vol. 15, no. 10
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Civil Liberties
Union-News
"Eternal vigilance is th
VOLUME XV
SAN FRANCISCO, OCTOBER, 1950
Question for Discussion: "What Is the Legal
Status of the Communist Party Today?'
The annual membership meeting of the Amer-
ican Civil Liberties Union of Northern California,
marking the 16th anniversary of the local group,
will be held in San Francisco, on Friday evening,
October 20, at eight o'clock. The place of the
meeting will be announced shortly by postcard
notices. The subject for discussion is, "What is
the legal status of the Communist Party today?"
The speakers will be Prof. Frank C. Newman of
the University of California Law School and
attorney Clarence E. Rust of Oakland, a member
of the Union's Executive Committee. _
Rt. Rev. Edward L. Parsons, chairman of the
Union's Executive Committee will preside. The
director, Ernest Besig, will give a brief report on
the state of the ACLU.
Timely Subject
The subject for discussion is particularly timely.
Not since the early twentys has the country ex-
_ perienced the kind of Communist hysteria that
is sweeping the country today. At that time,
~ various states enacted criminal syndicalism laws
directed against members of the I.W.W. and the
Communist Party. Today, Federal and State gov-
ernments, as well as local governments, are enact-
ing repressive legislation. Congress has enacted
an omnibus Communist control bill, and has im-
posed other restraints upon Communists. Anti-
Communist loyalty oaths have been visited
upon public: employes, and public and private
employees are being subjected to loyalty checks.
The prinicipal concern at the meeting is not
whether under the Bill of Rights Communists
have the same right to civil liberties as anyone
- else, but just where the Communists stand today
in relation to the law. What is happening to Com-
munists under ordinances, statutes and regula-
tions that have not been invalidated by the
courts'? What restraints, if any, have the sanction
of the courts?:
Layman's Questions
Recently, a California legislator was quoted as
saying, "The Communist Party is not a political
party at all but a criminal conspiracy against the
state and federal governments." As a legal mat-
ter, is the Communist Party a criminal conspi-_
racy? Does the party or its leaders represent a
foreign government? As a matter of law, is the
party seeking to alter the form of our demo-
cratic institutions in an illegal manner? Why
has the Justice Department opposed efforts to
outlaw the group? Why has the Department pro-
secuted merely under the Smith Act and not un-
der any other laws, for example, the law re-
quiring registration of the agents of a foreign
government? What is the legal effect on the
Communist Party of the decision in the cases of
the eleven Communist leaders? Is there legal
authority for treating Communists any differ-
ently than any other American citizens? Does
the law permit registration of Communist or-
ganizations and party members, and does it allow
FACTS ABOUT THE MEETING
Time: Friday evening, Oct. 20, at 8 o'clock.
Place: To oe announced shortly by postcard
notices.
Subject: "WHAT IS THE LEGAL STATUS
OF THE COMMUNIST PARTY TO-
DAY?" Also, brief report on the state
of the Union.
Chairman: Rt. Rev. Edward L. Parsons.
Speakers: Prof. Frank C. Newman
Clarence E. Rust
Ernest Besig, report.
No Admission Charge y Public Invited
discrimination against Communists in the issu-
ance of passports?
These and many other questions are bothering
the layman. What our speakers will attempt to
do is to outline what our legislators and admin-
istrators as well as the courts have decided
about the legal status of the Communists today.
While this will largely be exposition of the law,
we don't mean to suggest that the speakers will
try to hide their opinions.
_ Not A Debate
But this is not a debate. As far as possible, the
intention is to make it an inquiry into the legal
status of the Communist Party in the United
States today..Each speaker will present his own
personal views, which do not necessarily reflect
those of the ACLU. Following the speeches, writ-
ten questions will be solicited from the audience.
If you have a question you would like to ask,
why not write it out in advance of the meeting? |
The Union's Executive Committee sincerely
hopes that the meeting wil! be well'supported and
_that the membership will make it an occasion to
invite their friends. There is no admission
charge, and no collection will be taken. The meet-
ing is open to all who are interested.
U. S. Employee Given Loyalty
Clearance After 2-Year Wait
The Interior Department Loyalty Board last
month notified the ACLU that favorable action
had been taken in a Reclamation Bureau loyalty
case that had been pending almost two years.
Upon receiving charges, dated October 7, 1948,
the employee made an immediate response but
failed to request a hearing. Upon receiving the
answer, and before ten days had elapsed in which
to request a hearing, the departmental loyalty
board ordered the employee's dismissal.
An appeal was taken by the employee, who
then turned to the ACLU for help. Through the
- Union's national office, competent counsel was
secured in Washington who argued the matter
before the Secretary of the Interior. The latter
reversed the dismissal and allowed a hearing.
The hearing was held in San Francisco on May
14, 1949. The employee was represented by Ernest
Besig. Only after repeated inquiries was the Union
informed about the decision in the case. No ex-
planation was offered for the long wait. Fortu-
nately, during the entire period the employee
continued on the job, although he never knew
. which day would be his last.
Bible Reading In Schools
Before N.J. High Court "
The legality of a New Jersey state law pro-
viding for recital of the Lord's Prayer and brief
readings from the Old Testament in public schools
was under consideration last month by the State
Supreme Court, which reserved decision. The case
was on appeal from a judgment from the Superior
Court in Paterson, which sustained the act's le-
gality under the state and federal constitutions.
Counsel for Mrs. Anna E. Klein of Hawthorne
and Donald R. Doremus of Rutherford, appealing
as New Jersey taxpayers contributing to the cost
of public schools, said that the statute violated
the First and Fourteenth amendments to the fed-
eral constitution.
The Hawthorne Board of Education Counsel
Alexander E. Fasoli said that `non-sectarian rec-
ognition of God by the state in public transactions
and es is not prohibited by these amend-
ments."
lecting October 2 @
Free Press
Free Speech
Free Assemblage
e price of liberty."
No. 10
@ @
World Federalist Tie
e @ge e Oye
Stymies Citizenship Petition
Membership in the United World Federalists
has proved an almost insurmountable obstacle to
citizenship for a German refugee. Twenty months
ago she filed her petition, but, despite having two
gons who served honorably in the U. 8S. armed
services (one of whom served overseas) action
on it is being held up pending an investigation
into her membership in the World Federalists.
Last November, the alien had a hearing before
a so-called Designated Examiner. That hearing
centered around the question of the alien's mem-
bership in the United World Federalists. Follow-
ing are a few of the questions asked by the Ex- s
aminer: :
"Q. All I can gather from what you have told
me now, is that this organization desires to create
a United States of the World. That would do
away with the United States of America, so the
thought occurs to me why don't you apply for
citizenship in the United States of the World?"
"Q. If the United States is going for a move-
ment to give up its sovereignty, I don't see why
_you want citizenship in the United States?" -
"Q. You understand Mrs. ....... b.) Lam nor
criticizing this organization, I am trying to find
out its aims and purposes."
"Q. I don't quite understand how a, person like |
you, who never engaged in any political activity
of any kind, either in Germany or the United
States, would join the United World Federalists S
After the hearing, the case was referred to the
national office of the Naturalization Service
where it still rests. Since the petitioner is an
alien enemy, because we are still at war with Ger- -
many, she requires a certificate of loyalty from
the Government, which has not yet been granted.
Ten Persons Elected to Union's
Exec. Comm. for 3-Year Terms
Seven persons were elected to membership on
the Union's Executive Committee last month, (c) :
while three others-attorney Wayne M. Collins,
Seaton W. Manning, Secretary of the San Fran- -
cisco Urban League, and Rabbi Irving F. Reich-
ert, were reelected. All ten will serve three-year
terms expiring October 31, 1953. The elections
must be confirmed at the annual membership
meeting on October 20.
" Those newly elected to the Committee are as
follows:
Robert Ash, Secretary, Alameda County Cen-
tral Labor Council (A.F. of L.)
Prof. Edward L. Barrett, Jr., University of
California Law School -
Arnold F. Campo, Representative, United Steel
Workers of America
Prof. Van D. Kennedy, Assistant Prof. of In-
dustrial Relations, Department of Business Ad-
ministration, Univ. of Calif.
Rev. Harry C. Meserve, Minister, First Uni-
tarian Church, San Francisco
Fred H. Smith, IV, owner, Red Feather Pro-
_ ducts, San Francisco
Prof. Carl B. Spaeth, Dean, Stanford Law
School. ,
In Memory of Max Radin
Last month, the ACLU received an anonymous
contribution of $25 in memory of Prof. Max
Radin. The gift to the Union was made in lieu of
flowers for the funeral. According to Prof. Ra-
din's daughter, nothing was closer to her father's
heart and interest than the ACLU. At the time
of his death, Prof. Radin was a member of the
Union's National Committee.
Page? .
AMERICAN CIVIL LIBERTIES
UNION-NEWS
mas
Negro Students Win Right
To Attend Univ. of Delaware
The National Association For the Advance-
ment of Colored People has announced victory in
its first suit filed for admission of Negro students
co a "white" undergraduate institution of higher
`earning. As _a result of a Delaware Court of
Chancery ruling, Negro undergraduates will be
admitted to the University of Delaware.
The Vice-Chancellor of the Court of Chancery
upheld the NAACP contention that facilities of-
tered at Delaware State College, a Negro institu-
`ion, were "`grossly inferior' to those at the Uni-
versity of Delaware, and ruled that Negro stu-
dents who are citizens of Delaware must be ad-
mitted to the University on the same basis as
white students.
_ In another action a three-judge Federal Court
in Virginia directed the University of Virginia
not to deny anyone admittance to its law school
because of race or color. The university was di-
rected to admit a Negro lawyer, George Swanson,
who was denied entrance to the graduate school.
Metropolitan's Stuyvesant
Town to Admit Negro Tenants
Stuyvesant Town, the Metropolitan Life Insur-
ance Company housing development in New
York, has lifted its race ban to the extent of leas-
ing apartments to "qualified Negro tenants." At
least five families are expected to move in on
- September 1. The company denies any change
in policy, affirming its right to "select tenants of
its own choice."
The ACLU recently called on the Metropolitan
Life to reconsider its action "or publicly explain
the reasons" in refusing renewal of leases to 35
tenants, who have been active in a committee to
eliminate racial discrimination in the project.
In a letter to the Metropolitan Board chairman,
the ACLU and the New York Civil Liberties Com-
mittee said, "Until this situation is clarified the
public may well doubt the good faith of Metro-
politan in its decision to admit Negro tenants
into its projects." .
Summary Dismissal Allowed
_ From Government Jobs
President Truman recently signed a law givin
the heads of eleven eonetee: Cone ee
cies the right to discharge employees summarily
for security reasons. In addition to the eleven
defense and semi-military agencies specified, the
bill grants the President the power to extend its
provisions to any other Federal agency.
A suspended employee will have a "reasonable
opportunity" to answer charges against him, and
may demand a review. In the end, the agency
head has the final decision. A dismissed em-
ployee, however, may appeal to the Civil Service
Commission for a hearing, and the board may
recommend him for work in another department.
Executive Committee
American Givil Liberties Union
of Northern California
Sara Bard Field
Honorary Member
Rt. Rev. Edw. L. Parsons
Chairman
Dr. Alexander Meiklejohn
Helen Salz
Vice-Chairmen
Joseph S. Thompson
Secretary-Treasurer
Ernest Besig
Director
Philip Adams
Robert Ash
Prof. Edward L. Barrett, Jr.
John H. Brill
Prof. James R. Caldwell
Arnold F. Campo
Wayne M. Collins
Rev. Oscar F. Green
Margaret C. Hayes
Prof..Van D. Kennedy
Ruth Kingman
Seaton W. Manning
Rev. Harry C. Meserve 0x00B0
Mrs. Bruce Porter
Rabbi Irving F. Reichert
Clarence M. Rust
Fred H. Smith, IV
Dean Carl B. Spaeth
Prof. Wallace E. Stegner
Beatrice Mark Stern
Dr. Howard Thurman
Kathleen Drew Tolman
ce
`Freedom Crusade' Invades
thn
- Shetinne
ae ettineth
In Circulating Scroll in
Over the protests of the Civil Liberties Union,
the San Francisco Board of Education voted, on
September 21, to circulate the "Freedom Cru-
sade" scroll among the students of the public
schools. However, by a tie vote, the Board banned
the collection of funds in the schools to finance
the operation of radio stations in Europe to
broadcast anti-Communist propaganda. The
Board did authorize teachers to inform pupils as
to where they could make contributions to the
"Crusade."
The "Freedom Crusade" comes, in a measure,
as a response to the Stockholm peace appeal,
which is generally described as a Communist ven-
ture. On the Pacific Coast, the "Crusade" is
headed by a banker who, shortly after advocating
a vigilante anti-Communist crusade, became
head of the "Crusade.'' Besides collecting signa-
tures on its scroll, which is referred to as a sign-
up of citizens against Communism, it is also soli-
citing funds to be applied, according to newspaper
accounts, to the development of short-wave radio
networks in Europe and Asia for the dissemina- |
tion of news and anti-Communist counter pro-
paganda to the oppressed areas behind the Iron
Curtain. Apparently, it is felt that the Voice of
America cannot do an adequate job, but no one
around San Francisco seems to know what the
private stations can do that the Voice of America
is not presently doing. The stations will ke oper-
ated by the National Committee for a Free Europe.
The Union does not question the right of
American citizens to participate in the "Freedom
Crusade." One may question the wisdom of such a
negative program and suggest that it is contri-
buting to the wild anti-Communist hysteria in
this country, or perhaps one may not agree with
the wording of the scroll, but if any group of
private citizens wishes to engage in such an un-
dertaking, they certainly have every right to do
so. At the same time, it is the antithesis of free-
dom to use the power and influence of the State
in order to pressure school children to support
such a political venture. It may be hoped that our
children will not be whipped into the kind of anti-
Communist hysteria to which their parents have
unfortunately succumbed.
In the elementary schools in particular, school
children exercise very little freedom of choice
when the prestige and authority of the teacher
is behind a venture. In fact, the particular pro-
gram will have little meaning to youngsters
barely able to write their names on the scroll
without some sales talk from the teacher. More-
over, there is danger that the exceptional child
who refuses to sign, or who fails to wear the but-
ton that is given to signers, will be looked upon
as a pariah by the rest of the children.
We have no doubt that the school authorities
would not circulate the Stockholm peace petition
in the schools, and rightly so, but by the same
token they have no right to circulate the scroll.
Despite the opinion of the Board's legal adviser,
Irving Breyer, the "Freedom Crusade" scroll is
just as much propaganda as the Stockholm peace
petition.
The protests to the Superintendent and the
Board by parents and the Union may have re-
sulted in a greater emphasis upon the voluntary
nature of the sign-up than would otherwise have
occurred. In any case, there follows, in part, the
instructions issued by Superintendent Herbert C.
Clish, a local vice-chairman of the sponsoring
group, as to the procedures to be followed in cir-
culating the scroll in the schools:
"... Any who prefer not to sign it or whose
parents have stated that they do not wish them
to sign it should, of course, not be asked to do so.
"Teachers might well discuss with the students
the underlying purpose of the Crusade for Free- "
dom as stated in the declaration of freedom. Some
schools may plan to handle it as Gedrge Wash-
ington High School is arranging it; namely, to
have booths where students who wish to do so
may sign the Freedom Scroll. Others may elect
to simply have a Freedom Scroll on a table or
empty desk centif such there be) where pupils who
wish to do so may at any time during the week,
following the teachers presentation, sign the
scroll.
"From the Superintendent's point of view, this
is but an opportunity for all of us to rededicate
ourselves to the underlying priniciples of this
great system of government under which we ar
privileged to live.
". ... Accompanying the scrolls will be the
Freedom Buttons. A button should be given to
each child who signs the Freedom Scroll so that
he may, if he wishes to do so, wear it."
As a practical matter, under the instructions
given by Dr. Clish, the degree of freedom which
the individual student will enjoy in deciding
aia ----- =
Freedom of Pupils
S.F. Public Schools
upon the prinicipal and the classroom teacher. -
Of course, the incentive of a button is not to be
`ignored where the small fry are concerned. As
we go to press, we have not been able to discover
how the principals will exercise their discretion.
In most cases, the instructions had not yet been
read nor the material distributed.
The Union's protest to the Superintendent of
Schools follows:
"Our attention has been directed to announce-
- ments carried in recent issues of your school bul-
letin declaring that the `Freedom Crusade' scroll
will be circulated throughout the schools, and
that contributions will be solicited of the school
children to help finance a radio station. We un-
derstand that the Board's approval of such an
undertaking will be sought at the meeting on
September 21.
"This organization defends the constitutional
right of petition and, therefore, the right of the
`Freedom Crusade' to circulate its scroll among
citizens of this community. At the same time, we
question whether the State through its schools
may cooperate in such a venture and collect mo-
ney for a private radio project.
"Tn this connection we would like to direct your
attention to Section 8274(a) of the California
Education Code, which reads in part as follows:
`No bulletin, circular or other publication of any
character whose purpose is to spread propaganda
or to foster membership in or subscription to the
funds of any organization not directly under the
control of school authorities, . . . shall be distri-
buted or suffered to be distributed or shown to
the pupils of any public school on the school pre-
mises during school hours or within one hour
before the time of opening or within one hour
after the closing of the school.' Part (b) of this
same section provides as follows: `No pupil of the
public school shall be solicited by teachers or
others to subscribe to the funds of, or work for,
any organization not directly under the control
of the school authorities.'
"The only exception allowed under the law ap-
plies to parent-teacher organizations.
"T am sure that the sponsors of the `Crusade'
could not have been aware of the prohibitions of
the law when they presented their requests to
you. I am confident, too, that if this matter is
called to their attention, they will be the first to
demand respect for the law and the rights of
others."
UNESCO Delays Action on
Human Rights Covenant
Because of general dissatisfaction with the
draft covenant on human rights as it emerged
from the UN Human Rights Commission as a
basis for an international charter of human
rights, UNESCO has returned the document to
the General Assembly for further consideration.
Roger Baldwin, president of the International
League for the Rights of Man, in approval of the
action, said the primary reason for dissatisfac-
tion is the absence in the draft of any provision
for individual petitions to the United Nations
against rights violations. `Without such ma-
chinery," he said, no UN action in the field of
human rights could amount to much. Confining
the right to protest rights violations to govern-
ments would subvert the whole world movement
of seeking protection against government viola-
tions."
TV Censorship Bill Dies When
Ohio Legislature Adjourns
State censorship of television films in Ohio
failed when the legislature adjourned without
taking action on a proposed censorship bill. Sen-
ator Ed F. Sawicki, who introduced the censor-
ship bill, said that it had died in committee.
Director of Education Clyde Hissong, also the -
state's chief censor, said that his department ig-
nores the existence of television so far as censor-
ship is concerned, maintaining that censorship of
films on television would require "a complete re-
vamping of the existing system" of censorship.
Second District P.-T.A. Opposes
Circulation of Freedom Scroll
By a vote of 154-76, the Second District Pa-
rent-Teachers. Association, meeting in San Fran-
cisco on September 26, condemned the circulation
of the Freedom Scroll in the San Francisco public
schools. The group was reported to have opposed
the circulation of any propaganda in the schools,
whether it be good or bad. Further protests
against the circulation of the scroll in the schools
were expected to be made at the Board meeting
whether or not to sign the scroll depends largely Wednesday evening, September 27.
ACLU Urges Sen. to End Ban
On People's World Reporter
The American Civil Liberties Union of North-
ern California last month petitioned the Califor-
nia Senate to give to the reporters of the Daily
People's World the same floor privileges it ex-
tends to reporters of other newspapers. The Un-
ion's action followed the adoption of a motion pre-
nted by Sen. Jack B. Tenney excluding Jack
. Quayle, Jr. from the floor of the Senate. The
motion carried by a vote of 27-4. Sen. O'Gara of
San Francisco voted for the motion.
"It seems to us," said the Union, `that the
Senate's action in discriminating against this al-
leged Communist newspaper violates the spirit
of our constitutional guarantees of freedom of
speech and of the press. As Justice Holmes once
said, `If there is any principle of the Constitution
that more imperatively calls for attachment than
any other it is the principle of free thought-not
free thought for those who agree with us but free-
dom for the thought we hate'."'
The Civil Liberties Union recalled that former
Gov. Culbert L. Olson had once barred reporters.
of the "San Francisco Examiner" from his press
conferences. "We opposed that action just as we
oppose the Senate's present action," said the Un-
ion. "Access to the news should be given by the
government to all newspapers without distinction.
If the reporters of the Daily's People's World can
be barred from the Senate floor, so can the re-
porters of any other newspaper."
"It is generally recognized," the Union went
on to say, "that there is an hysterical fear of
Communism sweeping the country at the present
time. Unfortunately, the Senate's action merely
adds to that hysteria. If our public servants suc-
cumb to that hysteria, they will undermine our
internal security and our basic freedoms."
In urging the exclusion of Quayle, Sen. Tenney
declared "any representative of a Communist
paper in the U.S. today is a Communist and an
agent, an enemy of the U.S. and the same breed
of dog as those shooting our boys in Korea." He
said his only purpose was to withhold "state facil-
ities" from the representative of the "Soviet
Politburo-controlled paper."
Sen. Tenney insisted `there is no difference be-
tween a North Korean soldier and this news- |
paperman. Would you seat North Koreans here
in our midst?" - a a
_ Sen. Jess Mayo, a newspaper publisher in Cala-
veras county, opposed Sen. Tenney's motion. He
said the issue had nothing to do with Communism,
but was one of freedom of the press. "No law in
the U.S. or California has abolished this paper.
It operates legally. Because you and I disagree
with what it publishes is no reason its represen-
tative should be barred ... We are doing some-
thing wrong because we are in a moment of emo-
tion and hysteria."
S. F. May Drop Loyalty Oath
And Registration Proposals
Because of the enactment by the State Legis-
lature of a loyalty oath for all puklic employees
in the State, the Judiciary Committee of the San
Francisco Board of Supervisors on September 26
postponed consideration of a loyalty oath for
county employees for thirty days. If it is felt
that the State law is adequate, the local proposal
will be dropped.
Unlike the State law, the local proposal re-
quires an employee to state whether "he is or
ever was a member of the Communist Party of
the United States of America or of the Commu-
nist Political Association, or of any 2foup ..
which advises, advocates or teaches .. . the over-
throw by force, violence or other unlawful means,
of the government of the United States of
America, etc."
Committee consideration of a proposal to re-
quire registration of members of the Communist
Party and other alleged subversive organizations,
which was scheduled for September 28, has
been postponed for sixty days, because of the
passage of the McCarran bill. It is quite likely
that the San Francisco: proposal will eventually
be dropped.
In Marin County, the ACLU appeared in oppo-
sition to a proposal to require loyalty oaths of
2950 county employees. Action was postponed unti!
October 2. In the meantime, a "voluntary" sign-
up of county employees is taking place.
Booknote
COURTROOM by Quentin Reynolds, Farrar,
Straus and Co., $3.75. An exciting account of
the legal career of the noted criminal lawyer,
Judge Samuel 8. Leibowitz, who believed that
even the guilty have a right to civil liberties. The
book contains several interesting suggestions for .
improving the processes of the criminal law, and
in addition, tells the "inside" stories of the Scotts-
boro case and the Bruno Hauptmann case.
AMERICAN CIVIL LIBERTIES UNION-NEWS
ca rx
California Legislature Enacts Loyalty
Oath for `Civil Defense `
An estimated million people in the State of
California will be required to take the loyalty
oath enacted at the recent special session of the
California Legislature. This huge figure results
from the fact that the law applies to civil defense
workers, and that term embraces "all public em-
ployees and all volunteers in any civilian defense
organization accredited by the State Disaster
_ Council. The term `public employees' includes all
persons employed by the:State or any county,
city, city and county, state agency or public dis-
trict, excluding aliens legally employed.
The oath must be taken by public employees
within 30 days after the Governor approves the
law. No civil defense worker may draw compen-
sation or reimbursement for expenses incurred
unless he has taken and subscribed to the oath.
Perjury is punishable by imprisonment in the
state prison for from 1-14 years. Other viola-
,tions of the law are subject to a like penalty.
The new loyalty oath was adopted in short
order. Identical bills having the Governor's ap-
proval were introduced in both houses of the
Legislature on Friday, September 22. When the
Legislature reconvened on September 25, follow-
ing the week-end recess, each house adopted its
own bill. Final action was taken the next day.
Only five opposing votes were recorded.
The portion of the new law setting forth the
loyalty oath reads as follows: :
AA ee a Seer , do solemnly swear (or
affirm) that I will support and defend the Con-
"The Year of the Oath"
This new book by Prof. George R. Stewart,
tells the story of the loyalty oath controversy
at the University of California. Following the
excellent review of the book by Joseph Henry
Jackson, it was reported that the first edition
had been entirely exhausted. The Union ex-
pects to have a limited supply on hand around
October 1. The price of the book is $2. Send
your orders, together with a check, to
American Civil Liberties Union
503 Market St.,
`San Francisco 5, Calif.
Most Suppressive Measures
Killed by Special Session
While passing a loyalty oath for "civil defense
workers," a dangerous `death for saboteurs bill,"
and_.a measure giving the Attorney General $25,-
000 to check on "`subversives,"' the special session
of the California Legislature rejected most of the
suppressive bills that were introduced, and espe-
cially the worst ones. But a final judgment as to
the results of the session on civil liberties will
have to await a careful analysis of the measures
that were adopted and that are finally signed by
the Governor.
On the last day of the session, a Communist
registration bill was introduced. It failed to clear
an Assembly committee but was referred to an
interim committee for a report to the Legislature
at the regular session next January. This parti-
cular piece of legislation, however, demonstrates
the problem in trying to keep up with what goes
on at a special session of the Legislature. Unless
an experienced lobbyist is on hand at all times,
proposals may be introduced and rushed through
without proper consideration, and without the
public being aware of what has happened until it
is too late. ,
Receiving a like fate as the Communist regis-
tration bill was a measure requiring loyalty oaths
of all members of businesses and professions li-
censed by the state. Two other loyalty oath bills
were also killed. One of them would have required
loyalty oaths of all candidates for public office.
The second bill, a constitutional amendment by
Mr. Tenney and others, would have given the
Legislature authority to investigate the loyalty
and require loyalty oaths of all public employees,
including employees of the University of Cali-
fornia.
Another Tenney proposal would, in effect, have
_allowed employers to give loyalty tests to their
employees. It provided that "Nothing in this
chapter shall prevent an employer from adopting
policies against employing persons, or from dis-
charging employees, because of their membership
-in or affiliation with, the Communist Party or
any organization that has as one of its precepts,
or advocates, the overthrow of the Government
of this State or of the United States by force or
by illegal or unconstitutional means." The bill
failed by one vote to get a "do pass" recommen-
dation by a Senate committee.
The State Senate adopted a resolution applaud-
ing the Regents for dismissing professors at U.C.
who refused to sign a loyalty oath, but the mea-
sure died in the Assembly.
Page 8
x ---
Workers'
stitution of the United States and the Constitu-
tion of the State of California against all enemies,
foreign and domestic; that I will bear true faith
and allegiance to the Constitution of the United
States and the Constitution of the State of Cali-
fornia; that I take this obligation freely, without
any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the
duties upon which I am about to enter.
"And I do further swear (or affirm) that I do
not advocate, nor am I a member of any party
or organization, political or otherwise, that advo-
cates the overthrow of the Government of the
United States or of the State of California by
force or violence or other unlawful means; that
within the five years immediately preceding the
taking of this oath I have not been a member of
any party or organization, political or otherwise,
that advocated the overthrow of the Government
of the United States or of the State of California
by force or violence or other unlawful means
except as follows:
(If no affiliations write in the words `No Exceptions')
and that during such times as I am a member or
employee of the... 0.
(name, of public agency,)
I will not advocate nor become a member of any
party or organization, political or otherwise, that
advocates the overthrow of the Government of
the United States or of the State of California
by force or violence or other unlawful means."
Union Ready to Aid Court
Tests of McCarran Bill |
The Board of Directors of the American Civil
Liberties Union on September 25 announced its (c)
"readiness to aid in court tests of those provisions
of the Internal Security Act of 1950 which we re-
gard as unconstitutional." The sweeping anti-
subversive legislation, known as the McCarran
Act, was passed by the Senate and House over
President Truman's veto on September 23.
The full text of the statement follows:
"As uncompromising opponents of Communist
tyranny, and all the other forms of totalitarian-
ism, we deplore most of the provisions of the In-
ternal Security Act of 1950, which has been
passed by Congress over President Truman's
veto. They endanger the constitutional rights of
all American citizens, and weaken instead of (c)
strengthen our national security against subver-
sive acts. They embarass our democracy in its
world-wide struggle for the minds of men, by
making us appear hypocritical rather than sin-
cere in our professed devotion to civil liberties. -
"The final omnibus form of this legislation
lumps together matters which should have been
dealt with separately, and contains last-minute
provisions which are of great importance but
which were given no chance of thorough discus-
sion. Many Senators and Congressmen seem to
have hastily succumbed to popular hysteria, ab-
dicating their proper function as rational and
discriminating representatives.
"We hereby announce our readiness to aid in
court tests of those provisions of the act which
we regard as unconstitutional. We call on all
Americans to reexamine carefully the wisdom
of the various provisions of the act. We also call
on all Americans not to let the passage of this
act cause a general cancellation of free speech
and other civil liberties-either by fear of exer-
cising one's own rights, or by suppression of the
rights of others."
Missouri School Board Refuses
To Rehire Nuns as Teachers
The school board of Linn, Missouri, has ad-
vertised in two local papers that it will not rehire
Catholic nuns as public school teachers, stating
its belief that "the present manner of supporting
St. George's School at Linn, with public moneys,
violates our Missouri constitutional guarantees
of religious liberty."
In July, 1950, Division No. 1 of the Supreme
Court of Missouri handed down a decision in the
Meta, Osage County, school case, in which the
court's opinion stated, ``The constitutional policy
of our state has decreed the absolute separation
of Chureh and State, not only in governmental
matters but in educational ones as well. Public
money, coming from taxpayers of every denomi-
nation, may not be used for the help of any reli-
gious sect in education or otherwise."
The Missouri Association for Public Free
Schools has been active in discovering areas in
which the Supreme.Court decision was ignored.
Page 4
AMERICAN CIVIL LIBERTIES UNION-NEWS
' American Civil Liberties Union-News
Published monthly at 503 Market St., San Francisco 5,
Calif., by the American Civil Liberties Union
of Northern California.
Phone: EXbrook 2-3255
ERNEST BESIG. Editor
mntered as second-class matter, July 31, 1941, at the
Post Office at San Francisco, California,
: under the Act of March 3, 1879
Subseription Rates-One Dollar a Year.
fen Cents per Copy -15lig
Judge McColloch Retracts
Criticism of ACLU
Federal Judge Claude McColloch of Portland,
Oregon, last month publicly retracted a state-
ment of his which appeared in the August 24
issue of The Recorder, San Francisco legal paper,
charging that the ACLU had opposed the nomi-
uation of James M. Carter to the Federal Court
in Los Angeles because he had "conducted Com-
munist investigations with firmness and vigor."
He had also charged that the Union, of late, has
interested itself in Communist cases, particularly
in New York and Los Angeles. :
The September 8 issue of The Recorder carried
the following retraction:
United States Courthouse
Portland, Oregon ~
September 6, 1950.
Editor, "The Recorder."
Dear Sir:
_ Mr. Besig is right. The American Civil Liber-
ties Union did not oppose confirmation of J udge
Carter. It was the National Lawyers Guild. I got
the correct information from Judge Carter in San
Francisco in July. Sorry to have led you into my
error, and glad to make this retraction. I had
obtained my information from a newspaper dis-
_ patch. I tried to get a transcript of the proceed-
ings before the Senate sub-committee, but this
was refused me on the ground that it was secret
information. Had this been furnished me, I, of
course, would not have fallen into the error I did.
I did not say or suggest that the Civil Liberties
Union is a Communist organization. I said it had
taken the Communist side in recent cases, and
Mr. Besig admits that it opposed Judge Carter
when he was prosecuting the Los Angeles cases,
Mioueh the Union did not oppose his confirma-
ion.
Very truly yours,
Claude McColloch,
District Judge.
New Rochelle, N.Y., to Require
Communist Registration
_ The New Rochelle, N.Y. City Council, egged on
by Mayor Stanley W. Church: last month pie
without public hearing an ordinance requiring
Communists to register with the chief of police.
The ordinance requires registration within ten
days of all Communists who reside or are em-
ployed or have regular places of business in New
Rochelle, or who even regularly enter or travel
through the city. It will also apply to members
of any group "organized or operating primarily
for the purpose of advancing the objectives of the
world-wide Communist movement." Persons fail-
ing to comply are subject to a maximum penalty
of six months in jail or a $500 fine or both.
___ Teachers Oppose Loyalty Oaths
The AFL American Federation of Teachers
meeting in Detroit at its 33rd annual conven-
tion, reaffirmed by unanimous voice vote its 1949
_ stand opposing special loyalty oaths for teachers
_+ and the establishment or continuation of loyalty
boards.
' It also approved a resolution su ` :
_ demic freedom for students pporting aca
NY,
MEMBERSHIP APPLICATION
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503 Market St.
San Francisco 5, Calif.
1. Please enroll me as a member at dues of
Dee eee for the current year. (Types of mem-
bership: Associate Member, $3; Annual Mem-
ber, $5; Business and Professional Member,
$10; Family Membership, $25: Contributing
Member, $50; Patron, $100 and over. Mem-
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Civil Liberties Union-News" at $1 a year.)
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ht
Truman's Veto of Walter's
Bill Stands
President Truman on September 9 vetoed the
Walter bill providing that the right to become a
naturalized citizen of the United States should
not be denied or abridged because of race. The
bill was limited to Asiatics legally resident in the
United States at this time, and did not open the
doors to immigration of Japanese, Koreans and
others still barred by the Japanese Exclusion Act.
The House overrode the President's veto by a
vote of 317 to 14, but the Senate failed to take
action before adjourning. It is understood that
`Sen. McCarran will introduce a new bill in No-
vember eliminating a section aimed at subver-
sives opposed by the President. Under the Com-
munist control bill recently enacted by the Senate,
all applicants for naturalization will be subject
to a provision of the law denying citizenship to
persons belonging to Communist fronts, or who
join within five years of naturalization.
In his veto, President Truman declared: `. . .
Congress has attempted, by the use of much new
language, to reach persons who may covertly
seek to overthrow this Government, through
their association with communist-front and simi-
lar organizations. However, the language of this
second section is so vague and ill-defined that no
one can tell what it may mean or how it may be
applied. The result might be to weaken our nat-
uralization laws rather than strengthen them.
The result might also be to jeopardize the basic
rights of our naturalized citizens and other per-
sons legitimately admitted to the United States.
"In my judgment, it would be impossible to ad-
minister this Act without creating a twilight spe-
cies of second-class citizens, persons who could
be deprived of citizenship on technical grounds,
through their ignorance or lack of judgment. If
an individual should, at any time within five years
after naturalization, become affiliated with a
proscribed organization, this resolution would
specifically make his act prima facie evidence of
lack of attachment to the principles of the Con-
stitution of the United States. It would place upon
him the requirement of presenting countervailing
es to prevent the revocation of his citizen-
ship.
"This resolution does not even stop with cre-
ating second-class citizens. Where newly natural-
ized citizens or legally admitted aliens are con-
cerned, it could be used to destroy the right of
free speech and the freedom to follow intellectual
pursuits without fear of retaliation from a
vengeful Government.
"These provisions will inevitably produce great
uncertainty and confusion in administration. This
becomes evident when it is recognized, as it must
be, that the resolution fails to define its terms
and establishes absolutely no ascertainable stand-
ards for their application. Not only is this in
violation of our traditional concepts of what laws
should do, it also makes it impossible to deter-
mine in advance what procedures will be used to
prosecute alleged violations of the law. I cannot
approve a measure which has these deficiencies
First Peruvian-Japanese
OK'd for Return to Peru
Last month, the Peruvian Ambassador in
Washington notified Kiichi Yata, a Peruvian-
Japanese residing at Seabrook Farms in New
Jersey, that he would be allowed to rejoin his
wife and five Peruvian born children in Peru. He
was instructed to apply to the nearest Peruvian
consul for travel documents. As a result, the U.S.
Immigration Service notified the alien that un-
less he departs voluntarily at his own expense, he
will be deported to Peru.
Last June, the Foreign Minister of Peru advised
the U.S. Ambassador that his country was pre-
pared to give "individual consideration" to the
re-admission of Peruvian-Japanese who were
_ brought to the United States against their will in
1943 and 1944 and interned. Yata is the first
Peruvian-Japanese to be allowed to return in ac-
cordance with the Foreign Minister's declaration.
The only Peruvian-Japanese presently interested
in returning are those who have families in Peru.
Those who arrived in 1943 are now eligible for
permanent residence in this country.
Newark Bans Racial Segregation
In City Housing Projects
The Newark, N.J. Housing Authority has eli-.
minated racial segregation in city housing proj-
ects. A unanimous resolution said that dwelling
accomodations shall henceforth be allocated on
basis of need without regard to race, religious
principles, color, national origins, and ancestry
of applicants. Previously, Negro and white fami-
lies had been assigned to separate parts of
projects.
ed
ACLU
Fie eee
Probes Blacklisting In
Radio and Television
The American Civil Liberties Union has an-
nounced the appointment of Merle Miller, well-
known correspondent and novelist, to head its
investigation of the problem of blacklisting in the
radio and television industries. Mr. Miller is a
member of the ACLU Board of Directors.
The ACLU has been interested in the general
problem for some time and announced an inten--
sification of its study at the end of August, when
actress Jean Muir was dropped from a NBC tele-
vision program by her sponsor, General Foods
Corporation, after protests had been received
about her appearance, because of the inclusion
of her name in the private publication, "Red
Channels". The booklet, published as an auxi-
liary document by the anti-Communist news-
letter, `Counter Attack'', lists 151 radio and tele-
vison performers and their alleged Communist
associations and sympathies. Miss Muir denied
any Communist ties.
ACLU Director Patrick Murphy Malin said
the ACLU is opposed to suppressing any publica-
tion, but is equally opposed to suppression or at-
tempted suppression of persons because of listing
in private publications for alleged beliefs or asso-
ciations. In addition to the facts on the black-
list problem, the report will contain several rec-
ommendations to the industry that can serve
it as a guide in meeting this complex issue.
Following the Jean Muir case, Edward Cla-
mage, chairman of the Illinois American Legion
anti-subversive committee, demanded that Miss
Gypsy Rose Lee be withdrawn from a program
because of inclusion in `(Red Channels." Miss Lee
had been listed as speaking at a meeting of the
Hollywood Anti-Nazi League, sending greetings
to a meeting of the Joint Anti-Fascist Refugee
Committee, entertaining at a Carnival and Dance
of the New York Council of the Arts, Sciences and
Professions, and serving as an auctioneer at a
book auction for the League of American Writ-
ers. Miss Lee denied performing at the carnival
and said the other allegations were based on
secondary sources, chiefly press clippings.
Meanwhile, the council of the Actor's Equity
Association adopted a resolution deploring the
"smearing" of performers by private groups and
publications which "in the irresponsible manner
of vigilantes have improperly assumed the func-
tions of Government."
Miss Irene Wicker, veteran star and known as
"The Singing Lady," failed to have her program
renewed by the Kellog Company. She charged it
"was a curious coincidence" that' the company
failed to pick up her option after her inclusion in
"Red Channels.'' She has denied any Communist
sympathies. The company said the cancellation
of the program was "merely a matter of busi-
ness."
Miller, author of the novels "The Sure Thing"
and `That Winter', is a former associate editor
of Harpers Magazine, was an editor of Time
Magazine and served as a Washington correspon-
dent for the Philadelphia Record. During the war,
he acted as Executive Editor of the Army weekly,
"Yank". His articles have appeared in numerous
publications, including "Readers Digest', "Cos-
mopolitan", `""McCalls'", `Redbook' and the "`Satur-
day Review of Literature'. He was one of the
founders of the American Veterans Committee,
is secretary of the Authors Guild and serves on
the Writers Board for World Government.
STATEMENT OF THE OWNERSHIP, MANAGEMENT, AND
CIRCULATION REQUIRED BY THE ACT OF CONGRESS
OF AUGUST 24, 1912, AS AMENDED BY THE ACTS
OF MARCH 3, 1933, AND JULY 2, 1946
(Title 39, United States Code, Section 233)
Of American Civil Liberties Union - News _ published
monthly at San Francisco, California, for October, 1950.
1. The names and addresses of the publisher,
managing editor, and business, managers are:
Publisher-American Civil. Liberties Union of Northern CaH-
fornia, 503 Market St., San Francisco 5, Calif.
Editor-Ernest Besig, 508 Market St., San Francisco 5, Calif.
Managing HEditor-None. :
Business Manager-None.
editor,
2. The owner is: (If owned by a corporation, its name and
address must be stated and also immediately thereunder the
names and addresses of stockholders owning or holding one per
cent or more of total amount of stock. If not owned by a cor-
poration, the names and addresses of the individual owners
must be given. If owned by a firm, company, or other unin-
corporated concern, its name and address, as well as those of
each individual member must be given.) _
American Civil Liberties Union of Northern California, 503
Market St., San Francisco 5, Calif.
Rt. Rev. Edward L. Parsons, Chairman, 503 Market St.,
Francisco 5, Calif. : :
Ernest Besig, Director, 503 Market St., San Francisco 5, Calif.
3. The known bondholders, mortgagees, and other security
holders owning or holding 1 per cent or more of total amount
of bonds, mortgages, or other securities are: (If there are none,
so state.) None. :
4. Paragraphs 2 and 8 include, in cases where the stock-
holder or security holder appears upon the books of the company
as trustee or in any other fiduciary relation, the name of the
person or corporation for whom such trustee is acting; also the
statements in the two paragraphs show the affiant's full knowl-
edge and belief as to the circumstances and conditions under
which stockholders and security holders who do not appear
upon the books of the company as trustees, hold stock and
securities in a capacity other than that of a bona fide owner.
5. The average number of copies of each issue of this pub-
lication sold or distributed, through the mails or otherwise, to
paid subscribers cure the twelve months preceding the date
shown above was: (This information is required from daily,
weekly, semiweekly, and triweekly newspapers only.)
ERNEST BESIG, Editor. (R)
Sworn to and subscribed before me this 25th day of Sep-
tember, 1950.
(Seal) ALICE E. LOWRIE,
Notary Public in and for the City and County of San
2 Francisco, State of California.
(My Commission expires May 23, 1952.)
San