 28, 1957. :

Co-Counsel - Dennis L. Wood-

man of Redwood City.

"FRIEND OF THE

COURT" BRIEF

Fellowship of Humanity vs...

County of Alameda: Denial of tax -

exemption to humanist church

group by Alameda County ruled

invalid by Alameda Superior

Court Judge A. T. Shine. On ap-

peal. ACLU filed brief on appeal

contending that non-deistic hu-

manism is recognized as religious.

movement in our society against

contention of county that Fellow-

ship of Humanity was not a

church. Oral argument on March

27th. Brief prepared by George

Brunn of San Francisco, and

George Halcrow of San Mateo.

We've Come A Long,

Long Way...

... Thoughtless, ill-considered,

ill-advised actions, statements

of associations, even though

small in nature, may make

YOU a security risk. This

could happen and you might

not even be aware of it...

an indiscreet remark, an un-

wise selection of friends, asso-

ciates or membership in an or-

ganization whose true objec-

tives are concealed, behind a

popular or appealing title-

any one of these can prove dis-

astrous. These instances CAN

and SHOULD be avoided....

The Drydocker,

SF Naval Shipyard

September 3, 1954

AMERICAN CIVIL LIBERTIES

UNION-NEWS

Published by the American Civil Liber-

ties Union of Northern California,

503 Market Street, San Francisco 5,

California, EXbrook 2-4692.

STAFF EDITORS: 0x00B0

Ernest Besig, Lawrence Speiser,

Priscilla Ginsberg

" =o 151

ACLU NEWS

March, 1957

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