vol. 26, no. 7

- American

EP Gil Liberties,

Union

Volume XXVI

San Francisco, July, 1961

_ Judge Lewis Lercara of the Alameda County Superior

Court has signed orders requiring Harrah's Club, Greyhound

Bus Lines and certain of their agents and employees to ap-

pear in his court on July 5, 1961, to show cause why they

should not be enjoined from discriminating on the basis of

race against persons using the

= special Greyhound bus to the

_ Lake Tahoe location of the Club.

Damages Sought

The orders were signed in con-

_ nection with two separate dam-

_ age suits filed by the ACLU staff

counsel against the corporations

asking a total of $180,500.00 in

_ damages for alleged acts of dis-

crimination. The damages are

claimed under sections 51 and

52 of the California Civil Code

`which forbid discrimination on

_ the basis of race in "all business

establishments of every kind

whatsoever."

Seven Incidents

The ACLU is aware of seven

incidents of discrimination on the

`basis of race carried out by Har-

rah's Club with the knowledge

and cooperation of Greyhound at

_ its 20th and San Pablo terminal

in Oakland. This is despite the

facts that Harrah's has announced

_.that they do not discriminate

against Negroes at their club and

that a substantial portion of

_ Greyhound's passenger business

is with Negroes. a

`Sacramento Cases

In Sacramento newspaper re-

ports indicate that Greyhound

and Harrah's follow the same pol-

icy in a slightly different fashion.

Douglas Greer, Sacramento law-

yer and NAACP vice president,

said that when he bought a ticket

to board the Greyhound bus to

the casino the bus was canceled.

Two other trips from Sacramento

ware also canceled when a Ne-

gro purchased a ticket. A Har-

-rah's Club spokesman said that

the cancellations had nothing to

do with the fact that Negroes

purchased tickets. Bees

"Charter" Arrangement

Harrah's Club charters buses

from Greyhound and tickets are

sold by Greyhound ticket agents

at their terminals to all comers

but when Negroes and other ra-

cial minorities present their

tickets at the bus they are denied

admission. Also, in newspaper

and other advertising Harrah's

Club fails to mention that it ex.

cludes Negroes, or other racial

minorities.

New Court Fight

In J. W. Mass

Dismissal Case

John W. Mass' 74-year fight to

return to his position as an Eng-

ljish instructor at San Francisco

City College carries on with the

issuance by the California Dis-

trict Court of Appeal of alterna-

tive writs of mandate and prohi-

bition ordering the San Francisco

Board of Education to show cause

why the Superior Court of San

Francisco should not be required

to dismiss the suit now pending in

that court to dismiss Mass from

his position,

ACLU staff counsel Marshall

Krause contends that the Super-

ior Court has lost jurisdiction to

proceed with the suit since more

than three years have expired

since the California Supreme

Court required that the case be

re-tried. For further details see

Page 1 of the May News. The

writs are scheduled to be argued

on the Court's September calen-

dar.-M.W.K.

Steno Wanted

The ACLU has an opening fer

an experienced stenographer. The

hours are from 9 to 5 (1% hour

for lunch) - 3712 hours per

week. Must operate electric type-

writer and be willing to do gen-

eral office work, including mime-

egraphing. Applicants should con-

tact Ernest Besig, Executive Di-

rector, at 503 Market Street, San

Francisco- Phone EXbrook

2-4692. :

S.F. Customs

Releases John W.

Powell's Library

San Francisco Collector of

Customs, Robert Higgins, has in-

formed the ACLU, acting for

John W. Powell, that the latter's

personal library, seized in 1953

upon his entry into the United

States from China, will be im-

mediately released to him.

The eight year old ACLU file

on this matter indicates that the

library, much of which had been

inherited from Powell's mission-

ary father, was first seized on

the ground that it was imported

in violation of the Foreign Agents

Registration Act. Later it was

claimed that the material was

non-importable. Finally, it was

claimed the material was being

held as evidence in the sedition

trial commenced against Powell

in connection with his publication

of "The China Monthly Review"

during the Korean War. All

charges against Powell were re-

cently dropped.

The action of the Collector of

Customs vindicates the ACLU's

position that there was no author-

ity for the original seizure.

-M.W.K.

Marin Pot-Luck on July 9

Reosevel

Correct

Number 7

Lewd Film

Charge Dropped

By Dist. Atty.

"Charges that Gil Taylor, 30,

operator at "The Movie, 1034

Kearny Street, San Francisco

showed a lewd film were dis-

missed on motion of District At-

troney Thomas C, Lynch last

month. The film was ``Fireworks,"

which deals with a young homo-

sexual, oe

The film won awards at Brus-

sels, Cannes, Biarritz and Paris.

Los Angeles police tried to halt

its showing but were overruled

by the appellate department of

the Los Angeles County Superior

Court.

Municipal Judge Andrew J. Ey-

man reluctantly dismissed the

charge but admonished Taylor to

change the advertising outside the

theatre. If it is not changed, the

judge said, he will "take steps

to have it cited as a _ public

nuisance." :

The District Attorney's office

indicated that Police Chief

Thomas Cahill had viewed the

film and that while it might be

offensive to some persons it was

-not obscene in the legal defini-

tion.

ACLU Intervenes

in Housing -

Bias Test Case

With the issue clearly drawn

by-the sustaining of a demurrer

without leave to amend by San

Francisco Superior: Court Judge

Edward O'Day, the ACLU has in-

tervened to appeal a housing dis-

crimination case to the District

Court of Appeal. Judge O'Day's

ruling in effect is that the Legis-

lature did not mean to cover the

business of selling houses when

it forbade discrimination on the

basis of race in all business es-

tablishments,

The case involves a Negro

couple, Jean and Seaborn Burks,

who attempted to buy a tract

home in San Francisco only to

have their offer rejected with the

written notation that a sale to

them would adversely affect the

owner's equity in the remaining

houses.-M.W.K.

it and "Operation

n on Program

The Marin Chapter of the American Civil Liberties Union

of Northern California expects to offer a double-header at its

Eighth Annual Pot-Luck Supper at the Roger Kent Estate,

Kent Woodlands, Sunday, July 9. Ze

Not only will the Hon. James

Roosevelt, leading Congressional

opponent of the House Commit-

fee on Un-American Activities,

speak but also it is expected

there will be a sneak prevue of

"Operation Correction."

"Operation Correction"

"Operation Correction" is the

film "Operation Abolition," with

an entirely new narrative which

points out the mendaciousness of

the HUAC version. Persons view-

ing the film will be asked to give

the ACLU their written com-

ments.

Those who come for the pot-

luck supper and the preceding

cocktail hour are asked to arrive

by 5:30 p.m.

Program Starts Promptly at 8

The program will start

promptly at 8 p.m., as Mr. Roose-

velt, who must catch a plane

later in the evening, is interested

in viewing "Operation Correc-

tion." It will be held in the usual

beautiful outdoor setting and it

is urged that the audience bring

jackets, stoles, sweaters, etc., as

after dark Kent Woodlands may

become chilly.

The Sunday affair is expected

to attract a larger audience than

ever because of the wide inter-

est in the HUAC film and its cor-

rected edition, which will be pre-

sented to the public for the first

time with honest narration.

What to Bring

Those coming for the pot-luck

supper whose last names begin

with letters A to N are asked to

bring a hot dish; those O to Z,

a salad; the portions should be

sufficient to serve three times

the number in the party. The

chapter will furnish ice cream

and coffee.

There is an admission-donation -

of $1.50 per person and 75 cents

for students. e

Sali Lieberman, chairman of

the affair, and Milen Dempster,

chapter chairman, stress that

promptness in timing must be

observed this year and the "fash-

ionably late' may be disap-

pointed by missing a portion of

the program.

By a seven to one vote the State Board of Education at

its June meeting in Los Angeles revoked the teaching creden-

tials of Rita and William Mack. The Board accepted the pro-

posed decision of hearing officer Coleman Stewart that the

Macks were each guilty of unprofessional conduct when, in

their Levering Oath forms, they

answered negatively a question

concerning past membership in

an organization which advocated

the overthrow of the government

of the United States or of the

State of Califernia by force and

violence or other unlawful

means. :

Former C. P. Members

Both of the Macks had been

members of the Communist Par-

ty, U.S.A. until they resigned in

disgust with the Party's stand on

the Hungary incident in 1957. At

the revocation hearings they free-

ly discussed this membership and

stated that at all times during

this membership they believed

the Communist Party was inter-

ested in peaceful social and eco-

nomic reform and that this is -

what they were taught by the

leaders of their Party groups.

The Macks, who were repre-

Fowle Named

Acting ACLU

`Chairman

John M. Fowle of Los Altos

Hills, Treasurer of the ACLU of

Northern California, has been

designated by the Board of Di-

rectors as Acting Chairn... while

Rabbi Alvin Fine is absent be-

cause of illness. At the same

time, the ACLU is happy to re-

port that Rabbi Fine is making a

satisfactory recovery from his

heart attack.

Jack Fowle has served on the

ACLU board since March, 1957.

He has been mayor of his home

community and is engaged in

real estate development. He also

spends some of his time as an

engineering consultant.

Officer Who

Fiunked ROTC

Picket Resigns

Col. John T. Malloy, chairman

of the Military Science Depart-

ment at the University of Cali-

fornia since 1957, has retired

from the Army and has quit his

U. C. post to become director of

property planning for the East

Bay Municipal Utility District.

Col. Malloy gained notoriety

last December when he warned

that any uniformed cadet picket-

ing against compulsory ROTC

might find it difficult to pass the

course, and he followed the warn-

ing with an "F" for James R.

Creighton who picketed in uni-

form. Creighton's appeal from the

punitive action is now pending

before a special committee of th

Academic Senate.

CONGRESSMAN JAMES ROOSE-

VELT, who speaks at Marin Pot-Luck

Supper on July 9.

sented throughout these proceed-

ings by former ACLU staff coun-

sel Albert Bendich and present

staff counsel Marshall Krause,

were backed up in their testi-

mony by an expert witness, Pro-

fessor Wilson Record of Sacra-

mento State College, who has

written a book on the strategy of

the Communist Party, USA. Ree.

ord testified that since the

early thirties it has been the tac-

tic of the Communist Party to

conceal or de-emphasize the role

of the Party in the coming revolu-

tion and to conceal the domina-

tion of the Party by the Soviet

Union. He testified that - fre-

quently the rank and file mem-

bers of the Party have an entire-

ly different idea of it than do

its leaders.

Karl Prussion Testifies

The Department of Education,

which under the law must carry

the burden of proof in these pro-

ceedings, introduced absolutely

no evidence concerning the

Macks' Party activities but de-

pended solely on two points: 1)

legislative findings that the Com-

munist Party advocates the over-

throw of the government of the

United States by force and vio-

lence, and 2) the testimony of

Karl Prussion, the Mr. X of the

recent San Francisco hearings

of the House Un-American Com-

mittee, that, even though he had

never before seen Mr. or Mrs.

Mack, nor attended a meeting at

which they had been present, nor

himself been any officer or lead-

er in the Communist Party, he

was sure they knew the Commu-

nist Party advocated violence be-

cause, according to Mr. Prussion,

all Communists know this. Mr._

Prussion was sure that there is

no such thing as an innocent

member of the Communist Party

even though the U. S. Supreme

Court has said there is in Wie-

man y. Updegraff and the recent

case of Notto v. United States,

According to Mr. Prussion, every

action of a Communist is subver-

sive no matter how innocent it

may appear.

Only One Question

In the brief filed with the

Hearing Officer the ACLU

pointed out that the only rele-

vant question was, what did the

Macks believe was the aim of the'

Communist Party? The possibil-

ity that the Macks were either

duped into believing something

which was untrue or were ex-

tremely naive is irrelevant. Also

irrelevant is the fact that the Les-

islature has certain ideas about

the Communist Party as do most

of the American press and pub-

lic. The Macks had no obligation

to believe these ideas no matter

how prudent it might have

~ seemed to do so.-

Reconsideration Asked :

The Board has been asked to

reconsider its decision and allow

the case to be argued by counsel

which it has not as yet done. In

the event this request is denied

the Macks' ease will be taken to

court for review. - M.W.K.

eS

In This Issue...

ACLU Backs Suit of

- Discharged Hlinois Prof ..p. 2

ACLU Depends Upon the

Help of Volunteers ..... p. 4 |

ACLU Suit Tests Arrests

Of Freedom Riders ..... p. 3

Claim Political Grounds for

Denying Tenure ....... p.3

Governor Signs Bill

Repealing Vagrancy Law .p. 3

High Court Rules Illegal

~ Evidence Is Inadmissible .p. 4

Red-Hunting Proposals

Rejected eee cs Poe

Righting a Wrong ........p. 2

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG . . . Editor

503 Market Street, 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

Rey. F. Danford Lion

Honorary Treasurer:

Joseph M. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher =

Mrs. Margaret C. Hayes

Prof. Ernest. Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson

Richard Johnston _

Roger Kent

Mrs. Ruth Kingman

Board of Directors of the American Civil Liberties Union

of Northern California :

CHAIRMAN: Rabbi Alvin I. Fine

VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz

SECRETARY-TREASURER: John W. Fowle

-EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. Van D. Kennedy

John R. May

Lloyd L. Morain

Prof. Charles Muscatine

William M. Roth

Prof. Nevitt Sanford

Rey. Harry B. Scholefield

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Donald Vial

Harold Winkler

GENERAL COUNSEL

Wayne M. Collins

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Hon. Clem Miller

Rey. Robert W. Moon

Dr. Marvin J. Naman

Prof. Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Mrs. Kathleen D. Tolman

Rt. Rev. Sumner Walters

Stanley Weigel

Franklin H. Williams

Academic Freedom Violated

ACLU Backs Sx

Of Discharged

Suit

lilinois Prof. |

Leo F. Koch, assistant professor of Biological Science at

the University of Illinois, who was dismissed last August after

a letter which he wrote on the subject of pre-marital sexual

relationships for college students appeared in the college

newspaper, has filed suit in the state courts against the

University's Board of Trustees.

Koch's dismissal came in the

middle of his two-year teaching

eontract, and he is seeking a

year's salary in damages.

The Illinois Division of the

American Civil Liberties Union

is backing the case. It has called

the dismissal `a serious breach

of the principles of academic

freedom."

Discussion On Sexual Ethics

The letter which led to Koch's

discharge was published in The

Daily Wlini in March, 1960, as

_ part of an open discussion on

sexual ethics initiated by the edi-

tors of the college papers. In his

jetter Koch advocated pre-mari-

tal relations for college students

"sufficiently mature to engage in

them without social conse-

quences and without violating

their moral codes." In April,

David D. Henry, president of the

University, filed a charge against

him of "conduct prejudicial to

the best interests of the Univer-

sity" with the Board of Trustees

which, after a hearing, voted to

terminate his appointment.

Koch's Academic Record

A graduate of the University

of California at Berkeley, and a

holder of a PhD from the Uni-

versity of Michigan, Koch was

originally appointed to the Uni-

versity of Illinois faculty in 1955,

and in August, 1959, was reap-

pointed for a two-year term. He

has taught at Bakersfield College

and at Tulane University, and

has published several scholarly

articles in leading scientific

journals in this country and

abroad. His attorneys state that

his teaching record at the Uni-

versity of Illinois was satisfac-

tory, and that the sole reason for

i

ACLU NEWS

July, 1961

Page 2

his discharge was the letter in

The Daly Illini.

Issue Of Academic Freedom

In a memorandum addressed

to the University of Jllinois

trustees last summer, the

ACLU's Illinois Division wrote:

"The dismissal raises a serious

and difficult issue of academic

freedom as a principle for defin-

ing the relationship of a teacher

to. his students, -his university,

and the public. While in certain

cases ... a faculty member may

not teach anything he wishes in

the classroom, Professor Koch's

ease clearly falls within the pro-

tected freedom of a faculty mem-

ber to engage in public discus- |

sion." The ACLU memorandum

noted that Koch's letter was writ-

ten in good taste, with no sug-

gestion of vulgarity or sensa-

tionalism, and attempted a

"serious discussion" of sexual

morality which is a genuine con-

cern of the younger generation

today. It would be unfortunate,

ACLU said, if such a topic could .

`not be given "the scrutiny of

public discussion" because of

fear that it might bring criticism

to the university, or displease

some minority, or even the ma-

jority. ACLU says that its de-

fense of Koch's right to speak

his opinions is not necessarily an

endorsement of those opinions.

Other Contentions

Going beyond the issue of open

discussion on a campus, Koch's.

attorneys claim that his dis-

charge. is illegal because it vio-

lates University statutes which

entitle him to "the same free-

doms as other citizens without

institutional censorship or disci-

pline," and because it violates

the Fourteenth Amendment of

the Constitution which guaran-

tees the individual that a state

may not deny him freedom of

speech and of the press.

Uphold Right

To Sue Police

In Federal Court

An 81 U.S. Supreme Court de-

cision holding that policemen and

other local officials who violate a

citizen's constitutional rights may

be sued for damages in federal

courts may pave the way for

swifter and increased redress in

civil rights cases. One effect of

the decision has been the filing of

a damage suit against police offi-

cers in Shreveport, La., by the

Rev. Ashton Jones, a white itiner-

ant minister who preaches broth-

erhood, The Rey. Jones alleges

he was physically assaulted while

held in the Shreveport jail.

The Supreme Court decision

in Monroe v. Pape concerned

thirteen Chicago police officers,

led by Deputy Chief of Detectives

Frank Pape, who in 1958 while

investigating a murder, broke

into the apartment of James Mon-

roe, a Negro handyman. Accord-

ing to the complaint, the police-

men forced Monroe and his wife,

at gun point, out of bed, and with

their six children to stand naked

in the living room while the

apartment was being searched.

The police, it was testified, phys-

ically abuSed parents and chil-

dren, and while lacking arrest

and search warrants, ransacked.

the apartment, dumping drawers

and ripping open mattresses.

Monroe was taken to a police sta-

tion, where he was questioned.

He was detained for ten hours on

open charges and shown in sev-

- eral lineups. He was not brought

before a magistrate or allowed to

call a lawyer, and was eventually

released without charge. ~

The Monroe family sued the

policemen and the City of Chi-

cago for $200,000. The case never

got to trial because a Federal

District Judge and the Seventh

Circuit Court of Appeals dis-

missed it.

The central issue before the

Supreme Court was the meaning

of the Civil Rights Act of 1871,

passed in Congress to deal with

the Ku Klux Klan. It permits

damage suits in Federal Courts

against persons who, "under color

of" state law, deprive someone of

constitutional rights.

The high court majority held

that the phrase "under color of"

state law refers to any person

acting under the guise of official

authority-not, as the dissenting

Justice Frankfurter held, under

the actual authorization of state

or local law. This disagreement

is significant because most in-

fringements on constitutional

rights are also - at least theor-

etically - violations of local law.

In Justice Frankfurter's view,

abused citizens, in the main,

would have to sue in the state

courts; and while he conceded

that their chances of recovery

therein might sometimes be poor,

this is the necessary price to

maintain the federal-state system.

However, the majority opinion

was that Congress' purpose had

been to provide a federal remedy,

even though there was a State

one. The decision also held that

the damage suits would have to

be filed against the police officers

only as the city was not liable for

their acts.

The attorney for the Monroes,

Donald Page Moore, former staff

counsel of the Illinois Division,

ACLU, commented that the deci-

sion has important implications

in those parts of the United States

~where local courts may be swayed

by local prejudice. -

Harry Evans Dies

Harry L. Evans, 73, retired

shipping executive and one of

the founders of the Marin Chap-

ter of the ACLU, died last

month. A firm believer in free-

dom, Mr. Evans gave liberally of

his time to the ACLU. When the

Marin Chapter was started he

served on its boara and also

served as chairman of its mem-

bership drive. He was widely

loved, respected and admired. He

is survived by his wife, two mar-

ried daughters and one son, a

physician.

California Legislative Report

The California Legislature ended its 1961 session last

month after refusing to adopt the largest assortment of red-

hunting bills since the Korean war session in 1951. The red-

hunters were led by Assemblyman Louis Francis (R-San

Mateo), Assemblyman Bruce F. Allen (R-Los Gatos), Assem-

blyman Frank Luckel (R-San

Diego), Sen. John F. Thompson

(R-San Jose), Sen. Stanford C.

Shaw (D-Ontario), and Assembly-

man Charles Edward Chapel (R-

Inglewood).

Among the bills that were de-

feated were four measures to re-

place the Civic Center Act oath

recently declared unconstitutional

by the State Supreme Court, but

now pending before the U. S.

Supreme Court on a request for

review; a proposal to disbar sub-

versive attorneys; a bill to deny

teaching credentials to applicants

who have ever "refused to testify

or to answer on any grounds

whatsoever" questions about their

political associations, a bill to

deny unemployment insurance to

persons refusing to accept job

referrals where loyalty oaths are

New Dilworth

Act Opinion by

Atty. Gen'l Mosk.

In a sudden and unexpected

about face, Attorney General

Stanley Mosk has issued an

opinion dated June 12, 1961, and

signed by E. G. Funke, Deputy,

which reverses an earlier opinion

by Richard Mayers, Deputy, and

dated April 13, 1961, concerning

the Dilworth Act.

The new opinion states that the

old opinion was wrong in coming

to the conclusion that the State

Board of Education has no author-

ity to ask applicants for teaching

credentials questions concerning

past Communist affiliations. The

old opinion is limited to its

specific facts, i.e. to the cases of

John W. Mass and Tillman Erb.

However, even in the new

opinion it is recognized that as to

teachers holding valid credentials,

the Dilworth Act: gives the State

Board of Education and its Cre-

dentials Commission no power to

ask further questions concerning

the credential helder's qualifica-

tions. Thus, teachers now holding

valid credentials need not answer

the Commission's political ques-

tionnaires based on the Dilworth

Act.

required, a bill to re-establish the

tax exemption loyalty oath for

churches and veterans outlawed

in the Speiser case, a bill specif-

ically barring the Communist

Party from the ballot, and many

other measures, including a move

by Assemblyman Louis Francis

to establish a joint Senate-

Assembly committee on Un-

American Activities to replace

the present Burns Committee. Mr.

Francis did score a minor victory

when the Legislature adopted a

bill to require daily flag saluting

in the public schools.

In the field of censorship, the

Legislature did over-haul the

State's obscenity law, increasing

the penalties for second offenses,

prohibiting tie-in sales and codify-

ing the Supreme Court's defini-

. tion of obscenity. Also, offenses

must now be committed "know-

ingly" rather than "wilfully and

lewdly."

In the racial field, minor

progress was made while the

chief proposal, AB 801, prohibit-

ing racial discrimination in the

sale, lease, rental or financing of

all housing other than a single

unit dwelling occupied by the

owner as his residence, went

down to defeat under the pres-

sure of the real estate interests.

For example, racial restrictive

covenants in deeds Which are

unenforceable by the courts are

now invalidated, the Unruh Civil

Rights Act is extended to all

persons rather than citizens, and

discrimination is prohibited in

re-sale of Cal Vet homes. :

Also on the affirmative side,

the Legislature repealed the

Vagrancy Law (reported else-

where in this issue) and made

many needed changes in the Ju-

venile Court Law which should

bring a measure of due process (c)

of law to juveniles who~ are

brought before the court. -

Finally, it should be reported

that the State Senate Fact-

Finding Committee on Un-Ameri-

can Activities (The Burns Com-

mittee), will be with us another

two years.

Righting a Wrong

The Fact-Finding subcommittee on Un-American activ-

ities of the State Senate has corrected an old injustice, and

enhanced its own reputation, by setting its records straight

about the loyalty of the American Civil Liberties Union.

The ACLU is no friend of the committee. The report sug-

gests that the ACLU has been examined exhaustively, 34

pages being devoted to its affairs.

But it was said in complete honesty that the committee

declares itself "convinced that (the ACLU) is not a Commu-

nist-dominated

sense."

organization or a subversive front in any

_ This is a complete reversal of position. In 1948, and before

that in 1943, the committee, then under the chairmanship of

Senator Jack Tenney, had branded ACLU as a Communist-

front organization without any qualification. It had estab-

lished no basis in evidence for the charge - had in fact held

no substantiating hearings.

The present contrast is clear, and refreshing. Full cog-

nizance is taken of the fact that ACLU is controversial; too,

its director, Ernest Besig, was described as "`inclined to adopt

a tough, brusque attitude." But it was said succinctly that as

far as the committee is aware Mr. Besig "has never been a

member of a Communist-front organization."

We are glad to see the committee judging ACLU accord-

ing to facts, rather than prejudices. ACLU has done many

things, and taken many positions, with which we do not agree.

It has not always been popular and it has not particularly

sought popularity. What it has sought is justice according to

its honest concepts, mostly in behalf of people who have found

true justice elusive -Editorial, San Francisco Examiner,

June 14, 1961.

Crimes of Status Ended |

"vernor Signs

ill Repealin

Vagrancy Law

Governor Edmund G. Brown has signed a bill by Assem-

blyman John O'Connell of San Francisco repealing Califor-

nia's iniquitous vagrancy law and substituting in its place a

law punishing "disorderly conduct." The new law goes into

effect the middle of September.

"Our vagrancy laws," said the

Governor in signing the bill,

"were without doubt, the most

often abused and at the same

time the most difficult ones with

which to obtain a conviction in

court. Under the O'Connell bill,

we are saying, `It is what a man

does, not who or where he is

that defines the crime.' "

Archaic Law

In the past, such persons as_

District Attorney Thomas C.

Lynch. of San Francisco and Prof.

Arthur H. Sherry of the Univer-

sity of California have respec:

tively condemned the law as "ar-

chaic" and "completely indefen-

sible." It was often used against

minorities, strikers, the poor and

friendless and persons the police

wanted to hold for investigation.

San Francisco police even

ereated a special category of

"$1000 Vags." In these cases,

high bail was set to keep such

persons in jail while the police

searched for evidence against

them.

Many Civil Liberties Issues

Especially in San Francisco, -

application of the vagrancy law

has resulted in numerous issues

for. the ACLU. Even now, the

ACLU is defending a Negro who

is charged with vagrancy for

being parked in his car on the _

Marina green at a late hour, and

it has a damage suit pending

against an officer who arrested

two doctors as vagrants when he

found them taking a walk in the

Twin Peaks area of San Francis-

co late, one night.

Several years ago District At-

torney Lynch of San Francisco

testified that his office dismissed

between 1700 and 1800 vagrancy

charges a year-about 70% of all

such cases in San Francisco. In

this manner, thousands of per-

sons were given arrest records

that could not be expunged,

"Vag" Law Provisions

California's .vagrancy law is

` essentially the same today as

when it was originally enacted in

1872. As Prof. Sherry has pointed

out, "It is faithful to the concept

of status as a basis for punish-

ment, and, while its language

may not be as colorful as those

which are more faithful to the

original models, it is just as

vague, just as indiscriminate and

just as subject to abuse as any

of the others."

Favorite Weapons

In San Francisco, several sec-

tions of the law were the favorite

weapons of the police. One de-

fined a vagrant as "Every person

who wanders about the streets at

late or unusual hours of the

night, without any visible or law-

ful business,' while a second de-

fined a vagrant as "Every person

who roams about from place to

place without any lawful busi-

ness." A third subsection has

been applied to alleged homo-

sexuals. It defines a vagrant as

"Every lewd or dissolute person,

or every person who loiters in

or about public toilets in public

. parks."

"Common Drunkard"

The subsection which made

every "common `drunkard" a vag-

rant was outlawed as vague and

another subsection aimed at

"common prostitutes' has also

been meeting court attack for

vagueness.

The laws first subsection was

occasionally applied against strik-

ers and workers who refused to

accept assignments . agricul-

tural fields. It defines a vagrant

as "Every person (except a Cali-

fornia Indian) 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." -

`Misorderly Conduct"

The new "disorderly conduct"

law, Sec. 647 of the Penal Code,

has eight sub-sections. For ex-

ample, under sub-section (bh) any-

one who "solicits or who engages

in any act of prostitution" is

guilty of disorderly conduct.

Sub-section (e) may result in

some problems for the ACLU; it

reads as follows: Every person

"Whe loiters or wanders upon

the streets or frm place to. place

without apparent reason or busi-

ness and who refuses to identify

himself and to account for his

presence when requested by any

peace officer so to do, if the sur-

rounding circumstances are such

as to indicate to a reasonable man

that the public safety demands

such identification," is guilty of

disorderly conduct.

Another Loitering Provision

Another "loitering" provision,

sub-section (d) is directed

against every person "Who loi-

ters in or about any toilet open

to the public for the purpose of

engaging in or soliciting any

lewd or lascivious or any unlaw-

ful act."

The public willbe well rid of

the vagrancy law. The disorderly

conduct law doesn't seem to give

as much opportunity for abuse

but arrogant police officers don't

need much excuse. It isn't

enough to have fair laws, we also

need a police force that operates

on the principle that the end

does not justify any means.

Baccalaureate

Services Banned

in Taft Schools

_ As a result of a ruling by Kern

County Counsel Roy Gargano that

baccalaureate services conflict

with a provision of the State Con-

stitution which states: "Nor shall

any sectarian or denominational

doctrine be taught or instruction

thereon be permitted, directly or

indirectly, in any of the common

schools of this State," the Taft

school officials on June 1 can-

celed exercises scheduled at Taft

Union High School and Taft Col-

lege. The Rev. Joseph Bruner,

pastor of Taft's first Baptist

Church, had been scheduled to

speak on `The Place of Faith in

an Age of Space."

Membership

Stands at

Record 4971

The paid-up membership of the

American Civil Liberties Union

of Northern California continued

to mount last month. On June 26

there were exactly 4971 paid-up

members or 480 more than a year

ago. In addition, there are 208

separate subscribers to the

monthly NEWS compared with

175 a year ago.

Last year, the membership

reached a record peak of 4581 on

-August 31. While there is not

much growth in membership be-

tween July and October, the Un-

ion's membership should climb

well beyond the 5000 mark by the

end of the fiscal year on Oct. 31.

Continental

Sunday Blue

Laws Upheld -

By High Court

Maryland, Massachusetts, and

Pennsylvania Blue Laws were re-

eently upheld by the U.S. Su-

preme Court, in an 8 to 1 opinion,

as having a secular character.

While recognizing that "the

original laws which deait with

Sunday labor were motivated by

religious forces," the court con-

cluded that "In the light of the

`evolution of our Sunday Closing

Laws through the centuries, and

of their more or less recent em-

phasis upon secular considera-

tions, it is not. difficult to dis-

cern that as presently written

and administered, most of them,

at least, are of a secular rather

than a religious character, and

that presently they bear no rela-

tionship to establishment of re-

ligion as those words are used in

the Constitution of the United

States.

Day of Rest for All

"The present purpose and ef-

fect of most of them," the court

went on to say, "is to provide a

uniform day of rest for all citi-

zens; the fact that this day is

Sunday, a day of particular sig-

nificance for the dominant Chris-

tian sects, does not bar the state

from achieving its secular goals."

The court warned, however,

that Sunday Blue Laws could be

ruled to violate the "Establish-

ment" Clause if they used "the

State's coercive power to aid re-

ligion."

Second Question

The Court was more closely

divided on the second question-

whether Blue Laws might consti-

tutionally be applied to Orthodox

Jews, Seventh Day Adventists,

and others whose religion re-

quires them to rest on another

day of the week. Brennan, Stew-

art and Douglas dissented.

Warren agreed that the laws

would. hurt Orthodox Jews and

others who celebrate Saturday as

the Sabbath. But he said "The

Sunday law simply regulates a

secular activity and, as applied

to appellants, operates so as to

make the practice of their re-

ligious beliefs more expensive."

San Jose State College Dismissals

Claim Political

enyine

Professors Bud R. Hutchinson

and William F. Stanton of San

Jose State College charged last

month that they were being

denied tenure for political and

not academic reasons. President

John T. Wahlquist termed the

charges ridiculous. -

Gentlemen's Agreement Exposed

Hutchinson, Stanton and two

other professors were responsible

for uncovering the "gentlemen's

agreement" among all state col-

lege presidents that students. dis-

missed from southern schools be-

cause of participating in sit-in

demonstrations should be ex-

cluded from state colleges. Pres-

ident Wahlquist admitted the

existence of this agreement when

San Jose State College refused to.

admit St. John Dixon because he

did "not have an honorable with-

drawal". from his college. After

intervention by Attorney General

Stanley Mosk, Dixon was even-

tually allowed to register.

Cases Handled. Differently

Denial of tenure to Hutchinson

and Stanton was handled dif-

ferently than in other cases. They

alone received notification after

April 15; in fact, in their case

such notices were received only

five school days before the end

of the semester.

Also, no established faculty

committees were consulted with

respect to the qualifications of

these men. The heads of the

departments acted over the op-

position of almost all of their

colleagues.

Retaliatery Action

It is also alleged that after the

St. John Dixon affair, Professor

Hoyt, who had also participated

in the exposure, was told by

Professor Andrew Lassen, head

ACLU Suit Tests Arrests

Of Freedom Riders

A challenge of local loitering ordinances in Mississippi be-

ing used to convict Fredom Riders who are protesting segre-

gated bus terminal facilities was made on June 21 in the Fed-

eral District Court in Biloxi, Miss., by

Liberties Union.

The Union provided legal as-

sistance to Elizabeth Porter

Wyckoff, a free lance writer of

New York City, who was arrested

on June 2 with a group of other

white persons when they accom-

panied a group of Negroes into

the all-white waiting room of the

Bus Terminal in

Jackson, Miss. Miss Wyckoff was

convicted on a charge of breach

of the peace for refusing to obey

a police order to leave the ter-

minal. She was sentenced to four

months in jail and a $200 fine.

The jail sentence was suspended.

Because the fine was not paid,

she was jailed to work it off at

the rate of $3.00 a day.

Habeas Corpus Petition Filed

William M. Kunstler of, New

York City, an ACLU cooperating

attorney, and Jack H. Young, an

attorney of Jackson, filed a

habeas corpous petition with

Federal Judge Sidney Mize in

Gulfport on June 17. Judge Mize

granted a show cause order and

scheduled a hearing on June 21

in the Federal District Court in

Biloxi. Kunstler and Young rep-

resented Miss Wyckoff for the

ACLU.

The habeas corpus petition ar-

gued that the breach of the peace

ordinance was being unconstitu-

tionally applied because it denied

Miss Wyckoff her liberty without

the due process of law guaran-

teed by the Fifth and Fourteenth

Amendments and her freedom of

speech and assembly protected

by the First Amendment. It was

further charged that she was be-

ing subjected to involuntary ser-

vitude in violation of the Fif-

teenth Amendment. !

4

the American Civil

State Remedy Inadequate

The petition noted that Miss

Wyckoff could not challenge her

conviction by appealing to the

Mississippi courts as she could

not afford to pay the bond re-

quired to appeal and the fine

would be worked off in 66 days

which is before the time the ap-

peal would be heard, thus moot-

ing the case. The ACLU said the

lawyers' argument centered on

the technical issue of how a ha-

beas corpus petition can be

granted before a prisoner ex-

hausts state remedies. The attor-

neys focused on the decision of

the United State Supreme Court

in Griffin v. Hlinois which held

that the right to appeal in state ,

courts could not constitutionally

be defeated by refusing to pro-

vide an indigent defendant with

a copy of the trial transcript nec-

essary to take the appeal. It was

urged that Miss Wyckoff's situa-

tion is analogous to that in

Thompson vy. Louisville where

the sentence meted out was so

low the conviction was not ap-

pealable in the Kentucky state

courts. The Supreme Court held

that the case could be brought

directly to the attention of the

federal courts; in that case the

Supreme Court itself.

May End Arrests

The technique of the habeas

corpus hearing will allow Miss

Wyckoff to challenge the use of

the basic loitering ordinances by

local authorities to enforce seg-

regation. If successful, it will

bring to an end the multiplying

arrests of Fredom Riders in Mis-

sissippi and other southern

states.

Tenure

of the Department of Economics,

that because of that affair he

would have to return to the busi-

ness school "because the admin-

istration wants to split you (Hoyt,

Hutchinson and Stanton) up."

Fourth Professor

It is also claimed that retal-

jatory action was taken against

the fourth professor involved in

the exposure, Prof. Mervyn L.

Cadwallader, in that he was

denied promotion even though his

department gave him the highest

recommendation. :

Hutchinson and Stanton have

One more year to teach at San

Jose, They have asked the Board

of Trustees of the State College

`System to investigate their dis-

missals.

Will Appeal!

Obscenity Case .

Guilty Verdicts

On the sixth day of trial the

Municipal Court jury in the case

of the Daly City Cigar Store

owners, Jack and Mae Shaver,

found both defendants guilty of

wilfully and lewdly offering for

sale three obscene books with

knowledge of their contents. The

jury's verdict will be appealed.

The Shavers were represented at

the trial by the ACLU staff coun-

sel, Marshall W. Krause.

No Knowledge |

The Shavers maintained that

they had no knowledge of the

contents of the books in question

and felt their sale was permissible

because they were distributed by

the same distributor handling the

major national periodicals and

pocket book lines. The store

stocks many hundreds of different

titles of paperback books. The ~

three books in question are

- Original pocket book novels and

are readily available in many

stores in most Bay Area com-

munities.

Confused by Demands

The Shavers insisted that they

were only confused by the many

orders from various members of

the Daly City Police Department

. to "clean up this store" and "get

this book off the stand." They -

were also put under considerable

pressure from a local group

called Citizens for Decent Liter-

ature. This group made many "in-

spections" of the Shavers' store

and many "reports" to the Daly

City Police Department.

The Sentences

On June 22nd the trial judge,

Charles Becker of the South San

Francisco Municipal Court, stated

that he was in full agreement

with the verdicts of the jury and

sentenced each defendant to pay a

$500 fine and spend 30 days int

the county jail. All of the' jail

sentence was suspended for Mrs.

Shaver and 15 days of the `sen-

tence suspended for Mr. Shaver

on condition that they be on one

year's summary probation to the

court. The court refused to ac-

cept the probation officer's rec-

ommendation of straight proba-

tion. The judge also stated that

in his opinion the distribution of

such material has a serious detri-

mental effect on the community

and that if anything is even close

to the line of impropriety the re-

tailer should exercise his judg-

ment and not offer it for sale.

Contention on Appeal

`On appeal to the Appellate De-

partment of the San Mateo

County Superior Court it will be

argued that the evidence was in-

sufficient for conviction and that

the court erred in refusing to

hear additional defense testimony

such as that offered by psychia-

_ trist Norman Reider, M.D., con-

eerning the effects of this litera-

ture on its readers.-M.W.K.

ACLU NEWS |

July, 1961 -

Page 3.

State Criminal Trials

The United States Supreme Court's sweeping June 19

decision forbidding the introduction of illegally seized evi-

dence in state criminal trials was hailed by the American

Civil Liberties Union last month as a milestone in the history

of American civil liberties.

The Union's national executive

lirector, Patrick Murphy Malin,

aid in a public statement that the

sourt's decision in the Mapp case

vroadens the protection of a fair

`rial for individuals and will also

make local police officials more

respectful of constitutional rights.

The civil liberties spokesman said

the ACLU was especially pleased

by the decision because the Union

was responsible for raising the

search-seizure point with the

Court.

Due Process Strengthened.

"This decision greatly strength-

ens the principle of due process of

law,' Malin said, adding: "It makes

absolutely clear that the Fourth

Amendment's protection against

illegally obtained evidence, which

has long been applied in federal

courts, can. no longer be circum-

vented in state criminal trials. .It

recognizes a growing trend of rec-

ognition by the states themselves

that the admission of such evi-

dence flouts a basic constitutional

provision.

May Improve Police Practices

"One main civil liberties prob-

lem today is the failure of local

police officials to adhere to con-

stitutional standards in enforcing

the law. This failure applies not

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log only to the widely-publicized cases

involving racketeers and other

criminal elements in our society,

but frequently to the `little guy' in

the community against whom the

police too frequently act with

whim and capriciousness. The Su-

preme Court's decision, in effect,

informs these police officers that

their failure to observe constitu-

tional standards no longer is ac-

ceptable at the local level. In the

long run the decision may prove

to be a major educative force in

improving police practices in the

country."

Search Without Warrant

The Mapp case was brought to

the Supreme Court primarily to

challenge the constitutionality of

the Ohio law barring "mere pos-

session" of obscene material. In

1957 three policemen, looking for

gambling materials, went to Mrs.

Mapp's house, and entered without

a search warrant. When she re-

, sisted, they handcuffed her. They

found no gambling material, but

they did find some obscene books

that she said belonged to a tenant.

The seized books were admitted at

Mrs. Mapp's trial and she was con-

victed. She drew a sentence of

from one to seven years. When

Mrs. Mapp's appeal reached the

Supreme Court, her attorney ar-

gued the "mere _ possession"

issue only and did not request the

high court to deal with the search-

seizure evidence point. The Su-

preme Court in its 1949 Wolf de-

cision had said it was not uncon-

stitutional for state courts to

admit illegally seized evidence.

ACLU Injected Search Issue

In its friend of the court brief

arguing against Ohio's "mere pos- ~

. session" law, the ACLU and its

affiliate, the Ohio Civil Liberties

Union, asked the court to reverse

the Wolf ruling. Its brief said:

"This case presents the issue of

whether evidence obtained in an

illegal search and seizure can con-

stitutionally be used in a State

eriminal proceeding. We are aware

of the view that this Court has

taken on this issue in Wolf v. Col-

orado, 338 U. S. 25. It is our pur-

pose by this paragraph to respect-

fully request that this Court re-ex-

amine this issue and conclude that

ACLU NEWS

July, 1961

` Page 4

the ordered liberty concept guar-

anteed to persons by the due pro-

cess clause of the Fourteenth

Amendment necessarily requires

that evidence illegally obtained

in violation thereof, not be admis-

sible in a state criminal proceed-

ing." :

Common Sense and Morality

The majority opinion, in the

5-4 decision, was written by Jus-

tice Tom Clark, It said that it

was only common sense and mor-

ality to require the same rule for

federal and state trials. Re-exam-

ination of the Wolf case led the

majority, Justice Clark said, "to

close the only courtroom door

open to evidence secured by offi-

cial lawlessness... ."

Harlan Speaks for Minority

Justice John H. Harlan, who

wrote the dissenting opinion,

made special note of the fact that

Mrs. Mapp's attorney did not

raise the Wolf case and that it

had come to the Court's attention

. only because the ACLU and the

OCLU presented the issue in

their friend of the court brief.

Justice Harlan said the important

questions raised in the Wolf case

really weren't heard by the

Court. The dissenting opinion

urged that there be no departure

from the Wolf ruling chiefly on

the ground that the Court should

not impose. rigid federal re-

straints on state practices. -

"Although. the search-seizure

point was not the major issue ar-

gued in the Mapp case," Malin

commented, "this does not les-

sen its importance or the signifi-

cance of the Court's action. The

fact is that until the June 19 rul-

ing state courts could admit evi-.

dence that was obtained in direct

contravention of the Fourth

Amendment. The court properly

saw the constitutional defect in

this situation and acted to bring

the state courts into line with

guarantees clearly set forth in

the Bill of Rights. This is a ma-

jor civil liberties advance."

HUAC Contempt

Conviction

Reversed

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

Supreme Court last month re-

versed the contempt of Congress

conviction of Bernard Deutch.

Justice Potter Stewart lined up

with the "liberal" members of

- the court and wrote the prevail-

ing opinion,

Deutsch was subpoenaed to

testify before the House Commit-

tee on Un-American Activities at

a hearing in Albany, New York.

The purpose of the hearing was

announced to be an investigation

of Communism in the Albany

area and particularly within the

labor field.

Deutsch was asked questions

about his associations at Cornell

University. He admitted past

membership in the Communist

Party and answered questions

about his own activities, but he

refused to inform on other per-

sons. His refusal to answer five

questions led to his indictment.

The statute defines the crime

as refusal to answer "any ques-

tion pertinent to the question un-

der inquiry." The court decided

that "It was incumbent upon the

prosecution in this case to prove

that the petitioner had commit-

ted the offense for which he was

indicted. One element of that of-

fense was the pertinence to the

C.0. Barred from

Practice of Law

In Washington

The U.S. Supreme Court has

refused to review a 6-3 decision

of the Washington state Supreme

Court which held that the Board

of Governors of the State Bar

Association had not been "arbi-

trary or capricious" when it re-

fused Robert Boland Brooks' re-

_ quest to take the bar examina-

tion because of his felony con-

viction arising from his consci-

entious objector status in World

War II. This conviction made

him "not a man of good moral

character,' the Washington high

court said.

Work Camp Rejected

Brooks' conviction of a felony

during World War II grew out of

his refusal, as a conscientious ob-

jector, to report to a non-com-

batant work camp. He was then

charged as being "unjustifiably

defiant of the laws of the United

States."

The Board's rejection of

Brooks' application and the state

Supreme Court's upholding of its

decision were based on the

judgement of his moral character,

because otherwise he had com-

plied with all the requirements

for persons taking the bar exam.

No Change In Principles

The majority opinion found

that "there has been no substan-

tial change in the felonious prin-

ciples to which Brooks adheres"

and that his "fixed refusal to aid

a war effort is directly and nec-

essarily in question when he

seeks admission to practice law."

The court decided that since he

was "without a sense of duty"

and did "not measure up to the

standard of citizenship expected

of an attorney at law," the Board

was correct in not: permitting

him to take the test for the bar.

In his concurring opinion,

Judge Finley took exception only

to the "broad implication of the

majority opinion that a CO per

se is morally unfit to practice

law." He maintained that only

Brooks' refusal to "comply with

the conditional requirement of

the (Selective Service Act)-that

he report to a work camp-was

unreasonable and not morally

justifiable" and that this lack of

a "basie duty of obedience to the

law" disqualified him for prac-

tice of law in the state.

No Moral Turpitude

Judge Hill's dissenting opinion

found nothing in Brooks' choos-

ing imprisonment rather than

service in a work camp to indi-

cate he was not a man of "good

moral character." He felt Brooks'

World War II conviction was

justifiable but that its back-

ground - his adherence to a

firmly, held principle - did not

indicate moral turpitude. In find-

ing "no rational connection be-

tween the claimed. disqualifying

acts and the applicant's fitness

to practice law," Judge Hill cited

other men "of deep and strong

convictions" who "preferred jail

rather than do what (their) con-

sciences said (they) should not

do" and requested, for the minor-

ity, that Brooks be permitted to

take the bar examination.

Meeting Postponed

Last month's meeting of the

Mid-Peninsula chapter, postponed

because of the absence of the

scheduled speaker, will be held

sometime this month or in

August,

subject matter under inquiry of

the questions the petitioner re-

fused to answer. We hold, as a

matter of law, that there was

failure of such proof in this case."

At another point, the court said,

"We hold only that the govern-

ment failed to prove its case."

The court noted that Deutsch

was questioned about his activi-

ties at Cornell University, which

is 165 miles from Albany and

hardly within the announced area

of the Committee's investigation.

Questions about associations at

Cornell University were, there-

fore, not pertinent to the investi-

gation,

The ACLU Depends Upon

The Help of Volunteers

It's the volunteers who make ACLU's wheels go `round.

They are the key levers in almost every program area: edu-

cation, membership or even getting out the NEWS.

Hardly an office procedure goes on without their help-

ing hands - keeping records up to date, checking and

rechecking names and addresses,

stuffing envelopes, stamping,

sealing, addressing bundling

mail, collating and stapling re-

ports, typing - and on and on,

with the essential routine jobs of

day-to-day.

Special projects or campaigns

during the year hinge on them.

They telephone. They do re-

search. They design posters and

paint signs. They arrange parties.

They plan meetings.

A Varied Group

ACLU's volunteers are as

varied as they are many. No con-

formity here in personalities or

talents. They represent all walks

of life of the Bay Area. They

come from Marin, across the Bay,

the Peninsula and every corner

of San Francisco. They bring a

galaxy of skills. They are house-

wives, students, secretaries, ar-

tists, craftsmen, librarians, teach-

ers, lawyers and professional men

and women from many fields.

Some come in regularly, with

a day or two set aside each week

for the ACLU. Some appear as

their schedule allows. Some an-

Report on

Subversion |

Clears ACLU

According to press stories the

Burns Committee (State Senate (c)

Fact-Finding Committee on Un-

American Activities) in its latest

report released to the newspapers

last month has concluded that

the American Civil Liberties

Union is not now "a Communist-

dominated organization or a sub-

versive front in any sense."

"In its lengthy (34-page) dis-

cussion of the ACLU," says the

San Francisco Chronicle, "the re-

port found many faults with the

organization - including what it

considers a penchant for defend-

ing left-wingers but not right-

wingers. The report praised Na-

tional Director Patrick Murphy

Malin and Northern California

Director Ernest Besig."

The ACLU sought to secure a

copy of the report from Sen.

Hugh Burns but was informed on

June 14 that it -would not be

ready for three or four weeks.

Thus, persons mentioned in the

report have inadequate informa-

tion to reply to the Committee

and in another 30 days, as colum-

nist Arthur Caylor put it, "the

whole thing will be as dead as

Anthony's interest in Cleopatra."

In 1943 and again in 1948 when

the committee was under the

leadership of Sen. Jack Tenney it

declared that the ACLU was "a

Communist front or `transmission

belt' organization." On October 24,

1947, the Committee's counsel,

Richard E, Combs, made a con-

trary statement, as did Sen. Burns

in a press release last April.

swer to a call for help. Some do

the work at home. One reports

everyday, working from about

9:30 a.m. to 4:00 p.m. She is "Mrs.

Civil Liberties,' the living

image - in philosophy, wit and

social responsibility. |

Some of the Regulars

Then there's Helen Rooney, a

legal secretary who gives an

hour after work twice a week.

There's Margot Katz, social-

agency secretary, who tackles our

typewriter Saturday mornings, at

lunch time or after working

hours. There's Barbara Slickman,

who meets an emergency at all

times, into the wee hours, Satur-

days, Sundays or Washington's

birthday. There's Polly Hager,

graduate student, who typed morn-

ing, afternoon and night for

weeks until Berkeley's member-

ship committee commandeered

her for the drive. There's Neva

Arnold, who gives an afternoon

a week to whatever needs doing. |

There's Lulu McClees, who drops

in for several hours, now and

again, whenever she can.

Persons On Call

A telephone call is all that's

needed to bring in:~ Margaret

Smith, Marcel Fanconi, Ding

Arian, .Fran Strauss, Libby

Youhn, Audrey Janisen, Ann

Davis, Simona Schwartzberg,

Gretchen Relyea, Sherry Ram-

sow, Spencer Crosley, Koo Oka-

moto, Barbara Rachow, Jan Ru-

bin, Roz Watkins, Mrs. Thomas,

Eldred Vanderlaan, Barbara Gol-

den, Tona Cornette, Mollie Nolan,

Veta Appele, Ruth Opper and

Jack Youree.

Seminar Volunteers

Over 50 members contributed

their time and skills to the

HUAC seminar last March. The

charming efficiency of Susan

Bierman and Doris Kahn, co-

chairmen on arrangements, at-

tracted 34 volunteers to help in

registration, hostessing and

manning the. literature tables.

Two artists, Marjorie Ullberg

and Ray Carney, created the eye-

catching posters and signs inside -

and outside the school. Laurent

Frantz annotated two excellent

sets of bibliographies, a technical

one for the panelists and a pop-

ular one for people enrolled in

the seminar.

Membership Drive

On the membership drive, area

committees range from a few to

over 100 volunteers, depending

on the geography of each locale.

They coordinate with the office,

keep the wires open to prospec-

tive members, throw parties and

conduct educational sessions -

all key to the 780 new members

and 72 NEWS subscribers added

up during the drive by June 23.

It's all these devotees we have

to thank for keeping our civil lib.

erties alive. They are the "doers

of the deed" who make ACLU

work in our communities

The first right of a citizen

Is the right

To be responsible.

JOIN TODAY

GSB 151

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OF NORTHERN CALIFORNIA

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