vol. 17, no. 9

American

~ Civil Liberties

Union-News

Free Press

Hree Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVII

SAN FRANCISCO, CALIFORNIA, SEPTEMBER, 1952

Constitutionalty of Calif. Vag.

Law Before Supreme Court

When the United States Supreme Court recon-

venes in October, one of the interesting cases it

will have before it is a case involving the constitu-

tionality of one section of the California Vagrancy

Statute. The section involved, provides that "every

idle, lewd or dissolute person, or associate of

known thieves" is a vagrant and punishable by a

$500.00 fine or six months imprisonment in the

County Jail or both."

The Court agreed to hear the petition of Isidore

Edelman, an anti-communist, who was arrested

under the statute while making a speech in Per-

shing Square in Los Angeles and during which he

expressed his political views. Edelman is supported

in his petition by the American Civil Liberties

Union, Southern California branch.

Edelman has been arrested at least four times

while making speeches in Pershing Square. His

last conviction under the Los Angeles Municipal

Code was reversed by the Appellate Department

of the Superior Court.

It is on the basis of the previous arrests that

the prosecution claims that Edelman is a "disso-

lute" person.

The case presents for decision by the High

Court at least two basic problems under the 14th

_Amendment. One is whether a statute thus so

loosely drawn can survive an attack based on due

process and second, whether the right to free

speech has been infringed under the guise of pros-

ecution under the statute for being a "dissolute"

person.

Film Censors Lift Ban On

"Peace Will Win"

The film, "(Peace Will Win," which was disap-

proved by the Pennsylvania State Board of Cen-

sors on March 19, 1952, has received the Board's

stamp of approval after an appeal in which the

Greater Philadelphia branch of the ACLU pro-

vided counsel because of the civil liberties issue

involved.

The film purports to be a documentary of the

Sheffield-Warsaw peace congress held in Warsaw,

Poland, in the Fall of 1950. A copy of the film was

obtained by Henry Beitscher, Philadelphia director

of the Progressive Party, for showings to private

groups. The State Board of Censors notified the

Progressive Party that the film was disapproved

because it is "not proper-in the judgment of the

Board it tends to corrupt and debase morals."

The Progressive Party in Philadelphia then

brought the matter to the attention of the local

branch of the ACLU. At the hearings on the ap-

peal on April 2, the ACLU representatives, William

Allen Rahill and Professor Clark Byse, urged that

since the purpose of the film obviously was to in-

fluence public opinion, it was entitled to the con-

stitutional protections of freedom of speech, The

argument was also advanced that, apart from the

civil liberties question, the film would not in any

way debase or corrupt morals.

Test of Pennsylvania

Loyalty Oath Law Begun

Pennsylvania's controversial Pechan loyalty

oath law is headed for a court test.

A suit challenging the statute's constitutionality

was assured after the Civil Service Commission

dismissed an appeal filed by Mrs. Marie S. Fitz-

gerald, a nurse, following her discharge by Phila-

delphia General Hospital for refusing to take the

oath. The case will be pressed by Harry E. Spro-

gell, her attorney and a director of the Philadel-

phia branch of the American Civil Liberties Union.

The Pechan law requires loyalty oaths of state

and city employees. ACLU opposed the bill before

its passage by the legislature.

Immigration Service Releases Sang Ryup

Park on Order of Federal Judge Goodman

Federal Judge Louis E. Goodman of San Fran-

cisco on August 19 granted a petition for a writ

of habeas corpus filed on behalf of Sang Ryup

Park, anti-Rhee Korean editor. Park was ordered

released on parole. He had been detained since

November 29 or almost nine months.

"Classified Information'

Recently, a mechanic at McClelland Air

`Force Base sought the Union's help in a loy-

alty proceeding pending before the Regional

Loyalty Board of the Civil Service Commis-

sion in San Francisco.

Besides alleging a subscription to "In

Fact," a close association with an alleged

Communist, as well as a declaration "to an

associate at some unknown time and place

that "the Marx theory was the perfect form

of government," the charges contained two

items based on letters the employee had sent

to the press.

The first item stated that "Between 1941

and 1951, you wrote several letters and art-

icles for the `Veedersburg (Indiana) News'

praising conditions in the USSR and criticiz-

ing economic and social conditions in the

United States."

The second item declared that "In an art-

icle in an Indianapolis newspaper you rec-

ommended reading of `Soviet Power,' by Hew-

lett Johnson."

Since there didn't seem to be any secrecy

about articles published in a daily newspaper,

the Union's director asked to be furnished

with copies of these articles in order that the

employee might prepare a defense. -

Under date of July 29, Gordon J. Petersen, :

Executive Secretary of the Regional Loyalty

Board, wrote to the Union's director as fol-

lows:

"We have your letter of July 28, 1952, re-

questing copies of certain newspaper articles

referred to in the interrogatory sent Mr.

"We are sorry that we cannot comply with

your request. Notwithstanding the fact that

the material involved was originally pub-

lished in newspapers of general circulation,

it was received by the Commission as classi-

fied information which cannot be disseminat-

ed to unauthorized persons."

SANG RYUP PARK

ACLU attorney, Wayne M. Collins, with the

assistance of Marvel Shore, had contended that

Park would suffer physical persecution if deported

to South Korea. In fact, the Court had on May 8

enjoined the Immigration Service from deporting

Park to that country because ``There is abundant

evidence in this record. supporting petitioner's

claim that his life would be in grave danger if he

were placed within the jurisdiction of the present

government of South Korea."

Nevertheless, without any further hearing

whatsoever, the Immigration Service on June 27

suddenly sought to carry through the deporta-

tion on the strength of a letter from the Korean

Ambassador in which he declared, "I will say,

categorically and emphatically, that he will not

be subjected to physical persecution in Korea so

long as he abides by the laws of the country."

Judge Goodman declared that `The record still

discloses substantial and undisputed credible evi-

dence that petitioner's `life would be in grave

danger if he were placed within the jurisdiction

of the present government of South Korea,'

Against this is only the quoted letter of the Ko-

rean Ambassador." Accordingly, Judge Goodman

ruled that "the finding of the Attorney General

is arbitrary." :

Without waiting for instructions from the At-

torney General, the U. S. Attorney in San Fran-

cisco filed a notice of appeal to the Ninth Circuit

Court of Appeals. If the Government perfects its

appeal, it will take many months before the matter

is disposed of. In the meantime, Park has returned

to Los Angeles where he formerly made his home.

Park has requested the Union's director to con-

vey to the membership his deep appreciation of

the help that was given him.

Following is the complete text of Judge Good-

man's opinion in the Park case:

Upon a previous application for a writ of habeas

corpus, No. 31425, the court enjoined the deporta-

tion of petitioner upon the ground that the finding

of the Attorney General that the petitioner could

be deported to Korea and not there be subjected

to physical persecution, 8 USC 156(a), was arbi-

trary and not kased on any evidence of record.

All the record evidence in No. 31425 was persua-

sive that the petitioner would be subject to phys-

ical persecution in Korea. However, we did not

order petitioner's release from immigration de-

tention nor did we forbid future deportation to

Korea' upon a different showing or in changed

circumstances.

On or about June 27, 1952, without any further

hearings, the Commissioner of Immigration, as

the delegate of the Attorney General, declared

that petitioner would not suffer physical persecu-

tion in Korea and ordered his deportation. The

instant petition followed.

At the hearing upon the petition, respondent

produced and entered in evidence, in order to sus-

tain the Attorney General's finding of non-perse-

cution, the following letter from the Korean Am-

bassador to the Commissioner of Immigration:

"At the request of your office, I, as the rep-

resentative of Korea in the United States, wish

to make some comments with reference to a

Korean national by the name of Park, Sang

Ryup whom your service has been anxious to

deport to Korea on charges of violating Ameri-

can Immigration regulations.

"It has been brought to my attention that

Park, Sang Ryup has been contending that he

would be subjected to physical persecution in

South Korea if deported there. I will say, cat-

egorically and emphatically, that he will not be

subject to physical persecution in Korea so

long as he abides by the laws of the country.

*See order of May 8, 1952, in case No. 31425.

(Continued on Page 4, Col. 2)

Page 2

AMERICAN CIVIL LIBERTIES-NEWS

Legion Demand for Probe of

Union's Activities Answered

The national convention of the American Le-

gion on August 25 adopted a_ resolution urging

Government investigation of the American Civil

Liberties Union to determine whether it is a "Com-

munist or Communist-front organization." The

resolution also suggested that if an indictment is

warranted, the ACLU and its personnel should be

prosecuted "with full vigor under the Smith Act

and the McCarran Act."

The resolution was introduced by Legion dele-

gates from Illinois who opposed the ACLU's posi-

tion on the notorious "Broyles Bill." This bill

was vetoed by Gov. Stevenson at the last session

of the Illinois legislature. Since the ACLU spear-

headed the fight against this bill, it is quite

conceivable that the Legion's action has political

overtones.

The Union's national office at once responded

with a statement signed by Ernest Angell, chair-

man of the ACLU Board, himself a Legionnaire

and one of the founders of its Willard Straight

Post, and recently chairman of the Second Region-

al Loyalty Board, and Patrick Murphy Malin,

ACLU director.

The statement follows:

The American Civil Liberties Union is com-

pletely open, as it always has been, to any gov-

ernmental investigation. But, before adopting its

resolution, the American Legion should have in-

quired of the governmental agencies-including

the FBI-with which the ACLU is constantly in

touch, and which know the Union and its work

thoroughly.

Former Representative Martin Dies formally

recognized the non-Communist character of the

ACLU on October 23, 1939, in the official record

of the House Committee on Un-American Activ-

ities, of which he was then chairman. The Union's

non-partisan record has been praised by, among

others, President Truman, Governor Dewey, and

General MacArthur. The ACLU has never ap-

peared on any list of the Attorney General. It does

- not appear in the Guide to Subversive Organiza-

tions and Publications, issued May 14, 1951, by

the House Committee on Un-American Activities.

It has since 1940 barred from its governing bodies

and staffs adherents of Communist or other total-

itarian doctrines.

The suggestion that the ACLU is a Communist

or, Communist-front organization is preposterous.

It exists simply and solely to defend the civil lib-

erties-free speech, fair trial and equality before

the law-of everybody. It is thus diametrically

opposed to the political tyranny of Communism.

The only thing about Communists which it ever

defends are their civil liberties, and the only rea-

gon it defends them for Communists is that those

civil liberties belong not to them but to all Amer-

icans.

Even to call in question the integrity of an or-

ganization which for thirty-two years has won

increasing respect for its single-minded devotion

to the basic American principles embodied in the

Bill of Rights is a grave disservice to American-

ism. The ACLU and the American Legion may

disagree on many specific questions, but the Le-

gion should accord the Union the same sort of

respect which the Union accords the Legion or

any other loyal organization with which it may

have differences of opinion-on the basis of hon-

esty, fair judgment, and avoidance of unfounded

accusation. Only thus can this country be loyally

served as a free nation of free people.

League of New York -

Theatres Hits Blacklisting

The League of New York Theatres has an-

nounced its opposition to blacklisting.

The management organization agreed to join

Actors Equity in signing a statement condemning

such discrimination on principle. The League was

thought to be the first employer group to take a

public stand on blacklisting. Actors Equity pre-

viously declared that no performer should be

barred from working only because his name ap-

pears on a so-called blacklist.

Digest' Article Available

The ACLU will have available shortly after the

first of the month J. Campbell Bruce's article re-

printed from the August, 1952, issue of `"Reader's

Digest," entitled, "Must Liberty Bow Her Head

in Shame?" The article discusses the abominable

procedures of the Immigration Service, especially

in relation to the highly publicized cases of Val-

entina Gardner, Peter Nicolof and Alexander Lo-

banov-all handled by the ACLU of Northern

California.

The reprints cost 5 cents per copy. Send orders

to the ACLU, 503 Market St., San Francisco 5,

Calif.

Efforts to Ban `The Mir

Despite U. S. Supreme Court

A new attack on movie censorship is under way,

this time in Chicago.

In this city, the Chicago Division of the Ameri-

can Civil Liberties Union has challenged the right

of the police department to prevent showing of

the Italian film, "The Miracle."

Asking Mayor Kennelly to overrule the depart

ment's censorship board, the ACLU termed the

ban "unwarranted," especially since the U. S. Su-

preme Court ruled unanimously that New York

acted unconstitutionally in prohibiting the same

movie on grounds of "sacrilege." Simultaneously,

the high court declared that motion pictures are

protected by the First Amendment.

The Chicago Division of the ACLU is taking

direct action to test the ban, Edward H. Meyer-

ding, executive director, reports. It has asked Jos-

eph Burstyn, the film's distributor, to name ACLU

and Meyerding as the official Chicago exhibitors

so that ACLU can arrange for a public showing.

If the requests for a permit from the police and;

the mayor to show the film fail, when the film

is shown an arrest will probably follow and the

issue can be tested in the courts.

A private screening is also being arranged for,

for organizational leaders, clergymen, attorneys,

judges and other community officials because of;

the vast interest the controversy has aroused. An;

earlier public showing to test the police ban had

to be abandoned, Meyerding said, because the the-

atre owner, Elmer Balaban, was threatened with

the loss of his license if the screening went on.

The Chicago Division didn't wish to injure Mr.

Balakan or have the case go off on this side issue.

Chicago police first banned "The Miracle" last

Academic Freedom Survey

Notes Bans on Speakers

In its fourth annual supplement devoted to vio-

lations of free speech and civil liberties on the -

college campus, The Crimson, undergraduate daily

news paper of Harvard University, has found a

trend toward the banning of speakers because of

alleged subversive political opinions and an in-

crease in the amount of pressure applied by spe-

cial-interest groups in their attacks on educational ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

institutions.

EKditorially, The Crimson criticizes these attack-

ing groups as "confessing to a nagging lack of

faith in the strength of democracy."'

"In their misguided attempts to protect the

mental health of American youth, they have suc-

ceeded only in undermining it," comments the

paper.

All told, the editors reported on fifty-three

cases involving civil liberties or free,speech on

twenty-five campuses. Last year The Crimson

reported on thirty-five such cases.

Part of the first two pages of the supplement

were devoted to Dr. Dirk Struik, who has been

suspended by the Massachusetts Institute of Tech-

nology while under indictment by the state on

charges of having conspired to overthrow the

Commonwealth of Massachusetts. The Crimson

considers the Struik case to be "one of the most

relevant cases regarding academic freedom."

The other leading case in The Crimson is that

of three faculty members dismissed from Fair-

mont State Teachers College in Fairmont, W. Va.,

in a dispute surrounding Dr. Luella Mundel, art

professor, who was accused of being a "`bad se-

curity risk" by one of the trustees.

The cases where banning of speakers was in-

volved were the University of California; the

public schools of Red Bank, N. J.; Ohio State

University; and the University of Michigan. In

one of these cases, however, The Crimson reported

at least partial victory for civil liberties-at Ohio

State, where a gag rule imposed by the trustees

was modified. The Crimson could also report other

victories on the civil liberties front. These in

cluded:

The veto by Gov. Adlai Stevenson of the Broyles

Bill, a rigorous anti-sukversive loyalty oath passed

by the Illinois legislature.

The restoration of Mark Van Doren's books to

the library shelves of Jersey Citv (N. J.) Junior

College after having been banned by the Board

of Education.

On the other hand, the Crimson reported some

further inroads into civil liberties, particularly

by pressure groups. It noted that Allan A. Zoll's

National Council for American Education, which

is pledged to "keep American education Ameri-

can," has jumped its list of so-called `"Reducators"'

from 245 to 345. It also noted the signing of the

Massachusetts anti-subversive measure, which

covers teachers, by Gov. Dever; the continued

attacks on Sarah Lawrence College in Bronxville,

N. Y., by the American Legion; and the firing of

two professors by the University of Colorado.

acle' Continue

Decision

year-prior to the Supreme Court decision-on

grounds that it "features immorality" and "ex-

poses a religion to ridicule." The police censor

board stood by this decision recently when it re-

ceived a new application for a license to show "The

Miracle."

In spite of the Supreme Court ruling, `The

Miracle" has also encountered difficulties in Ohio.

There the state censor has banned the entire tril-

ogy (``The Ways of Love") of which "The Miracle"

is a part. He took the action on "moral grounds,"

he announced, stressing particular concern about

the "behavior and distorted values" of the prin-

cipal character in "The Miracle." Burstyn has

filed a suit in the Ohio Supreme Court, challeng-

ing the action, which will be heard in the fall.

In both the Chicago and Ohio cases, the national

office of the ACLU closely cooperated with Burs-

tyn in planning the legal tests and will file "friend

of the court" briefs when the cases are heard.

"It is almost ridiculously corny,' commented

Bosley Crowther, movie critic of the New York

Times, in a recent article in that newspaper, "that

Ohio should be the state to offer such obvious de-

fiance of the dictum of the Supreme Court. For,

of course, it was Ohio that originally obtained

from the court, away back in 1915, when movies

were young and immature, the increasingly obso-

lescent ruling (which stood until the ruling in "The

Miracle" case) that movies were mere commercial

`spectacles' and not entitled to the guarantees of

free press. It is, you might say, `in character' that

the Ohio censor should die hard... .

"Of course, in each of these cases-and in others

that may arise-the distributor of `The Miracle,'

Joseph Burstyn, can probably get, relief from the

courts. ... But, in view of the (Supreme) court's

recent ruling, it seems both unfair and a shame

that Mr. Burstyn should have to go on fighting

for the right to exhibit his film. Not only is it

laborious and wasteful of many persons' time but

it is a matter of one individual having to bear, the

expense of battling for a public cause."

Crowther said that "the public itself should take

a hand in making official arrangements that pre-

release censorship should go....

`Here in New York, for instance, our censor still

functions merrily and there are even dark hints

by certain people of further restraints upon films.

The censor-mind is tenacious. It will not abolish

itself. Nor has it the power to do so. That's up to

the Legislature, which should now heed the Su-

preme Court." :

_ Civil Liberties Pamphlets

The following pamphlets may be secured by

writing to the ACLU office, 503 Market St., San

Francisco 5. Please accompany order by remit-

tance.

Academic Freedom and Academic Responsibil-

ity. Price, 10c.

Democracy in Labor Unions. Price 26c.

The Black Silence of Fear, by William O. Doug-

las. Reprinted from the New York Times

Magazine. Price 5e.

Are U. S. Teenagers Rejecting Freedom?, a

Look reprint on the findings of Purdue poll-

takers who queried 15,000 young people on

ies thoughts regarding civil liberties. Price,

Cc.

Loyalty in a Democracy, a Public Affairs Com-

mittee roundtable report by leaders in the

liberties field. Price, 26c.

What to Do About "Dangerous" Textbooks, by

Edward N. Saveth, Reprinted from Commen-

tary. Price 10c.

Are We Losing Our Civil Liberties in Our Search

for Security? Reprint of Town Meeting of the

Air with Patrick Murphy Malin and Repre-

_ sentative Harold H. Velde. Price, 10c.

The Smith Act and the Supreme Court. The

ACLU's analysis, opinion and statement of

policy. Price, 26c.

Security and Freedom: the Great Challenge.

30th Annual Report by the national office of

the ACLU. Price, 36c.

Fear and Suspicion. Last annual report of the

ACLU of Northern California. Price, 10c.

Crisis at the University of California. A Further

Statement to the People of California, by Dr.

Alexander Meiklejohn. Price, 10c.

The Crisis in Freedom, by Dr. Alexander Meik-

lejohn. Reprinted from the June, 1952, issue

of The Progressive. Price, 10c.

Must Liberty Bow Her Head in Shame, by J.

Campbell Bruce. Reprinted from the August,

1952, issue of Reader's Digest. An account

of several ACLU immigration cases. Price, 5c.

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AMERICAN CIVIL LIBERTIES-NEWS

Page 3

Quaker Group Cancels

Meeting Under Pressure

Outside pressure has forced the cancellation of

a, two-day meeting that was to have been held by

the American Friends Service Committee at South-

west Texas State Teachers College, at San Marcos,

Texas. :

R. A. Childers of the Childers Manufacturing

Co., Houston, has sent ACLU photostatic copies

of a letter sent to the nine regents of the college

over the signature of William M. Michels, 10th

precinct memker of the Harris County Democrat-

ic Executive Committee. Michels stated that he did

not approve of any "group advocating any pet

programs which are of a highly controversial

nature" using tax-supported building.

He enclosed material signed by Helen Thomas

of Houston, who stated that "the American

Friends Service Committee might be called the

American `Enemies' Service Committee judging

from some of the speakers the group has spon-

sored and some of the literature sold at its ses-

sions."

The Thomas material claimed that the commit-

tee has "come under the domination of the coali-

. tion-left, and no longer represents the old-line

Quakers."

The Thomas report attacked several speakers

at the scheduled San Marcos meeting: Anna Lord

Strauss, who it says was cited by the Un-American

Activities Committee `as a sponsor of Consumers'

National Federation, which was cited as an agency

of the Communist Party for spreading propaganda

in schools and through women's clubs"; John

Swomley, who it lists as a secretary of the Na-

tional Council Against Conscription; Djura Nincic,

a "law graduate of the London School of Eco-

nomics, training ground of Fabian Socialism."

Childers also states that a contributory factor

in the cancellation of the San Marcos meeting was

`the report put out by the National Headquarters

of the American Legion" that another speaker,

Emily Brown, had belonged to subversive organ-

izations.

"Actually," says Childers, "this report referred

to an entirely different person. Miss Brown was

a member of the Institute of International Rela-

tions Faculty and was actually working on a

guided missile project for the Navy at the time

that the other Miss Brown was engaged in alleged

subversive activities."

ACLU Hits La. "Communist

Control' Law as Vague, Invalid

A proposed Louisiana Communist Control Act,

now pending in the state legislature, would re-

quire the registration of all members of the Com-

munist Party or of Communist-front organizations

and would force such people to divulge full infor-

mation on the organizations to which they belong

to the State Department of Public Safety.

According to the union, the proposed law is

unconstitutional on several grounds, foremost

among which is its vagueness and its failure to

define what a Communist is.

The proposed act says that a.Communist "is

a person who is a member of the Communist

Party, notwithstanding the fact that he may not

pay dues to, or hold a card in" the party, or "who

knowingly contributes funds or any character of

property" to it. It also defines him as anyone ad-

vocating or committing "any act reasonably cal-

culated" to overthrow the government.

The union calls this section `unconstitutional

for vagueness."

The bill further requires the registration of any

members of "Communist-front organizations,'

which it defines as any "group listed by the U. 8.

Department of Justice."

The union points out that "there is, of course,

no list" by the Justice Department but that the

Attorney General's list of allegedly subversive

organizations is probably meant. It further points

out that the Supreme Court has held it illegal as

"a basis for making acts criminal.'

As for the registration provisions as a whole,

the union contended they are "unconstitutional

since they legislate in a field already pre-empted

by Congress in the Internal Security (McCarran)

Act of 1950."

The union also pointed out that since anyone

who registers may reasonably fear prosecution

under both that act and the Smith Act, "the law

obviously would involve violation of the privilege

against self-incrimination."

A section prescriking punishment for commit-

ting sabotage of property involved in national

defense, said the union, is the "proper way to deal

with the Communists... since this is punishment

of acts, not speech." But the union criticized the

definition of national defense property as vague.

te

Government Supports Security Charges With

Testimony of Form

A week-long hearing in a security case at Mof-

fett Field last month was highlighted by the ap-

pearance of an adverse witness who admitted

under cross-examination that he was formerly a

member of the Ku Klux Klan. The testimony

brought strenuous objections from the Govern-

ment which prevented further inquiry into the

subject.

The hearing has thus far taken over thirty

hours. It will be continued on September 9.

The Klan supporter testified that the accused

followed the Communist Party line in his support

of Negro causes, disarmament, federal housing,

price control and "concentration of power in

Washington." Said the witness, "I asked him

where he had gotten his information; he had cer-

tainly not gotten it out of the (San Francisco)

Examiner."

The witness also claimed he had heard the

employee express himself favorably about Harry

Bridges, Alger Hiss, William Remington and the

Communist trials in New York, but he could not

remember precisely what was said. These conver-

sations reportedly took place two or three years

ago during the regular "coffee hour" at Moffett

Field.

The case had its inception last October 10 when

the employee was served with an interrogatory.

Thereafter, loyalty and security charges were filed

against him. Following a three-day hearing last

January, the employee was cleared on the loyalty

charges but was found to be a security risk. On

appeal to the Secretary of the Navy the decision

was reversed and revised charges were authorized.

The revised charges do not allege membership in

any subversive organization. It is claimed, how-

ever, that the employee took a very active part in

the Independent Progressive Party and that at

various times between 1946 and 1951 he distri-

buted copies of the `""New Masses." He denied any

association with the I.P.P. and claimed he had

never even seen the publication.

He admitted subscribing to "In Fact" and "`Vet's

Voice" and that his wife, who is a registered Rep-

ublican, was sold a subscription to the Daily

People's World for a period of from 3 to 6 months

in 1948. Also, a person whose name he used as a

reference was alleged to be a member of AVC and

a leader in the student cchapter of the National

Lawyer's Guild at Stanford in 1948. This same ref-

erence was also reported " to be a good friend of a

known Communist Party member and to have ap-

plied for a position with a firm of attorneys active

in the defense of Communists."

In addition, the employee was charged with

making statements supporting and defending

ACLU Protests TV Ban

On James Wechsler

FLASH! James Wechsler has been returned

to the show, "Starring the Editors," which will

continue for at least two weeks without a spon-

sor following expiration of the contract with the

Grand Union Co.

The recent dismissal of James A. Wechsler from

the television network show, "Starring the Edi-

tors," has been termed "a flagrant violation of

the civil liberties principle of non-censorship."

In a sharply critical letter sent to Lansing P.

Shield, president of the Grand Union Company-

sponsor of the program-the American Civil Lib-

erties Union also declared:

"The action ... is more than a technical viola-

tion of civil liberties. It is a distressing demon-

stration of the lack of faith of a major American

business in the principle of freedom, which has

permitted American business to flourish and grow

under our democratic system."

Wechsler, editor of the New York Post, was

dropped from the show on the grounds that he

had become a "controversial" person after publi-

cation of a newspaper story reviewing his former

membership in the Young Communist League. An

active anti-Communist since leaving the League

15 years ago, Wechsler made no secret of his

past YCL affiliation. It has been a matter of public

record since 1937.

"At a time in our history when we are striving

to exhibit to the world that American democracy

represents decency, fairness and justice, and of-

fers more than Communist tyranny, this example

of undemocratic behavior is a real disservice to

this endeavor,' ACLU's letter asserted.

The union reminded Shield that a recently com-

pleted ACLU investigation showed that blacklist-

ing of radio and television performers for political

beliefs and associations is widespread. The Civil

Liberties Union "believes that persons should be

judged in this and other fields solely by the single

standard of competence."

er Member of Ku KI

ux Klien

Harry Bridges, Alger Hiss, William Remington

"and other known Communists or Communist

sympathizers." It was also claimed he had criti-

cized U. S. intervention in Korea and to have

stated that the sentencing of the New York Com-

munist leaders by Judge Medina was the result

of a witch-hunt.

Finally, catch-all charges were tossed in to the

effect that the accused had followed the Com-

munist Party line concerning "the United States

system of Government, the United States system

of free enterprise and ownership of property, and

the preparedness program of the United States."

It was alleged too that he had "continuously anta-

gonized fellow employees by expressing radical

and pro-communistic views to such an extent that

you have gained the reputation of being radical

and a Communist sympathizer."

Besides the testimony from the Klan member,

the Government read (without incorporating into

the record) the testimony of a disclosed adverse

witness who had been heard in private, and the

statement of another informant. A supervisory

employee, who testified for the accused, declared

that the Government's three witnesses were hot-

headed, ``rabid Republicans."

The statement from the adverse witness con-

tains such vague language as the following: `He

expresses himself to be socialistically inclined to

the point of being radical..... D- was for the

defense and against the prosecution in the case

tried by Judge Medina. .. . D is pro-Bridges. D

took the part of radicals in all discussions with

me. D also argued with me in favor of Alger Hiss.

"T am of the opinion that D is or was a reader

of Communistic literature from which he pro-

pounded his arguments in favor of the Commun-

ists and radicals, and in my opinion D's entire

philosophy is extremely radical." Obviously these

are all conclusions without any supporting evi-

dence. The man who gave them is suspected of

being a former Klan member.

_ The testimony of the witness who was heard

in private was fantastic, and no effort was made

by the Government to test its truth by searching

questions, All of the conversations reported were

alleged to have occurred in 1946. It was claimed

that the accused had criticized capitalists and

capitalism, but the precise subjects of discussion

were not given. There were also vague statements

that the accused once talked to the witness about

"travel or traveling," and that he had asked him

whether he carried a card. When the witness

brought out his lodge card the accused is alleged

to have said, ""We're not talking about the same

thing."

On another occasion, the witness claimed when

all employees were being fingerprinted the ac-

cused had not taken his proper turn, and that

when he spied on the accused the latter said, "I

guess you're going to turn me in." He claims he

answered, "I think there are other people. I think

you'll be turned in by someone in the business. He

must certainly have felt guilty." The testimony

impressed this writer as being the product of a

mentally ill person. The accused denied that any

conversations of this kind had ever taken place.

Some seventeen witnesses testified on behalf

of the accused. In addition, counsel sought to in-

troduce into evidence several affidavits attesting

to the trustworthiness of the employee, but they

were rejected after an objection by the Govern-

ment representative. Also, a supporting state-

ment signed by sixteen fellow employees was. not

allowed in evidence.

In signing the round-robin statement, one em-

ployee declared, "I do not believe Mr. D is pro-

Communistic. Any remarks I have heard him

make were not essentially different from remarks

of any other American; that is, expressing his

views without being unpatriotic or `pro-Commun-

istic'." Another employee expressed the view that

"these opinions which he has expressed are held:

by a great many other loyal Americans."

"The Judges and the Judged!

The Union now has available only 10 copies

of Merle Miller's book, "The Judges and the

Judged"-a study of blacklisting in the radio

and television industry made especially for

ACLU. By special arrangement with Double-

day and Company, this book, which ordinarily

sells for $2.50, is available to ACLU members

at $1.81, including sales tax. Orders should

be sent to the American Civil Liberties Union,

03 Market St., San Francisco, together with

a check.

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

eurontered 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

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."

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."

6-Placing the Levering Act con-

formity oath for public employees

in the State Constitution.

Vote "No."

No. 14-Repealing Article XIX of the Cali-

fornia Constitution, an anti-Chi-

nese section. Vote "Yes."

No.

No.

Changes Taking Place

At the ACLU Office

As a result of the recent successful membership

drive, the ACLU added a stenographer to its local

staff last month in the person of Mrs. Lorraine

Burtzloff. That raises the paid staff to three per-

sons.

Still unfilled is the position of staff counsel

which has attracted about a dozen applicants. The

candidates for the jok will be interviewed by a

Personnel Committee in the immediate future.

In the meantime, the Union's quarters have

been enlarged by the acquisition of an adjoining

room, thus giving the Union a three-room suite.

Additional help and added space have also re-

quired the purchase of furniture and equipment.

The office has thus far purchased a new electric

typewriter-its third, besides a new desk and a

couple of stenographer's chairs. The Union must

still equip the staff counsel's office and install a

third telephone line.

In addition to its three electric typewriters, the

Union has a number of other pieces of electrical

equipment that enable the office to turn out work

in great volume. Included are a mimeograph, an

Elliott addressing machine, a folding machine and

an adding machine.

Until last month, the Union had never pur-

chased a desk. The two desks that have been in use

for almost eighteen years (and are still in use)

were donated to the Union, one by Austin Lewis

and the other by Wayne Collins.

Membership Grows

The Union's office received nineteen new mem-

berships last month which are attributable to the

special membership campaign conducted last

spring. The new members paid a total of $83. As

a result of this latest sprinkling of memberships,

the final campaign figures now stand at 939 new

members and $5636.

The Union's paid-up membership on August 30

is estimated at 2950, which is expected to be a

peak for the current fiscal year ending October

31. In addition, the Union has 260 separate sub-

scribers to the "News."

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

Gas eee 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 6...........- per month........ or $ per yr.

Please enter my subscription to the NEWS ($1

per year)

Enclosed please find $............0.......--------" Please bill

MGs ee,

Street

City and Zone .....

Occupation. ........ eee

Immigration Service Releases Sang Ryup

Park on Order of Federal Judge Goodman

(Continued from Page 1, Col. 3)

"You will be interested to know our court sys-

tem and our legal system are such that the

rights and privileges of individuals in Korea are

well-protected, as in the United States. Even

those citizens who have violated existing laws

of Korea have full privileges of receiving pro-

tection and assistance to guarantee their

rights."

The court thereupon stated that no showing

had been made that the Attorney General's finding

was based upon the Ambassador's letter or that

the Attorney General or the State Department

certified the letter to be a pledge or agreement on

the part of the Government of Korea. For the

purpose of procuring such evidence, the hearing

was continued.

At the adjourned hearing, the only evidence

presented was a letter of the State Department

stating that the Korean Ambassador was the rec-

ognized representative of the Korean Govern-

ment. Thus nothing not previously known was

added. In that posture, the cause was submitted.

In this state of the record, the question is whe-

ther the Attorney General's finding is valid within

the statute.

Consideration must first be given to the Con-

gressional intent and purpose in including the

"physical persecution" provision in the amend-

ment to Sec. 20 of the Immigration Act of 1917.

(8 USC 156.) -

The `physical persecution" provision was not

included in Sec. 23 of the Internal Security Act of

1950 (which amended Sec. 20 of the Immigration

Act of 1917) until late in the legislative history of

Sec. 23.' Considerations of fairness and humanity,

as may be discerned from the discussion and re-

ports referred to in note 2, motivated its adoption.

The language of the statute leaves no room for

doubt that congress did not intend to vest in the

Attorney General power to make any decision as

to deportation he felt like making, For the Con-

gress gave a mandatory inflection to its words.

It said that "no alien shall be deported... to any

country in which the Attorney General shall find

*The "Physical persecution clause was not in the amendment to

Sec. 20, originally formulated in H.R. 10, 8ist Congress, Ist Session,

but, discussions on the subject appear in the Transcript of the Hear-

ings before Subcommittee No. | of the House Committee of the

Judiciary, May 20, May 25, July 18, 1949. See also Minority Report

on H.R. 9490, Report No. 3112, 8Ist Congress, 2nd Session.

The Senate in an amendment to H.R. 10, inserted the physical

persecution provision. See Senate Report No. 2239, 8Ist Congress,

Ist Session.

H.R. 10 died with the first session of the 8Ist Congress.

In the 2nd session, S.B. 4037, including the "persecution' clause

passed the Senate. See Senate Committee Report No. 2369, 2nd

Session, 81st Congress.

S.B. 4037 was incorporated. into H.R. 9490 and the latter became

the Internal Security Act of Sept. 23, 1950. See Conference Report

on H.R. 10, 81st Congress, Ist Session, House Report No. 1192.

For a recent discussion of the legislative history of Sec. 20 see

U. S. ex rel. Camezon v. District Director of Immigration, 105 Fed.

Supp. 32. (D.C.S.D.N.Y. 1952).

ACLU Hits Smith Act In

Los Angeles Communist Trial

Continued opposition to the Smith Act was

voiced by the Southern California branch of the

ACLU at the recently concluded trial in Los

Angeles of 14 Communists accused of advocating

overthrow of the Government by violence.

In a "friend of the court" brief filed prior to

conviction of the 14 defendants, the ACLU branch

contended that prosecutions under the Smith Act

"inherently, inevitably violate free speech .. .

without respect to the identity of the persons or

organizations prosecuted under this law."

Abraham Gorenfeld, a local ACLU attorney who

argued for acquittal of the defendants, asked

Federal Judge William C. Mathes to "draw the

line and to exclude from the scope of the Smith

Act situations to which it cannot constitutionally

be applied." A. L. Wirin, counsel for the ACLU's

Southern California branch, who acted independ-

ently as an attorney for three of the defendants,

expressed belief that only freedom of opinion was

at issue.

Disagreeing, Judge Mathes declared the jury

"has found that these defendants conspired to

teach and advocate the necessity and the duty of

violent overthrow." He imposed maximum pun-

ishment of five years imprisonment and $10,000

fines on each of the 10 men and four women

defendants.

The ACLU, an implacable foe of Communist

totalitarianism, considers the Smith Act unconsti-

tutional and has opposed similar convictions of

Communists under the act. The U. S. Supreme

Court upheld the convictions of 11 leading Com-

munists tried in New York in 1949 for violating

the act.

that such alien would be subject to physical per-

secution."" No reasonable mind could say other

than that Congress intended to forbid deportation

where substantial evidence of probable physical

persecution existed. And a "finding," in every ju-

dicial sense, connotes more than a perfunctory

disposition of a human being. That is too remin-

iscent of the familiar "purge" or "liquidation."

The Courts are, of course, all too mindful of

the important and essential purpose of the Inter-

nal Security Act and necessarily of their part in

its effective implementation. But likewise there

is equally the high duty of effectuating the clear

Congressional purpose to forbid the sending of a

deportable alien to death or torture.

The record still discloses substantial and undis-

puted credible evidence that petitioner's "life

would be in grave danger if he were placed within

the jurisdiction of the- present government of

south Korea." Against this is ony the quoted let-

ter of the Korean Ambassador.

Standing alone the fact that the United States

maintains diplomatic relations with South Korea

is not a reasonable basis to sustain the Attorney

General's finding. For it is apparent that the stat-

ute contemplates that the finding of the Attorney

General would necessarily pertain only to countries

with which we maintain diplomatic relations. This

is so because obviously we cannot deport to a

country unwilling to accept the deportee. Nor

should a statement, solicited by the delegate of

the Attorney General from the diplomatic repre-

sentative of such nation, that the alien would not

be persecuted there, suffice. No other reply could

reasonably be expected. By it, the Attorney Gen-

eral did not receive any more evidence or infor-

mation about conditions in Korea than he had

theretofore. Such a statement obviously could be

obtained for the asking in every case in which

the Attorney General is required to make a find-

ing. It is not the sort of evidence, upon which a

solemn finding, involving human life, should de-

pend. Particularly is this so, when the sole power

and resource of the government are available to

the Attorney General. There is open for him the

knowledge and power of the State Department.

The latter could furnish him its knowledge of con-

ditions in Korea as effecting petitioner. As well it

could state whether the Korean government agreed

to or pledged non-persecution of the petitioner.

Upon such a showing the finding of the Attorney

General might well be completely unassailable.

But nothing of the kind is presented here. So we

adhere to the view expressed in No. 31425, that the

finding of the Attorney General is arbitrary.

The writ is granted and the petitioner is re-

leased from custody, subject, however, to the

exercise of the power of supervision over him by

the Attorney General as provided in 8 USC

156 (b).

Dated: August 19, 1952.

LOUIS E. GOODMAN,

United States District Judge.

Executive Committee

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

Vice-Chairmen

Fred H. Smith, IV

Secretary- Treasurer

Ernest Besig

Director

Philip Adams

Prof. Edward L. Barrett, Jr.

John H. Brill

Prof. James R. Caldwell

Wayne M. Collins

Rev. Oscar F. Green

Alice G. Heyneman

Prof. Van D. Kennedy

Ruth Kingman

Seaton W. Manning

Rev. 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