vol. 31, no. 8

aoe

commissions

American

"e ivil Liberties

Union

Volume XXXII

SAN FRANCISCO, AUGUST, 1965

Number 8

SANDRA ARCHER as Frosine and Peter Cohen as Dettore in the San Francisco Mime Troupe's presentation of

Moliere's ""The Miser."

Performing in the Parks

`The San Francisco Mime Troupe continued to play as

much in the courts and before the Park and Recreation Com-

mission as it does in theatres and parks. This unfortunate

state of affairs was highlighted by the San Francisco Chron-

iecle which ran a story with the "news" item that the Troupe

pave a performance in Berke-

ley and all went well. All seems

to be going well in courts and

also where the

Troupe is represented by volun-

teer attorney Stephen Adams and

ACLU staff counsel Marshall

Krause.

Judicial Persuasion

On July 6 a court hearing be-

fore Judge Joseph Karesh of the

San Francisco Superior Court

was had on the request for a writ

of mandate and a preliminary in-

junction by the Mime Troupe al-

lowing them to perform in the

public parks of San Francisco as

they have done for the past five

summers. Judge Karesh made no

final rulings but made it clear

that the desire of the Park and

Recreation Commission to pro-

hibit solicitation of funds, to re-

quire liability insurance, to re-

`Quire a uniformed security guard

and to restrict the Troupe to cer-

tain parks was arbitrary and

probably would be ruled uncon-

stitutional if the Commission per-

sisted. The Judge asked that the

Commission and its attorney,

Deputy City Attorney Bernard

Ward, reconsider its regulations

and come up with some new

ones.

The Commission met to con-

sider the matter on July 14 at a

erowded hearing in McLaren

Lodge in Golden Gate Park. At

that meeting two of San Fran-

cisco's four assemblymen urged

- that the Commission permit the

Troupe to use the parks for free

performances in the same man-

mer that they have done for the

past five years. (The previous

permit of the Troupe had been

"revoked" because of the alleged

"offensive" nature of the per-

formances according to the mem-

bers of the Park and Recreation

Commission. A conviction of the

Troupe's director, Ronald Davis,

for performing without a permit

is now on appeal to the Appel-

late Department of the eg Us

Court.)

Letter from Brown

Assemblyman Willie Brown

sent a letter to the Commission

stating "the programs, plays,

skits and other activities offered

by this group have enriched the

lives of San Francisco citizens

for several years. Any limitations

imposed would indeed hamper

cultural development in San

Francisco. As an elected official

representing one-quarter of San

Francisco's citizens I think it

quite fitting for our citizens to

have cultural affairs provided to

them free of charge and in all

areas of our city."

John Burton Appears

Assemblyman John Burton ap-

peared in person and eloquently

stated that the people of his dis-

trict appreciated the Mime

Troupe's free performances and

wanted them to continue. He

stated that the harassment visited

on the Troupe was not only un-

constitutional but unwanted by

the people of San Francisco.

Those who did not want to see

the performances, Burton con-

tinued, need not attend them.

The Commission then began

. -Continued on Page 4

Demurrer Upheld

In Oakland

Dirty Word Case

The Oakland Municipal Court

last month sustained a demur-

rer to a criminal complaint filed

against William R, Cory, pro-

prietor of a tobacco shop and

book store, who was charged with

violating two sections of the

Penal Code as a result of printing

an eight-letter vulgar word on a

sign in the window of his store.

The sign commented on a story

in a tabloid headed, "The Bible

is a Dirty Book."

Outraging Public Decency

The court sustained a general

demurrer to the first count of the

complaint which charged Cory

with openly outraging public de-

eenecy under Sec. 650% of the

Penal Code, On June 3, the State

District Court of Appeal had held

this law to be unconstitutionally

vague, The latter court pointed

out that there were "no guide-

lines at all concerning its intend-

ed application." Said the court in

that case, "We have a statute

which gives the executive almost

unlimited power to harass those

with whose conduct or morale

it is at odds or whom it suspects

of having committed other crimes

which cannot be proven."

Offensive Conduct

Cory was also charged with

violating Sec. 415 of the Penal

Code by wilfully and maliciously

disturbing the peace or quiet of

the neighborhood of 2537 Tele-

graph Avenue, Oakland, by "of-

.fensive conduct." The demurrer

argued that this language was

"not sufficient to apprise the de-

fendant of the `public offense'

charged in the Complaint or to

give the defendant `notice of the

offense of which he is accused."

The court sustained a special de-

murrer to this charge and the

District Attorney therefore has

ten days in which to amend his

complaint or dismiss the charge.

As we go to press, the District

Attorney has not yet indicated

what he will do.

The case has been handled by

volunteer ACLU attorney el F.

Horton of Oakland. -

Legislative Program

The ACLUNC board of directors took an important step -

forward last month by voting to secure its own lobbyist in

Sacramento. The branch will hire an Assistant Staff Counsel

and Legislative Representative who will work on a coop-

erative basis with the Southern California branch legislative

representative. "When not in-

volved in legislative matters," the

board decided, "such person

would assume regular staff coun-

sel duties in the office." Imme-

diate steps will be taken to em-

ploy the most qualified person

that can be secured. (See the

special job announcement eise-

where in this issue of the

"News.'')

Need Help From Members

Pressure for the new legisla-

tive program has come particu-

larly from most of the nine

chapter boards, The success of

the program now depends large-

ly on their support. The financial

cost is $28,000 over the next two

years, or $14,000 per year. The

ACLU will need the financial

help of every member in order to

raise these extra funds which

average out to more than $2 per

member, Since many members

cannot afford more than the mini-

mum dues (especially our seven

or eight hundred student mem-

bers), many extra contributions

of $5, $10, and $25 and larger

wil! have to be received in order -

to finance the project.. When the

annual budget appeal and re-

enrollment is made next October,

every member will be urged to

increase his dues to meet the en-

larged ACLU program. Of course,

contributions will be welcomed

NOW for this new undertaking.

Each Chapter will be urged to

establish a special committee to

help raise funds for legislative

work.

Organized Support

Each chapter will also be "en-

`couraged to mobilize its mem-

bership for timely legislative ac-

tion." In fact, the legislative pro-

Ass't Staff

Counsel and Leg.

Rep. Wanted

The ACLUNC has an open-

ing on its staff for an Assistant

Staff Counsel and Legislative

Representative. Among other

things, the job requires analyz-

ing bills, preparing arguments

and reports for or against leg-

islation, appearing before leg-

islative committees in Sacra-

mento and explaining ACLU's

s0sition on bills to legislators,

dealing with legislators, offi-

cials and the press, serving

the ACLU Legislative Com-

mittee and keeping chapters

and the branch informed about

the ACLU legislative program

ind developments. The job

also requires working closely

in Sacramento with the legis-

lative representative of the

Southern California branch in

order to implement a joint

legislative program, but direct

responsibility is to the North-

ern California branch, its ex-

ecutive director and board.

When not involved in legis-

lative matters, the job calls

for working on the branch le-

gal program under the direc-

tion of the staff counsel.

Applicants should send full

information about themselves

as soon as possible to Ernest

Besig, executive director, at

503 Market St., San Francisco,

Calif., 94105. Thereafter in-

terviews will be arranged.

Hopefully, a final selection

will be made by September

15,

sentative.

gram will have muscle only to

the extent that it receives organ-

ized support in local communi-

ties.

. The branch board acted on the

recommendation of a special com-

mittee composed of Donald Vial,

chairman; John R. May, and Rich-

ard J. Werthimer. The commit-

tee's proposals also met with the

approval of representatives from

the various chapters. The com-

mittee's full report, with two

minor changes made by the

board, follows:

The Legislative Committee rec-

ommends that the ACLU of

Northern California develop a

legislative action program in co-

operation with the ACLU of

Southern California and that this

joint program be based on mu-

tually satisfactory arrangements

for designating legislative repre-

sentatives, sharing office ex-

penses in Sacramento, and deter-

mining the scope of issues to

be covered before the Legisla-

ture. While complete agreement

on all issues may not be possi-

ble, it is reasonable to assume

that with regard to the great

bulk of the civil liberties issues

before the Legislature there is

ample opportunity for effective

cooperative action. Appropriate

steps should be taken at an early -

date to work out a joint program

with Southern California. In the

meantime, the ACLU of Northern

California should commit itself

to the following:

Assistant Staff Counsel

1. The addition of a person to

the regular staff of the Branch

-in the capacity of Assistant Staff

Counsel and Legislative Repre-

This person would

work with the legislative repre-

sentative from Southern Califor-

nia to implement the joint legis-

lative program, but he would be

directly responsible to the North-

ern California Branch, its Execu-

tive Director and Board, and

would work closely with the Leg-

islative Committee and the vari-

ous Chapters on legislative pro-

grams. When not involved in

legislative matters, he would as-

sume regular staff counsel dut-

ies in the office. |

Additional Funds 28

2. Raise additional funds te

augment the Branch budget and

establish the legislative program

on a sustaining basis. This would |

require special fund raising ef- |

forts and the assumption of re

sponsibility by the chapters for |

achieving a significant expansion |

of the membership base. A min--

imum of $14,000 per year over

a two year period would be need- ,

ed to carry forward the program, |

-Continued on Page 3 |

Report on

Mental Patients

Available

Last month the NEWS cailed

attention to the proposed changes

in the California Welfare and In-

stitutions Code made by the Mid-

Peninsula Chapter of the ACLU-|

NC, The changes are set forth in

a report titled "The Civil Liber-

ties of Mental Patients." Persons

wishing to receive copies were

referred to Mrs. Judith Burgess.

Since Mrs.. Burgess has now left

the area, copies of the report may

be procured from Dr. Gershon

Berman, 942 Van Auken Circle,

_ Palo Alto, or the branch office.

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, California 94105, EXbrook 2-4692

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

351

Ralph B. Atkinson.

Pr. Alfred Azevedo

Albert M. Bendich

Leo Borregard |

Prof. Robert Cole

Prof. John Edwards

Rey. Aron S. Gilmartin

Evelio Grilio

Mrs. Zora Cheever Gross

Albert Haas, Jr. :

Howard H. Jewel

Ephraim Margolin

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

-. Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J, Eagan

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 Rincrican Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Van D. Kennedy _

VICE-CHAIRMEN: Rabbi Alvin I. Fine

Helen Salz

EXECUTIVE DIRECTOR: Ernest Besig

~ GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

- CHAPTER DIRECTOR: Mrs. Marcia D. Lang

Committee of Sponsors

John R. May

Prof. John Henry Merryman

Rev. Robert J. O'Brien

Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec Skolnick

Gregory S. Stout

Stephen Thiermann

Richard E. Tuttle

Donald Vial

Richard J. Werthimer

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

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

Favorable Decision

Four Year Delay

In Disposing of

Security Case

After a delay of more than four years, an industrial

employment security case came to a successful conclusion

last month with a determination by the Office of Industrial

Access Authorization Review "that the granting of authoriza

tion to (the employee) for access to information classified at

the Secret level, is clearly con-

sistent with the national inter-

est."

Case Began In 1962

The Statement of Reasons in

the case was issued on June 14,

1962, following the employee's

appearance in Washington be-

fore a screening board in Janu-

ary 1962, Hearings in the case

were not held in San Francisco

until November 13, 1963. On the

advice of counsel, the employee

did not testify because the Gov-

ernment did not undertake to

present witnesses or evidence to

establish its allegations. Ernest

Besig, ACLU executive director,

who represented the employee,

contended that under a decision

of the U. S. Supreme Court the

employee had no duty to prove

the negative and that the Govern-

ment had the responsibility of

confronting the employee with

his accusers.

Reopened Hearings

Almost two years later the

Government reopened its hear-~

ings but failed to introduce any

testimony and, therefore, the em-

ployee once again refused to

testify. Finally, eight months

later a favorable decision was

handed down.

The charges against the em-

ployee sprang mainly from his

probationary membership in the

Communist Party while he was

a student at the University of

California at Berkeley in April

1949. He was expelled from the

party in May 1950 as a white

chauvinist, a deviationist and se-

eurity risk,

The Statement of Reasons also

charged the employee with as-

ACLU NEWS

AUGUST, 1966

Paqe 2

sociating with certain members

and sympathizers of the Commu-

nist Party in 1950 and with being

a member of the Civil Rights

Congress. In addition he was

charged with membership in the

Young Progressives and with

supporting the Independent Pro-

gressive Party.

Alleged Misrepresentations

It was also alleged that he had

attended the California Labor

School for two months in 1949

and that he made misrepresenta-

tions as to when he began to lose

interest in the Communist Party.

The Government asserted that

since he had renewed his sub-

scription to the People World in

1951 and about the same time

continued his subscriptions to the

National Guardian and the New

World Review, therefore, he

couldn't have been disillusioned

with the Communist Party, Fur-

thermore, the Government also

alleged that because in 1951 he

had listed a Communist sympa-

thizer as a reference on an em-

ployment form and continued to

register as a member of the In-.

dependent Progressive Party un-

til 1952 this was further proof

_ that he had not lost interest in

the party prior to his expulsion.

Probationary Member

There were other allegations

of falsifications springing from

his denial that he was ever a full

fledged member of the Com-

munist Party but only a. proba-

tionary member, or a member of

a group advocating the violent

overthrow of the government. Al-

so, in filling out some Civil Serv-

ice Commission forms he was al-

leged to have withheld informa-

tion concerning certain Commu-

hist associations and activities.

Baccalaureate

Decision

Unchanged

Late last month the State Su-

preme Court refused to grant a

hearing in the case of Balgooyen

v. The Los Gatos Joint Union .

High School District leaving the

decision of the District Court of

Appeal, discussed in the July

News, unchanged. The ACLU

had urged the Supreme Court to

reach the merits of the conten-

tion that religious services on

school property with the cooper-

ation and participation of school

officials was a viclation of the

separation of church and state

under the First Amendment as

well as the California Constitu-

tion. The District Court of Ap-

' peal had refused to reach the

merits of this issue, holding in-

stead that the case was ``moot"

because the particular service

complained of had already been

held and there was no way to de-

termine whether similar services.

would be held in future years.

The District Court of Appeal

was not deterred from its posi-

tion when, after its decision, the

School District went ahead and

held baccalaureate services on

the school grounds in June of

1966. The failure of this appeal to

decide the issue will mean that

a new suit and injunction action

will have to be filed in Santa

Clara County in 1967 if there are

any signs that the School Board

intends once again to have bac-

calaureate services on school

grounds with the participation of

school personnel,

Letter From L.B.J.

Commends ACLU

For Its Work

President Lyndon B. Johnson

declared last month that "The

nation draws strength from (the

ACLU's) efforts to make the

democratic ideal a reality in its

everyday life.' The statement

was made in a letter to Ernest

Angell, chairman of the national

board of the ACLU, read at the

biennial conference of the ACLU

held at the State University of

New York on Long Island, The

text of President Johnson's let-

ter follows:

Born at a time of flagrant in-

justice, the American Civil Liber-

ties Union has emerged as a

stalwart champion of the rights

of man.

You have fought many battles

in freedom's name, and you have

known the encouragement of

many victories,

In our courts and ieetele tures

you have been articulate and per-

suasive, In our communities and

schools you have brought clarity

and firmness to the appeal of

human brotherhood.

The nation draws. strength

from your efforts to make the

democratic ideal a reality in its

everyday life.

All fair-minded Americans

stand in your debt. They know

that the test of our ability to pre-

serve and expand freedom in the

world rests on our success in

protecting civil liberty at home.

As we now work to right the

wrongs and heal the wounds of

generations past, I ask your con-

tinued support.

You have fought with honor

against the stifling inequities of

yesterday. May this same honor

inspire you with courage and

perseverance in tomorrow's bat-

tles for social justice."

Membership

At Record 6825

As the NEWS goes to press the

.Membership has climbed to a

record 6825, The branch wound

up the last fiscal year on Octo-

ber 31, 1965, with a membership

of 6659. In addition, there are

204 separate subscribers to the

NEWS and a total paid mailing

list of 7029. The office is. still

hopeful of reaching a member-

Ship of 7000 by the end of the

`fiscal year on October 31.

Criticizing Vietnam Policy

Prosecution

Threats of renewed prosecution against a paroled Army

lieutenant unless he ceases making statements critical of |

government policy in Vietnam were sharply scored last:

month by the American Civil Liberties Union. The lieutenant |

is appealing a court-martial conviction arising out of his

participation in an anti-Vietnam

war demonstration last winter.

The civil liberties group, which

is providing counsel to Lt. Henry

H. Howe, Jr., of Boulder, Col.,

attacked the Army's pressure

which "would so brazenly under-

take to suppress Mr. Howe's right

of free speech solely because

he is critical of the Army and

of government policy in Viet-

nam," and warned against `the

growing dangers to freedom

which are being spawned by the

war in Vietnam."

Army General Counsel

The ACLU's statement was

prompted by a letter sent by

Army General Counsel Alfred B.

Fitt on July 7 to Melvin L, Wulf,

the Union's legal director, warn-

ing that public statements made

by Lt: Howe in May about "Presi-

dent Johnson, the policies of the

United States toward Vietnam,

the quality of military and civil-

ian justice in this country ...

raised the possibility of viola-

tion" of provisions of the Uni-

form Code of Military Justice.

Fitt also suggested possible prose-

cution under a section of the U.S,

Code providing up to 10 years

imprisonment for whoever "with

intent to interfere with ... the

loyalty, morale, or discipline" of

the military "advises, counsels,

urges . . . insubordination, dis-

loyalty, mutiny or refusal of duty

by any members of the military

or naval forces ..."

Contemptuous Words

Lt. Howe is currently on pa-

role pending the appeal of his

court-martial conviction last De-

cember for demonstrating against

U.S. policy in Vietnam. He was

convicted of using contemptuous

words against President Johnson

and of conduct unbecoming an

officer, and was sentenced to two

years at hard labor (later re-

duced to one year), dismissal

from the service, and forfeiture

of all pay and allowances. Dur-

ing off-duty hours and in civilian

clothes, Lt. Howe had participat-

ed in an El Paso, Texas, demon-

stration, carrying a placard de-

nouncing President Johnson's

leadership and war policies.

Criticizing Official Policy

Responding to Fitt, Wulf, who

is serving as Lt, Howe' s counsel,

argued that "it seems perfectly

clear . . . that it is not public

statements as such to which the

Army objects, but only those

statements which presume to

criticize official policy." The AC-

LU letter added that the national

press had carried "more than one

letter .. . from officers and en-

listed men which support the

government's Vietnam policy but

the Department of the Army has

never suggested that such public

statements are improper, no less

illegal."

Fatuous and Futile

The threat to prosecute Lt.

Howe for violation of the federal

law barring interference with the

loyalty, morale, or discipline of

the armed forces or advising

their disaffection was called "`fat-

uous" and "futile" in the ACLU

letter. Emphasizing the law's du-

bious constitutionality which is

widely acknowledged by lawyers,

the Union asserted that "the

mere suggestion that it might be

added that

invoked against Lt. Howe is.a

reflection of an incipient tenden-

cy towards the suppression of |

freedom" reminiscent of "the pe- 0x00B0

riod of McCarthyism." The civil `

liberties group noted that the `"in-

evitable effect" of the threats

against Lt. Howe "is to impair

the debate over government poli-

cy", adding that "debate is pre-

cisely what the First Amend:

ment is intended not only to pro-':

tect, but to foster as well." i

Other Arrests

In attacking Army curbs on

critical debate of the govern- .

ment's Vietnam policy, the Union

said the Howe case was cut from

the same pattern as the arrest

in New York on June 7 of four

enlisted men who had publicly

criticized the government's Viet- -

nam policy and said they would

refuse to serve there. This arrest-:

occurred on the very day that

Fitt was writing to the ACLU:

`about Lt. Howe. The four enlisted

men are confined to barracks at

Fort Dix, New Jersey, pending .

an investigation to determine -

whether they have violated the

same provisions of the U.S. Code".

of which Lt. Howe is accused, -

False Assumption _

The ACLU noted Army Coun-

sel Fitt's warning that "so long

as he-is-subject-to. military. juris--

diction, Howe should refrain .

from pamphleteering or partici--

pation in meetings, rallies, con-

ferences and the like where it

might reasonably be expected

that his personal views concern-

ing the President, our presence

in Vietnam, the obligations of

soldiers and related topics would .

come to public attention." Fitt _

"revocation of his

parole and other appropriate dis-

ciplinary action" would be the

consequences if Lt. Howe does

not heed the warning. Pointing

to the "fallacy of that position,"

the ACLU argued in its letter

that the "assumption that all

serving officers, including junior

officers, are forbidden to express

political views . . . inconsistent

with government policy" is "not

supported by law, nor support-

able on any policy. grounds."

Responsibility of the Army

Asserting the "responsibility"

of the Army "to society to adopt

policies that are consonant with

the First Amendment," the Un-

ion called the need "particularly

compelling" where "a large part

of the military establishment, in- "

cluding Lt. Howe, is in service

not out of choice but by com- |

pulsion." The ACLU urged the

Army to "recognize the fact that

suppression of free political

speech of its basically civilian

`members is hardly calculated to

encourage that freedom after the .

completion of required service."

As long as service is compul-

sory, the ACLU declared, "the

Army has the obligation of fos-

tering democracy as much as it

has the obligation to teach sol-

diering. The two are not incon-

sistent.

Calling on the Army to "re-

consider the entire matter," the

civil liberties organization argued

that "whatever Lt. Howe's tech-

nical status, he is, from a prac-

tical viewpoint, more civilian

than soldier in his present stat-

us, as a parolee, adding that `the

Army's action ; .. is a dangerous ~

intrusion by the military inte

civilian life."

The Case of Richard Carey

When Richard William Carey enlisted in the Navy on ~

October 7, 1961, he was but 17 years of age. He signed a

contract, with his parents' approval, providing for four years

of reserve duty in the Navy and two years of active duty.

The next summer he graduated from high school and the

following summer he went on

his first two-week tour of active

duty aboard a submarine. It was

during this: tour that Carey

began to think of what the re-

sults would be if the war

"games" his ship was engaged

in were real. He began to under-

stand that he would. be respon-

sible for taking a human life and

that this responsibility .was not

compatible with the religious

principles within himself. Be-

' eause of an injury to his knee,

Carey was

duties for a period of time until

he again began going to reserve

meetings in May of 1965.

Discharge Refused

At the first such meeting he

attended he informed his com-

manding officer that he was a

conscientious objector to military

service and that the twe Pres-

byterian ministers at his church

strongly supported the sincerity

and religious nature of his ob-

jection. Despite any lack of con-

flicting evidence an application

for an administrative discharge

from the Navy because of. con-

scientious objection was refused

Carey in December of 1965 and..

in March of 1966 he was called

for active duty.

Second Application Denied

On `reporting for active duty

Carey again stated his econscien-

tious objection and made a see-

ond application for administra-

tive discharge. This time in addi-

tion to the two ministers, several

professors of Carey's and his

father and his uncle supported

the sincerity of his views. How-

ever, the application was again

denied, again without any evi-

dence whatsoever that Carey's

views were not sincerely held.

Specia] Court Martial

Next, Carey was given orders

to undertake ordinary Navy duty

at Treasure Island and respect-

fully refused to obey such orders

on the ground that his conscience

compelled him not to participate

in military service. He was given

a special court martial for failure

to obey orders, entered a plea of

guilty, but submitted evidence of

his conscientious objection with

regard to the punishment. The

court martial panel of four Navy

officers recommended that Carey

be given an administrative dis-

_charge as a C.O. but sentenced

him to two months in the brig

and $100 fine. The recommenda-

tion of the court martial for ad-

ministrative discharge was re-

fused by higher authorities and

Carey served his sentence.

ACLU Help Sought

On approximately July 5, 1966

Carey contacted the ACLU and

asked for help. On July 8, staff

counsel Marshall Krause learned

that Carey was to be shipped to

Japan by the Navy on July 13.

On Monday, July 11 an applica-

tion for a writ of habeas corpus

was prepared for filing in the

Federal District Court on the

-pasis that the Navy had arbitra-

rily denied an administrative dis-

charge to Carey when. he was in

fact a conscientious objector and

there was absolutely no basis for

a factual finding to the contrary.

No Judge Available

Frustration. began to set in

when on filing the application on

Tuesday morning, July 12 with

the clerk of the Federal District

excused from all.

Court Krause learned that there

was no federal judge available

in the district to issue a protec-

tive order preventing the Navy

from taking Carey to Japan the

next day because all judges were

attending a judicial conference

in Newport Beach. An inquiry to

the clerk of the United States

Court of Appeals disclosed that

all judges on the Court of Ap-

peals. were also at the conference

in Newport Beach or otherwise

out of town. The only available

judge in the area was a judge of

another division of the U. S. Dis-

trict Ceurt, Judge Halbert in

Sacramento. There was insuffi-

cient time to bring the applica-

tion to the judge and it was also

not known whether Judge . Hal-

bert would be available to hear

the matter in the afternoon of

July 12.

Sacramento Judge Refuses Order

By a stroke of luck ACLU

volunteer attorney Larry Karlton

of Sacramento was able to can-

cel his appointments for the

afternoon of July 12 and take up

Carey's cause by trying to lo-

cate Judge Halbert and persuad-

ing him to hear the matter with-

out actually seeing the filed ap-

plication for the writ of habeas

corpus. Judge Halbert did agree

to.hear the matter. and Karlton

argued that he should issue a

temporary restraining order. The

United States Attorney opposed

Karlton on the basis that the

Navy's action in denying an ad-

ministrative discharge was final

and that the courts could not

examine into this decision. This

position was accepted by Judge

- Halbert and he refused to issue

a restraining order.

Carey In San Diego

Fortunately, at the last minute

Carey's orders were changed and

he was sent. to San Diego for a

layover before any further as-

signment. It is now hoped that

the ACLU of Southern Califor-

nia, through volunteer attorneys

in San Diego, will carry on

Carey's fight to be discharged

because of his conscientious prin- |

ciples. It is the ACLU position

that Judge Halbert was in error

in holding that the federal courts

could not review the decision of

the Navy. Although there is no

precedent case directly on point,

similar cases in other factual

situations have held that where

a decision to deny conscientious

objector status has `no factual

basis" it will be struck down by

the courts.

Berman Named

ACLU Intern

Jerry J. Berman, a third-year

student at the law school of the

University of California (Berke-

ley) and an editor of the Cali-

fornia Law Review, has been se-

lected as ACLU's legal intern

for the summer of 1966. He will

be working with staff counsel

Marshall Krause doing research

on cases and other special pro-

jects of civil liberties interst. -

Mr. Berman is married, lives in

Berkeley, and holds a. Master's

degree in American Government

and American Political `Theory

from the University of California

as well as a Bachelor of Arts de-

gree in Political Science and was

elected to Phi Beta Kappa as an

undergraduate,

Branch Will

Hire Lobbyist

Fer Legislature

Continued from Page 1-

based on a Salary range of $8, 000

to $10,000 for the additional staff

person and the balance for sec-

retarial, office, and other ex-

penses. It may be necessary to

raise these figures if the Legis-

lature goes to annual sessions.

Reserve funds could be used as

necessary to underwrite the pro-

gram for a maximum of two

years.

Legislative Committee

3. Establish a standing legis-

lative committee which would

meet regularly with the legisla-

tive representative to review leg-

islation and help carry out the

legislative program in coopera-

tion with the Chapters. The Leg-

islative committee should be

composed of representatives

from chapters (preferably their

legislative committee chairmen)

and Board members, The com-

mittee, working in cooperation

with the legislative representa-

tive and the Executive Director,

should be given broad authority

to make decisions on legislative

issues in areas of established

policy. Only issues clearly falling

outside the scope of established

policy would be referred to the

Board.

Activation of Chapters

4. Activate Chapters on legisla-

tive program. Each chapter

should be encouraged to mobilize

its membership for timely legis-

lative action. Through represen-

tation on the Legislative Com-

mittee and by direct contact with

the legislative representative,

each chapter should be able to

keep abreast. of legislative devel-

opments, Phone trees should be

organized for quick action when

necessary. Chapters would also

assume responsibility for keeping

the membership informed on

legislative developments and con-

ducting educational programs on

the issues. Legislators should be

encouraged to report regularly

to Chapter leaders on the prog-

ress of legislation. either through

regular luncheons, dinners, or

other appropriate means of com-

munication. Finally, each Chap-

ter should establish a special

committee to help finance the

legislative program,

Marin Meeting

Discusses Rights

lf Arrested

Marin Chapter ACLU spon-

sored a public panel discussion

on citizens' rights related to

arrest, custody and trial in Marin

City on July 20. On the panel

were Sheriff Louis Mountanos of

Marin County, attorney Carl Sha-

piro, Marin Chapter board mem-

ber, and Richard Brienier, As-

sistant Public Defender. Benja-

min Dreyfus served as modera-

tor and chairman,

Sheriff Mountanos dealt with

the need for a cooperative rela-

tionship between community and

police, and he described the

many safeguards to the citizen

inherent in proper police pro-

cedures, The attorneys discussed

the impact of the new Supreme

Court decision that an arrested

citizen must be immediately ad-

vised of his right to remain ssi-

lent and to obtain legal counsel.

There was spirited questioning

from the audience of 100 people.

Particular interest focused

around what to do when the

police request identification,

whether the rights of juveniles

are the same as those of adults,

and whether law enforcement

and judicial procedures can deal

fairly with minorities and the

poor,

Resource persons present who

supplemented the _ discussion

were Mrs. Bella Aaron of the

Marin Human Rights Commission

and Inspector Josephson of the

Sheriff's Juvenile Bureau.

Y

A bumbling

stir heated controversy has qualified fer a place on the

November general election ballot. It is an anti-ebscenity

proposal which is sponsered by an organization calling itself

"CLEAN, Inc.", which stands fer "California League En-

listing Action Now."

Some of Its Sponsers

CLEAN'S headquarters are in

Los Angeles (where else?) and

the initiative is sponsored by

such persons as State Sen. Jack

Schrade, R-El Cajon; Assembly-

man E. Richard Barnes, R-San

Diego; Lioyd Wright Sr., past

president of the California Bar

Association; Former District At-

torney James Clancey of Los An-

geles; and Secretary of State

Frank M, Jordan.

Right-Wing Propesal

William Wingfield, in the July

issue of Frontier Magazine, com-

ments on the issue under the

title "A Cause te Mateh Our

Kooks." He says that "The people

behind it, by and large, are the

same ones who promoted the

Francis Amendment in 1962 and

Proposition 14 in 1964, They are

`the same ones who turn up back-

ing every right-wing cause from

Joe Shell's campaign for gover-

nor in 1962 to Goldwater's for

President in 1964 to Ronald Rea-

gan's in 1966,. Reagan, himself,

endorses the CLEAN initiative."

L.A. Times Opposed

On June 22nd, the Los Angeles

Times declared:

"It is a bad proposition and

should be defeated .

"In a recent wolicy Matceent.

the Board of Directors of the

Northern California - Nevada

Council of Churches reported it

was `appalled' by the initiative.

The Board noted that sweeping

censorship has been known to

enhance rather than limit the

appeal of pornography.

"Tf the measure is adopted, the

board said, `it could prohibit the

publication and distribution of

the works of Shakespeare and

even the Holy Bible.'

"For these reasons and because

it represents an unwarranted

Board Votes

To Defend

A Barber

Once again the State Board of

Barber Examiners is attempting

to prevent a person from becom-

ing a licensed barber because he

has been convicted of a crime.

The ACLU has long taken the

position that in the common occu-

pations requiring no special fi-

duciary trust or grave profes-

sional responsibility a criminal

conviction should not be a dis-

qualification unless that convic-

tion directly relates to the ability

to perform the work in question.

Otherwise persons convicted of

erimes would have a difficult

time making a living.

In the case at issue the barber

Was convicted of several offenses

while he was a juvenile, was con-

victed of two minor traffic of-

fenses, was arrested for a "`sus-

pected" violation of the auto

theft law (the barber was never

charged, let alone convicted of

this offense), and was convicted

of trespassing, a misdemeanor.

Several of these matters should

never have been charged against.

the barber, and the remaining

matters are not serious enough

to disqualify him from his trade.

Such a disqualification would

seem so arbitrary as to violate

due process of law,

initiative measure which is

. Anti-Obscenity Initiative

`pound to

hamstringing of both the legis-

lative and judicial branches of

government, the measure must be

defeated."

Legal Analysis Available

At its meeting on July 14 the

Beard of Directors of the ACL-

UNC toek a stand against the

CLEAN initiative because it vio-

lates constitutional rights. A legal _

analysis of the initiative is being

prepared by the ACLU and will

form the basis of opposition to

the initiative by the branch and

its chapters, Members may secure

copies of the opinion by. writing

to the office.

District Attorney Evelle J.

Younger of Los Angeles county

has blasted the initiative as clear-

ly unconstitutional, Indeed, it

flies in the face of US. Supreme

Court decisions. It redefines the

statutory definition of obscenity

merely as appealing to prurient

interest. It would no longer be

necessary, as required by the U.S.

Supreme Court, that the material

be either patently offensive or

utterly without redeeming social

value.

DA's On The Spot

Police would be given bread -

authority to seize obscene matter

and prosecuting attorneys are re-

quired to enforce the law vigor-

ously. In fact, any person may

file suit against a district attorney

to require him to enforce the law

if he fails to act on a specific

complaint ten days after a writ-

ten demand. If the suit is success-

ful, the District Attorney is sub-

ject to removal from office.

Distribution of alleged obscene

material to minors under the age

of 18 would be weighed by "the

appeal of the subject matter" to

"an average person of the actual

age of the minor to whom such

material is distributed.' Obvious-

ly this is a vague and ing Hae

standard.

Broad Police Powers

Section 7 of the proposal would

allow a police officer to seize

every copy of a publication with-

out a prior judicial determination

of obscenity. As the L.A. District

Attorney has pointed out this

would be an unconstitutional .

prior restraint.

The jury would be made "the

exclusive judge of what the com-

mon conscience of the community

s." Apparently, this means that

documentary evidence and expert

witnesses would no longer be al-

lowed. Restrictions are also

placed on the authority of judges

to dismiss prosecutions.

The proposal would severely -

increase the penalties for viola-

tion of the obscenity laws. In

some instances, the offense would

be punishable as a felony.

"Liberal Construction"

Section 10 provides that the

law "shall be liberally construed

by the courts of this State so as

to repress and prohibit the ob-

scene matter and conduct pro-

scribed herein." On the other

hand, the U.S. Supreme Court -

has consistently pointed out that

in First Amendment areas "the

separation of legitimate from il-

legitimate speech calls ae

sensitive tools."

The foregoing are just a few

of the many objections to the

CLEAN initiative. The ACLU

agrees "It is a bad proposition

and shouldbe defeated."

ACLU NEWS

AUGUST, 1966

Page 3

After an alarmingly slow start,

Which led to pessimistic forecasts

that ACLUNC would be unable

to reach its goal of 700 new mem-

bers, the 1966 membership drive

gradually improved, and picked

up sufficient momentum to bring

it to a final, successful conclusion.

Rise In Student Membership

The final tally of new member-

`ships reached eight hundred and

ninety-eight, of which almost one-

third (271) were students. The

extraordinary rise in student

memberships which was evident

last year, not only continued, but

climbed in 1966. In fact, without

the student memberships, the

goal of 700 would not have been

met. Unsurprisingly, the areas

of concentration of student mem-

bers are in the Berkeley/Albany

and Mid-Peninsula Chapters. San

Francisco, drawing upon stu-

.- dents attending the State College

and San Francisco City College,

also accounted for increases in

this category, but to a much

smaller degree than the two chap-

ters embracing U.C. and Stan-

ford.

San Francisco, again led all

areas and chapters both in terms

of new memberships and income.

The largest chapter, Berkeley/

Albany, once more led the field

among chapters, although the

most dramatic gain over last year

was scored by the Mid-Peninsula

Chapter. Mount Diablo and Sacra-

mento fell short of the totals

attained in the 1965 drive. :

Non-Chapter Areas

Sonoma County and Fresno,

areas of previously low member-

ship, surged forward this year

under the impetus of particularly

enthusiastic leadership. Fresno,

in fact, has developed a chapter

organizing committee which

plans to submit a petition for a

charter. While Sonoma County's

new members increased nine-fold

over last year's, hopes for a lo-

cal chapter will have to be de-

ferred until there is a substantial

Overall increase in local active

membership.

New memberships in San Fran-

cisco dipped somewhat below last

year's total but income increased

about $200. Oakland, a tradition-

ally difficult area, continued its

trend of gradual improvement.

The Hayward / Livermore area,

which last year registered an un-

precedented gain, slumped in

1966. For the second year the

same was true of the Napa area

which had surged upward dra-

matically.

Income

Although the 1966 membership

drive was successful in terms of

a continued rise in memberships,

the increase in income from new

dues, contributions and new sub-

scriptions to the ACLU NEWS

Was not commensurate. In part,

this is accounted for by the high

proportion of new student mem-

berships (at $2, as compared with

$7 and $10 regular member-

ships), by smaller contributions,

and by fewer new subscriptions.

Inasmuch as other nonprofit or-

ganizations, particularly in the

field of civil rights, suffered sub-

stantial (and in some cases near-

ly catastrophic) losses of mem-

berships and contributions, ACL-

-UNC is relieved and pleased to

have been able to score an over-

all gain in both categories,

Publicity

Good publicity by way of edi-

- torials praising ACLUNC in the

San Francisco Chronicle, the San

Francisco Examiner, and Hoku-

bei Mainichi (the Japanese daily)

and announcements about the

drive on commercial radio, was

obtained as a result of hard ef-

fort on the part of Miss Faith

Perkins, and Mrs, Murray Per-

sky, Ernest Besig, Executive Di-

rector, and Marshall Krause,

ACLU NEWS

Page 4

Results of 1966 Membership Campaign

(March 14 - June 30)

Note: 1. Meubetenip figures include family members. The totals, therefore, do not reflect the number of new individual

members

2. Because of the continuing marked rise in the number of student memberships, the number of such member- |

ships is shown in parenthesis next to the column of total memberships.

3. Only the names of chairman and volunteers who undertook responsibility for the campaign within chapters and

specified areas are given. They were assisted by volunteers, too numerous to list, whose efforts are deeply |

appreciated. J

New New

`Memberships Non-Member Subscribers to Total

Chapters Total (Students) Contributors ACLU NEWS Income

Berkeley/Albany eo ne 2S (97) 5 2 $1,084.00

Marine 8 8 36 =-(._s" 8) 3 2 350.90

Mid-Peninsula 109 (40) 4 3 816.00

Monterey. 2 12 (c) 4) 1 1 100.00

Mount Diablo... 1. (3) 2 - 214.00

Sacramento... 37 (8) = = 342.00

Satta Claras2 2 87-13) 4 3 258.50

Santa Cruz............ fe 35 ( 6) Z 1 - 268.00

Stogkton ee i (-) - - 129.00

Non-Chapter Campaign :

Areas and Miscellaneous :

Butte Caimty 322 9 (1) I 1 100.50

Fresno Area __........... ae ae Ay C13 - 1 329.00

Hayward/Livermore__________... 20: = (2.6) 3 - 162.00

Humboldt County... 2. (-) - - 20.00

Modesto_....... Ge a 20 - 1 11.00

Napa/imola......os 2 1 (~+ - - 12.00

Oakland =. 4s 2. 48 ( 16) 5 3 529.00

Redwood City/Belmont/

Nan Carlos: 22 ( 3) - 2 57.00

Richmond/EI Cerrito/

San Pablo... = .2.22: ee ee - - 61.00

| San Mateo County... 26. (4) 1 - 226.00

San Francisco........................ 1790x00B0 (37) q 6 1.666.00

Sonoma County..................... 38 (6) - 3 276.00

Mise. California.......2. 2 ....-.... 30 (. 8) - 1 242.00

Out of State. $= ( 8) 1 2 182.00

TOTAL.........- lice ae ae ies 898 = (271) 49 32 $7,431.00

*Mrs. M. Crapo, Miss L. Lyman, Mr. W. Mason, Mrs. W. Petersen, Mr. E. Sorrels, Mrs. D. Stone.

Mrs. Sue Somerville

Mr. Robert Greensfelder

Mr. Harry Lewenstein -

Mrs. Dorothy Luce

Mr. Don Sanford

Mrs. Meredith Crown

Prof. Theodore Balgooyen

Dr. Marvin Naman

Mrs. J. W. Phillips

Prof. Frank Ficarra

Mr. Russell K. Grove

Mrs. Noni McGaugh |

Mail Campaign

Mail Campaign

Dr. Morton Glickman

Mrs. Carol Hirsh/

Mrs. Dorothy Walreth

Mr. Noel J. Gilson and

Mail Campaign

Mr. John Ungaretti and

Mail Campaign

*Team of 7 Volunteers

Office with 46 Volunteers

Rev. Geoffrey P. Selth -

Mail Campaign

Membership Chairman

AUGUST, 1966 -

Berk.-Albany

Chapter Elects

New Beard

The Berkeley-Albany Chapter

of the ACLUNC recently held an

election for members of its board

of directors. Only 181 of the al-

most 1400 members cast ballots

by mail or at the election meet-

ing. Following is the list of the 21

persons who were elected:

Dr. Neil Blumenfeld, Blair M.

Boyd, Larry Duga, Michael Eisen,

Henry Elson, Peter Franck, the

Rev. Samuel M. Garrett, Max

Guber, Thelton F, Henderson

Prof. Leon Henkin, Neil Hor-

ton, Cecilia Hurwich, Ruth Lyon,

Prof, John Paterson, Dr, Eric A.

Plaut, Stephen S. Rauch, William

F. Riess, Prof. Sandra Rudnick,

Ronald Tauber, Prof. Joseph

Tussman, and Dr._R. James Yan-

dell.

At this writing, the board had

not yet selected its officers for

the coming year.

Staff Counsel were interviewed

on television several times,

Volunteers

As part of the overall slump

in public concern with civil lib-

erties ACLUNC suffered the loss

of much volunteer help. In addi-

tion, it was severely jarred by

the loss to paid jobs of numerous

members who had toiled faith-

fully for many months and years.

In addition, the primary election

and a variety of local public is-

sues and political campaigns, de-

flected the energies of many AC-

LUNC leaders and steady work-

ers This attrition placed heavier

burdens on the Office, local mem-

bership drive leaders and volun-

teers. Many new members were

enlisted to help. The outcome of

the drive is the result of the

enormous and dedicated labor of

the reduced pool of volunteers.

Letters of thanks are now go-

ing out to all of the volunteers

for whom the Office has names.

Those Chapters which have not as

yet submitted the names of their

workers are urged to send them

in without delay. -

Nisei Were Put

In Concentration

Camps, Says Clark

Last month, U.S. Supreme

Court Justice Tom C. Clark, in

an interview with the San Diego

Union, declared that the deci-

sion to move Japanese Americans

from California during the last

war and the trials of Nazi war

criminals were both "mistakes."

In both actions, Clark, who was

then Attorney General, played a

part,

Two Mistakes

"T have made a lot of mis-

takes in my life," Clark is quot-

ed as saying, "but there are two

that I acknowledge publicly. One

is my part in the evacuation of

the Japanese ... the other is the

Nuremburg trials.

"Tt don't think that they (the

trials) served any purpose at

ali, I think that all they do is

give other countries-like Castro

`in Cuba, for example-the excuse

whereby he could legalize assas-

sination of his enemies at a

trial."

Truth of the Matter

Concerning the Japanese evac-

uation, he said, they were of

course of foreign extraction, but

they were our citizens, fellow

citizens. `""We picked them up and

put them in concentration camps.

That's the truth of the matter."

Subsequently, he was ques-

tioned by reporters in Reno, The

Associated Press quotes him as

saying he recommended the mov-

ing of the Japanese, and that

President Franklin D. Roosevelt

was not entirely to blame. "It

was a mistake because we did

kick American citizens around.

It's true it was during a war, but

I rather doubt we should have

moved them out."

The ACLU of Northern Cali-

fornia unsuccessfully challenged

Gen, John L. DeWitt's exclusion

order in the U.S. Supreme Court

`in the Korematsu case. The vote

to uphold the exclusion ou

was 6-3.

Move in So. Cal.

To Repeal

Rumford Act

A campaign to repeal the Rum-

ford Fair Housing Act is re-

ported under way in Southern

California. The Act makes it il-

legal for owners of property of

four or more units to refuse to

sell or rent on account of race,

creed or color.

The backers of. the initiative

are reported to be many of the

supporters of Proposition 14

which was recently held uncon-

stitutional by the State Supreme

Court.

It is also reported that the

proposal would be submitted di-

rectly to the State Legislature. If

it fails to act within forty days

then the measure would go on

the ballot at the next State elec-

tion.

Under this procedure, only 4%

of the votes cast for governor in

the last election would be needed

to qualify the proposal for sub-

mission to the legislature. This

means about 292;000 good signa-

tures,

Mime Troupe

(Continued)

Continued from Page 1-

`deliberations on a new set of

regulations which, while much

less restrictive than the set

drafted two weeks previously,

still contained objectionable

clauses such as allowing perfor-.

mances only in certain desig-

nated parks not representative

of the park system as a whole

and not congenial for the per-

formance of plays, and a delega-

tion of complete discretion to the

general manager to grant or

deny permits with no standards

for his actions. ACLU attorneys

urged that these regulations not

be adopted but that time be

given for study and proposal of

amendments. Finally this sen-

timent prevailed and by a 3-2

vote (with 2 abstentions) the

Mime Troupe was granted a per-

mit to perform in the parks they

desired until the next meeting

of the Commission on July 28.

The matter will come before

Judge Karesh again July 29 in

_ease the Commission remains ob-

structive.

The first right of a citizen

Is the right

To be responsible

JOIN: TODAY

p 151

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

Patron Membership Se 1D

Sustaining Membership . 1. os wee ee we ee

Business and Professional Membership .......esce+s8

Family Membership

Associate Membersitip 0. 2 sccccc ccc secs esse ees

eooeeoweeeeevee0e 6 0 and and (c) and 6 @ @ BO!

50.

29

14

10

Annual Membership. . ca cs ssw so ce ins ws oe ce wee 7

Student Membership = 2.53... oa cs

AGEU News Subscription o..... 3. 33.35 os cee Oe

NAME.

COOOHHO SHS HOHCHHHOHOHHHSHOHHHHSHOHROSHHSSEHHELC OH EESHAHHEHHLOED

ADDRESS. 6 i. svc ccc cbc pects ose cles cae 60s secs eds cccs ee eecs

TELEPHONE NUMBER......cccccecosss

AMT. ENCLOSED... .ecccce

503 Market Street

San Francisco, 94105: