vol. 20, no. 8

"Eternal vigilance is the price of liberty."

Free Press

Free Assemblage

Free Speech

VOLUME XX

SAN FRANCISCO, CALIFORNIA, AUGUST, 1955

NUMBER 8

Eviction of Tenants Refusing

To Sign `Oath' Set Aside

The United States Court of Appeals in Washing-

ton, D.C., on July 21, held that tenants in Federally

supported housing projects may not be evicted

because of their refusal to sign a `certificate of

non-membership" in organizations on the Attor-

ney General's `subversive' list. Filing of the

"oath" was required under the so-called "Gwinn

rider" to a federal appropriation measure.

The court said the Attorney General's Consoli-

dated List was intended for use in screening Gov-

- ernment employees, "not tenants." In its unani-

mous opinion the court added that `"`the United

States acted arbitrarily....Their (the tenants')

refusal to deny they were members of any organi- |

zation on the consolidated list was not proof that

they were members."

The Attorney General's Consolidated List in-

'- cludes organizations under various categories.

Even if there were proof the tenants were mem-

bers of an organization on the list that had not

been labelled "subversive" but instead "totalitar-

ian," for example, `knowing nothing more of its

character, would be an arbitrary ground for an

administrative decision to evict them from public

housing."

"We have pointed out that most of the organiza-

tions on the Consolidated List were not designated

as subversive by the Attorney General," said the

Court, "and that the Rudders (the tenants) were

not shown to be members of any organization."'

"The Government as landlord," said the Court,

"is still the Government. It must not act arbitra-

rily, for unlike private landlords, it is subject to

the requirements of due process of law. Arbitrary

action is not due process." :

- The Court avoided ruling on the constitutional-

ity of the law which bars tenancy in public housing

projects to persons holding membership in organ-

izations on the Attorney General's subversive list.

In similar test cases handled by the ACLU of Nor-

thern California in Richmond and San Francisco,

Superior courts took opposing positions on the

constitutionality of the law and both cases are

how on appeal to California District Courts of Ap-

peal.

The Washington, D.C. case involved John and

Doris Rudder. The decision in the case was written

by Chief Judge Henry W..Edgerton and concurred

in by Judges David Bazelon and George T, Wash-

ington.

Comic Book Ban Vetoed

By Gov. Goodwin Knight

The civil liberties record of the 1955 session of

the California Legislature was improved last

month when Governor Goodwin Knight pocket-

vetoed a bill banning crime comic books. He ex-

plained he had grave doubts whether it was con-

stitutional.

On the other hand, a recent Associated Press

survey showed that during the current year 12

states enacted laws to curb comic books depicting

horror, sex or violent crimes-either banning them

completely or forbidding their sale to persons

under 18 years of age. Anti-comic book legisla-

tion is still under consideration in three other

states. .

As a result of Gov. Knight's veto, only two

minor anti-civil liberties bills were adopted by the

Legislature: one extending the Levering Oath to

members of country central committees, and the

other amending the Dilworth Act to allow inquiries

_ into political opinions and associations beginning

October 3, 1945, instead of September 10, 1948, as

is provided in the present law. As a result, teach-

ers who in subscribing to their "Levering oaths"

in October 1950 denied subversive associations

during the previous five years may now he ques-

tioned as to their associations during that period.

San Francisco Judge Upholds

Veterans Tax Exemption Loyalty Oath

Superior Court Judge William T. Sweigert of

San Francisco, on July 25, decided that the Cali-

fornia law requiring loyalty oaths for most tax

exemptions is valid.

The decision was handed down in the case of

Daniel Prince, 32-year-old veteran, who 14 months

ago filed a test suit challenging constitutionality

of the law. After refusing to sign the oath, and

consequently having his $1000 veteran's exemp-

tion disallowed, Prince sued to recover the addi-

tional $53.45 in property taxes which he paid un-

der protest.

Oath Requirement

The oath requirement springs from a constitu-

tional amendment adopted in 1952 which provides

that no one who advocates the overthrow of the

United States or the State by force and violence

or other unlawful means or who advocates the sup-

port of a foreign government against the United

States in the event of hostilities shall receive any

exemption for any tax imposed by the state, coun-

ty, city or other political subdivision.

In order to put this constitutional provision into

effect, the Legislature in 1953 adopted Section

32 of the Revenue and Taxation Code which pro-

State Supreme Court Upholds

Dismissal of Dr. Steinmetz

The State Supreme Court last month upheld the

dismissal of Dr. Henry C. Steinmetz, former psy-

chology professor at San Diego State College, for

refusing to state whether he was a Communist

Party member.

The ACLU, Southern California branch, which

sponsored Steinmetz's fight for reinstatement to

his teaching post, announced that the matter of

appeal is under study by Steinmetz and the branch

board.

Steinmetz was discharged in 1954. He had asked

the State Supreme Court for a writ compelling his

reinstatement in the job he has held since 1930.

The court rejected his petition by a 6-1 vote, with

Justice Jesse Carter dissenting.

While the majority upheld the constitutionality

of the Luckel Act, requiring public employees to

answer questions about their opinions and asso-.

ciations, Justice Carter argued that "the statute is

an abridgement of the constitutionally guaranteed

privilege not to testify against oneself.

Arthur P. Allen, Member of

ACLU Executive Comm., Dies

Arthur P. Allen, member of the Executive Com-

mittee of the ACLU of Northern California since

November 1953, died on July 21. He was 63.

From 1952-53, Mr. Allen served as chairman of

the San Francisco regional office of the Wage

Stabilization Board. He also served on the War

Labor Board and on the staff of the University

of California's Institute of Industrial Relations.

After engaging in copper mining for seven years,

upon graduating from Michigan College of Mines,

Mr. Allen was for 21 years an automobile dealer

' in San Pedro.

In 1948, he was a member of the Presidential

Board of Inquiry in the maritime dispute of 1948.

During recent years he had had considerable ex-

perience as a labor arbitrator.

Mr. Allen was a man of great courage and in-

tegrity. He respected the other fellow and was

regarded as a "square shooter." He had a passion-

ate devotion for freedom and he gave generously

of his time and energy in helping in the work of

the ACLU in Northern California.

His survivors include his wife, Margaret, two

sons and three daughters. iS

vides, in part, that in any tax return in which an

exemption is claimed, other than the householder's

exemption, must contain a declaration that the

person does not advocate the doctrines in question.

Five ACLU Test Cases

The Prince case is one of five cases filed by the

ACLU of Northern California in this area to test

the constitutionality of the law. Presently, the

ACLU is awaiting a decision in the San Leandro

Methodist Church case which was argued three

months ago in the Superior Court of Alameda

county. Two other suits, that of Lehrer v. Hall,

filed in Marin county, and the Unitarian Church of

Berkeley, are still in their initial stages. Similarly,

a suit under private auspices, that of the San

"Jose Unitarian Church, is in its initial stages.

The case that is farthest advanced is the veteran's

tax exemption case of Lawrence Speiser,

Judge Sweigert's decision in the Prince case will

be appealed directly to the State Supreme Court.

Under the California Constitution, all tax cases

may be appealed directly to that court from the

trial court. The Supreme Court may retain the case -

or refer it to a District Court of Appeal.

Two Cases Pending Before Supreme Court

The Supreme Court presently has before it two

tax exemption loyalty cases in which the decisions

were opposite to that reached by Judge Sweigert.

The first of these cases, that of Lawrence Speiser,

ACLU Staff Counsel, against the assessors of Con-_

tra Costa county and San Leandro, reached the

State Supreme Court on June 20. In that case, the

five Superior Court Judges of Contra Costa county

held that the law in question requires "those who

advocate doctrines unacceptable to the rest of

us to pay a larger tax than those who refrain from.

expressing such doctrines. We do not feel that this

reasonably tends to avert a clear and present dan-

ger to the State." They also held that since the

oath requirement did not apply to income and in-

(Continued on Page 4, Col. 2)

Los Angeles County Loyalty

Qath Tax Form Invalid

The American Civil Liberties Union has won

the first round in a legal attack on Los Angeles

ae tax forms that contain a loyalty declara-

ion.

Superior Judge Kurtz Kauffman granted a tem-

porary injunction restraining the county tax

assessor from including such declarations on all

tax forms mailed in 1956 to ail taxpayers, regard-

less of whether they are seeking tax exemptions.

A 1952 California law requires veterans, religious

groups and schools asking tax exemptions to sign

loyalty oaths. :

The injunction was issued in a suit filed by A. L.

Wirin, counsel for the American Civil Liberties

Union, Southern California Branch, on behalf of

Mrs. Elinor G, Hoffman of Pasadena. The plain- .

tiff's petition argued that the form violates the

First, Fifth and Fourteenth Amendments to the

Constitution. While only those seeking tax exemp-

tions were required to complete the loyalty decla-

rations, other taxpayers had to execute it or

strike the loyalty oath from their forms. Judge

Kauffman said that this procedure should not be

required.

The jurist pointed out that he was not setting

a legal precedent by his ruling but only enforcing

the 1952 law. He exempted the county tax assessor

from recalling current tax forms with loyalty

declarations, already mailed to taxpayers, but

ordered separate forms without loyalty declara-

tions prepared for the next tax assessment period

in the spring of 1956. He commented that the

case might not reach trial for nearly a year,

`Page 2.

AMERICAN CIVIL LIBERTIES UNION-NEWS |

AUGUST, 1955

Pre-Censorship of Krebiozen

Drug Book by Court Scored

A freedom of the press case of unusual interest

was recently argued in Massachusetts Superior

Court in Boston. :

Argument was heard on a restraining order

that has barred publication of a controversial

book, "Krebiozen: The Great Cancer Mystery,"

by George D. Stoddard, ousted president of the

University of Illinois. The order is thought to be

the first of its kind in recent publishing history.

The court took the case under advisement.

ACLU Seeks to Intervene

The Massachusetts branch of the American

Civil Liberties Union sought court permission to

file a friend of the court brief holding that prior

censorship of books is illegal, but its petition was

denied without prejudice on the ground that the

American Book Publishers Council brief would

make the same argument. The Massachusetts

ACLU will seek to intervene if the case goes to

the higher courts. The original order, issued by

Judge Joseph L. Hurley, was condemned in the

editorial columns of the St. Louis Post-Dispatch

and the Chicago Daily Tribune.

Publication of the book, scheduled for May 18,

was prevented by the restraining order, in effect

since April 6. Plaintiffs are Stevan Durovic, de-

veloper of krebiozen, an alleged cancer cure; his

brother, Marko Durovic; Dr. Andrew C. Ivy, who,

as an early supporter of krebiozen, permitted re-

search on it at the University of Illinois;-and the

Krebiozen Research Foundation.

Right of Public Debate

_ Counsel for the publishers argued at last week's

hearing that "there is no safe road to the truth

without the right of public debate and criticism. |

The issuance of an injunction in this case would

close this road and this is a road which the Con-

stitutions of the United States and of Massachu-

setts, as construed again and again by our Courts,

say shall not be closed. .. . The point at issue in

the present proceeding is whether the truth or

falsity of the petitioners' claims shall be tried and

tested in the crucible of the fullest and freest

public discussion or whether the Court can or

should assume the awful responsibility of stifling

such discussion before its birth... ."

_ The book describes the differences which arose

- over merits of the drug. Dr. Stoddard was dis-

missed as president of the university two years

ago after decreeing that the institution should not

conduct further research on krebiozen because of

its questionable value. As vice-president of the

university, Dr. Ivy opposed Dr. Stoddard's de-

cision. The former was suspended for three

months by the Chicago Medical Society as a re-

sult of events following the first public announce-

ment of the drug.. The American Medical Asso-

ciation has termed it worthless. Some medical

and religious groups have endorsed it.

The Beacon Press has been threatened with in-

-- junctions and urged to suppress the book since

shortly after contracting for it a year ago.

Bar Discrimination in Gov't

Aided Housing in New York

New York has become the first state to forbid

discrimination in housing which receives govern-

ment mortgage insurance. The Metcalf-Baker bill

passed the legislature unanimously and was signed

into law by Gov. Harriman. The law is regarded

as a most significant advance.

According to the National Committee Against

Discrimination in Housing, which sponsored the

bill, almost fifty per cent of all new construction

is covered by FHA or VA mortgages. And despite

years of pressure and the filing of a law suit, FHA

has heretofore refused to make non-discrimination

a condition of its granting mortgage assistance

to builders of multiple dwellings. The law went

into effect July 1 and holds effect as long as the

insurance is outstanding.

Close observers feel that the law will be valuable

and effective only to the extent to which it is

enforced. Up to now, it is estimated, not more

than two per cent of the total amount of new

FHA-insured housing has been available to non-

whites. Once the law takes effect, if a builder

wishes to have the advantage of government mort-

gage insurance, he will have to insure non-dis-

crimination in sales or reritals. It is believed that

because of the real assistance that FHA and VA

offer the builder or developer, it is not expected

they will refuse those benefits.

But it is also expected that future legislation

will be necessary to enforce the law. Right now,

the method of enforcement is through law suits.

Another MetcalfBaker bill signed into law by

Gov. Harriman grants the State Commission

Against Discrimination new power to enforce

already existing laws which bar discrimination in

public and publicly-assisted housing.

Should A University Engage

In Secret Government

The continuing discussion about "thought po-

licemen," ``contact men," the functions of a univer-

sity security officer, security procedures and

related matters at the University of California,

make the following statement of Dean McGeorge

Bundy of Harvard University on "National Se-

curity" especially pertinent.

Dean Bundy is Professor of Government and

Dean of the Faculty of Arts and Sciences, His

statement was made before the Subcommittee on

Government Operations of the United States Sen-

ate. The "News" reprints only that part of his

statement wherein Dean Bundy is speaking for

Harvard University. _

I

Harvard and Government Security

Except in time of all-out war, it has been the

historic policy of Harvard University to empha-

size the importance to the nation of open research

in basic subjects; for this reason we avoid engage-

ment in secret government research, and we do

not accept responsibility for the administration of

security clearances of any kind. Exceptions to

this policy have been extremely rare; currently

Harvard has no secret contracts, no procedure for

security clearance, and no classified material of

any kind in its custody except for some archives

of World War II, now in dead storage. This broad

policy was adopted on the recommendation of

both members of the Faculty and administrative

officers, and we have felt steadily confirmed in its

wisdom.

_ Must Avoid Secret Work

This policy is intended to make it possible for

Harvard to make the greatest possible contribu-

tion to the advancement of knowledge and the

welfare of the nation. We believe that in the ser-

vice of these overriding responsibilities Harvard

must, except in time of all-out war, avoid the

hampering and restrictive impact of immersion in

secret work. We know that other universities have

decided differently, and we do not quarrel with

their decision; technological institutions, in par-

ticular, may face problems different from ours.

But, with due allowance for exceptions, we believe

that classified research should ordinarily be done .

`in government establishments or by contract

with industry," as President Conant stated in 1946.

Mission of a University

The mission of a university is the advancement

of the truth by teaching and research. In parti-

cular a university must concern itself with funda-

mental questions, and it must be guided in all its

decisions by a steady respect for scholarly excel-

lence and total freedom of inquiry. This means

that a university will make its appointments with-

out regard to some of the things with which a

security officer of the Government must natural-_

ly be concerned. I have done highly classified work

in the Government on a number of assignments,

and it seems clear that the standards that are

essential to secret work are different from those

that fit a university. In the Government you must

be careful about discretion, political judgment,

subordination, and many other qualities. In genui-

nely sensitive offices, standards of security must

be strict, and realdoubts must be resolved in favor

of the Government, even though the personal

character of the individual may be above re-

proach. In the university, on the other hand, we

start from a burning concern for individual ex-

cellence; we need men who are first rate as stu-

dents and teachers of what they honestly believe

`to be true. Such men are hard to find, and there

are never enough of them. Their value is beyond

price, not only to the university but to society as

a whole. And so in our search for such excellence,

once we are satisfied that a man ig not a rascal

(a standard which in Harvard's view excludes

Americans who still surrender to Communist dis-

cipline), we do not worry much about his politics,

or his manners, or hig team spirit. The moral

standards of great scholarship are stern, but they

include a deep regard for the right of a colleague

to his own honest convictions and his own choice

of action. Nothing can be plainer than that a uni-

versity and a sensitive Government office are two

different things. So it is natural and proper that

a great university should have highly honored

members who would never fit into the secret

places of government. The reverse is also true.

Secrecy Requires Faculty Screening

It follows that if the university, as an institu-

tion, is to engage in secret work, someone is going

to have to pick and choose among its members;

such a process is bound to be unsatisfactory. If

the university undertakes to do it, it becomes in-

volved in an effort to make adjustments on a set

of standards which are not its own, and it is driven

Contracis?

to differentiate its own members in a fashion

which can only be divisive and invidious. But if

the Government does it, then a part of the uni-

versity comes under the surveillance of officers

whose standards and purposes are not the same

as ours. Only the gravest national necessity can

justify such a result.

Atmosphere of Freedom

In order to do its own job of teaching and re-

search, a university requires not only first-rate

men of all sorts, but also an atmosphere of free-

dom. In his inaugural address eighty-five years |

ago President Eliot described the ideal university

and put this requirement above every other:

"Above all, it must be free. The winnowing breeze

of freedom must blow through all its chambers...

An atmosphere of intellectual freedom is the

native air of literature and science."

This essential atmosphere of a university can

easily be contaminated, in our view, by classified

research contracts. Physical barriers are erected

between one area and another, and corresponding

fences arise in the minds of individuals. These

fences interfere with the free exchange of ideas

and the mutual trust which are essential to uni-

versity life. Secrecy affects a professor's relation

to his colleagues, and also to his students, and it

can readily create an attitude of mind that carries

out beyond the locked doors of the secret labora-

tory. It is only too easy, in such cases, for the-

winnowing breeze of freedom to be replaced by'

staleness, fog, and suspicion.

Individuals May Participate

If university-sponsored contracts were the only

way for the Government to have the help of our

Faculty in its secret work, then perhaps our policy

would have to be reconsidered, for in many fields

Harvard scholars are in high demand for this sort

of thing. But there is nothing in our policy which

prevents the individual professor from partici-

pation in secret work at his own discretion. For,

generations Harvard professors have been active

as consultants and advisors, both to the Govern-

ment and to private interests, and this kind of

work goes on today, both in classified and un-

classified areas; the men involved are numerous,

and they represent many fields of knowledge, in

and out of the natural sciences. In such relations

the professor, of course, is governed by the se-

curity rules of whatever agency seeks his help.

The Harvard administration has repeatedly given _

special leaves to individuals whose help was

sought with particular urgency for secret Govern-

ment works and we take pride in the contribu-

tions that dozens of our colleagues have made in

this connection; their selfless and continuous labor

is a story that I wish I could discuss in public.

Security In Freedom

But great as is the contribution of our scholars

to secret work, we believe that their contribution

to the national security through their own free and

open studies at Harvard is still greater. It is

widely supposed that the only important science |

is secret, and that somehow it speeds our progress

if we lock things up. The truth is almost the op-

posite. The real scientific strength of the country

is in free minds, trained by free teachers, and the

national defense of the future rests on the depth

and strength of open inquiry in many fields.

Nuclear physics cannot be advanced under cover.

The secrets that deserve protection are relatively

very few, and important as they are, they are

trivial compared to the secrets still locked in

nature. The free university is committed to a

steady assault upon nature's secrets, with all the

weapons of the free mind. This is its basic mission,

and its proper service to the state.

We are convinced, then, that our policy of open

research is a sound one. We think it is good for

the advancement of knowledge; good for the

country, and good for us. -

II

Harvard's Policy on Research Contracts

The avoidance of secret work has left us free to.

attend to our proper task of encouraging basic

research. In this work Harvard, like other univer-

sities, has in the last ten years enjoyed a large

measure of support from the Government.

Through grants and contracts our scholars have

been given means to work on important problems

of all sorts. Our policy here is simple: We expect

members of our Faculty to engage in contract

work under Harvard auspices only when this

work engages their concern on strictly scholarly

grounds. We believe that the interest of the Gov-

ernment and the function of the university inter-

(Continued on Page 4, Col. 2)

2

AUGUST, 1955

e

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

illinois ACLU Appeals Rape

Conviction of Chicago Negro

The Illinois Division of ACLU is appealing to

the State Supreme Court in behalf of Harold Mil-

ler, a Negro Marine veteran, who is serving a life

sentence for rape of a woman who suffers from

schizophrenia with delusions and hallucinations.

The woman, Barbara Latimore, was beaten on

October 26, 1951; she claimed she had been raped

although a hospital examination did not support

this. She later identified Miller on a streetcar,

and he was arrested. The only identification was

a common type of signet ring he wore, and he had

five witnesses who had been with him at the time

watching a fight on TV. But the jury at the first

trial deadlocked and the judge declared the second

a mistrial.

Waived Jury Trial

Not having any more funds for his defense,

Miller waived a jury at the third trial to save ex-

pense. After hearing two alibi witnesses, Judge

John A. Sbharbaro said he did not want to hear

any more, and without hearing any argument or

making a pre-sentence investigation, he found

Miller guilty and sentenced him to life imprison- .

ment. A newspaper reporter, James McGuire, was

convinced there had been a miscarriage of justice,

and contacted Charles Liebman, Chairman of the

ACLU Illinois Division's Committee on Police and

Criminal Law.

Liebman had polygraph tests made by the

' State's Attorney regularly employed expert, who

concluded that three alibi witnesses were telling

the truth, the other two were inconclusive because

of technical difficulties, and five tests of Miller

led to the conclusion that he was telling the truth.

The test of Mrs. Latimore was a failure, but it is

understood that the expert said that no one could

ever tell if she was lying or telling the truth and

._ that she was probably insane.

Mentally ill

Later, Mrs. Latimore was diagnosed at the Psy-

chopathic Hospital as suffering from schizo-

`phrenia with delusions and hallucinations, and

after treatment was paroled in her husband's cus-

tody, but is still under adjudication as mentally

ill. However, State's Attorney Gutknecht resisted

- Miller's petition for a new trial, which pointed out

that the facts about Mrs. Latimore's insanity were

unknown at the time of trial, that her insanity

was such that it had existed for a long time and

would make her peculiarly subject to making false

sexual charges, and that no evidence implicated

Miller at all other than her identification-all mat-

ters which were never presented at Miller's trial.

Gutknecht would not state his objection to

granting a new trial.

position that under the law, a person convicted on

uncorroborated evidence of a woman who turned

out later to be insane, her insanity being unknown

at the time of trial to the court, cannot obtain a

new trial on this ground to question the credibility

of the witness. He conceded, however, that there

might be a doubt on this. point, put resolved the

doubt in favor of maintaining the conviction of

life imprisonment rather than' a a new trial.

4 6%. %e oe os Mo ete ctect

Sx eso cceey xX xX "0 64 yo 04 0 6 So 06 0 086 05 52 a0 fe: ee oS0 of0 of6 eof 0 126 0560 #005 0 950 050 020 050 00 04 0 00 050 0% 50 Se MS OO,

Og RY

i. ee

e

= Executive Commi Hee :

= American Civil Liberties Union

Se

ms

= of Northern California %

+ Sara Bard Field 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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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

Honorary Member 3

= Rt. Rev. Edw. L. Parsons 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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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

= Chairman : and

% Dr. Alexander Meiklejohn 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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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

= Helen Salz 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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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

% : Vice-Chairmen Ks

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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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 Fred H. Smith, IV %

Cy Secretary-Treasurer and

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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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 Ernest Besig %

= Director %

% Lawrence Speiser . 3

% Staff Counsel %

`s Philip Adams %

Albert Brundage :

= ' Prof, James R. Caldwell %

= Wayne M. Collins +

+ Rabbi Alvin Fine S

2 Laurent B. Frantz 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_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch 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_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 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

: Rey. Oscar F. Green +

Alice G. Heyneman 5

S Prof. Van D. Kennedy =

2,

Se

%

Soe

Ruth Kingman

Seaton W. Manning

Rev. Harry C. Meserve

William M. Roth

Clarence E. Rust

Prof. Laurence Sears

Theodosia B. Stewart

Stephen Thiermann

Franklin Williams

%, R2 0% % Me o% 0% 0%

0 050 050 06 050 Oe Ho fo fo fe fe Ye of0 of0 ofe So efe ofe SLO Me 950 O50 050 06

Goo%

30 centSe:

e

MoM

eo

Po oh

0 960 #50 050 050 O20:

`e

ees

SoM

oe OL

Le

%

(c). Me

Node:

e,

%

K2

Oo

euro

%

Ok

So aM

0 %8

es

Ge ate

OMS

oe ate o%

nro afe ee ae eye ec.

ei

Ko ofo aX

R2

6:

LQ

0

g ae

9 a%o oh 6% 0% se oho Me he eteee

Se oSe o%0 ee oe afe sooo fe V0 09 OS,

LX

"e

"

"e

fe

Judge Sbarbaro took the.

'e

ACLU Ure

ges Elimination of `Pockets'

Of Discrimination in Navy

- A five-point program to eliminate pockets of

discrimination and segregation in the United

States Navy has been proposed by the American

Civil Liberties Union.

The Union urged desegregation of the Stewards

Branch, which, it asserted, is still "almost all

Negro," and opening up of the Cooks and `Bakers

Branch to Negroes since it `remains largely all

white."

_ Navy ROTC Program

Referring to complaints that it has received

that well-qualified Negroes find it difficult to be

accepted in the Navy's college ROTC program, the

ACLU recommended that "Negro applicants

should be accepted more on the basis of their

grades in examinations with less, emphasis on the

prominence of those who recommend them to the

Selection Committee." The repert states that

Negro applicants from Southern states are less

likely to be known to the Selection Committee and

are "less able to obtain the required references

from such prominent civilians as governors, con-

gressmen, and judges. In addition, the backing of

Negro educators and civilians may not be con-

sidered by the Selection Committee to be as im-

portant as that of better-known white educators

and other civilians. Thus, Negro applicants are at

a distinct disadvantage."

Pointing to the lack of Negro officers in com-

mand of ships, the Union recommended that "in

promoting Negro officers, more should be as-

signed to line duty, on the same basis as white

officers are assigned to such posts." The report

noted that while the Merchant Marine has had

Negroes in command of ships, the Navy's 100 com-

New York City Judge Hits

Pre-Censorship of Burlesque

`Upholding the position of the New York Civil

Liberties Union, State Supreme Court Judge Aron

Steuer recently granted a motion requiring New

York City's License Commissioner to eee a li-

cense to operate a burlesque theater. :

The New York CLU had appeared along with

the ACLU's National Council on Freedom from

Censorship at an original administrative hearing

before Commissioner Edward T. McCaffrey, and

later individually before Judge Steuer as a friend

of the court, to urge that the license be granted.

"Outright Censorship"

While taking no position on the merits of bur-

lesque, the Union vigorously denounced Commis-

sioner McCaffrey's delay in granting a license for

a burlesque show in Brooklyn as "outright cen-

sorship."'

In directing the Commissioner to grant Thomas

J. Phillips a license, Judge Steuer commented, "In

revealing the mental processes by which respond-

ent (McCaffrey) reached his conclusions it re-

moves from the area of debate any issue as ta

whether respondent's action was or was not ar-

bitrary and capricious. pee it was is not even

open to question."

Contentions

The court pointed out that. the Commissioner

refused Phillips a license, first, because in 1937

all burlesque licenses were denied renewal due

to objectionable practices in such performances;

second, because the Commissioner believed that

the performances would surely descend to an ob-

jectionable level in a short time; and third, if they

did not become objectionable, certain patrons of

the theaters would feel cheated.

In rejecting these contentions, the court stated

they amount to "a censorship without even the

merit of reasonable grounds for belief that what

was to be censored was objectionable.

Naughty Word

"Here the only objection that the respondent.

has to issuance of the license is that the word

`burlesque' is used,"' Judge Steuer said.

Judge Steuer fully supported the ACLU view

when he noted that there are adequate means of

preventing lewd or obscene exhibitions by laws,

which provide due process for persons prosecuted

under the law, and do not involve pre-censorship

by administrative officials.

The court specifically noted that the two main

grounds for refusing to grant the license-the

fact that other producers of burlesque have vio-

lated statutes against decency, and using the term

burlesque in connection with a performance-have

expressly been declared in violation of the Federal

Constitution in a New Jersey case.

Appeal Due

New York City Corporation Counsel, Peter

Campbell Brown, has stated that the city will

appeal Judge Steuer's decision.

missioned Negro officers are mainly in the Chap-

felis and Medical Corps...

_ Enlarged Opportunities

The ACLU Beeerta that the Navy has done

little to publicize the enlarged opportunities in the

Navy for Negroes, outside of the Stewards

Branch, adding that 50 percent of the Negroes

now in the Navy are serving in other branches.

"Opportunities for Negroes in the Navy should

be made known to groups such as the National

Association for the Advancement of Colored

People, the National Council of Negro Women,

the National Urban League and the National

Council for Human Rights." _

The ACLU's final conclusion was that more

Negroes should be stationed at American em-

bassies and missions overseas. Such appointments,

it said, "would be of inestimable benefit to our

foreign relations."

The report, which was prepared for the union

by Mrs. Ruth Danenhower Wilson, an experienced

researcher and author on the problem of segrega-

tion in the armed forces, has been submitted to

Navy Secretary Charles `S. Thomas, President

Eisenhower and Secretary of Defense Wilson.

Policies Just and Right

The Union informed the President that "on a

number of occasions you have stated that, the

United States must adopt certain policies because

they are basically just and right. We believe this

attitude has special application to the field of race -

relations, where the constitutional principle of

equality has particular significance, and where it

is being built into the structure of American life.

As the United States Navy is an important nation-

al institution, we believe that the idea of equality

should be fully incorporated into its structure."

In its, letter to Secretary Thomas, the Union

noted the steps forward the Navy already has

taken to eliminate discrimination and segregation.

"While these advances deserve praise," the ACLU

said, "more remains to be done . . - our report is

directed primarily to the Navy because of our

conviction that responsibility for correcting this

situation rests with this branch of the military

service."

ACLU Defends Free Speech

Right of Gerald L. K. Smith

The American Civil Liberties Union is defending

Gerald L. K. Smith's rights under the First

Amendment because "his right to speak guaran-

tees the freedom of the market place for the

equally provocative but more enlightened ideas

of others."

Attorneys A. L. Wirin and Hugh R. Manes,

counsel for the Southern California branch of

ACLU, appeared as friends of the court in an ap-

peal of a libel judgment against Smith argued

before the U: S. Court of Appeals in Los Angeles.

Smith is appealing a libel judgment awarded

when he labeled as a "lie" a statement by Albert

Levitt, former U. S. District court judge, that

Senator Joseph McCarthy is a member of sub-

versive organizations.

Under the clear-and-present-danger test, `"`po-

litical controversy may properly inspire excitey

ment, and punishment, therefore, should be with-

held in the absence of an imminent and substan-

tial evil," the ACLU said.

Levitt had not shown that the language used by

Smith imperiled his reputation or his right of

privacy, the ACLU added.

The friend of the court brief said Smith's state-

ment, as an expression of opinion, should be ex-

amined in the light of the First Amendment "to

assure protection of dissenters whose convictions

are expressed in sincere, albeit corrugated lan-

guage.'

The ACLU also charged that the lower court's

denial of truth as a defense constituted a depri-

vation of due process of law.

Taxpayer" s Suit Ruled Out In

Test of Police Wire-Tapping

A taxpayer's suit- to enjoin Chief of Police

Parker of Log Angeles from expending public

funds for illegal installation of listening devices on

`private property was rejected by Superior Judge

Philbrick McCoy on June 30, on the ground that

it would ` "open up a Pandora's box of needless

confusion."

"It is for the party injured by the alleged un-

constitutional conduct to raise the question and

seek appropriate relief,'' said the Court; no tax-

payer may seek such relief on his behalf."

The suit was brought by A. L. Wirin, counsel

for the ACLU of Southern California, An appeal

will be taken to the California District Court of

Appeals.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS -

AUGUST, 1955

American Civil Liberties Union-News -

Published monthly at 503 Market Street, San Francisco 5,

Calif., by the American Civil Liberties Union :

of Northern California.

Phone: BXbrook 2-3255

TORNIDST BELG eect eters ee OILY

Entered as Second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

` under the Act of March 3, 1879.

Subscription Rates-One Dollar and Fifty Cents a Year.

`Fifteen Cents per Copy -151.

Film Censorship in Kansas;

Victories Won in Ohio, Mass.

A clear victory against motion picture censor-

ship was scored recently in Kansas when the legis-

lature passed and Governor Fred R. Hall signed a

bill repealing the state censorship statute. How-

ever, the victory was short-lived as the Kansas

Supreme Court in June ruled that the law was

unconstitutional. sy

Repeal Bill Invalidate

A challenge of the repeal measure, which would

have disbanded the Kansas Board of Review, the

official censorship body, was made by state At-

torney General Harold R. Fatzer, who charged

that the repeal bill was illegally adopted by the

legislature when it was tacked on to another re-

peal bill dealing with an obsolete motor carrier

law. The state high court upheld Fatzer's view.

There is no indication whether the state intends

to appeal the decision.

The chairman of the 38-year-old Board of Re-

view, Mrs. Frances Vaughn, hailed the decision

as "how wonderful." The Board had come under

legislative fire recently for banning the film, ``The

Moon Is Blue." The Board, composed of three

women, screen pictures at a Kansas City office

and decide what films should be shown in Kansas

theaters. :

Kansas Leader in Censorship

The legislature's action to abolish the board

was hailed as an important advance in the cam-

paign against film censorship as Kansas was the

second state to establish official censorship in the

early years of this century, being preceded only

by Pennsylvania in 1911.

However, the court setback has not dimmed

the hopes of anti-censorship forces as important.

victories have been scored in Ohio and Massachu-

setts. In Ohio where state courts held the state

censorship law unconstitutional recently, a last-

ditch effort to pass a new censorship law in the

state Senate was beaten back. The Ohio Civil

Liberties Union, which testified against the bill,

joined with newspapers and representatives of

the motion picture industry in warning against the

danger of censorship in the proposed bill.

Law Invalid in Massachusetts

In Massachusetts, the State Supreme Judicial

Court ruled a strict motion picture censorship law

invalid. The statute was part of a Sunday law

300 years old. The Supreme Court decision, in the

case of a Swedish film, "Miss Julie," held that the

Sunday law, as administered, was void as a prior

restraint on the freedom of speech and the press

as guaranteed by the First and Fourteenth

Amendments of the U. S. Constitution. The law -

had required the state Commissioner of Public

Safety to approve a film or stage show for Sunday

showing "as being in keeping with the character

of the day and not inconsistent with its due ob-

servance."' The decision also ended a similar suit

by the Times Film Corporation of New York over

the banning of the films, "One Summer of Happi-

ness" and "The Game of Love."'

In another anti-censorship development, Lloyd

Binford, chairman of the Memphis and Shelby

County Censor Board, declared that the present

ordinance "is out'of date' and should be changed.

Mayor Frank Tobey of Memphis and members of

the City Commission indicated that changes were

under consideration, in the direction of liberalizing ~

the censorship rules.

Binford's censorship power has existed for

years and has been highly publicized because of

his one-man control of the Memphis Board.

Roger Baldwin to. Survey

Puerto Rico Civil Liberties

Roger N. Baldwin, the Union's International

Work Adviser, has been invited by Governor Luis

Munoz Marin of Puerto Rico to make a survey of

civil liberties in the Island. Mr. Baldwin was a

guest of the Governor of Puerto Rico following

the action of the United Nations in declaring that

Puerto Rico is now self-governing.

Mr. Baldwin replied to the Governor that he

would be happy to accept the invitation sometime

in the fall, observing that: `There are many other

places much more in need than Puerto Rico of a

San Francisco Judge Upholds

Veterans Tax Exemption Loyalty Oath

(Continued from Page 1, Col. 3)

heritance taxes as well as other state and local

taxes, the law was invalid because it was discrimi-

natory.

7 L.A, Church Case

The second case before the State Supreme Court

is that of People's Church of San Fernando Valley

_ vs. County of Los Angeles, which was filed on June

21. Superior Court Judge Philbrick McCoy, while

refusing to follow the Speiser case on the free

speech issue, agreed with the Contra Costa Super-

ior Court that the law adopted by the Legislature

is discriminatory.

Incidentally, a veteran's tax exemption loyalty

oath test case, Bliss vs. Quinn, is also on file in Los

Angeles, and another church case, that of the

First Unitarian Church of Los Angeles in which

the court recently ruled against the church, The

latter case may also be expected to receive a hear-

ing from the State Supreme Court.

No Infringement of Free Speech

Judge Sweigert rejected the contention that the

oath requirement infringes on free speech. He

suggested that as a result of the decision in the

Dennis case, involving top Communists prosecuted

under the Federal Smith Act, the Government may

restrict "personal advocacy" of the violent over-

throw of the government ... "in an attempt to pre-.

vent or frustrate its success."'

He argued that `veteran programs are directed

to and subserve a specific, important and unique

public purpose over and beyond the incidental,

tangible benefits enjoyed by any individual vet-

eran. Their aim is held to be `the promotion and

promulgation of patriotism upon which govern-

ment must rely for its own self-preservation.' ...

Considered in their relation to possible govern-

mental subversion by violence or other unlawful

means, they are just as much designed as instru-

mentalities to forestall any such tendency as are,

for example, a police department or the FBI. Only

the method is different. The veteran program

takes a positive, constructive approach, while the

other must necessarily be. negative, combative,

restrictive. ;

Should A University Engage

In Secret Gov't Contracts?

(Continued from Page 2, Col. 3) _

sect in the support of this basic research, and we

have given our full administrative support to this

development, which is among the major forward

steps of the last decade. We believe that a steadily

growing national program of basic research,

through contracts unhampered by security re-

quirements, is not only a great reinforcement to .

the understanding of nature and to material well-

being, but also a sheer necessity in the struggle

for national survival in freedom. Without first-

rate basic work, done in the open, and generously

supported, all the secret projects in the world will

not save us, in the long run.

Contracts For Unclassified Work

Our grants and research contracts are all for

unclassified work, and no contract need be con-

tinued by Harvard if the Government decides to

classify the work. If any clearance procedure is

administered by any agency in connection with

any of our contracts, it is without our knowledge,

and we see no'need for it-since the proper tests

for the support of basic research are not the same

as those of a sensible security program.

We have found that government agencies, in the

main, understand and accept our commitment to

open basic research. In only one area are we cur-

rently being urged to revise our policy. It may be

felt by some agencies that it would be helpful if

Harvard would agree to maintain secure storage

for certain classified material which might be

made available by the agencies to men working on

unclassified contracts who would find the material

helpful. We have not yet agreed to this proposal,

`because certain aspects of it are not wholly clear,

but in principle we are not opposed to receiving

such material as long as we do not become con-

cerned with questions of Faculty clearance, and as

long as the receipt of such material does not lend

to the classification of otherwise unclassified -

work.

survey of civil liberties." The Union's counsel in

Puerto Rico, Professor Santos P. Amadeo of the

University of Puerto Rico, commented publicly

on the invitation that there is considerable for

Mr. Baldwin to examine in the administration of

justice.

_ Veterans Program Stultified by Subversives

"Considered in this light, a veterans' program

constrained to include within its bounty persons

actively advocating subversion by force and vio-

lence, and support of enemies in time of hostilities,

would be stultified, devitalized and defeated in its

unique purposes. x

"Who can say that a veterans program in such

sorry condition would not be in the long run more

destructive of patriotic standards, more conducive

to widespread cynicism, and more of a menace to

governmental survival than would be the presence

of some advocate of subversion in a lowly, relative-

ly unimportant public clerkship? Yet that clerk

can be, and is, required to take his loyalty oath.

It is, therefore, an oversimplification of the issue

to merely ask: `What harm can result from allow-

ing a few such advocates to enjoy a veteran's tax

exemption?' Subversion can be as effectively ad-

vanced from psychological as from tactical

causes." :

Threat to Government

What Judge Sweigert seems to be saying is that

there is a "clear and probable danger" that the

State's veterans program would be frustrated ir

its patriotic purpose by extending benefits to sub-

versive veterans, so, therefore, the abridgement

of free speech is valid. In other words, whenever

the Judge says there is a "clear and probable dan-

ger" to the Government in some respect, free

speech goes out the window. What a weak and un-

stable government we must have if our security is

threatened by including a few subversive veterans

in our State veterans program! How come our

veterans program has survived thus far without

the crutch of an oath requirement to support it?

Reasonable Classification

Judge Sweigert did not find the oath require-

ment to be discriminatory because it does not

apply to all kinds of tax exemption. He contented

himself with saying that the Legislature had

made "a reasonable classification."

The Prince case ig under the auspices of the

ACLU of Northern California and is being handled

by ACLU Staff Counsel Lawrence Speiser and

Ralph T. Wertheimer of San Francisco.

Nation-Wide Survey of

Housing for Minority Groups

The Fund for the Republic, Inc., has appro-

priated $100,000 to establish a Commission on

Race and Housing that will conduct a nation-wide

survey of the housing of minority groups. The

Fund, a branch of the Ford Foundation, carries

on educational activity in the civil liberties field.

Seventeen business men and educators make up

the Commission, whose chairman is Earl B.

Schwulst, President and Chairman of the Board

of the Bowery Savings Bank, New York City.

The commission will: study the difficulties of

all minority groups in obtaining adequate private

and public housing, with particular attention to

problems of Negroes in large metropolitan areas.

In his statement announcing the organization

of the commission, Fund President Robert M.

Hutchins said, "When bad housing rests on dis-

crimination against persons of certain races, re-

ligions and national origins, it constitutes a major

violation of the principles on which American

society is organized." a

The commssion will survey the facts and make

recommendations to the public based on the find-

ings of fact.

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

508 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

$e for 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 $1.50 a year.)

2. (c) pledge $= per month OF S825 per yr.

3. Please enter my subscription to the NEWS ($1.50

per year) oe

Enclosed please find $2. = Please bill

Me.

INSMN@ ee ee

Street) 2 ee

City and Zone 2 ee a

ev te as eee ee Occupation =.

~