vol. 24, no. 1

American

Civil Liberties

Union

Volume XXIV

San Francisco, California, January, 1959

Number 1

How S. F. Police

Arrested Sober

Man as a Drunk

It wasn't until I had read in the newspapers about the

peculiar activities of the San Francisco police department

`that I realized that my recent experience with them was not

just an isolated regrettable occurrence but instead was merely

_ habitual, behavior. Therefore, I am writing this letter to

report to you, in detail, the events

centering on my arrest by them

on July 7, 1958, and ending with

the dismissal of the case against

- me. I hope this information will

be of value to you in your efforts

to help the police department re-

gain public confidence by the

adoption of revised standards of |

responsibility toward this same

public which employs them, and

whom they are supposed to serve

rather than persecute.

Shopping Trip

July 7 being a Monday, when

S. F. stores are open until 9 p.m.,

I had driven into the city that

evening specifically for the pur-

pose of doing some shopping. At

about 6 p.m., I parked my car on

9th St., just south of Market, then

I had dinner, proceeded with my

shopping and finished my busi-

ness at Brooks Cameras, on

Kearny at Maiden Lane. (Total

spent, about $165, Chamber of

Commerce please note.) I left

the store at about 8:50 p.m. This

can be verified by Mr. Wiedman

who had waited on me for the

half hour or so that I was in the

svore.

It's a long walk from Kearny to

9th St., and sirice streetcar prog-

ress on Market at 9 p.m. on a

Monday evening is. unusually

slow, I thought to avoid the delay -

by going down to Mission where

I hoped that a bus (or whatver

they have there) could do the

trip in shorter time. Therefore I

walked south down Kearny across

Market and down 3rd St. to Mis-

sion. Here I decided after a few

minutes that I did not at all care

for the neighborhood. Only one

block south of Market, yet it was

dark, dirty and disreputable! I

walked back toward Market on

the west side of 3rd St.

Meets Police Officers

A police patrol wagon drove

past me and stopped farther up

the street, also on the west side.

Three officers stepped down from

the rear step and walked into an

adjacent bar. A fourth one re-

mained standing on the step. I

was relieved to see the police and

felt less uneasy about walking

alone in such a tough neighbor-

hood. They came out of the bar,

grinning and looking very jovial,

and sauntered across the side-

walk toward the patrol wagon,

crossing just in front of me as I

came up. I would have had to

`walk around them and because I

was (temporarily) kindly dis-

nosed toward them I said "Hello"

and gave them a smiling nod.

Their grins disappeared and they

. (R)

In This Issue...

ACLU Case Again Tests

Committee's Powers ....p.2

ACLU Praises Two

Philadelphia Police

Reforms... 23:27... p. 2

FCC Loyalty Oath Require-_

ment Challenged ...... p. 3

How the S.F. Police

Drag-Net Works ...... p.3

Letters to the Editor ...... p.2

Recent Complaints Against

" 0x00A7.F. Police Officers ..... p. 2

Seek Review of ""Blue Law"

Issue in High Court ....p.4

Wendy Murphy:

Barefoot in Gaza ...... p. 3

looked at me quizzically. One of

them said belligerently, "What do

you want?" I was taken aback by

their manner, but I replied, "Oh,

I was just wondering what you

were doing? "We're collecting

drunks," they replied. Here I

thought it would be nice if I

could just walk past them but, of

course, you don't suddenly termi-

nate a conversation with three po-

licemen, especially if the conver-

sation seems to have soured.: So

I edged part way around them un-

til they were between me and the

bar then, looking into the bar past

them, I said, "They all look drunk

to me. How do you know who is

and who isn't drunk." The reply

to this was, "What business is it

of yours?", followed by "Who are

you, anyway? What are you do-

ing here? Are you drunk?" etc.,

etc. At this point I realized that

their unpleasant attitude

stemmed from their suspicion

that I had discovered them to

have been drinking. I can't say

that all three had been drinking

-Continued on-Page 4

ACLU of

No. Calif.

Incorporates

The ACLU of Northern Califor-

nia was incorporated as a non-

profit organization on November

25, 1958, at which time Articles

of Incorporation were filed with

the California Secretary of State.

Previously, the ACLU operated

as a voluntary association, and,

consequently, the directors were

personally responsible for the

debts of the organization.

"The specific and primary pur-

`pose for which it is formed,"

declare the Articles of Incorpora-

tion, "is to support and maintain

the rights of free speech, free

press, free assemblage and other

civil rights through education

and legal action."

The Articles also declare "`That

all activities of this corporation

oe be nonprofitable in chara-

er a

Officers of the former associa.

tion were all elected as officers

of the new corporation.

Police

Roadblocks

illegal

Last month, another local court

declared police roadblocks to be

illegal. The decision was handed

down by Judicial District Judge

Robert A. Bainbridge of Lodi in

the case of Wallace Boulton, a

truck driver.

On October 3, Boulton was

stopped by State Highway Patrol

officers who were routinely

checking commercial vehicles. He

was charged with driving with a

suspended driver's license, and

also operating a vehicle having

defective brakes and horn. The

case was tried last November 12.

In an opinion handed down

Dec. 17, Judge Bainbridge held

that the State had "failed to show

any reasonable grounds for hav-

ing stopped the vehicle in ques-

tion.

"...A person lawfully within

the United States has the right

to the free use and passage of a

public highway and there must

be a specific reasonable ground

for believing that the law is being

violated before an officer may

lawfully interrupt a person en-

titled to use the public highway.

"In the present case, since no

reasonable grounds for stopping

the defendant are shown, the

evidence obtained is illegal and

inadmissable and therefore the

court finds the defendant not

guilty."

' Deputy District Attorney Loren

Rupert indicated that no appeal

from the decision would be taken.

Marin

Meeting

Jan. 15

Franklin Williams, an ACLU

and NAACP leader, will be the

main speaker for the Marin

Chapter's annual meeting at

8:15 p.m. Thursday, January

15 in the Mill Valley Commun-

ity Church, corner of Throck-

morton and Olive Streets. Elec-

tion of chapter board members

also is scheduled.

"Segregation-Moderate or

Extreme?" will be Williams'

topic. Secretary-counsel of the

National Association for the

Advancement of Colored

People, he also is a member of

the Northern California ACLU

board. :

ACLU's staff counsel, Albert

M. Bendich, will also speak on

"1958 Civil Liberties High-

lights in Northern California."

Milen Dempster, chapter

chairman, will report briefly

on Marin ACLU activities of

the past year.

All members and friends are

invited to the program and

election meeting, which will

be followed by refreshments.

Church Attendance Sought

Despite an opinion from City

Attorney Fred Silveira of Modes-

to that a ban on Sunday night

dancing would be discriminatory

and an illegal use of the city's

police power, the Merced City

Council last month voted 5 to 1

to prohibit the dances. The ban

will apply to dances which now

require a permit from the police

department. Night clubs and

private dances are not affected.

No Fun Sunday Nights

The proposal was made by |

Councilwoman Mrs. Sarah Brown.

The Merced Sun-Star declared

that Mrs. Brown did not list

specific objections to Sunday

Ban Sunday Night Pul

night dancing but said that teen-

agers can have fun on Friday and

Saturday nights.

"We can't make a law requir-

ing them to go to church on Sun-

day nights," she is quoted as say-

ing, "but this would leave Sunday

night open."

City Attorney Fred Silveira

told the Council, "You cannot le-

gally prohibit public dancing un-

less you prohibit every other

form of entertainment on Sunday

nights."

Supported By Minister

The Council's action was sup- -

ported by Rev. Otto Pankratz,

pastor of the First Baptist Church

of Merced. He noted that juvenile

Anniversary

iembership |

Drive Launched -

A 25th anniversary goal of the ACLU of Northern Cali-

fornia will be to raise membership from it present total of

4,000-plus to 5,000. And the campaign committtee will launch

the effort with two mailings this month.

All members will receive a 25th anniversary brochure and

Another Army

Security Case

Against Vet

Another Army security case in-

volving a member of the inactive

reserve arose in Northern Cali-

fornia last month. And, again, the

familiar complaint against the

veteran is that he belonged to the

Chinese American Youth Club, an

organization which is not on the

Attorney General's subversive

list.

As usual, the veteran was given

the opportunity of requesting a

discharge in lieu of further secur-

ity proceedings. This time, how-

ever, he was promised "a dis-

charge under honorable condi-

tions" (a General discharge),

whereas heretofore such veterans

have been told that they might

receive Undesirable discharges.

But if the veteran did apply for

a discharge, he was informed, it

would be considered an admis-

sion of the truth of the charges

"unless satisfactorily refuted."

' The Application for Discharge

form submitted with the charges

requires the veteran to acknowl-

edge that "... in view of the basis

for this discharge I may. expect

to encounter substantial prejudice

in civilian life in situations

wherein the type of service ren-

dered in any branch of the Armed

Forces or the character of dis-

charge received therefrom may

have a beariny."

' The charge against the veteran

reads as follows: "You have been

a member of the San Francisco

Chinese-American Democratic

Youth League since 1952 and

have actively participated in the

activities and functions of that or-

ganization from about 1953 to

about April 1956, including your

attendance at approximately 30

meetings of the Executive Com-

mittee of that organization dur-

ing the years 1953-1955. The San

Francisco Chinese-American

Democratic Youth League, also

known as the `China-American

_ Youth' and the Chinese American

Youth Club is an organization

which supports and serves the in-

terests of the People's: Republic

of China and the Union of Soviet

Socialist Republics in preference

to the interests of the United

States."

The veteran has denied that the

Club is sympathetic with com-

munism and has asked to be in-

formed as to the basis of the

Army's conclusion and "to what

action of the Club's Executive

Committee between 1953-55 the

Army takes exception." The vet-

eran has also requested a hear-

ing at which he will be represent-

ed by Ernest Besig, local execu-

tive director of the ACLU.

lic Dances

delinquency is on the increase

and expressed the opinion that

the ban on dancing would help

to control the "teenage prob-

lem." "We regard Sunday as a day

of worship and religious activi-

ties," said he, `which are to some

extent hindered by public acti-

vities of a secular nature."

The State of California has

only one so-called blue: law. It

bars boxing matches on Sundays

and Memorial Day. A _ repeal

move failed at the last general

election.

The problem will be considered

by the ACLU board at its next

meeting.

an appeal for names of prospects

in late January. The brochure,

now being prepared by the com-

mittee, will review accomplish-

ments of the branch and explain

its long-range goals and needs.

Lapsed Members

The campaign committee also

plans an intensive canvass of

lapsed members and an "Every-

Member-Get-a-Member'" appeal to

help meet the goal of nearly 1,000

recruits.

"Our aim is to use the anniver-

sary occasion to bring member-

ship up to a more effective

strength and to enlist more wide-

spread geographical support for

ACLU," says Fred H. Smith IV, a

committee member.

Drive Set for April

The main phase of the drive is

set for early April, And, as in

previous years, it will be a coordi-

nated campaign directed by lead-

ers in various Northern Califor-

nia communities. As usual, the

main emphasis will be solicitation

of prospects recommended by

members,

The success of the drive will

depend largely on membership

cooperation in filling out and re-

turning the mimeographed pros:

pect questionnaires going out

this month.

Send Names of Prospects

A prompt return of the ques

tionnaires is requested to allow

the office staff and volunteers

enough time to check all lists

against current membership files

and to prepare for a personalized

`mailing to all prospects. `This

mailing is set for late March, and |

the committee hopes to reach

more than 3,000 prospects.

A canvass of all persons whose

membership expired during the

past year is scheduled for next

month, and a similar drive will

follow in September.

Get a Member

Also new this year will be an

April appeal for every member to

enroll at least one prospect and

send in his dues,

Members interested in helping

with the campaign are invited

to the next committee meeting

at 10:45 a.m. January 8 in the

main San Francisco YWCA at 620

Sutter Street, third floor. (For

further information and reserva-

tions, please call the ACLU of-

- fice, EX 2-4692).

Committee Members

Board members on the commit-

tee are Mrs. Zora Cheever Gross

of San Francisco, who headed the

successful drive of 1958; Theo-

dore F. Baer, Los Altos; Fred H.

Smith IV, Kentfield, and Mrs.

Alec Skolnick, San Mateo,

Also helping with campaign

planning are Milen Dempster,

Marin Chapter chairman, and two

San Francisco members, Mrs.

Arthur Bierman and Mrs. Frances

Pain, who were co-chairmen for

the city drive last year and have

agreed to serve again in 1959,

Louis Hartman Goes

To Trial In U.S.

District Court Jan. 28

Louis Earl Hartman, who, as

Jim Grady, conducted the "This

Is San Francisco" broadcast on

KCBS, goes to trial in the U. S. 0x00B0

District Court in San Francisco

on contempt of Congress charges

on January 28. He is charged in

seven counts of an indictment

with refusing to answer seven

questions of the House Commit-

tee on Un-American Activities.

Hartman rested on the First

Amendment and other objections (c)

in refusing to answer the Com-

mittee's questions. He will be

represented by Albert M. Ben-

dich, the ACLU's Staff Counsel.

f

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern C wifornia,

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG .. . Editor

Subscription Rates-Two Dollars a Year

Twenty Cents Per Copy

503 Market Street, San Francisco, 5, California, EXbrook 2-4692.

Helen Salz

Philip Adams.

Theodore Baer

Prof. James R. Caldwell

William K. Coblentz

Richard De Lancie

John M. Fowle

Howard Friedman

Julian R. 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

ViICE-CHAIRMEN: Dr. Alexander Meiklejohn

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. A''ec Skolnick

Fred H. Smith, IV

Theodosia B. Stewart

Stephen Thiermann

Franklin H. Williams

GENERAL COUNSEL

Wayne M. Collins

STAFF COUNSEL

Albert M. Bendich

ACLU Praises Two

Philadelphia Police Reforms

The Greater Philadelphia

Branch of the American Civil

Liberties Union met success re-

eently when two of its recom-

mendations toward police reform

were adopted by the city.

The new steps, one of which

the Union called "a great advance

in civil liberties for the man in

the street,' include (1) a direc-

_ tive guaranteeing those under

arrest the right to telephone

"their attorney, relative or

friends immediately" and (2) a

citizens' complaints against mem-

bers of the police force.

Common Complaint

In a letter to Philadelphia's

Police Commissioner, Thomas J.

Gibbons, the ACLU declared that

"this directive (the first) should

go far in eliminating the most

common violation of prisoners'

rights now existing in Philadel-

phia." The directive further pro-

vides that police are required to

notify the next of kin of all pris-

oners under 21 years of age,

whether the prisoner himself

wishes to use the telephone or

not. The new orders were issued

after the ACLU had called to the

Police Department's attention the

serious consequences that can

flow from keeping a prisoner vir-

tually incommunicado until a

hearing before a magistrate. The

Union pointed out the import-

ance of "right to counsel," stating

that a number of defendants

might have been spared illegal

sentencing had they been per-

mitted to get in touch with their

`families before the magistrate's

hearing.

Recent Cor

Police Review Board

In regard to the new Police

Review Board, the Union predict-

ed that its establishment will

result in an increased respect for

civil rights on the part of police

and in better feelings toward the

police on the part of citizens. In

a letter to Mayor Richard Dil-

worth, the Union wrote: "Your

action in appointing this distin-

guished board of citizens makes

Philadelphia a pioneer. No other

American city, small or large, has

an impartial tribunal of citizens

to get at the facts of citizens'

complaints against policemen.

Without such a tribunal, it is very

hard for civilians who feel them-

selves aggrieved to get an ade-

quate hearing.

ACLU Has Six Complaints

Some half-dozen complaints

which are being handled by the

Union will be -placed before the

Board as soon as it is organized,

the ACLU said. These com-

plaints involve charges of false

arrest, denial of the right to tele-

phone, interference with orderly

street meetings, and excessive

use of force. According to the

ACLU, the Philadelphia Board

should be "even better" than its

New York City counterpart, as its

civilian composition will obviate

any criticism that it may be in-

clined to whitewash charges

against the police.

However, final authority under

the local law for disciplining the

police still rests with the police

commissioner, although tthe rec-

ommendations of. the civilian

board will carry much weight.

plaints Against

S.F. Police Officers

Recently, the ACLU received partment's answer to an ACLU

the following complaints about

the activities of San Francisco

police officers:

James Coleman, a Negro,

claimed he was arrested as a

drunk at Third and Howard

streets on: October 27, even

though not drunk, but then for-

feited his $10 bail. What he com--

plained about, however, was that

when asked his name by the

booking sergeant, he replied

"John Smith."

claims, he was taken into a small

room and punched in the belly.

by Officer Lloyd Enmark_ until

he admitted that his true name

- was James Coleman. "It's a pretty .

bad thing when a nigger can

come in here and give us a bad

time,' the desk sergeant is

quoted as saying. The Police De-

ACLU NEWS

January, 1959

Page 2

Thereupon, he.

inquiry was a curt denial.

Police Harrassment

Two women, Mrs. Edward Wil-

liams and Diane Adams, who

lived in a hotel at 225 Ellis St.,

have complained that Officers

Eugene Simmons and Hubert.

have repeatedly threatened to ar-

rest them. The Police Depart-

ment entered its usual denial.

On December 3, William C.

Bonney and Brad Hamilton of

sacramento sought to visit Fred

Lester Doty who was being held

at City Prison awaiting trial. The

boys (about 22 or 23) claim that

the Inspector in Room 105 of the

Hall of Justice, who issues the

visiting. permits, called them

young punks and refused to give

them permits. He threatened to

"vag" them if they didn't get out.

A half hour after the incident al-

legedly occurred, Inspector Je--

rome Francis Smith, who was

then in Room 105, denied any

knowledge of the matter.

' the law compels them to.

Letters to the Editor

PRIVILEGE OF ACCESS

Editor: The ACLU's statement

of October, 1958, opposing tele-

vision and photographic coverage

of courtroom proceedings, was

apologetic in tone as though the

ACLU were taking a stand in con-

flict with freedom of the press.

But freedom of the press is not

the issue, and the apology is both

uncalled for and misleading.

"Freedom, of the press"

means that the press shall be free

to print what it knows to be true,

without hindrance, censorship, or

fear of reprisal by the govern-

ment. But the privilege of access

to any place the press may want

to go is a different question, and

a subordinate one.

It may be debatable whether an

individual's rights of privacy are

more important or less important

than freedom of the press; but

there is no debating that the in-

dividual's right of privacy comes

before the press's right to enter

where it. pleases in search of in-

formation. This applies to the

courts. Witnesses appear in court

whether they want to or not, un-

der subpoena. They come there

to testify, and they come because

The

constitutional power of the court

to compel testimony should not

be extended to compel appear-

ance on television or a newsreel.

If this is done, it can not be de-

fended in the name of freedom of

the press.

As to the job of informing the

public of what goes on at the

trial, this probably can be ade-

quately taken care of by verbal

reporting as done at present. This

aspect, also, is concerned not with

freedom of the press to report,

but rather with the constitutional

requirement that trials not be

secret.

Freedom of the press is a vital-

ly important thing in our society,

but it ought not to be confused

- want to

do. The question of

whether to open the courtroom to

cameras and television or not

does not involve any issue of

press freedom, and should he ar-

gued on entirely different

grounds.-Shelby Cooper.

CONFUSION

Editor; The letter of George

Rundquist in the December News

in connection with the display of

religious symbols on school

grounds, was seriously inadequate

and ambiguous at one point. I am

referring to his identifying of

"the miracle of the immaculate

conception," with "the virgin

birth," with "the birth of the Son

of God," with "the Saviour."

The doctrine of the immaculate

conception has nothing to do with

the birth of Jesus. It refers to the

birth of Mary and is a belief held

only by Catholics. Many Chris-

tians find substantial evidence in

the Bible that Jesus was,not born

of a virgin. Whether or not Jesus

is the Son of God or the Saviour

has nothing to do with the man-

ner of his birth,

To describe all of these ideas

as "a basic Christian tenet' or to

say "this is Christian doctrine," is -

to be ambiguous and confusing.-

Robert W. Moon.

PRO WENDY

Editor: Crime goes unchecked

while the police arrest a girl be-

cause she is barefooted in North

Beach. True, Wendy Murphy

would be better off today if she

had gone along quietly with the

big brave officer who didn't like

her bare feet. She was later found

not guilty of malicious mischief

and vagrancy (that good old

standby the big brave ones toss

around so easily) and might have

charged false arrest had she held

her temper. Wearing no shoes is

not malicious and she did have a

home so was not a vagrant, as the

big brave one later found out.

Crime is that which hurts

others, and crime is increasing.

This girl was hurting no one, and

this officer was neglecting his

duty by not using his time to pro-

tect the public against crime. Can

it be the big brave ones are afraid

to face criminals so they make

themselves look busy by arresting

barefooted girls?

Thank heaven for the Ameri-

can Civil Liberties Union, who de-

fended Miss Murphy. They are

doing good work, putting their ef-

fort behind justice, which is more

than can be said for the police

force in North Beach!-Z. N., San

Leandro.

F

ANTI WENDY

Editor: My wife and I have

been members of the ACLU for

about two years. We have felt

that there is a great need for the

organization, and have been

pleased with many of the stands

taken on important issues,

We wish to take strong excep-

tion to a recent decision to make

an issue of the arrest of a young

girl in San Francisco, in the Beat-

nik area. We feel that your de-

scription of the incident was very

biased in favor of the girl.

The police must have some au-

thority. An officer on duty in an

area where there have been dis-

turbances should have the right

to try to prevent recurrences.

Why can't he ask a drunken per-

son to go home? And if she is

rude or openly offensive to the

officer, why shouldn't he bring

her into a police station? And

how can she justify resisting ar-

rest, and throwing objects at the

officers?

Naturally an officer can make

mistakes, and any one person

may be wrongfully suspected of

drunkenness or misbehavior. If

this occurred quite frequently, it

would be very undesirable. But

how can you expect a police force

to function if it has no authority.

I am highly distressed by re-

peated and almost nationwide

contempt for law and law en-

forcement. This young girl had

no right to resist arrest. She has

the right to our courts to protect

her from unjust punishment and

treatment. She has no more right

to resist arrest than the people .

of Arkansas:have to defy the Su-

preme Court ruling.

Have We been wrong in assum-

ing that the ACLU was concerned

with investigating and interpret-

ing possible violations of civil

liberties in an objective manner?

There were glaring omissions in

your report of the incident.

Perhaps there are aspects of

the problem that we do not recog-

nize that will be brought out in

future issues of the journal.-

Ralph Levine, M.D.; Ann Levin,

San Mateo.

Editor's Note: There was no

claim by the police officer that

Wendy Murphy was drunk and no

charge of that kind was placed

against her. (Having the smell of

beer on one's breath doesn't make

one a drunk.) Because of being

barefoot, the officer interrogated

her and she answered his ques-

tions. Also, at his request, she

identified herself, producing a"

driver's license which showed

that she was not subject to.San

Francisco's curfew law. (She will |

be 21 in February.) cent

That should have ended the

matter, but the police officer de-

manded that Wendy go home.

When she refused to go home, the

officer charged her under three

sub-sections of the Vagrancy Law:

1. With being a person "without

visible means of living who has

`the physical ability to work, and

who does not seek employment,

nor labor when employment is of-

fered him;" 2. With being a

"lewd or dissolute person" (If

convicted under this sub-section

she would have had to register as

a sex offender.); and, 3 with being

a "person who wanders about the

streets at late or unusual hours of

the night, without any visible or

lawful business." The first and

third vagrancy charges could not

legally be based on seeing Wendy

Murphy only once, and there was

no "lewd or dissolute conduct."

Clearly, this is a case of lawless

enforcement of the law and, in

fact, these false charges were dis-

missed by the Assistant District

Attorney. That is typical. The

Police Department has admitted

that over 70 per cent of hundreds

of vagrancy arrests have been dis-

missed. for lack of evidence.

It is no criminal offense for a

citizen to be rude or offensive to

a police officer or vice versa, and

such conduct does not justify an

arrest,

The law does allow a person to

resist an unlawful arrest. That is

something entirely different from

defiance of the Supreme Court's

schoo] decision in Arkansas. We

don't recommend resisting an un-

lawful arrest, but having been

done we think it can be supported

in law. :

Nevertheless, Wendy was con-

victed of resisting arrest and on

the battery charge. She was ac-

quitted on the charge of malici-

' ous mischief,

There wouldn't have been any

throwing of a paper punch at the

station if the police officer had

kept his hands off Wendy.

We are unaware of any "glar-

ing omissions" in our report of

the incident, but we would be

glad to have them pointed out.

UN-AMERICAN ACTIVITIES

ACLU Case Again Tests

Committee's Powers

The national office of the

American Civil Liberties Union

disclosed on December 20 that it

had posted $1,000.00 .bond for

Frank Wilkinson of Los Angeles,

in a test case challenging the con-

stitutionality of the House Un-

American Activities Committee.

Wilkinson was indicted by a fed-

eral grand jury in Atlanta, Ga.

for refusing to answer questions

concerning alleged Communist

associations at a hearing of the

House Committee in the southern

city last. July.

Continuance Sought

The ACLU said that an appeal

had been sent to the U. S. Attor-

ney for the Northern District of

Georgia requesting that Wilkin-

son's arraignment in Atlanta be

set for February 10, 1959 and

that filing of pre-trial motions be

scheduled for thirty days after

the U. S. Supreme Court rules in

the Barenblatt case. The high

court has already heard argu-

ment in this case, concerning a

former Vassar College psychol-

ogy professor, Lloyd Barenblatt.

The Barenblatt case is also being

handled by the ACLU.

In a letter to U. S. Attorney

James W. Dorsey, ACLU staff

counsel Rowland Watts said the

Union will provide representa-

tion for Wilkinson at the trial

and that efforts are being made

to secure*local Atlanta counsel.

In suggesting these dates, Watts

said that the government and the

defendant would mutually bene-

fit ~by learning the Supreme

Court's views in the `Barenblatt

case, a parallel case testing the

validity of the House Commit-

tee's power to probe citizens' po-

litical beliefs and opinions. :

First Amendment Issue

In disclosing the legal details

ACLU emphasized that it was in-

terested in the case solely be-

cause of its long-held belief that

the mandate of the House Com-

mittee {to investigate "un-Ameri-

ean propaganda" was a violation

of the First Amendment.

"Since the House Committee

was organized in 1938, the ACLU

repeatedly has voiced its opposi-

tion to the Committee's mandate

as an intrusion into the citizen's

right-guaranteed by the First

Amendment-to engage in politi-

cal association and to express po-

litical opinion. The U. S. Supreme

Court, in recent "decisions,- has

curbed the power of the House

Committee, but has not ruled

precisely on the fundamental is-

sue of the mandate's constitu-

tionality."

When Wendy wended barefoot

oer the lea and into the "protec-

tive custody" of San Francisco's (c)

finest (see Dec. News), she

niarked a trail that is today so ob-

solescent that its loss is bemoaned

by poet and sociologist alike and

hardly recognized by those who

have the good fortune to run into

it themselves. Wendy was, in a

sense, the noble savage of Hux-

ley's Brave New World; in a

word, an individual. In another

word, she refused to be part of

the lowing herd. Nor was

Wendy's non-conformity socially

harmful (as some is); no one was

hurt, or shocked, no property

was damaged, nor was the peace

disturbed, when Wendy, having

abandoned her rubber sandals

after a thong broke, refused to

run home in barefoot shame con-

tinuing instead with her tour of

North Beach. Her action was un-

usual; and although we stand for

individualism in theory, in prac-

tice we have precious little of it

(See e.g. The Organization Man)

and those who do practice it gen-

erally face some form of. social

ostracism. It was Wendy's ill for-

tune to run into an ostracizer

with punitive power of another

order, an officer of the law.

Violating No Law

Wendy was violating no law

contained in any of our criminal

codes. That much is conceded all

around. Although she was arrest-

ed for violating three separate

subsections of the vagrancy law

(1. Being without visible means

of living and refusing work when

offered; 2. Being lewd and dis-

solute; 3. Wandering the streets

at late hours without lawful busi-

ness) there was not a shred of

substance to the charges and they .

were, though grudgingly, finally

dismissed by the prosecution.

Vag Law a Device

The vagueness, anachronism

and danger of the vagrancy law is

perfectly illustrated here; it is

used as a device for making ,an _

arrest when no crime is or has

been committed by the person ar-

rested. As the arresting officer

testified, he ordered Wendy to go

home and to stay out of the

"Bagel Shop," a North Beach cof-

feehouse she wished to enter;

when she refused, he arrested

her. Taking exception to his lay-

ing on of hands, Wendy struggled,

but she did not resist arrest, as

the officer again testified, after

he had dragged her across Green

Street toward the Paddy Wagon

(a pilgrimage interrupted by a

Mack Sennett fall by the officer

dragging Wendy with him), he re- .

leased her; he turned to speak to

some brother officers, Wendy

stood quietly on the street for

some ten minutes awaiting fur-

ther developments.

No Resistance

The point is she made no at-

tempt to "resist" or escape once

the manhandling stopped. She

was taken to Central Station by

another officer who testified they

were "friendly." At the station,

Wendy sat quietly in a corner un-

til the arresting officer arrived,

at which point she ran behind the

desk sergeant yelling, "Don't let

that man touch me!" Such. be-

havior, the arresting officer point-

ed out on the witness stand, could

not be allowed and so he gave

chase, captured Wendy (overcom-

ing the peril of a comb thrown in

his direction) and dragged her

back to her chair.

Conflict in Stories

Here the stories diverge some-

what. Wendy claims she knocked

a typewriter off a table when she

pulled an arm free of the arrest-

ing officer's grasp. The arresting

officer claims Wendy knocked it

down when she was quietly await-

ing his arrival at Centra] Station.

In any event, Wendy was thrown

for a loss behind the line of

scrimmage and into the chair

where "she should of been." Like

the football player who has suf-

fered a pile-on, Wendy came up

swinging. She threw a paper-

punch. Only, the other team also

refereed and called the fouls.

Somewhat of an advantage. And

Wendy was penalized by charges

of resisting arrest, malicious mis-

chief and battery which were add-

ed to the vagrancy charge.

At the trial, it developed that

the prosecution had no evidence

either on vagrancy or on malici-

ous mischief; although it was al-

leged that a typewriter was dam-_

aged, there was no damaged type-

writer produced nor any bill for

repair.

Respect for Authority

The deputy district attorney

asked the jury to convict Wendy

because she used a "deadly

weapon," as he called it, when

she threw the paperpunch, and

because she did not display the

proper respect for authority. The

jury agreed, The Judge sentenced

Wendy to pay a $50 fine, suspend-

ed jail sentences of 60 days on

each count and granted probation

and permission for Wendy to go

to Texas where she will be mar-

ried.

An appeal has been filed.

Twelve dollars and fifty cents has

been donated by a large group of

Wendy's former fellow employees

at the Federal Reserve Bank. And

Abe Mellinkoff, in the Dec. 22

Chronicle, said: "I would like to

see a thousand pretty San Fran-

cisco women parade barefooted

up Grant Avenue behind a brass

band playing "Seventy Six Trom-

bones" as a gesture of defiance."

-A. M. B.

1951

Secrecy Rule

Retained by

U.C. Faculty

The Academic Senate's Repre-

sentative Assembly at the Univer-

sity of California in Berkeley last

month reaffirmed its action of

October 28 in voting not to dis-

close to investigators information

concerning a _ student's beliefs

and associations in regard to

"religion, politics and public af-

fairs" gained in the course of

student-teacher relations. The

vote was 30-22 and followed two

hours of debate.

A watered down version of the

' original resolution was offered by

Professors Robley C. Williams

(bio-physics) and Earl C. Rolph -

It would have al-

lowed, disclosures to be made un-

der certain circumstances.

Only faculty members at Berke-

ley, San Francisco and Davis are

affected by tthe action.

Screenee Wins

Reinstatement |

In Union

Alexander S. Milanovich won

reinstatement as a member of the

Marine Firemen's Union in San

Francisco last month, on the

order of Superior Court Judge

Gerald S. Levin.

Milvanovich allowed his mem-

bership in the union to lapse in

after the Coast Guard

screened him as a security risk.

After the Federal Court of Ap-

peals in San Francisco outlawed

the port security program in the

case of Parker vs. Lester in 1955,

Milanovich was granted a vali-

dated seaman's document,

Milanovich requested reinstate-

ment as a member of the Union

but was turned down because of

his past security problems. Since

union membership is essential

in order to sail, he sued for rein-.

statement in October, 1956. He

not only won reinstatement but

a nominal money judgment of $1.

FCC Loyally Oath

Requirement Challenged

Recently a Federal Commu-

nication hearing officer presided.

over two hearings held to de-

termine whether the FCC may

select a few applicants for radio

license renewals to sign a loyalty

oath or be denied their licenses.

One applicant last used his li-

cense to work as a repairman on

marine radios, the other works

as. a radio engineer and also

operates a "ham" station. The

FCC had refused to renew each

man's license since neither

would sign the oath.

Burden of Proof

At the hearings, ACLU staff

counsel, Albert Bendich, who rep-

resented the men, argued that

since the men had clean license

records, had filled out all the

known application: forms, the

burden was on the Commission

to prove lawfulness of the loyal-

ty questions, and the burden was

not on the applicants to prove

that they had not violated un-

lawful requirements. The FCC

lawyer successfully objected, ar-

guing that the person who

wanted a license had to prove

that he was entitled to it and

that all the FCC had to show was

that they had presented the oath

to the applicants and they had

refused to sign them. -~

When Bendich then sought to

prove that the oaths were un-

lawful, by bringing out whether

Congress had authorized the in-

quiry, whether or not some ra-

tional basis existed for picking

and choosing among renewal ap-

plicants rather than treating

them equally, and whether or

not there was `anything in the

nature of a clear and present

danger which might justify an

infringement on speech and as-

sociation, etc., the FCC lawyers

again successfully objected, this

time on the ground that all such

facts were irrelevant. The presid-

ing officer said, "Well, I believe

that the only relevant fact is that

the Commission did promulgate

the question." Under his view, all

-questions of legality and consti-

tutionality had nothing to do

with facts and could be argued

in the briefs. .

Briefs Filed

The briefs were filed on Nov-

ember 21st. The arguments in-

cluded one that the FCC proced-

ure violates the Administrative

Procedure Act, that it is unlaw-

ful as outside the authority con-

ferred by Congress, that it vio-

lates substantive and procedural

due process and tthe privilege

against self-incrimination. It is

pointed out that no substantive

connection exists as between the

challenged procedure and the

probable objective of the Com-

mission, security against espion-

age and sabotage.

For one thing, radio stations

are not treated as security facil-

ities; persons who work as disc-

jockeys, for example, need no-li-

censes and are not otherwise

screened, although they have

equal if not greater opportunities

for sending coded messages than

do engineers. For another, licen-

ses are good for five years and

cannot be suspended on political

grounds such as refusal to sign

oaths.

In effect, the FCC must there-

fore contend that persons with

expired licenses are more dan-

gerous than persons with unex-

pired licenses.

It was also argued, among oth-

er. grounds, that the burden of

proof in the free speech area is

with the government and that

when it is shifted to the citizen,

by way of loyalty oaths, proced-

ural due process is violated.

First Amendment Arguments

In the First Amendment field,

it was argued, among other

things, that when Congress

wishes to take steps which in-

fringe speech, it must demon-

strate a clear and compelling

need to do so. Since Congress, in

its Act of 1934 setting `up the

Hunting for Drug Addicts

Following is the shocking story of how a San Francisco

Negro last December 20 became the victim of the drag-net

methods of San Francisco police who were looking for nar-

cotics addicts. Picked up while walking along Mission Street

(between 21st and 22nd streets) he was subjected to violence,

mugged, fingerprinted, interro-

gated under bright lights and de-

tained for four hours-all be-

cause he had a needle mark on

his arm resulting from a blood

test given on the eve of his

honorable discharge from the

Navy after fourteen years of

service. The story was written by

the victim's sister in a letter to

Mayor George Christopher. The

ACLU has also asked `the Mayor

to investigate the matter and to

put an end to lawless. enforce-

ment of the law in San Francisco.

It seems to me that some of-

ficers in the San Francisco Police

Department are taking their rou-

tine duties too far when they

ignore the rights of citizens. The

case in point concerns the arrest

of my brother, Mr. Samuel B.

Napier, a member of the United

States Navy, now stationed at

Treasure Island.

On Saturday evening, Decem-

ber 20, 1958 around 9:00 o'clock,

my brother, wearing civilian

clothes, was innocently walking

along the 2500 block of Mission

Two Important

Changes In

By - Laws

The Board of Directors of the

ACLU of Northern California last

month amended the Union's By-

Laws to allow fifteen members to.

make board nominations directly

to the Board of Directors and re-

quiring an absence from the

board for at least a year after a

board member has served two

consecutive three-year terms.

Direct nominations must be

made not later than August 1 of

each year and must "be support-

ed by the signatures of 15 or

more members in good standing

and be accompanied by a sum-

mary of qualifications and the

written consent of the nominee.

Every year, in the April issue

of the News, members are also

invited to suggest names of pos-

sible board members to the Nomi-

nating Committee "and such

names must reach the Union's of-

fice not later than April 30 in

order to receive consideration."

There is one exception to the,

limitation of terms of board mem-

bers and that applies to two mem-

bers of the present board who

~ have served ever since the branch

was started in September 1934,-

Dr. Alexander Meiklejohn and

Helen Salz, the board's vice-chair-

men. "After the expiration of

their present terms of office,"

says the new By-Law, "said board

members shall hold office. for

life, with full voting rights."

Wanted!

- Reward!

Wanted: Live ACLU mem.

| bers to help prepare for our

| 25th anniversary membership

| drive (checking names, filing,

| typing, stuffing envelopes,

| ete.) . . . persons who can

| spare some time every week-

| or even an occasional hour-

] during the next three months.

| Call EX 2-4692. And the re-

| ward? Five thousand members

| for ACLU by 1960 and 5,000

| thanks to you.

FCC, made no mention of any

political standards, and since the

Act has never been amended in

this regard, no such compelling

need could be demonstrated.

AM. B.

street. He, along with several

other men were ordered by the

police to line up there on the

Street, facing a building, with

their hands placed on the build-

ing above their heads, their feet

apart, and their heads down. The

officer searched all of them,

_ called the wagon, and took them

all to jail, without an explana-

tion. To my brother's demands

for an explanation, he was or-

dered to "shut up." Finally, upon

arriving at the jail and being

questioned, some people were re-

leased. My brother was one of

those held for further question-

ing under the bright lights.

Narcotics Users

The line of questioning related

to narcotics, and he was informed

that he had been picked up on a

routine arrest of people who ap-

pear to the policeman to be nar-

cotics users. Because he had a

needle mark on one of his arms,

he was detained and questioned -

at length. Verbal attempts were

made to pressure him into admit-

ting that he was guilty. My

brother's efforts to explain the

one needle mark were ignored,

and no attempt was made to

verify his statement, Instead they

_insisted he was guilty and _ at-

tempted to fingerprint him, etc,

Being aware of his right to re-

fuse to be fingerprinted, he re-

fused. Thus. the officers made

physical efforts to force him to

submit and when he persistently

resisted they spoke of giving him

a working over with a hose. Un-

fortunately he neglected to se-

cure the names or numbers of

the officers. He said that at the

jail, he was questioned by plain

clothes and uniformed officers.

The truth of the matter is that

on December 23, 1958 my brother

is scheduled to be honorably dis-

charged from the United States

Navy where he has served for 14

years. -In preparation for the dis-

charge, a physical examination

had been given to him, a part of

which was a blood test. Thus, the

needle mark on his arm. My

brother carried on his person

adequate identification of his

status as a member of Naval per-

sonnel, and asked that Naval Au-

thorities be summoned. After

subjecting him to the questioning

under lights, forcing him to un-

dress completely while they

looked for other needle marks,

and attempting to force him to

be fingerprinted, the Shore Patrol

finally arrived. My brother's

identification and explanation

were accepted by the Shore Pa-

trol and he was released to their

custody. However, the police told

the Shore Patrol that he would

have to be held over night if he

continued to refuse to be finger-

printed. The Shore Patrol sug-

gested that my brother submit to

this as well as having his picture

`taken. He was finally released.

about 1:00 am. December 21,

1958. During the time he was

held in jail, he was not permitted

to make a telephone call to: his

family, who were awaiting his re-

turn home. for his thirty-second

birthday celebration. -

This kind of humiliation and

inconvenience to an innocent per-

-son walking along the street is

entirely uncalled for. If the police

are going to function in this man-

ner, it would appear unsafe for

any person to walk along the

street. I realize there are certain

police procedures that. are car-

ried out for the protection of the

-Continued on Page 4

ACLU NEWS

January, 1959

Page 3

S.F. Police Arrest

Sober Man As Drunk

Continued from Page 1-

but at least one of them had, to

the extent that they smelled

strongly of liquor. (c)

Arrested by Officer Syme

It was time for a strategic with-

drawal but, unfortunately, they

wouldn't let me go and kept ply-

ing me with questions. Finally,

when they had finished quizzing

me I said that I had best be going 0x00B0

now and, with a casual goodbye

wave I walked away, whereupon

the most belligerent of the three,

and the least civil, shouted at me,

"Don't you shake your fist at me!"

He grabbed me from behind and

marched, me up to the patrol

wagon. This man was Officer

Syme, a person whose behavior

resembles very closely that of the

thugs from whom he is supposed

to protect us. Perhaps the S. F.

police operate on the theory that

`if you need a thief to catch a

thief, you also need a thug to

catch a thug, etc., etc-But why

do they have to turn them loose

on us? This theory of parallel

functionality could result in a

most interesting police depart-

ment, considering the variety of

crimes they have to investigate.

Doesn't Drink

Of course, I didn't resist, for it

is common knowledge that this

would lead to a severe beating.

He, Syme, frisked me then pushed

me into the wagon, assisting me

with a bit of a kick, then he

walked away. Despite my indig-

nation I knew better than to stage

a scene, so I asked the em-

barrassed officer guarding the

open end of the vehicle what the

charge against me was. He re

plied, "MPC 152," then after re-

peating those numbers a few

times translated them for me' as

"Being drunk"... I told him this

was ridiculous, that I don't drink,

and that I wanted to be released.

Despite the unpleasantness of the

situation I could have laughed

when he said, "Tell it to the

judge."

There were several people, real

drunks, sitting or slumping on

the benches inside. I remained

standing. The time was 9:20 p.m.

After a minute or two the three

representatives of the law re-

turned, took up their position on

the rear step and the wagon

moved off to the next bar. Several

more stops were made until, after

about fifteen minutes, the wagon

was full. Then we were taken to

the Fourth St. police station and

booked, one at a time. When my

turn came I told them, civilly,

that I wanted to be released since

there was no substance to the

charge against me. No one paid

any attention at all to what I said.

I asked for a sobriety test-there

was a complete lack of interest.

I asked to telephone my wife,

so that she would know that I

- ~was delayed.-No, I couldn't use

a phone, not until I got to the

hall of "justice." But my wife

would be frantic if I didn't get

home.-it made no difference to

them.

Booked as a Drunk

`I was booked as being drunk,

my valuables secured in a large

envelope and I was then put into

a large cell with several other

men. Despite my frequent ap-

_ peals for permission to call home

I was kept in that miserable place

for two hours. Many of the others

were taken to the Hall of Justice

`just a short time after our arrival

but for some reason they delayed

this in my case.

Finally, just around midnight,

when I did get to the Hall of

Justice, and was told that the bail

was ten dollars. I found that I

wouldn't be allowed to pay it my-

self, because my belongings were

conveniently safeguarded at the

Fourth St. station. I phoned my

wife who arranged for a relative

of ours to come down and bail me

out. And so it was that around

1 a.m., I, the supposed dead drunk

was released to drive home, all by.

myself, over that long difficult -

bridge, through Oakland, and

ACLU NEWS

January, 1959

Page 4

along the highway over danger-

ous curves and through the

treacherous tunnel away out to

Walnut Creek, where I should

have done my shopping in the

first place (c. of c. please note).

Pleaded "Not Guilty"

The next morning, when I ap-

peared in court, at the advice of

my attorney, Douglas Page, I

pleaded not guilty and asked for

a jury trial whereupon the judge,

Miss F. Underwood promptly

postponed the trial until Thurs-

day. Following my appearance in

court, the assistant district attor-

ney, a Mr, Rhine, I believe, con-

sulted the four policemen in-

volved in my case. Since they

were remarkably emphatic in

their insistence that I was dead

drunk (remember that I drove

home alone that night! I can also

give you a detailed description of

the inside of the patrol wagon,

the Fourth St. police station and

the "tank" at the Hall of Justice)

and since he had not spoken to

me-he didn't care to, or didn't

have time-he allowed the case to

continue.in court. My request for

a jury trial transferred the case

to another court where Mr. Aus-

land was the district attorney.

After Mr. Page and I visited

him, and I told him my story, Mr.

Ausland said that he would rec-

ommend that the case be dis-

missed, but, of course, I would

waive civil rights in exchange.

We thought this `over. I had

wanted to sue the San Francisco

police department for false arrest, |

and I might add here that this

action by Syme was not just an

unfortunate mistake on his part,

a regrettable error where he

might have thought I was drunk.

He knew perfectly well that I

was completely sober; this action

of his was a deliberate malicious

one, prompted either through an-

ger, fear or downright cussedness,

and to consider it as anything

other than a vicious usurpation of

police authority, knowingly and

illegally, against an innocent per-

_ son, is to extend to him a measure

of charity that he hasn't earned

and couldn't appreciate.

Four Against One

My thoughts on suing the police

department were tempered by the

reality that law suits are won by

means of proof and witnesses and

not by indignation, no matter how

great it may be. We have only

one witness, Mr. Wiedman, of

Brooks cameras, who is positive

that at 8:50 that evening I was

cold sober. But the police de-

partment has four of San Fran-

cisco's finest, who would stand in

court and swear, unanimously,

that I was completely drunk. Mr.

Ausland told us that when he

questioned them they told him

precisely this, with straight faces.

Reluctantly then, I accepted the

bargain with justice and the case

.Was promptly dismissed.

Now despite the dismissal, and

even though Mr. Ausland was

kind enough to send me a letter

stating that he recommended the

dismissal because he could see no

reason for prosecuting, the fact

remains that I, an innocent per-

son, now have a record of an ar- |

rest. I may never know what

damage this record has done or

may do. My professional status

depends partly on my character

reputation: I maintain that an ar-

rest record, even though it be fol-

lowed by dismissal of the charges,

is damaging to this reputation

and that therefore the police de-

partment and the city which sup-

ports and tolerates this depart-

ment has done me an injury for

which I have not received retribu-

tion. At least I can rightfully ex-

pect that the record of this arrest

be erased completely.

Department Needs Fumigation

Perhaps, even though I may

have lost out a bit, the informa-

tion which this letter contains,

along with that sent by others

who have also been victimized,

will help to bring about the neces-

sary fumigation of the San Fran-

cisco police department.-A.L.R.

P. S. Of what value against

criminals is important police evi-

dence when the department is re-

puted to practice routine perjury?

Criticize State

Dep't's Handling

Of Kershaw Case

The American Civil Liberties

Union) called upon the State De-

partment recently to make a

"clearer explanation of its rea-

sons" for barring a stage man-

ager from accompanying his act-

ing troupe to the recent Brussels

World Fair. A Department state-

Pee had named James Kershaw

"unacceptable" to travel with.

fhe group but had failed to offer

amplification for its reasons.

In a letter to Secretary of State

Dulles, ACLU's executive direc-

tor Patrick Murphy Malin reaf-

firmed a protest by the Northern

`California ACLU which protested

the issue. Kershaw, a_ stage

manager for the San Francisco

Actor's Workshop, had been no-

tified of the injunction only a

few days before the troupe left

New York City. Neither he nor

the public were given any specific

reasons for the Department's ac-

tion.

"The spirit of due process,"

Malin wrote Secretary Dulles,

"which includes the right of the

individual to confront his accuser

and answer charges which have

been made against him, is vio-

lated by the Department's ac-

tion."

Citing reports that the State

Department's action may have

been based upon Kershaw's

attendance in the now-defunct

California Labor School, which

~had been named "subersive" by

the Subversive Activities Control

Board, Malin emphasized that "if

this is true, it only compounds

the original error. We fail to see

the relevancy of such attendance

-the circumstances are not

known-to the job of stage-man-

aging a theatrical group," Malin

stated. "That such a job is sensi-

tive" and endangers the national

security would be advancing the

concept of security to fantasy.

"The harm in this case has al-

ready been done," the ACLU

executive director asserted, "but

we strongly urge that the wrong

could somewhat be mitigated if

the Department offered Kershaw

an apology, or at least a clearer

explanation of the reasons for its

action."

The State Department replied

to the ACLU letter that a Con-

gressional appropriation commit-

tee "in discussing publicly the

appropriations of. funds to the

Department for the performing

arts program in foreign countries,

`made known its desire that the

personal history of each artistic

entity and person to be supported

by the U. S.... be carefully ex-

amined." The State Department

spokesman, Assistant Secretary

Andrew H. Berding, said that

Kershaw had been "examined un-

der this criteria and not from

the standpoint of loyalty or se-

curity, or eligibility to travel

abroad." However, he did not

disclose the reasons for the De-

partment's ban.

S.F. Police

Drag-Net

Continued from Page 3-

-publiec, but in so doing it seems

to me the public is entitled to a

certain amount of respect. This

time wasted on putting my

brother through the "third de-

gree" so to speak, was a waste

of the San Francisco taxpayers'

money. The humiliation to my

brother and the possibility. of hav-

ing a police record is immeasur-

able in terms of the harm done to

him. All of this could have been

avoided with a single telephone

call to Nava] Authorities to verify

his statement, or if the officers

had been intelligent enough to

read his identification card. How

would you like to have this hap-

pen to a member of your family?

It-is unlikely that it could happen

to you, but I certainly would not

like to have it happen to me.

As mayor of this city, you

should be aware of this behavior

on the part of police officers,

which is the real purpose of this

letter. I hope you will do some-

thing about it-Gloria S. Napier,

_ San Francisco.

Seek Review of

lue Law' Issue

In High Court

Last month, the United States Supreme Court was asked

to review the problem of "blue laws' which interfere with the

right of religious liberty.

The request was made by the American Civil Liberties

Union, and its affiliate, the Ohio Civil Liberties Union, in`a

case testing an Ohio law barring

persons over 14 from working on

Sunday or Saturday except for

work of "necessity or! charity."

The civil liberties groups urged

the high court to review the con-

viction of Coleman Ullner, own-

er of a clothing, housewares and

' home furnishings store in Hamil-

ton, Ohio, a suburb of Cincinnati.

Uliner is president of an Ohio

corporation which kept the Ham-

-ilton store open on Sunday. The

lower. court conviction was af-

firmed by the Ohio Supreme

Court,

A friend of the court brief

filed by the civil liberties organ-

izations charged that the Ohio

law "is a clear violation of the

constitutional provision guaran-

teeing freedom of religion" and

its application "results in an il-

legal discrimination between peo-

ple of different religious sects."

Asserting that the Supreme

Court had not declared its view

as to the constitutionality of

"blue laws" in 58 years, the

ACLU said the Ohio case was a

"worthy and important object of

attention." The ACLU added

that in the last half century a

large number of discriminatory

state laws and municipal ordin-

ances had been adopted resulting

in numerous prosecutions that

raised unresolved federal consti-

tutional questions.

"Many of our citizens belong

to religious groups which require

them to refrain from work on

days other than Saturday and

Sunday," the ACLU brief said,

noting that the Ohio law made

no exception for such individuals.

Pointing up the economic dis-

crimination resulting from the

law, the brief stated, "Since the

statute forces them to refrain

from working on Sunday and

their religion. requires them not

to work on another day, they are

limited to five days a week in

which to earn their bread. On

the other hand, those whose day.

of religion observance happens

to coincide with the provisions

of the statute are allowed to

work six days a week. The same |

is true for those who have no

formal religious belief. . . The

economic discrimination which

results from an application of the

statute in question clearly aids

the people of one religious group

over another by giving the -for-

mer an advantage in their pur-

suit of economic gain. In es-

sence, the state is imposing a

serious financial obstacle in the

path of free exercise of an in-

dividual's religious beliefs."

Answering Ohio's argument

that the "blue law" was enacted

to aid the public welfare by re-

quiring its citizens to havea cer-

tain amount of rest each week,

the brief disagrees with this con-

tention. "... . historical research,"

the ACLU said, "clearly iridicates

the religious basis of Sunday leg-

islation."

In stressing that the Ohio case

gives the high court an oppor-

tunity to clarify the constitution-

ality of "blue laws," the civil lib-

erties organizations said "there

is at present a widespread na-

tional non-observance of much of

this Sunday"legislation. Such gen-

eral non-observance indicates

both a dissatisfaction with the

principles behind such legisla-

lation and a clear lack of connec-

tion between these laws and the

public health. Despite the

changed times in which we now

live and despite the current

prevalence of laws regulating

work which are not based on re-

ligion, this Court has not con-

`sidered the merits of the consti- ~

tutionality of these laws for 58

years. There has therefore been

nurtured an anachronism in the

law which is no longer of benefit

to the community and which vio-

lates fundamental constitutional

rights."

Dismiss Suit to

Enjoin Exclusion

Of Reporter

Superior Judge Curtiss E. Wet-

ter of Tehama county on Decem-

ber 18 dismissed a complaint

seeking to enjoin the Board of

Supervisors' from executing a

`threat to exclude a reporter of

the Corning Daily Observer from

its meetings. Counsel for the

newspaper was given 10 days in,

which to amend the complaint. -

The court action stems from an

incident at a November 24 meet-

ing of the Board of Supervisors.

Chairman Al Pryor objected to

an editorial in the Observer. "I

want this officially entered on the

minutes of the board," said he. "I

want a record made of this.

"We can and we will keep this

newspaper-or anyone else-from

impeding legislative action by the

board of supervisors. This news-*

paper story is clouded, colored

and slanted. If it occurs again,

I am going to ask the board to

bar the present representatives of

the Corning Observer." At the'

next meeting of the Board press

representatives were required to

sit with the audience.

During the course of the court

hearing, Judge Wetter indicated

that "if anyone was actually ex-

pelled from a board meeting, I

would immediately issue an in-

junctive order."

The first che of a citizen

Is the right

To be responsible.

7OIN Loney

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

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