vol. 23, no. 2

American

Civil Liberties

Union

Volume XXIII

San Francisco, California, February, 1958

Number 2

Merchant Seamen

Navy Bars

Three As

- Security

Risks

Three merchant seamen were removed from the SS Presi-

dent Arthur in San Francisco on January 18 on security

grounds despite holding Coast Guard security clearances. The

Military Sea Transportation Service, on the basis of informa-

tion supplied by Naval Intelligence, ruled that the three men

could not enter the restricted

waters of Eniwetok for which the

ship had picked up cargo after

leaving New York on December

30.

Included among the three sea-

men was engineer John J. Ek-

strand, 36, of Milford, Conn.

Tardy Decision

M.S.T.S. said it did not make

its decision until two days be-

fore the ship's arrival when it

received the crew list. Ordina-

rily, it checks crew lists of vessels

headed for restricted waters be-

fore they leave their home port.

Capt. E. G. Claudius, Chief of

Staff for the Service in the

Pacific area, refused to reveal the

basis of his ruling. The ACLU,

which intervened on behalf of

Ekstrand, therefore asked the

-Secretary of the Navy to furnish

the derogatory information

against him and to give him an

opportunity for a hearing. Thus

far, no response has been re-

ceived.

_ Sailing for 16 Years

Ekstrand revealed that he has

been sailing for 16 years, 14 years

as an engineer. During this time

his security qualifications have

never been challenged. More-

over, he stated he was not a

joiner and had never belonged to

any Communist organization. A

seaman had once asked him to

join the Communist Party, but he

had refused. He regards himself

as a "liberal" who votes for the

best man.

"I believe," he said, "that the

Communist party, Hitler's Nazi

party, or any other political party

has a right to operate. Perhaps

that's my problem. Perhaps I

' have been too outspoken."

Entitled To Penalty Wages

Ekstrand signed on the ship for

the full voyage, from December

30 to March 12. He had waited

seven months for a berth. The

A.P.L. paid him only for the time

he worked, plus maintenance and

fare back to New York. Under the

law, however, he is entitled to

receive a month's penalty pay of

$530.99, if he is discharged ``be-

fore one month's wages are

earned, without fault on his part

justifying such discharge, and

without his consent ... ."

The Shipping Commissioner,

who is charged with the duty of

protecting seamen's rights, was

at first prepared to request A.P.L.

to make the penalty payment to

Ekstrand. Later, the matter was

reconsidered and the Commis-

sioner declined to make the re-

quest because he said he didn't

know why the Navy had re-

quested Ekstrand's removal from

his ship. The ACLU suggested

that the Navy had nothing to do

with the contract between the

Master of the vessel and Ekstrand

and that his duty was merely to

enforce that contract. Ekstrand

will now be compelled to sue for

the month's penalty wages.

Fort Mason

"Risk" Wins

Court Appeal

Nelson Tucker of 1679 B 10th

Street, Oakland, who was suspend-

ed from his job as a civilian fork

lift operator at Fort Mason as an

alleged "security risk' March 25,

1953, and then.fired on March 15,

1954, has won a court decision

from the U. S. Court of Appeals

in the District of Columbia. The

court ordered Tucker's reinstate-

-ment and there is reason to be-

lieve that the Government will

not appeal the decision to the U.

S. Supreme Court.

Acted After Cole Decision

Tucker, 54, was represent-

ed during his security hearings

by the American Civil Liberties

Union. No court action was tak-

en in his behalf until the U. S.

Supreme Court handed down its

decision in the Cole case on June

11, 1956, holding that the Presi-

dent's security order does not ex-

tend to non-sensitive jobs. Two

months after the decision in the

Cole case, Tucker asked both the

Civil Service Commission and the

Army to reinstate him to his job.

When they failed to do so, a suit

for reinstatement was filed in

`Washington.

The Appellate Court threw out

the government's sole contention

in the case, that Tucker had wait-

ed too long in appealing his dis-

missal. The Attorney General had

agreed to reinstate those in non-

sensitive positions who had been

fired during the 18 months pre-

ceding the Supreme Court ruling,

but in Tucker's case 27 months

had elapsed.

Similar Suit

The court said, however, that

"a dismissed government em-

ployee acts reasonably, and is not

guilty of laches (delay), if he

awaits the result of a suit by an-

other employee who was dis-

missed in similar circumstances."

The court cited a decision of the

Court of Claims in which the fol-

lowing language appears:

"We do not see how any good

purpose could have been served

from the standpoint of either the

Government or the three persons

affected by instituting three dif-

ferent suits and having the Gov-

ernment defend all three and the

plaintiffs put to the expense of

employing attorneys and possibly ~

paying court costs in all three

cases. It was natural that only

one should file suit since it was

apparent that whatever decision

was rendered in that suit would

apply to all three cases."

Tucker's suit was handled in

the East by the New York firm of

Dickstein, Shapiro and Friedman,

who had handled the Cole case.

Part-Time Janitor

Tucker's only employment dur-

,ing the past five years has been as

a part-time janitor, a job which

he held at the time of his suspen-

sion by the Army. Tucker will be

reinstated with back pay, less any

earnings during the period he was

ousted from his job.

Names Please

Back Your Beliefs! This is

the 1958 membership cam-

paign theme chosen by. Chair-

man Zora C. Gross and her

committee.

April 14-28 will be dates of

the sixth annual drive. Goals

are 0x00B0500 new members and

$3,000.

"Please send us names right

now!", Mrs. Gross is asking the

whole ACLU membership in a

special appeal mailed January

28. What she and her commit-

tee need is the names of as

many prospective members as

possible...names of persons

who share ACLU's general be-

liefs and aims.

In addition, Mrs. Gross is

contacting community leaders,

asking them to.serve as drive

chairmen for their areas.

Other board members on

this committee are Theodore

Baer, Los Altos; Mrs. Emily

Skolnick, San Mateo; and Fred

H, Smith, IV, San Francisco.

Mrs. Gross, a San Francisco

resident, and the committee

are -working with Rosemary

McQuarrie, new part-time staff

member.

Your prompt return of the

names questionnaire will give

volunteers and staff members

time to assemble geographical

files of all prospects and dis-

tribute them to area chairmen.

Names will first be checked

against ACLU's current mem-

bership files.

Area chairmen, to be an-

nounced later, will run commu-

nity drives throughout the

Bay Area, on the Monterey

Peninsula and in Sacramento,

Davis, Stockton, Santa Rosa,

Modesto, Santa Cruz, San Jose

and Fresno.

High Court

Voids L.A. Felon

Registration Law

The U. S. Supreme Court re-

cently knocked out a Los Angeles

ordinance requiring persons con-

victed of felonies (inside or out-

side the State) since January 1,

1921, to register. The court split,

5 to 4, with Mr. Justice Douglas

writing the prevailing opinion.

The ordinance made it unlaw-

ful for such a person to remain

in-Los Angeles for a period of

more than five days without reg-

istering; and it also required any

person having a residence outside

the city to register if he came

into the city on five occasions or

more in a 30-day period.

Virginia Lambert had been con-

victed in Los Angeles of the crime

of forgery, a felony, but had

failed te register. She was tried

and found guilty of failing to reg-

ister, fined $250 and placed on

probation for three years.

The court held that "Where a

person did not know of the duty

to register, and where there was

no proof of the probability of such

knowledge, he may not be con-

victed consistently with Due Proc-

ess. Were it otherwise, the evil

would be as great as it is when

the law is written in print too fine

to read, or in a language foreign

to the community."

Court Rules Nudist

Mags Not Obscene

The U.S. Supreme Court ruled

last month that the Post Office

Department had acted improper-

ly in 1954 in barring two nudist

magazines from the mails as ob-

scene.

No. opinion was written. The

court merely cited its decision

in the Roth case, handed down

last. June, in which it held that

material could not be regarded

as obscene unless it appeals to

the prurient interest.

Army Hearings

Chinese Youth

lub Target Of

Security Charges

Two young Chinese veterans, both corporals, who hold

honorable separations from the Army, were the subjects of

security proceedings in San Francisco last month. Both face

"Undesirable" discharges from the inactive reserve into which

every draftee is transferred after serving a two-year hitch

in the Army.

The charges in both cases are

the same: former membership in

the San Francisco Chinese Amer-

ican Democratic Youth League

and failure to disclose such mem- .|

bership on the Army's loyalty

form as well as its personal his-

tory form.

The Army claims that the

League (it insists in calling it

the League even though it became

the Chinese American Youth'Club

in 1954) "is an organization which

Mrs. McQuarrie.

Appointed to

ACLU Staff

Rosemary McQuarrie is ACLU's

new part-time membership direc-

tor. She was appointed January

13 to succeed Bonnie Bortin, who

resigned because of ill health.

Mrs. McQuarrie will help direct

ACLU's 1958 membership drive,

beginning April 14, and will han-

dle special events and help with

publication of the monthly

"News."

An Oakland resident, she at-

tended the University of Wiscon-

sin and has a background of news-

paper and public relations work.

She is the wife of Ernest B. Mc-

Quarrie, a biochemist employed

by Cutter Laboratories in Berke-

ley. Now part-time public infor-

mation director for the San Fran-

cisco Heart Association, she pre-

viously held a campaign-time as-

signment with United Crusade, (c)

Appeals Court

Frees 11 Smith

Act Defendants

The Smith Act convictions of

eleven Communists, seven in Ha-

waii and four in Seattle, were re-

versed and the defendants or-

dered freed by the U. S. Court of

Appeals in San Francisco last

month..

The court based its action on

the U. S. Supreme Court decision

in the Los Angeles Smith Act case

handed down last June, in which

5 of the 14 defendants were freed

by the court, while the remainder

were liberated on the Govern-

ment's motion to dismiss the in-

dictments.

The eleven had been convicted

in 1953 for conspiring to teach

and advocate the violent over-

throw of the government.

Circuit Judge Richard H. Cham-

bers remarked in his opinion that

the Supreme Court had left the

Smith Act, "as to any further

prosecution under it, a virtual

shambles." The other two judges

declared Judge Chambers' re-

mark "unnecessary to the deci-

sion," but otherwise concurred.

Democrats Urge

End of Red-Hunting

Committees

The Bay Area Legislative Con-

ference of the California Demo-

cratic Council unanimously adopt-

ed a resolution calling for the

abolition of the House Committee

on Un-American Activities, the

Internal Security Sub-committee

of the U. S. Senate, and California

Senate Fact - Finding Committee

on Un-American Activities.

The Conference also proposed

"the adoption of rules by all legis-

lative committees and administra-

tive agencies which wil] guaran-

tee the basic civil liberties of the

American people."

supports and serves the interests

`of the People's Republic of China

and the Union of Soviet Socialist

Republics in preference to the in-

terests of the United States."

On the other hand, the organi-

zation is not on the Attorney Gen-

eral's subversive list, so the AC-

LU, which represents both men,

asked the Army to advise it of the

basis for its conclusion. The Army

replied merely that "Its activities

in this regard are such that the

members would have knowledge

thereof and be motivated, influ-

enced or sympathetic to those ac-

tivities."

The Army's Proof

At the 342-day hearing in the

first case, the Army dug into its

secret file and came up with the

following information to support

its charges that the ely is sub-

versive:

1. In a raid on the chips head- |

quarters at 812 Stockton Street, -

conducted by the Immigration

Service on September 22, 1955, in

an alleged search for Chinese sea-

men who entered the country ille-

gally, the agents found two maga-

zines, Soviet Union and People's

China, among a large number of

magazines on a table. They didn't

know who the magazines belonged

to nor how they got there.

They also discovered a Chinese

songbook among a large number

on top of a piano, which reported-

-ly contained songs attacking Na-

tionalist China. Also, from a dis-

tance of about 22 feet, one of the

raiders saw a picture of Mao Tse-

tung on the cover of a magazine.

The witness didn't know whether

this was an issue of "Time Maga-

zine" which had displayed a pic-

ture of Mao on one of its` covers.

Incidentally, the alien seamen

were not discovered at the Club,

and the raiders required some 25

or 30 young men and women to

identify themselves. No one

could leave without identifying

himself. The Immigration Serv-

ice admitted it had no search war-

rant, but claimed it had been giv-

en permission to search the place,

but this was denied by the chair-

man of the Club.

Magazines Seized

2. Armand Gradwohl, Superin-

tendent of Classifications of the

Post Office in San Francisco, tes-

tified that the Post Office seized

22 lots of magazines from Hong

Kong addressed to the "Chinese

Youth League" at 812 Stockton

Street, and that the General Coun-

sel of the Post Office had ruled

that the magazines were non-

mailable. Consequently, they

were never delivered. Mr. Grad-

wohl did not know whether the

"League" had ordered or sub-

scribed to the magazines, or

whether they had come unsolicit-

ed. The "League" was never in-

formed of the seizure. The seized

magazines were the Week-End

News and the Literature and Art

Gazette.

News Bulletin

3. Copies of the Club's news

bulletin, written in Chinese, were

(Continued on Page 4)

In This Issue...

ACLU Urges Climate of

Freedom. 5. p.4

Army's Discharge Policy is

INegal and Unfair ...... p. 2

Challenge Validity of Sex

Registration Act ....... p.2

Nativity Play Protested as

Religious Teaching ...:.p.3

Prayers Banned at Pleasant

Hill Elementary School . .p. 3

AMERICAN CIVIL LIBERTIES UN ION NEWS

Published by the American Civil Liberties Union of Northern California,

503 Market Street, San Francisco 0x00A7, California, EXbrook 2-4692.

. Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG .. . Editor

Subscription Rates-One Dollar and Fifty Cents a Year

Fifteen Cents Per Copy :

Army's Discharge Policy

Is Illegal and Unfair

In the face of long and strong persuasion by the Depart-

ment of Justice, the Army has clung stubbornly to a position

that is indefensible on either legal or moral grounds and has

been severely penalizing soldiers for acts, opinions or associa-

tions over which it has no shred of jurisdiction.

Through testimony that shocked the U. S. Supreme Court,

it was disclosed this week that men who have served with -

honor and distinction and no suspicion of disloyalty have been

refused an honorable discharge-solely on grounds that be-

fore induction they assertedly had Communist connections

of some sort or other. One such soldier, for example, was

awarded a Silver Star for Service in Korea, was honorably

discharged after excellent service, and was subsequently given

an "undesirable" discharge from the Enlisted Reserve be-

cause, it was alleged, he had Communist associations in

1948-49.

Such procedure is patently hostile to justice and all stand-

ards of fair play. It is doubly repugnant to Americans who

cherish the constitutional freedoms of opinion and political

action and instinctively resent the hobbles that military serv-

ice fastens upon them.

In such cases as are here involved, punishment of the

severest kind is imposed not for dereliction of duty or breach

of military regulations. It is inflicted for some real or fancied

deviation from the philosophical or political line that some

intelligence officer equates with `"`security'-for an act per-

`formed or an opinion held by a civilian, under civil ground

rules, at a time when the civilian was entirely outside the

jurisdiction or purview of the Army and its "security" notions.

In an effort to soften the shock of a policy that can be

regarded only as outrageous, Army spokesmen argue that a

dishonorable discharge inflicts no legal injury, because a

soldier's discharge is a private matter. This is a rank misstate-

ment of fact. A dishonorable discharge stigmatizes a man for

life, and works against him in a score of economic, social and

legal ways that add up to the severest kind of punishment. If it

were otherwise, the military services would scarcely pay such

meticulous attention to the fine dividing lines that distinguish

the "honorable" and "undesirable" and "general" discharge

from the "dishonorable."

The Supreme Court has shown strong doubt over the

Army's legal position in this matter and has with cutting com-

ment received its plea of "no legal injury." The American

public should cry out against the injustice, the contemptuous

disregard for fairness, that are inherent in the procedure.

Army brasshats responsible for the policy and its contin-

ued use against the best legal advice must at once abandon

their stand. If they do not, their Commander in Chief can

scarcely avoid taking official notice and action to correct a

sorry error.-San Francisco Chronicle, January 24, 1958.

Challenge Validity of

Sex Registration Act ,

The ACLU of Northern `Calif-

ornia, in an amicus curiae brief

filed with the State District Court

of Appeal, has urged that section

290 of the Penal Code, which

requires selected sex offenders

`to register with the chief of

police, or sheriff, of the commu-nity in which they reside, should

be declared unconstitutional.

The ACLU argues that registra-

tion (during the rest of one's

. life), requiring fingerprinting.

photographing and various addi-

tional data, plus notification of

each change of address, violates

the Equal Protection, Due Process

and Privileges and Immunities

clauses of the Fourteenth Amend-

ment for the following reasons:

Equal Protection

The obvious purpose of the law

is to assist the police in appre-

hending sex offenders, the theory

being that they are recidivistic

and therefore more likely to

commit sex offenses than those

who have never been so convict-

ed. However, the available statis-

tics indicate that of all crime

categories, only one, homicide.

has less recidivism than the sex

offense category.

In California, only 14.3 percent

of all male sex offenders (not

commercially motivated, such as

panderers) have a record of one

prior prison sentence, and just

6.8 percent havea record of two

or more prison sentences. The

obvious implication is that most

individuals who are required to

register are not the "repeaters"

at whom the law is directed. -

ACLU NEWS

February, 1958

Page 2

Consequently, the Equal Pro-

tection Clause, which demands

that persons similarly situated be

equally treated is violated in the

same way that the Japanese

Evacuation cases violated the

`doctrine of equal protection: the

theory there was that persons of

Japanese ancestry were potential

saboteours, but obviously, even

if this could have been the case

as to some, it did not apply to all.

Nevertheless, all Japanese were

"evacuated" and loyal persons

were treated "equally" with dis-

loyal ones-like Herod ordering

the death of all male children

born on a certain day because one

would some day unseat him. This

was an obvious violation of the

constitutional guarantee of the'

equal protection of equal laws.

Abductors Treated Differently

The sex offender registration

act violates equal protection in

another sense in which the Jap-

anese Evacuation cases did: per-

sons of German and Italian an-

cestry were not "evacuated" al-

though we were at war with Ger-

many and Italy as well as with

Japan. Thus, persons who were

similarly situated were not

treated equally. The same vice is

present in the registration law

since, for example, one who

abducts a woman against her will,

by force or duress, and compels

her to marry another, or to be

defiled, need not register, but one

who abducts a female under 19,

even with her consent, but

without parental consent, for

purposes of prostitution, must

register.

No individual required to reg-

(Continued on Page 4)

Letters to the Editor...

Ross Case

Editor:

I hope we are with Mrs.

Diamond on this matter before

the Ross Board of Education.

This does amount to "Bible

reading" .. . and more powerful

as it is dramatized. ;

It is about time we tested this

weak "Well, after all it's only

for Christmas" attitude. Christ-

mas or no Christmas, there is

such a thing as separation of

Church and State.

If all the faiths can not be

presented, then none should be.

It is obvious that none should!

With you all the way on the

Post Office strike, school prayers,

and other issues. .. .F.G.M.

Christmas Observance

Board of Directors:-

As a member of the ACLU for

many years, I wish to express my

viewpoint in opposition to that

taken by the Union board and

staff in the matter of Nativity

Plays in our sehools.

In my opinion, this is not a civil

liberties issue, nor do I see that

the issue of separation of church

and state is involved. Minority

objection by itself does not con-

stitute a civil liberties issue.

Therefore I see no reason why

ACLU should be deploying any

of its staff time or energy in this

campaign to drive Christmas

plays off the stages of our

schools.

Question Of Manners

Rather than a question of law

or civil liberties, we have one of

manners, in my opinion.

Our culture is predominantly

Christian. The very fact that we.

have Christmas vacation is one

bit of evidence. Almost all Chris-

tian denominations can agree

-upon the presentation of a Nativ-

ity Play. using quotations from

`the Bible and singing well-loved

carols. This is part of our culture

and ought to be expected to have

public, community-wide expres-

sion given to it. To suppress such

expression, it seems to me, would

be more of a civil liberties issue

than the present one which

absorbs the attention of our staff.

Suffer In Silence

It would be tragic if commu-

nities, happy in the enjoyment of

their right to give community-

wide expressions to their reli-

gious feelings (from which I be-

lieve civil liberties spring), were

made to feel that they could

protect their cultural unity only

by keeping out those who did not

share their faith. This kind of

development is being encouraged

by people who say "because I do

not agree, everyone else must

conform." They might better

suffer in gracious silence though

I cannot see why they must feel

embarrassment so overwhelming

that they feel they must bring

the force of law to prevent others

from group expression.

Does ACLU campaign to have

the Bible taken away from Presi-

dential oaths lest the non-believer

be offended? Or to have the

prayers uttered by chaplains in

the houses of Congress abolished?

Or the references to God and

Creator in the Declaration of

Independence erased because

atheists may not want their chil-

dren learning it?

The first amendment to the

Constitution guarantees the free

exercise of religion as much as it

says there shall be no law re-

specting the establishment of

religion.

Christians Taxpayers Too

If non-Christians object to

schools being used for Christmas

pageants and plays because they

are publicly supported by taxes

and taxpayers, they ought to be

reminded that Christians are

among the taxpayers, too, and

should have as much right to say

what goes on in the schools as

non-Christians. oe

I urge the board to reconsider

their stand on this question-

Emil Sekerak. -

Another Point of View -

(Following is a copy of a letter

sent to Supt. James Dent of the

Mt. Diablo School District by the

mother of a student.)

As a member of the Pleasant

Hill School P.T.A., I attended the

meeting held on December 5,

1957. After thoughtful considera-

tion of the program presented,

"The Christmas Story," I feel

compelled to express my opinion

-as a parent, a citizen and an

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The performance was handled

with excellence. Obviously, great

care and preparation were in-

volved. The music, costumes,

readings, lighting, etc. were well

done. The children were appeal-

ing and poised. If this program

had been presented in any Chris-

tian church, my comments would

contain nothing but praise. This

program, however, was presented

in a public school, under the

auspices of a public school and a

non-sectarian organization. To

make matters worse, it was also

presented during school hours to

the student body. To say that I

am shocked is a gross under-

statement!

Religious Worship Service

My child, who is a second

grade pupil, attended the per-

formance during the school day,

but, even if she had not been

exposed to it, I would still be

forced to register a complaint and

request that those in charge of

our school consider the enormity

of their actions and the infringe-

ment they made upon the right of

the public to religious freedom.

This program was an orthodox

Christian religious worship serv-

ice, and the time spent by the

sixth grade children in preparing

for the program was none other

than classes in religious educa-

tion.

On June 10, 1955, the Attorney

General of California handed

down an opinion to the effect

that the saying of prayers and

the reading of the Bible in public

schools would be _ unconstitu-

tional. "It is one of the fun-

damentals of American govern-

ment that the home and church

have total responsibility for the

religious training of each child; (c)

the state may not constitutionally

intrude upon that responsibility."

I am sure you are familiar with

the first amendment to the Con-

stitution of the United States.

Although possibly a majority of

the citizens in our country and

community profess belief in

orthodox Christianity, it is not a

state religion. Why, then, did an

institution which is under the

control of the state present a

program which violated the law

of the land? :

New Testament Orthodoxy

When our school authorized

and sponsored this partisan reli-

gious program and presented it

to the general student body, the

children could not help but infer

that their school approved of the

New Testament orthodoxy. The

confusion in the minds of chil-

dren whose parents are training

them in other religious concepts

can only be guessed. The main .

point I want to make, however, is

that even if the whole school-

children, parents and teachers-

belonged in the ranks of orthodox

Christianity, it was still wrong to

have such a performance since it

violated individual liberties-the

liberty of the Christian as well as

others. How can the school teach

the children the sections of the

Constitution concerning individ-

ual liberties, when, by example,

it infringes upon these liberties?

I assume that the children who

are not orthodox Christians were

excused from participating or at-

tending. (However, I received no

`permission slip' to express my

approval or disapproval before

my child attended.) There are

those, I know, who feel that this

was sufficient acknowledgment of

a difference in religious view-

point. I disagree. If a school

sponsors functions which exclude

pupils on a religious basis, it is

practicing discrimination. The

child is set apart from his class-

mates and can be greatly harmed.

Not to be ignored are the class-

mates who are in the majority.

They are also harmed because

they receive authorization to dis-

criminate on religious grounds.

Other Religious Observances

In order to offset a one-sided

religious viewpoint, there may be

those who suggest that programs

be devised which have as their

themes other religions-such as

a Chanukah program by the Jew-

ish students. Stretch the point to

an extreme and.imagine the up-

roar that would occur when the

children of atheists had their

turn to present a program! I am

sure you will agree that courses

in comparative religion belong in

advanced, not elementary, schools

-and only on an elective basis.

Some may offer as an excuse

the fact that prayers are said in

the Congress of the United States

-forgetting, entirely, that Con-

- gress has the right to make rules

that are applicable to itself but

cannot legally advocate any reli-

gious observances for the people.

Saying of Grace

The same reasons that I have

given in objecting to the Christ-

mas program are applicable to

another situation that occurs in

our school: the saying of prayers

of "grace" before meals. The

teaching of a prayer belongs in

the category of religious teaching

-no matter how non-denemina-

tional the prayer may appear to

be. When a teacher in a public

school teaches a child to say the

words "thank you, God," she is

usurping the right of the parent

to control the religious education

of his child. I voiced my objection

to my child's kindergarten

teacher and her solution was to

excuse my child from the recita-

tion. This, of course, set my child

apart from her classmates and

was discriminatory. Now, I find

that in her second grade class,

my child is again saying "grace."

Please understand that I am not

attempting to complain against

any particular teacher. My ar-

gument concerns the school

`policy. I am, in fact, extremely

pleased with the work my child's

teacher is doing, and feel for-

tunate that my child is in such

competent hands. -

It may be that my objection to

the teaching of religion in a

public school will be the only

one received. My husband, of

course, is in agreement with me.

I have discussed the problem of

religious teaching' with friends

who are of various backgrounds: ~

liberal religions, the Jewish faith,

atheists, agnostics and orthodox

Christians. Some of the Christians

do not understand my viewpoint.

Since religion has emotional over- -

tones, it is difficult for them to |

fully grasp the significance of a

religious performance in a public

school. The children in the pag-

- eant were so very appealing as

they performed a rite that is gen-

erally accepted as the `Word of

- God." The children in the class-

rooms are the traditional picture

of innocence as they clasp their

hands, close their eyes and "say

grace."

Fear of Reprisals

Some of the people with whom

I have spoken agree with me but

hesitate to express their objec-

tions because they fear their chil-

dren will suffer reprisals-pre-

sumably by other children who

overhear their orthodox parents

who approve of religion in the

schools. In rare cases, the fear is

that the school personnel will

discriminate against their chil-

dren. Personally, I feel that the

latter excuse is rather far-fetched

since I have more faith in the

maturity of our teachers and ad-

ministrators. My viewpoint is that

if I do not defend the principles

I profess, I will certainly cause

harm to my children.

I hope you will recognize that

the situation under consideration

is one of principle and law. The

number of dissenting voices is un-

important. May I refer to John

(Continued on Page 3)

`Establishment of Religion'

The "establishment of religion" clause of the First Amendment means at least this:

Neither a state nor the Federal Government can set up a church. Neither can pass laws

which aid one religion, aid all religions or prefer one religion over another. Neither can

force nor influence a person to go to or to remain away from church against his will or -

force him to profess a belief or disbelief in any religion. No person can be punished for

entertaining or professing religious beliefs or disbeliefs, for church attendance or non-

attendance. No tax in any amount, large or small, can be levied to support any religious

activities or institution, whatever they may be called, or whatever form they may adopt to

teach or practice religion. Neither a state nor the Federal Government can, openly or

secretly, participate in the affairs of any religious organizations or groups and vice versa.

In the words of Jefferson, the clause against establishment of religion by law was in-

tended to erect "a wall of separation between Church and State."-From the prevailing

opinion by Justice Black in Everson v. Board of Education, 330 U.S. 1 (1947).

Court Holds N.Y.

Schools Open

To All Groups

In a decision expected to have

far-reaching effects, the Appel-

late Division has held that the

Yonkers Committee for Peace

should be permitted to hold a

meeting in a public school build-

ing. The court's ruling will aid

organizations in New York State

who wish to use public school

facilities.

The case, which dates back to

1952, was brought to the courts

by the New York Civil Liberties

`Union, through its counsel, Eman-

uel Redfield. :

Justice Sydney F. Foster, in

the 4 to 1 decision, which re-

versed an earlier ruling of the

State Supreme Court, held that

"it was plain common sense" that

if school authorities opened the

schools to the public they must

treat all similar organizations

alike, unless there was "fair

proof" of disorder and damage

possibly resulting.

In his opinion, Justice Foster

held that the Yonkers Board of

Education had rejected the Yonk-

ers Committee's request for use

of a school because James HE.

Ellis, the Committee president,

had placed advertisements in

-Communistic periodicals pertain-

ing to his linoleum business. The

school board, he said, is "not a

censor" and its duty "as far as

school buildings are concerned is

merely to regulate and protect

them."

`In a dissenting opinion, Justice

Francis Bergan wrote that school

boards are "entitled to impose

limitations of their use for non-

educational purposes."

Commenting on the decision,

NYCLU executive director

George E. Rundquist stated that

it "will serve as a precedent in

cases where a board of education

arbitrarily denies a permit to a

group because it does not agree

with their ideas, and will not

longer be able to discriminate

against groups merely because

they are unpopular in the commu-

nity."

N.Y. Security

Dismissals

Reversed

Last month, a New York trial

judge handed down rulings set-

ting aside the security dismissals

of two New York City employees

because neither one occupied a

sensitive position.

Involved in the cases were Mel-

vin H. Wyatt, a city housing guard,

and Miriam Reif, a stenographer

at Bellevue Hospital. Both ad-

mitted having belonged to the

Communist Party. Both said they

quit when they became disen-

chanted by the party. :

Their dismissals had been justi-

fied on the ground that they were

"of doubtful trust and reliability"

within the meaning of the New

York Security Risk Law.

In neither case, Justice Francis

X. Conlon declared, were the em-

ployees in positions where they

could "do acts detrimental to de-

fense and security or obtain con-

fidential security or defense in-

formation."

The New York Civil Liberties

Union supported the case of Mel-

vin H, Wyatt.

ACLU NEWS

February, 1958

Page 3

High Court Rules

in Key Wire

Tapping Case

Two recent U.S. Supreme Court

decisions on Wire tapping are ex-

pected to have far-reaching ef-

fects on current and future cases.

In an unanimous ruling hailed

by the American Civil Liberties

Union, the high tribunal held that

New York State law enforcement

officers violated Federal law by

tapping a telephone, even though

the action was authorized by

state law, and such wire tap evi-

dence was not admissible in the

federal courts. It said there could

be no exceptions to the plain lan-

guage of Section 605 of the Fed-

eral Communication Act of 1934,

which states:

"No person not being author-

ized by the sender shall intercept

any communication and divulge

or publish the existence, contents,

substance, purport,

meaning of such intercepted com-

munication."

"Second Ruling

In a second ruling, delivered

the same day, the Supreme Court

asserted that a policeman listen-

ing to a conversation on an ex-

tension telephone-at the request

of the person called-did not in-

tercept within the meaning of the

Federal law. Dissenters in the

7-2. decision held that the only ex-

ception, as stated in the Commu-

nication Act, was an interception

"authorized by the sender."

In long range, the decision

could deter the practice of tap-

ping wires for evidence to use in

state courts, for it declared that

such action by state officials vio-

lates the Federal statute, even

though the action may be sanc-

tioned by state law.

Express and Absolute Prohibition

"Section 605 contains an ex-

press, absolute prohibition against

the divulgence of wire tapping,"

said the unanimous decision.

"Had Congress intended to allow

the states to make exception to

Section 605, it would have said

so... We find that Congress, set-

ting out a prohibition in plain

terms, did not mean to allow state

legislation which would contra-

dict that section and that policy."

Previously, the Supreme Court

had held that state courts could

adopt their own regulations gov-

erning admission of evidence ob-

tained illegally.

' The case in which the high

court ruled concerned Salvatore

Benanti, who was convicted for

possessing untaxed alcohol. The

New York police had found Ben-

anti and the untaxed liquor after

overhearing him fix a meeting

place in a telephone conversation;

the arrest and federal prosecu-

tion followed. Under New York

State law, police are allowed to

tap wires if authorized by a court

order.

6

3 in 100

Joseph Lyford, a represent-

ative of The Fund for the

Republic, went into the streets

of Lincoln, Neb., one day to

ask 100 passers-by whether

they knew about the Bill of

Rights and could identify even

one of its provisions.

First, Lyford explained to

each person that the bill con-

sisted of the first ten amend-

ments to the Constitution.

Then he offered to pay one

dollar to each person who

could tell him just one of its

several provisions. Lyford had

to pay out only three dollars.

effect or

LETTERS to

the Editor...

(Continued from Page 2)

Stuart Mill in his essay,

Liberty," in which he wrote:

State Powers Over Individual |

"Apart from the peculiar tenets

of individual thinkers, there is

also in the world at large an in-

creasing inclination to stretch

unduly the powers of society over

the individual, both by the force

of opinion and even by that of

legislation; and as the tendency

of all the changes taking place in

the world is to strengthen society,

and diminish the power of the

individual, this encroachment is

not one of the evils which tend

spontaneously to disappear; but,

on the contrary, to grow more

and more formidable. The dispo-

sition of mankind, whether as

rulers or fellow-citizens, to im-

pose their own opinions and in-

clinations as a rule of conduct on

others,: is so energetically sup-

ported by some of the best and

by some of the worst feelings -

incident to human nature, that

it is hardly ever kept under

restraint by anything but want

of power; and as the power is not

declining, but growing, unless a

strong barrier of moral convic-

tion can be raised against the

mischief, we must expect, in the

present circumstances of the

world, to see it increase."

If any part of this letter is not

clear, I would be happy to discuss

it with you. I hope you will advise

me of the action you take. A copy

of this letter is being sent to Mr.

Charles Murdoch.-_J. A. S.

Appeals Court

Rules Red Probe

Is Legal

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

Court of Appeals in Washington,

D.C., upheld the mandate given

the House Committee on Un-

American Activities. The issue

`arose in the case of Lloyd Baren-

blatt, a teacher, whose contempt

of Congress conviction was there-

by upheld.

The majority held that although

the Supreme Court in its Watkins

decision last June had criticized

the House resolution establishing

the committee, the court did not

rule it invalid. "We believe that

if the court had intended to strike

down the resolution, it would

have said so in so many words,"

wrote Judge Walter M. Bastian.

Chief Judge Henry W. Edger-

ton said in his dissenting opinion

that he believed the Watkins

decision meant that the commit-

tee "had no authority to compel

testimony because it has no

definite assignment from Con-

gress."

Goncus Won't

Ask About

Your Religion

The Census Bureau has decided

against asking the question, "What

is your religion?" in the 1960 cen-

sus.

Census Director Robert W. Bur-

gess is quoted as saying that the

decision was based on "recogni-

tion that at this time a consider-

able number of persons would be

reluctant to answer such a ques-

tion in the census where a reply

is mandatory."

A bureau spokesman said there

was considerable opposition to

the question as a threat to reli-.

gious freedom. The ACLU was

among the protestants. _

"On-

Prayers Banned

At Pleasant Hill

Elementary Sch. |

Acting on the basis of an opinion from its legal advisor, the

Board of Education of the Mt. Diablo Unified School District

last month voted to eliminate a prayer that was being recited

in some of the primary grades at the Pleasant Hill School, and

to study the matter of revising the Christmas Story which was

presented by the school's three

Sixth Grade classes before a

school assembly and on another

occasion before the P-TA.

The issues were presented to

Superintendent James W. Dent by

a parent and the American Civil

Liberties: Union.

Attorney General's Ruling

On June 10, 1955, the Attorney

General of California handed

down a ruling that "Religious

prayers may not be made a part

of the curriculum of the public

schools. ... It hardly seems open

to debate that a public school

teacher may not be required to

recite a daily prayer, for no one

may be compelled to perform a

religious ceremony as a condition

of his employment by the state.

... It is true that the majority of

our people are Christians or Jews,

so that simple prayers to a Su-

preme Being would not be incom-

patible with the views of most

students in the public schools.

Nevertheless, even atheists and

agnostics are protected in their

beliefs by the Constitution....

In the last analysis, it is one of

the fundamentals of American

government that the home and

the church have total responsibil-

ity for the religious training of

each child; the state may not con-

stitutionally intrude upon that re-

sponsibility." :

Scripture Readings

The Christmas Story included

not only the traditional carols,

but fairly extensive readings from -

the Bible, especially the New Tes-

tament. Only four verses were

read from the Old Testament (Mi- -

cah and Isaiah), while the Christ-

mas story itself was told by scrip-

ture readings from the books of

Luke and Matthew in the New

Testament.

Because of the manner of pre-

sentation, it seemed to the ACLU

_ that the program was one of re-

ligious teaching and indoctrina-

tion rather than a secular presen-

tation of the Christmas story. The

place for a religious presentation

of the Christmas Story is in the

Church and the home, not in our

schools, which are secular insti-

tutions. Separation of Church and

State is aimed not alone at the

establishment of a Church, but, as

the First Amendment provides,

against the "establishment of re-

ligion." :

Recognition Permissible

This does not mean, of course,

that the Bible may not be used as

a reference book in suitable class-

es, or that there may not be ref-

erences of a religious nature in

studying poetry or history, or that

the Christmas season need be ig-

nored. But it does mean that the

Story of Christmas -cannot be a

religious presentation, but simply

a statement of why Christians,

one religious element in the com-

munity, celebrate the particular

religious holiday.

Nativity Play Protested

As Religious Teaching -

The protest of a parent against

a Nativity play presented by pu-

pils of the Ross Grammar School

has been referred to California

Attorney General Edmund G.

Brown for an opinion by the

local board of education.

The protest came from Ann Dia-

mond, a San Rafael attorney and

wife of San Francisco psychia-

trist, Dr. Bernard Diamond. The

family resides in Ross.

The Play

Titled The Christmas Story,

the play combines carols and

statements from the New Testa-

`ment. The first scene is called

the "Shepherds and Angel scene,"

` the second is called the "Manger

Scene," while the last is called

the "Manger Scene With Kings."

Quotations such as the following

appear in the text: "And so they

eame, the rich, the poor, the

young, the old, to seek the Babe

lying in a Manger-the New Born

_ King of Bethlehem, Jesus Christ,

our Lord." "And now it came `to

pass that Three Wise Men, a

King of the East, a King of the

South and a King of the North,

saw the Star moving through the

heavens. They followed it until

it came at last to the lowly man-

ger where lay the Holy Babe and

with Him was Mary, His mother.

When they all saw this, they re-

joiced with exceeding great joy

and fell down upon their knees in

worship. They offered unto Jesus

rich gifts of gold, frankincense,

and myrrh."

- "T was shocked," Mrs. Diamond

is quoted as saying, "when I saw

that Christmas play presented last -

month by the pupils for the par-

ents.

- Religious Teaching

"The religion it reflected was

not the religion of my children.

'

It confused them, and they

brought their confusion into our

home. It was an experience out-

side their faith."

"The telling of Bible stories as

literature and the viewing of

great religious paintings as art

in our schools are not offensive,"

she declared. "But the Christmas.

Story and its implications should.

be told in church schools."

Mrs. Jean Peters of Ross also

expressed opposition to the pro- (c)

gram. "To me," said she, "Dick-

`ens' `Christmas Carol' is a better

story to be presented in the pub-

lic schools than the Bible tale as

there is no special religion in it."

Mrs. Peters said that while she

was not an atheist or agnostic, she

felt that these people had a right

in our schools without being sub-

jected to religious teaching.

Other Protests

Supt. Stephen L. Parodi said

several people had commended,

the play, but that he had also re-

ceived a number of protests.

The San Rafael "Independent

Journal" agreed that "Religious

teaching is banned by law from

the public schools. But does this

mean," it asked, "that every his-

torical event which touches re-

ligion is also verboten?" It con-

cluded by saying that "to com-

pletely ignore the historic facts

of religion is to do an improper

job of educating our children."

Instead of disagreeing with the

"Independent Journal" the prot-

estants agreed, but pointed out

that the newspaper had not gotten

its facts straight. To the minds

of the protestants, in this particu-

lar case, there was a teaching of

religion in the schools.

The matter is scheduled to

come before the ACLU board on

February 6.

ANNUAL REPORT

ACLU Urges

Climate Of

Freedom

The United States urgently needs a security system that

will not hamper technological progress in this age of guided

missiles and earth satellites, the American Civil Liberties

Union declared last month. The government can retain the

full services of scientists, technicians, engineers and admin-

istrative executives for more

rapid invention and development

work only if it permits them to

operate in a climate of freedom,

the Union warned.

In its 1957 annual report re-

viewing civil liberties gains and

losses in the areas of free ex-

pression and association, equality

before the law and due process,

the ACLU linked maintenance of

civil liberties to ways of insuring

that America will remain dom-

inant in scientific fields.

"Our national defense," asserted

executive director Patrick

Murphy Malin in an introduction

to the report, "demands that a

host of the most competent cit-

izens the country possesses

should be enlisted for the dura-

tion, in all parts and at all levels

of our government; and they

can't be got and kept if they feel

they are being scrutinized _as

potential traitors." A companion

need, he reminded, is for the

United States to maintain a single

standard , for ' civil liberties-at

home and abroad-in order to

advance the cause of democracy

the world over.

The Union recognized that in-

ternational peace and freedom,

as well as America's security, are

in "much greater danger' now

than twelve months ago, and that

as a result civil liberties may be

"wnder intensified pressure, in

the name of national security."

At the same time, it found sev-

eral reasons for sober optimism.

about the prospects for preserv-

ing civil liberties: (a) "Public

opinion as a whole seems to have

matured considerably in its un-

derstanding of which measures

do-and which do not- really

serve national security; (b) "The

studied seriousness" of important

U. S. Supreme Court decisions

this year bearing on the relation-

ship of security and individual

freedoms, and of the report by

the Administration-a p pointed

Commission on Government Se-

curity, "is in sharp contrast to

- the hysteria and near-terror of

only a few years ago;" (c) The

Administration, the report contin-

ued, now is relaxing some of its

security rules as applied to

scientists; appears ready to have

the McMahon Act amended to

permit wider exchange of sci-

entific information with our

allies; and is-allowing release of

more information about missile

developments.

Another help, Malin com-

mented, is that "members and

sympathizers of the Communist

Party in this country are now a

tiny and puny crew." This not

soncncensenmen

eS

The first right of a citizen

Is the right .

only simplifies the police job of

maintaining internal security, he

said, but also tends to ease

pressures against civil liberties.

"It is not the professionals-

for example, the FBI and the

courts-who have been most

guilty of excesses," Malin

asserted, "but the galloping

amateurs-in the legislatures, the

executive agencies and the public

at large. Happily for Civil lib-

erties, some of those amateurs

are growing in wisdom; and the

rest are now under stern warn-

ing from the Supreme Court, or

can't find headline-yielding things

to do. ;

"The House Committee on Un-

American Activities ought never

to have come into existence, and

ought to be abolished; but, even

if it persists in some form or

other, the center of gravity has

at least temporarily shifted-for

those of us with a concern that

national security shall be pre-

served, without violating civil lib-

erties." ;

The Union report said that

while the 1957 Civil Rights Act

is "a considerable step forward

. . . In actual realization of the

Fifteenth Amendment," most

progress in `this field will

continue to come through chan-

nels other than federal legisla-

`tion-"non-governmental efforts

of many kinds, official state and

local experiments, and federal

executive and judicial action."

The use of federal troops in the

Little Rock school integration

conflict, the Union said, was

necessary `"`to prevent mob action

-uncontrollable, uncontrolled, or

even stimulated by (state and

`local officials) from interfering

with the long-planned observance

by school authorities of a court

order." But the Union recognized

that the show of federal force

"will for years to come work

terrible harm in the South,

chiefly by hardening lines against

the `moderates,' those who are op-

posed to integration but acknowl-

edge its inevitability and want it

to come by law and order."

School Board Approves

Diego Rivera Mural

On January 9, the Board of Ed-

ucation of the San Francisco Uni-

fied School District reapproved

its decision to permit installation

of a Diego Rivera mural in a the-

atre lobby at City College. The

vote was 5 to 2. Opposition to the

mural was grounded on the ar-

tist's Communist politics.

DAY

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503 Market Street

San Francisco, 5

Marin Chapter

Hears Dr. John

Henry Merryman

If a book or writing has the

slightest redeeming social impor-

tance, it is protected by the First

Amendment and is not obscene;

if it is without the slightest social

importance, it is unprotected and

is obscene. This was the key

statement paraphrased by Dr.

John Henry Merryman, at the

annual meeting of the Marin

Chapter ACLU the evening of

January 16 in San Rafael, from

the new doctrine advanced in the

majority opinion in the Roth case

written by Supreme Court Justice .

William L. Brennan, Jr.

Questions Raised

Dr. Merryman, chairman of the

ACLU of Northern California,

then asked questions raised by

the dissent of Harlan, Douglas

and Black. What should be said

about "obscenity's being without

social importance?" Is sex less

important than politics or eco-

nomics? (Incidentally though

talking about obscenity, Dr. Mer-

ryman did not use the word sex

until two thirds of the way thru

his talk, a remarkable feat!) Did

the framers of the Constitution

intend to keep this kind of deci-

sion out of the government's

hands? Did they intend to have

the government concerned with

conduct rather than with utter-

ance? If we should assume that

obscenity is a _ serious

problem, should law seek to

control it, or should we rely for

control on home, school and

church? Is the record of censors

on the whole bad? Douglas said it

was "irrational and indiscrim-

inate," and that obscenity has no

fixed legal meaning. Does ob-

scenity in some cases have

positive values? Do _ published

obscene writings lead to crimes

of violence, or sometimes provide

release avoiding violence?

Delinquents Don't Read

In talking of delinquency and

obscene writings, Dr. Merryman

pointed to a recent 10-year study

of delinquents, which omitted

"reading" as a cause because it

had been found that delinquents

do not read. He also referred to

the famous quote from Mayor

Walker, "No woman was ever

seduced by-a book."

In conclusion, Prof. Merryman

said, "We have two types, book-

fearing v. authority-fearing. It

boils down to confidence in

people to select the truth and

reject the false."

A lively period of questions

and refreshments followed Dr.

Merryman's talk. Preceeding it

was a brilliant, succinct and

necessarily hurried review of

eight of the thirteen court cases

ACLU staff counsel Albert M.

Bendich is currently handling in

various courts; and a note of

thanks from 1957 Marin Chair-

man Milen Dempster to the

founders of the Marin Chapter

and the active members of the

1957 Marin Board for the work

they have done in pioneering the

way for more chapters in the

future. :

Board Elected

Also at the meeting the twenty

nominees for the 1958 Marin

Board presented by the nominat-

ing committee were elected.

These twenty were: Jim Chesnut,

Anne Coolidge, Milen Dempster,

Abe Goodman, Robert Greens-

felder, Elaine Gutstadt, Betty

Hemingway, Jay Hutchinson, Ray-

mond Johnson, Gabriel Lehrer,

Sali Lieberman, Meryle Malches-

ki, Maxine Mallouf, Gordon

Robinson, Annette Philpott, Jerry

Rubin, Dr. Tom Stone, Alan Swa-

backer, Daniel Yanow and Rosa-

lind Ray Watkin. Nominations

were opened for members at the

meeting, but no additional nom-

inations were made. :

Eighty members and friends

attended the meeting, which was

held in the Jewish Community

Center in San Rafael.

ACLU NEWS

February, 1958

Page 4

social,

Youth Club Target

Of Security Charges

(Continued. from Page 1)

introduced into evidence. At

first, counsel for the Government

sought, to introduce the docu-

ments without providing a trans-

lation. Finally, translators were.

brought from the Army Language

School at Monterey and about 5

or 6 articles were translated.

What was lacking, however, was

a witness to point out what was

"subversive" about the articles.

By and large, the articles seemed

quite harmless.

William R. Moore, who headed

the raid on the Club's headquar-

ters, admitted he had made a re-

port of the incident to his supe-

riors at the time, but he declined

to bring in the report on the

ground that it was "classified."

The ACLU contended that it was

entitled to cross-examine Moore

on the basis of his report to his

superiors. A motion to strike

Moore's testimony. was denied.

Club's Chairman Testifies

During the hearing, the ACLU

introduced the testimony of the

Chairman of the Club's board, in-

troduced at a similar hearing. In

that hearing, the witness testified

that he had been Chairman for

six or seven years; that it had

been renamed the Youth Club in

1954; that its members were main-

ly teen-agers; its purpose "to en-

courage people to have whole-

some recreation and social activi-

ties," and that its financing came

from 50-cents-a-month dues, plus

an annual fund drive that netted

$1000 from merchants.

The witness denied that the

group was subversives, or that it

Sex Registration

Act Challenged |

(Continued from Page 2)

ister may be heard in his defense

in order to show that he is not a

recidivist - he must register.

merely because he once com-

mitted a sex offense, and he must

do so for the rest of his life,

whether rehabilitated or not. This

is a violation of procedural due

process. It is also so arbitrary as

to have no reasonable connection

with the law's purpose, and it

therefore violates substantive due

process.'

Privileges and Immunities

Of course, the real consequence

of this law is that sex offenders

are harrassed by the police: they

are detained in round-ups without

probable cause, their photographs

are indiscriminately shown for

"identification" purposes and

they are subject to indiscriminate

police surveillance and question-

ing, hardly the hallmark of a

democracy. And because of such

obstacles, psychological as well

as physical, which directly mil-

itate against rehabilitation, per-

sons may be deterred from com;

ing to California. Such interfer-

ence with the right to travel,

prevents a person, merely be-

cause he has made a mistake,

and paid for it, from seeking new

horizons where a new life can be

started. Thus the Privileges and

Immunities Clause as well as the

liberty guarantee of the Due

Process Clause is violated.

-A.M.B.

in any way supported and served

the interests of the People's Re-

public of China and of the Soviet

Union. He admitted that they

had had some problems about ar-

ticles which were published in

' their paper that had some politi-

cal flavor, but he contended that

that problem had been solved. No

individual, he insisted, could

speak for the Club without being

authorized to do so.

No Decision

The testimony in the case has

`not yet been transcribed, so it

may be months before a decision

is received. The board that heard

the case makes merely a recom-

mendation to the Pentagon.

In the meantime, the hearing

in the second case started on Jan-

uary 22. After all-day hearings,

the matter was continued until

March 3, 4 and 5.

The ACLU has thus far inter-

vened in four cases in which the

Army has charged Chinese with

membership in the Chinese

American Youth Club. In one

case, decided a year ago, the man

received an Honorable Discharge,

but the fine print stated, in ef-

fect, that it was for security rea-

sons.

Appeal Pending

In another case, an appeal is

pending before the Army Dis-

charge Review Board. The case

involves a Chinese drafted in

March, 1953. On January 18, 1954,

he received security charges

which he was permitted to an-.

swer in writing. No hearing was

allowed. Twenty-four days after

submitting his written answer to

the allegations, which included

past membership in the Club, he

received an "Undesirable" dis-

charge. Someone finally sent him

around to the ACLU and an ap-

peal in his behalf was filed on

May 20, 1957. A decision is still

being awaited.

Two Test Suits

In the meantime, the U. S. Su-

preme Court on January 15 heard

arguments in two cases testing

the constitutionality of the Army's

security program for inductees.

Ponald B. MacGuines, Justice De-

partment attorney, contended that

"The Army is entitled to dismiss

any man as a security risk. But

We do not argue that there is au-

' thority to base that finding on

preinduction activities."

"You say this is beyond the

legal authority of the Secretary

of the Army," said Justice Felix

Frankfurter. "Why, then, hasn't

the Department of Justice so in-

formed the Department of the

Army?"

"It has," MacGuines replied.

Army Won't Budge

According to press reports, the

Justice Department tried for

months to persuade the Army to:

admit its legal error and give

honorable discharges in all past

cases at issue, but the Army re-

fused to budge. Consequently, the

Solicitor General presented the

pending cases to the Supreme

Court without defending the legal-

ity of the Army policy. It argued

only that (1) the courts cannot

review discharges, and (2) no

legal injury has been done the

men involved anyway. (c)

Philip Adams

Theodore Baer

Prof. James R. Caldwell

William K. Coblentz

Rabbi Alvin |. Fine

John M. Fowle

Laurent B. Frantz

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

Alice G. Heyneman

Mrs. Paul Holmer

J. Richard Johnston

Prof. Van D. Kennedy

Prof. Theodore J. Kreps

Board of Directors of the American Civil Liberties Union

: of Northern California

CHAIRMAN: Prof. John Henry Merryman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

SECRETARY-TREASURER: William M. Roth

. HONORARY TREASURER: Joseph M. Thompson

HONORARY MEMBER: Sara Bard Field

EXECUTIVE DIRECTOR: Ernest Besig

Rev. F. Danford Lion

Seaton W. Manning

Rev. Robert W. Moon

Lloyd L. Morain

Rt. Rev. Edward L. Parsons

Clarence E. Rust -

Mrs. Alec Skolnick cent

Fred H. Smith, IV

Theodosia B. Stewart

Stephen Thiermann

Franklin H. Williams

GENERAL COUNSEL -

Wayne M. Collins

STAFF COUNSEL

Albert M. Bendich