vol. 27, no. 1

American

Civil Liberties

Union

Volume XXVII

School Board Appeals

San Francisco, January, 1962

: sefore State

The San Francisco Unified School District is expected-on

January 2 to request the California Supreme Court to grant

a hearing in the case of John W. Mass, 49, English instructor

_ at City College of San Francisco who was fired from his job in

1953 after refusing to

Un-American Activities. On No-

vember 29, the State District

Court of Appeal, in a unanimous

decision written by Justice A. F.

Bray and concurred in by Jus-

tices Mathew Tobriner and Ray-

mond Sullivan, dismissed the

ouster suit against Mass because

the school district had not prose-

cuted its action within the time

allowed by law. In other words,

the case was thrown out of court

because Irving G. Breyer, attor-

ney for the Board of Education,

had allowed the statute of limita-

tions to run.

Involved History.

The history of the Mass case is

involved and judged by the past

~ actions of Mr. Breyer and the

school board is apt to become

more complex before it is ended.

This is the second time the case

has reached the State Supreme

'Court in its more than eight-

year history. .

Past Associations Revealed |

The cdse really began in 1950

when Mass signed his Levering

Act oath. He indicated thereon

that he had been a member of

the Communist Party from 1947

to 1949 and that he had taught

at the California Labor School.

These admissions did. not im-

"mediately jeopardize his job but

they made him a prime target -

for the HUAC. His refusal to

answer its questions in 1953 led

immediately to his suspension,

even though he appeared before

- the Board of Education and of-

fered to answer its questions

under oath, and even though he

was supported by colleagues and

students. The Board refused to

interrogate him and ordered dis-

missal proceedings brought in

the Superior Court.

Dismissal Reversed

The lower court's decision or-

dering his dismissal was reversed

by the State Supreme Court in

1956, on grounds that Mass was

entitled to a full hearing "in

which he is afforded an opportu-

nity to explain his reasons for

claiming the privilege of the

Fifth Amendment." At his trial,

the court had merely been con-

cerned with whether he had re-

fused to answer the HUAC's

questions. The case was, there-

fore, sent back to the Superior

testify before the House Committee on

"Oh, The Army Isn't Sponsoring -It's Just Assisting"

eins Fae

ean

Court for a further hearing to

determine the sufficiency of

Mass' `reasons for refusing to

testify. The case was remanded

to the Superior Coust on January

27, 1957. The following May,

Lawrence Speiser, who was then

ACLU Staff Counsel, asked the

late Judge Milton Sapiro to re-

mand the case to the Board of

Education for hearings, but he

declined to do so,

Three-Year Statute

Breyer had three years from

January 27, 1957 to proceed with

his dismissal action. When he

failed to do so, Mass' ACLU at-

torneys filed a motion on April

18, 1961 to throw the case out of

court because it had not been

"brought to trial." This motion

was denied in the Superior Court

but granted on November 29,

1961 in the District Court of Ap-

peal. If the State Supreme Court

now refuses to grant a hearing

the ACLU will demand the re-

instatement of Mass with back

pay. That back pay, with incre-

ments and interest, has been es-

timated at between $65,000 and

$75,000. Any earnings by Mass

-Continued on Page 4

So

Number 1

Books Seized by

San Francisco

Customs Service

The Bureau of Customs has

decided that four books printed

by the Olympia Press in Paris

and imported by a San Francisco

reader are obscene within the

meaning of section 305 of the

Tariff Act of 1930 and hag re-

quested that proceedings be in-

stituted by the United States

Attorney to destroy the books.

Two of the books, "Classical

Hindu Erotology" and "The

Thief's Journal" have been

evaluated by a member of

ACLU's Board of Directors as

well as by the staff counsel and

found to have clear social and

literary value and will be de-

fended by ACLU attorneys.

"Classical Hindu Erotology" is

a translation of a well-known

Sanscrit manuscript thought to

have been written in the first to

sixth centuries A.D. It is a love

or marriage manual which is

freely sold and used in India

today. "The Thief's Journal" is

a novel by the French writer

Jean Genet and contains a laud-

atory foreword by Jean-Paul

Sartre. The other two books,

D.A.F. de Sade's "The 120 Days

of Sodom," volumes I and II,

have not yet been made available

to the ACLU and cannot be

evaluated. -M.W.K.

Gideon Bibles

@- ee e

Distributed in

Sh oeM reece ce

Tuiare Schoois

Despite the opinion of County

Counsel Calvin Baldwin that it

would be illegal to distribute

copies of the Gideon Bible in two

high schools, the Tulare Union

High School District Board of

Trustees last December 18 voted

to allow the distribution to

students the following day,

The project had been approved

by District Superintendent Don-

ovan Cartwright and the Bibles

were given only to those who

wanted them. They are pocket

size editions of the King James

version of the New Testament,

according to F. P. Gerdes of

Visalia, spokesman for the Gid-

eon Society,

The ACLU was not informed

of the matter until several days

after the Bibles were distributed.

It will nevertheless file protests

with the Board. In New Jersey,

distribution of the Gideon Bibles

was held to be unconstitutional

and the Attorney General of Cali-

fornia has made a similar ruling.

Calling All Stockton

Members...

to attend a meeting on Jan-

uary 23, 8:00 p.m. at Mrs.

Samuel Hanson's, 1001 West

Vine Street on the question of

forming an ACLU chapter in

Stockton. Whether you are

for or agin', please come and

give voice to your views - to

start the chapter ball rolling

or not.

(Date subject to change;

please check with David Roth-

Com

From Pittsburgh, Pa.:

The showing of your film "Operation Correction was

a success and our chapter wishes to purchase it. I en-

close a check for $100 for the film. .. .

Those of us who have seen "Operation Abolition" _

feel that you have done an excellent

see it have mixed feelings. After the show-

ing we voted on whether to buy it and the overwhelming

Majority agreed we should make the purchase and show

the film as often as possible in this area and wherever

Wwe can also provide a speaker on the subject.

Congratulations upon your success in exposing "Op-

-Henry H. Foster Jr., Chairman,

American Civil Liberties Union, Greater Pittsburgh,

who did not

eration Abolition."

Chapter, Pa.

. And from Miami, Florida, the following wire:

First showing of "Operation Correction" had start-

ling effect. Bless you! - Tobias Simon, Florida Civil Lib- -

erties Union.

kop, HO 4-1062.)

ents About

`Operation Correction'

job, although some

. "Operation Correction"

lation

Interest Show

Wide

mi

In New Film _.

The release of "Operation Correction," the ACLU's filmed -

answer to HUAC's propaganda film, "Operation Abolition,"

received nationwide press coverage and scores

of inquiries.

After prints of the film became available on December 8,a

few copies were sold in the next couple of weeks, and there

were many successful showings

on a rental basis from coast to

coast.

Few Prints Sold Thus Far

Copies of "Operation Correc-

tion" have thus far been pur-

chased by ACLU or other groups

in Baltimore, Miami, Madison,

DesMoines, Pittsburgh, Portland,

Seattle, Kansas City, St. Louis,

Hearing Held

In Telephone

`Seizure Case

Edgar J. Sokol, whose tele-

phone service was suddenly sus-

pended because of an allegation

by the police that he had used

his phone to aid and abet an

illegal purpose, was finally heard

on December 19 before a hearing (c)

officer of the Public Utilities

Commission of the State of Cali-

fornia.

As expected, the telephone

company and the San Francisco

Police Department had only a

flimsy excuse for their actions,

namely, that Sokol's business

phone number. was found in the

account book of a man arrested

for illegal bookmaking, When

asked to explain why the entries

under Sokol's number were com-

pletely different from the types

of entries under the bookmaker's

other accounts, the police depart-

ment witness could offer no ex-

planation,

The ACLU intends to pursue

ba question of the right of the

Police department to order the

removal of telephone service

without any evidenciary showing

of misconduct on the part of the

subscriber, Meanwhile the case

of Sokol stands submitted for a

decision of the hearing officer.

ee -M.W.K.

Commission -

Upholds Firing

Of P.O. Employee

The Board of Appeals and

Review of the U.S, Civil Service

Commission in Washington D. C.

has rejected the claim that a post

office employee was suspended

from his job on ~ arbitrary

grounds.

The employee, while still in

the U. S. Air Force, had been

accused of homosexual conduct.

He denied the charge and his

accuser was later court-martialed

and found guilty of falsifying the

charge in an attempt to extort

money from his alleged com-

panion.

Eleven months after the

charge was made, the post office

employee was given a general

discharge from the Air Force

under honorable conditions. He

then took the post office job

where after several months of

satisfactory service, he was sus-

pended for "immoral conduct"

antedating his post office employ-

ment.

The ACLU in arguing his

appeal pointed out that no in-

vestigation of the employee's

defense had ever been made, and

that he had no record of any

immoral conduct, Court action

in the case is being contemplated.

-M.W.K.

and New York. After a Christmas

holiday lull, there will be many

showings during January and

February.

The Associated Press story on

the release of the film was writ-

ten by Leif Erickson. "At the

film's start," says he, -"the Come

mittee chairman, Francis E, Wal-

ter, D-Pa., is seen and heard de-

claring the film shows that the

May 1960 riot outside a hearing

room was Communist-led and in-

cited. Walter declares the Com-

munists used the students ag

dupes to do their dirty work,

Duping by HUAC = 7

"In `Operation Correction's?

closing summary, Besig says:

"Yes, some Americans have been

duped, but in this case the dup-

ing has been done by the House

committee.'

"Besig's narration argues that

the committee film and narration

were skillfully designed `to cre-

ate the impression that all who

oppose the committee are either

Communists or Communist

dupes. 7

"Besig contends dramatic and

noisy events occurring on Thurs-

day and on Saturday were woven

into' "Operation Abolition" as if

they were events immediately

preceding the rioting ciimax-on

Friday.

Communist Relationship

Disproved

"Besig contends also that `Op-

eration Abolition' strongly im-

plies close and direct relation be-

tween identified Communists

subpoenaed as witnesses and the

student demonstrators.

"Besig argues there was no

such relation. He contends re-

sponsibility for the outbreak of

violence rests with the commit-.

tee and San Francisco police,

who turned fire hoses on the

students."

No Cuts in New Film

"Operation Correction" is a 16

millimeter film, 47 minutes long

(2 rhinutes longer than "Opera-

tion Abolition.") It is narrated

by Ernest Besig, Executive Di-

rector of the ACLU of Northern

California, "Operation Correc-

tion" uses the original film of

"Operation Abolition" with the

same sequences in it, in the same

position, BUT WITH AN EN-

TIRELY NEW NARRATION.

Nothing. has been cut out of the

film except the old narration and

the comments of the Congress-

men. "The effect of the contra-

dicting narration in `Operation

Correction'," says the AP story,

"is to make the same pictures

tell completely reversed stories."

To show how scenes have been

rearranged to falsify the facts,

subtitles have been furnished

-Continued on Page 3

In This Issue...

ACLU Urges Civil Liberties

For Students ......... p. 3

Annual Breakast Hears -

Buell Gallagher Jan. 14 .p. 2

Florida's Non-Disloyalty

Oath Invalid... 0.20... p. 4

Free Textbooks for

Parochial Schools Banned p. 2

John Pemberton Elected

National ACLU Exec. Dir. p. 2

Housing Discrimination

Cases Before High Court p. 3

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American. Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG ... Editor

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

A ' Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

Dr. Alfred Azevedo

Theodore Baer

Prof. Arthur K. Bierman

Rey. Richard Byfield

Prof. James R. Caldwell

John J. Eagan cee

Samuel B. Eubanks

Prof. Van D. Kennedy

Rey. F. Danford Lion

John R. May

Lloyd L. Morain

Honorary Treasurer:

Jceeph M. Thompso"

Honorary Board Membe.

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: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

r Helen Salz

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_1962.batch 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 - Rev. Harry. B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig .

Committee of Sponsors

Prof. Charles Muscatine

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust

Prof. Nevitt Sanford

Mrs. Alec Skoinick

Mrs. Martin. Steiner

Gregory S. Stout

Donald Vial

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. Rey. Sumner Walters

Stanley Weigel

Franklin H. Williams

_ Oregon Supreme Court

Free Textbooks for

-Parechial Schools Banned

Basing its decision on the Oregon Constitution, rather

_ than the U.S. Constitution, the Oregon Supreme Court, in a

6 to 1 decision, recently declared unconstitutional a 20-year-

old Iaw under which local school districts purchase textbooks

out of state funds for use in church-sponsored and other

private schools.

The Oregon case, supported by

the local ACLU, was initiated by

a group of taxpayers in Oregon

City who sought to stop their

district from furnishing books to

a Catholic elementary school,

kb Oregon Constitution

Under Article I, Section 5, of

the Oregon Constitution, "No

`money shall be drawn from the

_ treasury (of the state or its sub-

divisions) for the benefit of any

religious or theological institut-

tion..."

"Catholic schools,' said the

court, "operate only because

Catholic parents feel that the pre-

eepts of their faith should be in-

tegrated into the teaching of sec-

ular subjects. Those who do not

share in this faith need not share

in the cost of nurturing it."

The lone dissent was handed

down by Justice George Rossman,

who held that textbooks are given

to individual students rather than

to the private and parochial

schools.

, Double Taxation Argument -

f The court dismissed the familiar

double taxation argument of the

supporters of the law. `" The state

does not compel pupils to attend

a parochial school; their attend-

ance is.a matter of choice, and

the cost thereof is not a matter

of public concern."

Oregon State Superintendent

of Schools Leon Minear has in-

structed local school districts to

be circumspect in following the

State Supreme Court's decision.

He estimated that books in the

possession of parochial schools

represent an original cost of ap-

proximately $1,000,000, or an av-

erate annual replacement cost of

about $250,000.

ob Louisiana Case

' The court's decision runs coun-

_ ter to a decision of the U. S. Su-

ACLU NEWS

January, 1962

Page 2

preme Court in a Louisiana case, -

Cechran ys. Louisiana, decided in

1930, which held that the Louisi-

ana law was not a tax for a pri-

vate purpose. At that time, the

U. S. Supreme Court had not de-

termined that under the First and

Fourteenth Amenaments the

States, no less than the Federal

government, may make no law re-

specting an establishment of re-

ligion.

Today, only in Louisiana, Mis-

sissippi and West Virginia' are

textbooks provided to private and

parochial schools out of public

funds.

AEC Security

Case Based on

Parent's Actions

The Board of Directors of the

ACLU `of Northern California

has authorized intervention in a

security case at the University

of California Radiation Labora-

tory involving a young graduate

student,

He is accused of having bad

associates, to wit, his parents.

Of course, he hasn't resided at

home during the past six years,

except during holidays, and his.

parents are separated but, never-

theless, he's accused of being a

security risk because he hasn't

discontinued his association with

them, -

Judging from the charges, the

parents have long since severed

their left-wing `connections. In

one instance, the allegations

claim activity with two groups as

late as 1955, and 1953 respec-

tively, while in the other case

membership is

until 1947,

The employee will be repre-

sented by Ernest Besig, ACLU

. Executive Director. Thus far, no

`date has been set for the re-

quested hearing.

claimed only

John Pemberten

Elected National

ACLU Exec. Dir.

The election of John de J. Pem-

berton, Jr., of Rochester, Minne-

`sota, as executive director of the

American Civil Liberties Union

' was announced on December 27

by Ernest Angell, chairman of

the Union's board of directors.

Mr, Pemberton will succeed

Patrick Murphy Malin, who last

July was named president of the

American -operated Robert Col-

leges in Istanbul. Mr..Pemberton

will assume his position on April

Ist.

Lawyer

A 42-year-old lawyer, Mr. Pem-

berton will become the third ex-

ecutive head in the ACLU's 41-_

year history. Mr. Malin, who has

led the Union during the last 12

years, was the successor to Roger

N. Baldwin, the Union's founder,

who retired as executive direc-

tor in 1950. Mr, Baldwin still

serves as the Union's Interna-

tional Work Advisor. -

Mr, Pemberton, a native of

Rochester, Minn., hag been en-

gaged in the general practice of

law in that city since 1950. Prior

to that time he served on the fac-

ulty of the Duke University Law

School from 1947 through 1950,

first as Acting Assistant Profes-

sor of Law and then as Associate

Professor of Law. During the

1949-50 period he was Associate

Editor of the school's publica-

tions, Law and Contemporary

Problems and Journal of Legal

Education. :

Has Knowledge of ACLU

Mr. Pemberton will bring to

his ACLU post a broad knowledge

of .ACLU's operations, having

served as chairman of the Minne-~

sota Branch from 1955 through

1958. He is now a member of the

Branch's executive board. He is

also a member of the Minnesota

Fair Employment Practices Com-

mission and has been a member

of the Minnesota Advisory Com-

mittee to the U. S. Civil Rights

Commission from 1958 to the

present. In the latter capacity he

helped to prepare the Commit-

tee's reports on the status of civil

rights in Minnesota. Mr, Pember-

ton is also a member of the Roch-

ester City Charter Commission

and has been active in the affairs

of the local chamber of com-

merce.

Swarthmore and Harvard

Mr. Pemberton received his

elementary and secondary school

education in Rochester, and was

graduated from Swarthmore Col- (c)

lege in 1940 `with a Bachelor of

Arts degree. During the 1941-45

war period, he served with the

American Field Service ambu-

lance units in the Middle East

and India. He was graduated

from Harvard Law School in 1947

and was a member of the Harvard

Law Review Board of Editors in

1946-47 academic year.

Mr. Pemberton is married and

has five children-four girls and

one boy. He is a member of the

Society of Friends (Quakers) and

a Republican in politics.

~ DR, BUELL G. GALLAGHER

Federal Court Suit

liana

The Indiana Civil Liberties Union has answered the motion

of Indiana's Attorney General, Edwin K. Steers, to dismiss

the Union's suit for reapportionment of Indiana's state legis-

lature. The suit, brought on behalf of four qualified Indiana

voters in August, alleged that the counties in which they

resided were "substantially" un-

der-represented, and that they

were therefore denied equal pro-

tection of the laws guaranteed by

the.Fourteenth Amendment. The

ICLU asked the court to declare

unconstitutional the Apportion-

ment Acts of 1921, which had es-

tablished the present election dis-

tricts.

Need for Reapportionment

Explaining the need for reap-

portionment of the Indiana Gen-

eral Assembly, the brief says that

the state constitution calls for an

enumeration of the male inhabi-

tants of the state over 21 years of

age to be made every sixth year,

and requires the Assembly to ap-

portion the number of Senators

and Representatives in the sev-

eral counties according to the

number of these male inhabitants.

Prior to 1921, according to the

brief, the Assembly did reappor-

tion itself `periodically,' but has

failed to do so since 1921, and has

not obtained a complete enumer-

ation of the state since 1931.

Population Changes

_ In the 40-year period since 1921,

the brief points out, population

growth in the various counties

has been "quite uneven''-Lake

County, for.example, having

lost population. The result is un-

der representation for some and

over representation for other

counties. Voters in the under rep-

resented counties have therefore

been "denied the representation

in the law-making body of Indi-

ana to which they are entitled..."

The brief states further that

though reapportionment has been

an issue in each session of the In-

diana Assembly, no action has

been taken. "The result is that

the discrimination continues to

grow worse, and as the years pass

this becomes more and more dif-

ficult to correct ...",

State Officials Named

The ICLU suit named as de-

fendants Governor Matthew E.

Welsh, the Secretary of State of

Indiana, the State Election Board,

county clerks in each. of the four ~

counties in which the plaintiffs

reside, and the County Election

Boards in these counties. The

Attorney General's motion to dis-

miss the suit declared that action

against these officials was barred

by the Eleventh Amendment be-

cause it is in reality an action

against the State. The ICLU

brief: counters that the Amend-

ment "is not a bar to suits against

officers and agents of a State who

are executing or threatening to

execute unconstitutional laws of. -

such State."

It declares further that though

the Federal District Court has

not "the power to mandate the |

General Assembly to reapportion

itself," this "does not imply the

lack of power to prevent the con-

' tinued operation of laws or con-.

duct whieh violate the Federal

Constitution." It asks the court

to provide a remedy "for the pro-.

tection of plaintiff's constitution-

al rights."

Sacramento Valley Chapter

Freeway.

higher learning.

stone 1-6196. :

Annual Breakfast Hears

Buell Gallagher Jan. 14

Over 400 persons are expected to hear Dr. Buell G.

Gallagher, first chancellor of California's state college

system, deliver a major address at the annual breakfast

. meeting of the Sacramento Valley Chapter, announced

Darrell Shryock, chapter chairman.

The meeting will be held January 14 at 10:30 a.m. at

the Sacramento Inn, Arden Way and North Sacramento

The speaker will be introduced by State Senator

Albert S. Rodda (D) of Sacramento. :

After nine years as president of the nation's largest.

college, City College of New York, Gallagher left the

position last July to head up the nation's largest system

of colleges with 96,000 students enrolled in 15 state col-

leges. When he resigned, he was awarded a medallion by

New York City for his distinguished service to the city.

He was formerly a consultant to the Federal Security

Administrator and to the Commissioner of Education,

assistant commissioner in the U.S. Office of Education,

president of Talladega College in Alabama, instructor at

Doane College in Nebraska and professor of Christian

ethics at the Pacific School of Religion in Berkeley.

A Phi Beta Kappa graduate of Carleton College in

Minnesota, Gallagher studied at Union Theological Sem- -

inary, London University and Columbia University

where he earned a Ph.D.

degrees in divinity, letters and law conferred by Oberlin,

Carleton and Doane Colleges and Brandeis, Cincinnati

and Columbia Universities and other institutions of

Gallagher is chairman of the American Committee

of World University Service and one of its international

vice chairmen. He has been a member of the national

Board of Directors of the NAACP since 1934.

Shyrock said tickets for the breakfast meeting are

available at $2.50 each from local ACLU members or

from Mrs. Jack Clevenger, breakfast chairman, at GLad-

He holds many honorary

Revised Pamphlet

Liberti

es For

Students

`The American Civil Liberties Union called on colleges and

universities last month to grant students the right of free

discussion in off-campus political activities, student-spon-

sored forums and the operation of student newspapers and

radio stations. The civil liberties organization also urged an

end to dicrimination jin social

elubs and fraternities `and off-

campus housing facilities,

Revised Phamphlet

The Union's views were made

public in a new edition of its

pamphlet, "Academic Freedom

and Civil Liberties of Students in

Colleges and Universities." The

pamphlet was prepared by the

Union's Academic Freedom Com-

mittee, of which Dr. Louis M.

Hacker is chairman,

In announcing the expanded

and rewritten 15-page pamphlet,

first. published in 1956, the

ACLU paid tribute to the greater

role being played by students to-

day in defense of civil liberties.

Referring to student protests

against racial segregation, bans

on controversial campus speak-

ers and the operations of the

House Un-American Activities

Committee, the ACLU said such

activity has demonstrated college

student's concern with making

the principles of the Bill of

Rights "not merely a historical

document of freedom but a living

reality, Our democracy is

strengthened by this revived

`student interest in individual

rights," the ACLU added.

Off-Campus Picketing

Heavy emphasis is placed in

the new pamphlet on the right of

college students to engage in off-

campus picketing or other types

of demonstrations without being

penalized by the college adminis-

tration, provided they do not

claim without authorization to

represent their administration.

The pamphlet says: ". . . students

should not be shackled by col-

lege control, nor should the col-

lege be held responsible for the

off-campus activities `of its indi-

vidual students . . . When stu-

dents choose to participate in ac-

tivities that result in police ac-

tion, such as demonstrations

against segregation, the civilian

defense program or nuclear tests,

it is an infringement of their

liberty for the college to punish

such activity. Students who vio-

Jate a local ordinance or any law

which they consider to be mor-

ally wrong, risk the legal penal-

ties prescribed by the civil au-

thorities, Since not every con-

viction under law is for an

offense with which an educa-

tional institution must concern

itself, it is incumbent on the

eollege to refrain from admin-

istrative decisions which would

violate students' academic free-

dom."

Neither should orderly demon-

strations on campus be prohibi-

ted, the pamphlet declares; nor

should a college require that

special permission be obtained

for distribution of pamphlets

and petitions, anywhere on cam-

pus, except in class-rooms and

study halls, - :

Forums

On the subject of. student-

sponsored forums, the Union

holds categorically that "stu-

dents should be accorded the

right to assemble, to select speak-

ers and to discuss issues of their

choice." The college administra-

tion, which should have received

sufficient notice of the proposed

invitation,' may properly inform

the (student) group's leaders of

its views in the matter but

iv

should leave the final decision to

them, Permission should not be

withheld because the speaker is

a controversial figure . . . Stu-

dents should. enjoy the same

rights as other citizens to hear

different points of view and draw

their own conclusions. At the

same time, faculty members and

college administrators may if

they wish acquaint students with

the nature of organizations and

causes that seek to enlist student

support.'

Campus Press

The campus press should be as

free as campus platforms, the

Union declares. "`All student pub-

lications - college newspapers,

literary and humor magazines,

academic periodicals and year-

books - should enjoy full free-

dom of the press. They are too

often denied it by college ad-

mninistrations which fear public

criticism."

The Union urged that the col-

lege newspaper's advisory board

be composed of "at least a ma-

jority of students, selected by the

student government or council

or some other democratic

method." It suggests that the

board may include such other

members as a teacher in the

School of Journalism, an alum-

nus, a lecal newspaper editor

and "such representation from

the faculty and/or Dean's office

as may be mutually agreed upon. -

The adults on the board (or the

faculty adviser if the paper has

_a single consultant) should coun-

sel the editors on the ethics and

responsibilities of journalism,

but neither a faculty member

nor an administrator should ex-

-ercise veto power over what may

be printed." Other duties of the

college newspaper advisory

board suggested by the Union

may be to interview and select

qualified candidates for staff

`positions, and to hold impartial

hearings on the continuation in

office of an editor who has "ex-

ercised excessively bad judgment

in One. or a number of instances.

The college administration," this

section of the pamphlet con-

cludes, "which takes no step to

control the content of a student

publication and refrains,

controversial situation, from sus-

pending. or discontinuing publi-

cation or penalizing one or more

student editors, testifies to its

belief in the principles of aca-

demic freedom and freedom of

the press..."

In a new section on Radio and

Television, the pamphlet calls on

college administrators to accord

to student-conducted stations the

same freedom of operation,

within limits laid down by the

Federal Communications Com-

mission, as should be allowed

college publications,

Discriminatory Practices

The ACLU strikes hard at dis-

criminatory practices on the cam-

pus. "Social clubs and fraterni-

ties should be permitted to func-

tion provided they do not dis-

criminate on grounds of race, re-

ligion, color or national origin.

For. non-members, the college

should provide living and eating

facilities of as good a quality as

those offered by fraternities or

clubs... . Wherever numbers of

students are obliged to live off-

campus because of insufficient

in a.

'

Church-State

Case Appealed

In Florida

The Florida Supreme Court is

considering an appeal from a

lower court ruling upholding

Bible reading and the recitation

of the Lord's Prayer in Miami's

schools. The Florida Civil Liber-

ties Union is backing the appeal

on the ground that these prac-

tices are a violation of "the

church-state separation principle

of the First Amendment." Three

other rulings in the decision by

Circuit Judge J. Fritz Gordon in

- Dade County, Florida, last April,

barring after-school - religious

classes, sectarian holiday observ-

ances and the showing of relig-

ious movies in Miami schools

_were hailed as a victory for re-

ligious freedom by the ACLU's

Florida affiliate.

Five Parents Sued

The case against the sectarian

practices in the Miami

schools: was brought by five par-

ents, who were represented by

the ACLU and the American

Jewish Congress jointly, A state-

ment by the two organizations

expressing gratification with

Judge Gordon's decision stressed

the fact that it protects the pub-

lic school child from "invasions

of his religious conscience," and

that it is not an attack on re-

ligion or its free exercise, as

some have claimed, but is a rec-

ognition of the "rights of all re-

ligions. as well as non-believers."

Bible Reading Challenged

Noting that Judge Gordon in -

his ruling had allowed reading

from the Bible in the schools if

done without "sectarian com-

ment," the statement said: "We

note that the decision did not

hold Bible readings per se to be

a breach of the wall of separation

between church and state. The

question of the constitutionality

of Florida state's Bible reading

law, therefore, still awaits a final

decision."

Religious Symbols

The Circuit Court decision also

found no objection to the use of

religious symbols in classrooms -

in children's art work depicting

the cross, the star of David, or

the star of Bethlehem, which it

compared to the wearing or dis-

playing of such symbols by chil-

dren in their own dress. The

ACLU-AJC statement commented

on this that the court had made

no reference to the display of

other religious symbols such as

the Ten Commandments in the

classroom, or the nativity scene

on a school lawn: "Obviously we

have no objection to a child's

wearing a cross or Jewish star

around his neck. We do object to

the public display of religious

symbols on school property . . ."

A ruling from the Florida Su-

preme Court is also being sought

by the ACLU on this issue, ~

Baccalaureate Programs

Judge Gordon also upheld bac-

calaureate programs which are

addressed by a minister, priest

or rabbi, where attendance is Op-

tional, because, as he said, the -

court could not assume "that at -

these programs religious teach-

ings are resorted to..."

dormitory space, or because they

are married, the college admini-

stration should ensure that pri-

vate rentals are on a non-discrim-

inatory basis."

to a country-wide study published

in 1961 by the New York State

Commission Against Discrimina-

tion, which disclosed that only 19

out of more than 100 institutions

of higher education surveyed,

had regulations forbidding bias

in renting to students.

Teacher Disclosure -

Another new section of the

pamphlet digests the Union's re-

-Continued on Page 4

Sub- committee.

public

Reference is made ~

On Opposing Communism

"Because communism thrives on turmoil, the party is

continuously attempting to exploit all grievances - real

or imagined - for its own tactical purposes. It is, there-

fore, almost inevitable that, on many issues, the parity

line will coincide with the position of many non-Com-

munists. The danger of indiscriminately alleging that

someone is a Communist merely because his views on a

particular issue happen to parallel the official party posi-

tion is obvious. The confusion which is thereby created

helps by diffusing the forces of their opponents.

"Unfortunately, there are these who make the very

mistake the Communists are so careful to avoid. These

individuals concentrate on the negative rather than on

the positive. They are merely against communism with-

out being for any positive measures to eliminate the

social, political, and economic frictions which the Com-

munists are so adroit at exploiting.

"These persons would do well to recall a recent les-

son from history. Both Hitler and Mussolini were against

communism. However, it was by what they stood for, not

against, that history has judged them.''-

the 1961 report by J. Edgar Hoover, "The Communist

Party Line," prepared for the Senate Internal Security

-Excerpt from

Housing Discrimination

Cases Before High Court

In an order dated December 18, 1961, the California

Supreme Court agreed to transfer to itself the case of Burks

v. Poppy Construction Co. which had been pending in the

District Court of Appeal. The case, in which Marshall Krause,

ACLU staff counsel is attorney for the appellants, involves

San Jose Area

Meeting Votes

For a Chapter

Over 70 members in the San

Jose area met early in Decem-

ber to discuss possibilities of

forming a chapter.

Dick Wasserstrom, chairman

of the mid-Peninsula chapter, re-

viewed the development and ex-

periences of that group. How it

works, what demands are made

on members' time and talents

and what it accomplishes formed

the heart of the questions he ex-

amined, Peter Szego, vice-chair-

man in charge of Mid-Peninsula's

membership, effectively filled in

on Dr. Wasserstrom's observa-

tions. Jeanette Harris, member-

ship director from the San Fran-

cisco office, emphasized the obli-

gations members assume in de-

veloping a chapter program and

the evolving relations between

.chapters and the branch.

Interim Committee

Members examined . almost

every point, pinning generaliza-

tions down to their specifics.

Discussion back and forth, pro

and con, ended in enthusiastic

approval for getting a chapter

going. Seventeen members volun-

teered on the spot to serve on

the interim committee to do the

preliminary spade work for the

organization.

As activity goes on apace in

the area, a questionnaire canvas-

Sing the total membership for

reaction and participation is be-

ing circulated. Returns to date

confirm the meeting's over-

wheming vote in favor of a

ehapter.

Membership Meeting

`Tentatively, a membership

meeting is planned for February

4, Sunday, at 7:00 p.m., probably

in the Unitarian Chuch, 160 N.

Third Street in San Jose. Exec-

utive Director Ernest Besig will

give a short talk on the history

and operation of the Northern

California Branch, The volunteer

interim committee will present

by-laws for chapter approval, Of-

ficers will be elected. -

Along with a notice of this

meeting, all members in the San

Jose area will be mailed a list

of nominees for the chapter

board, introducing each one with |

a profile on background and

qualifications. Proposed by-laws

will be available for sy before

the meeting.-J.H.

the important question of wheth-

er the Unruh Civil Rights Act,

allowing a civil damage action to

victims of racial discrimination

in business establishments, ap-

plies to housing subdivisions. (c)

The trial court in the Burks

case held that the language "all

business establishments of every

kind whatsoever" did not apply

to the owner of a group of tract

homes in his sales to the general

public.

Other Cases Pending

The Burks case is one of four

cases involving the Unruh Act

that the California Supreme

Court agreed to hear directly in-

stead of waiting for the decision

of the District Court of Appeal.

Two of the other, three cases

involve the application of the

Act to apartment house owners

who discriminate in the rental

of apartment houses on the basis

of race, while the remaining case,

Vargas v. Hampson, brought by

the ACLU of Southern California,

will decide whether real estate

brokers are liable for damages

for refusing service on the basis

of race.-M.W.K.

Wide Interest

In `Operation

Correction'

Continued from Page 1-

from time to time to indicate the

day scenes were actually taken.

Prints Cost $100

Prints of the film may be pur-

chased from the American- Civil

Liberties Union of Northern

California, 503 Market St., San

Francisco 5, Calif., at $100. per

copy, including mailing costs. Air

express or air mail costs of

shipment must be borne by the

purchasers.

Rental Charges $15

The rental charge for a print

ig $15 per day, plus shipping

charges. A deposit for the safe*

return of a rented print may be

required, Since there is a. great

demand for "Operation Correec-

tion' rental orders are being

filled on a first- -come, first-served-

basis.

A student group at the Uni-

versity of California, quick to

grab an opportunity to raise

funds, exhibited the film a week

after its release and drew a

standing room only crowd of 250

at Stiles Hall at 50 cents per

head. ,The Student Civil Liber- -

ties Union at the University of

California has "now scheduled a

showing for Friday, January 5.

ACLU NEWS

January, 1962

Page 3

U. S. Supreme Court Decision

Invalid

The U. S. Supreme Court on December 11 invalidated an

oath of non-disloyalty required of all. public employees in

Florida. Under a 1949 Florida statute employees were re-

quired, in part, to swear: "I have not and will not lend my aid,

support, advice, .counsel or

Party."

"We think," said the unani-

mous court in an opinion written -

by Mr. Justice Potter Stewart,

"this

within the compass of those de-

_ cisions of the Court which hold

that *. . . a statute which either

forbids or requires the doing of

an act in terms so vague that

men of common intelligence must

necessarily guess at its meaning

and differ as to its application,

violates the first essential of due

process of law.' ...

Further Aggravation

"The vice of unconstitutional

vagueness is further aggravated

`where, as here, the statute in

question operates to inhibit the

exercise of individual freedoms

affirmatively protected by the

Constitution."

_ While Justices Black and Doug-

las concurred, they indicated

that they had not changed their

minds that all non-disloyalty

test oaths are unconstitutional.

The oath was challenged by

ACLU Urges

Civil Liberties

For Students

Continued from Page 3- .

cent policy statement on Teacher

Disclosure, which points to the

dangers of disclosure by teachers

to government agents and other -

employers of information about

the personal beliefs and activi-

ties of former students.

The main headings of the

pamphlet follow:

-[ THE COLLEGE, THE COM.

MUNITY AND THE EDUCA-

TIONAL PROCESS -

II BASIC PRINCIPLES

Ill STUDENTS AS CAMPUS

CITIZENS: Student Government; |

Student Clubs;

sored Forums; Pamphlets, Peti-

tions and Demonstrations; Stu-

dent Publications; Radio and

Television.

IV REGULATIONS CON-

CERNING STUDENT LIFE

AND DISCIPLINE: Enactment

and Promulgation of Regula-

Student-Spon-

tions; Due Process in Disciplin-

ary Cases.

V STUDENTS AS OFF-CAM-

PUS: CITIZENS: Political Activi-

ties - Picketing - Demonstrations;

Teacher Disclosure; Housing.

VI STUDENTS IN SCHOOLS

BELOW THE COLLEGE LEVEL

Secondary Schools

This last section, in less than a

page, indicates how the prin-

ciples set forth for college and

university students should be ap-

plied at the secondary school

level, Currently the Union's Aca-

demic Freedom Committee, with

the aid of a subcommittee of

high-school teachers, is prepar-

ing a pamphlet on the academic

freedom rights of students in

secondary schools and of all pub-.

lic school teachers. The Union's

other basic pamphlets in the

field are "Academic Freedom

and Academic Responsibility,"

and "Academic Due Process."

Copies of the pamphlet may be

secured from the ACLU office,

503 Market Street, San Francisco

5, Calif. The price is 10 cents per

eopy.

ACLU NEWS

January, 1962

Page 4

ease demonstrably falls

influence to the Communist

David Walton Cramp, Jr., a pub-

lie school teacher at Orlando,

Florida, He was represented by

Tobias Simon of Miami, an ACLU

attorney.

Nine Years Late

Although he had taught for

nine years, it was discovered only

in 1959 that Cramp had never

signed the oath. He refused to

sign the oath and was dismissed

in 1960 despite declarations that

he had never supported the Com-

munist party but merely opposed

the oath on principle.

The Florida oath, in addition

to requiring a declaration of sup-

port for the Federal and state

constitutions, has the employee

swear he is not a Communist

Party member, that he has not and

will not support the Communist

Party, and that he does not be-

lieve in violent overthrow of the

government or belong to any

group so believing.

Excerpts From Opinion

-Following are important ex-

cerpts from Justice Stewart's

opinion:

_ Those who take this oath must

swear ... that they have not in

the unending past ever know-

ingly lent their "aid," or "sup-

port," or "advice," or "counsel"

or "influence" to the Communist

Party. What do these phrases

mean? In the not too distant past

Communist Party candidates ap-

peared regularly and legally on_

the ballot in many state and local

elections. Elsewhere the Com-

munist Party has on occasion en-

dorsed or supported candidates

nominated by others. Could one

who had ever cast his vote for

such a eandidate safely sub-

scribe to this legislative oath? .

Could a lawyer who had ever

represented the Communist

Party or its members swear with

either confidence or honesty that.

he had never knowingly lent his

"counsel" to the Party? Could a

journalist who had ever defended

the constitutional rights of the

Communist Party conscientiously

take an oath that he had never

lent the Party his "support?" In-

deed, could anyone honestly sub-

scribe to this oath who had ever

supported any cause with con-

temporaneous knowledge that the

Communist ry also supported

it?

Extraordinary Ambiguity

The very absurdity of these

possibilities brings into focus the

extraordinary ambiguity of the

statutory language. With such

vagaries in mind, it is not un-

realistic to suggest that the com-

pulsion of this oath provision

might weigh most heavily upon

those whose conscientious

scruples were the most sensitive.

While it is perhaps fanciful to

suppose that a perjury prosecu-

tion would ever be instituted for

`past conduct of the kind sug-

gested, it requires no strain of

the imagination to envision the

possibility of prosecution for

other types of equally guiltless

knowing behaviour. It would be

blinking reality not to acknowl-

edge that there are some among

us always ready to affix a Com-

munist label upon those whose

ideas they violently oppose. And

_ experience teaches that prose-

cutors too are human,

"City of Hate."

3 Mass Case To Go

Before State

Supreme Court

Continued from Page 1-

outside the teaching profession

need not be subtracted. In the

last six months, Mass has done

some tutoring in Los Angeles.

Last February, after the sta-

tute of limitations had run, the

ACLU sought to negotiate Mass'

reinstatement. It seemed that a

monetary settlement of $20,000

and reinstatement had been ar-

rived at when for some unex-

plained reason the settlement

fell through, In the meantime,

Mass had applied for renewal of

his teaching credential which had

lapsed in 1956. The Credentials

Commission turned down the ap-

plication because Mass had de--

clined to testify before HUAC in

1953, but, after a hearing and a

favorable recommendation from

the hearing officer, the State

Board of Education granted the

credential.

Praised by Conlan

When the District Court of Ap-

peal handed down its recent deci-

sion, Dr. Louis G. Conlan, pres-

ident of City College, was quoted

in the press as. saying he would

have `no objection whatever to

Mass' return to the teaching staff

if he is permitted to do so.

"He is an excellent teacher and |

his record here was gbsolutely

clear," Conlan said.

"T have repeatedly made my

position about Mass clear to both

the State Board of Education and

- the San Francisco board.

"Mass offered years ago to ap-

pear before the local board and

explain under oath what he had

done and why he had invoked

the Fifth Amendment. His offer

was never accepted." :

No End In Sight

If Breyer's appeal is turned

down by the State Supreme Court

further legal action may be

necessary to secure Mass' rein-

statement. Breyer has been

quoted as saying that although

he was appealing the District

Court's decision, his contention

was that Mass had forfeited his

job when he allowed his teaching

credential to lapse. Even though

Mass obtained a new credential,

Breyer argues he was unemploy-

able in the interim period. These

contentions do not seem to be

very substantial but they will no

doubt be used by Breyer as the

basis for further legal maneuver-

ing to prevent Mass' reinstate-

ment.

The ACLU has handled the

Mass case since its inception,

first through Lawrence Speiser,

_then Albert M. Bendich and now

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Caiifornians

Acquitted of

Criminal Slander

The first United States prosecu-

tion for "conspiracy to commit

criminal slander" was dismissed

by a California District Court of

Appeals, which ruled that there

was ho Substantive merit to

charges brought against news

commentator Pat Michaels and

five Elsinore city officials.

The appellate court upheld a

Superior Court decision which

had dismissed the charge of

"group slander" resulting from a

December, 1960, television pro-

gram describing -Elsinore as a

The state had

contended that the telecast-an

expose of alleged religious preju-

dice in Elsinoge and the effects

of anti-semitic vandalism-slan-

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business in the eity of Elsinore

at the time of the telecast who

may be thought, erroneously or

otherwise, to be anti-semitic."

Investigator's Subpoena

Power Challenged

The ACLU went to court on December 21 to challenge the

validity of an order signed by Federal District Court Judge

Alfonso Zirpoli requiring Lum Yen to appear before an in-

vestigator for the Immigration and Naturalization Service

and give testimony concerning the right of his daughter to

remain in this country.

Staff Counsel Marshall Krause

argued that compulsory testi-

mony before an investigator-as

distinguished from testimony be-

fore a hearing officer or Immi-

gration Service Special Inquiry

Officer where proceedings are

quasi-judicial - violates constitu-

tional guarantees of liberty and

freedom from governmental re-

straint, and that the grant of an

analogous power to the FBI or to

a state district attorney to inter-

rogate witnesses concerning a

suspected law violation would

violate the 5th and 14th Amend-

ments.

Krause also argued that the

statutory. power, even if consti-

Test on a Matter

When two detectives recently

entered the New Haven birth

control clinic of the Planned Par-

enthood League and gathered ma-_

terial for a subsequent arrest, it

appeared that Connecticut might

at last be nearing a final trial of

an inexcusable legal impasse.

Although 29 states have laws

that in some degree hamper the

dissemination of family planning

information, only Massachusetts

joins Connecticut in being so re-

strictive as to intrude on the

right of all individuals to learn

about and practice planned par-

enthood. At least, that would be

the effect if statutes on the books

in the two states were rigidly en-

forced. But actually application

of the law seems to be accom-

plished more by implied threat

than by apprehension of offend-

ers.

So, in order to test fhe consti-

tutionality of Connecticut's law,

the impeccably respectable Con-

Letters...

a to the Editor

Editor:

I'm 14 years old and in the

ninth grade. I'm sending 2 dol-

lars because I would like to be-

long to your organization and

also because I suppose you need

`some support other than moral,

and every little bit helps. I don't

want the "News" because my par-

ents get it; but if you have any

membership cards, or such, I

would like one. If you have any,

I would like some literature tell-

ing about your Union to distrib-

`ute to interested friends and

neighbors. I will try to get as

many as possible of my school

friends to join. If you will let me

know, I will be glad to do what

work I can for you. - Hans

Marica, Sacramento.

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tutional, could not be used as a

subterfuge to interrogate a per-

son actually suspected of himself

having committed an immigra-

tion offense. This factor is pres-

ent in the Lum Yen case because

his daughter's citizenship stands

or falls on whether Lum Yen

himself is a citizen of the United

States.

- Judge Zirpoli was not con-

vinced by these arguments and

denied the motion to quash the

subpoena. The ACLU will appeal

his decision to the Court of Ap-

peals and the subpoena will be -

stayed until the final disposition

of the appeal._M.W.K.

: @

of Conscience

necticut exponents of planned

parenthood have repeatedly tried

to break the law and create test

cases for the Supreme Court,

Last year, after the justices

had made the state attorney gen-

eral extremely uncomfortable

with sharp questions about incon-

sistencies in the law, the Supreme

Court disappointed birth control

advocates by voting 5 to 4 against

handing down a ruling. The

court's reasoning was that, in ef-

fect, the law was a dead letter

since it wasn't enforced.

By opening its clinic this fall,

the Planned Parenthood League

by implication challenged the

state to enforce its law and risk

a test or continue to wink at the

statute and let other clinics open.

That test is now under way. It

is to be hoped that the courts

will now decide the issue.-Edito-

rial, Christian Science Monitor,

Nov. 20, 1961.

_Await Decision

In Bracero .

Camp Case

The case of People v. Poland

on a charge of trespass was tried

in the Justice Court before

Judge Priscilla Haynes December

4th and 5th in Manteca, Cali-

Staff counsel Marshall

Krause appeared: for the defend-

ant and argued that Poland could

not be guilty of a trespass be-

`cause he was engaged in union

organizing activity at a Bracero

camp which was the residence of

hundreds of Mexican Nationals

imported to do farm iabor.

Poland was trying to pass out

union literature to the men when

arrested. Krause's motion to dis-

miss the complaint was taken

under submission by Judge

Haynes at the close of the trial.

-M.W.K.

The first right of a citizen

Is the right

To be responsible.

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