vol. 17, no. 12

American

Civil Liberties

Union-News

ee tia

Free Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVII

SAN FRANCISCO, CALIFORNIA, DECEMBER, 1952

Bill of Rights Day

December 15, 1952 marks the 161st anni-

versary of the final adoption of the Bill of

Rights. The President has issued a special

proclamation and many observances will be

held throughout the land.

This is a time even for civil libertarians to

rededicate themselves to the principles enun-

ciated in the Bill of Rights. After all, they

are not immune from the pressures of the

times and a tendency to secure community

approval by compromising. Indeed, when our

national organization now asks me be sub-

scribe to a conformity statement (the contro-

versial Resolution of .February 5, 1940), I

begin to wonder whether the Union has not

succumbed to the hysteria of the times.

Most people still say they believe in liberty,

`but what they mean is that they believe in

liberty for themselves, not for the other fel-

low. And, the rub really comes when the

other fellow is spouting ideas we loathe and

believe to be fraught with danger.

Also, while many people give lip service to

freedom, they actually mistrust it. Harried by

their fears and questioning the intelligence

and judgment of the other fellow, they place

all kinds of restraints on freedom in the name

of security.

Of course, people are going to utter state-

ments we regard as footish, stupid or danger-

ous. That is the inevitable risk we take under

the Bill of Rights. But in such freedom lies

our greatest security. So long as people are

free to discuss public issues, we have a chance

of finding a peaceful solution of our problems.

So, on Bill of Rights Day in 1952, let us

resolve once again to defend the civil liberties

of all without distinction and without com-

promise. Eternal vigilance is still the price of

liberty.-E.B.

Prop. 5 and 6 Adopted by 2 to I

Vote; So. Cal. Votes 3 to 1

The voters adopted Propositions 5 and 6, the

conformity test legislation, by a vote of better

than 2 to 1 at California's general election, The

final tally is not available at this writing, but the

Union does have before it almost complete figures

from the larger counties.

While the vote in Northern California was fairly.

close, Southern California piled up huge major-

ities in favor of 5 and 6. In populous Los Angeles

county, for example, the vote stood, No. 5-Yes,

1,276,766; No. 523,000; No. 6-Yes, 1,308,627;

No, 466,880.

In San Diego county the vote ran better than

3 to 1 in favor of both measures, The tally was

as follows: No. 5,-Yes, 151,709; No, 45,552;

No. 6-Yes, 154,403; No, 50,331.

Santa Barbara county turned in the best record

for Southern California. The vote there stood

21 to 12 for No. 5 and 21 to 11 for No. 6.

In San Francisco county the vote ran about 1.7

to 1 for these propositions and the tally was about

the same in Alameda county where the returns

were as follows: No. 5-Yes, 191,520; No, 110,771;

No. 6-Yes, 193,403; No, 108,202. Santa Clara

county ran 77 to 42 in favor of No. 5 and 78 to 41

in favor of No. 6.

Halfway in the tally in San Joaquin county

both propositions were losing, while in tiny Cala-

veras county, according to the last published tally,

the voters turned down No. 5 but favored No. 6

in close votes.

The vote was quite close in Sacramento coun-

ty. The last figures that were announced ran

45 to 42 in favor of No. 5, and 47 to 39 in favor of

No. 6. The returns were also fairly close in Yolo,

Fresno and Kings counties. Possibly the opposition

of the MaClatchy papers, together with the last-

minute opposition of Gov. Earl Warren, brought

Federal Judge McLaughlin Tells Why

He Denied Citizenship to Atheist

On October 17, ten days after an appeal was

filed and almost two months after denying the

naturalization petition of Wladyslaw Plywacki,

Federal Judge J. Frank McLaughlin of Honolulu

filed a memorandum stating the reasons for his

decision.

The transcript of the record of the hearing

on August 28, which has just reached the Union,

does contain Judge McLaughlin's reasons in the

following terms:

Well, our government, you know, is founded

upon a belief in God. You are asking for the priv-

ilege of being part of that government, but you

are apparently desirous of seeking admission to

this corporation, this political corporation, to be

admitted as a stockholder on your own terms. And

the Congress of the United States has provided

by express provision of law that a person who

wishes to attain, being qualified, the privilege-

not the right-the privilege of being an American

citizen, quoting Section 735 of Title 8, ``shall take

one of the following oaths''-and there are two

forms prescribed, both of which conclude ``so help

me God." It is not necessary in some respects, for

example, in testifying in court for you to take an

oath that so concludes. You may on those occa-

sions affirm that you will tell the truth.

But this is a matter of your petition to become

a citizen of the United States, and unless you be-

lieve in the principles of our government you are

not eligible.

I admire your honesty and frankness, but I

think you had better do a little further studying

about your own ideals and thoughts and see

whether or not you wish to revise them in good

faith so that you can qualify to be a citizen, be-

Take Lie Detector Test or

We'll Tell Boss, Say S.F. Police

The ACLU late last month protested to Chief

of Police Michael Gaffey against his officers de-

manding that persons submit to lie detector tests

on threat of being reported to their employers.

The protest arose from an investigation of a

robbery at Haas Brothers that was apparently

"an inside job." Consequently, many employees

were questioned. It is reported that one employee

has taken a lie detector test three times.

Inspectors Valentine and Keyworth interviewed

a long-time employee of the company, a natural-

ized citizen, and demanded he appear at the Hall

of Justice to be fingerprinted and to take a lie

detector test. When the employee objected to the

procedure as a Gestapo method, Inspector Valen-

tine replied that if he didn't like their methods

he could go back where he came from.

The employee then consulted the Union, which

contacted Inspector Valentine by phone. The

Union informed Mr. Valentine that while the em-

ployee was willing to be interrogated, he was not

willing to take a lie detector test. The Inspector

replied, "I will have to report to the company those

who refuse to take the lie detector test."'

The Union pointed out that Inspector Valentine

had no authority to compel such a test, and that

he was limited solely to persuasion. To threaten

to tell a man's boss that he is not cooperating with

the police in submitting to a lie detector test

(which is not accepted by the courts as evidence)

and thereby jeopardizing his economic security,

is nothing short of intimidation.

about the close vote in the Sacramento and San

Joaquin Valleys.

The tax exemption measure for private (mainly

parochial) schools, which the Union opposed, ap-

parently squeaked by. On the other hand, Propo-

sition 14, repealing an anti-Chinese provision of

the State Constitution, was adopted by an almost

4-to-1 vote.

cause at this moment, if you are not willing to

take this oath in good faith, the oath prescribed

by the Congress of the United States, I cannot

grant your petition . : . So at this time, for your

failure to in good faith take the prescribed oath

in either of its two alternate forms, I must deny

your petition. The alternate forms relating, for

your information, to the bearing of arms, not to

one's belief in God. All right.

Judge McLaughlin has now set forth his views

in more rounded sentences in a very brief mem-

orandum. After setting forth the facts, Judge

McLaughlin stated:

"From his frank answers it clearly appeared

that as an atheist he could not take the prescribed

oath and he, of course, would not attempt to de-

ceive the Court by taking the oath falsely.

"Observing (a) the Declaration of Independ-

ence; (b) the inscription of `In God We Trust' upon

the Liberty half-dollar and other United States

coins; (c) decisions of the Supreme Court of the

United States, such as United States v. Macintosh,

283 U.S. 605 at 626, and United States v. Bland,

283 U. S. 636, holding that courts may not make

bargains with those who seek the privilege of cit-

izenship but must adhere to the precise terms of

the legislative mandate; (d) that no constitutional

question of freedom of religion is even remotely

involved by an alien atheist seeking naturalization,

and the sole question is whether the petitioner

believes in all of the principles which delicately

support our free government; and (e) that as re-

cently as April, 1952, the Supreme Court in Zorach

v. Clauson, 343 U. S. 306 at 318, has not deemed

it to be old fashioned to declare, `We are a religious

people whose institutions pre-suppose a Supreme

Being,' WLADYSAW PLYWACKI's petition for

naturalization as a citizen of the United States

must be and the same hereby is denied because of

his inability to subscribe to a statutory oath of

allegiance."

Attorney Thomas P. Gill of Honolulu handled

the preliminary steps on the appeal to the Ninth

Circuit Court of Appeals in San Francisco. The

Union's `local Staff Counsel, Lawrence Speiser,

now has until December 17 in which to prepare the

points on which he intends to rely and to file the

record on appeal with the Court of Appeals.

A Record Response

The ACLU wishes to express its thanks to

the more than 800 persons (a record number)

who last month contributed over $7000 in

cash (a record amount) towards the Union's

$27,600 budget for the fiscal year ending

October 31, 1952. As is the Union's custom,

no receipts or acknowledgments were sent to

subscribers unless cash contributions were re-

ceived. That thrifty procedure saves the

Union time and money better spent on the

business of defending civil liberties.

If you have not yet contributed toward the

Union's 1953 budget, won't you please do so

as soon as possible. While the budget drive

has made an excellent start, there is still a

long way to go. Also, the Union would like

to dispose of its fund-raising activities just

as swiftly as possible in order to be able to

concentrate on its main job. And, once again,

even if your membership does not expire just

now, the Union hopes you will be willing to

make your PRESENT and FUTURE contri-

butions at this time. Your cooperation will

be greatly appreciated.

And, if you are among the 250 persons

whose subscriptions expired in November,

you can save the Union a lot of office work

by sending us your renewal just as soon as

possible.

2

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

P.O. Bans Leaflets; Might

Cause Soldiers to Mutiny

The Solicitor of the Post Office Department in

Washington, D.C., on October 9 banned from the

mails two leaflets,-"Traitors Paradise," by Mrs.

Harvey Sydow, Lyons, Nebraska, and "I am a

Traitor to Wall Street," by Basil Maddy of

Oakland.

The ruling came about when Mr. Maddy, on

September 13, presented six parcels for mailing

in Oakland containing the banned literature. These

parcels were addressed to various addressees, and

inasmuch as they were of the fourth class they

were subject to examination.

Upon examining the contents of these parcels,

the Postmaster decided they "appeared to be of

a non-mailable character.'' Consequently, they

were withdrawn from the mails and copies of the

leaflets were submitted to the Office of the Soli-

citor of the Post Office Department for a ruling

as their mailability.

The Solicitor charged that the leaflets violated

that portion of the law which makes it an offense

for anyone who "attempts to cause insubordina-

tion, disloyalty, mutiny, or refusal of duty, in the

military or naval forces of the United States, or

willfully obstructs the recruiting or enlistment

service of the United States, to the injury of the

service or United States, or attempts to do so..."

The Solicitor went on to explain that "It is not

any isolated portion of the printed articles that

is questioned, but rather, the over-all character

thereof. It is the effect of the articles as a whole

that is involved."

Mr. Maddy has until December 4 to appear be-

fore the Solicitor of the Post Office in Washing-

ton, D.C., to show cause why the parcels should

not be disposed of as non-mailable. Mr. Maddy

has asked the ACLU to intervene in the ease, and,

since the matter has to be handled in Washington,

it has been referred to the Union's national office

for action.

"Traitors Paradise," is a violent attack on the

United States and Wall Street for United States

involvement in the Korean conflict. The tone of

the leaflet may be judged somewhat by the open-

ing sentence which reads, "Why should soldiers

honor the army oath when traitors in Washing-

ton ignore their oaths of office and trample our

Constitution and Bill of Rights? Answer THAT!"

The second leaflet is more temperate. The main

target is Wall Street and there is little reference

to the Korean conflict and Wall Street's relation-

ship to it. At one point, the writer states, "Al-

ready, Wall Street's armies have burnt up with

gasoline jelly one city of one hundred thousand

people in twelve minutes, another city of four

hundred and fifty thousand people in four and

one-half hours of bombing; in one incident they

burnt up 7,000 refugees."' At another point, the

writer declares, "`There's a reason why the Ameri-

can people have come to live off the Korean War

(and the prospects of a more extended war) which

General Holdridge says makes us `figuratively' a

race of cannibals."

The concluding paragraph of the article reads:

"T define Capitalism as that system of society

which puts private profit above community wel-

fare, and communism as that system of society

which puts community welfare above private

profit. I am not a capitalist. 1am a traitor to Wall

Street because Wall Street is treason to the Ameri-

can people. Wall Street is the drive shaft of all

efforts to stop Social Progress in the world today,

that is of American Imperialism."

First Arrests Under Louisiana

Communist-Control Law

Louisiana's state police has made its first ar-

rests under the state's new Communist control

law. The law, signed by Governor Kennon last

July, requires Communists to register or face

imprisonment for two to 10 years, pay fines of

$1,000 to $10,000, or koth.

The first arrests were two Negroes, Robert

Burns and Louis James Lockett. Both denied that

they were Communists, contended that their ar-

rest was the result of an error in filling out vote

registration forms. The two said they had mis-

read a line on the form calling for a write-in of

party affiliation. They thought the line read "T

am not a member," whereas the actual wording

was "I am a member." They automatically filled

in "Communist Party."

Burns and Lockett said they were `good Dem-

ocrats," and that if they had been Communists

they would never have said so in a public form.

They both said that as veterans they had signed

many non-Communist oaths before.

Post Office Delermines What Subscribers

The Post Office Department was criticized

sharply last month by the American Civil Liber-

ties Union for its policy of deciding what sub-

scribers to Soviet publications may receive them.

In the course of investigating what appeared to

be censorship on the part of the Department, the

ACLU discovered instead that Post Office offi-

cials are acting as "judges of academic stand-

ards" by determining to which institutions or re-

searchers Soviet publications will be delivered.

"We do not believe that this should be a func-:

tion of the government if our institutions and

scholars are to remain free," said the ACLU in

a letter to Louis Doyle, acting solicitor of the

Post Office Department. It was signed by Elmer

Rice, chairman of the Union's National Council

on Freedom from Censorship.

"Freedom from government control, which we

believe to be the essence of education in a de-

mocracy, requires that information, education or

other similar material, should be available to. all

without governmental interference or selection."

Rice first wrote the Post Office on October 23

after the anti-Communist weekly magazine, The

New Leader, disclosed that the Department had

refused to deliver Soviet magazines to "hundreds''

of subscribers, including anti-Communist publi-

cations, researchers, writers, scholars, libraries,

and institutions. At the same time the Post Of-

fice apparently has permitted 211 subscribers to

receive the Soviet newspapers Pravda and

Izvestia.

Protesting such an "unreasonable restriction

upon the public's right to receive and read news

and information" Rice wrote then:

"In these critical days when, for our country's

security, as much information as possible is re-

quired in order to understand and evaluate the

Soviet Union's actions and positions, the net re-

sult of the Department's refusal (to deliver the

publications) is to cut off important sources of

knowledge from our scholars and researchers.

Their failure to obtain information is not only a

violation of their civil likerties, but of the civil

liberties of the country as a whole, which is en-

titled to the benefit of their research work."

"The magazines in question are not basically

different from the Soviet newspapers which are

admitted entry and delivery by the Post Office.

We can conceive of no reason for this unreason-

able distinction. In any event, as we see it, the

duty of the Post Office Department is to carry

and deliver the mails, and as the courts have con-

sistently ruled, not to act as a censor."

The Post Office Department's policy of deliv-

ering Soviet magazines to some while withhold-

ing issues to other subscribers was disclosed in

Doyle's reply. He pointed out, according to the

Attorney General, political propaganda distrib-

uted in violation of the Foreign Agents Registra-

tion Act provisions may be considered non-mail-

able. He added:

"In administering the law as interpreted by the

Attorney General, the Post Office Department has

Executive Committee

American Civil 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

Philip Adams

Prof. Edward L. Barrett, Jr.

Albert Brundage

Prof. James R. Caldwell

_ Wayne M. Collins

Rev. 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

To Soviet Publications May Receive Them

not withheld: the publications in question from

delivery to universities of known standing when

it appeared that the material was being received

for study purposes. Such mailings have also been

delivered to certain researchers upon receipt of

evidence of the nature of work being carried on

by them."

In a rebuttal, after complaining that the De-

partment "is setting itself up as a judge of aca-

demic standards," Rice commented:

`If your position is sustainable, it would seem

to place political commentators, many of whom

rely on Soviet publications for background mate-

rial, completely at the will of Post Office offi-

cials. .. . The mere assertion of the power to with-

hold constitutes an inherent threat to freedom of

opinion of these and other journalists."'

He urged Doyle to "authorize delivery of all

Soviet publications without discretion to anyone

who requests or subscribes to them."

Official Balks at Superior's

Ruling on Use of S.F. Hall

T. A. Brooks, the Chief Administrative Officer

of the City and County of San Francisco last

month overruled his Director of Properties,

Eugene J. Riodan, and told the Union that the San

Francisco Committee to Save the Rosenbergs

could use the Civic Auditorium for a public meet-

ing but Mr. Riordan refused to abide by the

decision. Instead, he insisted that he alone has

jurisdiction over the Civic Auditorium. He then

asked the City Attorney to advise him as to his

rights.-In the meantime, of course, the Committee

held its meeting in a private hall.

In his letter to the Union, Mr. Brooks stated

that Mr. Paul Schnur, spokesman for the group,

"could have the use of the auditorium on the same

basis as other groups or organizations." Mr.

Brooks also stated that points made in the Union's

protest to him were factors in influencing him to

reverse Mr. Riordan's decision.

The Union had pointed out that while it had

found no civil liberties issue in the Rosenberg

case, "we do believe in freedom of speech and

assembly even for those with whom we disagree.

...". The effect of Mr. Riordan's ruling would be __.--

virtually to exclude any discussion of controversial

issues from the Civic Auditorium.

"Moreover, Mr. Riordan's action is hardly con-

sistent with the past practices of the City in rent-

ing the auditorium. I seem to recall occasions when

Tom Mooney meetings were held there and no

riots ensued.

"It seems to me the Police Department (which

was apparently not consulted), if put on notice,

can prevent any lawlessness in connection with the

use of the auditorium. Indeed, when Gerald L. K.

Smith did use Commerce High auditorium there

was extensive picketing by radicals but no violence

of any kind. The police department had no trouble

in handling the matter. ...

"Incidentally, may I point out that the group

in question, and its cause, received a lot of un-

deserved publicity by reason of Mr. Riordan's

action. I am confident the matter would have

attracted little attention but for Mr. Riordan's

action. It seems to me Mr. Riordan played right

into their hands."

Federal Court of Appeals

Upholds ACLU In Kutcher Case

A federal court of appeals in Washington, D. C.,

recently ruled unanimously that the single fact

of membership in a subversive organization listed

by the U.S. Attorney General is not sufficient

grounds for firing a federal employee.

The court's decision came in a case involving

James Kutcher, a World War II veteran, who was

once employed by the Veterans Administration.

Kutcher was dismissed from hig job after loyalty-

board hearings. He admitted belonging to the So-

cialist Workers' Party, an organization on the

Attorney General's subversive list. The ACLU

appeared as friend of the court.

~The court's opinion, written ky Judge James R.

Proctor, said that membership in a subversive

organization may support disbelief in an_em-

ployee's loyalty, and so force a firing. But, Proc-

tor said, "it rests with the head of the depart-

ment or agency to make the final and controlling

determination. In this case the vital decision still

awaits the administrator's decision.

"Neither Congress nor the President has seen

fit to make membership in any organization des-

ignated by the Attorney General cause for `re-

moval from government employment." And the

`decision to fire Kutcher, Proctor found, was not

"based upon any declared belief" in his disloyalty,

but entirely on his admission of membership.

New Trice

Two of `1

FLASH!!!

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Collis Englis

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"Trenton Six,'

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AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

New Trial Ordered for

Two of "Trenton Six'

FLASH!!! The New Jersey Supreme Court

on. November 24 reversed the conviction of

Collis English and Ralph Cooper, on pro-

cedural grounds, and sent the case back to the

lower court for a new trial. This is the second

time the high court has ordered a new trial.

The New Jersey Supreme Court recently heard

arguments on the appeal of Ralph Cooper and

Collis English from their conviction for the mur-

der of a Trenton storekeeper, and has reserved

decision. The hearing marked another point in

the four-year fight to protect the civil liberties

of the defendants. The case aroused world-wide

interest.

Arthur Garfield Hays, general counsel for

ACLU, was one of the three attorneys retained

by. the Joint Committee to Defend the Trenton

Two to argue the case for reversal. This com-'

mittee coordinates the efforts of the National

Association for the Advancement of Colored Peo-

ple, ACLU and the Princeton Committee in the

case.

Originally the case involved the so-called

"Trenton Six," including four other men besides

Cooper and English, charged with the murder in

1948 of William Horner, an aged second-hand

dealer. All six were convicted in the first trial in

1948. In June of 1951 the other four were ac-

quitted after the New Jersey Supreme Court re-

versed the first trial and ordered a second one.

During the second trial the presiding judge

ruled out several confessions as having been se-

cured by police through intimidation, threats,

promises, and the use of drugs.

In the course of argument before the Supreme

Court, Prosecutor Mario H. Volpe admitted, `All

we did was produce what evidence we had. I don't

know who killed Horner."

Prosecutor Volpe was interrupted by the court

scores of times. One of the court's questions was,

"Doesn't your suggestion show that it was a com-

promise verdict?"

Volpe replied that it was "the result of throw-

ing out the confessions."

Connecticut Civil Rights

Commission Reports Progress

Connecticut's Commission on Civil Rights, in

its report for 1951-52, has found "significant

progress" in eliminating discrimination from em-

ployment, hotels and restaurants, and from public

housing projects. But the commission feels that

changes in the state's FEPC law and Public Ac-

commodations Act, which it administers, are still

needed,

Here are some of the highlights from the

group's 47-page report, which was submitted to

Governor John Davis Lodge:

The number of employers hiring persons of all

races, religions, and national origins is increasing,

as are the type of jobs open to all comers. But

there is still discrimination, particularly in semi-

skilled, skilled, supervisory, white-collar, and pro-

fessional positions.

Negroes can now expect to get the same service

given to others in many hotels, restaurants and

tourist establishments.

Every complaint lodged with the commission

during the year-where there was substantiating

evidence-was settled through conference, con-

ciliation and persuasion.

The commission believes that several changes

in the law would make the record even better. It

wants: (1) power to issue orders calling for the

hiring, reinstatement, or upgrading of an em-

ployee; (2) broadened coverage for the Public

Accommodation Law to include all places that de-

pend on patronage by the general public; (3) a

clause in the same law to define segregation as

discrimination; (4) a new law to guarantee equal

opportunity in admissions to colleges and schools.

Revised Ed. of `Supreme Court

And Civil Liberties' Out

The ACLU last month reissued its pamphlet,

"The Supreme Court and Civil Liberties," in an en-

larged and revised form. The pamphlet first came

out in 1937 and was updated in 1942 and 1949.

In the new 90-page edition, the author, Attorney

Osmond K. Fraenkel, has rewritten sections deal-

ing with freedom of speech, freedom of the press,

contempt of court and censorship and has com-

bined them under the general heading, "Freedom

of Expression." There is also a new section deal-

ing with procedural problems. The pamphlet cov-

ers in detail decisions on minority rights, bills of

attainder, freedom of expression, freedom of re-

ligion and assembly, education, voting, aliens, self-

incrimination and other issues. Copies of the

report sell for 50c each; they can be had by

writing to the ACLU, 503 Market Street, San

Francisco 5.

Levering Act Cases Headed for U.S. Supreme

Court; Excerpts From Cal. High Court Opinion

~The California Supreme Court last month de-

nied a rehearing of its decision of October 17 up-

holding the constitutionality of the Levering Act

conformity oath. Attorney Wayne M. Collins has

announced that he now intends to ask the U.S.

Supreme Court to hear the cases.

The News is reprinting herewith that portion

of the court's opinion which discusses the question

whether the Levering Act oath violates that por-

tion of the Constitution which provides that

"...no other oath declaration, or test (than the

Constitutional oath) shall be required as a qualifi-

cation for any office or public trust." The court

had previously decided that the prohibition should

"he read as applying to every state and local offi-

cer and employee."

`"`We come now to the question whether there

is any substantial difference between the oaths

prescribed by the state Constitution and by section

3103 of the Government Code (the Levering Act).

The constitutional oath consists of a declaration

or pledge of loyalty to the state and federal

Constitutions, and a promise or pledge of faithful

performance of duty. The first paragraph of the

oath required by section 3103 contains substan-

tially the same pledge of loyalty and faithful per-

formance of duty as that found in the constitu-

tional oath, with only immaterial differences in

language. In the second paragraph the affiant

swears to three matters, namely, (1) that he does

not advocate or belong to any organization that

advocates overthrow of the government by force

or violence or other unlawful means; (2) that

within the five years immediately preceding the

taking of the oath he has not been a member of

any such organizations except those which he

lists in the space provided on the face of the oath;

and; (3) that while employed by the designated

agency he will not advocate or become a member

of any organization that advocates such doctrines.

"It should be noted at the outset that the oath

provisions relating to memkership can reasonably

be construed as referring only to affiliation with

organizations known by the employee to belong to

the proscribed class, and each clause of the oath

must be interpreted as requiring knowledge of

the character of any group as to which a declara-

tion is required....

Doctor (Over 26) Saved from

Being Drafted As A Private

A loophole in the Selective Service Laws as

applied to doctors nearly resulted in the drafting

of a young research physician as a private last

month in spite of his repeated attempts to obtain

a commission. Prompt intervention by his counsel;

attorney William Coshow, supported by the ACLU,

resulted in the assurance by State Headquarters

of Selective Service that the doctor would not

be inducted unless a commission were granted.

The present Selective Service Regulations pro-

vide for the drafting of doctors, up to the age of

51 years, who do not apply for commissions after

being notified by their local draft boards that they

are to be called up for military service. The ques-

tion raised by the instant case, however, is what

happens to the doctor whose application for a

commission is still pending when his draft board

tells him to report for induction. He can't serve as

a doctor, because regulations limit such jobs to

commissioned officers. Will he be treated as an

ordinary draftee? If so, aren't doctors over 26

being discriminated against since the draft law

presently applies to men NOT over 26 years

of age?

The particular doctor, when informed that he

was to be called for service, applied for a com-

mission in the Air Force. Instead of receiving his

commission in a few weeks, as is usually the case,

several months went by without any action.

In the meantime, his local draft board assigned

him to the Army "pool," which automatically

cancelled his Air Force application. Thereupon, he

at once applied for an Army commission, and did

everything required of him. The application is

still "pending" after several weeks' wait. Uncon-

cerned, the doctor's draft board sent him a notice

to report for induction on November 28, 1952. It

was at this point that representations were made

to State Headquarters of Selective Service and

that assurances were received that there would be

no induction without a commission.

One can only speculate as to why the commission

is being held up. Thus far, no reason has been

given. It may be because the doctor at one time

had some very tenuous connections with organiza-

tions on the Attorney General's list (such as a

dollar contributed to the Joint Anti-Fascist Refu-

gee Committee), or because he has never served

an internship, while regulations restrict com-

missions to doctors who have served such intern-

ships.

"The first and third parts of the second para-

graph are essentially a declaration of present and

future loyalty to the government of this state and

of the United States. A person obviously cannot be

loyal to a government and at the same time ad-

vocate its violent and unlawful overthrow. By the

same token, voluntary unexplained membership

in an organization known by a public employee to

advocate such doctrines indicates that he has

interests which are inconsistent with his pledge of

loyalty and faithful performance of duty, and the

Legislature, by requiring this oath, has in effect

found that such membership is incompatible with

loyalty. In the recent case of Adler v. Board of

Education of City of New York, 72 S. Ct. 380,

.... the United States Supreme Court sustained

as reasonable an implied legislative finding that

`the member by his membership supports the

thing the organization stands for, namely the

overthrow of the government by unlawful means.'

"The middle part of the second paragraph of

the oath calls for disclosure of information re-

lating to past loyalty. In it the affiant is required

to list any organization, to which he has belonged

in the five years preceding taking of the oath, that

advocated overthrow of the government by force

or violence or other unlawful means. Information

as to past affiliations may be relevant in determin-

ing whether an employee can be placed in a posi-

tion of present or future public responsibility. . . .

Nothing in section 3 of article XX (the constitu-

tional oath) is intended to prevent the state

from requiring disclosure of facts relating to an

employee's fitness and suitability for public serv-

ice, and inasmuch as this portion of the oath, in

effect, calls for a statement of past loyalty which

is relevant to present and future loyalty, it is in

no way inconsistent with the spirit or intent of

the constitutional oath.

"The oath required by section 3103 is obviously

not a test of religious opinion. Neither does it

compel disavowal of any political belief or mem-

bership in any named political party. While it re-

quires the affiant to swear that he does not ad-

vocate, or belong to any party or organization

which advocates overthrow of the government by

force or violence or other unlawful means, these

may not properly be called matters of political

opinion, The word `political' imports orderly con-

duct of government, not revolution, and the term

is not applicable to advocacy of a belief in over-

throw of the government by force or violence. . . .

"We are satisfied that there is nothing in the

Levering oath which goes beyond the object or

meaning of section 3.of article XX and that it is

not the type of `other oath, declaration or test'

which was intended to be prohibited by that

section."

State Department Issues

New Passport Regulations

The State Department has taken one step to-

ward remedying some of the defects in the han-

dling of passport applications. For the first time,

it issued a formal set of rules and standards to

govern the procedure. And it set up an entirely

new agency the Board of Passport Appeals-to

rule on appeals in individual cases.

The Department's action came on the heels of

a federal court decision last July in the case of

Anne Bauer. The court had held that an appli-

cant for a passport had not received the benefit

of due process when the Department turned her

down without a fair hearing. The case was in-

itiated by the ACLU in its effort to' liberalize

passport procedures.

Under the new system, a person who has been

denied a passport will be able to appear-with

his lawyer-first before a hearing officer and, if

necessary, before the appeals board. The board-

made up of three officials who have had nothing

to do with the particular case-will make final

recommendations to the Secretary of State.

In each case the reasons for refusing a pass-

port will be spelled out, insofar as security re-

quirements permit. A person will have something

more definite to go on than the vague phrase,

"contrary to the best interests of the United

States." cent

Annual Report at the Printer

The annual report of the ACLU of Northern

California for the year ending June 30, 1952, en-

titled "Uneasy Interval," is now at the printer and

will be mailed to the Union's membership during.

the week of December 8.

As usual, the report will be 20 pages long, but

through the use of smaller but quite readable type,

there will be about a 25% increase in material

contained in the report. Seven thousand copies are

being printed.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

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

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 2-3255

ERNEST BESIG Editor

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

Post Office at San Francisco, California,

under the Act of March 3, 1879

ACLU Campaigns Against

Movie Censorship

The American Civil Liberties late last month

offered its services to leading film exhibitors and

distributors to combat pressure-group drives

aimed at censorship of motion pictures.

In letters to more than 211 leading film ex-

hibitors and distributors, ACLU's National Coun-

cil on Freedom from Censorship proposed a three-

point program of assistance:

(1) "To eport to us all instance in which films

have either been, by public officials, censored or

withdrawn from exhibition due to pressure group

action; (2) the opportunity and our facilities to

discuss with us your problems of booking motion

pictures which have been, or are, under attack;

and (3) to advise us of the booking dates in

specific localities of all such films.

The action came shortly after the Union's anti-

censorship affiliate had alerted all ACLU branches

and state correspondents across the nation to

"support a local film exhiibtor's hooking program"

by organizing local campaigns against pressure

group challenges to film showings. The Council

said such groups had been responsible for more

suppression of controversial movies than had of-

ficial governmental censorship boards.

"We believe that motion picture exhibitors have

a special relationship to the public because of the

medium in which they operate," said the letter to

the movie officials, signed by Clifford Forster,

executive secretary of the Council. "They hold a

position to the community similar to that of news-

paper publisher and are to that extent concerned

with the public interest....

"In our judgment the motion picture is a potent

vehicle for the transmission of ideas and we have

consequently consistently opposed all efforts,

public and private, to censor films as a violation

of free speech and press. We believe that you too

favor this program, and wish to assist you in

furthering it.

"Although we are vigilant against the activities

of official censors, an increasing amount of censor-

ship is being effected through the operation of

pressure groups, each of which seeks to impose

their standards upon the rest of the community.

While we, of course, do not oppose the right of

these groups to propagandize for their views, we

also support the general public's freedom to see,

read, and hear everything, save that which is in

conflict with established law."

~ Subscription Rates-One Dollar a Year.

Ten cents per Copy

Elections to Union's

Executive Comm. Announced

Albert Brundage, San Francisco labor attorney,

associated with the law firm of Tobriner and

Lazarus, has been elected to the Executive Com-

mittee of the American Civil Liberties Union of :

Northern California for a three-year term begin-

ning November 1.

Re-elected to the Committee for three-year

terms were Attorney Philip Adams of San Fran-

cisco, Prof. James R. Caldwell of U. C., Ruth

Kingman of Berkeley, Dr. Alexander M. Meikle-

john, noted educator; Helen Salz, artist, who with

Dr. Meiklejohn has served on the Committee since

its inception in 1934, and Rev. Oscar F. Green,

Episcopalian minister of Palo Alto.

All of the elections were confirmed at the annual

membership meeting.

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

Goes 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.)

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Enclosed please find $..........2...2..-::::-+ Please bill

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Occupation...

Intervene In Behalf

Of Suspended Doctors

ACLU has entered as a "friend of the court"

in the defense of the three New York doctors

suspended or reprimanded by the New York

Board of Regents following their conviction for

contempt of Congress when they refused to pro-

duce books belonging to the Joint Anti-Fascist

Refugee Committee.

Two of the petitioners before the State Court

of Appeals are Dr. Edward K. Barsky and Dr.

Jacok Auslander, both of whose licenses to prac-

tice medicine were suspended for three and six

months respectively, under the Board of Re-

gents' right to suspend or revoke where the

physicians has been found guilty of a crime. The

third petitioner, Dr. Louis Miller, was repri-

manded by the Regents.

The Appellate Division upheld the Regents'

action. The New York branch of ACLU, through

its counsel, Osmond K. Fraenkel, and Herbert

Monte Levy, staff counsel for ACLU, assert that

"to permit a suspension of a physician's license

for conviction of a crime not involving moral

turpitude and bearing any reasonable relation to

the physician's qualifications for the practice of

medicine, is a violation of the due process clause

of the Fourteenth Amendment."

The attorneys state that the three doctors in-

curred the contempt conviction when they fol-

lowed advice of counsel that `"`the questions asked

by a legislative investigation committee inter-

fered with their freedom of speech, in violation

of the First Amendment."

The ACLU lawyers admit that "certainly good

moral character may constitutionally be made a

prerequisite to the licensing of a physician." But

they go on to point out "how absurd a construc-

tion of a statute would be which permits suspen-

sion ... for crimes not involving moral turpitude."

"Were the law to be strictly enforced," they

continue, "all doctors whose wives had procured

New York divorces might have their licenses

suspended, if they were successfully prosecuted

for adultery-the only ground for divorce in New

York State."

"We therefore urge,' said the lawyers, `that

this court construe the statute to permit a suspen-

sion of license only upon the commission of a

crime which is a felony, or which involves moral

turpitude, or which otherwise bears a reasonable

relation to the qualifications of a licensee to

practice medicine."

Protest Denial of Meeting

Place for Nationalists

ACLU of Southern California recently pro-

tested the cancellation of a contract for use of (c)

the Los Angeles Shrine Auditorium ky the

Christian Nationalist Party.

The party, which backed General Douglas Mac-

Arthur and Jack Tenney as presidential and vice-

presidential candidates, had booked the hall for

an October 12 rally. The date was cancelled by the

auditorium board apparently because Gerald L.

K. Smith was slated to appear on the program.

ACLU made its protest on the grounds that all

people and groups have the right to express their

political views, regardless of the unpopularity of

such views. It said it had no sympathy for either

Smith or the party, but said the board should

carry through its contract regardless of the

speakers.

The rally was subsequently shifted to the Em-

bassy Auditorium.

Learned Hand Says America

Is Menaced by Suspicion, Fear

Judge Learned Hand, who retired last year

from the federal courts after a distinguished ca-

reer of 42 years on the bench, has warned that

unfounded denunciations in this country are rais-

ing fears and distrust that "subject us to a des-

potism as evil as any that we dread."

Judge Hand's remarks were made at an address

before the 86th convocation of the Board of Re-

gents of the University of the State of New York.

The 80-year-old jurist received the honorary de-

gree of Doctor of Law from the Regents.

"Risk for risk," said Judge Hand, "for myself

I had rather take my chance that some traitors

will escape detection than spread abroad a spirit

of general suspicion and distrust, which accepts

rumor and gossip in place of undismayed and un-

intimidated inquiry."

"T believe," he continued, "that that community

is already in the process of dissolution where each

man begins to eye his neighbor as a possible ene-

my, where nonconformity with the accepted creed, .

political as well as religious, is a mark of disaf-

fection."

He asked that the country "not yield a foot

upon demanding a fair field, and an honest race,

Financial Report for Fiscal

Year Ended October 31, 1952

Asa result of the special membership drive held

last Spring, the ACLU of Northern California

ended its fiscal year on October 31, 1952, with a

balance of $2,645.05 in its Operating Fund. That

surplus will serve as a cushion for the current

fiscal year with its increased budget of $27,600,

as compared with the previous budget of $17,200.

Both the income and the expenditures reached

record figures during the last fiscal year. Income

was up almost $8,000 over the previous year, while

expenditures were up about $5,400.

Reserve funds on October 31 consisted of $4,000

in U.S. Treasury bonds and $151.79 cash in the

bank, besides last year's surplus of $2,645.05.

A special account was set up for the pending

deportation case of Sang Ryup Park, Contribu-

tions in that case amounted to $270; disburse-

ments, $118.34; balance on hand, $151.66.

In connection with the campaign against Prop-

ositions 5 and 6 on the November, 1952, ballot,

the ACLU received $4,890.25 and expended a like

amount,

On the membership side, the Union ended its

fiscal year with exactly 3,029 paid-up members,

compared with 1,855 a year ago. There has been

a steady rise in the Union's membership since

1943, when the membership stood at 624. The net

increase of 1,174 for the past year almost equals

the net increase of the previous eight years, dur-

ing which an average yearly net increase of 154

was achieved.

The year also ended with 262 separate sub-

seribers to the monthly "News," compared to 272

a year ago,

Here is the way your money was spent from

November 1, 1951, to October 31, 1952:

OPERATING FUND

Income

General Receipts... 2.22. cs ee $23,398.52

Expenditures

Salaries and Retirement .. $11,131.88

Printing and Stationery .. 3,791.62

Rent 1,715.00

Rostage 3 1,236.35

Telephone and Telegraph. . 452.24

Taxes and Insurance ..... 310.21

Travelline@ was aoe) 2. 235.26

Furniture and Equipment. 880.33

Publications 142.22

Miscellaneous 139.48

Contingent Fund ... 718.88

Total Expenditures ............ 20,753.47

Surplus) 3 $2,645.05

Reserve Funds

There was $4,030.88 on hand in Reserve Funds

on Octoker 31, 1951, of which $530.88 was cash in

the bank. The income during the past year con-

sisted of interest in the amount of $104.57, An-

other U.S. Treasury Bond was purchased at a price

of $483.66, leaving a balance of $151.79 cash in

the bank on October 31, 1952, in addition to $4,000

in U.S. Treasury Bonds (face value). In other

words, the amount on hand in Reserve Funds on

October 31, 1952, was $4,151.79.

Booknote

POLITICAL AND CIVIL RIGHTS IN THE

UNITED STATES. By Thomas Emerson and

David Haber, Professors of Law, Yale University.

Foreword by Robert Hutchins. 1209 pages, $7.50.

Dennis and Company, Buffalo, New York.

The first case book on civil rights for law stu-

dents is indeed a landmark.

Comprising over 1200 pages, it is more than a

computation of cases. Reference material indi-

cating an awe-inspiring amount of research ranges

from obscure FBI reports to well-publicized books

on race relations. It is, in fact, a bibliography of

the main literature and case reports on civil lib-

erties.

There are nine fields covered, from academicc

freedom to security of persons. Substantial ex-

tracts from sixty leading cases are reprinted and

references are made to over nine hundred other

chief decisions. A pocket is povided for an annual

insert part.

The book outside of its academic importance is

a "must" for every lawyer interested in the broad

field of human and political rights.

to all ideas.' He named as essential to the pres-

ervation of a free society four things: Freedom

of speech and press, freedom of religion, due proc-

ess of law, and equal protection of the law.

Judge Hand said that he did not think it could

be left to the courts to construe and enforce the

freedoms and rights because "the powers of the

courts are too limited to reach the more contro-

versial questions that arise under them."

It is, he said, "the voters, speaking through

their delegates, who have the final responsibility."