vol. 15, no. 6
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"Fternal vigilance is the price of liberty."
, VOLUME XV
Pat
SAN FRANCISCO, JUNE, 1950
Berkeley Meeting Set for Tuesday Evening .
June 20; San Francisco Gathering June 21
Patrick Murphy Malin, who on January 1 suc-
ceeded Roger N. Baldwin as National Director of
the American Civil Liberties Union, will make
his first official visit to the bay area from June 19
to June 23. Mr. Malin, who is on a visit to Pacific
- Coast branches of the Union will arrive from Los
Angeles Monday evening, June 19. He leaves for
Portland Friday morning, June 23.
_ Mr. Malin will appear at two public meetings
to be held under the auspices of the American
Civil Liberties Union of Northern California. The
first meeting will be held Tuesday evening, June
20, at 8 o'clock, at Unity Hall, Unitarian Parish
House, corner of Bancroft Way and Dana Streets -
in Berkeley. Prof. Laurence Sears, former mem-
ber of the Union's local Executive Committee,
will serve as chairman of the meeting.
Mr. Malin's second public appearance will be at
__the Friends' Center, 1830 Sutter Street. San Fran-
cisco (between Buchanan and Webster Streets).
The meeting will- begin at 8 o'clock. Rt. Rev. Ed-
ward L. Parsons, Chairman of the local Commit-
tee and a national vice-chairman of the Unidn,
will preside.
_ Mr. Malin will also attend a special meeting of
the Union's Executive Committee Thursday noon,
June 22, in order to discuss organizational prob-
lems.
The new A.C.L.U. director served as a member
of the Economics Department at Swarthmore
College in Pennsylvania from 1930 to 1950. Dur-
ing the war he served for four years as vice-
director of the Intergovernmental Committee. on
Refugees, with headquarters in London. He also
was American Director of the International Mi-
gration Service, Price Executive of the O.P.A.
Chemical and Drug Branch in Washington, and
Deputy Chief of the Division of Program and
_ Requirements in the State Department's Office
PATRICK MURPHY MALIN
~
- Teachers College and Columbie. University in _.
of Foreign Relief and Rehabilitation Operations.
His work has taken him to Great Britain and con-
tinental Europe, including the Soviet Union, the
Near East, Canada, the West Indies and South
America.
Mr. Malin served as Vice-Chairman of the
American Friends Service Committee from 1936
to 1938. He is also a member of the board of the
National Council of Religion in Higher Education
and served as the president of that group from
1939 to 1943.
He is a member of the Society of Friends
(Quakers) and an independent in politics. Born
in Joplin, Missouri, he is 46 years old, married
and has three sons.
Mr. Malin is a graduate of the University of
Pennsylvania, class of 1924. He did graduate
study at the Union Theological Seminary and
New York City.
The meetings are open to the general public.
There is no admission charge. It is hoped that
the members of the Civil Liberties Union will take
this opportunity to become acquainted with the
Union's new national director.
S.F. Jury Acquits Seller
Of Nudist Magazines
Stanley M. Spencer, a clerk in D. and T. Cigar
Store, 300 Kearny Street, San Francisco, last
month was acquitted by a Municipal Court jury of
nine women and three men on charges of selling
obscene literature. He was arrested last Decem-
ber 6, after selling copies of the nudist magazines,
"Sunshine and Health" and "Natural Herald' to
a police officer.
Troy Gillespie, San Francisco magazine dice
tributor, was acquitted on the same charges last
September after an earlier jury trial had resulted
in a hung jury. Before Gillespie was acquitted,
the police made another arrest, but that case was
dropped after Gillespie's acquittal.
The only complaint against the magazines is
that they contain pictures of unclothed men,
women and children. No fault has been found
with the text of these magazines.
District Attorney Edmund G. Brown claimed
he was proceeding with the prosecution at the
insistence of the police. He assured the Union
that if an acquittal were secured in the Spencer
case, he would not bring further prosecutions
against the distributors of nudist magazines.
`In spite of the fact that at earlier trials the
District Attorney has rightly contended that un-
der California decisions expert testimony is not
admissible in obscenity cases, the prosecution
called as expert witnesses two Catholic priests,
the Superintendent of Schools, who is a Roman
Catholic, the head of the P.T.A., the leader of
the Boy Scouts and a Rabbi. Only the Superin-
tendent qualified as an expert, and he merely
took the position that the magazines were in bad
taste. In discussing the matter with the Union,
however, the Superintendent went further and
declared that pictures of undressed men and
women are obscene, at least in certain hands.
The jury returned its verdict after deliberating
for only half an hour. The defendant was repre-
sented by Nicholas Alaga of the firm of Hallinan,
MacInnis and Zamloch.
Suggestions, Please!
The terms of five members of the Executive
Committee of the American Civil Liberties
Union of Northern California expire October
31. They are Herbert C. Carrasco, Wayne M.
Collins, Ralph N. Kleps, Seaton W. Manning
and Rabbi Irving F. Reichert. In addition, there
are three vacancies on the Committee at the
present time. Membership on the Committee
is limited to 25 persons. A nominating com-
mittee of five persons will be appointed by
Bishop Parsons at the June meeting of the
Executive Committee. The sub- committee is
required to report its recommendations to the
Executive Committee at the September mect-
in
"The By-Laws provide that "The June issue
of the A.C.L.U.-NEWS shall carry an invita-
tion to the Union's membership to suggest
names to the nominating committee, and such
names must reach the Union's office not later
than June 30 in order to receive consideration."
Please send your suggestions to the Ameri-
~ can Civil Liberties Union, 461 Market Sire'. |
San Francisco 5, California, giving as much
biographical information about your candidate
as possible. Please remember that Committee
members are expected to attend noon meetiings
in San Francisco once a month and to serve on
sub-committees.
D. A. Dismisses Picketing
Prosecution at Union's Urging
At the urging of the Civil Liberties Union, Dis-
trict Attorney Edmund G. Brown of San Fran-
cisco on May 10 dismissed, disturbance of the
peace charges against Alta Harpole, arising from
a picketing incident.
On March 2, bearing her four-months-old baby
in one arm and a sign in her free hand, Miss Har-
pole marched up and down in front of a residence
for about ten minutes. The place was the last
known address of one George Malekos, whom
she claims is the father of her child, and who has
allegedly been evading a summons and complaint
in a paternity suit. Mr. Malekos' parents and his
sister and brother reside at the picketed home.
The sign declared that "George Malekos will not -
support his baby." |
Before bringing the prosecution, the District
Attorney issued a citation for Miss Harpole's
appearance at his office. At that time the com-
plainant, Helen Malekos, her attorney and several
members of the District Attorney's staff. to-
gether with Miss Harpole, discussed the incident.
It was agreed that the picketing was nerfectly
peaceful, but the District Attorney felt there was
an attempt to intimidate and that the subject of
the sign was offensive.
The Union suggested to Mr. Brown that Miss
Harpole was merely exercising her right of free
speech in much the same fashion as the onnonents
of partition have picketed Northern Ireland's
Prime Minister at his residence at the Waldorf-
Astoria hotel in New York.
Moving?
Around this time of the year and again in the
fall, we have difficulty keeping track of many
of our members, especially students and teach-
ers. If you are changing your residence for the
summer, won't you please let us have your
change of address without delay?
Page 2
AMERICAN CIVIL LIBERTIES UNION-NEWS
`LET FREEDOM RING -
San Francisco Leaflet Case
On'May 25 three members of the Labor Youth
League, a left-wing group, were found guilty of
violating a section of the San Francisco Park
Code prohibiting the distribution of advertising
leaflets without a permit. The three had been
arrested on May 21 for distributing leaflets in
Golden Gate Park condemning the Mundt-Nixon
bills. Before finding them guilty, Municipal Judge
Eustice Cullinan overruled a demurrer challeng-
ing the constitutionality of the ordinance. Judge
Cullinan sentenced each defendant to pay a fine
_of five dollars or serve one day in the County
Jail. Counsel entered oral notice of appeal.
The ordinance has apparently been on the local
`Statute books for many years without being ap- -
plied. Over ten years ago the U. S. Supreme
Court decided that leaflets and handbills are en-
titled to the constitutional protection afforded
freedom of the press under the First Amendment
states or subdivisions of states).
ferred to the Union's national office to
ciple.
to the U. S. Constitution (as against federal ac-
tion) and under the due process clause of the
Fourteenth Amendment (as against action by
Licenses oyen
permits may not be required as a condition of
such distribution, whether on public streets, pub-
lic places or from house to house. _
Target for Communist Infiltration
According to the local F.B.1., the A.C.L.U. is
a target for Communist infiltration. A student
at the University of California seeking draft
classification as a conscientious objector, ~ap-
peared before Hugh K. McKevitt, a hearing offi-
cer, and was informed that the only adverse
information contained in his file was a record
of his association with the Civil Liberties Union-
a target for Communist infiltration. The A.C.L.U.
wrote to Mr. McKevitt, but the latter is on an
extended vacation, so the matter has been re-
be taken
up with J. Edgar Hoover. ae
eee Baia dimen
The Gardner Case
Valentina Ivanova Gardner, GI bride, who was
detained by the Immigration Service in San Fran-
cisco for 13 months, on the ground that her entry
would be prejudicial to the interests of the
United States, is still awaiting a final decision
in her case from the Justice Department. Last
January, Mrs. Gardner was finally released on
administrative bail furnished by the Civil Liber-
ties Union. Her case has now been pending for
18 months.
Seaman Denied Entry
The Union is concerned with the case of an
Australian seaman, who has been denied the
usual shore leave of 29 days given to sailors.
Whenever his boat comes to port, he is required
to stay on board the ship. The Union was `in-
formed by the Immigration Service that the man
was denied entry because his entry would be
prejudicial to the interests of the United States.
No hearing was ever accorded to him. He is a
member of the Marine Cooks and Stewards Union
and his difficulty apparently springs from the
fact that the crew of his vessel elected him to
attend a meeting of the left-wing Civil Rights
Congress. He claims he never attended the meet.
ing, but, ever since, he has been denied the cus-
tomary shore leave.
U.S. Supreme Court
Will Review C. O. Case
The Supreme Court has granted a review of
the conscientious objector case of Larry Gara,
dean of men at an Ohio Mennonite College, who
is seeking a reversal of his conviction for advising
divinity student Charles Rickert to stand by his
principles in refusing to register for the draft.
The Union has been participating in the case as
friend of the court.
Gara, who was sentenced to an 18-month jail
term, has been paroled by the government, but
is fighting the case in court as a matter of prin-
he government charged he "aided and
abetted" Rickert's violation on the theory that
registration is a continuing obligation. The con-
viction has been attacked on the grounds that
Rickert had already indicated his decision to re-
_ fuse to register three months before he met Gara.
U. Ss: Supreme Court
Loyalty Oath; Justice
After more than a year of deliberation, the
United States Supreme Court in a 5-1 decision,
handed down May 8, held that the non-Communist
affidavit provision of the Taft-Hartley Act was
constitutional. The Court split 3-3, however, thus
affirming the lower court decision on the consti-
tutionality of that part of the oath declaring
that one "does not believe in, and is not a mem-
ber of or supports any organization that believes
in... the overthrow of the United States govern-
ment . by any illegal or unconstitutional
methods."
Justice Black was the sole dissenter. Following
is a substantial excerpt from his eloquent dissent:
"The Court assures us that today's encroach-
ment on liberty is just a small one, that this par-
ticular statutory provision `touches only a hand-
ful of persons, leaving the great majority of per-
sons of the identified affiliations and beliefs com-
pletely free from restraint.' But not the least
of the virtues of the First Amendment is its pro-
tection of each member of the smallest and most
unorthodox minority. Centuries of experience
testify that laws aimed at one political or religious
group, however rational these laws may be in
their beginnings, generate hatreds and prejudices
which rapidly spread beyond control. Too often
it is fear which inspires such passions, and noth-
ing is more reckless or contagious. In the result-
ing hysteria, popular indignation tars with the
same brush all those who have ever been associ-
ated with any member of the group under attack
or who hold a view which though supported by
revered Americans as essential to democracy,
has been adopted by that group for its own pur-
poses.
"Under such circumstances, restrictions im-
posed on proscribed groups are seldom static,
even though the rate of expansion may not move
in geometric progression from discrimination to
-arm-band to ghetto and worse. Thus I cannot
regard the Court's holding as one which `merely
bars Communists from holding union office and
nothing more. For its reasoning would apply just
as forcibly to statutes barring Communists, and
political office, mere membership in unions, and
in fact from getting or holding any jobs whereby
they could earn a living.
"The Court finds comfort in its assurance that
we need not fear too much legislative restriction
of political belief or association `while this court
sits.' That expression, while felicitous, has no
validity in this particular constitutional field. For
it springs from the assumption that individual
mental freedom can be constitutionally abridged
whenever any majority of this Court finds a
satisfactory legislative reason. Never before has
this Court held that the Government could for
Ten Commandments
A young lady over 21 years of age has been
denied a U. S. passport by Mrs. R. B. Shipley,
Chief of the Passport Division of the State De-
partment, on the basis of information supplied
by her father, because she misbehaved herself in
Kurope on a previous visit. There was no public
issue involved in the matter, but Mrs. Shipley
is reported as saying, "I won't give her a pass-
port, not for political reasons, but simply because
she is not a proper American to send abroad as
shown by her disregard for the Ten Command-
ments.'"' Mrs. Shipley has not indicated whether
`the Department will lift the passports of Ingrid
Bergman and Rita Hayworth.
REPEAT ED TCD EE PT NE I TTR ie
MEMBERSHIP APPLICATION
American Civil Liberties Union of No. Calif.,
461 Market St., :
San Francisco 5, Calif.
1. Please enroll me as a member at dues. of
Soe 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-
bership includes subscription to the "American
Civil Liberties Union-News" at $1 a year.)
2. I pledge $............ per month........ or $..... per yr.
3. Please enter my subscription to the NEWS, $1
per year).
Enclosed please find: $02 Please bill
Mel
Street...
City and Zone
q a
any reason attaint persons for their political be-
liefs or affiliations. It does so today.
"Today the `political affiliation' happens to be
the Communist Party: testimony of an ex-Com-
munist that some Communist union officers had
called `political strikes' is held sufficient to up-
hold a law coercing union members not to elect
any Communist as an officer. Under this reason-
ing, affiliations with other political parties could
be proscribed just as validly. Of course there is
no practical possibility that either major political
party would turn this weapon on the other, even
though members of one party were accused of
`political lockouts' a few years ago and members
of the other are now charged with fostering a
`welfare state' alien to our system. But with
minor parties the possibility is not wholly fanci-
ful. One, for instance, advocates socialism; an-
other allegedly follows the Communist `line'; still
another is repeatedly charged with a desire and
purpose to deprive Negroes of equal job oppor-
tunities. Under today's opinion Congress could
validly bar all members of these parties from
officership in unions or industrial corporations;
the only showing required would be testimony
ithat some members of such positions, had, by
attempts to further their party's purpose, un-
justifiably fostered industrial strife which ham
pered interstate commerce.
"It is indicated, although the opinion is not
thus limited and is based on threats to commerce
rather than to national security, that members -
of the Communist Party or its `affiliates' can be
individually .attainted without danger to others
because there is some evidence that as a group
they act in obedience to the commands of a for- -
eign power. This was the precise reason given in
Sixteenth-Century England for attainting all
Catholics unless they subscribed to test oaths
wholly incompatible with their religion. Yet in
the hour of crisis, an overwhelming majority of
the English Catholics thus persecuted rallied loy-
ally to defend their homeland against Spain and
its Catholic troops.
cused of subversive allegiance to France. At the
time, imposition of civil disability on all members
of his political party must have seemed at least
aS desirable as does 9(h) today. For at stake, so
many believed, was the survival of a newly-
founded nation, not merely a few~potential inter-
ruptions of commerce by. strikes `political' rather
than economic in origin.
"These experiences underline the wisdom of
the basic constitutional precept that penalties
, Should be imposed only for a person's own con- -
duct, not for his beliefs or for the conduct of |
others with whom he may associate. Guilt should
not be imputed solely from association or affili-
ation with political parties or any other organiza- ~
tion, however much we abhor the ideas whick
they advocate. Schneiderman v. United States,
320 U. S. 118, 136-139. Like anyone else, indi-
vidual Communists who commit overt acts in vio-
lation of valid laws can be and should be pun-
ished. But the postulate of the First Amendment
is that our free institutions can be maintained
without proscribing or penalizing political belief,
speech, press, assembly, or party affiliation. This
is a far bolder philosophy than despotic rulers
can afford to follow. It is the heart of the system
on which our freedom depends.
"Fears of alien ideologies have frequently agi-
tated the nation and inspired legislation aimed
at suppressing advocacy of those ideologies. At
such times the fog of public excitement obscures
the ancient landmarks set up in our Bill of Rights.
Yet then, of all times, should this Court adhere
most closely to the course they mark. This was
done in DeJonge v. Oregon, 299 U.S. 353, 365,
where the Court struck down a state statute
making it'a crime to participate in a meeting
conducted by. Communists. It had been stipu-
lated that the Communist Party advocated over-
throw of the Government. Speaking through
Chief Justice Hughes, a unanimous Court calmly
f announced time-honored principles that should
govern this Court today: `The greater the impor-
tance of safeguarding the community from in-
citements to the overthrow of our institutions
by force and violence, the more imperative is the
need to preserve inviolate the constitutional
rights of free speech, free press and free assem-
bly in order to maintain the opportunity for free
political discussion, to the end that government
may be responsive to the will of the people and
that changes, if desired, may be obtained by
peaceful means. Therein lies the security of the
Republic, the very foundation of constitutional
government.' "
And in our own country -
ae and his followers were earnestly ac-
_ their suspected sympathizers from election to eee and Tie follows y
Page 3
Partial Retraction by Oakland
Tribune in Irving Fox Case
The Oakland Tribune last month carried a par-
tial retraction of a statement in its editorial col-
umns of April 18, 1950, describing Irving David
Fox, ousted teaching assistant at the University
of California, as "an acknowledged Communist."
The correction quoted from Fox's testimony
before the Board of Regents on December 16,
last, in which he declared that he had never
signed a membership card, but "to all intents
and purposes I might have been considered a
member."
"By this testimony," says the Oakland Tribune,
"Fox acknowledged that he was a Communist,
but not a card carrying Communist.
"We do amend our statement, however, insofar
as it might be interpreted to mean that Fox is
now a Communist. Fox states that he is not now
a Communist and we have no reason to doubt
this assertion.
"Accordingly, we correct our statement insofar
as it infers that Fox is now.a Communist."
Following is a copy of the letter which Fox
sent to the Oakland Tribune, requesting a cor-
rection of their characterization of him as an
"acknowledged Communist"':
"In the April 18, 1950 issue of your paper there
appeared an editorial containing the following
statement: `Among this group are those who had
insisted on the re-instatement of Teaching Assis-
tant Fox, an acknowledged Communist.'
"I request a retraction of this statement. Call-
ing me a Communist is in itself libelous. The
addition of the word `acknowledged' increases
the damaging effect of the statement, since it
implies that there is no doubt about the charge.
"I have stated publicly, and I now state again,
that I have never been a member of the Com-
munist Party and that I am not a Communist
sympathizer. At the meeting of the Board of
Regents of the University of California, held on
December 16, 1949, I said that although I had
participated in Communist Party meetings dur-
ing the early '40s, I had never joined the organi-
zation because as time went on I found myself
more and more in disagreement with it. To my
knowledge, even the Board of Regents has never
accused me of being a Communist. They stated
that I was fired because I did not meet `minimum
requirements for membership on the faculty.' In
_ Spite of repeated attempts to have these minimurm
requirements defined, they have never been made
public, so I still do not know which requirements
. I failed to meet.
"Shortly after the Regents' meeting, I issued
a press release containing the following state-
ments: `In good faith, I signed the loyalty oath.
... Although I did not finally adopt the views of
the Communist Party, I see no reason to apolo-
gize for having exercised my right to freely ex-
amine political ideas.' This release was certainly
available to your staff, since it appeared in the
home edition of the Oakland Tribune on Decem-
ber 19, 1949.
"These are days when people all over the world
are being encouraged to make such irresponsible
damaging statements. It is certainly the duty
of a newspaper to fight that tendency rather
than to contribute to it." /
Executive Committee
American Civil Liberties Union
of Northern California
Sara Bard Field Ce
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
John H. Brill
Prof. James R. Caldwell
H. C. Carrasco
Wayne M. Collins
Rev. Oscar F. Green
Margaret C. Hayes
Ruth Kingman
Ralph N. Kleps
Seaton W. Manning
Mrs. Bruce Porter
Rabbi Irving F. Reichert
Clarence M. Rust
Prof. Wallace E. Stegner
Beatrice Mark Stern
Dr. Howard Thurman
Kathleen Drew Tolman
y Sel
leeting:
Finding its authority in a section of the Civic
Center Act held unconstitutional by the California
Supreme Court in 1946, the Berkeley Board of
Education last month announced the adoption of
rules aimed at excluding left-wing groups from
the use of schools as meeting places. Among
other things, the new rules prohibit the sale of
all literature and the advocacy of `any disloyal
or unpatriotic activity."' The Board would with-
hold a permit if it determined that a meeting
"will result in picketing."
: The new regulations would deny use of a meet-
ing place to an organization if the Board deter-
mines ``that such use or occupancy will... re-
sult in picketing, rioting, or other disturbances
of the peace, or in damage to the property, which
will render it unfit for or will interfere with its
proper use for school purposes.' And, groups
advocating the violent overthrow of the govern-
ment would be banned from the use of the civic
centers.
Applicants for the use of civic centers are re-
quired to ``promise and agree" (a) That no per-
son attending a meeting "shall be permitted or
allowed to utter remarks, sing songs, or distribute
pamphlets or literature of a seditious nature or
tending to incite unlawful resistance to or the
overthrow of the United State government .. ."
(b) That no person attending such meeting "shall
be permitted or allowed to advocate revolution
by force, violence, or by any other unlawful
means." (c) That no person attending such meet-
ing "shall be permitted or allowed to advocate
sedition, treason, or any disloyal or unpatriotic
activity." (d) That `the sale of books or other
literature for a price on any school property .. .
is prohibited."
Under the California Civic Center Act public
schools have been dedicated for free speech pur-
poses. Citizens `may meet and discuss from time
to time, as they may desire, any subjects and
questions which in their judgment appertain to
the educational, political, economic, artistic and
moral interests of the citizens of the communities
in which they reside." Such use "shall be granted
free."
At the 1945 session of the State Legislature,
under a bill introduced by Senator Jack B. Ten--
ney, who was then Chairman of the Senate Com-
mittee on Un-American Activities, the Civic Cen-
ter Act was amended to exclude "subversive ele-
ments" from the use of schools. In order to
determine whether appellants were `subversive
elements," the amendment allowed school boards
to require affidavits "showing whether or not
such person or organization is a subversive ele-
ment."
On June 26, 1946, the California Supreme Court,
in a 5 to 2 decision handed down in the case of
Danskin v. San Diego Unified School District,
ruled that the Tenney amendment was unconsti-
tutional.
Said the Court in an opinion by Justice Tray--
nor, "The convictions or affiliations of one who
requests the use of a school as a forum is of no
more concern to the school administrator than to
a superintendent of parks and streets if the forum
is the green or the market place. The ancient
right to free speech in public parks and sites can-.
not be made conditional upon the permission of
a public official, if that permission is used as an
instrument of `arbitrary suppression of free ex- ,
pression.' It is true that the state need not onen (c)
the doors of a school building as a forum and
may at any time choose to close them. Once it
opens the doors, however, it cannot demand tick-
ets of admission in the form of convictions and
affiliations that it deems acceptable. Censorshin
of those who would use the school buildine as a:
forum cannot be rationalized by reference to its
setting. School desks and blackboards, like trees
and street lights, are but the trappings of the
forum; what imports is the meeting of minds
and not the meeting place.
The issue is being submitted to the June meet-
ing of the A.C.L.U's Executive Committee.
Seek Action on Bill Barring
War Bride's Deportation
The ACLU last month urged the U.S. Senate
to complete action on legislation designed to safe-
guard Mrs. Ellen Knauff, German-born wife of a
former American soldier, from deportation.
Letters to all Senators, signed by Patrick Mur-
phy Malin, ACLU director, and Arthur Garfield
Hays, general counsel, urged them to vote favor-
ably on a House-approved measure which would
permit Mrs. Knauff to remain in the United
States.
Prompt passage of the bill, the letters declared,
"would constitute further impressive evidence
that our Congress stands ready to redress the
grievances of even the most obscure persons-
including aliens"'.
Since Mrs. Knauff's areval at New York har- .
bor in 1948, the Department of Justice has at-
tempted to deport her as a "hazard to internal
security'. It has consistently refused to reveal
its charges against her, however, or to grant her
a hearing-an action which ACLU contended
should be accorded "in the name of elementary
fairness". The only hearing on her case at which
Mrs. Knauff has been allowed to testify was held
-by a House Judiciary subcommittee. That body
"apparently cleared her of whatever charges or
suspicions were directed against her," ACLU said,
thus clearing the way for passage of the House
bill in her behalf.
Justice Department officials had scheduled
Mrs. Knauff's deportation most recently on May
17 after a U.S. Circuit Court of Appeals ruled
that such action could be taken even while Con-
gressional legislation in her behalf was pending.
The move was halted, however, when Justice
Robert H. Jackson of the U. S. Supreme Court
granted her a last-minute stay, so that the high
tribunal could hear an appeal from the Circuit
Court decision. The U. S. Supreme Court had
previously upheld the Attorney General's right to
bar Mrs. Knauff without a hearing and on the
basis of its findings.
In their letters to Senators, the two ACLU
officials commented that "the ever-present possi-
bility of injustice" in cases of this kind "can be
avoided for the future only if legislation is en-
acted to provide for administrative hearing as a
matter of course."
Supreme Court Refuses to |
Rule on Movie Censorship
The long fight against the censorship of the
motion picture "Curley" in Memphis, Tenn., be-
cause it showed white and Negro children playing
together culminated in defeat May 8 when the
Supreme Court declined to rule on the case. The
plaintiffs, United Artists Corp. and Hal Roach
Studios Inc. had asked the tribunal to declare all
city and state censorship in violation of the Con-
stitution's free speech guarantee.
The censorship imposed by the Memphis Board
of Censors was upheld first by the Shelby County
(Tenn.) circuit court on ground that neither a
local theater nor the plaintiffs had attempted to
show the picture. There was no ruling on the -
soundness of the reasons for the censorship. That
decision was then upheld by the Tennessee Su-
preme Court and appealed to the higher tribunal,
which refused to review the matter.
Another test of movie censorship has heen .
started by Louis De Rochemont, producer of
"Lost Boundaries", which ACLU is supporting.
After being turned down in the Atlanta Federal
District Court, an appeal has been taken to the
U. S. Circuit Court of Appeals. The appeal is
expected to be argued on June 5.
Queries As to Race and Relicion
To Be Deleted From U.C. Ferm
The Bureau of Occupations at the University
of California at Berkeley advised the Civil Liber-
ties Union last month that it will delete questions
concerning race and religion from its application -
forms. "The order for new application forms,"
said Miss Vera Christie, the Bureau's manager,
"will be placed this month and the new forms will
be put into use just as soon as the present sunnlv
is exhausted. We do not, however, feel justified
in wasting State funds by discarding the present
application forms." /
`Miss Christie also pointed out that the ques-
tionnaire is used exclusively by her interviewers -
and is not sent to employers for review.
The Union wrote to Miss Christie about the
matter after receiving a complaint from a stu-
dent. The Bureau is maintained for students.
former students and graduates of the University
of California, and those seeking employment on
the University campus.
Page 4
AMERICAN CIVIL LIBERTIES UNION-NEWS
American Civil Liberties Union-News
Published monthly at 461 Market St., San Francisco 5,
Calif., by the American Civil Liberties Union
of Northern California.
Phone: EXbrook 2-3255
ERNEST BESIG....... 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
Court Denies Writ, Rebukes
Army for Prosecuting J. W.
While rebuking the Army for its prosecution of
Jehovah's Witness, Milton H. Cox, 32, of San Jose,
Federal Judge Herbert Erskine of San Francisco
on April 27, nevertheless, denied him a writ of
habeas corpus. Pending an appeal, the Court
allowed Cox to remain at liberty on. $500 bail
furnished by the American Civil Liberties Union
of Northern California.
Cox was arrested by the FBI in May, 1949,
almost seven years after he had walked out of
Camp Rucker in Alabama, and was turned over
to the Army to face desertion charges. He was
subsequently convicted and sentenced to five
years at hard labor. This conviction was set aside
and a retrial ordered. Pending the retrial by the
Army, the present legal proceedings were brought
in his behalf.
Cox claimed exemption from the draft as a
Minister and also filed the form required of con-
- scientious objectors. The Chairman of the local
draft board thereafter placed a memorandum in
Cox's file to the effect that he had personally
investigated the claims, found them to be sin-
cere and recommended classification as a con-
scientious objector. Despite the memorandum,
- Cox was ordered to report for induction into the
Army. His appeal, based solely on his claims as
a eo was lost and he reported to the Army
in :
Cox claims he refused to take the oath of in-
duction and that he departed for his home at the
first opportunity. He continued to reside in San
Jose and never sought to conceal himself.
Judge Erskine denied Cox's application for a
writ "with regret, however, because I feel that in
_ view of the fact petitioner was a sincere con-
scientious objector according to the finding of
the Chairman of his own local board, he should
have been classified as such. I believe also that
as he"has been a law-abiding industrious citizen
since he left the Army in August, 1942, that it is
deplorable that he should be taken from his home
and work and prosecuted for his desertion at this
late date, particularly as he made no effort at
any time to conceal his existence or whereabouts.
I also feel that in view of all the circumstances of
this case the original sentence meted out to him
Was excessive, unreasonable and inhuman, and
that his case should be treated with the utmost
leniency. If it were the province of this Court to
mete out the punishment, if any, in this case, the
sentence imposed would be the slightest legally
possible.
"Having no further jurisdiction over this mat-
ter, however, I can only express the hope that
any military tribunal or executive official exer-
cising jurisdiction over the petitioner in the future
will give consideration to the views expressed
herein."'
Judge Erskine rejected three contentions made
by Cox. 1. While agreeing that the draft board
erred in not classifying Cox as a conscientious
objector, the court held that Cox had abandoned
this point by limiting his appeal to the failure of
the draft board to classify him as a minister. 2.
The court felt that Cox had not sustained the
burden of proving that he had not taken the oath
of induction and, in any case, "his conduct after
leaving the induction center amounted to a waiver
of any irregularity in his induction." 3. "There
is no statute of limitations applicable to desertion
in time of war."
School Discipline
The A.C.L.U. received a report last month that
John P. Burnside, Principal of Marina Junior
High School, became exasperated with a trouble-
some colored student of 15 and punched him in
the nose and belly. On May 12, the Union asked
Dr. Herbert C. Clish, Superintendent of Schools,
for a report about the incident. 0x00B0
According to the Union's information, the inci-
dent took place the latter part of April. Never-
theless, in a letter received from Dr. Clish on
May 25, the Union was informed that "the mat-
ter is now under investigation. As soon as I have
Mr. Burnside's report, I shall be happy to com-
municate with you further." The wheels of jus-
tice grind slowly!
Union Active in |
Cases During the |
On the federal loyalty front in Northern Cali-
fornia, the Union has been active in nine cases
during the past two months.
In April the Union was advised of a favorable
decision by the Loyalty Review Board in a case
involving a nurse employed by the Veterans' Ad-
ministration. This girl was a member of the
Communist Party for a short time.
During the past month, a panel of the Loyalty
Review Board heard the appeal of a Negro at-
tendant at the Marine Hospital in San Francisco,
who is paid $160 a month. This man attended
some eight Communist meetings and finally lost
interest in the group because they weren't doing
him any good. As far as he was concerned, Com-
munism stood for opposition to race discrimina-
tion, better jobs and better housing. On the
other hand, he testified he had never seen them
doing anything that was bad, nor had they ever
done any overthrowing in his presence. On the
basis of his experience, he concluded that the
anti-Communist programs he heard on the radio
were just propaganda, and he didn't see why a
Communist couldn't work for the government.
Seth W. Richardson, former Attorney General,
and Chairman of the Loyalty Review Board, him-
self came out from Washington to serve as chair-
-man of the three-man panel that heard the case.
Mr. Richardson proved to be a brusque individual,
who frightened the witness by his browbeating
manner. Mr. Richardson was confused about the
facts in the case and rebuffed efforts at having
them clarified. His own confusion caused him to
confuse the witness. The other members of the
panel, however, were courteous gentlemen, who
apparently, bowed to Mr. RicHardson's superior
position. The case was taken under submission.
In another case involving a Negro packer at
the Naval Supply Center in Oakland, the depart-
mental loyalty board reached an unfavorable de-
cision and an appeal was taken to the Navy De-
partment Loyalty Appeal Board in Washington.
It was charged that the employee's name ap-
peared "on a list maintained by the Communist
Party and that of the 32 names on this list, 20
have been identified as members of the Com-
munist Party." He was also charged with sub-
scribing to the "Daily People's World,"' member-
ship in the Communist Party and holding a meet-
ing at his home for a Communist. Otherwise, the
accusation affected his wife's activities prior to
their marriage in 1947: She was accused of hold-
ing benefit dinners for left wing groups in her
home, of subscribing to the `Daily People's'
World" and being a member of the Communist
Party.
The evidence in the case disclosed, however,
that the employee is an ardent-baseball fan, a
lover of horse racing and a person who is con-
cerned with the problems of his race. He sup-
ported Byron Rumford for the State Assembly,
who was opposed by the Communists. Officials
of the N.A.A.C.P. indicated that the employee
was not a supporter of the Communist Party line.
He never subscribed to the "Daily People's
World," although during the F.E.P.C. campaign
he received free copies for several months. As
far as his wife is concerned, she appears to be
interested in racial issues, which have at time
brought her into contact with Communists.
Two issues have arisen involving students at
the University of California. The first case con-
cerned a part-time psychiatric social worker, who
admits past membership in American Youth for
Democracy and Independent Students Political
Action Committee at U. C., as well as. circulating
petitions to place the Independent Progressive.
Party on the California ballot. The Veterans Ad-
ministration sent her an interrogatory, which she
answered and since then nothing has happened.
Early in May, however, she completed her stu-
dent training and, therefore, had to sever her
connection with the Veterans Hospital, where
she was employed.
The second case involves a "Clinical Psycholo-
gist Trainee" at Fort Miley Hospital. The Vet-
erans Administration sent him interrogatories,
which he answered and since then nothing has
happened. The interrogatories queried him about
his membership in the Independent Students Po-
litical Action Committee, membership in the Pro-
gressive Citizens of America, circulating a peti-
tion to place the I.P.P. on the California ballot and
knowing two students at Cal. who were alleged
to be Communists.
The Union is still awaiting a decision by the
Regional Loyalty Board in the case of an engineer,
who is accused of having been a member of the
Russian-American Institute and the Washington
Book Shop Association, as well as having a bro-
ther and sister-in-law who are alleged to be Com-
Nine Fed
| Loyalty
onths
munists. While this man was in the Army he was
assigned to work on Russian Lend-Lease and,
consequently, had contacts with Soviet citizens.
He studied the Russian language and at one time
was unsuccessful in getting a visa to visit the
Soviet Union. He is also alleged to have "ex-
pressed and exhibited Communist sympathies and
un-American tendencies." .
A hearing has just been held before the Loy-
alty Review Board in the:case of a Negro civil .
engineer, an employee of the Reclamation Bureau.
This man is accused of signing a couple of peti-
tions in 1940 to place Communist candidates on
the ballot. He is also accused of subscribing to
the "Daily Worker" and circulating literature of
the "American Peace Mobilization," which ex-
isted prior to the war.
A hearing was also held recently by the Veter-
ans Administration Loyalty Board in the case of
a psychiatrist, who belonged to the Communist
Party for a short time during the Earl Browder
period. This employee, after a short period,
dropped out of the organization when she found
herself in disagreement with its policies.
The Union also assisted a statistician who was
required to answer questions as to his loyalty.
He was accused of permitting the "Daily Worker"'
to be distributed in the State Relief Administra-
tion Departments in California as well as associ-
ation with three alleged Communists, who worked
on the same job as he did and who have gained -
notoriety during the past few years. Apparently,
the case has been disposed of on the basis of his
answers, because nothing further has been heard
apout the matter.
Object to Discriminatory
Provisions in DP Bill
The joint Senate-House Conference Committee,
ironing out differences in the recently-passed DP
legislation, was urged by the ACLU last month
to remove provisions barring DPs who hold un-
orthodox political and economic views. The ACLU
also assailed a section of the bill that it said per-
mits the government to aid private employers
hiring DPs in keeping them at their jobs by
threats of deportation, a provision it termed as
"involuntary servitude." 7
The memorandum was submitted by, ACLU
Director Patrick Murphy Malin, Board Chairman.
John Haynes Holmes and Edward J. Ennis, Chair-
man of the Union's Alien Civil Rights Committee.
It centered its attack on the section forbidding
issuance of visas to persons who are or have been _
Communist Party members, or oppose or have
opposed the free competitive enterprise system or
are or have been members of any organization on
the Attorney General's "subversive'' list.
Analyzing the effects of the provision barring
former Communists, the ACLU officials said,
"this would have the inevitable effect of exclud-
ing many anti-Communists. The bill adopts the
theory that once a person has adhered to Com-
munism, he can never recant, can never be re-
formed, can never change his mind. . . . Perhaps
the most convincing arguments against Commu-
nism have been and are being made by those who
once embraced its doctrines and have since seen
their futility and evils." .
The ACLU officials asserted that the bill was
vague in stating whether beliefs contrary to free
competitive enterprise were enough to disqualify
a DP for admission, or whether there must also
be a past or present belief in "revolutionary over- '
throw of representative government." If the
former is correct, they said, then all Socialists,
be they active or theoretical Socialists. might be
excluded. `Certainly it would be ludicrous for
the U. S. to exclude men of the type of Clement
Atlee and members of the Socialist Cabinet in
Britain because of their belief in Socialism rather
than free competitive enterprise. . . . It is the
essence of our democracy that within our demo-
cratic structure which guarantees free speech,
there can be room for differences of opinion on
political and economic theories and public issues.
To deny this would be a denial of our American
heritage, the thing which makes us infinitely
stronger than the totalitarianism we oppose: in-
deed, our greatest weapon against it is this ability
to respect and permit the holding of any belief on
anv subject. That is freedom and Americanism."
The memorandum pointed out that under this
section many members of the House and Senate
could be excluded if they were applying for entry.
"There is hardly a Senator or Representative who
has not at some time voted for a bill which was
denounced by its opponents as being socialistic or
directed toward the destruction of the free enter-
prise system." oe