vol. 17, no. 10

American

Civil Liberties

Union-News

Free Press

Free Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVII

SAN FRANCISCO, CALIFORNIA, OCTOBER, 1952

Dr. George Hedley

Will Discuss "Security

The annual membership meeting of the American

L

of Mills

College

In Freedom'

Civil Liberties Union of Northern California,

marking the 18th anniversary of the branch, will be held at the Marines' Memorial Theatre, 609 Sutter

Street, San Francisco (at Mason),

Friday evening, October 17, at 8 o'clock. Dr. George Hedley,

Mills College chaplain and Professor of Economics and Sociology, will give the main address. His

subject is "Security in Freedom."

The Rt. Rev. Edward L. Parsons, chairman of

the Union's local Executive Committee, will pre-

side at the meeting. An added item on the program

will be a report concerning the Union's work by

Ernest Besig, the Union's local director.

Dr, Hedley has been associated with Mills Col-

lege ever since 1940. Besides being a teacher and

chaplain, he is noted as a lecturer and author. Be-

tween 1936 and 1941 he was director of the Pacific

Coast Labor School. Many persons will remember

his account of the San Francisco general strike

entitled, "The San Francisco Strike as I Have

Seen It."

Dr. Hedley was born in Tientsin, China, and ed-

ucated in China, England and the United States.

He holds four college degrees.

For the first three months of 1935, Dr, Hedley -

served as the first director of the ACLU of North-

ern California, succeeding Chester S. Williams,

who had served for almost three months as or-

ganizing director. Dr. Hedley not only has a keen

interest in civil liberties, but he is an eloquent

speaker.

_ The Union hopes that its members who reside

in the Bay Area will make a special effort to

attend the meeting and that they will make it an

occasion to invite their friends. There will be an

opportunity for questions after Dr. Hedley's

address.

There is no admission charge. Over 600 seats

are available. The meeting is open to all. who are

interested.

No Redress For Unauthorized

Use of Name and Picture on TV

A person's civil liberties are not violated

through unauthorized use of his name or picture

on a television program immediately before or

after a commercial announcement, according to

the New York State Court of Appeals.

"Unless the plaintiff's name or picture were in

some way connected with the `commercial' the

mere fact of sponsorship of the telecast would not,

in our opinion, suffice to violate" a law which en-

titles a person to damages for use without per-

mission of his name or photograph for advertising,

the court ruled.

The plaintiff in this case was Arsene Gautier,

who entertained between halves of a professional

football game in Washington, 1948. Because his

performance was televised to the New York area

on a sponsored program without his permission,

Gautier sued Pro Football, Inc., (owner of one of

the teams, the Washington Redskins) ; the

American Broadcasting Company (the TV out-

let); the Liggett and Myers Tobacco Company (the

sponsor); and the Newell-Emmett Company

(agency which handled the advertising) .

Gautier's standard contract, negotiated with

Pro Football, Inc, by the American Guild of

Variety Artists, prohibited televising of his act

without written consent and approval by the

Guild. Although apparently such consent was not

sought or obtained prior to televising of the game,

the court concluded that Gautier had no redress

under the civil rights law. It thus upheld a lower

court ruling on the case.

FACTS ABOUT THE MEETING

Time: Friday evening, Oct. 17,. at 8 o'clock.

Place: Marines' Memorial Theatre, 609 Sutter

St., San Francisco (corner of Mason St.)

Subject: "Security In Freedom." Also, report

on the state of the Union.

Chairman: Rt. Rev. Edward L. Parsons.

Speakers: Dr. George Hedley

Ernest Besig, report.

No admission charge

Public invited

ACLU Opens Wash. Office

And Hires Special Counsel

The ACLU last month announced the opening

of a Washington office and the appointment of

Irving Ferman, New Orleans attorney and writer,

as its director.

At the same time, the Union stated that Clifford

Forster, former ACLU staff counsel, has rejoined

the ACLU staff as special counsel. Forster will be

in charge of anti-censorship activities, legal rela-

tions with the organization's affiliated branches,

and the development of ACLU's volunteer legal

corps throughout the country.

Ferman, 33, graduated from New York Uni-

versity in 1951, served in the Army Air Force for

three years and was graduated from Harvard Law

School in 1948. He was a member of the New

Orleans law firm of Provensal, Faris, and Ferman,

where he specialized in labor law.

Forster, 39, was graduated from Yale Univer-

sity in 1935 and from the Yale Law School in 1938.

He served as ACLU's staff counsel from 1941 to

1950. He is a member of the Board of Directors

of the International League for the Rights of

Man, and chairman of the American Committee

for Paix et Liberte, which is connected with the

French committee of the same name. The group

iB the largest anti-Communist organization in

G.l. Atheist Denied U.S.

Citizenship By Federal Court

Wladyslaw (Walter) Plywacki was denied citi-

zenship by U.S. District Judge J. Frank Mc-

Laughlin in Honolulu on August 28 on the ground

that he is an atheist. Plywacki had objected to

the oath of allegiance which concludes with the

declaration, ``So help me God."

"Our government, you know, is founded upon

a belief in God," said Judge McLaughlin in deny-

ing the petition. "You are asking to be a part of

that government on your own terms. There is no

equivocation about citizenship. It is a privilege

not a right." Judge McLaughlin concluded that

the oath "must be taken as prescribed by Con-

gress."

If there can be no deviation from the statutory

oath, then not only atheists but Quakers will be

barred from citizenship. Recently, a Quaker was

admitted to citizenship in San Francisco. Judge

Louis Goodman allowed her to affirm.

At the time the ruling was made Plywacki was

completing almost four year's service in the

United States Air Force. The day he was denied

citizenship, he was flown to the mainland for'

almost immediate discharge in New Jersey. He

intends to make his home in California.

Plywacki was born in Lodz, Poland, 23 years

ago. When Hitler's armies overran Poland, he

and the other members of his family were placed

in concentration camps because they were Jews.

Only he and his brother survived. Both are now

in the United States.

Walter Plywacki, as he is known, entered the

United States by stowing away on June 13, 1947.

After being detained for six months on Ellis

Island, Congress adopted a private bill introduced

by Senator Francis B. Meyers of Pennsylvania,

granting him legal entry into the country. Shortly

after, on December 3, 1948, he enlisted in the Air

Force, while last January he filed his petition for

naturalization.

At the time of his interview by the Naturaliza-

tion Examiner in Honolulu, Plywacki called atten-

tion to his unwillingness to take the standard oath

of allegiance. He was advised to compose an ac-

ceptable version and present it to the court on

August 28.

In a letter to the Union following the rejection

of his petition, Plywacki declared, "I treasure the

possession of United States citizenship, beyond

and above a multitude of things. Therefore I wish

that the oath designed to admit me to the full

fledged position of a U.S. citizen should be as bind-

ing on me as possible; a solid foundation upon

which one may build safely. That this may be so, I

should be allowed to swear upon the beliefs and

nee which I do cherish, rather than those I

on't.

"I felt a deep sense of personal loss when Judge

McLaughlin announced, `Petition for naturaliza-

tion of Wladyslaw Plywacki refused.' Yet at the

same time I was greatly elated. I had exercised

my freedom of thought and speech in public and

there are no retributions. This is indeed freedom.

This is only an added incentive for me to become

a good, active citizen of the United States."

Any appeal in Plywacki's case must be filed in

the federal Court of Appeals in San Francisco by

October 27. The Union's Executive Committee will

be asked to take formal action on the case at its

October 2 meeting.

Immigration Commission Meets

The President's newly appointed commission on

Immigration and Naturalization will hold a hear-

ing in San Francisco on October 14. This is one of

the 11 hearings being held in cities throughout the

country concerning the Government's immigration

policies. The commission is required to report to

the President by January 1.

Page 2

0x00B0 fi

Hoover Outlines FBI Role

5 ER 0x00B0 (R) (c) 6 @

in Defending Civil Liberties

Protection of the individual is as important as

the safety of the state, FBI Director J. Edgar

Hoover emphasizes.

Discussing security investigations in the lowa

Law Review (Winter, 1952, issue), Hoover writes:

"A free society must defend itself. Democracy

is not impotent. Steps must be taken to defeat the

enemy-not only on the battlefield, but here at

home,..

"The problem, therefore, is not `Shall free gov-

ernment defend itself?' but `How can free govern-

ment defend itself and still maintain the liberties

of the individual?' To disregard the individual,

to view him as meaningless and the security of

the state as all important, is equally to betray

democracy. Free government cannot be defended

by dictatorial methods-in so doing the defender

will devour the very thing to be defended... .

Our task, in this mid-century decade, is to proceed

along a path whereby we can achieve national

security and yet maintain our freedoms."

FBI agents scrupulously adhere to civil liberties

principles in conducting their various activities,

Hoover says. Reviewing their investigations of

suspected Communists in his article, "Civil Liber-

ties and Law Enforcement: the Role of the FBI,"

Hoover states:

"An individual has been investigated as an in-

dividual - no all-embracing `shotgun' approach

has been utilized: This has required meticulous,

constant and time-consuming efforts. The FBI is

not interested in what an individual thinks, but

what he does to undermine the nation's security-

not in his ideas, but his deeds. A man may think

what he desires, he may read what he desires, he

may have faith in what he desires-that is his

right in a democratic society. The FBI has no

concern about his thoughts-only when they are

translated into action which results in a violation

of a federal law over which the FBI has jurisdic-

tion. Then the FBI will investigate."

Hoover cites as an example of the "validity" of

the FBI's "purposive and discriminate" investiga-

tions which safeguard civil rights the conviction

of 11 top Communist leaders after a long trial in

New York.

"The FBI operates on the highest code of

ethics," he adds, `attempting to fulfill its respon-

sibilities yet, in every iota, respecting the civil

rights of the individuals. involved. This means

that Special Agents not only observe the letter but

also the spirit of the law, not only the basic rights

guaranteed to the individual by law, but also the

rights implied in the American tradition of demo-

cracy."

"Hnemies" of civil liberties in law enforcement

Hoover listed ag "poorly trained officers; lack of

community interest in providing adequate salaries,

equipment and personnel; corruption within the

profession, though involving only a very small

minority, yet paralyzing in its effects; failure to

keep pace with up-to-date crime detection methods.

- "These make for poor quality law enforcement

and allow abuses of civil liberties," he writes. ""We

can have the Constitution, the best laws in the

land, and the most honest reviews by the courts-

but unless the law enforcement profession is

steeped in the democratic tradition, maintains the

highest in ethics, and makes its work a career of

honor, civil liberties will continually-and without

end-be violated."

Free Speech Real Issue

In Kunz Case, ACLU Declares

A new court test of free speech involving reli-

gious matters has resulted from the conviction of

eight evangelists who conducted a street meeting

at Broadway and 47th Street, a busy New York

intersection, on Sunday, July 13.

In finding the eight men guilty of disorderly

conduct, Magistrate Paul Balsam announced that

he had rendered a decision only on that charge

because traffic had been obstructed and not on a

religious issue.

During the hearing, however, Emanuel Redfield

of the ACLU and counsel for the leading defend-

ant, the Rev. Carl J. Kunz, asserted that the dis-

orderly conduct charge was ``mere subterfuge" to

deny the evangelists free speech. Kunz later ob-

served that he had seen patrolmen divert traffic

around a meeting conducted by Roman Catholics

at the same place on June 21.

Kunz was arrested in 1948 on the charge of

conducting a meeting at Columbus Circle without

a permit. Defended by the ACLU, Kunz subse-

quently won acquittal in the U.S. Supreme Court,

which held that his right to free speech had been

infringed. Police who arrested Kunz for allegedly

disturbing the peace had accused him of criticizing

Jews and Catholics.

Redfield promised an appeal from the Magis-

trate Court conviction.

AMERICAN CIVIL LIBERTIES-NEWS

Proposition 6 on next November's ballot is gen-

erally coupled with No. 5 in the current election

campaign. Under the latter proposal, the Legis-

lature would set up a loyalty check program for

public employees, presumably fashioned after the

system established for federal employees under

the President's Loyalty Order. Proposition 6, on

the other hand, would require conformity oaths

of all public employees. In fact, except fora couple

of exceptions, it would place. the present language

of the Levering Act oath in the State Constitution.

Proposition 6 excludes the Levering Act pro-

vision to conscript public employees for civil de-

fense work, as well as the penal provisions of the

Act. What the proposal does is to expand the

present constitutional oath (to defend and' sup-;

port the State and Federal Constitutions, etc.) by

requiring all public employees to swear that they

do not advocate nor belong to groups advocating

the overthrow of the government by force or vio-

lence or other unlawful means; that they won't

do these things in the future, and that during the

past five years they have not belonged to groups

so advocating. If there are exceptions, they must .

be listed.

It is especially noteworthy that the oath re-

quirement applies to professors at the University

of California and State colleges.

The proponents of this measure argue that the

oath is a guarantee of the loyalty of our public

servants and that it will eliminate Communists

from government.

This argument does not hold water. Commu-

nists believe that the end justifies the means. Con-

sequently, they are the first to take an oath of

this kind. The people who are eliminated are gen-

erally those who support principles.

As a matter of fact, a conformity oath plays

into the hands of the Communists by creating dis-

sention, confusion and insecurity. That's the sort

of stuff the Communists thrive on.

Proposition 6 curtails freedom of speech and

association. The public employee must think twice

about what he says and with whom he associates

lest Someone smear him as a Communist. What "

is really achieved by this type of proposal is not

the elimination of Communists from government

but conformity on the part of public employees.

In order to protect his economic security, the pub-

lic employee must conform. If he fails to do so

he jeopardizes his security.

But a free society is built upon mutual trust.

A loyalty oath is based on suspicion. If you can't

Decision Due In Legal Attack

On `Jim Crow' Housing Ways

_A decision is expected early in October from

Superior Judge Melvyn I. Cronin of San Francisco

as to the constitutionality of the "jim crow" prac-

tices of the San Francisco Housing Authority.

The latter contends that so long as it provides

equal though separate housing to colored people

it is fulfilling its legal obligation. In other words,

it follows a policy of racial segregation.

That policy is implemented by building its proj-

ects in areas where there is no diversified racial

pattern. Then the pious declaration is made that

in their rental policies they seek to maintain the

racial pattern of the area.

The issue arises in the case of Mattie Banks,

et al v. Housing Authority of the City and County ,

of San Francisco, et al, which was filed on Septem-

ber 3 last. The case is sponsored ky the NAACP

and was argued by its very able lawyers, Nathaniel

S. Colley, Loren Miller and Terry A. Francois.

as a factor in receiving applications or assigning

tenants to public housing projects." Pending de-

termination of the issue, Judge Cronin ordered the

Authority to reserve fifteen of the 101 units for

colored people in the North Beach project which -

opened for occupancy on September 15.

The San Francisco Housing Authority operates

six permanent low rent housing projects. Of the

six, Ping Yuen, which is situated in the Chinatown

area, is reserved for Chinese, while Westside

Court, which is located in the Fillmore area, is

restricted to Negroes.

Recently, the NAACP was successful in a simi-

lar suit in Sacramento. That case was handled by

Nathaniel S. Colley. Another suit is pending in

Fresno.

Incidentally, last August the District Court of

Appeals ruled that damage suits may not be main-

tained against a white person who sells race re-

stricted property to a colored person. The case

arose in February, 1951, when Mrs. Leola Jackson

was sued by neighbors for sale of her property in

Los Angeles to a Negro family: She had signed

a racial restrictive covenant in 1944. This case

was also handled by the NAACP,

Argument Against Proposition 6,

Provides for a Loyalty Oath for Publ

hich

trust your: public servants you give them loyalty

oaths, establish a secret police and, in effect,

mimic the totalitarians. We cannot save our form

of government by aping Hitler and Stalin. Loyalty

oaths undermine the very security we seek.

As Gov. Stevenson put it in vetoing the Broyles

bills: "The whole notion of loyalty inquisitions is

a natural characteristic of the police state, not of

democracy. Knowing his rule rests upon compul-

sion rather than consent, the dictator must always

assume the disloyalty, not of a few but of many,

and guard against it by continual inquisition and

`liquidation' of the unreliable. The history of

Soviet Russia is a modern example of this ancient

practice. The democratic state, on the other hand,

is based on the consent of its members. The vast

majority of our people are intensely loyal, as they

have amply demonstrated. To question, even by

implication, the loyalty and devotion of a large

group of citizens is to create an atmosphere of

suspicion and distrust which is neither justified,

healthy nor consistent with our traditions."

VOTE "NO" ON PROPOSITION NO. 6.

Sociologists' Group

Condemns Loyalty Oaths

One of the reports presented at last month's

convention of the Society for the Study of Social

Problems was a paper on loyalty oaths, prepared

by the Society's Committee on Standards, and

Freedom of Research, Teaching, and Publications.

Here are some of its highlights:

The right to dissent lies at the heart of democ-

racy. "The ultimate allegiance of mature men and

women ... is to truth, and loyalty is not some me-

chanical process of saluting or of verbal mumbo-

; Jumbo, but is a process of continual search, ques-

tioning, and reappraisal of accepted ideas."

Loyalty oaths have become the method used by

organizations and groups with "a narrow view of

democracy" to make their view of loyalty the

only view. This makes it possible for all forms of

bigotry and totalitarianism to use organized power

to substitute another concept of loyalty for the

democratic concept.

Sociologists must look on loyalty oaths from

the standpoint of the threat they pose for the

future of freedom of inquiry. Sociologists know

- only one sure loyalty-the devotion to truth. "Of

all the sciences . . . sociology is most endangered

by loyalty oaths and the ideology underlying

them."

One Casual In Battle Over

`sim Crow' Oakland Fire Co.

Ernest Allen, Negro fireman of Engine Com-

pany 22, Oakland Fire Department, has filed

an appeal to the Civil Service Board of Oakland

`from an order of City Manager Hassler suspend-

ing him ten days for disrupting the morale of the

` department.

Allen was one of 24 Negro firemen who re-

quested transfer from Company 22, which is en-

tirely manned by Negroes, to a station closer to

his home. He claims the Personnel Officer told

Phe NAACE Gaines thal "race sannoh be n-cd him that Negroes would not be allowed to transfer

from the segregated company. Later, that officer

denied he had made such a statement and the

disciplinary action followed. The proceeding is

obviously a retaliatory act in an effort to maintain

a "jim crow" fire department. Chief Burke, while

attacking "agitators," has made a grudging an-

nouncement that Negroes will be integrated in

the department.

The case is being handled by the NAACP.

Membership Nears 3000 Mark

The ACLU's local paid-up membership ap-

proached the three thousand mark last month.

As the "News" went to press, there were 2971

members in good standing. This represents a net

gain of exactly 1100 members during the fiscal

year ending October 31. 940 of these new mem-

bers resulted from the Union's special membership

drive. The remaining gain represents a little bet-

ter than the average growth during recent years.

In addition to the paid-up membership, the

Union also has about 270 separate subscribers

to the "News."

Lawrence

As Lecal 0x00A7

The Personnel

of the Union las

pointment of Le

Staff Counsel. M

committee held pe

candidates and ch

Mr. Speiser wk

August 29, 1923,

He is married and

He graduated f

attended UCLA

education was in

with the U.S. Ait

operating from 0x00A7

charged as a Ist

Speiser secured a

war service Mr. |

at the University

where he received

at U.C. Mr. Speis

Council and held

tive-at-Large.

Mr. Speiser sec

ings College of L

among the top 89

Thurston Society

He also contribut

journal.

Mr. Speiser we

fornia on January

has been associat

L. Berkley and C

has been a meml

and recently hanc

peal on a voluntee

Formal appoint

Counsel will take

of the Union's Ek

pected to begin |

early in October :

his present emplo:

Mr. Speiser's a

staff to four per

staff counsel ther

The latter, Marc

ployed.

The expansion

overwhelming am

which the office -

It was made pos

membership camt

Editorial R

Legion's A'

The American L

Civil Liberties Un

tion by a Congres

ist-front organiza

a large portion of '

The New York

action of the da

editorially:

"The Legion ha:

to determine whet

Union is Communi

warranted a slur

patriotic organize

equate patriotisw

and name-calling |

cannot be pointed

The Washingto

of ACLU, said, "`t

-the use of innu

the effect of a ch

charge."

Here are some

Trenton (N.J.)_

... 1s indeed a pre

on those civil liber'

Pittsburgh Pos

really stands for is

The Atlanta (G

American Legion

sight of the basic

so revere... AC

the rights of men

trial, and equality

San Francisco

ACLU... is toc

reason to believe c

by hysteria, or by

the law. It has suc

such cases over mz

There was also

of the Legion's at

World-Telegram and

"ACLU has onl:

can Legion resolu'

gation =... `Thi

whether the ACL

defense of Comm

fied as a Commu

ization. ..."

Iproyees

give them loyalty

ce and, in effect,

not save our form

ind Stalin. Loyalty

rity we seek.

etoing the Broyles

alty inquisitions is

police state, not of

ests upon compul-

tator must always

few but of many,

1al inquisition and

The history of

ple of this ancient

on the other hand,

embers. The vast

sely loyal, as they

question, even by

votion of a large

an atmosphere of

neither justified,

' traditions."

ION NO. 6.

Oaths

d at last month's

1e Study of Social

`yy oaths, prepared

no Standards, and

/and Publications.

e heart of democ-

f mature men and

ty is not some me-

of verbal mumbo-

nual search, ques-

pted ideas."

1e method used by

`a narrow view of

w of loyalty the

le for all forms of

e organized power

of loyalty for the

yalty oaths from

hey pose for the

Sociologists know

tion to truth. "Of

most endangered

ology underlying

-

le Over

i Fire Co.

of Engine Com-

rtment, has filed

Board of Oakland

Hassler suspend-

the morale of the

firemen who re-

y 22, which is en-

, station closer to

mnnel Officer told

llowed to transfer

Later, that officer

catement and the

`he proceeding is

effort to maintain

Yhief Burke, while

e a grudging an-

be integrated in

the NAACP.

3000 Mark

membership ap-

nark last month.

there were 2971

s represents a net

during the fiscal

' these new mem-

ecial membership

asents a little bet-

ring recent years.

membership, the

arate subscribers

AMERICAN CIVIL LIBERTIES-NEWS

Page 3

Lawrence Speiser Named

As Local Staff Counsel

The Personnel Committee of the local branch

of the Union last month recommended the ap-

pointment of Lawrence Speiser of Oakland as

Staff Counsel. Mr. Speiser was selected after the

committee held personal interviews with numerous

candidates and checked their references.

Mr. Speiser was born in Toronto, Canada, on

August 29, 1923, and is a naturalized U.S. citizen.

He is married and has one child.:

He graduated from Hollywood High School and

attended UCLA from 1941 to 1948. His college

education was interrupted by 31 months service

with the U.S. Air Force as a navigator on B-29's

operating from Saipan over Japan. He was dis-

charged as a 1st Lieutenant. While at UCLA Mr.

Speiser secured a letter in football. Following his

war service Mr. Speiser completed his education

at the University of California at Berkeley in 1947

where he received an A.B. degree in physics. While

at U.C. Mr. Speiser was chairman of the Welfare

Council and held the elective post of Representa-

tive-at-Large.

Mr. Speiser secured his legal training at Hast-

ings College of Law where he graduated in 1951

among the top 8% of his class. He was elected to

Thurston Society, the school's honorary society.

He also contributed an article to the school's law

journal.

Mr. Speiser was admitted to the Bar in Cali-

fornia on January 9, 1952, and since that time he

has been associated with the law firm of Thomas

L. Berkley and Clinton W. White in Berkeley. He

has been a member of the Civil Liberties Union

and recently handled a Coast Guard security ap-

peal on a volunteer basis.

Formal appointment of Mr. Speiser as Staff

Counsel will take place at the October 2 meeting

of the Union's Executive Committee. He is ex-

pected to begin his employment with the Union

early in October after he clears up his work with

his present employers.

Mr. Speiser's appointment increases the office

staff to four persons. Besides the director and

staff counsel there is a secretary and typist-clerk.

The latter, Marcia Wooster, was recently em-

ployed.

The expansion program has resulted from an

overwhelming amount of civil liberties business

which the office has been called upon to handle.

It was made possible by the successful special

membership campaign held last spring.

Editorial Reaction To

Legion's Attack On ACLU

The American Legion, in attacking the American

Civil Liberties Union and demanding its investiga-

tion by a Congressional committee as a Commun-

ist-front organization, has incurred censure from

a large portion of the nation's press.

The New York Times keynoted the general re-

action of the daily newspapers when it stated

editorially:

"The Legion has just called for a federal inquiry

to determine whether the American Civil Liberties

Union is Communist or a Communist front-as un-

warranted a slur upon a useful and thoroughly

patriotic organization as could be devised. To

equate patriotism with conformity, orthodoxy,

and name-calling is dangerous nonsense; and this

cannot be pointed out too often."

The Washington Star, in an editorial defense

of ACLU, said, "Here is the essence of the smear

-the use of innuendo and suggestion to achieve

the effect of a charge without actually making a

charge."

Here are some other press comments:

Trenton (N.J.) Evening Times: "The resolution

... is indeed a preposterous and dangerous attack

on those civil liberties which make America great."

Pittsburgh Post-Gazette: "What the ACLU

really stands for is the essence of Americanism . ."

The Atlanta (Ga.) Constitution: "In their zeal,

American Legion leaders have sometimes lost

sight of the basic principles of Americanism they

so revere ... ACLU is a group which fights for

the rights of men everywhere to free speech, fair

trial, and equality before the law."

San Francisco Chronicle: `The . purpose of

ACLU ... is to conduct a defense when there is

reason to believe civil liberties are being infringed -

by hysteria, or by careless or callous operation of

the law. It has successfully defended thousands of

such cases over many years..."

There was also some editorial opinion in favor

`of the Legion's attack on ACLU. The New York

World-Telegram and Sun stated:

"ACLU has only itself to blame for the Ameri-

can Legion resolution urging government investi-

gation . . The inquiry would be to find out

whether the ACLU, because of its conspicuous

defense of Communists, can't be properly classi-

fied as a Communist or Communist-front organ-

ization... ."

"Subversives' to Be

All tenants of public housing face a loyalty

check in the immediate future. Also, future FHA

loans will be contingent on the applicant passing

a loyalty test.

This situation comes about by reason of the

enactment by the last Congress of a rider by

Representative Ralph W. Gwinn of New York to

the Independent Offices Appropriations Act. It

reads as follows: "Provided further, That no hous-

ing unit constructed under the United States

Housing Act of 1937, as amended, shall be oc-

cupied by a person who is a member of an organ-

ization designated as subversive by the: Attorney

General: Provided further, That the foregoing

prohibition shall be enforced by the local housing

authority, and that such prohibition shall not im-

pair or affect the powers or obligations of the

Public Housing Administration with respect to the

making of loans and annual contributions under

the United States Housing Act of 1987, as

amended."

While the Attorney General has been reported

as having designated a list of organizations as

being subversive, that list has not yet been pub-

lished at this moment. The list may not coincide

with the one that the Attorney General has fur-

nished the Loyalty Review Board under the Presi-

dent's Loyalty Order. Under that order the Attor-

ney General was required to furnish the names of

organizations "after appropriate investigation

and determination" which he designated as "`to-

talitarian, Fascist, Communist or subversive, or

as having adopted a policy of advocating or ap-

proving the commission of acts of force or vio-

lence to deny others their rights under the Consti-

tution of the United States, or of seeking to alter

the form of government of the United States by

unconstitutional means."'

Only eight organizations and their subdivisions

and affiliates were listed as "subversive" under

the President's loyalty program. It will be in-

teresting to see whether the Attorney General

now feels kound by his previous designations or

whether he defines the term "subversive" under

the Gwinn rider to encompass other groups which

he classified as Communist, Fascist, totalitarian,

ete:

Thus far no regulations have been announced

as to the procedures to be followed in enforcing

the provisions of the Gwinn rider. There has been

talk in the newspapers that a loyalty oath or state-

ment will be required of tenants and that, of

course, is quite conceivable. Thus far, however,

objection can be made only to the basic law.

It seems utterly fantastic, of course, to exclude

tenants from a housing project because of their

opinions and associations. The opinions and asso-

ciations of people would seem to have little rela-

tion to their right to have a roof over their heads.

When such a comment was made by the local

dierctor last month the California Feature Service

published by Clem Whitaker and Leone Baxter

answered that "Mr. Besig is right-except for one

oversight. Which roof is he talking about-a man's

own roof or somekody else's roof? ... When a

man takes shelter under somebody else's roof he

surrenders some rights to his host. If he rents a

room in a boarding house, he subscribes to house

rules and regulations and when, to go further,

it comes to accepting the bounty to a freely pro-

vided roof from someone else, in this case the

United States government, then he must accept

dictated regulations, reasonable or unreasonable,

along with the bounty. Nothing in this world-not

even free housing-is really free!"

The ACLU has never suggested that a public

housing authority may not `make reasonable rules

Ballot Recommendations

The Union's Executive Committee has

taken the following action with reference to

propositions affecting civil liberties which

will be on next November's ballot:

No. 3-Exempting parochial schools

from taxation. Vote "No."

No. 5-Permitting the establishment of a

loyalty check program for U.C.,

State and municipal employees,

and denying tax exemption to al-

leged subversives. Vote "No."

No. 6-Placing the Levering Act con-

formity oath for public employees

in the State Constitution.

Vote "No."

No. 14-Repealing Article XIX of the Calli-

fornia Constitution, an anti-Chi-

nese section. Vote "Yes."

)

Barred From Public

riousing Projects; Regul

8 (R) e

ations Awaited

and regulations governing occupancy of either

emergency or low cost federal housing nor has it

ever suggested that similar regulations may not

be made governing FHA loans. Of course, neither

the housing nor the loans -are "free." We do

suggest, however, that a person may not be barred

either from public housing or FHA loans by rea-

son of his opinions and associations. If such mat-

ters were relevant then a Democratic administra-

tion could limit public housing and FHA loans

just to Democrats. It seems to the Union that the

government may enact such regulations as may

reasonably carry out the purposes of its program.

Surely if the Housing Authority attempted to ex-

clude Roman Catholics or Negroes, it would there-

by exceed the basic law of the land.

It may be noted that the Gwinn rider placed

responsibility for its enforcement upon "the local

housing authority."' In cases of emergency hous-

ing such as Marin City the local housing authority

acts merely as the agent for the Federal Housing

Administration, In low cost housing projects,

however, the local housing authority secures a

subsidy from the federal government if it abides

by federal law and regulations. The chances are

that in either situation uniform regulations will

be followed throughout the country in enforcing

the Gwinn rider. :

Since the rider in question was tacked on to an

appropriations act it hag only a limited life. In

fact one-fourth of its life has already expired

since it applies only during the current fiscal year

which expires June 30, 1953. Unless it is re-

enacted, the rider will not apply beyond that time.

If some loyalty statement or oath is eventually

required of tenants and they fail to abide by the

requirement after a reasonable opportunity is

given to them to do so, we assume they will be

required to leave a project. To that end a tenant

must be given 30 days notice to leave and if he

then fails to leave, an unlawful detainer action

may ke brought against him in a court of law.

The entire subject will be discussed at the next

meeting of the Union's Executive Committee and

authority will be asked at that time to challenge

the constitutionality of the Gwinn rider and any

regulations that seek to put it into effect, The .

problem with any test case is to secure a restrain-

ing order which will prevent enforcement of the

general program while the legality of the issue

is being determined. Since the life of the law is

limited, it will also be difficult to secure a ruling

from a higher court. Courts always refuse to hand

down a decision on an issue which is academic.

immig. Service Blows Hot and

Cold In Chinese Student Cases'

The Immigration Service is following a vacillat-

ing policy with reference to Chinese students

stranded here by the war situation in the Far

East. Last September nine Chinese students who

had completed their studies in the United States

sought to return to China but were intercepted

in Honolulu and served with notices not to depart

from the United States except with the Govern-

pence permission. Those students still remain

ere.

Last month, however, a Chinese student at'

UCLA, who is taking a doctorate in physics, re-

ceived a deportation hearing in San Francisco. His

student visa had expired on February 2, 1951, and

he had made a timely application for extension of

his visa. Almost a year later when no action had

been taken on his renewal application, he sent an

inquiry to the Immigration Service. Not until al-

most six months later, or May 9, 1952, was he ad-

vised `that his application for an extension had

been denied and he was, reminded that his autho-

rized stay in the United States had expired on

February 2, 1951.

The student asked the Immigration Service for

clarification of its ruling and several days later

was advised that his case was receiving "careful

consideration and you will be informed as to what

you are required to do."

On July 9 he was requested to appear at the

Immigration Service offices in San Francisco onl

July 15, and when he appeared he was served with

a warrant of arrest charging "that he is a student

who has remained in the United States for a longer

time than permitted" under the law.

Ordinarily, when the Immigration Service re-

fuses to extend a student visa the student is given

a certain length of time in which to depart. In this

case, however, no such privilege was extended.

A question was raised at the hearing whether or

not the Government was acting in good faith. It is

quite possible that after this penniless student is

ordered deported that the Government will not

execute its warrant of deportation. Under a de-

portation order, however, he can be placed on

parole and required to report.

Page 4

AMERICAN CIVIL LIBERTIES-NEWS

American Civil Liberties Union-News

Published monthly at 503 Market St., San Francisco 5,

Calif., by the American Civil Liberties Union

ef Northern California.

Phone: EXbrook 2-3255

ERNEST BESIG Editor

@ntered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879

Subscription Rates-One Dollar a Year.

Ten cents per Copy -151 "

OPEN FORUM

Editor: My wife and I are shocked and fighting

mad about this new low in attacks on civil rights.

The McCarran Bill, the President's Loyalty Check

and even the infamous Levering Act might be

accepted in an hour of hysteria as means to se-

curity, but this new plan to oust persons in hous-

ing projects because they may at one time have

belonged to one of the many organizations named

by the Attorney General is nothing less than a

deliberate attempt to discriminate against people

who hold or may have held unpopular opinions.

The new ruling also has all the earmarks of an .

attack on public housing, for it is the very under-

privileged who may entertain unpopular opinions

who house these projects, especially in large

metropolitan areas.

We are herewith changing our membership from

Associate to Annual so that by this small measure

we will help to ensure the excellent work you

people are doing.-W.J.O.

BOOKNOTES

"Cornell Studies In Civil Liberties," (Cornell

University Press): Walter Gellhorn, "Security,

Loyalty and Science" (1950), $3.00; Edward Bar-

rett, "The Tenney Committee" (1951), $5.00;

Vern Countryman, "Un-American Activities In the

State of Washington" (1951), $5.00; Walter Gell-

horn, ed., "The States and Subversion" (1952)

$5.00.

The Rockfeller Foundation, Cornell University

and Professor Robert E. Cushman, as advisory

editor, have combined to make available a series

(not yet completed) of excellent volumes dealing

with various aspects of the current governmental

activities which have been adopted to `fight the

menace of Communism. So limited, they ignore

subjects such as private blacklists. And, to a

certain extent, they are repetitive.

The various authors appear agreed that even

when the motives and procedures of the agencies

involved are of the best (which, unfortunately, has

seldom been the case), the results have been of

doubtful value. Indeed, as Professor Gellhorn

makes evident in the first of these books, positive

harm has resulted from many of the methods used,

if only by discouraging persons of independent

thinking from seeking government employment.

Too often, as the books dealing with California

and Washington demonstrate, investigators have

started with preconceptions and sought rather to

justify these than to search for the truth. Profes-

sor Countryman traces in detail the activities of

the Canwell Committee with its byproducts, the

University of Washington dismissals and the

Rader case. His sifting of the evidence bearing on

that case compels the conclusion that the New

York authorities went to startling lengths to

shield Rader's accuser, Hewitt, from prosecution

for perjury in Washington.

The pattern in California was similar, producing

also turmoil in academic circles. The frightening

aspect of all these investigations, of course, is

their readiness to accept acqusation without ade-

quate scrutiny.

These volumes point up, also, the lack of cour-

age among most legislators and administrative

officials. Refreshing, by contrast, is the strong

position taken by Robert M. Hutchins, while Chan-

cellor of the University of Chicago, described by

E.. Houston Harsha in the chapter on Illinois in

the last of these books. That volume contains sur-

veys by separate authors of the various steps

taken in California, Illinois, Maryland, Michigan,

New York and Washington. The chapters on Cali-

fornia and Washington, while duplicating in ab-

breviated form the books dealing with those states,

add some earlier material. In a summary contained

in this last kook, Prof. Gellhorn adds a few in-

stances, as in the District of Columbia, where in-

vestigations have been conducted for the purpose

of finding out the facts, rather than with a view

to sensationalism. But he warns that the pattern

is to exaggerate the evil to justify investigation

and legislation; that those who seek to apply

rational considerations are deterred because of

the hue and cry against Communism.

Osmond K. Fraenkel, Attorney,

Member ACLU Board of Directors.

A.C.L.U. Scores Five Victories

In Loyalty and Security

The ACLU recently received five favorable de-

cisions in loyalty and security cases.

In the first case, an employee of the Office of

Rent Stabilization was cleared by the Regional

Loyalty Board of the Civil Service Commission.

She was charged with having joined the Com-

munist Party sometime between 1937 and 1941

while she attended the University of California,

which she vehemently denied, and with subscrib-

ing to the People's World for a year, which she

admitted.

It was also charged that a deceased uncle, with

whom she had had little association, had been a

Communist, and that her father, who is active in

many fraternal organizations, is a Communist. He

denied the charge.

In addition, it was charged that she made state-

ments following the Communist Party line be-

tween 1946 and 1947, such as, `We are plunging

the United States into war," and that in a discus-

sion with a fellow employee she had admitted

carrying a Communist Party card while attend-

ing the University of California.

The second favorable decision was also handed

down by the Regional Loyalty Board. It affected

a mechanic at the McClelland Air Force Base who

was charged with writing several letters and

articles for the Veedersburg (Indiana) News,

`praising conditions in the USSR and criticizing

economic and social conditions in the United

States." It was also claimed he had recommended

reading of `Soviet Power' and indicated that his

views coincided with the views expressed therein.

In addition, he was charged with associating with

a Communist, subscribing to "In Fact," and stat-

ing to an associate "that the Marx theory was

the perfect form of government."

In the remaining three cases, maritime em-

ployees received Coast Guard security clearances

after appeal hearings. Two of these cases seemed

very flimsy, although the only basis for this com-

ment is the questions of the Examiner since no

specification of charges is given to the worker.

ACLU Hits Army's Loyalty

Probe of Retired General

An Army loyalty investigation of Elliot R.

Thorpe, retired brigadier general, begun after he

had criticized U.S. policy in the Far East, has

been described as a "shocking disregard for the

fundamental principle of free speech."

In a letter to Secretary of the' Army Frank

Pace, the American Civil Liberties Union called

for a public statement from the Army reaffirming

the principle of free expression, and pledging that

it would not engage in any activity "which is even

remotely connected with political affairs."

Simultaneously, the ACLU asked Chairman

Carl Vinson of the House Armed Services Commit-

tee to investigate the incident with a view to pre-

venting similar occurrences in the future.

The Union's reference to Army connection with

politics stemmed from the fact that General

Thorpe withdrew as a Republican candidate for

Congress from Rhode Island's Second Congres-

sional District after discovering that he was under

investigation. While the inquiry was begun in

November, 1951, by the Army's Counter-Intelli-

gence Corps, which Thorpe formerly headed, CIC

agents appeared in Thorpe's District several

months later and within 48 hours after his can-

didacy was announced.

The Army termed this a "coincidence." It said

that an investigation was initiated because of a

distorted version of Thorpe's talk which appeared

in a Finnish-language newspaper in Superior, Wis.

The retired officer, who served as General Mac-

Arthur's intelligence chief during the war, said

in his speech that because of the peace treaty

Japan had a critical shortage of food growing

areas; that a more effective program was needed

to fight Communist domination in the Far Hast;

that the Nationalist Chinese government was "`cor-

rupt"; and that Americans should have `greater

respect for free speech so long as it is not sub-

versive.

"After a careful study of General Thorpe's ad-

dress, we are at a loss to understand why any (c)

investigation of his loyalty had to be made,"

wrote ACLU Executive Director Patrick Murphy

Malin to Pace. "As an American citizen, and a

retired Army officer, General Thorpe is free to

express his opinions on any subject as long as they

do not constitute a `clear and present danger.' "

Of the recent investigation of Thorpe in his

home district, Malin commented that "the circum-

stances created the impression that the Army's

action may have been taken because of partisan

political reasons."

The Army announced that it had complete con-

fidence in the general and had cleared him of any

disloyalty charge.

Cases

In one case, the man had subscribed to the People's

World for three months and then had refused to

renew. In the other case, a member of the State

Guard had attended a Russian War Relief meet-

ing with a color guard from his unit even though

he had not been detailed to do so.

In the third case, which had been pending for

a year and a half, the man belonged to the Work-

ers Alliance during the depression days, contribu-

ted to the International Labor Defense, subscribed

to "In Fact,' attended some left-wing meetings

and associated with persons alleged to be Com-

munists.

The Union is still awaiting final decisions in

seven federal employee's loyalty and security

cases. In addition, a new loyalty proceeding has

come into the office affecting a graduate student

at the University of California. He is charged with

membership in the Communist Party in 1951 and

subscribing to the Daily Worker, both of which

charges he denies. His wife's parents are accused

of going to Russia in 1929, accompanying an uncle

who is said to be a bad boy. The wife is also

charged with corresponding with a couple who are

alleged to be Communists.

During the past month, the ACLU has appeared

in two Coast Guard security cases before the local

Appeal Board. While the local hearing machinery

is still grinding away, the appeal procedure has

broken down entirely. For the past several months

now no clerical help has been available to trans-

cribe the records on appeal. As a result, the ap-

peals are piling up and the men are denied their

rights.

Still pending kefore the District Court in San

Francisco is an injunction proceeding to prevent

further enforcement of the screening program.

The case has now been awaiting a decision for

almost two months.

Executive Committee

American Givil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rey. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

Vice-Chairmen

Fred H. Smith, IV

Secretary-Treasurer

Ernest Besig

Director

as

Philip Adams

Prof. Edward L. Barrett, Jr.

John H. Brill

Prof. James R. Caldwell

Wayne M. Collins

Rey. Oscar F. Green

Alice G. Heyneman

Prof. Van D. Kennedy

Ruth Kingman

Seaton W. Manning

Rey. Harry C. Meserve

Rabbi Irving F. Reichert

Clarence E. Rust

Prof. Laurence Sears

Prof. Wallace E. Stegner

Beatrice Mark Stern

Stephen Thiermann

Kathleen Drew Tolman

Franklin Williams

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif,,

503 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

$e for the current year. (Types of mem-

bership: Associate Member, $3; Annual Member,

$5; Business and Professional Member, $10;

Family Membership, $25; Contributing Member,

$50; Patron, $100. and over. Membership includes

subscription to the "American Civil Liberties'

Union-News" at $1 a year.) -

I pledge $............ per month........ Or $s per yr.

Please enter my subscription to the NEWS. ($1

per year)

Enclosed please find $..00...02.......ccccccc0e-000 Please bill

Street

City and Zone .....

Occupation =