vol. 21, no. 4
Primary tabs
"Eternal vigilance is the price of liberty."
Free Press
_Free Assemblage
Free Speech
VOLUME XX!
SAN FRANCISCO, CALIFORNIA, APRIL, 1956
NUMBER 4
Three Favorable Decisions
In Port Security Cases
~The Commandant of the U.S. Coast Guard last
month handed down favorable decisions in three
port security cases. In one case, the decision was
dated only seventeen days after the hearing, while
the hearings in the other cases took place last
September and October.
Membership In C.P. Charged
In two of the cases,-there were allegations of
membership in the Communist Party. Indeed, the
only charge in one case was membership in the
party in 1951, which the seaman denied. It may
well be that he was just another victim of the com-
mon practice on the waterfront of accusing people
of being Communists.
The second case charged membership in the
Communist Party in 1940 and a subscription to
the "People's World" in 1941 and 1942. This man
also denied membership in the party but admitted
attending a communist meeting prior to the war
and subscribing to the "People's World" for one
year.
Five Charges In Third Case /
The third favorable decision was handed down
in a case involving five charges. The first two
charges were somewhat inconsistent. First, it was
alleged that "in 1949," the seaman "was sympa-
thetic to the. principles of the Communist Party
in San Francisco." Second, at the same time, he .
was charged with being `on the mailing list of the
Independent Socialist League in the San Francisco
Bay area."
Next, his former wife was accused of circulating
"a Communist sponsored petition to place the In-
dependent Progressive Party on the California
State Ballot."
The fourth charges was that in 1949 he circu- |
lated a petition to place a congressional candidate
on the ballot "who is reliably reported to be a
member of the Communist Party." The final
charge alleged that the seaman had "numbered
several Communist Party members or sympa-
thizers among your close associates during the
past five years."
Postoffice Release of
Books A Mere Dribble
The release of all mailable books previously
seized by the postoffice to Russian bookstore
owner Jerome Feingold, turned out to be more of
a trickle than a torrent. As announced in the
March issue of the NEWS, the postoffice depart-
ment informed the ACLU that it was going to re-
lease to Mr. Feingold all books which had been
seized by it under the "rotten apple" theory, Le.,
mailable books which happened to be placed in the
same package as non-mailable material.
However, all that Mr. Feingold has as yet re-
ceived are 10 copies of a thin pamphlet on Russian
animals and 28 copies of a Russian fairy story.
The total number of books which Mr, Feingold
failed to receive number several thousand.
Chester R. McPhee, Collector of Customs in San
Francisco, stated to ACLU Staff Counsel Speiser,
that among others, volumes of Shakespeare and
deMaupassant as well as Tolstoi's War and Peace
are not objectionable. However, none of these
works have yet been released to Mr. Feingold. A -
further inquiry has been made to the postoffice
regarding the status of books which have failed to
reach him. (It is possible that these books have
already been destroyed.)
In another case, a mere inquiry by ACLU volun-
teer attorney Hartley Fleischman, seems to have
resulted in the release of approximately one-half
of the personal library of J. W. Powell, Jr., which
was confiscated upon his return from China sev-
eral years ago. Previous efforts by private counsel
retained by Powell had been unsuccessful. Fleisch-
man and the ACLU are contemplating court action
challenging the Customs Bureau censorship pow-
ers in this case. |
ACLU Launches Drive for 700 New
Members and $6000 in 18 Communities
In 18 communities across the northern portion
of the state, the Fourth Annual Spring Member-
ship drive of ACLU is underway. During the month
of April, and part of May, over 200 ACLU volun-
teers are bending energies and ideas, toward ex-
tending the membership of ACLU in their commu-
nities.
Under the direction of Chairman Morse Erskine,
Sr., San Francisco attorney, the drive seeks an
aggregate of $6000 and 700 new members from
the 18 communities. The $6000 is earmarked for
the educational fund, that will support a year-
round program of round tables, lectures, and work
with high school and college-age young people.
Decentralized Drive
Each community is planning their drive accord-
ing to the size of their goal, present membership,
and resources available within the community.
Official dates of the drive are April 16 through 30,
`though several communities have elected to ex-
tend their drive into the first week of May.
`Members who would like to assist the drive in
their community, should contact the chairmen
Nobody Wants To Be
A Girl Friday, But:
During April and May-the months of pre-
paration and execution of the Fourth Annual
Membership Drive, the San Francisco office
will be laboring under a mountain of work.
Volunteers are needed to pitch in-typing,
filing, getting out mailings, general office
work. Particularly, help is needed from the
Berkeley and San Francisco areas, where
membership is largest. Even two or three
hours a week will help. Telephone Priscilla
Ginsberg, EX 2-4692, to arrange a time, either
on weekdays, or Saturday mornings.
ACLU Chalks Up Fourth Win
In Port Security Case
Just as the ACLU-NEWS was going to press,
the office received a letter from the Commandant
of the Coast Guard announcing a favorable deci-
sion in another security case. This case was argued
before the National Appeal Board by Ernest
Besig when he was attending the biennial confer-
ence of the ACLU in Washington. It was the
fourth favorable decision in Port Security cases
received during March.
This man had two hearings before the Security |
Appeal Board in San Francisco. On the first oc-
casion, he had no representation, while on the
second occasion he was represented by the ACLU.
He was charged with membership in the Com-
munist Party in 1948. This charge he strongly
denied. Of course, in the absence of confrontation
by the accuser, it was most difficult to prove the
negative. It is quite possible that the Government
had confused him with someone bearing the same
fame
The man also denied a charge that he had sub-
seribed to the Sunday Worker, but he admitted
receiving it. He didn't know who had put him on
the mailing list. In any case, he never paid a cent
to receive it. .
It was also claimed that he had been a sponsor
in 1943 of the National Council of American-Soviet
Friendship. This charge he also denied, and, of
course, no accuser was present to support the
charge.
The final charge was that he had signed the
Stockholm Peace Petition in 1950. This he ad-
mitted. It seems that in 1950 someone called at his
home and presented the petition. He knew nothing
about the origin of the petition and, since he was
for peace, he signed it.
listed below. Berkeley: Either Mrs. Harold Mann,
19 Norwood Ave., or Mrs. David C. Ohman, Jr.,
983 Overlook Rd., who are serving as co-chairmen.
Goal 150 members and $1050. Carmel: Mrs. Doug-
las Carter, Carmel, is planning an evening meeting
at her home, for all prospects from Big Sur, Car-
mel and Carmel Valley. Goal: 15 members and
$105. Davis: Lee H. Watkins, 744 Campus Way.
Goal: 15 members and $105. Diablo Valley: Gordon
Kull, 1515 Arbutus, Walnut Creek, is sponsoring
an evening meeting for members and prospects
from Orinda, Lafayette, and Walnut Creek. Goal:
10 members and $70. Fresno: Mr. Joseph Fortier,
324 N. Broadway. Goal: 10 members and $70.
Hayward-Livermore: Mr. and Mrs. Thomas Whay-
ne, 9563 Winifred Drive, Castro Valley; Goal: 10
members and $70.
Los Altos and Mountain View: Mr. and Mrs.
Theodore Baer held a dessert and coffee meeting
at their home on March 29, Professor John Merry-
man from Stanford Law School and board mem-
ber of ACLU, presented a case-in-brief for ACLU
for new members and prospects. e |
Marin County: Louise Quinn, 213 Reed Circle,
Mill Valley, and her steering committee, have
scheduled a series of 5 area meetings with speak-
ers the week of April 23, and a final potluck din-
ner, planned for 500 people on May 4, which will
be held outdoors at the Roger Kent estate, Kent
Woodlands. Dr. Alexander Meiklejohn, former
president of Amherst College, educational leader
and ACLU national committee and local board
member, is scheduled to speak. All members, and
those interested in ACLU are invited to attend.
Goal: 125 members and $825. a
Menlo Park-Atherton: Dr. Kenneth Arrow, 4
(Continued on Page 3, Col. 1)
Court Holds Chinese
Subpoenas Invalid
Federal Judge Oliver J. Carter ruled, on March
20th, that the federal government's attempt to
engage in a wholesale examination of Chinese an-
cestral family association records constitutes un-
reasonable search and seizure. The Grand Jury
here had sought to examine the closely guarded
membership rolls of the associations as part of its
investigation into an alleged citizenship racket.
The Jury issued subpoenas for the records and 24
Chinatown societies refused to honor the demand
and instead, went to federal court with a motion
to quash the subpoenas.
Judge Carter ruled that the subpoenas had the
"effect of being a mass inquisition of the family
records of the substantial portion of the Chinese
- population of San Francisco." The Jury had order-
ed all of the officers of these associations to bring
in within 24 hours "all lists, rolls, or other records
of memberships of the associations during the
entire period of the associations' existence, and
all records of dues, assessments, contributions and
other income of the associations, and all photosta-
tic copies of the membership of any portion there-
of." The associations' attorneys, Marvin Lewis
and Harold Faulkner, pointed out that many of
these associations have been in existence for over
75 years.
The ACLU entered an appearance as a friend
of the court through Staff Counsel Lawrence
Speiser, who pointed out the similarity between
this type of dragnet fishing expedition and the
"cases which were responsible for the development
of and the Fourth Amendment's guarantee against
unreasonable search and seizure.
Although U.S. Attorney Lloyd Burke disagreed
_with Judge Carter's opinion, he announced that
no appeal would be taken, but an attempt would
be made to draft subpoenas within the limits in-
dicated in the Court's opinion. : |
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AMERICAN CIVIL LIBERTIES UNION-NEWS
April, 1956
ACLU Aids Mennonite
In Securing Naturalization
Henry Schmitt, a senior medical student at the
University of California, was naturalized on March
16, 1956, through ACLU efforts in a case which
displayed an amazing reversal of opinion by
naturalization examiner. :
Schmitt, a member of the Mennonite Church,
one of the historic peace churches in the United
States, at first received a recommendation of de-
nial of his naturalization petition by Harmon E.
Hosier, a U. S. Naturalization Hearing Examiner.
Hosier, who has figured in several previous ACLU
cases involving conscientious objectors, recom-
mended a denial on the grounds that Schmitt was
not attached to the principles of the constitution
and well disposed towards the good order and hap-
piness of the United States, because he was un-
willing to bear arms, perform non-combatant duty
or assist in any way in the armed defense of the
United States against. its enemies.
Hosier's recommendation was supported by a
brief which completely ignored all of the legal
- authority in opposition to his position, including
decisions of the United States Supreme Court,
the Commissioner of Immigration and General
Counsel of the Immigration and Naturalization
Service itself. As proof of Schmitt's lack of attach-
ment to the constitution, Hosier pointed to the
Mennonite position on military service, which
holds that Mennonites may have no part in carnal
warfare or in the aid of war efforts. Under Ho-
sier's interpretation, all conscientious objectors
would be barred from citizenship even though
Congress has specifically decreed otherwise.
Schmitt, who plans to work as a Mennonite
medical missionary for a few years after comple-
tion of his medical school studies at the Univer-
sity of California, requested aid from the ACLU
after he received the unfavorable recommenda-
tion. Staff Counsel Lawrence Speiser wrote a
letter to the Commissioner of Naturalization and
Hosier's local superior indicating deep concern
over Hosier's basic misinterpretation of the law
and the fact that he did not seem to arrive at his
conclusions as indicated in this and in past cases
with the "impartial and judicial frame of mind
which would seem to be desirable with a man
serving as adviser to a court. The letter further
pointed out that Hosier's brief had completely
ignored a very recent Supreme Court decision
holding directly contrary to his position in sev-
eral respects.
Within a few days, the ACLU received replies
from Washington and from Hosier's local superior
indicating that amended findings would he filed
recommending that Schmitt be granted naturaliza-
tion. These findings were filed by Hosier, and
Schmitt was duly naturalized by Alameda County
Superior Judge Donald K. Quale. This was not
accomplished without several postponements due
to Hosier's evident efforts to make things as dif-
ficult as possible for Schmitt.
The only acknowledgment of error was a letter
received from Albert Del Guercio, Assistant Com-
missioner of the Naturalization Service, who
stated that they were conducting an examination "
of Hosier's handling of the Schmitt case. The
letter went on to say "It has been found that his
proposed recommendation contained a reference
to the Service views on the issue, but that they
were inadvertently omitted in the final draft of
the findings. It does not appear that Examiner
Hosier wag motivated by any deliberate intent to
bring about a view contrary to the view of the
Service." The letter did not explain why Hosier
originally made a recommendation of denial if the
omission of the Service views in his memorandum
were merely by inadvertence.
Freedom Agenda Committee
Organized in San Francisco
Formation of a San Francisco Freedom Agenda
Committee was announced here late last month.
The project is supported by the national Free-
dom Agenda Program, financed by the Carrie
Chapman Catt Memorial Fund, Inc. Its purpose is
to foster free discussion, in small groups, on cur-
rent problems concerning civil liberties.
Speakers will be sought to support not only con-
tentions that liberties are being endangered in the
wave of public anxiety growing out of concern for
national security, but that there is no danger-
that, in fact, even more rigid controls are needed.
The Committee was organized by M. Schneider
of the Anti-Defamation League, YUkon 2-4003,
and Mrs. L. Strait of the League of Women Voters,
MIssion 7-4916. Interested persons and groups
may contact either organizer for further details.
Port Security Program May Not
Rely On "Secret Information"
The Justice Department has decided not to
appeal to the U.S. Supreme Court from the de-
cision of the Federal Court of Appeals in San
Francisco enjoining the Coast Guard from relying
on ``secret information" in administering its port
security program. Under that program, ever since
1950, seamen and longshoremen have been screen-
ed as security risks on the basis of "secret infor-
Mation. | ~
Right Of Confrontation Upheld
In the case of Parker v. Lester, however, ina 2 (c)
to 1 decision of the Court of Appeals, the right
to confront and cross-examine one's accusers was
upheld in ringing language. "Obviously," said the'
court, "it would be a simple matter to set: up reg-
ulations which protect' the individual affected in
respect to notice and an opportunity to be heard.
Such a system might make more work for the in-
vestigating officers, and pose more difficulties.
But security proceedings would not be destroyed."
It is reported that the Coast Guard has drafted
new port security regulations to conform with the
court decision, but, thus far, the chairman of the
Security Appeal Board in San Francisco has not
been furnished with any new regulations.
The ACLU has the case of a seaman scheduled
for a hearing on April 3. As this is being written,
the local hearing board doesn't know how to
handle the case and will undoubtedly seek to post-
pone the hearing.
Of course, the Coast Guard could still proceed
under the old regulations since its local officers
have not yet been served with a copy of the injunc-
tion prohibiting them from acting under the old
regulations. But once that order is served upon
them they will face the possibility of contempt
proceedings if they fail to abide by the court
order.
Difficult to Revise Regulations
It is difficult to see how the Coast Guard can
revise its regulations to meet the requirements of
the court, at least not without reorganizing its
program and really starting out from scratch. Its
own confidential files, based principally on FBI in-
formation, would be largely useless since they fail
to disclose the exact sources of information. And,
under the court decision it is not only necessary
to disclose the exact source of the information but
to present the adverse witness for cross-examina-
tion. Of course, the President could withdraw his -
Executive Order and the Coast Guard could then
abandon the Port Security program. That, how-
ever, seems most unlikely.
High School Civil Liberties
Conference Is Huge Success
For two days, 450 high school students gathered
at the Asilomar conference grounds near Pacific
Grove, California to discuss and debate all of the
highly controversial civil liberties issues which
have caused nation-wide concern for the past
decade.
The conference on "Our American Heritage:
Freedom for All" was held by the. American
Friends Service Committee on March 23-25. Ralph
Bunche, of the Secretariat of the United Nations,
flew from New York to address the conference
on "Human Rights and Freedom in the World."
Rev. Harry E. Meserve, minister of the First Uni-
tarian Church in San Francisco and local board
member of the American Civil Liberties Union,
the other principal speaker, spoke on "Individual
Liberty in the United States." The students split
up into small discussion groups after each of the
addresses and engaged in lively debate over such
subjects as loyalty oaths, congressional investiga-
tions, the security and loyalty programs, rights of
communists and many other controversial topics.
"Besides Dr. Meserve, the ACLU had other rep-
resentation at the conference. Three high school
students were given conference scholarships by
the ACLU Marin Chapter, and several received
similar scholarships from our Southern California
branch.
Lawrence Speiser, local staff counsel, headed
one of the discussion groups, and Eason Monroe,
Executive Director of the Southern California
ACLU, and Robert Vogel, Chairman of that Chap-
ter's Board of Directors, headed other discussion
panels. Other discussion groups were led by school
teachers, school counselors, American Friends
Service Committee personnel and representatives
of church and other community organizations.
ne of the speakers noted, as the conference
drew to a close, that its success may be gauged
by the fact that it would not be possible to get 450
adults in the State of California to come together
to discuss civil liberties.
Since the Port Security program went into ef-
fect, the ACLU of Northern California has been
involved in eighty-three cases of seamen and
_ others who have been screened as security risks.
Of these 83 cases, exactly 58 have been favorably
disposed of. In six cases, the worker has either se-
cured other counsel or has abandoned his appeal.
As a result, the ACLU presently has 19 active
Port Security cases.
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In rejecting the Coast Guard Port Security pro-
cedures, the Court of Appeals said, `""The question
is: Is this system of secret informers, whisperers
and talebearers of such vital importance to the
public welfare that it must be preserved at the
cost of denying to the citizen even a modicum of
the protection traditionally associated with due
process ?"
The court noted that its `determination will re-
move from the investigative agencies, to some
degree, a certain kind of information and that, in
the future, some persons will be deterred from
carrying some of these tales to the investigating
authorities. It is unbelievable that the result will
prevent able officials from procuring proof any
more than those officials are now helpless to pro- |
-cure proof `for criminal prosecutions. But surely
it is better that these agencies suffer some handi-
cap than that the citizens of a freedom loving
country shall be denied that which has always
been considered their birthright. Indeed, it may
well be that in the long run nothing but beneficial
results will come from a lessening of such tale-
bearing."
Further Test Avoided
According to a New York Times dispatch, `The
basic reason for avoiding a further test in the
Parker case was apparently a feeling that the
Government was not likely to win in the Supreme
Court. The Parker case presented major diffi-
culties for the Government because it involved
not a Government job, but the right to private
employment.
"The Government always has argued that work-
ing for it is a `privilege, not a right.' From that
position it is contended that the Government
worker is not entitled to the constitutional guar-
antee of `due process'-including confrontation
of his accusers.
"But the courts have often held that private
employment is a right protected by the due pro-
cess guarantee."
Aid To Education Should
Ban Racial Segregation
Federal aid-to-education legislation now before
Congress should include a "clear-cut declaration"
that no federal money will be given to state and
local education systems that oppose the Supreme
Court's decision banning school segregation, the
ee Civil Liberties Union declared last
month. :
Neither the Administration's proposal or the
bill introduced by Sen. Hill, the ACLU said, "calls
for correction of present law or the writing of new
law which would prevent the receiving and use of
federal money by state and local education sys-
tems whose past practice or announced future
policy is in conflict with the decision of the U.S.
Supreme Court banning segregation in the public
schools.
"While the Union understands the importance
of state and local governmental control of educa-
tion, it does not believe that the federal legislature
can adopt legislation which will, in any way, cir- "
cumvent the Supreme Court's decision. It is true
that the Court has not yet decided how its ruling
can be implemented, but it has decided the basic
question, that segregaion has no place in Ameri-
can public schools. The need for a clear-cut de-
claration by Congress on this issue is emphasized
by the various plans that certain states are con-
sidering as a way of nullifying the Court's deci-
sion."
The ACLU also urged that the legislation include
specific safeguards that federal funds will not be
given to "religious denominational schools, which
would contradict the established principle of sepa-
ration of church and state.
"This principle, spelled out in the First Amend-
ment, should be supported anew by Congress...
in considering legislation which may set the na-
tion's education pattern for years to come." |
The civil liberties group suggested that the legis-
lation contain a clearer definition of public schools,
to uphold the separation of church and state prin-
ciple and also "to cover the evasive tactics pro-
posed for maintaining segregated schools. The law
`should state that public tax money is to be used
for public schools."
April, 1956
AMERICAN CIVIL LIBERTIES UNION-NEWS
Page 3
ACLU Launches Drive
For 700 New Members
(Continued from Page 1, Col. 3)
Aliso Way, Menlo Park, is planning a dessert and .
coffee meeting for all members and prospects on
April 19. Lawrence Speiser, staff counsel for
ACLU will speak at the meeting. Goal: 15 members
and $105.
Modesto: Mr. and Mrs. A. P. Hilgeman. Goal:
10 members and $70.
Oakland: Mr. Richard Johnson, Financial Cen-
ter Building, is scheduling a series of personal
visits and telephone calls by members of his cam-
-paign committee to all prospects. Goal: 35 mem-
bers and $235. Palo Alto-Stanford: Ralph Evans,
3808 Laguna Avenue. Goal: 30 members and $210.
Redwood City: Mr. and Mrs. Harry Lewenstein,
379 De Anza, San Carlos, will be hosts to members
and prospects on April 19, from the Belmont,
Woodside, San Carlos and Redwood City area.
Lawrence Speiser, ACLU staff counsel will speak.
Goal: 5 members:and $35.
Richmond: Mr. and Mrs. Joseph Genser, 340
1ith Street, El Cerrito. Goal: 10 members and
$70. Sacramento: Gordon McWhirter, 461 Pala
Way; Goal: 25 members and $175.
San Francisco: Mrs. J. Kahn, 221 Larkin Street,
and her campaign committee, through a series
of personal visits and telephone contacts, and a
cocktail party and reception in May, will enroll
new members. Goal: 175 members and $1225.
San Jose: Mrs. Justin Vanderlaan, 320 Hed-
- ding, is scheduling a meeting April 19, with Ernest .
Besig, executive director of ACLU, as speaker.
Goal: 10 members and $70. Santa Cruz: Dr. Mar-
vin Naman, 1700 Mission. Goal: 5 members and
$35. Santa Rosa: Jack McCormick, 629 Russell
Avenue. Goal: 5 members and $35. Stockton: Rev.
Clifford D. Crummey, 1625 North Lincoln. Goal:
10 members and $70.
San Mateo: Mrs. Norton Benner, 136 Robler
Avenue, is inviting members and prospects from -
San Mateo and Hillsborough to her home for
coffee and dessert on April 23. Lawrence Speiser,
staff counsel for ACLU, will speak.
Post Office Dep't Suffers
Setback in `Confidential' Case
The Post Office Department has suffered an-
other defeat in its campaign to check the contents
of Confidential magazine prior to publication.
Federal Judge Luther Youngdahl recently ruled
that he would not change his injunction order bar-
ring the Post Office from carrying out its "with-
holding from dispatch" order issued against the
publication.
Confidential, which has a reported circulation
of 4,500,000, is published every two months, It
purports to give the inside story on events and
persons of prominence. Several of the stories have
`been criticized as to their accuracy and a number
of libel suits are`now pending against the maga-
zine. The Post Office's "withhold from dispatch"
order last summer had denied use of the mails
until the magazine was reyiewed by the Post Of-
fice.
Judge Allowed Hearing
In his original decision, Judge Youngdahl ruled
that if after publication Confidential was found to
be non-mailable, a hearing in conformity with the
Administrative Procedures Act was to be granted
by the Post Office Dept. and that the magazine
should be allowed the use of the mails unless the (c)
Postmaster General, after proper notice to the
magazine, should obtain an injunction from a fed-
eral district court. What Judge Youngdahl ruled
against in his most recent action was the Post
Office's complaint that his original decision was
inequitable and that the mailability section of the
Post Wffice Dept. cannot operate under it.
Prior to Judge Youngdahl's second ruling, the
American Civil Liberties Union and its anti-cen-
sorship affiliate, the National Council on Free-
dom from Censorship, had requested the Post
Office to reverse its decision to appeal Judge
Youngdahl's original decision.
Criminal Action Always Possible
"As the Post Office Dept. knows, there is a
remedy for dealing with material that is truly
non-mailable. This is to bring action under the
criminal law and have the entire matter decided
in a court of law, where the argument as to the
content and effect of the publication could be free-
ly aired," the ACLU declared.
In supporting the civil liberties principles in
the Confidential case, the ACLU emphasized that
its action should not be considered as support for
the content of the magazine or the kind of journal-
ism it represents.
Headline Hunting Vagrancy Raid Results
In Two Convictions, One Acquittal
Two men were found guilty of vagrancy and
another was acquitted of the same charge in a
South San Francisco jury trial resulting from a
February 19th round-up of alleged sex deviates
at a Sharp Park tavern. All three were represented
by ACLU Staff Counsel Lawrence Speiser. The
raid was headed by San Mateo County Sheriff Earl
Whitmore with great fanfare and was a joint ef-
fort of sheriff's deputies, Army Military Police, al-
coholic beverage control agents and highway pat-
rolmen. ao :
Highty-Seven Arrested
Some 200 persons were forced to go through a
police gauntlet which resulted in some 87 being
arrested on charges of violating the vagrancy law
in being lewd and dissolute persons and commit-
ting acts outraging public decency. Bail for all was
set at $50.00. Suggestions to all of those arrested
were made by law enforcement officers as well as
bail bondsmen, that if they would forfeit bail, all
further proceedings would be dropped.
On March Ist, all of the defendants were sched-
uled for arraignment. Only 57 of the 87 appeared
and the court ordered bai! forfeited for the rest.
Deputy District Attorney Brian Rowson said
bench warrants would not be issued for those for-
feiting bail. "We are treating these rather lightly.
Our main purpose is to stop the operation of the
bar," he said. Six attorneys including Lawrence
Speiser, ACLU Staff Counsel, representing some
30 of the defendants, all entered not guilty pleas
and requested jury trials. All of the trials were
"set for March 26th and 27th over objections of
counsel that this was beyond a 30-day limit
within which misdemeanor cases must be tried.
Bail Reduced
On March 9th, on the Court's own motion, all
of the bails in these cases were reduced, from
$50.00 to $10.00. Many defendants then called
Deputy District Attorney Rowson who told them
that if they would agree to forfeit bail, that his
office would be willing to drop the two charges of
being a lewd and dissolute person and committing
acts outraging public decency, and instead, charge
them merely with disturbing the peace. He assur-
ed them that bench warrants would not be issued
for those forfeiting bail. A few days, before trials
were scheduled to begin, Deputy District Attorney
Rowson called all of the attorneys representing
defendants and relayed a message to them from
South San Francisco Municipal Judge Thomas L.
Bocci, Jr., through Municipal Court Clerk Rich-
ard R. Liberty, that Judge Bocci would grant
ACLU Will Oppose Seizure
Of Communist Party Assets
The national office of the ACLU last month
protested the tax seizure of Communist Party as-
sets throughout the country as smacking "more
of Communist totalitarianism than American
- democracy."
The seizures occurred at the request of Donald
R. Mosey, New York District Director of Internal
Revenue, who claimed the C.P. had neglected to
pay income taxes and failed to file any claim for
exemption. Neither have the Republican, Dem-
ocratic, Socialist, Socialist Workers, Socialist La-
bor, Progressive, Prohibition, ete parties paid in-
come taxes.
The action against the Communist Party is
clearly discriminatory. At the same time, there
seems to be no excuse for a "jeopardy assess-
ment,'-seizure of property without first present-
ing a bill or claim. If there was evidence that the
Communists were disposing of their assets, this'
aspect of the case might be on a different footing.
In San Francisco, the ACLU of Northern Cali-
fornia will support any federal court action to set
aside the local levy on Communist Party property.
ACLU Staff Counsel Lawrence Speiser has been
authorized to represent the ACLU as amicus
curiae if such court proceedings are filed.
The seizure of property to satisfy the claim
against the Daily Worker appears to be on a dif-
ferent footing, because, according to press dis-
patches, the neswpaper did owe back taxes. On
the other hand, as far as can be learned, no seizure
of Daily Worker property was made in Northern
California.
In condemning the Government action, the na-
tional office of the ACLU said: "Certainly the
Government has the right to collect back taxes,
and no civil liberties question is raised by the
Government using proper means of achieving this
objective.
"However, both the timing and method used in
the Government's seizure lead to grave doubts
that the precipitate action was taken for any rea-
son but further harassment of the Communist
party."
summary probation instead of any fine or im-
prisonment in the event any defendants would
agree to plead guilty to disturbing the peace.
The trial of one defendant, set for March 26th,
was set over until April 24th by Judge Bocci in
spite of objections of Staff Counsel. Lawrence
Speiser that this was a month beyond the 30-day
statutory limit for misdemeanor ,trials. By the
next day, there were only 25 cases scheduled to
be heard. Of these, 16 forfeited $10.00 bail each,
four had their cases continued until April 3rd, and
two plead guilty to disturbing the peace and were
granted summary probation by Judge Bocci. The
remaining three were represented by Speiser for
the ACLU in a consolidated trial over Speiser's
objection.
Sheriff Testifies
Sheriff Earl B. Whitmore testified that he had
seen all three men dancing in a lewd and lascivious
manner and stated that he was able to identify
most of the 88 who were arrested and had seen
them engage' in indecent dancing. His testimony
was backed up by Inspectors Pomeroy, Perrara,
and Sgt. Moran of his department. All of the law
enforcement officers testified that they had been
at this bar, known as "Hazel's'", on several prior
occasions and had observed males dancing with
males and had made no previous attempts to make
any arrests. They also testified they had been at
the bar on Sundays and had observed dancing but
had made no attempt to stop it, in spite of a county
ordinance prohibiting dancing on Sundays in pub-
lic places.
' Conflict In Testimony
The Sheriff and his deputies also stated that
_ they had seen each of the three defendants at the
bar on several previous occasions. One of the
defendants, Fred W. Aykens, however, testified
that he had been out of the state for eight months.
and had only returned the night before the bar
was raided, He, together with Randolph Wallace,
were convicted by the jury, although both empha-
tically denied that they had done anything other
than have two drinks at the bar. The only de-
fendant who admitted he was dancing was Har-
land Martinez, who was acquitted. He stated that'
he and a group of friends had done some jitter-
bugging steps and were "fooling around."
_ Validity of Laws Challenged
Speiser challenged the constitutionality of both
laws under which the men were charged, and
Deputy District Attorney Rowson agreed. with
him that there was a serious question of the con-
stitutionality of the charge of outraging public
decency and, prior to trial, moved that that charge
be dropped. The motion was granted.
Sentencing was Set at a date too late to be re-
ported in the NEWS. An appeal will be taken rais-
ing the questions of the denial of due process in- |
volved in the police raid, the ignoring of the sta-
tutory requirement for a speedy trial, and the
constitutionality of the vagrancy law under which
the men were convicted. a
What Price Security Cases?
What effect do security charges have upon -
an alleged security risk? We know he is
threatened with economic disaster, suffers
sleepless nights and hates to tell his friends
and associates that his government regards
him as being disloyal and a possible traitor. -
`Here are two more "effects" as told to the
ACLU by a federal employee who was cleared
and reinstated to his job after being suspend-
ed for almost fifteen months.
"Many people at work shy away from me
and avoid personal contact during coffee -
breaks and lunch. It's a natural situation in
that these people fear losing their jobs. The
indirect intimidation stems from the secur-
ity, or rather insecurity, program and I pre-
sume this is the way its supposed to work.
The program has already wreaked its toll in
slavish conformity to do-nothing and think-
no-evil thoughts.
"I never did tell you about my nine-year-
old boy whom we had to take to the psy-
chiatric clinic and where he was very gener-
ously admitted even though we don't live in
San Francisco, As a result of being shunned
by our neighbors, etc., the boy developed some
aggressive tendencies and his school work
suffered, ete. As a result, he became emo-
tionally disturbed, and needless to say we've
had a lot of trouble with local authorities of
all kinds over the past 16 months. Imever did
discuss this with you because you hear enough
grief as it is. Anyway, he is improving by
leaps and bounds and we hope this too will
come to pass."
Page 4
AMERICAN CIVIL LIBERTIES UNION-NEWS
April, 1956
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: EXbrook 2-4692
ERNEST BESIG 0. oe Bdltor
Entered as Second-class matter, July 31, 1941, at the
Post Office at San Francisco, California, .
oe under the Act of March 3, 1879.
Subscription Rates-One Dollar and Fifty Cents a Year.
Fifteen Cents per Copy -151 g
OPEN FORUM
An Open Letter to L. B.
Dear L.B.: |
I'm convinced that you are confused, and I wish
to come to your rescue before any more misunder-
standing takes place. You couldn't possibly have
intended to contribute to the Civil Liberties Union
when you sent your three dollars. You must have
had in mind the Daughters of the American Revo-
lution, the Veterans of Foreign Wars, the Amer-
_iecan Legion, or the Ku Klux Klan. I shall be only
too glad to replace your three dollars if you wish
to withdraw the money and contribute it properly.
You see, L. B., the concept of "civil liberties"
means, as nearly as one can state it briefly, equal-
ity before the law-i.e., what the Founding Fathers
meant when they said that `all men are created
equal.'' Needless to say, this refers not only to the
rights of the individual vis-a-vis the existing law
but also to the formulation of new law if it threat-
ens this concept of equality. This is an important,
if hard-to-swallow, doctrine; for the law cannot
then act upon what it thinks an individual believes,
what it suspects an individual may do in the fu-
ture, or what might happen if everyone decided
to act as one individual chooses to act. In the first
case, there is no way of knowing what a person
believes-aside from observing his actions-even
on the basis of his own statement. And, if there
were, history has proven-if it has proven any-
thing-that belief cannot be regulated by law.
In the second case, only God knows what anyone
will do in the future; if we were to be jailed on the
basis of the potential crimes of which we are
capable, there would be no jailers left to watch
the inmates. In the third case, the absurdity is
_ evident if we change your term "conscientious ob-
jector" to "`six-day bicycle, rider'; certainly if
everyone took up bike racing-or sand sculptur-
ing, or an exclusive diet of goat's milk-our whole
political-economic system would fall apart. Yet
do we therefore deny the right of any individual
to choose these "attitudes or beliefs"? _
And what of the Negroes (capital letter, please)
"trying to force themselves into white commu-
nities"? Have you, L. B., ever really examined the
physical and cultural climate of a non-white com-
munity-usually consciously maintained on a low-
expenditure-high-income basis by its white own-
ers? Have you risked the rotten and broken-down
stairways? Have you been subjected to the inade-
quate and unhealthful plumbing and sewage Sys-
tems? (I'm not talking about the Deep South or,
the great metropolises; I'm talking about Berke-
ley, Oakland, or my own town of Modesto.) Have
you speculated upon the lack of playgrounds, de-
cent school structures, library facilities, etc.?
Would you, L.B., be content to live and raise your
children in such an atmosphere for no other rea-
son than that you were born black, yellow, or
brown, rather than a washed-out tannish pink? ,
You say, "My suggestion is to take more care
to give assistance in worthy cases." From your
context you make it quite clear that you want the
ACLU to protect the right of Republicans to agree -
with John Foster Dulles, of young men to. be
drafted into the armed forces (so long as there
are no "questionable security risks" in their fa-
milies), of government employees to have abso-
lutely no opinions except those officially issued to
them by proper authority, and of white people to
move into white communities. Your money would
be better spent somewhere else.-W.C.J.
P.S. I am a white American, a veteran with
seven battle stars and a Bronze Star Medal award-
ed for combat.-W.C.J.
Do You Have Our Number?
As a result of the ACLU's expansion pro-
gram, including the acquisition of a fourth
telephone line, it became necessary to re-
linquish our old telephone numbers in order
to secure four consecutive numbers, Our new
number is EXbrook 2-4692. If that line is
busy, the call is automatically transferred to
the next of our four lines that isn't busy. If
you get a busy signal, you'll know that all
four lines are busy with free speech.
It's EXbrook 2-4692
ACLU Biennial Conference
Struggles With Internal Problems
Marked by a declaration of the national direc-
tor, Patrick M. Malin, subsequently withdrawn,
that he would, with the support of the staff,
recommend abandonment of the ACLU's affiliate
system and establishment of a centralized form of
control, the ACLU's biennial conference held in
Washington, D.C., February 29 to March 4, never-
theless wound up with a new set of By-Laws and
a proposed 60-40 per cent split in the Union's "in-
tegrated" membership income by 1958-1959, The
larger amount would go to the affiliates. (The
split in New York City would be 50-50.) For the
current year, however, the national office would
receive $220,423 of the membership income while
the 21 "integrated" affiliates would receive $156,-
126.
Mr. Malin's bombshell came at the afternoon
meeting of the second day of the conference. `We |
are disheartened by the negative results of the
Finance Commission's work," said the statement,
"and regard as impracticable in the present stage
of our development the now proposed revision of
the Constitution-not so much because of any
particular change as because of the cumulative
effect of all the changes. The federal exeperi-
ment now seems to us to show too' little pro-
mise of success and too much threat of failure.
We therefore finally feel driven to the conclusion
that there should be, instead of that federal ex:
periment, a central organization acting through
its legal and other representatives in the several
sections of the country-with the cooperation of
regional, state and local advisory committees
wherever they can be set up." Mr. Malin also
stated his intention of presenting his resignation
at the next National Board meeting.
The conference requested the staff to withdraw
the statement but it declined to do until it saw
what action the conference took. Then, on the
morning of the last day, Mr. Malin announced that
the statement had been withdrawn and that he
would not resign.
Action Foreshadowed
Mr. Malin's statement was foreshadowed by a
letter which accompanied his proposed By-Law
changes. ``Federalism," said the letter, `will pro-
duce the net minimum of desired results, at this
stage, only: (a) if we are willing to go approxi-
mately as far in distribution of power and action
as the office's constitutional draft goes and (b)
if we are willing to go approximately no farther!
Anything which seems to me a substantial depar-
ture from that line, in either direction, will compel
me to recommend-with the greatest regret, but
with the greatest urgency-the abandonment of
our federal experiment, for the sake of the great-
`est possible net amount of external effect for civil
liberties over the whole country."
As a matter of fact, the proposed constitutional
changes still leave almost complete power in the
hands of the national Board of Directors. The
chief revision would establish an "Interim Com-
mittee" of six, which would meet at least once a
year. The "Interim Committee" would be com-
posed of three representatives of affiliates chosen
by them, one member of the National Commit-
tee and two members of the National Board. (Mr.
Malin proposed a 2-2-2 division of representa-
tives.) The `Interim Committee" would make
recommendations to the national board and would
_also make nominations for the annua! elections of
the National Committee and the national Board of
Directors, but further nominations could be made
Poor old L.B.
Editor: Poor old "L.B." (March '56 ACLU-
NEWS). He or she certainly must be confused.
I suggest that you return "L.B.'s" three dollars
until such time as there is a clarification of terms
and an understanding of what he or she supports,
Enclosed is $3 as a replacement.-R.F.E.
Let L.B, Name His Worthy Cases
Editor: I disapprove of L.B.'s disapprovals.
Boy! L.B.'s letter is as phony a one for the pre-
servation of civil liberties as I've read.
I would call him a civil liberty faker.
He says the communists would deny others
civil liberties and he tries to leave the impression
he thinks that wrong and then in the next sentence
he wants to deny them their rights.
But like all of these "great'' phony civil liber-
tarians, he, too, won't stop there. Then its the
conscientious objectors, and questionable security
risks and Negroes and I'm sure he can think of
others. |
He utters a "great" sounding phrase like lets
give assistance to worthy cases and then fails to
tell what he considers a worthy case.
It's not too hard to figure his purpose, it seems
to me. He'd like to make the ACLU another reac-
tionary organization. I ask L.B. to name some
of his worthy cases.-E.J.V.
- by petition by any five members of the Board, ten
members of the National Committee or any fifty
individual members.
To most observers, it appeared that financial
disagreements were the real cause of Mr. Malin's
threat to recommend abandonment of the affiliate
system. Since the finances of the ACLU of North-
ern California are not integrated with those of
the national office, its representative at the con-
ference was merely a spectator to the controversy.
Jeffrey E. Fuller, the national membership di-
rector, forecast failure of the new financial plans,
and the Executive Committee of the Ohio Civil
Liberties Union, disappointed at the decreased al-
lotment for their branch, since the close of the
conference, has protested that "to reduce all af-
filiates to the same percentage level as the Com-
mission's plan tries to do is to reduce the ability
of the Union to concentrate its funds according to
need and opportunity." It has, therefore, urged
the National Board to reject the financial plans
adopted by the biennial conference.
No Financial Integration For No. Calif. |
Last May, when Mr. Malin visited the Bay Area
he discussed financial integration with the local
board and undertook to submit the working de-
tails of three proposed plans, including a local
proposal to pay a per capita tax or percentage of
income to finance national operations. Those plans
have never been submitted. Instead, at the close
of the biennial conference, Mr. Malin suggested
to the local director that the subject of financial
integration be dropped. Consequently, competition
for funds between the local branch and the na-
tional office will continue in the immediate future.
For the fiscal year ending last January 31, the
national office raised $11,215 in Northern Cali-
fornia. During the current fiscal year, it expects
to raise $12,897.
One difficulty with the ACLU is that it is ex-
periencing growing pains. It is like a city that
grew without a plan. In a short period of six years,
it has more than trebled its membership and in-
come, and more than doubled the number of its
affiliates. Many of these affiliates are small and
weak. This expansion has produced organizational
and financial problems which take up a tremen-
dous amount of the Union's time and energy.
Nevertheless, anyone who attended the bien-
nial conference could not help but be impressed
with the high caliber and devotion to the cause of
freedom of the men and women connected with
the affiliates and the national office. The ACLU,
by and large, is doing a commendable job on very
limited funds. It still faces serious internal prob- .
lems. Since this is a membership organization; it |
seems only proper that a report on these problems
should from time to time be made to the mem-
bership.
Recommendations Before National Board
The recommendations of the biennial conference
have recently been considered by a committee of
the national Board of Directors. That Board is
scheduled to act on the recommendations at its
meeting of April 2nd.
The ACLU of Northern California was rep-
resented at the conference by its local executive
`director, Ernest Besig, and, during the constitu-
tional discussions, by Dr. Alexander Meiklejohn.
The latter served on a special constitutional com-
mission authorized two years ago but which was
not put to work until two days before the con-
ference opened. Indeed, it appeared to many at
the conference that a lot of the headaches might
have been avoided if the national office had not
delayed the preliminary conference work on the
constitution and finances until the last minute.
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
pe ee ae. for current year. (Types of mem-
bership: Annual Member, $5; Business and Profes-
sional Member, $10; Family Membership, $25; Con-
tributing Member, $50; Patron, $100 and over.
Membership includes subscription to the "American |.
Civil Liberties Union-News" at $1.50 a year.).
2. 1 pledge $.......:. per month... On $22! per yr.
3. Please enter my subscription to the NEWS ($1.50
Per Year). ee ee eee
Enclosed please find SS Bee Please bill
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