vol. 16, no. 4

"Eternal vigilance is the price of liberty."

VOLUME XVI

SAN FRANCISCO, CALIFORNIA, APRIL, 1951.

No. 4

Maritime Worker | Banned |

Because Brother [ls Communist

Because his brother was alleged to be a Com-

munist, a member of the engine crew of a Stand-

ard Oil tanker was screened from his job as a

security risk by the U.S. Coast Guard on Novem-

ber 20 last. When the case finally came to a

hearing on March 21, the hearing officer frankly

announced that this was the only adverse infor--

mation contained in the file.

The hearing was brief. It was clear that even

as children the brothers had not gotten along

together, and, today, they disagree violently.

Their meetings are usually limited to family

gatherings on holidays, and, needless to say, the

brothers don't agree in their politics.

The man has already been out of his job for

four months, and, before a final ruling is secured

from the Commandant of the Coast Guard in

Washington, at least another month will elapse.

This is not an isolated case. Unfortunately, the

cases of persons against whom there is a bare

suspicion are dealt with on the same basis as those

against whom there is substantial evidence. All

are suspended from their jobs pending a decision

after a hearing.

In one case, the charge that the man was a

security risk was based on the mere possession

of a policy of the International Workers Order.

He had held the policy from childhood, but had

never attended a meeting of the group.

Many colored members of the left-wing Marine

Cooks and Stewards Union have been suspended

from their jobs as security risks. It seems to this

writer that in many cases the Negroes are being

used as a club by the Government to unseat the

left-wing leadership. Naturally, most of the

Negroes have supported that leadership because

it has given them economic security despite their

color. Now, their economic security is jeopardized

because they have supported a regime that has

given them jobs. The Government appears to be

saying to these men that they have gotten into

trouble because they supported the present union

leadership. It is inviting them to change leaders in

order to stay out of future trouble, although com-

petent replacements do not seem to be available.

` The Coast Guard hearing program was estab-

lished in San Francisco the latter part of January.

The ACLU participated in its first hearing on

February 12. It was not until March 23 that a

favorable decision was handed down in that case.

In all, the Union's assistance has thus far been

asked in fourteen cases.

On the other hand, about two hundred appeals

have been filed. Only fifty of these cases have

thus far been heard, and final decisions have been

handed down in less than half of them. At the

present rate of hearings, it will take at least seven

months to dispose of the pending appeals.

' Only one hearing officer was originally named

to handle the hearings. Finally, another hearing

officer was named because of the mounting case

load. The second man, however, spends part of his

time hearing cases in Long Beach. Moreover,

since there is only one court reporter available in

San Francisco, it doesn't help much to have two

hearing officers.

The present hearing officers are supposed ulti-

mately to serve as chairmen of "local appeal

boards," which will also contain management and

labor representatives. Little progress has been

made however, in establishing these boards.

The regulations provide for the appellant to be

furnished `with a written statement which shall

contain, as specifically as considerations of secu-

rity will permit, the basis upon which security

clearance was denied." At the present time that

statement is merely a declaration that the ap-

pellant is suspected of being a Communist or with

being sympathetic toward Communism. Such

"notice" of the charges is hardly adequate to

enable an appellant to prepare a defense. Not

until he attends the hearing is he given a sum-

mary of the charges against him.

Immigration Service Imprisons Mother and

Baby for 3}

Ever since December 13 the Immigration Serv-

ice has detained Freda Alexander and her 21-

months-old daughter, Deborah, in the detention

quarters on the thirteenth floor of the Appraisers -

Building in San Francisco, despite the issuance

of a final deportation order by the Central Office

of the Immigration Service from which Mrs. Al-

exander had waived the right of appeal.

Instead of carrying out the deportation order,

the Immigration Service has held on to the mother

and child, apparently, according to Bruce Barber,

the District Director, because the mother had

represented herself as a United States citizen in

securing a job as a "change girl' in a Reno,

Nevada, gambling house. She had entered this

country on a visitor's permit in order to secure a

divorce from her American husband, and became

subject to deportation because she failed to main-

tain her status as a visitor. Her child holds

American citizenship derivatively.

As we go to press, Mrs. Alexander has been

subpoenaed to appear before the Federal Grand

Jury in San Francisco. The U. S. Attorney's

office, in guarded language, states merely that

they intend to interrogate her concerning her

activities in the United States. The official in-

terest no doubt springs from the fact that fifteen

years ago, at the age of 19, she was a Communist,

and because at one time she had a personal re-

lationship with a man who was connected with a

Canadian spy ring.

`An FBI agent questioned Mrs. Alexander in

Nevada and she furnished a signed statement.

Hearing Granted in Oath Suits

The California District Court of Appeal in

San Francisco on March 27 authorized the

issuance of an alternative writ of mandate in

the Levering Act loyalty oath test suits. It

also scheduled arguments in the case for May

23. In the meantime, additional briefs will be

filed. Attorney Wayne M. Collins represents

the four persons challenging the law.

During the past month contributions to-

ward the expenses of the test suits reached -

$304. Further contributions will be welcomed.

Contributions. should be sent to the Ameri-

ean Civil Liberties Union, 503 Market St.,

San Francisco 5, Calif. Please designate the

PUFpOSe of the contribution.

Urae Commutation of

Willie McGee Death Sentence

The American Civil Liberties Union last month

urged Mississippi Gov. Fielding Wright to com-

mute the death sentence of Willie McGee to life

imprisonment. The case has aroused wide interest

because of the question raised by the defense

that perjured testimony was used against the

Negro, convicted of rape, and that no death sen-

tence had ever been meted out to any white per-

son for a similar crime.

In its wire, ACLU said: `"`We do not know and

take no position on whether perjured testimony

was used against him. Moreover, we do not con-

done the crime of rape nor suggest that severe

penalties should not be meted out to those who

commit it. But to the best of our knowledge no

white man has been executed for the commission

of the crime for which McGee has been sentenced

to death, and to eliminate the accusation of un-

justified discrimination being practiced against

Negroes, we urge that his sentence be changed to

. life imprisonment."

NMionths Despite Deportation Order

If the Government wanted to arrest her or to

have her appear before a Grand Jury, that could ~

have been done months ago.

The Federal Law provides that "Whoever |

falsely and wilfully represents himself to be a citi-

zen of the United States shall be fined not more

than $1000 or imprisoned not more than three

years, or both." Obviously, nothing is to be gained

by prosecuting the woman. Even if she were con-

victed, the chances are that the court would

merely have the deportation warrant executed.

Tom DeWolfe, special assistant to the Attorney

General from Washington, D. C., who will ques-

tion Mrs. Alexander before the Grand Jury, denied

that any indictment was being sought against

her. Unless the woman is deported or a criminal

complaint is filed against her, the Union will

consider filing a petition for a writ of habeas

corpus. The ACLU asked the Immigration Serv-

ice to release Mrs. Alexander on bond, but, on

instructions from its Central Office, it declined

to do so.

' As a matter of fact, the Immigration authori-

ties have already discussed travel arrangements

with Mrs. Alexander and it is quite possibile that

she will depart. for Canada, via New York, on

March 30.

Following is a copy of the eloquent letter Mrs. |

`Alexander sent to the Canadian Consulate Gen-

eral on March 7, 1951, outlining her case. It tells

a vivid story of conditions in the Immigration

Service detention quarters:

"As I explained to your Vice Consul over the

telephone, I am a Canadian citizen, born in Mont-

real, Quebec, who crossed the border into the

United States at Blaine, Washington, towards

the end of September, 1950.

"On November 10th I was served with a war-

rant by the United States Immigration Service

officer at Reno, Nevada, charging me with vio-

lating `The Immigration Act of May 26, 1924, in

that, after admission as a visitor she has re-

mained in the United States for a longer time -

than permitted under said Act or regulations

made thereunder' and "The Immigration Act of

May 26, 1924, in that. she remained in the United

States after failing to maintain the exempt

status, under which she was admitted, of a visitor

for pleasure.'

"T waived counsel at my hearings, readily ad-

mitting my culpability in the matter. In doing

so, as I informed the Immigration officials, I

hoped to hasten my deportation to Canada, and

was, in fact, promised that the matter would be ~

settled expeditiously and with a minimum of

inconvenience to my baby, an innocent party in

the proceedings. I should add that my baby was

born in Montreal of an American father, whom I

have since divorced.

"At the time of my entry into.the United States

I was under the strong impression that my de-

cision to return to the United States was made

after careful consideration. I realized shortly

afterwards that I had been guilty of acting on

impulse under great emotional stress, and that

no actual planning had gone into the move. I

may properly be charged with having behaved in

half-witted fashion; I may not, in truth, be

charged with criminal intent.

"I was in the position, on my return to Reno,

of having been offered a job by an attorney,

whose aid I hoped to enlist, before the expiration

of my visitor's permit, in an effort to remain in

the United States on a permanent basis. After

several days, it became obvious that the proffered

job was not forthcoming, and I found myself

stranded with my baby. I managed to obtain a

Continued on Page 4, Col. 2)

Page 2

Urge Law Easing Entry

Of Ex-Communist Aliens

ACLU has asked passage of legislation which

would ease the entry into the United States of

all ex-Communist aliens.

The statement was contained in the testimony

of the Union presented in Washington, D. C., be-

fore joint hearings of the Senate and House

Judiciary subcommittees on bills to amend im-

migration and naturalization laws.

Edward J. Ennis, former Asst. U. 0x00A7. Attorney

General and present chairman of the Union's

Alien Civil Rights Committee, took issue with a

proposed amendment which would restrict entry

a Sov eee only if it were "in the public

interest."

"If their renunciation is in good faith," Mr.

Ennis stated, `then there is no justification for

this gpecial burden on them, since their capacities

to become acceptable U. S. residents and citizens

is aS great as any other potential immigrant."

He pointed out that if such strings were attached

it would only cover a "few well-known authors

and political figures. It is doubtful that the

average person who has become disillusioned with

_ Communism or Fascism ... will be at all benefited

by this provision so long as the `public interest'

requirement remains."

The ACLU endorsed lifting of the bar of non-

admittance to "nominal'' members of totalitarian

or Communist groups, but asked that this pro-

vision be expanded to exclude membership by

pears under 16 years of age. The age limit is

now 14. :

Citing the much-publicized Ellen Knauff case,

Mr. Ennis urged revision of the law which now

permits the Attorney General to deny hearings

to excludable aliens barred as poor security risks.

The ACLU spokesman admitted the Supreme ~

_ Court had held there was no constitutional right

to such a hearing, "but we feel as a matter of

justice and fairness such a hearing should not

be denied."

Mr. Ennis expressed the ACLU's opposition to

_ deportation of aliens, formerly members of Com-

"smunist or totalitarian groups. "If one believes

that the purpose of freedom of speech is to per-

suade, and that people can be changed from pre-

viously held totalitarian beliefs to democratic

ones, then this provision does a disservice to that

concept."" He went on to state the ACLU's con-

tinued opposition to deportation of aliens who

still are members of the proscribed organizations.

"Our position," he said, "is hardly based on any

love of Communists, Fascists, or other totalitar-

ians. It rests on our fundamental concern for

the preservation for all persons of the freedoms

guaranteed by the spirit and letter of the Consti-

tution regardless of how deviant, obnoxious, ab-

horrent or stupid the beliefs or political associa-

tions of such persons may be." Any security

threat posed by the Communists should be met

by "proper and wise legislation directed at the

threat and not by making a distinction based on

the status of citizenship."

On the question of admitting aliens, the Union

endorsed the extension of quotas to all Asiatic

countries, "thereby removing the present un-

desirable racially discriminatory measure directed.

against the inhabitants of such countries." It

also strongly supported a section eliminating race

as a bar to naturalization.

L. A. "Little McCarran' Law

Declared Unconstitutional

Los Angeles county's "Little McCarran" ardi-

nance was declared unconstitutional by the unan-

imous decision of the Appellate Department of

the Superior Court on February 27. The law

required every person residing in, traveling

through, or doing business in the County of Los

Angeles, who is a member of any communist or-

ganization, to register with the Sheriff.

The Court found the ordinance violates the

constitutional guarantee against self-incrimina-

tion. "Compliance with the ordinance," said the

court, "would amount to a virtual confession that

the registrant had violated the so-called Criminal

Syndicalism Act."

The ruling was made in two cases of persons

who had been arrested for failing to register,

Lower courts had found the law to be unconstitu-

tional, but the County appealed.

"The protection afforded," said the court, "in-

cludes but goes beyond the assurance to a de-

fendant on trial in a criminal case that he will

not be compelled to testify against himself.

"The protection intended applies even before

the commencement of a criminal case and secures

one who may reasonably be expected to be a de-

fendant from furnishing ammunition to be used

against him."

AMERICAN CIVIL LIBERTIES UNION-NEWS

Support of Administration's Armament Policy

Becomes Tesi of Loyalty

Whether or not a federal employee supports

the administration's present armament policies

appears to be one test of his loyalty to the United

States. This was disclosed in the course of a hear-

ing before a panel of the Regional Loyalty Board

of the Civil Service Commission composed of At-

torney Philip H. Angell, chairman; Attorney Clar-

ence EK. Patty, and Judge Bradford Bosley. The

hearings were concluded on February 23, 1951,

and a decision is still being awaited. The question-

-ing was conducted by Mr. R. H. Memering, the

board's examiner.

Mr. Memering: Are you in sympathy with the

Government's present policy of general rearma-

ment?

Mr. Besig: Now, what is the policy he is being

asked to express an opinion upon-the expendi-

tures of --

Mr. Angell: Let's read the question. (Reporter

reads question.) I think it is perfectly clear. If

you wish to state your objection, you may.

Mr. Besig: It seems to me that a question of

this type is not specific enough. What is meant

by `"`the Government's present policy?" ...

Mr. Memering: The question isn't involved. I

am referring to such things as this: There is a

great deal of debate going on about the draft,

whether the age limit should be raised or lowered;

we have `the economic stabilization set-up that is

going to bring back the War Manpower Commis-

sion or something similar to it and the increasing

and spending of billions of dollars for more arma-

ments; in other words, the country, the Govern-

ment today is of the opinion that it is facing a

serious emergency and as a result is trying as

rapidly as it can to prepare for that eventuality.

My question is: Are you in favor of it?

Mr. Besig: To which I object, Mr. Chairman.

It has no relation to the issue that is before this

Board as to whether or not the respondent is a

L. A. `Loyalty Oath' Will Be

Passed on by Supreme Court

On March 6 the U. S. Supreme Court agreed

to hear the Garner case challenging the constitu-

tionality of the City of Los Angeles' loyalty oath

ordinance. That ordinance requires all city em-

ployees and elected officials to take an oath de-

claring (1) that they do not advise, advocate or

teach the forceful overthrow of the government;

(2) that they do not now and during the preceding

five years have not been members of such groups,

and (3) that while they remain city employees or

officials, they will not become members of such

groups. In addition (4) the employee or official

is required to declare whether he is or was a

member of the Communist Party or the Commu-

nist Political Association, and, if so, the period of

such membership.

Seventeen employees refused to comply with

the ordinance and were discharged. On July 19,

1950, the Second District Court of Appeal unani-

mously affirmed a Superior Court decision up-

holding the dismissals. Subsequently, the Califor-

nia Supreme Court denied a hearing by a 4-3 vote.

The State's Levering Act is similar to the Los

Angeles ordinance, but does not apply to elected

officials. The former also provides for conscrip-

tion of civil defense workers but requires no

statement as to Communist Party membership.

Another difference is that the Levering Act re-

quires the public employee to name any organiza-

tion advocating the violent overthrow of the gov-

ernment to which he has belonged during the five

years preceding the taking of the oath.

Race Discrimination Banned

In City-Aided Housing

New York's City Council and Board of Esti-

mate have passed the Brown-Isaacs bill which

bans discrimination in all city-aided housing

projects. The bill covers any private housing de-

velopment that obtains tax exemptions or finan-

cial help from the city or its agencies.

First introduced last September, the measure

admittedly had as its target the alleged discrim-

inations at Stuyvesant Town, Metropolitan Life's

huge project on Manhattan's lower east side. The

buildings have a 25-year partial exemption from

city taxes.

The bill forbids any discrimination or segre-

gation because of "race, color, creed, religion,

national origin, or ancestry.'' Violators are liable

to fines of $500.

Before Federal Board

loyal Federal employee. I dare say we could get

different oe

Mr. Angell: Don't argue your objections, Mr.

Besig; state them for the record so you have them

preserved in the record; and you will now answer

the question, Mr. SoG

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Mr. Memering: Do you feel that this country

is at the present time facing a crisis as a result of

Russia's foreign policy? ;

After Mr. Angell ruled that the question was

speculative, the question was clarified as follows:

`Mr. Memering: There are many people in this

country who believe that this nation is facing one

of the greatest, most terrible threats it has ever

faced in its history. That threat and that danger

is Soviet Russia. Many of us feel that we are sit-

ting on the edge of a powder keg that might blow

up and put us in a shooting war with Russia at

any time, and for that reason we are preparing as

rapidly as we can for that eventuality. That is

the emergency that I have in mind, and that is

what I meant when I used the term "emergency."

Now, is that the same thing that is in your mind

when you use the word "crisis?"

Mr. Besig: Now, Mr. Chairman, I just want to

object to this type of questioning.

Mr. Angell: Well, state your objection.

Mr. Besig: It has no relationship to the ques-

tion of loyalty.

Mr. Angell: Now state your objection.

Mr. Besig: My objection is that the question -

is not relevant to the issue of loyalty. If it is an-

swered one way or another way, it doesn't neces-

sarily imply that the man is loyal or disloyal.

Mr. Angell: Mr. Besig, this is not a trial; this

is an inquiry into whether there is any reasonable

ground to believe Mr. disloyal; and the Gov-

ernment is a prospective employer and entitled to

know in full Mr. 's views, his beliefs, and his

attitudes toward the present crisis in this coun-

try; and I think the inquiry is entirely pertinent.

Sex Education In the Schools

= B :

ls Communist Plot, Says Burns

`Donald Nichols, Hillsborough engineer, has

been waging a one-man fight against sex educa-

tion in the San Mateo Union High School. Re-

cently, Mr. Nichols released to the press a letter

he had received from Sen. Hugh M. Burns of

Fresno, chairman of the State Senate Un-Ameri-

can Activities Committee. The letter reads, in

part, as follows: 0x00B0

"We believe Communist influences are support-

ing this emphasis on sex education in the schools.

... This is an attempt of Communists to break

down the family unit.

"Many textbooks used in these courses have |

been written by Communists and fellow travel-

ers.''

Executive Committee

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

Vice-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

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

ee

{ares

Civil Liberties Involved in

Recent High Court Decisions

The U. S. Supreme Court recently decided two

cases of importance to individual civil rights.

In upsetting a contempt citation against a

Department of Justice subordinate official who

had refused to obey a subpoena ordering the pro-

duction of papers in his possession, the court

stated in an 8-0 decision that this could not be

construed as permitting the Attorney General to

- constitutionally decide on what conditions he

might produce government papers in court. The

case involved the appeal of gangster Roger Touhy,

now serving a 99-year sentence for kidnapping,

who wanted to prove his conviction was the re-

sult of fraud. The court upheld in this case the

right of the Justice Department official not to

produce the papers. Justice Felix Frankfurter

pointed out that the opinion implied that the

Attorney General must he able to be reached by

legal process when the question of presenting

papers arises. In civil liberties circles the decision

was not taken to mean that the FBI can keep

its records secret in criminal cases.

In a new ruling on the privilege of self-in-

crimination, the high court held that unless a

witness raises the privilege the first time she is

asked an incriminating question she cannot later

invoke this constitutional protection. The court

affirmed a four-month contempt sentence for Jane

Rogers, admitted former treasurer of the Denver

Communist Party. She had refused to identify

the person to whom she admittedly gave Party

records. Chief Justice Vinson, stating that Mrs.

Rogers' claim of privilege of self-incrimination

was pure afterthought, pointed out she did not

raise this point until one day after the question

was first asked. He added that Mrs. Rogers had

already admitted activity in the Party, and there

was no real danger of incrimination by answering

details.

Justice Hugo Black, in a dissenting opinion,

argued that Mrs. Rogers asserted the privilege

as soon as she knew of it, and that witnesses

might now lose the privilege by answering a single

question considered incriminating.

Commenting on the Rogers decision, ACLU

_ staff counsel Herbert Monte Levy said, "It will

paradoxically result in limiting results of congres-

sional and other investigations. Attorneys will

now have to caution their clients against answer-

ing some incriminating questions they are willing

to answer lest they be faced with contempt cita-

tions for refusing to answer more detailed ques-

tions on the same matter which they are not

willing to answer."

U. C.REPORTS AVAILAB

LE

The Interim Report of the Committee on Aca-:

demic Freedom to the Academic Senate, Northern

Section, of the University of California, is now

available at either the A. S. U. C. store on the

Berkeley campus or the Campus Textbook Ex-

change, 2470 Bancroft, Berkeley. Single copies are

50c.

The results of the loyalty oath controversy at

U. C. are surveyed under the following topics: 1.

Loss of staff. 2. Disruption of program. 3. Reac-

tions in the profession. 4. Refusals of offers of

appointment at this University. 5. Resolutions of

learned societies.

"From the injury thus far done it," says the

Report, "the University will not, in the opinion of

your Committee, soon recover. Any hope that the

controversy will of itself `blow over,' that the

ejected colleagues will be forgotten, the power to

attract great scholars of itself return, the morale

and program of the University be restored by

time, seems illusory. Until the 26 are fully re-

stored, there can be in this faculty no peaceful.

progress and in the profession at large no removal

of the interdict. Let no one be deceived on this

point. Only when this step has been taken, and

when the Regents and faculty have in mutual con-

fidence taken, and when the Regents and faculty

have in mutual confidence arrived at a just and

stable agreement on the meaning of academic ten-

ure, can the process of decay be arrested. Such an

agreement might, indeed, almost warrant the pain

and cost which the University has suffered in the

past year and one-half. For not only could it go

far to resolve the present distress, it would almost

certainly provide a model for other faculties and

their governing bodies and so replace the Univer-

sity in its rightful position of leadership. Mean-

while, and in lack of these measures, there is

every indication that the University is fated to

continue a tragic course toward bankruptcy in

those resources of repute, intellectual power, and

integrity which are its essential treasure."

The Union still has available copies of `Crisis at

_ the University of California, IT.'' Requests for the

publication should be sent to the ACLU, 503 Mar-

ket St., San Francisco 5, Calif.

AMERICAN CIVIL LIBERTIES 'UNION-NEWS

in TD BYERS L ay

The increase in Federal employment following

our entrance into the Korean conflict has been

reflected ky a mounting number of loyalty cases

handled by the ACLU of Northern California. Fol-

lowing is a summary of eleven cases in which the

Union has recently been active:

Three cases are scheduled for foe before

the Regional Loyalty Board of the Civil Service

Commission in San Francisco during the first

week of April. One of these cases is the reopened

hearing of a mail clerk who sought the Union's

help after the Board sustained the `charges against

him. He was charged with registering as a Com-

munist in 1932 and again in 1934, and with hold-

ing unit meetings of the Party `in his home in

1936. He lost his job as a Yellow Cab driver in

1934 for distributing Communist literature. He

is also charged with having been a subscriber to

the "People's World" and with having "expressed

favor for Communism over our present form of

Government."

A second case has been pending since the mid-

dle of December but has just been set for a hear-

ing. The employee is a typist-stenographer for

the Lahor Department. It is claimed that in the

late '30s she admitted to two fellow employees

that she had heen a member of the Communist

Party. It is also charged that she opposed our

entrv into the war until the invasion of Russia by

Germany and that while livine in Seattle she was

closelv associated with two alleged Communists.

Finallv. it is charged that on May 6, 1945, the

emnlovee attended a Mother Bloor meetine at

Moose Hall in Seattle. which was sponsored kv

the Communist Political Association, althouch

official reeards show the employee was living

outside the United States.

The third case has also been hanging fire for

a lon= time-ahout four months. Early in Decem-

her the emnlovee submitted her answers to writ-

ten interrogatories. but nothine was heard about

the ease until late last month when it was finallv

set for a hearing. It involves a young ladv of 27

who was a member of the American Student

TInion in 1938 or 1939. One summer, as a child,

her parents permitted her to attend a camp oper-

ated by the International Workers Order. Also,

while residine in the Fast, she was friendlv with

two persons who are alleged to be Communists.

Still another case is scheduled for a hearing

hefore the same board on Anvril 11. It involves a

surgical secretary emploved at Camp Roberts.

Besides charges against her husband, she is ac-

eused of havine criticized monopolies and big

business and as having stated that the solution

was the Soviet form of government. In addition,

she is charged with having stated to associates

that she once kelonged to a Communist group,

and with having attended ``a Communist meeting'

at the interracial church in Berkeley.

Two cases were recently disposed of on the

basis of answers to interrogatories. In the first

case. a Mare Island emplovee was charged with

associatine with a known Communist. a Perman-

ente Hosnital phvsician, and with subscribing to

the Peonle's World for six months at the doctar's

request. The second case involved a Justice De-

partment emplovee who was charged with asso-

ciatine with two Communists.

Hearings in two cases were held about a month

azo. In the first case, a G.I. student at U.C., who

also holds employment with the Navy, was

charged with former membership in American

Youth for Democracy, while various members of

Assai! Use of Wire Tan

Records in Crime Probe (c)

The use of wire tap records in the questioning

of Frank Costello before the Senate Crime Inves-

tigating Committee, meeting in New York City,

was assailed as

Liberties Union last month.

In a telegram sent to Sen. Estes Kefauver, the

committee chairman, Executive Director Patrick

Murphy Malin stated:

"While we have every sympathy with your

committee's objectives, we respectfully urge to

discontinue illegal use of records of Costello's

wiretapped conversations. While they may have

been obtained in accordance with New York wire

tapping law, that law conflicts with the Federal

Communications Act which prohibits wire tap-

ping. In any event, it bars the divulgence of the

conversations by you or any other Federal official.

A crime investigating committee should not be a

party to illegal acts itself. We request that you

read this statement into the record."

ACLU recently hailed introduction of a bill,

in the New York State Legislature to investigate'

extent of wire tapping.

`Sllegal" by the American Civil .

Page 3

even Federal

ty Proceedings

his family were charged with Communist activi-

ties. It was also claimed that the young man

"in conversations with associates" has indicated

his preference for the Communist form of gov-

ernment, and that in debating the U.C. loyalty

oath with fellow students, he made no denial.

when they accused him of being a Communist.

In the second case, an employee of the Fed-

eral Security Agency was charged with having

been closely associated with an alleged Commun-

ist while employed at the Alameda County Wel-

fare Department. The remaining charges are

against his wife or her family.

Two other cases will be heard at some inde-

finite time in the future by the Loyalty Board

of the Veterans Administration. The first case

involves an admitted ex-Communist, while the

second case concerns a woman who at one time

was associated with various Communist "front"

groups.

Scheduled for an appeal hearing before the

Loyalty Review Board on April 12 is the case of

a messenger employed by the Veterans Adminis-

tration. The Regional Loyalty Board dismissed |

the employee after hearing charges that he had

subscribed to Communist publications and with

supporting the California Labor School. He was

on

charged with admitting to associates that he was -

a Communist and that he was sympathetic to the

principles of Communism. Finally, he was charged

with being "an intimate friend and associate of"

three named persons who were alleged to he.

Communists.

Assembly Adds Levering

`Oath To Calif. Constitution

The California Assembly last month adopted

A.C.A. No. 9, which places the Levering Act

oath in the State Constitution. The measure has

now been referred to the Senate Constitutional

Amendments Committee and its final passage by

the Senate seems almost certain. If it is adopted it

will be submitted for a vote of the people at the

1952 general election, unless there is an inter-

vening special State election.

The new oath would read as follows:

EL ee , do solemnly swear (or

affirm) that I will support and defend the Con-

stitution of the United States and the Constitu-

tion of the State of California, against all ene-

mies, 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 California; that I take this obligation freely,

without any mental reservation or purpose of

evasion; and that I will well and faithfully dis-

charge `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 now

advocates 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 (or affirmation) I have not

been a member of any party or organization,

political or otherwise, that advocated the over-

throw of the Government of the United States

or of the State of California by force or violence

or other unlawful means except as follows:............

oe Ee es (If no affiliations, write in the

words `No Exceptions') and that during such

time as [ hold the office of .. 2...

(name of office) 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 un-

lawful means."

Unlike the Levering Act, the proposal makes

no mention of conscripting public employees for

civil defense work.

Ban On `Miracle' Challenged

In Court Proceeding -

Two affiliates of the American Civil Liberties

Union have called upon the Appellate Division of

the New York Supreme Court to overrule a state-

wide ban on.the motion picture, "The Miracle."

In. so doing the ACLU groups attacked the

very constitutionality of the state law under

which the Motion Picture Division of the State

Education Department first licensed the film

nearly two years ago. They thus reaffirmed a

long-standing ACLU tenet; that state censorship

of movies violates the free press guarantees of

the First and 14th Amendments.

Page g

AMERICAN CIVIL LIBERTIES UNION-NEWS

a

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

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

-151a

ACLU Supports Teaching by

_ Members of Religious Orders

The American Civil Liberties Union has urged

_ that members of religious orders not be barred

from teaching in public schools, but that wearing

of religious garb by teachers be prohibited in

these classrooms.

The Union's position was contained in a

"friend of the court" brief filed in the New Mex-

ico Supreme Court which is deciding an appeal

from a state district court ruling barring 139

Roman Catholic priests, brothers and nuns ag

teachers from public schools, and prohibiting state

distribution of free textbooks to parochial schools,

transportation of parochial school students in

public school buses and use of church-controlled

property for public school use, The Free Schools

Committee of Dixon, N. M., who brought the

original suit, filed the appeal in seeking to extend'

the lower court's ruling to cover all Catholic

priests and nuns, and to outlaw wearing of relig-

ious garb. The Catholic Church cross-appealed,

asking the court to set aside the lower court

ruling.

Disqualification of members of religious or-

ders as teachers is unconstitutional under the

First and 14th Amendments to the U. 8. Consti-

tution, the ACLU brief argued, in warning that if

the state can carry out this order against Catho-

lies, "it may, and in order to treat all sects equally

it must, disqualify members of the Protestant

Episcopal orders and ordained ministers of the

Protestant and Jewish and other faiths." |

A teacher, like all citizens, enjoys the full

freedom of the Bill of Rights, the ACLU brief

declared. While the community may expect a

standard of conduct to fit his particular responsi-

bility, "these requirements do not diminish his

liberty to be as free as any other person to par-

ticipate, in his private capacity, in religious, eco-

nomic, or other lawful movements and activities."

The question of whether or not a teacher is

permitted to teach does not "depend on his creed,

religion, ideologies and associations but upon the

integrity of his work with his students, both with- -

in and without the classroom, inside the school

system." The cardinal question is whether the

teacher has made the classroom "a pulpit of in-

doctrination of his sectarian ideas or tenets."

On the point of wearing religious garb, the

ACLU brief states that this is an intrusion of

religion in the school system, which is prohibited

by the First Amendment. "Prohibition against

wearing of religious garb by public school teach-

ers is merely the proper application of the Con-

_stitutional doctrine of separation of church and

state which tries to keep religion and government

from commingling in the public schools in order

to secure the independence of every religion and

to preserve the children in the public schools

from the influence or control of any of the many

religions and denominations." To permit wearing

of garb, the brief continues, would mean disap-

pearance of the public school which always has

had a lofty neutrality with respect to religion,

and its conversion into a competitive forum

among the various religions and sects. The brief

was prepared by R. Lawrence Siegel, ACLU at-

torney, and Pearce C. Rodney of Albuquerque,

N. M., ACLU correspondent.

ACLU Asks U.S. Check on

Arrest of Union Organizers

Patrick Murphy Malin, ACLU's executive di-

rector, has called on the Justice Department to

investigate the arrest of two CIO union organ-

izers in Dublin, Ga. ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

In a letter to U. S. Attorney General J. How-

ard McGrath, Malin said the men apparently were

arrested during a meeting with Negro workers

they were attempting to organize. The two were

held incommunicado in jail for almost a day.

"If these facts are true," Malin said, "then

this incident seems to be another in a series of

incidents to prevent organization efforts in certain

southern communities.

"We feel," Malin said, "that an investigation

of this incident, and other incidents similar to it,

may very well be justified in light of the coercive

effect that these actions have on the federal right

to organize freely."'

Immigration Service

Baby for 3} M

(Continued from Page 1, Col. 3)

job, and hoped eventually to be able to pay our

passage to Canada.

"The Reno Immigration authorities generously

allowed me my freedom on my own recognizance

until such time as I would be transported to San

Francisco, and I was able to continue working

and supporting my child.

"On the morning of December 13th, my baby

and I were brought to San Francisco, where we

were placed in detention to await the official de-

portation order.

"On December 21st, a decision was rendered

in Washington and an order forwarded to San

Francisco that I be deported. I waived an appeal,

and, reasonably, I believe, expected to be re-

turned to Canada in short order.

"Close to three months have gone by. After

pressing officials here for some considerable time

for an explanation of my continued arbitrary con-

finement, I finally elicited the information, un-

officially, that some other agency of the United

States Government was considering my prosecu-

tion on a charge of a false claim to United States

citizenship.

"I find no quarrel with the United States Gov-

ernment in the laying of this or any other charge

against me. My contention is that if the United

States Government, or its proper agency, feels

that Iam guilty of a misdemeanor, real or alleged,

then let it by all means place a charge against me

so that I may attempt to defend myself in a court

of law. If, on the other hand, the Government, or

its agency doubts that there may be any justifi-

cation in such charge, then I want an immediate

end put to the unnecessarily drawn-out and cruel

confinement of my baby and myself.

"As a reasonable human being, I cannot bring

myself to believing that when the building at 630

Sansome Street was conceived as a place of deten-

tion for immigrants it was intended to be used as

anything but an overnight resting place, or, at

most, a week's stay. To detain human beings for

months on end in such woefully cramped quart-

ers, lacking outdoor or indoor recreational or oc-

cupational facilities, is a cruelty not worthy of

the American people. It is stressed by local immi-

gration officials that these detention quarters

do not in any way represent a penal institution,

that punitive measures are outside the scope of

the Immigration Service. Yet, ask anyone who

has spent several months here how he or she re-

gards these quarters and invariably the answer

will be: `This is a jail.'

"I specifically cite the following difficulties

which have plagued me in the 84 days I have

spent here thus far:

"1. Lack of outdoor exercise or recreational

area. The only outdoor space available to detainees

is a tiny roof patch, with high walls which effec-

tively keep the area shaded from the sun at all

hours but enclose and enlarge the slightest breeze

to brisk wind dimensions, whipping the grime on

the roof around one's luckless head. After a rain,

the roof is dotted with muddy pools for three or

four days. In my three months' residence, I have

witnessed the roof porch being tried only twice,

to be deserted after a few moments, by individuals

who craved fresh air and sunshine as a thirsty

man craves water. Despite these drawbacks, I

have attempted on several occasions to lure my

daughter onto the porch but the prospect of

looking at bare walls apparently does not interest

her. After some weeks of this-and seeing my

_ baby's normally red, glowing cheeks take on an

unhealthy and unnatural pallor, I implored the

officials to arrange that my baby be taken out

of doors frequently. In two months' time she had

three outings.

"2. Lack of proper diet. After I discussed the

matter with officials, it was arranged that I be

- permitted to use the staff kitchen in the women's

detention quarters for the preparation of an ade-

quate breakfast for the child. (I have spent close

to $30 in purchasing additional food suitable for

a child, which could not be obtained from the

main kitchen). Other feeding arrangements have

been made, after some misunderstanding and

confusion that consumed much time, which are,

considering the limited facilities, adequate for

the time being. However, I stress the fact that I,

her mother, am in no position to regulate the

child's diet while detained here, but must rely

on a Selection of available food which I consider

would be least harmful to my baby. Thick gravies,

hot sauces, and vinegar grace the salads and

entrees. An adult can cope with these, perhaps,

"but not a baby. Pork and pork derivatives, beans,

potatoes, and rice are the staples in our diet,

served for lunch and dinner day after day. Faced

with so heavy a diet, a lack of variety, and the

absence of daily, normal outdoor exercise, my

baby's appetite has lagged abnormally, and I

fear for her health and growth.

"3. Danger of infection. New arrivals from

foreign ports, at times daily and in quantity, open

avenues of infection that may prove extremely

serious to a baby. A case of measles was not

discovered until the morning following the arrival

of a new boatload of people and after contact had

been established with many others. My baby and

`I have spent three days at the Marine Hospital

because of some illness she had contracted here,

and it was six weeks before she recovered com-

pletely. She has suffered a bad cold, a virus cough,

inflamed tonsils, and an eye infection. I, myself,

have contracted some loathsome tick several

weeks after being brought here, and have known

at least another case of. an infection contracted

in these quarters.

"4. Lack of adequate staff. With the exception

of three or four occasions that I can recall off-

hand, there has been only one matron on duty at

all times. The matron is required to be away from

her office on routine duties such as escorting

detainees back and forth, bringing patients to see

the doctor, etc., and is often away for long periods

at a time. When there is a shortage of staff on

the floor below, in the men's quarters, the matron

is asked to fill in. This leaves the women's

quarters completely without assistance at all

hours of the day, and, in the event of a sudden

emergency, we are absolutely helpless, there being

no way of communicating with others in the build-

ing either by telephone or through an unlocked

door. On two occasions, when my baby needed

prompt first aid treatment, the matron on duty

was unavailable.

"5. Lack of indoor recreational facilities. With

the exception of a few juvenile books, some ma-

gazines, and a few jigsaw puzzles, those of us

who neither knit nor crochet are hard put to it

to occupy our free time to some advantage.

"6. Lack of playmates for my child. To a grow-

ing, active, healthy-minded child the lack of play-

mates of comparable age is a serious disadvant-

age, which, if continued over too long a period,

may produce a badly introvert child.

"7. Limited laundry facilities. There are only

two washtubs and four short lines available in

the laundry room to service a crowd of women

and children numbering at times upwards of one

hundred.

"T have recited above only the more obvious

obstacles I have had to contend with. There are

numerous others, such as occasional! brutality in a

matron or guard, the lack of dignity in our status,

the growing despair, the careful censorship of

letters and phone calls. The strain of living under

such restrictive conditions for so long a period

with a growing child to whom I cannot give the

loving and proper care which is her birthright

is beginning to undermine my health, my strength,-

and my character. What is vastly more important,

these same symptoms are beginning to show in

my baby and I desperately fear for her welfare.

"T place my case before you in the hope that

the Canadian Embassy in Washington may deem

that there is sufficient evidence therein to warrant

an appeal to the United States Government for

expedition of my case." oe

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