vol. 21, no. 3

Primary tabs

"Eternal vigilance is the price of liberty."


Free Press


Free Assemblage


Free Speech


VOLUME XxXI


SAN FRANCISCO, CALIFORNIA, MARCH, 1956


NUMBER 3


Membership Campaign Set


For Last Two Weeks in April


Mr. Morse Erskine, Senior, partner in the San


Francisco law firm of Erskine, Erskine, and Tul-


ley, will direct the spring membership drive for


the American Civil Liberties Union, it was an-


nounced February 24, by the ACLU office.


With a goal of $6000 and 715 members, Mr. Er-


-skine will direct the campaign energies of 22 com-


munity chairmen, a lawyers' committee who will


solicit members in their profession, and a special


gifts' chairman, who will head a newly created


division for solicitation of donor gifts of $100 or


more. The campaign is scheduled for the last two


weeks in April.


The bulk of the $6000 goal which is sought, is


slated for an educational program. With additional


educational facilities, a year-round program of


guest speaker, round tables, participation in con-


ferences, and work with high school and college-


age young people is scheduled for the coming


year. In describing such an educational program,


Mr. Besig, executive director, concluded, `Civil


liberties derive their sanction from the consent


of the society in which they exist. We of ACLU


can perform no better function than to educate


that society at its broadest base, to the vital role


civil liberties play in the personal lives of each."


- Chairmen who will serve under Mr. Erskine in


the forthcoming drive are: Mr. William Roth,


chairman of Special Gifts division; Residential


chairmen: Lee Watkins, Davis; Ted Baer, Los


- Altos and Mountain View; Gordon McWhirter,


Sacramento; Mr. Joseph Fortier, Fresno; Dr.


Marvin Naman, Santa Cruz; and Louise Quinn,


Marin County. Other chairmen will be announced


in the April issue of the NEWS.


By March 9, all ACLU members will receive a


letter from Mr. Erskine, requesting the names of


friends and associates who will make up a pros-


_ pective membership list. These lists will form


the basis of solicitation by the residential area


committees.


In urging members to comply, Mr. Besig re-


iterated the need for such names, ``We now have


326 members. With ten names from each member,


we reach a challenging potential 32,600!"


High School Civil Liberties


Canter sacs March 23-25


The American Friends Service Committee will


hold a High School Conference on "Our American


Heritage: Freedom for All" at Asilomar the week-


end of March 23-25, 1956.


_ The principal speakers will be Paul Hoffman,


Chairman of the Board, Fund for the Republic, and


Ralph Bunche of the United Nations.


The registration fee for the conference is $14.50


per person. Registration blanks may be secured


from the American Friends Service Committee,


1830 Sutter St., San Francisco.


Incidentally, the Marin Chapter has voted to


' provide conference scholarships for three high


school students.


New Pamphlets


A supply of the 35th annual report of the


national office of the American Civil Liberties


Union, entitled "Clearing the Main Channels,"


is now available at the ACLU office. The price


of the 144-page pamphlet is 50c.


Also available at the Union's local office is a


pamphlet entitled `The People's Right to Know,"


a report on Gevernment news suppression, by


Allen Raymond. This 48-page pamphlet was


prepared for the ACLU and sells at 35c per copy.


Please send orders, together with remittance,


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


Calif.


Sharp Differences Between Affiliates and


National Office at ACLU's Biennial Conference


The biennial conference of the corporation mem-


bers of the American Civil Liberties Union began


at the Dodge Hotel in Washington, D.C., on Feb-


ruary 29 with sharp differences indicated between


the affiliates and the national office on questions


Army Asks Return of Hon.


Discharge in Security Case


Five days after receiving an honorable discharge


from the Army, an inductee at Fort Ord who had


a security hearing last October 31 was advised that


an administrative mistake had been made and


that he should return the honorable discharge by


return mail. He was furnished with a copy of an


order indicating that the character of his discharge


was "to be determined," and that he was not to


receive his mustering out pay until the character


of his discharge was determined.


The ACLU, which represented the young man at


his security hearing, has again been turned to for


advise. He has been advised to take no action


until his rights in the matter can be determined.


The charges in the security proceeding were


not, very substantial. First of all, it was claimed


that in 1951 he had been "on the mailing list of


the Socialist Workers Party, .. ." Next, it was


claimed that "On 18 February 1954, you stated


that you would like to go to Russia for a year or


so to see how things are run over there; and,


further that they have a `pretty good deal for the


working man' there."


The third charge was that he had "maintained


a close association with R.A.C., who since 1946


was active in Communist activities; and, E. J., a


member of the Communist Party since 1938." The


fourth charge was that he had ``maintained a close,


continuing association with your brother, who,


during 1951, was on the mailing list of the Social-


ist Workers Party, aoe


The final charge was that "In 1950 and 1951,


you were a member of the Young Progressives of


America, an organization which steadily and en-


thusiastically supported the Communist Party


line."


As usual, the Government relied on a secret file


in support of its charges. The inductee did not tes-


tify, but a number of his associates testified that


he had given satisfactory service to the Army.


Ernest Besig, local ACLU Executive Director, who


appeared in his behalf, contended that the inductee |


should be given the kind of a discharge that re-


flected the character of his service.


ACLU Invented Civil Rights


"Tt is almost true to say that the American Civil


Liberties Union invented civil rights, for before


this organization came on the scene after World


War I, there was little articulated interest in or


concern for the problem except among the op-


pressed. Much the ACLU did directly, but above


all, it supplied a formula-a public relations `pack-


age'-a body of civil rights doctrine, around which


could be mobilized the teachers, trade unionists,


ministers, editors, and others who had previously


lived in atomistic impotence. Roger Baldwin, a


Madison Avenue advertising genius who somehow


located on the wrong street, supplied the organi-


zation an impetus and a direction that gave the


Union a nationwide reputation in an incredibly


short space of time. For every dues-paying mem-


-ber, there were probably a hundred non-members,


_ frequently in key opinion-forming positions in


their communities, who followed the Union's lead-


ership, rallied to its campaigns, and passed on its


position to their opinion-constituents."-From an


article by John P. Roche, in the June 23, 1955 issue


of The New Republic, entitled "We've `Never Had


More Freedom."


of By-Law changes, national office operations, and


division of the Union's income. _


Attendance at the conference is restricted to


members of the corporation, who, under the pre- -


sent By-Laws, are defined as `"`(i) the members of (c)


the national board of directors, (ii) the members


of the National Committee, and (iii) the boards-


considered corporately-of the local affiliates."


Membership Control


Several affiliates have proposed changes in the


national By-Laws that would lead sooner or later


to the vesting of control and management of the


corporation in the general membership, Indeed,


under a plan proposed by the Ohio Civil Liberties


Union, management of the Union's business would


be ``vested in its National Convention, and. between


meetings of its National Convention in its Board


of Directors," which would be elected by the con-


_ vention. The Colorado branch has made similar


proposals.


The State of Washington Chapter would also


like to see control and management of the cor-


poration vested in the membership. Nevertheless,


it proposes' ``an intermediate stage vesting the


control in the National Board and in the Affiliate


Boards." Under this plan, national committeemen


would be reduced to sponsors of the organization,


Malin's Proposals


On the other hand, Patrick Malin, the ACLU's


executive director, has offered a new set of By-


Laws which he claims will enlarge the role of the


affiliates whose members send their dues to New


York, but places affiliates like Northern California


in a second class position in the organization.


Mr. Malin's proposal would eliminate the affili-


ates and national committeemen as members of the


corporation and place virtually complete control


of the Union's business in the present 35-member


Board of Directors. The `enlarged role" of certain


affiliates apparently refers to a proposed "Interim


_Committee"' of six persons which would meet once


a year and make mere "recommendations" to the


Board, besides serving as a nominating commit-


tee to nominate persons for the national board and


the emasculated national committee.


Interim Committee


Boards of affiliates whose members send their


dues to New York would elect two persons to the


Interim Committee. The chairmen of the national


board and the national committee would each ap-


(Continued on Page 4, Col. 2)


Expansion Program Results


In Staff of 55 Paid Persons


The expansion program of the ACLU of North-


ern California has not only resulted in the hiring


of Priscilla Ginsberg as Public Relations Director,


but the return of Florence Dobashi, who resigned


last year after five years of service, on a part-time


basis. As a result, the office now has 51% paid


employees.


Of course, the 114 additional employees made it


"necessary to acquire more office space. For a time


it looked as though the branch would have to move


from its present address because of lack of suit- 0x00B0


able space and particularly because of a proposed


increase in the rent. In the end, however, the ACLU


acquired a fourth room and the rent was kept at


the old rate of 30c a square foot. A three-year


lease has been signed, beginning March 1.


In order to get a proper start under the new


lease, the lessor agreed to paint the 825 square


feet of office space, so the four rooms are now


bright and fresh.


Unfortunately, because it was necessary to ac-


quire a fourth telephone line, the ACLU's tele-


phone number will be changed next month from


EXbrook 2-3255 to EXbrook 2-4692. A further


announcement cn this subject will ze made in the


next issue of the ``News."'


Ss


Page 2


AMERICAN CIVIL LIBERTIES UNION-NEWS


March, 1956


ACLU Wins Court Decision


In Right to Counsel Case


The U.S. Supreme Court, in a unanimous deci-


sion, has ruled that Stephen A. Herman had im-


properly been denied a hearing by the Pennsylva-


nia courts on his charge that his guilty plea to


charges of forgery and burglary and subsequent


sentence were the result of coercion and threats


and he did not have knowledge of his right to


court-appointed counsel. The American Civil Lib-


erties Union had taken the case to the high court,


where its former staff counsel, Herbert Monte


Levy, and cooperating attorney, Marjorie Hanson


Matson, argued the case. ~ oo


Herman had pleaded guilty in 1945 in a Penn-


sylvania state court on 30 charges of burglary,


larceny, forgery and false pretense, and was sen-


tenced to 1714 to 35 years in the penitentiary.


Hight years later, in 1953, he filed a petition for


habeas corpus, asking the sentencing court to set


aside his conviction. Herman claimed that he had


been held incommunicado for three days after his


arrest, during which a state trooper threatened


to choke him if he did not confess, and that


threats were also made against his family. After


72 hours of intermittent questioning, he confessed,


allegedly agreeing to plead guilty to three charges


only, but signed a plea of guilty to the 30 offenses


when the assistant prosecuting attorney allegedly


said, "Sign your name and forget it.' Herman,


who had been to school only six years, was 21


years old when convicted, and his only prior crim-


inal experience was in 1943 when he had received


a six months jail sentence on a guilty plea, also


made without counsel. The District Attorney de-.


nied violence and coercion, admitted charges of


three days detention before Herman was taken


before a judge, but claimed that the confession


was voluntary and that everything else was im-


material. The Pennsylvania courts denied Her-


-man's petition without a hearing.


The District Attorney argued before the high


court that it would be a waste of time and expense


for a hearing to have been granted, in that there


is no need for such a proceeding because the Dis-


trict Attorney had denied most of the allegations.


The ACLU attorneys contended that the only way


to establish truth when denial of allegations had


been made is to have a hearing. The court, in an


opinion by Justice Black, accepted the ACLU con-


tentions, stating that all the allegations as to


Herman's treatment prior to conviction and his


understanding of the nature and consequences of (c)


the guilty plea, "present the very kind of dispute


which should be decided only after hearing." The


court also said that "the number and complexity


of the charges against petitioner, as well as their


seriousness create a strong conviction that no


layman could have understood the accusations,


and that petitioner should, therefore, have been


advised of his right to be represented by counsel."


In justification of the ruling, Justice Black said


that a conviction based on a confession extracted


by violence or mental coercion is invalid. Mrs.


Matson is now moving in the Pennsylvania Sup-


reme Court to have Herman freed.


Book Note


THE DEVELOPMENT OF ACADEMIC FREE-


DOM IN THE UNITED STATES, By Richard


Hofstadter and Walter P. Metzger, Columbia Uni-


versity Press, New York, 1955, 527 pp., $5.50.


ACADEMIC FREEDOM IN OUR TIME, By


Robert M. Maclver, Columbia University Press,


New York, 1955, 329 pp., $4.00.


ACADEMIC FREEDOM; AN ESSAY IN DEF-


INITION, By Russell Kirk, Henry Regnery, Chi-


cago, 1955, 210 pp., $3.75. ;


COLLECTIVISM ON THE CAMPUS, By E.


Merrill Root; Devin-Adair Co., New York, 1955,


- 403 pp., $5.00. :


The Hofstadter-Metzger book is the most com-


prehensive study in the area of academic freedom


yet produced; it demonstrates with authority and


clarity the manner in which a European heritage


interacted with our Colonial experience and the


nineteenth-century growth of this country to pro-


duce a distinctively American idea and practice.


The Maclver book brings to an interpretation of


the current scene the author's expert sociological


judgment and personal wisdom. These volumes


- were made possible by a grant from Louis M.


Rabinowitz to the American Academic Freedom


Project at Columbia University.


Russell Kirk's work is a sober essay from a


point of view which frankly repudiates "liberal-_


ism," progressive education and pragmatism, and


recommends a return to the values of the medieval


university. E. Merrill Root reviews a number of


major recent academic freedom cases and comes


to the conclusion that this principle is used only


- to protect the liberal-Marxist-collectivist-Commu-


nist teacher, while the unorthodox-conservative- _


free enterpriser suffers unnoticed.


'Unknown' Informants


Aid Passport Decisions


The State Department has informed the U.S.


Court of Appeals in Washington, D.C. that its


decision to deny a passport to New York attorney


Leonard B. Boudin was based, in part, on deroga-


tory information supplied by informants who


were not known to the Department.


In this latest test of the Department's power


to deny passports, the Department added that the


derogatory information relating to alleged Com-


munist affiliations also came from "public. . . in-


formation and newspapers," and "informants


whose identity is known to the Department and


whose credibility has been evaluated by the De-


partment." It said that the informants that were


unknown to it had been judged credible by the


government agency which supplied the informa-


tion.


The Court of Appeals had requested the State


Department to supply the information after Fed-


eral District Judge Luther Youngdahl had ruled


that the Department had denied the passport on


the basis of evidence by secret informers and


should grant Boudin a hearing on his application.


The government appealed the decison.


Boudin's request for a standard passport was


turned down in February, 1955. Boudin earlier


had held a limited passport for travel in specific


countries of Europe and had filed a required af-


fidavit that he was not then a member of the


Communist Party. He had refused, however, to


make a similar statement covering past member-


ship.


In turning down Boudin's bid for a standard


passport, the State Dept. told him that `evidence


has been obtained that you are a member of the


Communist Party, and... that if your member-


ship was terminated it was under such circum-


stances aS warrant the conclusion ... that you


continue to act in the furtherance and under the


discipline of the Communist Party."


Youngdahl found that in arriving at this con-


clusion, and in subsequent hearings by the Pass-


port Board of Appeals, that "confidential informa-


tion was employed; that files were not revealed;


and that evidence contained therein could not be,


and was not, subjected to cross-examination."


How then, he asked, could an applicant refute


charges which arise from sources, or are based


upon evidence, which is closed to him? `What


good does it do him to be apprised that a pass-


port is denied him due to associations or activities


disclosed or inferred from State Dept. files even


if he is told of the associations and activities in


a general way. What files? What evidence? .


From what materials were these inferences


made?"


In concluding that the Passport Office had not


conformed with the requirements of due process,


. Youngdahl said flatly that the right to a quasi-


judicial hearing must "include the right to know


that the decision will be reached upon evidence of


which (an applicant) is aware and can refute di-


rectly .. . When the basis of action by any branch


of the Government remain hidden from scrutiny


and beyond practical review, the seeds of arbi-


trary and irresponsible government are sown."


Weekly Civil Liberties TV


Program Sundays on KRON-4


Under a grant from the Fund for the Republic,


the TV' program "Barrier" had its first appear-


ance on KRON-TV, Channel 4, Sunday the 26th


of February from 2:30-3:00.


The new weekly public service television pro-


gram covers events and issues that affect civil


liberties. It is sponsored by the Council for Civic


Unity of San Francisco. -


"Barrier" will run an initial 13 weeks, but may


be extended for as long as a year under the terms


of the grant. Main focus will be on events in the


Bay Area, which will be covered primarily through


documentary and news filming. Issues such as the


- Marin "battle of the books," the Sing Sheng case,


or a church contesting the State loyalty oath will


be brought to the Bay Area television audience. A


five-minute roundup of the week's news in civil


_ liberties and intergroup relations, plus brief "ac-


tion notes," wind up the half-hour show.


The new program is edited and narrated by Ed-


ward Howden, Executive Director of the Council


for Civic Unity for the past ten years.


The Council announced that it "is not entering


the civil liberties field-which in the Council's


view is served ably by the American Civil Liberties


Union-but is sponsoring this one TV project,


embracing both minority and civil liberty ques-


tions, because of the unprecedented opportunity


it affords to advance public appreciation of the


great human rights issues of our day." 7


A number of Bay Area community organiza-


March 14.


Separate By-laws Adopted


By Marin Chapter ACLU


At a general membership meeting February 7,


the Marin Chapter of the American Civil Liberties


Union formally adopted its own set of by-laws,


approved by the branch Board of Directors. These


original by-laws were the result of a year's work


by H. Putnam Livermore, and after some ques-


tions by the general membership, were unani-


mously approved.


The meeting, held at the Jewish Community


Center in San Rafael, also heard Ernest Besig,


Executive Director of the Northern California


`branch, speak on the work and direction of his


office, and the recently appointed public relations


director for the ACLU of Northern California,


Priscilla Ginsberg, address the group on the scope


of her office.


Chairmen of the Marin chapter gave brief re-


sumes of their work during the past year, and the


new hoard of directors was elected as follows:


Henry Arian, James Chestnut, Anne Coolidge,


` Milen Dempster, Harry. Evans, Warren Ewing,'


Betty Hemingway, Helen Kerr, Patricia Lamardin,


Ruth Lederman, Michael Lewton, Sali Lieberman,


Clem Miller, Louise Quinn, Nancy Swadesh.


The new board, by resolution, invites all mem-


bers of the ACLU living in Marin County to at-


tend board meetings as visitors with a chance to


be heard. .Those interested in attending these


meetings may get further information by calling


Nancy Swadesh, DU 8-0408.


cent


February 14 the new board of directors met at


the home of Harry Evans, Kent Woodlands, and


elected the following officers and committee


heads:


Milen C. Dempster, Mill Valley, Chairman; Ruth


Lederman, Kent, Treasurer; Anne Coolidge, Kent,


Recording Secretary; Nancy Swadesh, Mill Val-


ley, Corresponding Secretary; James. Chestnut,


Larkspur, Librarian; Sali Lieberman, Mill Valley,


Fund Raising; Louise Quinn, Mill Valley, Member- (c)


ship; Clem Miller, Corte Madera, Education, and -


Helen Kerr, Sausalito, Publicity.


Additional committees were formed that elected .


Michael Lewton, Sausalito, in charge of a Civil


Rights Committee, and Patricia Lamardin, Tibu-


ron, to head a Telephone Committee.


The board will meet the second Tuesday and


second Wednesday of each month, alternately, the


next meeting to be held at the home of Henry


Arian, 250 Cleveland Avenue, Mill Valley, on


ACLU Asks Contempt Action


In Univ. of Alabama Case


The American Civil Liberties Union last month


called on Attorney General Brownell to press for


criminal contempt of court action against those


persons responsible for mob violence in defiance


of a federal court ruling ordering the University


of Alabama to admit Negro student Miss Auther-


ine J. Lucy to classes. :


_"We do not believe that the federal government


can stand by and see federal court rulings defied


by mob violence," the ACLU told Brownell.


"The stories reported in the newspapers con-


cerning the mob action against Negro student


Miss Autherine J. Lucy at the University of Ala-


bama are a shocking example of lawlessness and


blind prejudice," the ACLU said. "In defiance of |


a local Federal court order directing Miss Lucy's


admission to the university, a mob has chosen the


course of violence to thwart judicial rulings. This


is direct contempt of court and should be treated


as such. The reprehensible outbreak ig even more


serious because it undoubtedly stems from opposi-


tion to the U.S. Supreme Court decision that seg-


regation and discrimination have no place in pub-


lic education.


"We do not believe that the federal government


can stand by and see federal court rulings defied


by mob violence. The Alabama incident involves


the vital civil liberties principle of equality for all,


which must be upheld. It also involves with equal


strength the principle of respect for law, the


cornerstone of democratic government. Unless


firm action is taken in the Alabama situation, both


of these principles may be further violated in


other areas. We urge the Department of Justice


initiate an immediate investigation into the mat- |


ter for the purpose of bringing criminal contempt


of court action under U.S. Criminal Code, Section


401, against those responsible for the outbreak


having knowledge of the court order. Such action


can help to erase this blot on America's record of


continuing progress in the fight against racial


discrimination."


tions, including the ACLU, will serve as consul-


tants for particular "Barrier" programs within


their respective fields.


March, 1956


Fermer War Prisoner


Awarded $1090 in Benefits


Robert L. Simpson of Sacramento, Korean war


veteran, was notified by the Foreign Claims Settle-


ment Commission on February 6 that he was elig-


ible for prisoner of war benefits and that his claim


had been allowed in the sum of $1090. Two weeks


later he received a check in that amount.


Simpson's claim had been rejected last Decem-


ber 2nd on the ground that during his.captivity he


had collaborated with the Chinese Communists.


At a hearing in San Francisco on December 19,


the hearing officer explained that the claim had


been denied on the basis of information received


from the Army which could not be revealed.


Simpson denied the charges of collaboration, but


no verbatim record of the hearing was kept. Simp-


son is an honorably discharged war veteran.


A second hearing was held in San Francisco.


before Commissioner Pear] Carter Pace, last Janu-


ary 16. This time a stenotypist took a verbatim


record of the hearing. Following the first hearing,


Sen. Thomas C. Hennings, Jr., chairman of the


Subcommittee on Constitutional Rights, after re-


ceiving complaints from the ACLU and Congress-


man Moss of Sacramento, protested to the Com-


mission against denial of reasonable notice of the


hearing and the absence of a stenographer. In his


letter to the Commission, Sen. Hennings stated,


_"We would partictlarly like to know whether the


Commission or claimant has to sustain the burden


of proof with regard to the issue of collaboration,


Under the law, Korean war prisoners are eligible


for benefits of $1. per day for each day the hostile


force failed to furnish them the quantity or quality


of food provided by the Geneva Convention of 1929,


and $1.50 for each day they were subjected to in-


humane treatment. No payment of an award can


be made to an individual who voluntarily, know-


ingly, and without duress, gave aid to or col-


laborated with or in any manner served any"


force hostile to the United States.


On the basis of 83 months of captivity, Simpson


should have received an award of almost $2500.


The Commission failed to state why the full claim


was not granted, and, thus far, no response has


been received to a request for the Commission's


findings.


Simpson has been represented by Ernest Besig,


Executive Director of the ACLU of Northern


California.


High Court to Rule on Federal


Personnel Security Program


The U. S. Supreme Court has agreed to hear.


the appeal of Kendrick M. Cole, who was fired


from his position as an inspector in the Food and


Drug Administration of the U. 8S. Department of;


Welfare. This is the first case in which the Sup-


reme Court has agreed to pass upon any question


arising out of President ,Hisenhower's Personnel


Security Order, which terminated the old loyalty


program and set up a new security program. Cole


appealed from a 2-1 decision of the U. S. Court


of Appeals in Washington, D. C. upholding his


dismissal.


The major issue before the Supreme Court is


whether a government employee, whose loyalty


to the country is conceded by the government, can


be dismissed from a non-sensitive position under


the federal security program. Cole was employed


as a food and drug inspector and as such had no


access to any government secrets and was not in


any position to influence policy. Since he would


not have any greater opportunities to commit


espionage or sabotage than the average man in the


street, his attorneys contend with the full back-


ing of the ACLU, that there was no reason to dis-


miss him under the security order since he could


not have been a security risk.


Cole had been charged with having an "asso-


ciaticn `with individuals reliably reported to be


Communists," and the Nature Friends of America,


an organization which is listed on the Attorney


General's so-called "subversive list.'"" When Cole


was asked to explain the membership, he refused


on the basis that this was an invasion of his pri-


vate associations. His dismissal immediately fol-


lowed. He then retained attorneys who attempted


to reopen the case with the Department of Wel-


fare and to show that his membership was inno-


cent, but this was refused even though uncontro-


verted evidence was offered that Cole had been


emotionally disturbed when he refused to answer


the inquiries because of an operation he had just


undergone.


The case is being handled by ACLU cooperating


attorneys.


AMERICAN CIVIL LIBERTIES: UNION-NEWS


FCC Upheld in Asking $64


Question of Radio Operator


A Federal Communications Commission Hear-


ing Officer last month recommended that the Com-


mission deny an application for renewal of a radio


operator's license to Travis Lafferty because of his


refusal to answer questions with respect to past


or present membership in the Communist Party or


"Communist organizations."


Lafferty had completely filled out the usual


application in July 1954, but was then requested


to furnish "additional information." :


A hearing was held in San Francisco last May 2,


at which Lafferty was represented by ACLU Staff


Counsel Lawrence Speiser. At that hearing, coun-


sel for the Commission admitted that the questions


asked of Lafferty were not-being asked of all ap-


plicants for licenses, but refused to divulge why


they were asked of Lafferty. The Commission's


counsel, Richard A. Solomon, also stated that the


Commission felt it had the right to ask these


questions "for the most serious or frivolous of


reasons."


There are no regulations specifically authorizing


these questions, and a proposed regulation which


would add them to the regular application forms


has never been adopted although pending for over


a year. It appears, therefore, that the Commis-


sion's action against Lafferty is premature.


Counsel Solomon also stipulated that nothing


exists in the files of the F.C.C. which indicates


that Lafferty has ever violated any rule or regula-


tion of the F.C.C. as a licensed radio operator, and


that no complaints against him on that score had


ever been received since he was first licensed in


1949.


The hearing officer's decision was based on the


~alleged danger from Communist radio operators.


However, it was pointed out in the brief previous-


ly filed by Speiser on Lafferty's behalf, that dur-


ing World War II known Communists were per--


mitted as ship's radio operators:and Lafferty has


had his license in effect for almost two years since


the inquiries were first put to him. In addition, he


has an amateur "ham" license, and there has been


no meve to suspend that license.


Hearing Officer Bond concludes that "the ap-


plicant's conduct (in refusing to answer the ques-


tions) amounts to a defiance of the Commission's


authority, a challenge of the lawfulness of its


proceedings, and a test of its courage to act deci-


sively. This does not denounce as abhorrent the


applicant's choice, because the essence of our


system of government under law is that its pro-


cedures as subject always to lawful assaults by


`zealots, patriotic or fanatic."


' An appeal to the full Commission will be taken


by the ACLU, and, if necessary, to the courts.


Passport Granted


in `Security' Case


After first denying a passport, the Passport


Division of the State Department early last month


reversed itself in a political case and issued the


passport. In all, it took slightly more than a year


before the matter was disposed of. The applicant


was represented by the ACLU of Northern Cali-


fornia.


When the passport was first denied, Mrs. Ship-


ley, who was then director of the Passport Divi-


sion, claimed the applicant had been "connected


with the following organizations which have been


subversive: American Russian Institute, Califor-


nia Labor School, Joint Anti-Fascist Refugee Com-


- mittee.


- "Tt is also alleged that you have associated with


known Communists and have subscribed to `Daily


People's World.' "


After answering these charges, the applicant


was suddenly informed that "There is one allega-


tion concerning you in the Department's file which


you failed to take up in your affidavit. It is in


effect that you were the educational and literature


director of the Beach Combers Branch of Golden


Gate Section of San Francisco Communist Party


in 1942. It is requested that you furnish the De-


partment with a sworn statement explaining the


above allegation and the method and circum-


stances of your termination with this branch of (c)


the Communist Party. Do you recall the names


of the members of this organization ? Any informa-


tion that you have in this connection is desired


by the Department."


The applicant denied the new charge and pointed


out that "In or about February of 1953 two agents


of the Federal! Bureau of Investigation came to


see me in San Francisco regarding the same allega-


tion. I told them then that I was enrolled at school


in Los Angeles from May 1941 through July of


1942 and that I was subsequently employed in Los


Angeles from August of 1942 to December of 1942.


I returned to San Francisco only occasionally on


holidays during that time and my total time in


San Francisco during 1942 could not have exceeded


Page 3


aie


Alleged Homosexuals Victims -


Of Lawless Mass Arrests |


Seventy-five alleged homosexuals were arrested


by 35 peace officers last month in a raid on Hazel's


Inn, Sharp Park, San Mateo county, on February


19 and charged with vagrancy. After being finger-


printed and "mugged," the men were released on


on March 1, although it is expected that many of


$50 bail each.


Those arrested are scheduled to appear in court


them will forfeit bail. Precisely what their crimes.


are, except being alleged homosexuals, is obscure.


As far as can be ascertained, none of the pat-


rons of the tavern were misbehaving or breaking


any laws when the arrests occurred. The complaint


seems to be that these men were making the tavern


a "hang-out." Of course, there is no law against


that, so long as their activity was lawful.


Newspaper reports declare that the raid was led


by Sheriff Earl Whitmore. He shouldered his way


through some 200 persons in the one large room,


jumped up on the bar and shouted:


"This is a raid!"


Participating in the raid were Sheriff's deputies,


Army military police, Aleoholic Beverage Control


agents and Highway Patrolmen.


Patrons of the tavern, according to newspaper


accounts, were ordered to lind up in single file


and pass before a group of officers at the rear


door.


`The report goes on to say that "Those recognized


by undercover agents as having shown homosexual


behavior were ordered to step to one side and they


were loaded into a van parked outside." The others


were released.


The Sheriff is quoted as saying, "The purpose


of the raid was to make it very clear to these peo-


le that we won't put up with this sort of thing." -


Whitmore said an attempt would be made to


prosecute those operating the establishment for


permitting dancing without a license and dancing


on Sunday without a license (two separate of-


fenses) and for possible violations of the liquor


laws. On the other hand, it is difficult to under-


stand what reasonable cause there was for arrest-


ing the patrons.


The raid is similar to one in North Richmond a


couple of years ago. Only, in that case, the victims |


were a minority race-Negroes.


The ACLU is investigating the matter and the _


local staff counsel will appear on behalf of some -


of the alleged homosexuals at the court hearing.


Army Changes Security


Policies for Inductees


_ Senator Thomas C. Hennings, Jr. (D., Mo.),


chairman of the Subcommittee on Constitutional


Rights, last month released the text of a letter


from Mansfield D. Sprague clarifying the new


Defense Department policy in connection .with


"security cases."


Mr. Sprague declared that "Selective Service


registrants who refuse to accomplish satisfactor-


ily the Loyalty Certificate in its entirety or who


disclose significant derogatory information on this


form will no longer be inducted and then investi-


gated, as in the past. Instead they will be investi-


gated prior to induction and will not be accepted


ve | _if the investigation, reveals that induction would


cited by the Attorney General as Communistic or -


be inconsistent with the interests of national se-


curity."


Where a board of officers rules a member of the


Armed Forces is a security risk, "the character of


the service performed shall be considered as a fac-


tor, in addition to the substantiated derogatory in-


formation, when determining the character of


separation to be awarded."


Under the new policy, those who have previous-


ly received General or Undesirable discharges on


security grounds will have their cases reviewed.


Those who are presently in the Army who com-


plete their terms of active duty will be awarded


separations based on the character of their service,


while persons discharged prior to the termination


of their tour of active duty will receive a separation


based on the character of their service (and here's


the rub) as well as relevant substantiated deroga- -


tory information. :


In other words, security business is going on as


usual for those inductees who are presently in the


Army. In fact, the ACLU of Northern California


has two new cases at Fort Ord based on alleged


associations prior to induction.


two weeks. The F.B.I. agents apologized for accept-


ing the allegation when their informant was so


obviously in error and assured me that this false


allegation would be stricken from the record im-


mediately. I am surprised that it should turn up


two years later in your files and that your office


should not yet have been notified of its inaccu-


racy."


Page 4


AMERICAN CIVIL LIBERTIES UNION-NEWS


March, 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 2-3255


BRNEIST BHSIG) 3) 8 Editor


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 as


OPEN FORUM


`I Disapprove'


Editor: Enclosed is my usual $3.00 for the sup-


port of your work. I believe in maintaining our


American civil liberties but I disapprove very


strongly of the majority of cases in which you.


engage. It seems you accomplish nothing of real


worth and bring disrepute on your organization.


_ Specifically, I do not believe we should waste


effort and money on those who do not believe in


our system of government and its civil rights but


who try to overthrow or undermine it and substi-


tute a system under which neither they nor any-


one else would have any rights, civil or otherwise.


The usual argument that we must protect the


rights of others in order to maintain our own is


`silly when applied to communists and subversives


in general. Communists don't believe that but use


it because silly Americans let them get away with


it. How long shall we prove we are as silly as the


communists think.


Another class on which effort and money is


wasted is the conscientious objector. What use


have we or any other country for persons who will


not do anything either to establish or maintain a


fair and just government. If an attitude or belief


by the majority would destroy our government,


' then why encourage it in an individual. A person


who will not fight to establish or maintain a just


government is not entitled to its protection be-


cause if all were like him, there would be no just


governments.


More and more people are charging the Ameri-


can Civil Liberties Union with being communistic


and un-American. I doubt that, but I do believe


that you occupy too much of your time on un-


`worthy cases with probable neglect of worthy


- eases. Why concentrate on communists, conscien- .


tious objectors, questionable persons trying to get


into or hold on to security jobs, or negroes trying


to force themselves into white communities either


to try to prove racial equality or to foment trouble


and turmoil.


It may be that the lack of support of which you


complain is caused by opinions similar to mine.


My suggestion is to take more care to give assist-


ance in worthy cases. Let the communists, con-


scientious objectors, questionable security risks,


and negroes trying to disrupt white communities


find and pay their own attorneys.-L.B.


U. S. Supreme Court Outlaws


Kansas Film Censorship


The U.S. Supreme Court has struck another


blow at the power of state motion picture censor-


ship boards with its decision that the Kansas film


censorship law is unconstitutional.


The court upheld a lower court decision that the


law is unconstitutional because it gives the cen-


sors too much power and fails to define clearly the


meanings of "obscene," "indecent," and "im-


moral." `


The high court, in reaching its decision, held no


oral discussion nor did it write a memorandum


opinion. The decision was in the form of a court


order.


The case arose from an action by the Kansas


board banning `"`The Moon Is Blue"' in 1953. Holm-


by Productions, Inc., and United Artists took the


case to a district court, where they received a


favorable decision. But the state Supreme Court


reversed the decision on the ground that the ac-


tions of the censors are not subject to judicial


review. :


The state censorship board has been under at-


tack for some months. Earlier last year, Gov. Fred


Hall signed an act putting an end to motion pic-


ture censorship and the board itself. But State


Attorney General Harold R. Fatzer sought and


obtained a court injunction against the repealer


on technical grounds involving the way the legis-


_ lature had written the law.


.Fatzer sought in the U.S. Supreme Court a re-


hearing of its decision, but was turned down.


With this latest decision, and Ohio abandoning


its censorship boards, state censor boards now


function in only New York, Pennsylvania, Virginia


and Maryland. A number of cities have censorship


bodies, but even in this area, pressure is develop-


ing for their elimination.


Sharp Differences


(Continued `from Page 1, Col. 3)


point two members from their groups. Additional


nominations for the board and national committee


could be made on petition of five board members.


It would take ten of the widely scattered: national


committeemen to make additional nominations,


and three boards of "integrated" affiliates. Boards


such as the one in Northern California would be


excluded from representation on the Interim Com-


mittee and in making additional nominations.


Mr. Malin's proposal would deal a final blow


to the policy making powers of affiliates and na-


tional committeemen. Two years ago, in an un-


noticed fashion, the By-Laws were changed to


reduce the actions of the biennial convention to


mere "recommendations" that are not binding on


the national board and eliminate the requirement


that policy changes be referred for approval to the


members of the corporation. Now, Mr. Malin pro-


poses to eliminate a mail referendum to the cor-


poration members "`on any action of the national


Board of Directors" which must be held `"`on the


request of any ten corporation members."


Amendments More Difficult ,


Under Mr. Malin's proposal, future changes in


the By-Laws would also become more difficult.


Presently, "three corporation members may pro-


pose an amendment," but if his plan is adopted,


changes would be proposed "by petition of any


five members of the national Board of Directors,


or any ten members of the National Committee, or


the board of any three' affiliates whose members


send their dues to New York. Proposed changes


would then be submitted to the members of the


national board and committee and the affiliates


for a vote, but the board could reject any changes


that were approved.


In submitting his proposals, this is what Mr.


Malin had to say: `We in the office, like other men,


are fallible; but we are in a unique position from


which to survey the ACLU and its needs. So, on


the eve of a highly important conference, I want


to say to all of you a few things which seem to me


vital.


Go Approximately No Farther!


"Federalism will produce the net minimum of


desired results, at this stage, only: (a) if we are


willing to go approximately as far in distribution


of power and action' as the office's constitutional


draft goes and (b) if we are willing to go approxi-


mately no farther! Anything which seems to me


a substantial departure 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 greatest possible net amount of


external effect for civil liberties over the whole


country.


"This is not merely a matter of the conditions


which a particular man feels to be necessary for


continuing to invest his life in a particular enter-


prise. This is much more a matter of my respon-


sibility to our 35,000 members-mostly of modest


means-that the time and energy represented by


their money should be sufficiently invested in (for


example) direly-needed work in the South, and not


dissipated by constitutional (or financial and ma-


nagerial) argument, from whatever side.


"Most of you have more than once kindly and


hearteningly indicated to me your recognition of


the fact that I try not to throw my weight about


anywhere in the ACLU family. I therefore confi-


dently rely on your forgiveness if, in connection


with this year's conference, I quietly remind you


that I am one of those few of us who have had long


and varied administrative and executive experience


(even more than some management consultants),


and that the national office has occasionally helped


in the Union's progress over the last six rather try-


ing years!"


Committee Stalled


Two years ago, at the last biennial conference,


a committee was authorized to consider proposals


"regarding the organization, structure and policy-


making procedures of the ACLU with instructions


to prepare a comprehensive report for considera-


tion by a constitutional conference, convening if


possible before March 1, 1955, and not later than


March 1, 1956." The Committee was finally ap-


pointed in December 1955, but, despite numerous


inquiries, it was not furnished with any materials


by Mr. Malin until the middle of last month, and


it was not called together for a meeting until two


days before the biennial conference opened. At


this writing, it is not known what kind of report,


if any, the Committee will be prepared to make.


In any case, the New York Civil Liberties Union,


feeling that there has been insufficient preparation


on the constitutional problems, intends to move


against discussion of such problems at the biennial


conference and in favor of a special constitutional


conference. ,


Between Atti


National Office at ACLU


lates and


s Biennial Conference


Possibly the sharpest controversy of the con-


ference will arise over the division of the ACLU's


income, something the members rarely hear about.


Since 1953, the members of all of the affiliates -


except Northern California have sent their mem-


bership dues to the national office, and then the


affiliates have negotiated with that office each


year for some of the money to be returned to their


areas. `Jf course, since the national office holds the


money, it has occupied a favorable position in these


negotiations. "He who pays the piper calls the (c)


tune!"


Nevertheless, dissatisfactions have piled up


until at a Finance Conference in Chicago last year


a Finance Commission was established which was


charged with working out a standard formula for


the division of funds within a three-year period, to


provide a scheme for approval of each year's bud-


gets, and to devise a plan whereby the affiliates


would assume a greater degree of responsibility


for raising and handling funds. The Committee's


recommendations will be revealed at the Confer-


ence.


609%, Maximum for Affiliates


' In the meantime, the national office has offered


- several proposals which would result in distribut-


ing to affiliates anywhere from a maximum of


60% to a minimum of 10% of membership income


derived from their areas. While last year it took


51% of the income from "integrated" areas, this


year it wants 53% of the estimated income. In


other words, the national office would receive


$166,660 as against $150.990 for 21 affiliates. In


addition, the national office expects to receive (c)


$72,800 membership income from areas without


affiliates and Northern California, giving it a total


membership income of $239,460 as against only


$150,990 for 21 affiliates. Incidentally, these af-


filiates have 25.000 of the Union's 35,000 members.


Since each affiliate is concerned principally with


its own income, there has been little or no unity


among the affiliates in dealing with the national


office. f


All along, the Northern California branch has |


suggested there must be local responsibility for


raising and handling income, and that the national


operations should be financed principally by a per


capita tax or by a payment of a percentage of |


local income. Almost a year ago, Mr. Malin, in


talking to the local board, recognized that the


per capita tax scheme was the ideal way of han-


dling the problem and indicated that alternative


plans would be submitted to the local board. That


was the last the branch heard about the matter


despite repeated inquiries.


Competition for Money In No. Calif.


In the meantime, raising of money by the ACLU


in Northern California continues on a competitive


basis. In its fiscal year beginning February 1, the


national office expects to raise $12,900 in North-


ern California, none of which will be spent here.


During the current fiscal year, the branch must


raise a budget of $41,000.


A third issue that is apt to arouse considerable


discussion at the conference is the promised report


of a special committee composed of representatives


of affiliates to study national office operations, to


examine the 28% national cost of membership


maintenance and promotion, to consider the ques-


tion of moving the national headquarters to Wash-


ington, D.C., to clarify the relationships and res-


ponsibilities between the national office and the


branches for membership recruiting, fund raising, .


legal work, research, education and publication,


etc. ,


MEMBERSHIP APPLICATION


American Civil Liberties Union of No. Cailif.,


503 Market St.


San Francisco 5, Calif.


1. Please enroll me as a member at dues of |.


$e Sees 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 $25 per month........ OR S$. per yr.


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


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