vol. 26, no. 10

American

Civil Liberties -

Union

Volume XXVI

San Francisco, October, 1961

CONGRESSWOMAN EDITH GREEN

Twenty-seventh Anniversary

The twenty-seventh anniversary meeting of the ACLU of

Northern California will be held Friday evening, October 13,

1961 at 8 o'clock in the auditorium of the Hall of Flowers,

Ninth Avenue and Lincoln Way, San Francisco. The Hon.

Edith Green, distinguished Congresswoman from Oregon,

Halt Prayers at S.F.

now serving her fourth consecu-

tive term from the metropolitan

Portland area, will address the

meeting on the subject of "The -

Unholy Alliance." Her speech

will concern itself with the im-

pact on civil liberties of the al-

liance between the radical right,

fundamentalist religious groups

and the Military.

_ Report from Besig

Also on the program will be

Ernest. Besig, ACLU executive

director, who will report on the

state of the Union.

The occasion is noteworthy be-

cause it will mark the first time

that the Union's annual meeting

has been addressed by a woman.

Congresswoman Green is an

outstanding member of the

House Education and Labor Com-

mittee. She is also one of only

six members of Congress who

earlier this year voted against

appropriations for the House

Committee on Un- American Ac-

tivities.

Former Teacher

Mrs. Green is chairman of the

House Special Subcommittee on

Education. She is particularly

qualified for this position by rea-

son of her 14-year experience as

a public school teacher, as public

relations director of the Oregon

Education Association and as an

organizer for the Oregon Con- -

" -Continued on Page 4

School Affer ACLU Protest

Prayers at Patrick Henry

Grammar School in San Fran-

cisco were discontinued last

month after a complaint made by

the ACLU to Dr. Harold Spears,

Superintendent of Schools. Dr.

Spears said he did not know of

the practice, did not support it, -

and would have it discontinued

at once.

-"T9 Thee We Pray"

Each morning, following the

flag salute, the children were re-

quired to place the palms of

their hands together, pointing

upwards, and, led by the princi-

pal; recite the last stanza of

"America," changing one line,

however, to say ."To Thee we

- pray," instead of "To Thee we

sing.) =

The ACLU has received infor-

mation that this practice existed

for the past two years. "Since it

is of such long standing," said

Ernest Besig, ACLU executive

director, in a letter to Dr.

Spears." I am wondering whether

it did not come to the attention

of the head of your elementary

school department. Certainly, she

ought to be informed as to open-

Constitution.

Membership

Figure at

High of 5100

On August 31 the membership

of the ACLU of Northern Cali-

fornia reached a new high record

of 5100. This is a gain of `519

members over the 4581 the ACLU

had at this same time last year.

In addition, there are 202 sep-

arate subscribers to the NEWS

compared with 174 a year ago.

At this writing, the August

record has already been sur-

passed and the paid up member-

ship presently stands at 5121. The

membership is expected to hover

around the 5100 mark until the

end of the fiscal year on October

3k, 2

Seventy-nine percent of the

ACLU's supporters reside in the

following 33 northern California

communities which have 20 or

more members and subscribers:

Incr. -

-or

1960. 1961 Decr.

San Francisco 1053 1120 67

- Berkeley 927 O71 44

Palo Alto - 243 2430x00B0 --

Oakland - PAO 2222 7 12

Sacramento 117 "6155338

Mill Valley 1122 26: 2 14

- Menlo Park 96 95 (1)

_ San Mateo 86 93 7

Davis 52 86 "34

El Cerrito 74 81 7

San Jose 72, 81 9

`Fresno 45 ie - 30

Sausalito 58 . 67 9

San Rafael 57 66 9

Stockton _ 33 66 33

Los Altos 65 6 -

Redwood City 50 59 9

Stanford 77 Dp (22)

Richmond 63 Si G2)

Santa Cruz 38 48 4

Modesto _ = 41 21*

Orinda Sa. 239 6

_ Hillsborough 36 36-

Los Gatos 21 32, 5

Napa a B22. 13%

Carmel 30 31 1

Walnut Creek 33 29 (4)

Lafayette 23 26 3

San Anselmo 26 265-2 -

Kentfield | 2A 23.2.

Burlingame e 20 ie

Corte Madera Ze 20 (1)

Santa Rosa 2 20 ibe

*Not on the list last year so

exact increase unknown.

ing exercises at the various

schools."

Attorney General's Ruling

In 1955, the California Attor-

ney General declared: "We be-

lieve that the feumer rulings of

this office are correct in holding

that classroom prayers, like class-

room Bible readings would be

unconstitutional. It is true that

the majority of our people are

Christians or Jews, so that. sim-

ple prayers to a Supreme Being

would not be incompatible with

-the views of most students in

the public schools. Nevertheless,

even atheists and agnostics are

protected in their beliefs by the

... In the last anal-

ysis it is one of the fundamen-

tals of American government

that the home and the church

have total responsibility for the

religious training of each child;

the state may not constitutionally

intrude upon that responsibility.

The ACLU urges parents to

phone or otherwise communicate

with its office if the public

schools their children attend en-

gage in practices that violate the .

doctrine of separation of Church

and State. Eternal vigilance is

_ the price of liberty!

-backwards and forwards,"

~ nial conference

A $540,000 damage suit: seaeiine four persons with in-

vasion of privacy and illegal circulation of police "mug shots"

was filed last month by three University of California students

involved in the May, 1960, demonstrations against the House

Committee on Un-American ates in San Francisco.

The suit, which, is supported

by the Southern California

ACLU, charged that circulation

of the photos is an outright vio-

lation of a state law prohibiting

the use of police information by -

_ private persons.

The statute bars the use of

police data

"maliciously harassing, degrad-

A 0x00B0 : :

in This Issue...

ACLU Argues Against Ban-

ning Women on Jury... p. 4

ACLU Supports FCC Probe

of Programming ....... p. 2

Challenge Deportation of

Welfare Clients . Jey

New Hall of Justice - Same

Old Run Around ....... p. 2

Three New ACLU Board Mem-

bers; Five Re- Elected 2 pi 3

-p.3

Lord's Prayer

May Open Jail

Door, Says Judge

A statement by Santa ge

Municipal Court Judge James J.

Scappetoni that he would con-

sider suspending the remainder .

of a defendant's sentence if he

would "Learn the Lord's Prayer

last

month drew a protest from the

American Civil Liberties Union.

According to. press reports,

one Richard T. Carney, 19, was

sentenced to 60 days in jail after

a plea of guilty to a drunk driv-

ing charge. After a discussion

centered around hard work and

prayer, the Judge asked if Car-

ney knew the Lord's prayer.

"No, your Honor," he an-

swered.

"Learn it," the Judge replied.

"Learn the Lord's prayer back-.

wards and forwards and I will

consider suspending the remain-

der of your sentence."

Ernest Besig, ACLU executive

director, asked the judge to

clarify the newspaper report. "If

the story is correct," Besig's let-

ter went on to say, "then it

would seem to us that you have

fallen into error in using your

powers as a judge to influence

the religious beliefs and prac-

tices of a defendant." At press

time, no response had been re-

ceived from the judge.

Biennial Conference

Set for Next June

The national board of direc-

tors of the American Civil Lib-

erties Union last month decided

to hold the organization's bien-

in New. York

City from June 22-24, 1962, -

The cenference is taking place

later in the year than usual be-

. cause of the departure of the

present -executive director on

April 1 "and the general work

pressures - especially in the

courts - song that time."

for the purpose of

ga =

HUAC.

ing, or humiliating any person."

The three students, Irving W..

Hall, 25, and George F. Murray,

27, of Berkeley, and Robert S.

Meisenbach, 22, of Stockton,

were among 63 persons arrested -

and later cleared of all charges

following the City Hall "riot"

which occurred during the May

1960 hearings of : the

_Charges against all but one of.

the students were - dismissed.

Meisenbach was tried and acquit:

ted in the Superior Court on

charges of assaulting a police of-

ficer. during the demonstration. |

He was acquitted after a lengthy.

trial." g

Widely Circulated

The police photos-a montage |

of all 63 persons showing both

full views and profiles - have

' been widely circulated at public

meetings in southern California,

primarily through a leaflet con-

taining the "mug shots" and ex-

cerpts from a report entitled.

"Communist Target: Youth" by

FBI director J. Edgar Hoover.

The photos were also circu-

lated in a newspaper, "Ameri-

cans on Guard," published in

Costa Mesa. a

Enlargements of individual

photos have been distributed at

public meetings where the

HUAC-endorsed film, "Operation |

Abolition," has been debated. ~

Hall, a graduate student on the

Berkeley campus, has addressed

numerous Democratic Clubs and

students groups on the many dis- .

tortions of "Operation Aboli- -

tion." At several of such meet-

ings, the "mug shots" were cir-

culated among the audience.

Miss Allbright, one of the de-

fendants in the suit, debated

against Hall as a representative

of the Free Enterprise Speakers

Bureau of the Coast Federal Sav-

ings and Loan Co.

The other defendants are

Thomas Hoag, Jr., of Anaheim,

who also debated against Fall at.

a meeting on the University of

Redlands campus; D. B. Gray-

bill, who allegedly circulated the

photos among the audience at a

meeting of the Westwood Demo-

cratic Club; and Frank C. Mar-

tinez, editor and publisher of

"Americans on Guard," which

published the montage in its

May-June, 1961, edition. :

The suit contends that. the

photos were taken solely for the

confidential use of the San Fran-

cisco police department, and are ~

being used maliciously to harass

the students.

J. Edgar Hoover, Attorney

General Stanley Mosk, and the

San Francisco Chief of Police

Thomas J. Cahill have all denied

release of the "mug shots" in

question. As a matter of fact, an -

4

an identical paste-up of the 63

mug shots was at one time in the

room of the Intelligence Squad

at the San Francisco Hall of

Justice.

American Civil Liberties Union

503 Market St.

San Francisco 5, Calif.

Francisco. | enclose $.

envelope.

Address ..

City cece ceoee

eeeeveeoveoe oe

. ORDER FORM for sy

ANNUAL MEETING TICKETS

Please send me............. 27th Annual Meetings ticket(s), at

$1 per person, to hear Hon. Edith Green, Friday evening, October 13,

1961 at the Hall of Flowers, Ninth Avenue and Lincoln Way, San

eoeeeeeevee2e00

`Name (please print) Oe ee ee Se ee err er rs

CoCo CET TOSC OHS COTE SOT HELL ECE OL HEE EOL LOO COCO OE

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2

- AMERICAN CIVIL LIBERTIES UNION NEWS

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Second Class mail privileges autnorized at San Francisco, Calif.

ERNEST BESIG . . . Editor

503 Market Strest, San Francisco 5, California, EXbrook 2-4692

Subscription Rates-Two Dollars a Year

Twenty Cents Per Copy

Philip Adams

Theodore Baer

Prof. Arthur K. Bierman

Rev. Canon Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard De Lancie

John J. Eagan

Samuel B. Eubanks

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

Rev. F. Danford Lion

Board of Directors of the American Civil Liberties Union

of Northern California |

CHAIRMAN: John M. Fowle

VICE-CHAIRMAN: Dr. Alexander Meiklejohn, Helen Salz

SECRETARY-TREASURER: John M..Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Prof. Van D. Kennedy

John R. May |

Lloyd L. Morain "

Prof. Charles Muscatine

William M. Roth :

Prof. Nevitt Sanford

Rev. Harry B. Scholefield

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Donald Vial

Harold Winkler.

GENERAL COUNSEL

Wayne M. Collins

ew Hall

| of Justice --

Same Old Run Around

A move to new quarters by the San Francisco Police De-

partment has not ended a propensity for abuse of petty

bureaucratic power. On September 14, 1961, a representative

of the San Francisco chapter of the Congress of Racial

Equality (CORE) called at the new Hall of Justice to obtain

a police permit to operate a

: sound truck on the following

weekend to publicize a protest

against the "whites only" policy

of the Washington Redskins pro-

fessional. football team. The

CORE representative, after in-

forming the officer in charge of.

the permit bureau of the pur-

pose for which the permit was

desired, was sent to several other

offices in the building in search

of the necessary information and

forms. Finally, after having been

directed back to the permit

bureau he was told that no ap-

plication forms were available

even though he had seen some in

the office earlier.

Chief's Permission Needed

The applicant was then told that

the only way to get a permit was

by getting the personal permis-

sion of the Chief of Police. On

calling at Chief Cahill's office,

he was told that the Chief was

out of town and would not re-

turn until after the week end.

Checking Fingerprints -

The next day, Friday, when the

ACLU was consulted, the officer

jn charge of the permit bureau

was again consulted and this time

stated that all applicants for per-

mits had to be fingerprinted and

the prints sent for a check to

Washington, D.C. which would

take ten days, and there was no

way of speeding up the process.

Since the permit was wanted for

the next two days, this was an im-

_possible requirement as.well as

being patently unreasonable.

However, time was too short for

dJegal action and so channels with-

in the police department were

tried. :

j Legal Officer Vanishes

' At about 4 p.m. Deputy Chief

Al Arnaud, the legal officer of

| Lerry Speiser

`Appears On

KPFA Oct. 2

An interview between Law-

rence Speiser, Washington, D.C.,

executive director of the ACLU

`and former staff counsel of the

ACLU of Northern California,

and Trevor Thomas, entitled

"Civil Liberties on the New

Frontier,' will be broadcast over. .

FM Radio Station KPFA- in

Berkeley on October 2nd at 9:15

p.m.

ACLU NEWS

Paae 2

October, 1961.

the po lice department was

reached. He was informed of the

fingerprint requirement and of

the fact that there was no author-

ity for it in the police code gov-

erning the issuance of permits.

Deputy Chief Arnaud expressed

`surprise at the fingerprinting and

indicated that he had never heard

of such a requirement. He pro-

mised to check into it and. call

back immediately. However, no

call was reteived and when Ar-

naud was called at about 5 p.m.

he had left for the-day. So it

was that CORE was not able to.

use a sound truck to pursue their

First Amendment rights. How-

ever, they did engage in peaceful

picketing. -M.W.K.

Relief Denied

In illegal

Detention Case

Ina per curiam opinion filed

September 13, 1961, the U. S.

Court of Appeals for the Ninth

Circuit held that incommunicado

detention for nine or ten days

before arraignment does _ not

violate the U. S. Constitution

where the detention was done

by state police officers for the

purpose of obtaining evidence in

a state criminal trial. The con-

trary contention was raised in

a brief filed with the. appeals

court by ACLU staff counsel

Marshall Krause in a _ habeas

corpus action brought by three

eonvicted robbers now *(R)serving

terms in San Quentin prison.

The ACLU brief in the habeas

corpus action, where only con-

stitutional issues may be raised,

argued that the detention (which

was seven days longer -than that

permitted by state law) should

be held in violation of constitu-

tional rights for two reasons.

First, because a person held by

the police for nine or ten days

without the chance to see any

impartial person, let alone a per-

son who might be friendly to the

prisoner, is put under intolerable

pressure to confess; and, second,

a person held incommunicado for

such a long period of time is -

greatly handicapped in prepar-

ing his defense once he is al-

lowed to contact friends and see

a lawyer. The appeals court in

denying the writs did not choose

to answer these arguments.-

M.W.K. e

- members

Macks Sue for

Restoration

Of Credentials |

Applications for writs of man-

date on behalf of Rita Judd

Mack and William Noble Mack

were filed on September 12 in

the Superior Court of San Fran-

cisco seeking the restoration of

their teaching credentials. The

.Macks have been represented by

the ACLU ever since mid-1959

when the Credentials Commis--

sion of the State Board of Edu-

eation instituted proceedings to

revoke their credentials on the

ground that they had falsely

stated in their Levering Act

oaths that they had not been

of an organization

which advocates the overthrow

of the government by force and

violence.

Were Members of C. P.

Both of the Macks freely ad-

mitted that they had been mem-

bers of the Communist Party

until 1957 when they resigned.

They contend that their answers

to the Levering Act oath were

truthful because as rank and file

members of the Party they did

, things such as pass out leaflets,

circulate petitions, and discuss

current affairs and Marxist phil-

osophy, but, they testified, never

did they hear the question of

violent overthrow discussed at

any Party meeting even inthe

abstract, nor did they see any

discussion of this question in

Party literature.

Improper Procedure

The ACLU contends in the

writs now on file that not only

is there no evidence that the

Macks knowingly falsified their

oaths, but that the State Board

of Education followed an im-

proper procedure when it re-

jected the first report of its

hearing officer, asked that a

second report be submitted and

then had the hearing officer

testify as to what he meant by

the second report-all the while

denying the -repeated requests

of the Macks' counsel that he be

allowed to appear before the

Board for the purpose of oral

argument or at least for the

purpose of making sure that the

facts were accurately presented

to the Board.-_M.W.K.

Monterey County

Chapter of CLU

Established

The board of directors of the

ACLU of Northern California

last month voted to establish the

Monterey County Chapter. The

officers of the new group are

Joseph Wythe, chairman; Francis

Heisler, vice-chairman; Charles

A. Stewart, secretary and Ralph

B. Atkinson, treasurer.

In addition to the officers, the

members of the board of direc-

tors of the chapter are as fol-

lows: William Carnie, Jr., Har-

well Dyer, Dr. Joyce Fielding,

Myron Haas, Dr. Scott Heath,

Mrs. Ruth Kahn, Edward Ken-

nedy, Linden Leavitt, Jr., Donald

Metts, Mrs. Virginia Shaw, Mrs.

Carla Stewart, Mrs. Doris Suo-

janen, Max Tadlock, Dr. C. B.

Van Niel, and Dr. Herbert Wies-

~enfeldt.

Under the By-Laws of the

_ chapter, adopted at an organiz-

ing meeting held at the Mon-

terey Peninsula College on Sep-

tember 6, "All members in good

standing of the American Civil

Liberties Union of Northern

California, living within the

jurisdiction of this chapter, may

be members." The chapter covers

Monterey county. Persons want-

ing to associate themselves with

the chapter chould contact the

treasurer, Mr. Ralph B. Atkin-

son, Coast Route, Monterey.

The ACLU of Northern Cali-

fornia now has four chapters:

those in Marin and Monterey

counties, the Peninsula Chapter

(centered around Palo Alto) and

the Sacramento Valley Chapter.

_In addition, there is a student

chapter at the University of Cali-

fornia in Berkeley.

Radio and TV Wasteland

Denying that the Federal Communications Commission's

review of program service by radio-TV stations is govern-

ment censorship, the American Civil Liberties Union de-

clared today that the FCC "has an affirmative duty" to in-

vestigate programming in connection with its protection of

the "public interest, convenience

-and necessity."

Statement Filed With FCC

`The Union's views were con-

tained in a statement. filed with

the FCC commenting on the

Commission's proposed amend-

ment of the section covering

program service in license ap-

plications. The amended form

would require applicants for new

or renewal licenses to supply de-

tailed information on the sched-

uling of commercial announce-

ments, define classification of

categories of programs, including

local public service productions,

identification of every program,

and retention of well-kept logs

for a period of three years.

Not Censorship

Noting that many broadcasters 0x00B0

have charged that the demand

by the FCC for such detailed in-

formation about programming

would be either a "prior or sub-

sequent restraint . . . upon,the

free exercise by a licensee of his

First Amendment freedoms," the~

ACLU said: 3

"The Commission's aim is not

to censor specific programs, but

to ensure a balance of categories

of programs- whether those

shown fall into the religious, in-

structive, public affairs, agricul-

`tural, news, sports or other un-

named categories; and also about

types within these categories,

such as- children's, education,

controversial or 1oecental interest

programs.

"Certainly it would be censor-

ship, i.e., restraint, for the FCC

to rule that a station, in order

to have its license renewed, must

discontinue showing a particular

Western. ... But it patently

would net be censorship for the

FCC to rule that programming

composed almost entirely of

Westerns was not sufficiently di-

_versified or responsive to the

community's needs to satisfy the

law's requirement that the pub-

lic interest, convenience and

necessity be served.

Antidote to Censorship

"Far from being censorship in

violation of the free speech

clause of the First Amendment,

such implementation of the law

by the Commission would con-

stitute a much-needed antidote to

. the tremendous commercial pres-

sures within the industry which

_ too often result in the elimination

of controversial and stimulating

material-pressures which might

indeed be called censorship in

reverse."

As to the Commission's legal

powers under the 1934 Act, the

Union expressed itself "in thor-

ough agreement with the state-

ment made by former Attorney

General Rogers in his 1959 re-

port to President Eisenhower.

"No action by the Commission,"

Mr. Rogers said, "has ever been

held by the courts to constitute (c)

censorship or to violate constitu-

tional protections of freedom of

speech or freedom of the press."

Since the courts have consistent-

ly upheld the Commission's

right to review the program serv-

ice offered by licensees, the

Union cautioned against permit-

ting this reheated constitutional

argument to obstruct the Com-

mission in the fulfillment of

its legislative and constitutional

mandate.

Right To Be Informed

The ACLU statement struck

hard at the point that FCC regu-

latory power was particularly

necessary today because of the

public's dependency for informa-

tion on the mass communications

media. "In the early years of our

Republic," the statement said,

"when communications were al-

most entirely by word-of-mouth

or by a few laboriously printed

news sheets, freedom of speech

and the press was properly con-

sidered as a right belonging to

the disseminators of information,

both public and private. How-

ever, as mass communications

media were developed and as

our country expanded geographi-

cally, our citizenry became more

and more dependent upon the .

mass communications media for

information which would enable

them to function properly as in-

formed citizens in a democracy.

... The concept of the protection

of freedom of speech and press

has come to include not only the

right of an individual to speak

his mind, but also the right of

the public to be informed.

Diversification Necessary

"The First Amendment guar-

antees of free speech and free

press do not represent special-

interest legislation. These guar-

antees are upheld by our Con-

stitution and. by our courts in

aid of our underlying philoso-

phy. Our society and our democ-

racy can flourish only so long as

. there is a free and complete ex-

change of ideas and information.

When we talk of freedom of

speech in connection with radio

and television therefore, we are

talking about the right of each

community serviced by a station

licensee to receive balanced, di-

versified and responsive pro-

gramming, so that its citizenry

may best be equipped to fulfill .

its function in a democratic

society."

Emphasizing its civil liberties

concern about lack of diversity

in television, the ACLU said that

FCC Chairman Minow `was all

teo accurate when he character-

ized our television on a national

basis as a `vast wasteland'."

While acknowledging the exist-

ence of many fine programs and

an evident desire on the part of

some broadcasters to improve

their output, "television has

hardly tapped its great potential:

`to benefit society,' the ACLU

Statement said. -

Realities of Situation

"So far as we have been in-

formed, the industry's. champions

do not deny that most of what is

seen on local television screens

throughout the land is geared

to the lowest common denomima-

tor of mentality and tastes, and

that. what creative and provoea-

tive programs there are on local

screens are usually relegated to

hours when people are sleeping

or working. These realities over-

ride all the hopeful .words and

flowery dreams of those leaders

of the industry who say, `Leave

it to us. We're doing fine.' "

Monopoly Control

Reverting to its theme that the .

airwaves, which are publicly-

licensed channels, need govern-

mental review, the ACLU said

that they are a monopoly which

has vast control over society.

"Unlike any other communiea-

tions media known to man, the

number of broadcasting stations

and channels are severely lim-

ited by purely technical con-

siderations. Not. only is the

holder of a license from this

monopoly financially privileged

beyond most men, but he is made -

the recipient of perhaps the

most extensive and important

privilege given to individuals in

our society, namely, the right to

influence, through the most di-

rect and persuasive device now

known to man, the minds and.

thoughts and feelings of .many

other men. In a democratic so-

ciety it is intolerable to contem-

plate the licensing of such im-

-Continued on Page 4

ACLU office:

`Also available:

companied by payment.

Books Available at ACLU

The following three paperback books are for sale at the

"The Un-Americans," by Frank J. Donner, published by

Ballantine Books, Inc. Presents in a popular manner the Com-

mittee's abuses over the years. Price, 60cent.

"Grand Inquest," by Telford Taylor. Ballantine Books, `Ine.

This excellent book was first published in 1955, and deals

generally with congressional investigations. Price, 75cent. - :

"The Supreme Court and Civil Liberties," by Osmond K.

Fraenkel. It tells the story of how the high court has protected

the Bill of Rights.. The introduction was written by Joseph |

O'Meara, Dean of the Notre Dame Law School. Price, $1.50.

"Some Illustrations of the Harms Done to Individuals by the

House Committee on Un-American

graphed, illustrative digest of the harms suffered by persons

called to testify, named in hearings or involved in other ways .

with HUAC - published by national ACLU. Price, 25cent.

"Operation Abolition: Some Facts and Some Comments"-

a comprehensive, objective, well-written analysis of distortions

in the film, giving clear evidence of what actually took place

at S.F.'s City Hall in May, 1960-published by the National

Council of Churches. Price, 50cent.

Orders for the foregoing books and pamphlets may be sent

to the ACLU, 503 Market St., San Francisco 5, and must be ac-

Activities" -- a mimeo-

Of '

Challenge Deportation

ents

Challenges of Iowa and Connecticut statutes providing

for the deportation of non-resident persons because they have

gone on county relief are making their way through the

courts.

In the Iowa ease Polk County District Judge Dring N.

Needham assented to the argu-

ments of Sherwin Markman, a

- Des Moines attorney, who "op-

posed the deportation law at the

request of the Iowa Civil Liber-

ties Union. Markman contended

that the Iowa law violated the

interstate commerce clause of

the constitution, the due process

clause and the privileges and im-

munities guaranteed by the

Fourteenth Amendment, the

guarantees of Article IV against

discrimination by a state against

citizens of other states, as well

as several provisions of the Iowa

constitution. |

Towa Law. Unconstitutional

Judge Needham ruled on June

28 that the law allowing deporta-

tion of persons receiving relief

payments who have not acquired

-a year's residence in Iowa was

unconstitutional.

Judge Needham said: "The

Supreme Court of the United

States has held that the privilege

of citizenship of the United

States is protected from state

abridgment,' and a person is

permitted "to enter any state of

the Union either for temporary

sojourn or for establishment of

permanent residence."

The court's opinion cited sev- .

eral decisions by the U.S. Su-

preme Court and by state su-

preme courts in which the right

of citizens to pass freely from

one state to another was upheld.

Judge Needham said that the

U.S. Supreme Court has held

that an alien "with the privilege

of entering and abiding in the

United States has the right to

enter and abide in any state of

the Union. If an alien has the

right, it is difficult, if not im-

possible, to answer the argument

here advanced that a citizen of

the United States should have

the same privilege."

Connecticut. Cases

A 300-year-old Connecticut law

also permitting deportation of

residents of less than a year who

receive welfare payments is

being challenged. A hearing on

the constitutionality of the law

will be held in the fall, although

in the case at issue the questicn

has become academic. Shortly

after preparation for deportation

had `been made, State Welfare

Commissioner Bernard Shapiro

ruled that Mrs. Retha Googe and

her six children would be eligi-

ble for aid-to-dependent-children

payments because they have

lived in the state one year. The

constitutional question is now

being pursued by attorneys of

' the Connecticut Civil Liberties

Union.

Mrs. Googe had asked for a

court injunction restraining de-

portation proceedings to prevent

her from suffering irreparable

damage. She said that if she

were deported to Aiken, South

Carolina. from which she had

come, she would lose her job

in Hartford and not be able to

find another one in Aiken. She .

would have no place to live, and

she would lose personal effects

she could not transport.

An earlier case was also

mooted by a Welfare Depart-

ment ruling. The deportation of

Mrs. Ida English to South Caro-

lina had. been challenged on the

ground that she had demon-

strated her willingness and

capacity to support herself by

securing employment for all but

six of the twenty-eight months

she had been living in Hartford.

US. Circuit Judge J. Joseph

Smith appointed a panel of three

federal judges to hear the case,

but the Connecticut Welfare De-

partment determined that be-

cause of her family obligations,

Mrs. English was eligible for aid

under the Dependent Children's

Program.

Brief Filed In Lundquist Case

The ACLU last month filed a

brief in the State District Court

of Appeal in the case of Frank

Lundquist who was ordered re-

instated to the M.E.B.A.

The history of the Lundquist

ease is involved. The ACLU

first represented Lundquist, who

is a licensed marine. engineer,

`when he was "screened" by the

Coast Guard in 1950 and pre-_

vented from sailing for alleged

security reasons. The basis for

this screening was never re-

vealed to Lundquist and the

screening was withdrawn when

the Coast Guard program was de-

clared unconstitutional in 1956.

Reinstatement Ordered

`In the meantime, Lundquist

had taken a _ voluntary with-

drawal from his union. A Super-

jor court action became neces-

sary to force the Marine Engi-

neers Beneficial Association to

reinstate Lundquist. This action

was successful and Lundquist

was ordered reinstated as of the

date of his application, ne the

court denied that Lundquist was

caused any financial damage by

the "wrongful" exclusion from

membership from 1956 to 1960.

The brief filed last month

seeks. a new trial on the issue of

damages. The brief argues that

if an admittedly wrongful ex-

clusion from a union for 43

months may be accomplished

without the union being respon-

sible for damages, then the de-

sired goal of union democracy

can be effectively subverted by

arbitrary action for which there .

is no real remedy.

i No Card, No Work

The brief also points out that

the union has a virtual monopoly

over the work of marine engi-

neers in the northern California

area and that the union ad-

mitted that Lundquist: would

have had immediate employment

after his screening was dropped

if he had had his union card. -

'MLW.K.

RABBI ALYIN I. FINE

liliness Causes

Rabbi Fine's

Resignation

Rabbi Alvin J. Fine, Chairman

of the Board of Directors of the

ACLU of Northern California

since February 1, 1960, resigned

from the board last month be-

cause of a heart attack he suf-

fered last May 18. The board

accepted his resignation with

deep regret and the hope that

Rabbi Fine's health will permit

him toe rejoin the board in No-

vember, 1962.

Rabbi Fine was a member of

the board from March 1954 to

the summer of 1958. He was re-

elected in November 1959 and

several months later became the

Union's fifth chairman in its 27-

year history.

Rabbi Fine has been the

spiritual leader of Temple

Emanu-El in San Francisco since

May, 1948. He is a distinguished.

scholar, an eloquent speaker, an

outstanding leader, a courageous

and dedicated civil libertarian

and a fine human being for

whom the members of the board

have great affection.

Opposition to

"Released Time'

Program in Berk.

On September 1, a group of

18 Berkeley citizens released a

statement directed to the Board

of Education, the Superintendent

and fellow citizens. It seriously

questioned the `value of the pro-

gram of released school time for

religious instruction, "especially

since it is at present carried out

in a way that conflicts with the

educational program of the

schools. The majority of parents

do not seem to be interested in

the program,' the statement

went on to say. "Last year out of

2443 children registered in the

5th and 6th grades, 657 took .Re-

leased Time. This is little more

than one-fourth. Classroom. in-

struction for the other three-

fourths of the children stopped

while this one-fourth were at-

tending Released Time."

However, in view of "genuine

and strong disagreement,"

group suggested two possible

solutions:

"1. Retain the Released Time

program, but let the classes be

held before school, in the noon

hour and after school as is at

"present done in some of the

schools with the PTA foreign

language program and other ex-

tra-curricular educational activ-

ities.

"2. Retain Released Time dur-

ing school hours as it is sched-

uled at present but direct the

teachers to continue with class-

room instruction in spite of the

fact that some children will leave

to participate in the Released

Pime program. Parents who ask

that their children be excused to

participate in Released Time will

have to be responsible for seeing

to it that the instruction they

miss is made up for as is done

when children are excused from

class for other activities."

Mrs. Ann Webb, 2733 Derby

St., Berkeley, and Ramona Ana-

nia, 2617 Hillegass, were listed

as co-chairmen of the "Commit-

tee to Protest Released Time."

the -

Annual Elections

_ Last month, three persons were elected to the Board of

Directors of the ACLU of Northern California for three-year

terms beginning November 1, while five persons were re-

elected for three-year terms. The new members of the board

are Dr. Alfred Azevedo, San Francisco Adult School Principal,

Prof. Herbert L. Packer of Stan-

ford Law School, and attorney

Clarence E. Rust of Oakland, a.

former board member of many

years' service.

Five Re-elected

Re-elected to the board were

Professors James R. Caldwell and

Van Dusen Kennedy of the Uni-

versity of California in Berkeley;

John R. May, executive director

of the San Francisco Foundation;

William M. Roth, board chairman

Letters to

the Editor .

Awakening Public Opinion

Editor:

The ACLU has continued to

remain in the forefront of the

never ending struggle to protect

civil liberties, and its. current

legal involvements would clearly

indicate that it plans to maintain

its leadership in this field.

`However, it seems to us that it

is the responsibility of the ACLU

to do more than simply engage

in the forays of the legal arena,

important as that work is. With

such militant groups as the John

Birch society increasing their

activities toward curtailment of

civil liberties, it is imperative

that the ACLU step right into

the battle and serve as a catalyst

for awakening public opinion to

the dangers which we face from

such potentially powerful anti-

democratic groups.

An article in the Sunday, May

21, 1961, edition of the New York

Times. (page 54) clearly shows

the power and. destructive nature -

of such groups with a case study

of occurrences earlier this year

and last in the state of Illinois.

Another eye-opening article can

be found in the Nation magazine

for July 29, 1961, ~

Its authors, University of

Washington political scientist,

Alex Gottfried, and his wife de-

scribe the series of events which

occurred in the city of Seattle

and outlying areas as a result of

aggressive actions of right wing

extremist groups who, in partic-

ular, promoted their two popular

films, "Operation Abolition" and

"Communism on the Map" to

wide audiences.

The article emphasizes a point

which we feel bears repetition,

and that is the fact that "the

willingness of individuals to

identify with a liberal position

has never translated itself into

any practical organized program

of .action." Furthermore, the

article continues, it is the ACLU

of Washington which is "best

equipped in terms of will, skill

and experience" but which will

not enter into areas where no

civil liberties infringements are

involved.

We realize that the limited

-budget of the ACLU is tied up

in its very important legal

actions. However, we feel very

strongly that the ACLU, nation-

ally and locally, is missing out

on a tremendous opportunity to

make its members more than

simply dues payers. We feel cer-

tain that there would be hun-

dreds of members locally and

thousands nationally who would

gladly welcome an opportunity

to actively serve the credo which

they believe in, if given a frame-

work in which to channel their

actions.

Won't someone step forward

to eoordinate and give leadership

to these individuals?

for action seems to be now.-

Bettey and Eric Spiekerman, Jr.

The time -

of the Pacific Life Assurance

Co.; and Donald Vial, assistant

to the secretary-treasurer of the

California. State Federation of

Labor. Prof. Alexander Meikle-

john and Mrs. Helen Salz will be-

come life members of the board.

Three Ineligible

Under the By-Laws, which re-

quire board members to retire

for at least one year after serving

two full successive three-year

terms, the following three per-

sons were ineligible for re-elec-

tion at this time: Philip Adams,

San `Francisco attorney, who has

been a member of the board for

22 years; William K. Coblentz,

San Francisco lawyer, who has

served on. the board since 1955;

and the Rev. Oscar F. Green of

Palo Alto, who has served on the

board since November, 1941.

Prof. Herbert L. Packer

Prof. Herbert L. Packer, 36,

holds B.A. and LL.B. degrees

from Yale. He is admitted to

practice in New York and before =

the U. S.-Supreme Court. From

1949-1950 he was Law Clerk to

Judge Thomas W. Swan of the

U. S. Circuit Court, while from

1950-1955 he was associated with

the Washington law firm of Cox,

Langford, Stoddard and Cutler. He

came to Stanford in 1956 and

was appointed Professor of Law

in 1959. He is married and has

two children.

Co-Editor of Book

Prof. Packer was the co-editor

in 1955 with Adam Yarmolinsky

and others of a book entitled

"Case Studies in Personnel Se-

curity." He has also published

law review articles and teaching

materials, and was co-author of

an article in Harper's Magazine.

He is a member of the American

Bar Association and the A.A.U.P.

In 1961, he was apointed a mem-

ber of the Attorney General's

Committee on Poverty and the

Administration of Federal Crim-

inal Justice. His areas of interest

are criminal law, antitrust law

and legal process.

Clarence E. Rust

Clarence E. Rust, 57, has been

practicing law in Oakland for the

past 35 years. He served on the

ACLU board from 1938 to Oc-

tober 31, 1960, or 22 years. In the

past, Mr. Rust has been active

in the co-operative movement. He.

is past president of the Tamal-

pais Conservation Club and the

Contra Costa Hills Club, He is

also a member of the Sierra'

Club.

e Labor Attorney

At one time, Mr. Rust was at-

torney for a number of indepen-

dent -labor organizations in the

_East Bay and in Orange county.

He has also been counsel in a_

number of civil rights cases. Dur- .

ing the war years he handled

the great majority of C. O. and

pacifist cases that. arose in the

Federal and State courts. During

one war year, he made more

Federal court appearances than

any other northern California

attorney.

Dr. Albert Azevedo

Dr. Albert Azevedo is in Eur-

ope just now. When he returns

to the country, the NEWS will

earry biographical information

about him.

ACLU NEWS

October, 1961

Page 3

"

i

ACLU Sup}

Pro

Continued from Page 2-

mense power to private individu-

als without concomitant obliga-

tions of public trust and without

governmental supervision of its

use."

Proper Regulation Lacking

The civil liberties organization

pointed to some of the harmful

effects of this monopoly "when

proper regulation is lacking',

such as the reliance on rating

Systems and "sponsorship cri-

teria." The Union said the nation

is "faced today with a reality of

commercially - dictated program-

ming in radio and especially in

television which in fact goes far

beyond even the fears of those

who have warned us against gov-

ernment censorship. The tyrrany

of the rating system is well

known. It has raised mediocrity

`to star status and has virtually

stifled original incentive, both

on local and network level. It

has created a bottleneck in the

marketplace of ideas through

which very little which is not

mediocre can pass. Based on a

careless methodology, its sole

function has been to prove what

its manipulators want it to prove

and to surround broadcasting

with such values as conformity,

sadism and triviality.

Sponsorship Criteria

"Hand in hand with the rating

system has gone the so-called

`sponsorship criteria' :

easting. Under our present `sys-

tem even the most imaginative

broadcaster is somewhat at the

mercy of the sponsor. And while

the broadcaster looks to the

sponsor, the sponsor, with all

convenience, looks at the rating.

And we all know that the proc-

ess almost invariably leads to

the same conclusion: less public

affairs programming, especially -

in prime time, less cultural pro-

gramming, more, and still more,

of the tawdriness which now fills

our screens. ... `

Too Little Supervision

"Tf there is a problem that

needs facing up to in this com--

plex we call broadcasting, it is

not the problem of illusory gov-

STATEMENT REQUIRED BY THE

ACT OF AUGUST 24, 1912, AS

AMENDED BY THE ACTS OF

MARCH, 3, 1933, JULY 2, 1946 AND

JUNE 11, 1960 (74 Stat. 208) SHOW-

ING THE OWNERSHIP, MANAGE-

MENT, AND euroIRCULATION OF

American Civil Liberties Union News,

published monthly -at San Francisco,

Calif., for October, 1961.

Bel, The names and addresses of the

publisher, editor, managing editor,

and business managers are:

Publisher: American Civil Liberties

Union of No. Calif., Inc., 503 Market

St., San Francisco 5, Calif.

Editor: Ernest Besig, 503 Market

St., San Francisco 5, Calif.

Managing editor: None. z

Business manager: None.

2. The owner is: (If owned by a

eorporation, its name and address

must be stated and also immediately

`thereunder the names and addresses

of stockholders owning or holding 1

percent or more of total amount of.

stock. If not owned by a corporation,

the names and addresses of the in-

dividual owners must be given. If

owned by a partnership or other un-

incorporated firm, its name and ad-

dress, as well as that of each indi-

vidual member must be given.)

American Civil-Liberties Union of

No. Calif., Inc., 503 Market St., San

- Francisco 5, Calif.

No stockholders.

'8..The known bondholders, mort-

gagees, and other security holders

owning or holding 1 percent or more

of total amount of bonds, mortgages,

or other securities are: (If there are

mone, so state.) None. : E

4, Paragraphs 2 and 8 include, in

eases where the stockholder or secur-

ity holder appears upon the books of

the company as trustee or in any

ether; fiduciary relation, the name of

the person or corporation for whom

such trustee is acting; also the state-

ments in the two paragraphs show the

affiant's full knowledge and belief as -

to the circumstances and conditions -

under which stockholders and security

holders who do not appear upon the

books of the company as _ trustees,

hold stock and securities in a capacity

other than that of a bona fide owner.

5. The average number of copies of

each issue of this publication sold or

distributed,

the 12 months preceding the date

shown above was: (This information

is required by the Act of June 11,

1960 to be in all statements regardless

of the frequency of issue.) 5014.

ERNEST BESIG

(Signature of editor)

Sworn to and subscribed before me

this 21st day of September, 1961.

(SEAL) Alice E. Lowrie

ee commission expires May 23, 1964)

ACLU NEWS

Page 4

in broad-,

through the mails or

otherwise, to paid subscribers during |

" October, 1961

orts FCC

e of Programming

ernmental censorship; it is the

problem of too little govern-

mental supervision in ~-imple-

mentation of the FCC Act, What

is seen and heard on the air is

largely determined by what pri-

vate interest groups, for whom

ratings are gospel, think the

public wants to see and hear.

Such programming is usually

geared to the lowest common

denominator of our _ collective

tastes. Present practices make

the arguments of those who say

the government should not eval-

uate a station's program service

sound hollow and hypocritical."

Two Recommendations Lauded

Urging that the FCC's rules

proposals be adopted, the Union

especially lauded these recom-

mendations:

1. The inclusion of questions

relating to the geographical area

to be serviced and the broad-

caster's efforts to determine the

specific needs of his community.

"The information revealed by

questions of this type may. well

provide the Commission with a

substantial indication. of the ex-

tent to which balanced program-

ming and diversity are(R) being

met by loeal licensees." -

2. The questions relating to

the time at which programs in

the sample weeks are shown.

"Clearly most viewers watch

television during prime evening

and weekend time-it is hypocri-.

sy and a an illusion for any station

in rs when very few people

` elevision, either early in

the morning or late at night."

The Union declared that because

of the vital importance of this

element, "we believe that the

proposed rules ... could be im-

proved by a stronger emphasis

upon disclosure of the hours at.

which public affairs, educational

and cultural programs are

shown." -

Programs Not Shown

The ACLU also_said it was im-

portant -to obtain information

about what programs stations are

not showing. "It is a common-

place in the industry that local

television stations broadcast very

little of the `non-entertainment'

programs made available by the ~

networks, By all means, the Com-

mission should have the informa-

tion which will enable it to judge

the extent to which a licensee is

making use of available pro-

gramming for the eee of the

- public."

No Injunction

In Harrah's

Club Case

Superior Court Judge Thomas

Ledwich of Alameda County

decided late last month that he

`would not issue a preliminary

injunction against Greyhound

Bus Lines and Harrah's Club on

_a complaint filed by ACLU staff

counsel Marshall Krause charg-

ing the two corporations with

racial discrimination on the

"Harrah's Club Express" to

Stateline, Nevada. The judge's

power to issue an injunction

pending the trial of the facts

of a case is discretionary and

the two corporations argued that

there was no racial discrimina-

tion and wntil the facts were

_ finally decided it would. be ex-

tremely damaging to their public

image if they were enjoined.

When the case actually comes

to trial the ACLU will ask that

damages be - awarded for dis-

crimination against the plaintiffs

on the basis of race and that

such practices be permanently

enjoined. Meanwhile, informa-

tion has been received by the

ACLU that all races are now

being served on the "Harrah's

Club Express", doubtless a result.

of the pending suit as well as the

LC.C. regulations on discrimina-

tion in interstate commerce.-

-MLW.K.

Annual Meeting _

Hears Hon. Edith |

Green on Oct. 13

Continued, from Page 1-

gress of Parents and Teachers.

In 1958, Mrs. Green visited the

Soviet Union as a member of the

House Education and Labor Com-

mittee to study the Russian edu-

cational program, The same year,

at the invitation of the American

Friends Service Committee, she

was one of four from the U. S.

Congress to attend a Parliament-

ary Conference in Clarens, Swit-

zerland,. In 1959, she was con-

gressional delegate to the NATO -

conference in London.

Mrs. Green attended Will-

amette University, received her

B.S. `degree from the University

of Oregon, and did graduate

work at Stanford University.

`She has received two honorary

degrees as well as the annual

brotherhood award from B'nai

B'rith in 1956 and the National

`Woman of the Year Award from

AMVETS Auxiliary in 1958.

._ Abundant Parking

The Hall.of Flowers auditor-

ium will seat about 700 persons.

Judging from the early demand

for tickets and last year's attend-

ance at the annual meeting, there

ought to be a capacity crowd.

Abundant free parking is avail-

able.

After the meeting,

ments will be served during a

social hour in a special room off

the auditorium. The $1 admis-

sion, calculated to cover the costs

of the meeting, include the re-

freshments. The public is in-

vited. Incidentally, the meeting

affords members an excellent op-

portunity to introduce their

friends to the ACLU.

ACLU members are urged to

send in their reservations with-

out delay. Please include a

stamped, self-addressed envelope

for your tickets.

Hosts and Hostesses

Serving as hostesses and hosts

~ at the meeting will be the Mmes.

Lillie Chase, Peggy Coffey, Doris

Kahn, Meta Kauffman, Mary S.

Morain and Audrey Rothkop;

Miss Beverly Smith, Peter Szego

and David Rothkop.

Co-chairmen of the planning

committee are Susan Bierman

and Emily Skolnick. Also par-

ticipating in the planning were

Barbara Steiner and the Rev.

Harry Scholefield.

Travel Directions

The following San Francisco

buses stop at the Hall of Flowers:

Nos. 71, 72 and 10. The

street car stops at 9th Avenue

and Irving (one block away).

East Bay residents driving to the

meeting should turn off the Free-

way at the Mission turn-off and-

then take the Laguna-Fell exit,

then continue straight out Fell

Street to Golden Gate Park,

swing left after entering the

park, past Kezar Stadium and

on to Lincoln Way and Third

Avenue, continue on Lincoln

Way to Ninth Avenue.

Marin Visitors

For Marin county visitors, the

simplest way to drive after

leaving the Golden Gate Bridge

is to turn off (just beyond the

bridge) at the 19th Avenue sign.

Continue along Park Presidio

Blvd. and through Golden Gate

Park to 19th Avenue and Lincoln

Way (which is the street along-

side the Park). Since a left-hand

turn is not permitted, turn right

and make a left-hand turn on-

Lincoln Way at Twentieth Ave-

hue. Cut back on Lincoln Way

to Ninth Ave. Of course, those

who are acquainted with the

mysteries of Golden Gate Park

can cut across the Park from

Park Presidio Blvd. to 9th Ave-

nue, but there are a number of

confusing turns.

Peninsula Visitors

For Peninsula residents, turn

off the Freeway at the Mission

exit and come out Fell street,

as described above, or for those

coming via Nineteenth Avenue,

turn right at Lincoln Way.

refresh-

cONT?2. t

`omen on Jury

The United States Supreme Court has been urged to void

a second-degree murder conviction because women were ex-

cluded from the jury. The case in the high court revolves

around a Florida law which allows jury duty only to women

who volunteer. -

The American Civil Liberties

Union filed a friend of the court

brief in the case of Mrs. Gwen-

dolyn Hoyt, who is appealing her

conviction in the killing of her

husband, Air Force Captain

Clarence Hoyt. Mrs. Hoyt was

convicted by an all-male jury in

Hillsborough County, Florida

on January 21, 1958 and sen-

tenced to 30 years at hard labor.

Supporting Mrs. Hoyt's claim

that the all-male jury which tried

her "was not a true cross section

of her peers and she was in con-

sequence deprived of the equal

protection of the laws guaran-

teed her by the Fourteenth

Amendment to the Constitution,"

the ACLU brief asks: "Where is

that equality of protection guar-

anteed- by our Constitution if a

woman defendant accused of a

dreadful sex murder must be,

judged only by men?" The brief

goes on to examine the "basic

constitutional question as to

what equal protection of the

laws means or should mean to

women in such a case in this

present day and age." It was

filed by both the ACLU and its

affiliate, the Florida Civil Liber-

ties Union.

State Court Affirms Conviction

Mrs. Hoyt's conviction was up-

held by the Florida Supreme

Court which affirmed the consti-

tutionality of the provision in

the Florida statute that only

women who volunteer for jury

service need serve, a point which

`Mrs. Hoyt's counsel had attacked.

The ACLU brief submitted to

the U.S. Supreme Court also at-

tacks the Florida statute, stating

that its effect is to "deprive de-

fendant, a woman herself and

accused of a crime peculiarly

within the experience and under-

standing of women, of the op-

portunity to have women serve

on her jury."

Mrs. Hoyt, whose marriage

was marked by years of discord,

also had a history of epilepsy

and emotional instability. Her

husband had been unfaithful to

her for some time. He had re-

jected her many efforts to re-

vitalize their relationship, and

some months before his death

had shown greater disregard of

her and their eight-year-old son

by making his visits home less

frequent. On the fatal night he

had announced his intention to

leave her for good. In a moment

of "rage and frustration" she

- struck him over the head with

-munity. .

her son's broken baseball bat. He

died of his injuries the following

day.

The constitutional argument,

the ACLU brief states, rests on

three points: the exclusion from.

jury service by the Florida

statute of "all female persons

who do not volunteer to serve":

the effect of this exclusion of

women from the jury in a trial

"in which the point of view of

women was most important";

and the arbitrary limitation on

the number of women placed on

the jury list by the Florida

statute or the action of the jury

commissioners. These are "re-

pugnant to and in violation of

the Fourteenth Amendment to

the Constitution of the United

States," the brief states. .

The brief touches on the long

history of the right of trial by

jury, deriving from the Magna

Carta and incorporated into the

U.S. Constitution as the right "to

an impartial jury." It traces the

development of the right of

Negroes and other racial and

economic groups to be tried by a

jury which represents a cross-

section of the community and

_ which does not intentionally ex-

clude persons of their own color,

race or economic class. Legal

precedents are cited to show that

in the past the Supreme Court

has ruled unconstitutional a de-

nial of this right. : :

The ACLU brief finally re-

views at length the history of the

jury laws relating to women.

"Women are newcomers in this

field," it says, "the first woman

juror having served in Washing-

ton State in 1911." Today, only

"twenty-eight states grant jury

service to them on the same

terms as men, of which seven

permit women with family res-

ponsibilities to be excused." The

reasons usually given for. excus-

ing women from jury duty-to

spare them the hardship of jury

service and to leave them free

to care for their children-are

not valid, the brief argues, since

women could be excused when

necessary within the discretion

of the judge. As important as is

the right of "the fully emanci-

pated, fully enfranchised woman

citizen" of today to serve on a

jury,'is the right "of the woman

accused of crime to have her case

heard by a jury composed of the

broadest possible cross-section of

the people making up her com- (c)

The first right of a citizen

Is the right

To be responsible.

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