vol. 13, no. 3

American

Civil Liberties

- Union-News

Free Press

"Eternal vigilance is the price of liberty."

Vol. XI

SAN FRANCISCO, MARCH, 1948

No. 3

Un-American Activities

Comm. Held Constitutional

Two challenges to the constitutionality of the

House Un-American Activities Committee failed

last month. One was raised a year ago by Leon

Josephson, attorney and alleged Communist, who

refused to testify before the Committee, and the

other by ten Hollywood screen-writers who re-

fused last October to answer questions about

their membership in the Communist Party and

the Screen Writers Guild. The U. S. Supreme

Court last month with three justices dissenting

declined to review Mr. Josephson's conviction for

contempt sustained by the N. Y. Circuit Court,

two to one. Mr. Josephson will serve a year sen-

tence. Simultaneously the District Court for the

District of Columbia declined on the same ground

to set aside the conviction of the Hollywood

writers.

Justice Charles E. Clark, dissenting in the Cir-

cuit Court of Appeals decision in the Josephson

case, held that the "Thomas Committee' was in

violation of constitutional freedoms, because of

the vagueness of its legislative mandate. Appar-

ently the minority of the Supreme Court agreed

with Justice Clark that investigation of `"un-

American" or "subversive" activity would tend to

suppress freedom of opinion unless strictly de-

ACLU Backs Murray in Taft-

Hartley Law Test Case

The American Civil Liberties Union announced

last month that it had offered its services to

Philip Murray and the CIO in defending, in the

test case brought by the Government under the

Taft-Hartley act, the right of labor unions to

express political opinions and take part in political

campaigns. Roger N. Baldwin, director of the

Union, made the offer to Mr. Murray in a letter.

The CIO had expressed interest in support of its

position by disinterested agencies.

The ACLU had urged President Truman to veto

the Taft-Hartley bill last spring on the ground,

- among others, that the political rights of labor

were violated. The ban on contributions to political

campaigns was held to be "indefensible from the

point of view of civil liberties." The ACLU pointed

out that unions are discriminated against as com-

pared to employers' associations, such as the U. S.

Chamber of Commerce. ``The comparison is be-

tween such groups and unions, and not with cor-

porations which are profit-making organizations."

Alleged `Jim Crow' Practices in

Imperial Valley Under Investigation

The Civil Liberties Union was informed late last

month that Negro school children are segregated

in the elementary schools but not the high school

in Imperial, Imperial county, California, and that

both Negro and Mexican students are segregated

in the nearby town of El Centro, the county seat.

The last session of the California Legislature

repealed sections of the School Code which per-

mitted segregation of Indians and "children of

Chinese, Japanese or Mongolian parentage." The

_ law never did allow segregation of Negro school

children. Recently, the federal courts enjoined

Southern California schools from segregating

children of Mexican ancestry.

The Union was also informed that the local

branch of the National Association for the Ad-

vancement of Colored People has been denied the

right to meet in the Imperial public schools. Under

California's Civic Center Act schoolhouses have

been dedicated for free speech purposes and all

persons and groups, irrespective of race, color,

and political or economic views are entitled to hold

meetings in such schoolhouses.

The complaints have been referred to the South-

ern California branch of the A. C. L. U.

Justice Carter Scheduled to Hold Hearing

In Elsa Gidlow Case in Fairfax on March 19

Elsa Gidlow, who, on July 11, 1947, was ousted

from her non-paid job on the Fairfax City Plan-

ning Commission until such time as she disproved

charges ot Communism and un-American activi-

tues, will finally get a hearing on March 19, if that.

date is acceptanie to Calitornia Supreme Court

Justice Jesse Carter who months ago accepted the

Council's invitation to hear the matter. At least,

that was the action taken at a Council meeting on

-H'epruary 13 over the objections and the vote otf*

Councliman Leslie Grosbauer, the Council's "one-

man Committee on Un-American Activities', who

was responsible for the ouster.

The Councii voted 4 to 1 in favor of the hearing

after attorney Morse Erskine, counsel for Miss

Gidlow, demanded that the Council fulfill its

promise to give Miss Gidlow the long postponed

hearing.

Councilman Grosbauer interposed his usual

inanities. First, he suggested that Mr. Erskine

secure a copy of the Uakland hearings of the

`'enney Committee. "You and your brother are

named in it,' said he. Then he charged that Mr.

Erskine's brother "attends Communist functions."

Mr. Erskine sought to return to the business at

hand, only to be interrupted by Grosbauer's bum-

bling statement,-"I think you are getting the

horse before the cart, Mr. Erskine." Later, Gros-

bauer fished from his pocket a paper which he

said contained evidence that his fellow council-

man, attorney John Rockwell, had spoken at a

Communist meeting. He declined to read the paper,

but wiilingly declared he had gotten the evidence

from the pages of the Communist Peoples' World.

He promised `a second (Tenney) .hearing" for

Fairfax, and added coyly that he was not saying

when.

If Councilman Grosbauer did not take himself

so seriously he would know by this time that he

had blundered badly. Months ago he promised to

present his evidence against Miss Gidlow at any

nearing she was granted by the Council, but it

seems likely he'll be suttering a bad case of cold

teet when March 19 rolls around, In fact, he stated'

definitely he will not attend any hearing "until the

`enney report comes in." What Mr. Grosbauer

seems unaole or unwilling to understand is that

the "report" will contain merely a statement of -

the eviaence adduced at the hearings and no rec-

ommendations to the Council. Moreover, that

hearing disclosed quite clearly that Miss Gidlow ~

is opposed. to both Fascist and Communist totali-

tarlanism and that she is not engaged in "un-

American activities."

It is interesting to note that Councilmen Wells

and Campbell, who had previously supported Gros-

bauer, finally joined Councilman Kockwell and

May Hax. Compiained Grosbauer to his former -

henchmen, "I thought you were going to wait until

you received the Tenney report." Answered Mayor -

Campbell with finality, "I've been waiting seven

months for it."

Some of the change of heart may, no doubt, be

attributed to the councilmanic election scheduled _

tor April 13, in which Wells and Campbell are re-

ported ready to stand for reelection. Grosbauer

says he won't run again, but when March 4, the

tinal filing date, expires, the chances are that all

three heresy hunters will be trying for reelection.

S. F. District Attorney Orders

Re-Trial in `Furia' Case

District Attorney Edmund Brown of San Fran-.

cisco has ordered a re-trial in the "Furia" case,

but, as we go to press, no trial date has been set.

The District Attorney agreed that he would be

placing himself in the position of a censor if a

deal were made with the exhibitor whereby the

prosecution would be dropped if the film were ~

exhibited only to adults.

Last month, a Superior Court jury was dis-

charged after standing 9 to 3 for convicting Henry

Pincus, manager of the Larkin Theatre, who was

charged with contributing to the delinquency of

two minors who attended one of the showings of

the Italian film. The jury first voted 6 to 5 for

acquittal, with one juror undecided.

The trial took about two court days, including

the showing of the picture and the selection of

the jury. The only witnesses were the arresting

officers, the defendant and the two boys who were

credited by spectators with doing a well coached

job. One of the boys testified that the picture

could "contribute to immortality." The court per-

mitted no experts or others to give their opinions

about the picture. Unfortunately, counsel for the

accused left much to be desired as a trial lawyer.

A group of ACLU representatives saw the pic-

ture in San Francisco and found it neither ob-

scene nor potentially contributing to the delin-

quency of minors. Incidentally, the picture was

being shown without any difficulty in New York

City last month, even though it was recently added

to the forbidden list of the Roman Catholic Le-

gion of Decency.

CIVIL LIBERTIES BROADCASTS

The Mutual network will present half hour

dramatizations of the report of the President's

Committee on Civil Rights, "To Secure These

Rights," on March 2, 9 and 16 at 7 P. M., Pacific

Standard Time, over Station KFRC.

Oklahoma Law School Remains

White, for the Present

Hope that Mrs. Ada Lois Sipuel Fisher would

be able to enter the University of Oklahoma Law

School during the present term, despite the color |

bar imposed by the State Constitution, was dashed

last month when the U. S. Supreme Court refused

to order her admission-

Her long legal fight to break the segregation

barrier, supported by the National Association of

Colored Peaple and the ACLU, appeared near

success last month when the Supreme Court or-

dered the state immediately to provide facilities

for a legal education equal to those available to

white applicants. State authorities responded by

establishing a Negro "law school" consisting ap-

parently of three professors and Mrs. Fisher. Sic.

refused to accept this as "equal" opportunity, and

appealed once more to the Supreme Court. It wa.

hoped that the Court would pass on the con.

tional question that segregation is itself a viola-

tion of the Constitution. But the Court, with only

Justice Rutledge dissenting, refused to take action,

on the technical grounds that the case was now

back in the state court and the issue had not been

properly presented.

American Legion Post Asks `Loyalty

Check' of S. F. Civil Service Workers

The Golden Gate Post of the American Legion

last month adopted a resolution asking that San

Francisco Civil Service employees be screened for

membership in the Communist Party "or any

other subversive group." -

The resolution further asked that steps be taken

by the Civil Service Commission to determine if

such persons may be barred from city employ-

ment, and if probationary employes with such

membership might be removed.

Free Speech

Free Assemblage -

Page 2

AMERICAN CIVIL LIBERTIES UNION NEWS

U. S. Supreme Court Dodges

Issues of Polygamy Advocacy

Whether or not advocacy of polygamy is pro-

tected as freedom of speech was not decided by

the U. S. Supreme Court in reversing a conviction

of Utah Mormons last month. The ACLU had

supported the appeal of Joseph White Musser

and others from a decision of the Utah Supreme

Court holding them guilty of conspiring ``to com-

- mit acts injurious to public morals" in advocating

polygamy. In its brief the ACLU had argued that

to prosecute for expressions of Opinion was a.

violation of freedom of speech. The high court

merely sent the case back to the Utah court to.

determine whether the conspiracy statute is not,

- too vague and indefinite to provide "reasonable

standards of guilt'.

A dissenting opinion, written by Justice Rut-

ledge and concurred in by Justices Douglas and.

Murphy, largely supported the ACLU position

`It is axiomatic," they declared, "that a demo-

cratic state may not deny its citizens the right to

criticize existing laws and urge that they be

changed.' Advocacy of polygamy should be al-

lowed, even though incitement to violations of the

law might be punishable. ``Eiven the state's power

to punish incitement may vary with the nature of

the speech, whether persuasive or coercive, the

nature of the wrong induced, whether violent or

mereiy offensive to the mores, and the degree of

probability that the substantive evil actually will

result."

What Dr. Holmes Said in India

That Barred Him from Japan

The barring of Dr. John Haynes Holmes, chair-

man of the Board of the ACLU, from Japan, de-

spite an invitation from General MacArthur, was "

the subject of further representations to Wash-

ington by the Union last month. It was learned

from the War Department that it had held up

Dr. Holmes' military permit on the basis of a

report submitted through State Department

channels, that Dr. Holmes had been critical of

certain domestic and foreign policies of the United

States during his lecture tour in India. The ACLU

. wrote Secretary of State Marshall questioning

"the propriety of transmitting such information

_ to another department for action without review

by top-level officials."'

The letter stated that Dr. Holmes' reported

opinions are only those "frequently voiced by

American liberals critical of some phases of our

democracy." It continued: "The points selected

for report, lifted out of their context, dealt with

status of the Negro, the use of the atomic bomb,

the inefficiencies of capitalism in distribution, the

appointment of military men to high civilian

posts, and the influence of men with Wall Street

backgrounds on foreign policy. These we submit

are entirely legitimate subjects for comment by

an American citizen at home or abroad."

Executive Committee

American Civil Liberties Union

of Northern California _

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

Vice-Chairman

Joseph S. Thompson

Frater rieacurer

Ernest Besig

Director

Philip Adams

John H. Brill

Prof. James R. Caldwell

H, C. Carrasco

Wayne M. Collins |

Rev. Oscar F. Green

Margaret C. Hayes

Prof. Ernest R. Hilgard

Ruth Kingman

Ralph N. Kleps

Dr, Edgar A. Lowther

Seaton W. Manning

Mrs. Bruce Porter

Clarence E. Rust

Rabbi Irving F. Reichert

Prof. Laurence Sears

Dr. Howard Thurman

Kathleen Drew Tolman

Sectarian Religious Practices in San Francisco

Schools Discussed by ACLU and Superintendent

At the request of the Executive Committee of

the ACLU of Northern California, the San Fran-

cisco Superintendent of Schools conducted a sur-

vey in December, 1946, to ascertain the religious

practices in the city's schools. A questionnaire was

prepared and sent to all of the school principals

by A. D. Graves, Associate Superintendent. In-

formation was received from 74 of the 103 schools

in the San Francisco school system.

~ The survey disclosed that a variety of prayers

are used in 53 of the schools which reported, par-

ticularly in the kindergarten and the first grade.

In the Kate Kennedy School, prayers are used up

to and including the low fourth grade. No regula-

tions of any kind govern the selection or use of

such prayers. The matter is not mentioned in the

school curriculum, and, until the survey was com-

pleted, the Superintendent's office was uninformed

as to the practices in the various schools.

Included among the religious songs sung in the

schools are "Onward Christian Soldiers," ``Christ

the Lord is Risen," "Jesus Loves Me," "Bless the

Lord," "When in Deep Distress I Stand," etc.

At one school "The Lord's Prayer'' is recited,

while at another there is an undisclosed morning

prayer after flag salute each day. One principal

wrote that they make "Reference to God and His

Commandments," while in another school Re-

ligious Book Week was observed with an assembly

attended by a couple of ministers who gave talks.

There is said to be a "discussion of comparative

religions" in one sixth grade and the use of Bible

stories in another school. Emerson Schoee listed a

"Talk by lay coworker accompanying Mother

Felix from Church of St. Benedict the Moor in

our district urging children of that faith to attend

Sunday school."

The Christmas season finds a varying religious

emphasis in the different schools. George Wash-

ington High School is particularly noted for its

elaborate religious program that has aroused the

opposition of at least one religious faith, but ever

since the Union raised a question concerning re-

ligious practices in the schools, attendance has

been placed on a voluntary basis. The same school

provides for Senior Church attendance. Its prin-

cipal has been quoted as saying that faculty non-

believers will not be tolerated in the school.

Because of the change in Superintendents in the

San Francisco school system, consideration of the

various questions raised by the survey has been

delayed. On January 13, however, the Union's

director discussed the matter with Supt. Herbert

C. Clish and his legal advisor, Mr. Irving Breyer.

In a letter dated February 3 ,the Union's direc-

tor wrote to Mr. Clish, "...

tion that the `establishment of religion' clause of

the First Amendment, involving the doctrine of

. separation of Church and State, forbids a State

from supporting any religious activities. As au-

thority for that position, I rely on the decision of

the U. S. Supreme Court, handed down February

10, 1947, in the case of Everson v. Board of Edu-

cation. In the prevailing opinion, the one

language appears:

"The `establishment of religion' clause of the

First Amendment means at least this: Neither a

state nor the Federal Government can set up a

church. Neither can pass laws which aid one re-

ligion, aid all religions, or prefer one religion over

another. Neither can force nor influence a person

to go to or remain away from church against his

will or force him to profess a belief or disbelief

in any religion. No person can be punished for

entertaining or professing religious beliefs or dis-

beliefs, for church attendance or non-attendance.

No tax in any amount, large or small, can be levied

to support any religious activities or institutions,

whatever they may be called, or whatever form

they may adopt to teach or practice religion.

Neither a state nor the Federal Government can,

openly or secretly, participate in the affairs of

any religious organizations or groups and vice

versa. In the words of Jefferson, the clause

against establishment of religion by law was in-

tended to erect `a wall of separation between

Church and State.' "

"IT am hopeful," said the letter, "that this sub-

ject will be further clarified in the Champaign,

Illinois, case, now pending before the U. S. Supreme

Court, involving the matter of using school build-

ings for religious instruction on so-called released

school time. A decision in that case will undoubt-

edly be handed down in the near future."

"However," the letter went on to say, "this

matter is not only controlled by the U. S. Consti-

tution but also by our State Constitution and laws

which forbid sectarian and denominational prac-

it is my own convic-.

tices in the public schools. Judged by State re-

quirements alone, there is a serious question in

our minds whether some of the existing practices,

which apparently developed without plan or cen--

tral guidance, do not venture beyond the limita-

tions of the law. This situation could possibly be

ameliorated somewhat by establishing the follow-

ing program:

1. Placing participation in all religious prac-

tices by students and teachers on a voluntary

basis.

2. Setting up a committee of school principals

responsible to the Superintendent to examine ex-

isting practices for the purpose of weeding out

those practices that are clearly beyond authority

of State law.

3. Establishing a standing committee of school

principals responsible to the Superintendent to

which future problems of religious practices may

be referred from time to time as occasion arises

for examination and recommendation."

Dr. Clish, under date of BODen ary 20, 1948, re-

sponded as follows:

"This will serve to Fobnouicds your letter of:

February 3, 1948 in which you refer to the dis-

cussion on January 13 at which you, Mr. Breve

and I were present.

"So far as the legal interpretations are con-

cerned, of course, I shall be the very first to admit

that I'do not consider myself competent in this

area, and must rely upon the advice of our legal

~ adviser, Mr. Breyer. Naturally, as an educator,

I do not want the public schools to ever violate

the laws of our national government, or state. In

so far as the program which you suggest is con-

cerned, I would react as follows:

1. From the very beginning I have stated that

participation in all religious practices by students

and teachers should be on a strictly voluntary

basis. If a student or teacher does not wish to

participate in any religious practice (and here we

are agreeing, I am sure, that it is on a non-

sectarian basis) I would not expect them to do so.

By the same token I would expect that nothing

would be done which would gerd the practice

of the others.

2. Since I have already disciineed the matter

of existing practices with the school principals,

and have gone into it in detail with them, it would

be a simple matter to have a committee repre-

senting the group pass upon these matters and

report to the superintendent. I would, of course, (c)

expect that Mr. Breyer would serve as a consult-

ant to the committee. In addition, I would un-

doubtedly also have some member of my head-

quarters staff serving on the committee.

3- There would be no reason why such a com-

mittee as proposed in No. 3 would not be estab-

lished. I would not, however, have the same mem-

bers continue to serve year after year, believing

that membership on a committee should be rotated

among the various staff members. In addition

thereto, I would undoubtedly, under both points

2 and 3 have classroom teachers represented on

the committees, because I feel they are much

closer to the actual situation than even the build-

ing principal,

"After I have returned from my trip to the East

I shall go into this matter carefully."

The following postscript was added: "I have

still been unable to find to my own satisfaction

any example in our schools where it could be

charged that actual sectarian religious exercises

were being conducted, or that any pupil or teacher

was being forced to participate against their will."

New Steps Taken to Secure Return

To Peru of Kidnapped Japanese

Last month, the U.N. Economic and Social

Council was asked to use its influence in secur-

ing the return to Peru of 293 Peruvian Japanese .

detained here since 1943. These unfortunate peo-

ple were brought to the U. S. by our Army and

interned as dangerous enemy aliens. Later the

State Department determined they were not dan-

gerous to hemispheric security, but Peru has thus -

far refused to allow their return. The Immigra-

tion Service dropped an attempt to deport the

group to Japan after test suits were filed in the

U.S. District Court.

In the meantime, President Truman was re-

quested to break diplomatic relations with Peru

in order to pressure that government into accept-

ing the Japanese. The letters were written by

Wayne M. Collins of San Francisco, attorney for

the group.

AMERICAN CIVIL LIBERTIES UNION NEWS

Page 3

Army Accepts New Jersey's

Banning of `Jim Crow' Guard

The Secretary of the Army, Kenneth C. Royall,

decided last month to recognize New Jersey's

Constitution which prohibits segregation in the

National Guard. In a letter to Gov. Alfred E.

Driscoll, Secretary Royall declared: "I have noted

the tact that the people of New Jersey by direct

majority vote have ae in their Constitution

that `no person shail . be segregated in the

militia because of race, color wo. While the

authority to determine `all questions relating to

the HKederaiiy recognized National Guard must

necessarily be exercised by the Department of the

Army, yet I recognize the importance to a sover-

eign state of a constitutional provision such as

yours, and I have determined that for the present,

Army militia units of New Jersey, if otherwise

qualified, will not be denied Federal recognition

on the ground of non-segregation."'

The issue arose when Col. E. G. Wolf, chief of

staff of the 50th Armored Division of the Guard,

sent an order to ali unit commanders of the guard

to continue to segregate Negroes, Col. Wolt's in-

structions had ee come from the War

Department.

Governor Driscoll at once issued orders to Maj.

Gen. Clifford R. Powell, chief of staff to the Gov-

ernor, to observe the state constitution, and re-

quested an explanation from Secretary Royall, to

which the foregoing was a response.

On February 2, 1948, President Truman, in his

Civil Rights message to Congress declared: "I

have instructed the Secretary of Defense to take

steps to have the remaining instances of discrim-

ination in the armed services eliminated as rapidly.

as possible."'

Secretary Royall's letter to Governor Driscoll

also declared that subject to the constitutional

exception in New Jersey, the regular Army's

segregation policy "will also be effective for the

Federally recognized civilian components of the

Army." This statement is at variance with one

which Secretary Royall made to Ernest Besig,

local director of the ACLU, in a letter dated Sep-

tember 26, 1947. At that time, the Secretary de-

clared, ""You are correct in your contention that

this is a matter for each State to determine for

itself. The Department of the Army has jurisdic-

tion only when and if the State unit is called to

federal duty, as in times of national emergency."

Clarification of this matter is being sought from

the President, the Secretary of Defense and Sec-

retary Royall. The local ACLU has been inter-

ested in this matter ever since Beckford Domin-

guez of Loomis, California, was discharged from

the Loomis contingent of the Guard on the ground

that a Negro may not serve with a white unit.

`Nation' Magazine Banned from

Newark, N. J. School Libraries

The Committee on Academic Freedom of the

_American Civil Liberties Union last month vainly

urged the Board of Education of Newark, New

Jersey, at a public hearing, to reconsider the ac-

tion of the superintendent of schools in dropping

"the Nation" from high school libraries because

of criticism of a series of articles assailing Catho-

lic social policies. The Board sustained the super-

intendent. Prof. J. M. O'Neill of Brooklyn College,

chairman of the committee, wrote the Board that

the superintendent of schools was within his

rights in removing the publication but that his

action was "unwise" and set a "dangerous prece-

dent," in yielding to pressure from critical groups.

"The idea that school libraries should contain

only reading matter to which no substantial group

objects might well follow such a.surrender as

this," declared the Committee. "It is in line with

the unfortunate action of some school authorities

in yielding to pressure to remove `The Merchant

of Venice' from literature courses because of ob-

jections by Jews; and of other authorities to re-

move `Uncle Tom's Cabin' because of objections

by Negroes. The incident in Newark is in line with

that tendency which we regard as contrary to

American principles of free inquiry into all

points-of-view."

The Committee stated that it "did not regard

this action as a violation of academic freedom or

civil liberties', since "educational officers alone

should have the discretion to determine reading

matter in school libraries."'

Membership At New High

The local ACLU membership reached a new

high last month with 1278 members in good

standing. In addition, there were 234 separate

subscribers to the "News," thus giving the Union

a paid mailing list of 1512, which is also a new

record.

S. F. Immigration Service Continues

imprisonment of Alien it Cannot Deport

The Immigration Service in San Francisco has

aetainea one Solisiava Magdilovsky tor 4%

months. ihe Service can't deport Miss Magdilov-

SKY; yel, 11 won't reiease her, and, tor about four

mMonius, 1t retused ner volunvary departure Irom

ime United States.

Miss Magdilovsky arrived from Shanghai last

July On a transit visa to Chue that expired on

wepremiper 16. She overstayed her visa in order

Lo meet a U. S. Army Captain wno was arriving

110 Onangnal en route to Nevada and a "quickie"

uivorce, and, Iinaly, Marriage to Miss Migdalov-

sky. An immigration mnspecvor assured her she

would not have to apply tor an extension of her

transit visa since she was planning to leave soon

alter ner Llancee arrived. instead, there was not

tne customary delay, but Miss Migdalovsky was

picked up ana has been held without ball since

Uctober 13, 1yen4/. `Lhe captain mysteriously dis-

appeared around the midae ot December, but not

berore touching Miss Migdalovsky tor $YUU to

Iinance his divorce.

Miss Migdalovsky got in touch with the Union

and in ten days the immigration Service finally

agreed to allow her to leave for Chile, For some

unknown reason, however, Miss Migdalovsky is

regarded as a dangerous character, and her depar-

ture was ordered `"`under security measures'.

Unfortunately, Miss Migdalovsky's Cniiean visa

expires Ol March ZU, Consequently, Decause OL ner

long detenuon, 1l would ve necessary Lor her to

uly vO Chue i order to arrive on time, Lnat would |

mean ali expenditure Oo: around p1uuu or Miss

Mugdalovskys GWindlng .unds. Lravel arrange-

ments Were Starved NUL NEN ON fevruary 10 MISS

MigdalovsKhy Changed ner mind. Sne would not go

to Une.

The deporiation warrant cannot be executed

because tue alien S passport Maue No provision Lor

ner reeNury into that coulury, and since sne was

not Norn i Unina that cOunury 1S unaer no onlga-

tlon to take ner DacK, U1 COUrse, LNe State Vepar-

ment, be.ore granting ner a transit visa, could

have required a Condiuon in tne passport that the

alien Would be reaccepted py Unina in the event

she faliea to 1eave tne United States. bul, now, the

blunder uas peen Comuited;.the auen cannot pe

deportea ana sne cannot be compelled to go to

Chile.

`Lhe Immigration Service cannot punish Miss

Migaalovsky oy iIndelinitely noiding her a pris-

oner. Jn Lact, under the law, She can be held with-

out bali only lt tnere is an immediate prospect of

deportation. `ne Union has requestea that Miss

Migdaiovsky ve released on bond and the local

Immigration Service has asked its central office

in Phuadelphia for instructions.

FBI Chief Submits Figures

On Federal `Loyalty' Check

Last month, Newspaperman Victor Riesel ques-

tioned FBI Chief Edgar Hoover about his agency's

"security and loyalty work." Here are some of

Mr. Hoover's statements as reported by Mr.

Riesel:

"During the war years, we handled a total of

6296 cases under the Hatch Act, which dealt with

subversive activity,' Hoover replied, revealing

unpublished figures. "In 109 cases, the govern-

ment employee was discharged. In 32 cases, he

resigned during the course of the investigation.

There was some form of administrative action in

78 cases, while in 5891 cases the employee was

no longer with the government, the complaints

were unfounded or the employing agency decided

that no action should be taken. There are 190

cases pending."

I then put the question which has been bother-

ing some labor people: Is there any basis for the

accusation that the FBI is conducting a witch

hunt? Hoover replied:

"To date we have returned 330,775 re

loyalty forms marked `no disloyal data,' while we

have initiated a total of 359 investigations," he

disclosed. "In the first 40 investigations com-

pleted, 21 federal employees resigned during the

investigation, two were found no longer employed

and four cases are presently under consideration

by the employing agency, while we obtained the

facts which conclusively established the loyalty

of the remaining federal employees.

"To date not a single case has been referred to

the Civil Service Loyalty Review Board for de-

cision."

Constitutionality of -

Ant-Lynch Law Defended

The power of Congress to enact anti-lynching

legislation, as recommended by President Truman

in his civil rights message, was argued by attor-

neys for the ACLU in Congressional hearings on

the Wagner-Morse-Case bill last month. Osmond

Fraenkel of the New York bar and Carl Bereuffy

of the Wastunecon bar appeared on behalf oe the

Union.

In a memorandum on the constitutional ques-

tion prepared for the hearing Mr. Fraenkel con-

tended that "Congress has power to deal with

private individuals whenever in its opinion it is

necessary to do so to safeguard a right guaran-

teed by the federal constitution. He asserted that

the right to a fair trial, which is denied by a lynch

mob, is guaranteed under the 14th amendment

assuring "due process of law'', and the "equal

protection of the laws". Though the 14th amend-

ment seems to prohibit only state action, Congress

may still legislate to punish violations of rights,

whether due to state officials or private in-

dividuals.

Mr. Fraenkel concluded by urging that Ameri-

can treaty obligations under the covenant of the

United Nations not only permitted but required

Congress to end the lynch evil, which serves to

"intimidate a whole minority group".

Bill to List Reds As `Foreign

Agents' Would Be Invalid

Arthur Garfield Hays, and Morris L. Ernst,

ACU counsel, testified last month before a sub-

committee of the House Un-American Activities

Committee in opposition to legislation aimed at

the Communist movement. They argued that to

outlaw the Communist party as subversive or to

require Communists to register as agents of a

foreign government would be unconstitutional,

since Congress would be assuming a judicial func-

tion in finding that Communists were in fact SS

versive or foreign agents.

Mr. Hays, appearing for the ACLU, in his testi-

mony declared that the proposed measures were (c)

bills of attainder, passing judgments on people by

legislative fiat rather than judicial process. He

cited a number of court decisions which held there

was no proof that the Communist Party advocated

forceful overthrow of the government. He de-~

clared that no new legislation is necessary, since

under existing laws Communists could be prose-.

cuted if they were in fact seeking to overthrow

the government, or were in fact foreign agents

who had failed to register as such. Moreover, any

attempt to suppress them would merely drive

them underground, make martyrs of them, and

add to their influence.

"This kind of legislation,' said Mr. Hays,

"would be futile. ... It seems to me to be wholly

un-American, indicates lack of faith i in our institu-

tions, would arouse fear and timidity, and invite

attacks upon sincere liberal thought... . It is

about time our legislators realized that the Ameri-

can people are to be trusted and need no laws to

save them from bad propaganda or bad thinking.

. I think this committee has done more to build

up the Communists than anyone else in the last

ten years, and I regret it."

Mr. Ernst speaking in an un-official capacity,

also opposed suppression, and attacked the Mundt

Bill requiring registration of Communists as for-

eign agents, but proposed, in line with the recom-

mendation of the President's Committee on Civil

Rights, that all groups attempting to influence

public opinion be required to disclose pertinent

facts about themselves and their backers through

registration.

EQUALITY OF SEXES IN

IMMIGRATION URGED BY UNION

Support was given by the ACLU February 4 to

House legislation intended to equalize the rights

of men and women aliens in obtaining immigration

preferences if they are married to American citi-

zens. Attorney William B. Gurock testified on be-

half of the Union in hearings before a House sub-

committee on Immigration and Naturalization.

He held that the present discrimination against

women. citizens was unfair.

Under the new law, which is expected to pass,

American women whose husbands are aliens will

no longer have to wait for years before their hus-

bands can join them, but will be able to get the

same preference for their husbands as American

men with alien wives.

Page 4

AMERICAN CIVIL LIBERTIES UNION NEWS

American Civil Liberties Union-News

Published monthly at 461 Market St., San Francisco dD;

Calif., by the American Civil Liberties Union

of Northern California. :

Phone: EXbrook 2-3255

WRINEIG BHSIG 3. ee Editor

Entered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879

Subscription Rates-One Dollar a Year.

Ten Cents per Copy -151

Plan Campaign for President's

Civil Rights Program

The efforts of more than a score of civic groups

to secure favorable action on President's Truman's

civil rights recommendations are being concerted

and coordinated following a conference heid in

New York last month on the initiative of `the

ACLU and presided over by Roger N. Baldwin,

Director. It was agreed that a nation-wide cam-

paign should be pressed on behalf of the proposals

to establish a permanent civil rights commission,

and to strengthen the machinery for enforcing

civil rights in the Department of Justice.

The representatives of the participating or-

ganizations also agreed that immediate support

throughout `the country must be marshalled to

assure favorable action on bills now before Con-

gress for a permanent FEPC against lynching and

against poll tax requirements in federal elections.

Other important measures in the President's pro-

gram now before Congress or in preparation are

concerned with abolishing racial discrimination

in immigration, meeting Japanese evacuation

claims and attacking segregation policies. -

Cooperating with the Union in concerting the

civil rights drive is the Commission on Law and

Social Action of the American Jewish Congress.

Among other organizations concerned with special

measures are the National Association for the

Advancement of Colored People, the Japanese

American Citizens League, the American Veter-

ans Committee, the Council Against Intolerance,

and the Workers Defense League.

A permanent coordinating committee was set

up to carry forward the recommendations of the

conference.

ACLU Opposes Editorializing

By Radio Stations

Announcing its support of the present FCC rule

that bars expression of editorial opinions on con-

troversial matters by the owners of broadcasting

- facilities, the ACLU determined last month as a

matter of policy that freedom of speech is better

served by requiring radio stations to present

varying points of view than by permitting them

to voice their own opinions. A memorandum was

submitted to the FCC by the Radio Committee of

the ACLU, under the chairmanship of Thomas

Carskadon, James Lawrence Fly, member of the

Committee and former chairman of the FCC, will

testify at the Commission hearings on this policy.

"The individual broadcaster," stated the memo-

randum, "is not free to speak his mind to the

exclusion of others through the medium of broad-

casting and over a station which he operates

through temporary and conditional possession of

a license. So to do would impinge on the collec-

tive interests of the listening public, whose free-

dom to hear all points of view is thereby cur-

tailed or eliminated."

The ACLU memorandum argues that the essen-

tial difference between radio and the press, due to

the limited wave lengths available for broadcast-

ing, has not been materially altered by the advent

of frequency modulation with its greater number

of frequencies. "The difference in terms of access

to the people, between networks and local stations,

the difference between high power and low power

stations, and similar conditions peculiar to radio

are likely to obtain for years to come."

At the same time, the Union emphasized, radio

should play "an integral and important part in the

public discussion of controversial issues."'

lowa CLU Defends Right to Protest

Russell Coppock, Pacific Junction, Iowa, high

school teacher, was convicted with five other men

last October of "violent and tumultuous assem-

bly" when they protested an order given by the

mayor to a Negro transient to leave town within

an hour. They charged the mayor with racial

prejudice. The Iowa Civil Liberties Union, under

the leadership of Rev. Grant A. Butler of Des

Moines, has taken the initiative in arousing public

opinion in support of Mr. Coppock's appeal, now

pending in Council Bluffs.

Samuel Adams: Let us remember that if we

suffer tamely a lawless attack mnon our Tihertv.

We encourage it, a:

President Truman's Ten-Point Civil Rights -

Legislative Program Supported by A. C. L. U.

President Truman's message to Congress last

month, setting forth a legislative program to

strengthen civil rights in the United States, met

with "warmest commendation" from the ACLU.

In a letter to the President, Dr. John Haynes

Holmes, chairman of the Board, and Roger W.

Baldwin, director, expressed their "satisfaction in

so complete an endorsement of the report of your

committee."

The President urged that the Congress enact

legislation at this session directed toward the

fouowing specific objectives:

1. Kistablishing a permanent Commission on

Civil Rights, a Jomt Congressional Committee on

Civil Rights, and a Civil Rights Division in the

Department of Justice.

z. Strengthening existing civil rights statutes.

3. Providing Federal protection against lynch-

ing.

a Protecting more adequately the right to

vote. :

5. Establishing a Fair Employment Practice

Commission to prevent unfair discrimination in

employment.

6. Prohibiting discrimination in

transportation facilities.

7. Providing home-rule and suffrage in Presi-

dential elections for residents of the District of

Columbia.

8. Providing Statehood for Hawaii and Alaska

and a greater measure of self-government for our

island possessions.

9. Hiqualizing the opportunities for residents

interstate

of the United States to become naturalized citizens.

10. Settling the evacuation claims of Japanese-

Americans.

A signiticant omission was the Committee's rec-

ommendation that groups attempting to influence

public opinion be required to disclose to public

authorities their backing and sources of tunds.

This was the only provision in the Committee's

recommendations not endorsed by the ACLU. An-

other omission was the recommendation to re-

move from Navy Department rule, the U.S: Pacific.

island possessions.

`the many recommendations in the President's

message concerned with lessening discrimination

against Negroes were widely hailed by liberals,

while arousing violent opposition from Southern-

ers. Only with regard to ending discrimination in

Washington did the President take a more cautious

stand than his committee; he urged that home

rule for the people of the District of Columbia

be first granted. "They themselves can then deal

with the imequalities arising from segregation in

the schoois and other public facilities, and from

racial barriers to places of public accommodation

which now exist for one third of the District's

population. . . . Failing local corrective action in

the near future, the Congress should enact a

model civil rights law for the Nation's Capital."

It is understood that Attorney General Tom C.

Clark will shortly call a conference in Washington

of the national agencies and government officials

concerned with carrying out the President's rec-

ommendations:

Urge Bi-Partisan Support

For Civil Rights Program

The ACLU last month urged Republican and

Democratic leaders in Congress to "forego at-

tempts at partisan advantage" in backing the

President's civil rights recommendations. Call-

ing the campaign tor Civil Liberties at home a

"domestic Marshall Plan to vitalize the forces of

freedom against the world-wide challenge of to-

talitarianism," the ACLU stressed the need for

bi-partisan action to achieve goals to which both

parties are pledged. ;

The plea for united action was contained in a

letter addressed to majority and minority leaders

in both houses of Congress, and signed by Pro-

fessor Edward A. Ross, National Committee

chairman; Rev. John Haynes Holmes, Board

chairman, and Roger N. Baldwin, director of the

Union.

The letter cited recent statements of Carroll

Reece, Republican National Chairman, to the ef-

fect that the Republican Party had always been

a champion of Civil Liberties and was now sup-

porting anti-lynching, anti-poll tax and anti-dis-

crimination measures recommended by the Presi-

dent. "The spokesmen of both major parties are

thus committed to the strengthening of Civil

Liberties."

"(We do not believe," continued the letter, "that

the opposition to the President's program voiced

by some members of Congress represent the true

spirit of most Americans even in their own dis-

tricts."'

Longo, Hague Victim,

Wins 4-Year Fight

John R- Longo,' whose four-year battle in the

courts against a conviction for fraud growing out

of his opposition to the Hague machine in Jersey

City had been given support by the ACLU, was

finally freed last month. After a long fight for a

_new trial, Mr. Longo obtained a directed verdict

of acquittal in the Quarter Sessions Court.

Mr. Longo's courageous one-man battle against

the Democratic boss of the state and former Mayor

of Jersey City grew out of his activities in the

election of 1941. He was charged with fraudulently

altering his voting record, when an employee of

the Hudson County Board of Elections, by chang-

ing his primary registration from "Rep" to "Dem."

Upon conviction he was sentenced to eighteen

months to three years in the state prison. The

original verdict was sustained by the state's high-

est court on appeal, but he started a successful

fight for a new trial, granted last September. In

the meantime he was free on $5000 bail.

Judge John Drewen directed the acquittal in

the new trial after two weeks of testimony, which

the judge declared was "purely circumstantial and

not sufficient to constitute a sufficient hypothesis

of guilt." Former Governor Charles Edison was

amons those who testified for Mr. Longo. As

ACLU Has No Connection

With Civil Rights Congress

During the past month the local branch of the

ACLU has received several inquiries concerning

the Civil Rights Congress. Those inquiries grew

out of two things: 1. A circular letter from the

Congress asking for contributions in the Joseph-

son case, which has just come to a conclusion with

the refusal of the U. S. Supreme Court to grant a

hearing; and, 2. Public meetings of the Congress

addressed by one of its co-chairmen,. Dr. Harry

F. Ward, who, until 1940, was associated with the

national board of the ACLU. `The group's pub-

licity specifically called attention to Dr. Ward's

former association with the ACLU and thereby

created confusion in the minds of some people.

Once again, we would like to make it clear that

the Civil Liberties Union has absolutely no con-

nection: with the Congress for Civil Rights. The

latter is generally recognized as a Communist

front serving as a legal defense agency for the

Communist Party. The important point, however,

is that the Congress defends Civil Liberties for

"our side,'"' whereas the ACLU defends Civil Lib-

erties for all without distinction. The Union

heartily disagrees with the position taken by the

Congress but would also defend its civil rights.

The Civil Rights Congress was organized in

April, 1946. At that time, the International Labor

Defense, the National Federation for Constitu-

tional Liberties, the Michigan Civil Rights Federa-

tion and the Chicago Civil Liberties Committee-

all left-wing groups; merged to form the new or-

ganization.

VIGILANTES SUED FOR DAMAGES

A $100,000 damage suit was filed in the Supe-

rior Court of Los Angeles.county on February 24

against the American Legion vigilantes and

others who tried to break up the meeting of a

Democratic Club in La Crescenta last November

14, The suit was filed by the Glendale Committee

for Civil Liberties, an affiliate of the Southern

California branch of the ACLU. A similar suit

~ was also filed in the U. S. District Court in Los

Angeles.

Movie Monopoly Case Argued

The ACLU contention that monopoly practices

in the movie industry constitute a threat to free-

dom of the press was presented before the U. S.

Supreme Court in the Paramount anti-trust suit

last month by H. William Fitelson of the New

York bar. The brief prepared by Harold J. Sher-

man and Mr. Fitelson attacks particularly owner-

ship of theatres by the "Big Five" movie pro-

ducers, as a violation of the First Amendment in

keeping independent producers from the screen.

waged war on Boss Hague's corrupt and dictatorial

methods. His acquittal from what was generally

held to be a politically-motivated prosecution is

exnected further to weaken Hague's waning