vol. 28, no. 10

American

Civil Liberties

Union

Volume XXVIII

SAN FRANCISCO, OCTOBER, 1963

Number 10

DR. HAROLD TAYLOR

29th Anniversary Meeting

yctober

Dr. Harold Taylor, former president of Sarah Lawrence

College, will be the featured

speaker at the ACLU's annual

meeting, October 27, Sunday, 8:00 p.m., in the Gold Ballroom

of the Sheraton-Palace Hotel,

Streets, San Francisco.

Speaking on "Social Change

and Political Crisis," Dr. Taylor

will trace the history of the

Negro student protest movement

for its political implications. He

will explore today's civil rights

challenge to see what it means

for states' rights, the national

alignment of political forces, our

constitutional outlook, law en-

forcement and education. This

brilliant thinker promises an un--

usual, searching view of the

changes that may grow directly

out of current demands for

rights. And there'll be nothing

academic about it.

Philosopher and Educator

Noted philosopher and educa-

tor, Dr. Taylor was president of

Sarah Lawrence College from

1945 until last year, when he re-

Signed to accept the presidency -

of a new world university, the

Friends World College. This edu-

eational project, launched this

summer, is sponsored and fi-

nanced by a committee of New -

York Quakers and operates in

cooperation with 25 member na-

tions and the United Nations. Its

first session attracted a student

body and faculty of global vari-

ety. On a plush Long Island es-

tate, temporary headquarters for

the college, Dr. Taylor opened

school setting a uniquely crea-

tive stage for study: "The whole

world is like a large city-with

slums here and there."

Executive director Ernest Bes-

ig will share the speaker's plat-

form, presenting his "State of

Market and New Montgomery

the Union" report on ACLU's0x2122

activities this past year. Chair-

-man of the Board, Howard A.

Friedman, will preside.

Coffee Hour at 7 O'clock

Preceeding the 8 o'clock pro-

gram, there will be a 7 o'clock

social hour - giving guests the

opportunity to have coffee or

no-host cocktails with their

friends. :

Open to the public, this an-

nual meeting marks the 29th an-

niversary of the American Civil

Liberties Union.in northern Cali-

fornia. Admission is $1.00 a per-

son. Invitations, with an order

form for reservations, will be

mailed the first. week of October.

Since the capacity of the Gold

Ballroom is limited, early reser-

vations are advisable.

Breakfast Opens

Stockton Fall

Program

_ To get its fall program rolling,

the Stockton chapter is having a

breakfast on Sunday, October 6.

It's at the Allan Oak's - 2140

Waudman - at 11:30 a.m. In ad-

dition to pancakes, other delica-

cies and good company, there

will be fishing in the trout hatch-

ery on the grounds. All members

and friends are invited. Civil

liberties talk will center on local

problems and what the chapter

`can do to meet them.

Membership

Ai Record

Of 5419 .

On August 31, the member-

ship of the ACLU of Northern

California reached a record high

of 5419. In addition, there were

204 separate subscribers to the

NEWS and a total paid mailing

list of 5623.

A year ago, the paid member-

ship stood at 5177, so during the

past twelve months there has

been a net increase of 242.

Eighty-one per cent of the

ACLU's membership is found in

39 communities having 20 or

more members which are listed

below. All of the chapter areas

except the Mid-Peninsula and

Stockton showed an increase in

membership.

Increase

or.

De-

1963 1962 crease

San Francisco 1150 1136 14

Berkeley 1016 988 8 28

Palo Alto 260 251 9

Oakland 245 232, 213

Sacramento 179 - 166. 13

Mill Valley 126 836119 "

San Jose it 6

Menlo Park 910x00B0 106 -(45)

San Mateo 85 83 2

San Rafael 79 58 21

El Cerrito 78 77 1

Stanford nD 68 Ts

Los Altos 64 12, (8)

Sausalita 64 62 1

Santa Cruz 62 stk 283

Fresno - 61 68 (7)

Davis 59 67 = (8)

Orinda 58 61 (3)

Stockton 55 2 la)

Richmond 55 55

Carmel 53 44 9

Redwood City 51 5st -

Napa 41 ot 10

Los Gatos 38 35 3

Walnut Creek 36 32 4

Modesto 3D 22-13

Albany a 32 2 AT

Hillsborough. BD 30 2

Monterey 32 Dee td:

Lafayette 32 28 4

San Anselmo 28 26 2

Pacific Grove 2 . =

Hayward 26 2 5

San Carlos e25 20 5

Santa Rosa 24 28 =A)

Kentfield 23 25 (2)

Burlingame 21 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_1963.batch 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 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_1963.batch 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

Concord 20 z -

Santa Clara 20 7. 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_1963.batch 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

*Not on the list last year so

exact increase unknown.

Mid-Peninsula

Board Will Hear

Stanford Rep.

Robert Beyers, of the Stanford

University Publicity Service De-

partment, will speak at the Oc-

tober board meeting of the Mid-

Peninsula chapter. The invita-

tion to Mr. Beyers was prompted

by an incident at the last gradu-

ation exercises at Stanford. At

that time a student protested the

featured speaker of the exercises

by picketing the Stanford sta-

dium and carrying a sign. The

student was requested to leave

the premises and the sign was

confiscated.

The subject of Mr. Beyers' talk

will be "Stanford University's

New Progressive Attitude toward

Civil Liberties."

The meeting is open to the

public and interested persons

are invited to attend. The date.

is Thursday, October 10, 8:00

p.m., at the All Saints Church,

Hamilton and Waverly in Palo

Alto.

Government Drops Appeal

On the instructions of the

Solicitor General, the United

States Attorney in San Francis-

co has entered into a stipulation

with ACLU attorneys represent-

ing Louis Hartman dismissing

the government's appeal from

the latest decision in Hartman's

favor. This action will leave

standing and permanent the de-

cision of District Judge Stanley

Weigel throwing out the second

indictment returned against

Hartman for alleged contempt of

Congress before the Un-Ameri-

ican Activities Committee on

the ground that the government

In This Issue...

ACLU Backs

Psychiatrist Joel Fort ...p. 4

Board Grants Charter to :

Mt. Diablo Chapter .... . p. 2

Coeds Told Not to Wear

Slacks, Jeans or Sandals. .p. 3

Elect Three New Members

To ACLU Board ....... p.3

May a Public Employee

Wear a Beard? ........ p.4

Saying Of Grace

In L.A. School |

Ruled Illegal

The saying of grace by chil-

dren in the nursery school at

Horace Mann Elementary School,

Long Beach; efore having their

mid-morning cookies and milk

was ruled unconstitutional last

month by Harold W. Kennedy,

the county counsel. He declared

that recent U.S. Supreme Court

decisions barring the so-called

Regent's prayer and the Lord's

Prayer in public schools forced

him to make the ruling.

The prayer in question reads:

"God is good. God is great. We

thank you for the food on our

plate."

Breyer Remains Adamant

In the meantime, Irving Brey-

er, Legal Adviser for the San

Francisco Board of Education,

has refused to modify his previ-

ous rulings that a similar prayer

used in San Francisco schools is

legal. Breyer said he had re-

examined the problem in the

light of the U.S. Supreme Court's

decision last June in the

Schempp and Murray cases. "I

find nothing in these cases,"

said he, "which would cause me

to modify the conclusions which

. 1 reached in my opinion of

August 1, 1962."

In 1962 he upheld the prayer

on the ground "there has been

no action taken by the State

Board of Education or the State

Superintendent of Public In-

struction adopting a prayer nor

directing that it be said in the

schools, and there has not even

been action taken by the San

Francisco Board of Education."

No Regulation

Breyer now again asserts that

the prayer is not used by any

authority of the school depart-

ment. Said he, "You request to

be furnished with a copy of the

department's regulation on this

subject. There are no regula-

tions; this song (sic) as I under-

stand it is merely used by some

teachers on occasions."

Recently, the ACLU has re-

ceived complaints that kinder-

garten children at Grant School

are required to say grace before

they have their crackers and

milk. Parents who object to this

practice and are willing to chal-

lenge it should contact the

ACLU.

delayed unreasonably in charg-

ing Hartman with the crime for

the second time. No more indict-

ments can be returned against

Hartman.

Pending Since 1958

The case has been pending

since 1958 when the first indict-

ment. was returned after Hart-

man: relied upon the First

Amendment's guarantee against

abridgment of free speech and

association in declining to an-

swer the Committee's political

questions during its 1957 visit

to San Francisco. After five

years of litigation the First

Amendment questions still re-

main undecided as both Judge

Weigel's decision and the deci-

sion of the U.S. Supreme Court

throwing out the first indict-

ment as insufficiently stating the

subject of inquiry were based

on technical grounds.

Precedent Established

However, two things should

not go unnoticed. The first of

these is that the Solicitor Gen-

eral's move to drop the appeal

from Judge Weigel's decision

marks the first occasion when ~

the government has not prose-

cuted to the fullest extent all in-

dictments involving the Un-

American Activities Committee

or the Senate Internal Security

Committee. When ten such in-

dictments were thrown out on

technical grounds by the Su-

preme Court in 1962 there was

a re-indictment in every in-

stance. We can speculate that

the recent death of Congressman

Walter, a powerful Democrat and

long the House Committee's

chairman, has lessened the Com-

mittee's political influence.

No Convictions Since 1961

The second matter to be -no-

ticed is the government's inabil-

ity to obtain any convictions in

this area since February of 1961

in the Braden and Wilkinson

eases. All the many subsequent

cases have been decided in favor

of the witness but on technical.

grounds. In this way the Court

has been able to avoid a direct

confrontation with the investiga-

tive power of Congressional Com-

mittees which has been so

abused by. the few committees

in search of headlines by `"ex-

posing" persons they think have

unpopular political points of

view.

Free-Lance Writer

Louis Harttaan, whose career

as a popular radio host under)

the name "Jim Grady" was ter-!

minated by the Committee ap- |

pearance, is now working as a.

free-lance writer in addition to.

writing his own book about his-

experiences.-_M.W.K.

LOUIS HARTMAN

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

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

Ralph B. Atkinson

Dr. Alfred Azevedo

Prof. Arthur K. Bierman

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

Prof. Van D. Kennedy

Rev. F. Danford Lion

Prof. Seaton W. Manning

Honorary Treasurer:

Jeseph S. 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

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

John R. May

Lloyd L. Morain

Prof. Herbert L. Packer

Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Rey. Robert W. Moon

Dr. Marvin J, Naman

Prof. Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

Sacramento Valley Chapter

Panel Discusses High

School Book Selection

- `Phe standards of high school book selections and who

should set them was the subject of a spirited debate held on

August 29 at Sacramento City College under the auspices

of the Sacramento Valley Chapter of the ACLUNC.

The Rev. Johnny Boswell, regional director of Youth

for Christ International attrib-

uted a good part of today's teen-

age crime to "filthy books" and

called for "Censorship in what

our boys and girls read."

Communist Aid

- Boswell also charged that use

of the Dictionary of American

Slang in high schools "aids the

Communist conspiracy to break

down our moral fiber."

Howard H. Jewel, assistant

State attorney general, strongly

challenged such conclusions. He

asked how many persons in the

audience had been exposed to

pornographic material. About

half raised their hands. But when

he asked how many thought they

had been hurt thereby, there was

no response.

"This shows that it's generally

somebody else we want to pro-

tect," he observed. "Others never

semehow are as strong as we

are."

Scarlet Letter

During the questioning from

the floor, Mrs. Jane Cassels Rec-

erd, an ACLU member, asked

Boswell if he also would ban

Hawthorne's Scarlet Letter.

She said when she grew up

jn the south girls led quite a

sheltered life but nevertheless

read the book in school.

"But I can't remember any il-

legitimate pregnancies," she

added. "Oh, yes, there was one

but that girl never read that

book or any other book."

Beswell said he had not read

the beok and could not com-

ment. But when Mrs. Record said

it involved an illicit relationship

petween a minister and a girl,

he declared: "I'd kick it as far

as it could go."

No Redeeming Features

Said a teenage student: "At

this rate, we'd end up with noth-

ing left on our school library

shelves but copies of Sue Bar-

ton, Student Nurse."

But panelist Gene Ragle, a

Paae 2

ACLU NEWS _

OCTOBER, 1963

member of the Auburn Elemen-

tary School Board, said it is un-

fair to compare the dictionary

with great works of literature

or even the Bible, which admit-

tedly contains sordid passages.

Such works, he said, show retri-

bution for bad conduct but the

dictionary can claim no such re-

deeming features.

Morbid Curiosity

He also emphasized that ban-

ning the dictionary from high

schools and immature young-

sters is quite a different matter

from censoring for the total

population. "It smells rather

bad," he declared. "It can turn

the innocent curiosity of a teen-

ager to morbid curiosity and

then to abject perversion."

When Boswell maintained the

dictionary violates state laws pro-

hibiting the teaching of profanity

and racial slurs, another panelist,

Sacramento Attorney Nathaniel

S. Colley, who recently resigned

from the state board of educa-

tion, took issue with him.

Hitler's Writings

He said Hitler's writing also

`reflect on Jews and certainly

would not be used as instruc-

tional materials to teach students

to "Heil, Hitler." But they should

be available in school libraries,

he added, as reference materials

for studies of the rise of Nazism.

"When I grew up in Alabama,

I was called daily, `Nigger, nig-

ger, nigger,' by other kids but I

can assure you they didn't learn

these words from the diction-

ary," he said.

Judge Moderates

About 200 persons were on

hand for the meeting which was

presided over by Leonard Fried-

man, Justice of the State Third

District Court of Appeal. Mrs.

Wilma S. Rogers, Elk Grove Uni-

fied School District high school

librarian, was also a member of

the panel.

Branch Board

Loses Roth

And Eagan

The ACLUNC board lest two

valuable members through resig-

nations last month. They were

William M. Roth and John J.

Eagan.

Roth's appointment by Presi-

dent Kennedy as a special repre-

sentative for trade negotiations,

with the rank of Ambassador,

was confirmed by the U.S. Sen-

ate last month. Eagan is moving-

to Los Angeles where he has

been appointed Chief Title Of-

ficer of the huge Title Insurance

and Trust Comany, which has

headquarters in Los Angeles.

Roth, 46, is a director of the

Matson Navigation Co. and

Chairman of the Board of Pacific

National Life Assurance Co., as

well as a director of many other

companies. He is a trustee of

Mills College and a Regent of

the University of California. He

was also President of the San

Francisco Planning and Urban

Renewal Association. Roth ex-

pects to be in Washington at

least a year and a half.

Eagan is an attorney by pro-

fession. He was at one time as-

sociated with the State Judicial

Council and practiced law with

the San Francisco firm of Lan-

dels and Weigel. More recently, he

has been Vice President of the

Title Insurance and Trust Com-

pany of San Francisco.

Annual Meeting

Of Santa Cruz

Chapter Oct. 11

The annual meeting of the

Santa Cruz County Chapter of

the American Civil Liberties Un-

ion of Northern California will

be held Friday evening, October

11, in the Student Activities Cen-

ter of Cabrillo College, 6500

Soquel Drive, Aptos. (Signs will

direct motorists to the campus

from Highway No. 1, south of

Santa Cruz 5 miles.)

The meeting will commence at

8 o'clock, but coffee will be

served from 7:30. Members and

guests are advised to find park-

ing early since football fans will

be arriving for a game.

In addition to the annual elec-

tion of members of the Board of

Directors, there will be a group

discussion of the topic, "The

Changing Community and Civil

Rights." Members and guests

are invited to participate in this

discussion, which will be led by

five panelists: Marshall Krause,

ACLUNC Staff Counsel, and the

following Santa Cruz members-

Mary Duffield, Bates Elliott,

Dan Miller, and Manuel Santana.

Nominations for election to

the 17-member board are as fol-

lows: Fern Tobey, L.B. Schaef-

fer, Al Johnson, Frank Woods,

John Lingemann, Margaret Le-

zin, Dunean Holbert, Robert

Hall, Herbert Foster, Bates El

liott, Manuel Santana, Marvin

Naman, Herman Beck, Dan Mil-

ler, Ann Read, Vic Jowers and

Stanley Stevens.

- 1963,

Tenth ACLUNC Affiliate

Boerd Grants Charter

To Mt. Diablo Chapter

The Mt. Diablo Chapter of the ACLUNC was born last

menth when a charter was granted to a group of members

with jurisdiction in the area of central and eastern Contra

Costa county. ACLU membership in this area, however, is

concentrated pretty largely in the communities of Orinda,

Concord, Lafayette, Martinez,

Walnut Creek and Pleasant Hill.

List of Chapters :

The branch now has eight

chapters, exclusive of the two

student chapters at U.C. and

Sacramento State College. Fol-

lowing are the list of chapters

and the dates of their creation:

Marin County, Jan. 5, 1956

`Mid-Peninsula, Sept. 8, 1960

Sacramento Valley, May ll,

1961

Monterey, Sept..14, 1961

Santa Clara Valley, Feb. 8,

1962

Stockton, April 12, 1962

Santa Cruz, Sept. 13, 1862

Mt. Diablo, Sept. 12, 1963

Two Student Groups

Since February 3, 1953, the

branch has annually established

a "cooperating relationship"

with the Student Civil Liberties

Union at U.C., while on April 11,

a student chapter was

chartered at Sacramento State

College.

Establishment of the Mt.

Diablo Chapter grew out of a

meeting of 60 ACLU members in

the area who met on June 3 to

discuss formation of a chapter.

At that time, a provisional board

of directors composed of 20 per-

sons was elected.

Provisional Officers

The chairman of that body is"

The Rev. Lester Kinsolving; Bar-

bara Suczek and Charles Weid-

ner are vice-chairmen; Jean

Jonas, secretary; and Clair Cal-

hoon, program chairman. The

board adopted the branch Model

By-Laws and thereafter 36% of

the area membership of 167 indi-

cated a willingness to participate

actively if a

formed.

chapter were

A membership meeting will k@

called sometime during October

to elect a permanent board from

among some 30 candidates and

also to elect chapter officers.

Teachers' Union

Supports

John W. Mass

The case of suspended teacher

John W. Mass which is now ap-

preaching its tenth anniversary

received the backing last month

of the California State Federa-

tion of Teachers (AFL-CIO). The

backing came in the form of an

amicus curiae brief filed in the

District Court of Appeal by the

Federation's attorney, Joseph

Genser. The Mass case is now

fully briefed and awaiting oral

argument before a division of

the Court.

The amicus brief addresses it-

self to the issue relied upon by

the Beard of Education in re-

sisting Mass' right to reinstate-

ment after it had failed to ob-

tain a judgment allowing it to

dismiss Mass as a tenure teacher

at San Francisco City College.

That is: Did the fact that Mass

did not renew his credential for

a portion of the time while he

was suspended affect his right to

reinstatement? The brief points

out that many teachers fail to

renew their credentials in time

and yet do not lose their em-

ployment.-_M.W.K. ee

The Cuban Wall

The problem of United States students visiting Cuba has

gone full circle. The Government and the students are back

where it all started: one group of students home, a fresh

group invited, and a certain number getting set to defy the

State Department and its travel regulations all over again.

As we have said before, it is a sorry state of affairs when

American citizens are prevented by their own Government

from going where they please in peacetime. Freedom to

travel belongs with freedom of speech, freedom of the press,

the right to know all the other freedoms that make the dif-

ference between our world and the totalitarian world, Cuba

included.

Any Iron Curtain is a symbol of fear. Ours against Cuba

suggests that we do not trust our own citizens to see with

their own eyes and make up their own minds. A revolution

in being is not a pretty sight; it is a tragic experience for

a nation. Why does the Kennedy Administration surround

Communist Cuba-a totalitarian police state-with an aura

of mystery and romance? Why make it a daring adventure,

especially for the young, to go to Cuba?

Iron Curtains, Berlin Walls, travel bans and censorship

are self-defeating, whoever uses them and wherever they are

applied. -Editorial, New York Times

Freedom for Slacks

Though this newspaper has for years argued brilliantly

and convincingly that the female form is frequently less than

divine when crowded into pedal pushers, stretch pants, levis

or other bifurcated substitutes for a skirt, we now rise to

defend the right of coeds to wear slacks on the campus of San

Francisco City College.

On the basis of local custom, alone, they have logic in "

their favor. On the Berkeley campus of the University of

California, coeds in slacks are within the academic law, and

also at San Francisco State. Coeds in ski pants make up a

fair segment of the campus population on Fridays during the

ski season. By and large, the esthetic objections to trousers,

or any variation thereof, on women do not apply to college

students who are by age and nature not inclined to overstuff

the garment.

In support of the prohibition at City College, the admin-

istration pleads only a tradition of 14 years' standing. But in

that interval, times have changed and so have fashions. Be-

trousered women were rare and subject to stares and snick-

ers 14 years ago. Except in cases of flagrant misfits, they at-

tract little notice today. Comfort and fashion alike suggest

that the administration at City College re-examine the stat-

utes that ban slacks for coeds. - Editorial, San Francisco

Chronicle, September 19, 1963.

j

S. F. City College

Two San Francisco City College students face dismissal

from school if they continue to wear slacks, jeans or sandals

on the campus. They are Susan Slightam, a 27-year-old moth-

er of two children, and Joan Churton, both residing at 1432

`Waller St., San Francisco.

The issue arose when Joan

Churton sought to take an -ap-

titute test early in September.

She was turned away because

she was wearing slacks and re-

ferred to the office of the Dean

of Women, Mary Golding. There-

- after, while walking on the cam-

pus, Mrs. Slightam, an engineer-

ing student, was accosted by Miss

Golding and told she would not

be allowed on the campus in

slacks or jeans. Miss Golding

also has a rule against sandals

and objects to the girls not wear-

ing stockings.

The Unavailable Regulation

Miss Golding informed Miss

Churton that she was simply en-

forcing a regulation on the sub-

ject of student attire which ap-

peared in the student handbook

of the previous year, but she

didn't have a copy of the hand-

book available. A search by Miss

Churton in the college library

disclosed the handbook but not

the alleged regulation.

Appeals by Miss Churten to

the Superintendent's. office and

to President Conlan were fruit-

less. Irving Breyer, attorney for

the school department, in the

absence of a regulation, sup-

ported the administration's ac-

tion' under the common law,

while Dr. Conlan found a "gen-

eral rule" (apparently an un-

written one) against women

wearing slacks.

Formulate Regulations

In a recent letter to the Board

of Education, signed by Ernest

Besig, ACLU Executive Direc-

tor, it was suggested that regula-

tions governing behavior of stu-

dents should be clearly for-

mulated and publicized to the

academic community. The mat-

ter is now pending before the

board.

Following is the ACLU letter

to the Board of Education:

Recently, we complained to

Superintendent Hareld Spears

about the ruling of Dr. Conlan

and the Dean of Women ban-

ning the wearing of slacks and

sandals by women students at

City College. We conceded that

the school administration may

make reasonable rules and reg-

ulations governing the attire of

students but we pointed out that

there was no existing written

rule covering the subject.

Arbiter of Proper Clothing

Dr. Spears replied that he

would rather allow the Dean of

Women to be the arbiter of

proper clothing for women at

City College, and that he would

like to think that he could "rely

upon the good judgment of the

City College authorities." The

Dean of Women has objected not

only to the wearing of slacks and

sandals by women students but

to the failure of some girls to

wear hosiery.

Since it is clear that the mat-

ter of women's attire is not

being handled reasonably by the

City College school administra-

tion and, indeed, without the

benefit of any written regula-

_ tion, we submit that there should

be intervention by the Superin-

tendent's office.

Freedom of Choice

It seems to us that regulations

governing the behavior of stu-

denis, including their attire,

should be fully and clearly for-

mulated, published and made

available to the whole academic

community. Such regulations

may, of course, require attire

that is decent, neat, clean and

not bizarre, but, otherwise, it

would seem to us that the stu-

dents in a public college should

be free to choose their own

wearing apparel.

We think it would be most un-

fortunate if a matter of this kind

were resolved only after disci-

plinary action against some stu-

dent, and we urge that the board

request the Superintendent to

secure the adoption and promul-

gation of reasonable rules and

regulations on the subject.

Art Heppe Comments

Commenting on the _ issue,

Arthur Hoppe of the Chronicle

declared "what I wear is my

business, what you wear is your

business,

wear is their business, and what

our children wear is their par-

ents' business. I'm sure we'd all

shine in our own eyes.

"Because I've discovered the

oddest thing: each of us has im-

peccable taste. It's the other fel-

low who hasn't got any."

Libel Award

In Ala. Case.

Opposed

The American Civil Liberties

Union last month urged the

United States Supreme Court to

reverse the judgments of the

Alabama Supreme Court uphold-

ing $500,000 libel awards against

the New York Times and four

Negro leaders, resulting from an

advertisement criticising state

and local officials for harrass-

ment of Negro college students

and Dr. Martin Luther King, Jr.

Amicus Brief Filed

The civil liberties group and

its affiliate, the New York Civil

Liberties Union, filed a friend-

of-the-court brief arguing that

the Alabama courts' libel rulings |

violates the free exercise of

speech and press as guaranteed

by the First Amendment, and

the right of a fair trial and the

equal administration of laws as

protected by the Fourteenth

Amendment.

Origin of Suit

The libel suit was brought by

L. B. Sullivan, a Commissioner

of Montgomery, after the New

York Times published an adver-

tisement on March 29, 1960, ap-

pealing for funds to defend Dr.

King and his movement and de-

scribing the general harassment

of Negro students at Alabama

State College who were protest-

ing racial discrimination and

segregation. Although not men-

tioned by name in the adver-

tisement, Sullivan claimed he

was libeled because there were

certain inaccuracies in two para-

graphs describing police actions

at the ASC campus and against

Dr. King. Among these inaccu-

racies was a statement that po-

lice arrested Dr. King seven

times when he actually was ar-

tually was arrested four times,

three of them before Sullivan

became a Commissioner.

larly, the bombing of Dr. King's

house mentioned in the adver-

tisement occurred before Sulli-

van took office.

As a result of the advertise-

ment, the Attorney General of

Alabama recommended libel

suits on publications "critical of

Alabama," and the Sullivan suit

followed.

what our principals -

Simi-

Navy Defends

Prayer Practices

On USS Midway

Vice Admiral W. R. Smedberg,

Ill recently informed the AC-

LUNE that "The Navy does not

consider the recitation of eve-

ning prayer nor the offering of

grace at meals in the wardroom

(of a naval vessel) to be in con-

flict with the establishment

_ clause of the First Amendment

to the Constitution of the United

States. To the contrary, such

practice is entirely in keeping

with the free exercise of religion

within a Country which profes-

ses to be `...one Nation under

God../

Passive Participation

The ACLU said it had received

a complaint that it is the prac-

tice aboard the carrier "Midway"

at 9:50 each evening for prayer

to be recited over the public ad-

dress system, and all personnel

are required to stay at attention

while this is happening. The

Catholic and Protestant chap-

lains alternate in reciting the

prayer and each closes his pray-

er by invoking the name of

Jesus Christ.

"Reverent Respect"

Admiral Smedberg also de

clared "It is not incumbent upon

any person to embrace the the-

ology or faith of the supplication

recited. All personnel, however,

are expected to manifest rever-

ent respect for the religious per-

suasion of their shipmates te the

inclusion of attentiveness during

the act of prayer and silence

above the decks during divine

services."

Establishment Clause

In its complaint to the Navy,

the ACLU contended that in the

light of the Supreme Court deci-

sions in the Engel and Schempp

cases outlawing Bible reading

and recitation of prayers in pub-

lic schools as being in conflict

with the establishment clause of

the First Amendment "it would

seem to us that the practices in

question also violate the Federal

Constitution."

Further representations on

this matter are being made to

the Navy by the. national office

of the ACLU.

Bar Pacifist

Teacher From

Naval Station

The ACLUNC received a com-

plaint last month that the Com-

manding Officer of the US.

Naval Station on Adak, Alaska,

had barred a teacher with "paci-

fist leanings' from returning

after two year's of service.

The Commanding Officer

agreed that the teacher did not

present a security problem but

felt "that it would be in the best

interest of the command not to

have you return to Adak."

Pacifist Associations

The teacher had informed the

Commanding Officer that

"though not a convinced pacifist,

I have leanings in that direction

and have associated with several

pacifist organizations." The Offi-

eer also noted the teacher's

~ declaration to him that he had

"applied for and been refused

a C.O. rating from the draft

board."

High Court Decision

' Previously, in Cafeteria Work-

ers v. McElroy, the U.S. Supreme

court ruled in a 5-4 deeision that

the commander of a military in-

stallation may in a security case

refuse access to a cafeteria

worker without giving any rea-

son or a hearing. The instant

case differs, of course, in that

the Commanding Officer admit-

ted that there was no security

problem but apparently only an

objection to the pacifist opinions

of the teacher.

The teacher has now returned

to his home in San Antonio,

Texas. The case has been re-

ferred to the ACLU national of-

fice.

THE REY. FORD LEWIS

Annual Branch Elections

PROF. CHARLES MUSCATINE

Elect Three New

Members To

ACLU |

. oar .

Three new members were elected to the Board of Direc-

tors of the American Civil Liberties Union of Northern Cali-

fornia last menth. They are Leo Berregard, an attorney,

who resides in Berkeley but practices in San Francisco; the

Rev. Ford Lewis of Sacramento; and, Pref. Charles Musca-

tine of the University of Califor-

- nia at Berkeley. All three were

elected to three-year terms be-

ginning November 1.

Seven Re-Elected

The following five persons who

were filling unexpired terms on

the board were elected to full

three-year terms: Ralph Atkin-

son of Monterey; the Rev. Rich-

ard Byfield of Palo Alto; Rich-

ard DeLancie of San Mateo;

John Brisbin Rutherford of Los

Altos and Stephen Thiermann of

Palo Alto.

Prof. Arthur K. Bierman of

San Francisco State College, and

attorney Gregory S. Stout of San

Francisco, both of whom have

served three-year terms on the

board, were re-elected to three-

year terms.

Ineligible for Re-Election

The terms of Lloyd Morain of

San Francisco and Mrs. Alec

Skolnick of San Mateo expire

on Oct. 31. Under the By-Laws,

they were ineligible for re-elec-

tion at this time because they

have served two successive 3-year

terms on the board.

This year's Nominating Com-

mittee was composed of beard

members Dr. Alfred Azevedo

and Mrs. Alec Skolnick, and

three non-board members named

by chapters in Marin and Sacra-

mento and the Berkeley mem-

bership campaign committee.

The non-board members were

Jerry Rubin of Marin, John

Walker of Berkeley and Mrs.

Jane Cassels Record of Sacra-

mento. All of, the nominations of

the Nominating Committee were

accepted by the board.

One Vacancy

The By-Laws provide fer a

board composed of 30 persons.

At this moment, there is one

vaeaney resulting from the re-

cent resignation of William M.

Roth, reported elsewhere in this

issue of the NEWS.

The board also re-elected the

incumbent officers, namely,

Howard A. Friedman, chairman;

Dr. Alexander Meiklejohn,

Helen Salz and the Rev. Harry

B.: Scholefield, vice - chairmen;

and John M. Fowle, secretary-

treasurer.

Biographical Sketches

Following are _ biographical

sketches of the three new mem-

bers of the board:

Leo E. Borregard resides in

Berkeley and practices law in

San Francisco with the firm of

Livingston, Borregard and Grant.

He was born in New York City OCTOBER, 1963

-in 1924 and served in the Army

from 1942 to 1945. He holds a

B.A. from U.C. (1947) and an

LL.B. from Yale Law School

(1950). He has been a branch

member since 1951.

Ford Lewis

Ford Lewis is presently minis-

ter of the First Unitarian Church

of Sacramento. He holds a Ph.D.

in History from U.C. (1952) and

a B.D. from Starr King School

for the Ministry (1952). He re-

ceived his A.B. from Salem Cel-

lege and his M.A. from the Uni-

versity of Arkansas. He served |

as a Lieutenant in the U.S. Navy .

during World War II and for 4

years as a Field Examiner of.the.

NLRB in San Francisco and else- 0x00B0-

where. He was an ACLU board

member in Oregon and served,

as President of the Oregon State

World Affairs Council. He was

President of the Council for

Civic Unity and the Mayor's

Committee on Urban Blight in

Stockton.

He is presently on the advisory

council of the Sacramento Peace

Center and a member of the

Sacramento Committee on Fair

Housing. He was a prime mover

in the recent successful effort to

get the Sacramento City Coun-

cil to establish a Committee on

Human Relations.

Prof. Charles Muscatine

Charles Muscatine, 42, has

been a member of the Depart-

ment of English at the Univer-

sity of California since 1958 and

was appointed Professor of Eng-

lish July 1, 1960. He taught at.

Wesleyan University from 1951

to 1953. He served as Assistant

Dean of the College of Letters

and Science at U.C. from 1856

to 1960.

Prof. Muscatine holds B.A.,

M.A., and Ph.D. degrees frem

Yale University. He was a Ful-

bright Fellow (Italy) and Ameri-

can Council of Learned Societies

Fellow from 1958 to 1959. Dur-

ing World War "!, he was a

Lieutenant in ~@ U.S. Naval

Reserve.

Prof. Muscatine is author of

Chaucer in the French Tradition

(1957) and articles and reviews

in Jearned journals. In 1949-53,

Professor Muscatine was a mem-

ber of the Group for Academic

Freedom, which contested the

University of California's loyalty

oath.

ACLU NEWS

Page 3

Political Freedom

At its September meeting the ACLU's Board of Directors

voted to file a brief amicus curiae (friend of the court) in the

ease of Joel Fort who was fired from his position at the Ala-

meda County Alcoholic Rehabilitation Center because he

headed a speakers' bureau for the re-election of Governor

Brown in Contra Costa County.

he holding of this position by

Dr. Fort violated the rules of

the Alameda County Civil Serv-

ice Commission that classified

civil service employees must not

engage in political activity. Fort

continues to hold his. position

with the County because his fir-

ing was held unconstitutional

in Alameda County Superior

Court where he was represented

by former ACLU staff counsel

Albert Bendich.

County Appeal

'Now the County has appealed

the decision to the District Court

of Appeal stating that neither of

the grounds used by the court

below are tenable. The lower

court (Judge Folger Emerson)

held that the standards for what

is and what is not. political ac-

tivity are so vague as to deprive

civil service employees of due

process of law by not informing

them of what they can not do in

the political area. Alternatively,

Judge Emerson held that there

was no reasonable distinction

between classified civil service

employees and unclassified civil

service employees. Since the lat-

ter group can engage in political

activity, the rules violate the

guarantee of equal protection of

the laws.

Political Freedom

~The ACLU hopes to point out

in its brief that there is still an-

other ground for upholding

Judge Emerson's decision and

that is the First Amendment

right to engage in political ac-

tivities. Such a large number of

persons are government em-

ployees that to silence their

voices makes a substantial dent

in the ability of the people to

make themselves heard. Certain-

ly rules preventing partisan

politics from influencing em-

ployment policies of government

agencies can be drafted without

forbidding all political activity of

employees-M.W.K.

Score Penalization of

Students for Travel to Cuba

The American Civil Liberties Union last month registered

strong objections to governmental efforts to penalize Ameri-

can students who visited Cuba contrary to government

policy.

The civil liberties group criticized the House Un-Ameri-

ean Activities Committee for

subpoenaing 10 of the 50 stu-

dents for a hearing in Washing-

ton on September 12 and the

State Department for seeking to

withdraw the students' pass-

ports. The ACLU's statment was

released by its executive direc-

tor, John de J. Pemberton, Jr.,

who commented on the two ac-

tions taken upon the students'

return.

Free Speech Attacked

"The HUAC's hearing is but

another attack on the First

Amendment's right of freedom

ot speech and association which

has marked the Committee's

long career of assault on civil

liberties,' Pemberton said. "It

otfers a clear warning to other

Americans who may wish to ex-

amine conditions in Cuba that

they do so under the peril of

being exposed before a congres-

sional committee as part of the

`Communist conspiracy.' Such

an inilammatory charge can only

intimidate American citizens

from exercising their right of

association and from traveling

to foreign countries and using

their independent judgment in

determining what conditions

prevail. The Committee's action,

moreover, can only further curb

freedom of association in the

United States by pressuring

those who wish to comment on

U.S.Cuban relations that to do

so may result in a HUAC sub-

poena and public exposure."

Turning to the government's

passport stand in the students'

case, the ACLU said the giving

of a letter to the returning stu-

dents declaring that their pass-

ports had been tentatively with-

drawn was in keeping with the

government's policy of clamping

down on relations between

Americans and Cubans - except

for approved reporters and busi-

ACLU NEWS

OCTOBER, 1963

Page 4

"the right to travel,

_ freely from one place to another,

is imbedded deep in the consti-

nessmen. Under the _ present

passport policy affecting travel

to Cuba the government has

authorized travel only for these

two groups.

Right To Travel

"In our view," the ACLU said,

to move

tutional guarantees of liberty.

The only times when the right

of movement may legitimately

be curbed is when our country is

actually engaged in war or

where a criminal indictment is

pending against the individual

desiring to leave the country.

Despite official U.S.-Cuban an-

tagonism, we are not engaged in

a military conflict and, to our

knowledge, none of the students

left the country to escape crimi-

nal punishment. The withdrawal

of the passport is nothing less

than a penalty for disagreeing

with an official government

policy and thus attacks the right

to dissent in our country.

Kathleen D.

Tolman Dies

Mrs. Kathleen Drew Tolman,

who was a devoted member of

the ACLUNC board of directors

from December 1938 until ill

health forced her resignation in

February 1957, died last month

at the age of 76. She was the

wife of the late Prof. Edward

Tolman, leader of the loyalty

oath fight at the University of

Calif.

Mrs. Tolman was a courageous

and kindly fighter for freedom

at a time when it wasn't popular

to be for civil liberties. She is

-Survived by two daughters, Mrs.

James G. (Deborah) Whitney

and Mrs. T. J. (Mary) Kent, Jr.,

both of Berkeley; a son, Edward

James Tolman of Upper Lake,

and seven grandchildren.

Pacifist

Retained in

Army Reserve

Following intervention by the

ACLU, the Army last month can-

-celed a hearing that could have

led to an undesirable discharge

for Private David Alan Arnold, a

21-yearlold Army reservist from

Oakland. Arnold's name _ was

thereupon returned to the Ready

Reserve Control Group list.

Suitability Proceedings

The Army brought. suitability

proceedings against Arnold last

July 12 after he had informed

his superiors that he had be-

come a pacifist and would no

longer be willing to bear arms.

He also disavowed the loyalty

oath he took when he was in-

ducted into the National Guard

at the age of 1742 and refused

to sign a new one. Finally, he

also returned his draft card to

his draft board.

ACLU Position

The ACLU took the position

. that Arnold's discharge should

reflect the character of his active

service and since that service

was honorable he should not be

threatened with an undesirable

discharge. It agreed that Arnold

was no longer suitable material

for the Army.

Arnold, however, is subject to

active duty in any reserve unit

during an emergency. He will

have fulfilled his reserve obliga-

tion in December, at which time

he will be transferred to the in-

active reserve. After that, he can

be called up only in the event

of a full-scale war. (c)

Previous Case

Arnold's case differs from the

earlier one of Thomas L. Clark,

who was also represented by the

ACLU. Clark, an inactive reserv-

ist, said he would refuse a call

to duty during the Cuban crisis

because he considered the naval

blockade to be "immoral." He

did not refuse to serve else-

where. The Clark case raised the

question whether an inactive

reservist could criticize the Gov-

ernment only at the price of an

_undesirable discharge from the

inactive reserve.

Arbitrary

Action Opposed

In A.N.C. Case

Contra Costa county last

month abandoned its legal ef-

forts to secure repayment of

$422.70 in previous Aid to Needy

Children Assistance granted to

a 20-year-old mother of three

small children and restored her

to the ANC rolls. This action

was taken only after an appeal

was filed by the ACLU with the

State Welfare Department on

the woman's behalf.

The woman was suddenly left

in desperate economic straits

when the Welfare Department

claimed there was an adult male

in the house assuming the role

of spouse and discontinued as-

sistance. The facts were, how-

ever, that woman was abandoned

by her husband and then began

to live with an ex-convict who

is on parole. When the parole

officer discovered the arrange-

ment he required the parolee to

move out and the woman then

applied for ANC assistance. Be-

cause the man continued to visit

the woman two or three times

a week, the county argued that,

under the law, he was "assum-

ing the role of spouse."

This is not an unusual prob-

lem with women receiving ANC

assistance. Attentive boy friends

run the risk of being accused of

"assuming the role of spouse,"

and the destitute welfare recip-

ient has a difficult time getting

due process of law when she has

to battle deputy district attor-

neys, investigators and welfare

workers.

The ACLU intervened last month in behalf of James

Forstner, 38, of 489 Diamond Street,

San Francisco, who

was suspended for five days as an assistant probation officer

at the Youth Guidance Center because he refused to shave

off a well-trimmed and attractive beard he acquired while

on vacation. It is light brown

mixed with gray. In 1960, Forst-

ner wore a beard for eight

months while employed at the

Center but there were no objec-

tions.

Direct Order

Thomas F. Strycula, Chief Ju-

venile Probation Officer, told

the ACLU he gave Forstner "a

direct order" to shave off his

beard and when he refused to do

so, "I suspended him for in-

subordination."

Strycula defended his action

on the ground that this was "a

beatnik beard," but he was un-

able to define a beatnik beard or

to indicate how this beard dif-

fered from other beards which

he approved. He declined to have

a hearing in the matter at which

counsel could be present and

threatened to bring dismissal

proceedings against Forstner if

he still had his beard when he

returned to his job on Septem-

ber 30.

Discrimination

The unequal enforcement of

the law in this case is illustrated

by the fact that Edward J. Chay,

Superintendent of the Juvenile

Department's Log Cabin Ranch

for Boys in La Honda, is allowed

to wear a beard. Chay is in the

middle fifties. With respect to

his beard, Strycula is quoted as

Saying:

"Chay's case is different. He's

an older man-gray and grizzled.

You'd never identify him with

beatniks. He's a man on whom

a beard doesn't have the impact

that a beard on a younger man

would have-like Forstner."

Protest to Judge Cronin

In a letter to Juvenile Court

Judge Melvyn I. Cronin, Ernest

Besig, ACLUNC executive direc-

tor, stated: "I would suggest that

all employees of the Juvenile

Probation Department are en-

titled to wear beards, so long as

they present a neat appearance.

And, of course, there could be

no objection to a Juvenile Court

judge emulating many illustrious

members of the bench and grow-

ing a beard.

"We strongly urge you to use

your authority to bring an end

to the suspension," the letter

went on to say, "and to reaffirm

the personal freedoms of our

civil service employees."

S. F. State College Graduate

Forstner joined the guidance

center staff in 1959 as a group

The first right of a citizen

Is the right

To be responsible.

tion officer last August

counselor, and became a proba-

. He

graduated from San Francisco

State College in 1958.

He flatly denied that he was. a

beatnik. "I grew the beard be-

cause I like it and my wife likes

it," he said, "but certainly now

it has become a point of. prin-

ciple.' Forstner has two `chil-

dren. :

STATEMENT OF OWNERSHIP,

MANAGEMENT AND CIRCULA-

TION (Act of October 23, 1962: Sec-

tion 43869, Title 39, United States

Code.) ;

1. Date of Filing: September 24,

1963. eUTESD

2. Title of Publication: AMERI-

CAN CIVIL LIBERTIES UNION

NEWS.

3. Frequency of issue: Monthly.

4, Location of known office of pub-

lication (Street, city, county, state,

zip code): 503 Market St., San Fran-

cisco 5, Calif.

5. Location of the headquarters or

general business offices of the pub-

lishers (Not printers): 503 Market

St., San Francisco 5, Calif.

6. Names and addresses of ee

lisher, Editor, and Managing Editor:

Publisher (Name and address):

American Civil Liberties Union of

No. Calif., Inc., 508 Market St., San

Francisco 5, Calif.

Editor (Name and address): Ernest

Fone oo Market St., San Francisco

ali

Managing Editor (Name and ad-

dress): None.

7. Owner (If owned by a corpora-

tion, its name and address must be

stated and also' immediately there-

under the names and addresses of

stockholders owning or holding 1

percent or more of total amount of

stock. If not owned by a corporation,

the names and addresses of the in-

dividual owners must be given. If

owned by a partnership or other un-

incorporated firm, its name.and ad-

dress, as well as that of each in-

dividual must be given.) American

Civil Liberties Union of Northern

Calif., Inc., 503 Market St., San Fran-

cisco 5, Calif.

8. Known bondholders, mortgagees,

and other security holders owning or

holding 1 percent or more of total

amount of bonds, mortgages or other

Sees (If there are none, so state)

one. -

10. This item must be completed

for all' publications except those

which do not carry advertising other

than the publisher's own and which

are named in Sections 132.231, 132.232

and 132.233, Postal Manual (Sections

4355a, 4855b, and 4356 of Title 39,

United States Code). (Average No.

copies each issue during preceding

12 months),

filing date).

A. Total No. copies printed (Net

Press Run).

B. Paid Circulation. 1. To term

subscribers by mail, carrier delivery

or by other means. 2. Sales through

agents, news dealers, or otherwise.

Free distribution (including ~

samples) by mail( carrier delivery,

or by other means.

D. Total No. of copies distributed,

(Sum of lines B.1, B2 and-C).

I certify that the statements made

by me above are correct and com-

plete. ;

ERNEST BESIG

(Signature of editor)

`(Single issue nearest to

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Sao 151

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