vol. 22, no. 6

- American

Civil Liberties i

Union

`San Francisco, California, June, 1957

Number 6

Volume XXII

Ex-Red Dropped

Dismissal of Federal charges of falsifying an application

for employment by denying past membership in a group ad-

vocating the violent overthrow of the government. because

the applicant had been a member of the Communist party,

were disclosed early last month.

The action came on the motion

of the U.S. Attorney in San Fran-

cisco on April 6, 1956, but it was:

not revealed until early last

month when the Clerk of the

U.S. District Court advised the

ACLU that it could pick up the

$1000 bail which it had posted in

the case. No notice of the dis-

missal had been given to Wayne

M. Collins, the ACLU's General

Counsel, who represented the de-

fendant.

Naturalized Citizen

Defendant in the case was Ra-

fael L. Baraona, 37, a printer,

who was indicted on October 28,

1948. He came to the United

States from Chile in 1943 and

married an American citizen. At

the time of his indictment, his

wife was expecting a child. Prior

to his indictment, he became a

naturalized citizen. During the

past five years or more he has

resided in Central America. His

exact address is not known to

the ACLU.

Early in 1947, Baraona severed

his connections with the Commu-

nist Party and took a job that.

_ would get him away from his old

`political associations. The job

was with the United States De-

partment of Agriculture, Bureau

of Animal Industry in Mexico

City. He inspected cattle, and,

because of his knowledge of

Spanish, his services were par-

`ticularly valuable. .

Upon applying for the job, Ba-

raona was required to fill out

Standard Form 57, which then

contained the following question:

Do you advocate or have you ever

advocated or are you now or have

you ever been a member of any

organization that advocates the

overthrow of the Government of

the United States by force or vio-

lence?" Baraona answered "No"

to this question, although he had

been a former member of the

Communist Party. f

Admitted Membership

Thereafter, during the course

of a loyalty check, Baraona ad-

mitted' past membership in the

Party. He made a very frank

statement that resulted not only

in his severance from the federal

payroll but also in his indictment.

Incidentally, he did not enjoy

permanent civil service status.

His job was merely on a year's

contract, and the question of re-

newal for another year had aris-

en at the time the disloyalty

charges were filed against him.

The indictment was part of At-

torney General Tom Clark's elec-

tion effort in the 1948 presiden-

tial election to convince the peo-

ple that the administration was a

foe of Communism. The matter

was handled directly from Wash-

ington. Assistant U.S. Attorney

James Palmer of Philadelphia

came to San Francisco especially

to handle the case.

No Intent to Deceive

Baraona contended that he had

given an honest answer to the

question in the application form

and that he had no intent to de-

ceive the Government. He

claimed he had no_ personal

knowledge that the Communist

Party advocated the violent over-

throw of the government and, at

that time, there were no U.S. Su-

preme Court cases which held

that the Communist Party did ad-

vocate violent overthrow of the

government. If Baraona had

been prosecuted and convicted he

would have been liable to ten

years in jail or $10,000 fine, or

both.

The case was handled by the

ACLU through its General Coun-

sel, Wayne M. Collins of San

Francisco.

e ;

In This Issue...

Another Religion In

The Schools Proposal .

Meiklejohn: The Art Of

Making People Think .. . Page 3

Pat Brown Sponsors

2-Hr. Detention Bill ....Page 4

Statement on Jury Trial

Amendment to Civil

Rights Legislation ..... Page 2

Court U pholds

Trial In Absentia

On April 30 the California Dis-

..Page 4

trict Court of Appeal in San

Francisco upheld the conviction

on misdemeanor drunk driving

charges of Hilbert E. Baird, Jr.,

who was tried in absentia. The

court held that Baird had waived

the right to be present at his

trial and to representation by

counsel.

A petition for a rehearing is

pending before the court. If the

petition is turned down an ap-

peal will be taken to the State

Supreme Court. Baird is being

represented by Lawrence Speiser,

ACLU Staff Counsel, and Attor-

ney Dennis L. Woodman of Red-

wood City. Baird is at liberty on

$1000 bail provided by the ACLU.

Baird Wrote Letter

On January 23, the day before

his scheduled trial, the District

Attorney received the following

letter from Baird: `In regards to

my trial of which is to take place

on January 24 in Redwood City

Court House, `on the charge of

Drunken Driving, I will not be

able to be there until a later date.

Due to business beyond my con-

trol I was called out of town. I

will get in touch with you when

I return. Hoping this to be satis-

factory Iremain: Sincerely yours,

/s/ Hilbert E. Baird, Jr." The

court nevertheless proceeded

with the trial and appointed the

law librarian to represent Baird.

A motion for a continuance to

-Continued on Page 2

En Garde, M. MacPhee

Campaign Secures

363 New Members

On May 23, the ACLU Spring

Membership Drive had reached

over 60% of its membership goal

of 600 new members and 47% of

its monetary goal of $5000. Exact-

ly 363 new members had contrib-

uted $2361.50. Since campaign re-

turns are still coming in, the final

campaign report will appear in

the July issue of the "News." "

Shining Stars

' Outstanding records have been

established in San Mateo and San

Jose. Under the leadership of

Emily Skolnik, San Mateo has re-

cruited 63 new members and re-

ceived $362. Its goals were 10

members and $75.

In San Jose, under Henry Ham-

mer's leadership, 27 new mem-

bers have signed up and $167.50

has been paid in dues. As in San

Mateo, the goals were 10 mem-

bers and $75.

Richmond and El Cerrito, un-

der the leadership of attorney

Joseph Landisman, have sur-

passed their goals of 10 new

members and $75 by securing 17

new members and $91.

Redwood City and San Carlos,

under Marion Lewenstein's lea-

dership, have achieved their goal

of 10 new members, but they are

$20 short of their monetary goal

of $75.

Hayward and Los Altos

Hayward and Los Altos have

also achieved their membership

goals but are short on their mone-

tary goals. Richard Elliott's team

in Hayward had a goal of 10 new

members and $75. It has gath-

ered 11 new members and $60.

In Los Altos, 'Ted Baer's team

had goals of 15 new members and

$112, They have recruited 15 new

tees and received $75 in

ues.

Academic Freedom

Award Established

An annual award for an out-

standing contribution to the pro-

motion of academic freedom, to

be known as the "Alexander

Meiklejohn Award for Academic

Freedom," has been established

through a gift to the American

Association of University Pro-

fessors by alumni and former fac-

ulty members of the Experimen-

tal College at Wisconsin Univer-

sity, which Dr. Meiklejohn found-

ed and directed. The award will

be bestowed each February to a

president or other administra-

tive officer, a member of a board

of trustees or a board group, of

an American college or univer-

sity. -

This is the first award to be

established in the area' of aca-

demic freedom, and. is further

unique in that it has been estab-

lished by the action of an alumni

group.

Un-American

_ Hearings in S. F..

On June 18

The House Committee on Un-American Activities is

scheduled to hold hearings in San Francisco on June 18. The

hearings will start at 9:30 a.m. in the Chambers of the Board

of Supervisors on the second floor of the City Hall.

Fifty Bay Area residents have reportedly been subpoened.

They include lawyers, doctors,

teachers, entertainers, architects,

artists, social workers, and

others. Thus far, the names of

six witnesses have been made

public. They are _ attorneys

George Andersen, Charles R.

Garry and Ewing Sibbett. The

others are actress Mara Alex-

ander; George Hitchcock, play-

wright and actor and artist Em-

my Lou Packard.

Anti-Leaflet Law

Enforced in

San Rafael

San Rafael police recently pre-

vented the distribution of labor

union leaflets on the strength of

a 1928 anti-leaflet ordinance. The

police stopped Business Repre-

sentative Henry Romiguiere of

the Cleaning and Dye House Work-

ers Local from handing out leaf-

lets inviting employees of the

Marin Drive-In Cleaners to at:

tend an informational meeting at

Painters Hall.

The meeting had been planned

in connection with the current

drive to organize the employees

of the particular establishment

and the firm and its representa-

tive, the California Association of

Employers, had agreed to distri-

bution of the leaflets to the em-

ployees.

It has also been reported that

police have restricted the distri-

bution of Democratic Party cam-

paign literature to the sidewalk

in front of its headquarters un-

less permission is received from

the owner of any other building

in front of which a distribution is

being made.

As a matter of fact, the ordi-

nance in question is directed at

advertising throwaways. What-

ever authority a community has

to regulate the distribution of

advertising leaflets and throw-

aways, it has no power to prohib-

it the distribution of leaflets in

non-advertising fields such as

politics, religion, union organiz-

ing, etc.

"Freedom to distribute infor-

mation to every citizen wherever

he desires to receive it," said the

U.S. Supreme Court some fifteen

years ago, "is so clearly vital to

the preservation of a free society

that, putting aside reasonable po-

lice and health regulations of

time and manner of distribution, _

- it must be fully preserved."

On May 7, the ACLU suggest-

ed to City Attorney A. E. Bag-

shaw that the Chief of Police

should be instructed to limit en-

forcement of the ordinance to

advertising throwaways. If no re-

sponse is received from Mr. Bag-

shaw the matter will be present-

ed to the San Rafael City Council.

Aphrodite Eez Veree Propair Lady

Aphrodite has been sprung,

full-blown from MacPhee's Dun-

geon, also known as durance

vile.

The lady, her customs, cos-

tumes and friends-as limned in

an 1898 novel by Pierre Louys

-aren't obscene, according to

headquarters of the obscenity-

conscious Customs Bureau.

Customs Collector Chester

MacPhee eagerly seized three

copies of the novel "Aphrodite"

in the original French when they

arrived here in a shipment to a

Berkeley bookseller.

WILLIAM F, CODY of Cody's -

Books protested to the Ameri-

can Civil Liberties Union. :

ACLU Dir. Ernest Besig asked

MacPhee if he or his assistants

read French.

MacPHEE harumphed: `The

initial detention was made on a

translation accomplished by a

translator in the Customs Mail

Division."

However, getting uneasy, a

further translation was made

after Besig's letter, he said. De-

spite their most conscientious

efforts, the result was: "We did

not agree unanimously that the

books were unquestionably ob-

scene."

SO, BEING a dutiful public

servant, he forwarded the copies

to the Customs Bureau in Wash-

ington, which yesterday inform-

ed MacPhee that Louys was not

a misprint for Lousy.

The three copies are to be re-

leased to Cody at once a directive

said.

The novel has been available

throughout the U.S. in paper-

back editions for several years

-in English. - Reprinted from

the San Francisco News.

ACLU Consulted

As this story is being written,

the ACLU has been consulted by

seven persons who have received

subpoenas. They include 3

teachers, 1 lawyer, 1 achitect,

1 social worker and 1 artist. Per-

mission will be requested of the

ACLU Board of Directors at its

June 6 meeting to represent any

subpoened witnesses who turn

to the ACLU for assistance. In

December 1953, the ACLU repre-

sented 8 "unfriendly" witnesses

before the Committee, and 4 wit-

nesses at the 1956 hearings.

The ACLU has always opposed

the hearings of the House Com-

mittee on Un-American Activi-

ties because it believes the Com-

mittee has no right to inquire

into the political opinions and

associations of citizens. The

Committee is obviously not en-

gaged in any proper legislative

purpose but is bent on trying

people by publicity and without

according to them any legal pro-

tections.

Representative Francis E. Wal-

ter, Democrat of Pennsylvania,

chairman of the committee, is

quoted as saying that the in-

quiry would be aimed at un-

masking the operations of profes-

sional men and women who are,

or have been actively affiliated

with Communism. The hearings

will focus on the extent of the

intellectual influence the Com-

munists have brought to bear on

"community life throughout the

area," Walter stated.

Scope of Hearings

Frank Tavenner, counsel for

the committee, is quoted as fol-

lows: "The scope of the contem-

plated hearings in San Francisco

will include all matters within

the jurisdiction of the Commun-

ists, with special reference to the

extent, character and objectives

of Communist Party activities

within the professions and pro-

paganda activities of a Commun- |

ist origin.

"The area covered by the in-

vestigation is not restricted to

the city of San Francisco."

The San Francisco Examiner

claims that among the witnesses

will be at least six physicians, 10

attorneys, four school teachers

and 10 former school teachers, a

number of architects, social

workers, musicians, newspaper-

-- men and artists, and members of

the little theatre and semi-pro-

fessional theatrical groups in the

-area,

Calling former Communists as

unfriendly witnesses can serve

no good. purpose, and certainly

ho proper legislative purpose.

These people though bitterly

anti-Communist will not name

names. Consequently, as punish-

ment, they will be exposed as

former Communists and possibly

suffer serious economic damage.

In short, the Committee is en-

gaged in a sadistic undertaking.

In evaluating the December 10

and 11, 1956 hearings of the

_ Committee, the ACLU declared

as follows: `What took place at

the recent San Francisco hear-.

ings of the Committee simply

confirms the previously express-

ed judgment of the American

Civil Liberties Union of North-

ern California that the House

Committee on Un-American Ac-

tivities should be abolished be-

cause it violates freedom of ex-

pression, tries people by public.

ity without affording them any

legal protections and is a sense-

less waste of the _ taxpayers'

money."

Statement on Jury Trial Amendment

To Civil Rights Legislation -

The American Civil Liberties Union believes that all

Americans are entitled to all the civil liberties guaranteed in

the Constitution, free speech and association, due process and

equality before the law. To advance equality before the law

for all Americans, particularly the Negro citizens of the South

who have been denied equal treatment, the ACLU is support-

ing federal legislation toward this objective-bi-partisan

legislation suggested by the Administration and backed by

influential leaders in the Democratic Party.

The key sections in this legislation authorize the Federal

government to seek by the civil remedy of injunction a more

effective protection of the right to vote and other constitu--

tional rights, against deprivation especially by state officials.

This is proposed `to insure more effective protection for

Negroes against intimidation, coercion and physical assault

which prevent their voting and enjoying other constitutional

rights. The need for this civil relief was pointed up by the

Attorney General, in his testimony of February 14, 1957, be-

fore the Senate Sub-committee on Constitutional Rights.

"Criminal prosecutions of course cannot be instituted

until after the harm actually has been done, yet no

amount of criminal punishment can rectify the harm

which the national interest suffers when citizens are il-

legally kept from the polls. Furthermore, criminal prose-

cutions are often unduly harsh in this particular field

where the violators may be respected local officials."

Civil rights legislation has been blocked for years by the

filibuster and other devices. This year it is being opposed

especially on the ground that persons who are charged with

contempt of a federal court injunction restraining interfer-

ence with the right to vote will not receive a trial by jury.

Opponents of the legislation correctly state that under present

law, although a person charged with criminal contempt is

generally entitled to a jury trial when the enjoined acts would

be a violation of the criminal law, he is not entitled to it in a

case where the United States has brought the action for in-

junction, as would happen under the proposed civil rights

legislation.

The right of trial by jury is rooted deep in our constitu-

tional guarantees, to prevent the power of government being

used as a weapon of oppression, among other purposes. The

American Civil Liberties Union has been a vigorous defender

of this right, even in some areas where it is not strictly re-

' quired constitutionally, because of our strong belief that the

abuse of criminal power can be limited by juries, which repre-

sent a cross-section of community sentiment rather than the

views of a single judge. This concern for the citizen's liberty

has made us apprehensive of broadening the power of federal

courts to prohibit criminal conduct under the threat of pun-

ishment for criminal contempt, as indicated in our February

27 statement on the Clinton, Tennessee, case. That case con-

cerned John Kasper and 16 other anti-integrationists who

were arrested for contempt of the court order enjoining them

from interfering with the Clinton school integration program.

The Constitution guarantees jury trial only in criminal

cases, and in civil suits involving more than twenty dollars;

there is no such guarantee in contempt cases. Until 1914,

Congress made no provision at all for jury trials in contempt

proceedings. Then, in the Clayton Act, it allowed jury trials

in contempt cases where the acts were also violations of fed-

eral or state criminal laws except, in order that the Federal

government might carry out its function and enforce the

laws of the land, in cases to which the United States is a party.

Another exception was made in 1932, when the Norris-La-

Guardia Anti-Injunction Act accorded labor unionists jury

trials when they were charged with contempt of court in-

junctions in strike situations.

The absence of a jury trial in suits brought by the gov-

ernment is not unusual. There are at least 28 other laws

_under which the U. S. is:authorized to seek injunctions, with-

out provision for jury trials; these include the anti-trust laws,

the Atomic Energy Act, the Fair Labor Standards Act, the

Securities and Exchange Act and acts affecting the Inter-State

Commerce Commission and Fair Trade Commission. More-

over, jury trials in contempt proceedings are not generally

required under the constitutions or laws of the States, includ-

ing the Southern States.

After full and careful study of the possible need for a

jury trial amendment to the proposed civil rights legislation,

we are convinced that the present jury trial argument is

chiefly a contrived obstruction to defeat the desperately-

needed civil rights legislation. So, we are vigorously opposed

to any amendment requiring a jury trial.

What are the reasons for the ACLU's opposition to the

jury amendment?

1. While there is always need to guard vigilantly against

the misuse of government power, including injunctions which

are too broad and restrain constitutional activity (as we have

recently argued is the case in the Clinton, Tennessee, injunc-

tion), there is also need to prevent weakening the power of

our courts to uphold the law of the land. The right of equal

treatment under law is fatally undermined when community

sentiment blocks the enforcement of law. The injunction is

an effective legal technique to protect constitutional rights.

As the Attorney General pointed out in his testimony, this -

method of protection would seek to prevent state officials.

from committing acts violative of a criminal statute. It is far

better for all concerned-including those officials-to enjoin

these acts before they are committed than to prosecute after

the harm has been done. The main point to be kept in mind

-Continued on Page 3

`tablished by the

While the three representatives.

Washington ACLU

De-Integrates

The Board of Directors of the

State of Washington Chapter of

the ACLU on April 30 terminat-

ed membership and financial in-

tegration with the national or-.

ganization. The chapter remains

a regular affiliate of the Union.

The Chapter said its decision

had been reached only "after the

most careful study and with ex-

treme reluctance." It complained

that the National "Board has uni-

laterally levied assessments

against the affiliates to the prej-

udice of their interests.

ean no longer afford the luxury

of endless negotiation and uncer-

tainty to which National policy

seems firmly committed. ...We

look forward to returning as a

fully integrated member of the

family at the moment when the

National Board is prepared to.

abide by mutual agreements."

National Disagrees

The national board said it dis-

agreed with the Washington

Chapter "on many points of fact

and inference, but we see noth-

ing to be gained by detailed pre-

sentation of our views now that

you have made your decision."

The Minnesota Branch of the

ACLU last March threatened to

discontinue operations for a year

unless it received at least 40%

of the income from its area on a

permanent basis instead of the

20% allotted by a Joint Finance

Committee controlled by the na-

tional office.

Under a plan adopted at the

last biennial conference of the

ACLU all "integrated" branches

except New York were to receive

60% of the income in their areas

by the 1958-1959 fiscal year. "The

abandonment of the level percen- -

tage goal of the Washington

Plan," said the Minnesota board,

"constitutes a breach of faith

with this affiliate, if with no

other." In the hope of ending an

"annual period of friction and

misapplied time and energy," the

board went on to say, "we ask

that this proposal for a perma-

nent arrangement with us, begin-

ning now, be adopted." Faced

with suspension of the work in

Minnesota the national office ca-

pitulated.

So. Calif. Plan

The Southern California Branch

is presently negotiating a special

membership and financial ar-

rangement with the national or-

ganization. under which it will

raise all the money in Southern

California and then send a per-

centage to the national office.

Under the original scheme, all

the money went to New York and

each year branches negotiated

separately for a return of some of

the money. Some branches = re-

ceived as little as 10%. The dis-

tribution. of the financial pie fi-

nally led to so much dissatisfac-

tion and bickering that the so-

called Washington Plan was

adopted in 1956 under which all

affiliates were to receive 60% of

the income from their areas be-

ginning next year. That plan has

apparently been abandoned by

the Joint Finance Committee es-

conference.

ofthe national office on this

committee are in common agree-

ment, the three persons repre-

senting the small, medium sized

and large affiliates respectively

do not have common problems

and do not see eye to eye. Asa

result, the Committee is con-

trolled by the national organiza-

- tion.

The ACLU of Northern Cali-

fornia saved itself many head-

aches by not joining the inte-

grated membership and financial

scheme controlled by the nation-

al organization. On the other

hand, it finds itself in competi-

tion with the national office for

membership contributions from

this area. During the fiscal year

ending January 31, the national

office raised over $13,000 in

Northern California.

quently, local members' send

their dues to the national office

by mistake because they don't

notice that an ACLU return en-

velope carries a New York ad-

dress. :

7. We:

Very fre-

_ Letters to the Editor

Editor: The Evening Chapter of

the Fellowship of Reconciliation .

of San Francisco, Calif., hereby

declares its considered opposition -

to the prosecution of Sylvia and

John Powell. Se

The members of this Fellow-

ship make no stipulation what-

ever as to the guilt or innocence

of the defendants. However, after

conscientious study of this case,

our feeling is that the point at

issue is one of civil rights, and

that the defendants did no more

than exercise that liberty of

speech and press that is guar-

anteed by the Bill of Rights of

the Constitution of the United

States.

It has seemed to some among

us, also, that some of the funda-

mentals of American jurispru-

dence-those dealing in spirit at

least with freedom of conscience

and of belief-are quite possibly

being violated by certain unfair

elements in the procedure against

these individuals.

Yours very sincerely,

Grace Ahlers

Corresponding Secretary

The Fellowship of

Reconciliation -

Evening Chapter

San Francisco, California.

Staff Cuts Caused

By Lack of Money

The ACLU of Northern Cali-

fornia on April 30 curtailed its

Education and Public Relations

program by releasing the direc-

tor of the project, Priscilla Gins-

berg, and her part-time secre-

tary. The action was taken be-

cause of financial reasons,

When the education director's

job was established on January

. 15, 1956 emphasis was placed on

the need for building up the

membership from 3300 to about

4500 in order to secure sufficient

income to pay the $10,000 addi-

tional cost of operation. Unfor-

tunately, there has been a net

increase of only a few hundred

members and the shortage in

income was only partly met by

the profits of special events and

increased contributions of mem-

bers.

Indeed, the deficit for the cur-

rent fiscal year will very likely

use up all of the Union's reserve

funds. Whether or not the pro-

ject will be revived at some fu-

ture time depends largely on

whether sufficient money can be

raised to finance the project.

This Month's

Legislative News

There were several outstand-

ing civil liberties developments

in the Legislature during the

past month besides those report-

ed elsewhere in this issue of the

"News."

Most important, the Senate

Labor Committee killed AB 2000,

the FEPC bill, by Assemblyman

Augustus Hawkins.

On the other side of the ledger,

the Assembly Education Commit-

tee stripped the Donnelly school

library censorship bill of its cen-

sorship provisions thereby leav-

ing the section requiring school

boards to adopt regulations for

the review and selection of libra-

ry books.

A bill to allow the use of ca-

meras, radio and television equip-

ment in court rooms when re-

quested by newspapers was re-

jected by the Senate Judiciary

Committee and referred to an

interim committee for study. The

measure, S.B. 748, was intro-

duced by Sen. Robert I. McCar-

thy (D) of San Francisco.

Assemblyman Louis Francis

(R) San Mateo recently intro-

duced AB 4158 to: prohibit the

sale and distribution of some

types. of comic books to minors

under eighteen years of age. The

measure is designed to outlaw

"drawings showing human blood

or bloodshed incident to crime or

violence." At this writing it has

not gotten out of committee in

the Assembly.

5

Page 2

Editor: Just read the February

"News" analysis of the un-

American committee shenanigans

and it was worth a year's sub and

membership-make it two for my

$10.

The Northern California staff

and board are, I consider, on the

same frontier of a new age in

human relations that we find our-

selves in here, on this side of the

world. It is important to me to

see you keep up the good work

in high gear in California. A bet-

ter Tanganyika without a better

home of the free and brave in the

U.S. is no victory at all. From

here on in human history it has

got to be both-and all over the

globe.

On the other hand concentrate |

my small contribution in North- |

ern California and skip the stuff

from national ACLU. I haven't

time to read duplicating reports

from both, and others who are

better loaded can put their mon-

ey to vitalize the larger field. I

tend to remember about the same

way Stan Brown does in his 4

January letter. National ACLU

and other chapters need some-

thing worse than a few shillings

saved and administrative integra-

tion. More centralization - No.

Affiliation and cooperation-yes.

Northern California can _ best

serve the wider Civil Liberties

cause by keeping its independent

example of how to do the job.

I don't know what,all they are

really doing, but I was pleased as

punch to see the Univ. of Cal.

junior committee come into be-

ing. I must say that in the 30's

and 40's ACLU was one of the

best extra-curricular sources of

wisdom and social engineering I

possibly could have wished for to

reinforce the tasks I now find

piling around me. Heartiest re-

gards, from our beloved elder

bishop down the line.

Anton Nelson.

Box 59 Usa River,

Meru Growers Co-op Society

Tanganyika, Afrika ;

Court Upholds

Trial in Absentia

Continued from Page 1-

allow counsel to acquaint himself

with the facts of the case was de-

nied. Baird was convicted:

"The evidence before the court

in our case," said the appellate

court, "showed that the defend-

ant deliberately and intentional-

ly, and without lawful or any

excuse, failed to secure an attor- -

ney as suggested to him by the

court, and to appear at the time

set for trial of which time he had

due notice. Defendant's letter to

the district attorney, its delightful

indefiniteness as to when, if ever,

defendant would contact the dis-

trict attorney, the lack of any ad-

dress, the inability of the district

attorney and police to get any

line on defendant's whereabouts,

plus his failure to appear, were

sufficient to justify the court in

determining that his failure to

appear was deliberate and that

defendant absented himself with

full knowledge that a trial was to

be had. Nor can the letter be

considered to be, as interpreted

by petitioners, a mere request for

a continuance of trial. It was a

definite statement. that defendant

did not intend to be tried on the

.date set, and whether or not he

would ever be tried was for de-

fendant to determine."

Rights Waived

"There was no denial of due

-process here, nor of defendant's

right to assistance of counsel, and

to be present at the trial. The

court gave defendant ample time

to get counsel.... As to the right

to be present at the trial, defend-

ant voluntarily refused to exer-

cise that right and_ thereby

waived it.

ACLU NEWS

June, 1957

Meiklejohn: The Art of

Making People Think

Editor's Note: Alexander Meiklejohn, now 85, who helped

found the Northern California branch of the ACLU in Sep-

tember, 1934, and who has been a member of its Board of

Directors ever since, was the guest of honor at an anni-

versary celebration by former. students and associates at

Annapolis last month.

On May 5, the New York

`Times Magazine carried an

article by Harold Taylor, presi-

dent of Sarah Lawrence College,

entitled, "Meiklejohn: The Art

of Making People Think." A

small portion of that article is

as follows:

Every great teacher has his

own style. John Dewey was

-great, not by the power of his

expression but by the rugged

nature of his thought. William

James was warm, eloquent, per-

suasive. Bertrand Russell is bril-

' liant, often arrogant.

Provokes Thought

Alexander Meiklejohn is keen,

clear and intellectually vigorous,

possessed of great personal

charm and sympathy. He cap-

tures the imagination and affec-

tion of his students, he provokes

his opponents into active

thought. 8

As a teacher, and he is a teach-

er all of the time, his way is to

force people to examine what

they are saying and what it is

they are thinking. Having done

this, he insists that the logic of

what one thinks be pursued

straight to the end, without

pause for qualification, with no

ifs, ands or buts.

' "His particular genius," says

John Gaus of Harvard, who went

from Amherst to Wisconsin with

Mr. Meiklejohn, "lies in... a

keen mind dedicated to the idea

that intelligence must record

itself into action. He believes

that you cannot act well unless

you think well, and that sheer

thinking has far more moral

effect than anyone suspects." -

Foe of Compromise -

"He is the foe of compromise,"

- says one of his Amherst students

from the Nineteen Twenties, `"be-

cause it smothers the issues

which he believes must be

brought out, clarified and set-

' tled on the basis of reason..."

Do you believe in free speech?

_ asks Mr. Meiklejohn. Then let

everyone speak freely, let every-

one teach what he knows or be-

lieves. There are no exceptions

-Communists, Socialists, Fasc-

ists, Democrats, Republicans, the

foolish, the wise, the dangerous,

the safe, those who wish to over-

throw the state, those who wish

to keep it as it is. There is no

reason to curb freedom of speech

in time of danger or in war.

Justice Holmes and the doctrine

of clear and present danger are

simply wrong. The time of dan-

ger is exactly the time to show

people that you mean what you

say. The First Amendment guar-

antees freedom of speech. Do

not tamper with it, just insist

Coast Guardsman's

Discharge Changed

An Undesirable Discharge

given to a young Coast Guards-

man has been changed by the

Coast Guard Discharge Review

Board to a General Discharge

Under Honorable Conditions. The

original discharge was the result

of his conviction in Honolulu of

having burglarized a_ cigarette

- stand in the federal post office

building of 20 packages of gum

and 5 cigars valued at $1.55.

At the trial, he plead guilty -

but was not informed that he had

the right to counsel. The case at-

tracted a good deal of attention

because the cigarette stand was.

owned by a blind man.

Although the discharge has

been changed, further appro-

priate steps will be taken by the

ACLU to determine what can be

done in order to clear the convic-

tion from the record. ;

ACLU NEWS

June, 1957

Page 3

on having it, all the time, for

everyone.

This is the center of Mr. Meik-

lejohn's political thought. In

his view, it must be the center of

the American political and soc-

ial structure.

First Amendment

The study of the meanings of

the First Amendment and the

defense of its doctrines have oc--

cupied Mr. Meiklejohn steadily

since he retired from active ad-

ministration in 1938. For - him

such study has become a sustain-

ed effort to develop a basis in

political philosophy for his edu-

cational ideas. His most recent

book on the topic, "Free Speech

and Its Relation to Self-Govern-

ment," his work for the Ameri-

can Civil Liberties Union and his

recent testimony before the Hen-

nings Committee are public ex-

pressions of a lifelong concern.

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The great teacher is one whose

students learn to think for them-

selves and to seek excellence.

The measure of a great teacher

does not lie in whether he be-

comes famous, or in whether his

students become famous, or even

whether his students become suc-

cessful. It lies in the qualities of

.mind and character sought by his

students after they leave him,

their capacity to accept the obli-

gation of principled thought and

action. |

Alexander Meiklejohn is a

great teacher who is honored by

the ideals sought by his students

in their lives and in their society.

The world of philosophy and the

world of education need his

kind-the man who thinks deep-

ly, who acts fearlessly, who' loves

mankind, and whose passion lies

in teaching people to think. So

does the world at large."

High Court to

Examine Army _

Security Discharges

The U. S. Supreme Court has

agreed to review the ACLU sup-

ported case of John H. Harmon

III, victim of the Army's security

program. Following a_ security

hearing, Harmon at first received

an "Undesirable Discharge,"

which was later modified to a

"General Discharge."

The charges against Harmon

included that his father and step-

mother were alleged to have

"subversive" associations; that

Harmon associated with Com-

munist sympathizers; that in

1949 he was employed by the

Detroit Urban League, "which

was reported to be a subversive

organization"; that in 1952 he

registered to vote in New York

City as a member of the Ameri-

can Labor Party; and that he

' solicited contributions of money

for persons under indictment for

violations of the Smith Act. |

The ACLU contends that an

inductee should receive the kind

of a discharge that reflects the

character of his military service

and not be based on associations

which he had prior to induction.

ACLU Criticizes

Beck Hearings

The ACLU charged last month

that the special Senate commit-

tee investigation of Dave Beck

has been marked by "lapses of

fair procedures . . . violative of

due process." The ACLU express-

ed approval of the Committee's

objectives, but said that its pro- "

cedures "may lessen its contri-

bution in the important field of

internal union democracy."

The ACLU cited as "lapses"

the "recall of Dave Beck as a wit-

ness following his federal indict-

ment for income tax evasion; and

Chairman McClellan's comment

following Beck's refusal to an-

swer questions about misuse of

Ex-Reds May

Practice Law

The American Civil Liberties

Union's effort in the: U. S. Su-

preme Court to prove that a man

cannot be denied a license to

practice law because of his Com-

munist past has been upheld.

In an unanimous 8-0 decision,

the high court ruled that the New

Mexico Board of Bar Examiners

had denied Rudolph Schware due

process when it.refused to let him

take the state bar examination

three years ago.

California Case

`In a companion case the Su-

preme Court also held, 5-3, that

the mere fact of membership in

the Communist Party would not

support an inference that a law-

yer did not have good moral char-

acter, and ordered the California

Committee of Bar Examiners to

consider again his application to

practice law. Justice Hugo Black

presented the court's opinions in

both cases.

The Schware case, which was

argued before the Supreme Court

by ACLU cooperating attorney

Herbert Monte Levy, concerned

the New Mexico Board's decision

that Schware should be denied a

license because he lacked "good

moral character." This was based

on his youthful membership in

the Communist Pary between 1934

and 1940; his use of aliases in the

same period to avoid racial and

religious discrimination when

seeking employment and doing

union work; and his "erroneous"

arrest on four occasions many

years ago without resulting prose-

cution, arraignment, or trial.

(The arrests concerned mainly

union organizing activities and re-

cruiting soldiers for the Republi-

can side in the Spanish Civil

War.)

The companion case decided by

the Supreme Court concerned

Raphael Konigsberg, who had

been refused certification to prac-

tice law by the California Bar be-

cause he had failed to prove that

he was of good moral character

and that he did not advocate over-

throw of the government by"un-

constitutional means. The basis

for determining his moral char-

acter was his refusal to answer

questions as to his past or present

"membership in the Communist

Party and the testimony of an

ex-Communist that he had attend-

ed party meetings in 1941. Ko-

nigsberg declined to answer on

the ground that such questions

were an intrusion into his politi-

cal beliefs and irrelevant.

Excellent Character

Asserting that none of the defi-

nitions of moral character pro-

posed in the case "equates un-

orthodox political beliefs or mem-

bership in lawful political par-

ties with bad moral character,"

the high court noted that 42 per-

sons who had known Konigsberg

in the past 20 years had testified

to his excellent character. These

included a Catholic priest, a Jew- 0x00B0

ish rabbi, lawyers, doctors, busi-

nessmen and social workers.

In its conclusion, the court held

that while states must be free to

select their own bars, they can-

not exercise power to impinge on

freedom of speech' and associa-

tion. ""A bar' composed of law-

yers of good character is a wor-

thy objective, but it is unneces-

sary to sacrifice vital freedoms

in order to obtain that goal. It is

also important to society and the

bar itself that lawyers be unin-

timidated-free to think, speak

and act as members of an inde-

pendent bar."

union funds, "I don't know any

word to describe it less than

theft." :

"These examples," said the

Union, "raise the disturbing ques-

tion of the committee's function-

ing as a judicial body whose pur-

- pose is to convict, rather than a

legislative body whose purpose

is to gain information to assist

in the framing of legislation. The

decision as to guilt is a criminal

matter to be determined in court,

where all the judicial safeguards

may apply in the course of a re-

gular criminal trial."

Statement on Jury Trial Amendment

To Civil Rights Legislation

_ Continued from Page 2-

is that the proposed legislation aims simply at providing more

effective enforcement of voting and other constitutional

rights for all citizens.

2. Supporters of jury trial amendments contend that to

grant power to the courts to restrain criminal conduct would

circumvent due process. However, before a person is en-

joined he is entitled to all the guarantees of a fair hearing,

with every opportunity to prove the invalidity of the appli-

cation for the order. He also has a full right to appeal to

higher courts, a check on arbitrary decisions. Even temporary

restraining orders are issued only if the government's affi-

davits show clearly that "an immediate and irreparable" loss

will be suffered, so that no notice can be given and a hearing

held. Then hearings on temporary restraining orders are

quickly scheduled; the orders are of minimal duration; pre-

liminary injunctions cannot be issued without notice and a.

hearing, which gives the defendants an opportunity to be

heard. Then, at the trial for a permanent injunction, the goy-

ernment has to present its case that there is a threat of ir-

reparable injury; the defendants are represented by counsel,

they may confront and cross-examine witnesses and present

information to show that the injunction is unwarranted. Fin-

ally, if the order is disobeyed, it must be established beyond

reasonable doubt that the disobedience was willful before a

person can be punished for criminal contempt. The act of

disobedience 1s an act of contempt of court, not an act violat-

ing a criminal statute, and it is penalized in order to maintain

the court's traditional and indispensable authority to uphold

the law-and the due process requirements provide a safe-

guard against the fear that federal judges will not administer -

Justice impartially, because of regarding violation of their

injunctions as a personal affront or because of Owing loyalty

to the national administration under thei i

the President. er appointment by .

3. A major argument advanced for the jury trial amend-

ment is the alleged discriminatory treatment of persons dis-

obeying an injunction to guarantee civil rights, as compared

with the treatment of labor unionists under the Norris-La-

Guardia Act. But the very purpose of the Norris-LaGuardia

Act was to support a congressional olicy, that workers should

be free to organize and bargain co ectively; it was passed for

the very reason that Judges had been going beyond the law.

As Senator Paul Douglas said, in a brief submitted to Con-

gress on the jury trial question on April 18:

___ In the decades prior to the 1982... courts would |

issue injunctions and use their contempt power indis-

criminately, not to prevent violations of law but to re-

vent labor organization and freedom of collective bar-

`gaining. Decades of such demonstrated hostility by the

courts to labor and its interests prompted Congress to

implement the growing national policy in the labor field -

by specifically curtailing the Federal injunctive power in

Many areas of labor litigation and -by providing that

juries, rather than judges determine wheth

-had been committed." , iether contempt

In short, the jury trials granted under the Norris-La-

Guardia Act were included to protect people against oppres-

Sive government. To grant jury trials in the civil rights legis-

lation would protect officials who are failing to do their duty

in protecting the constitutional rights of citizens, Moreover,

Congress subsequently limited the Norris-LaGuardia Act jury

trial provision by providing in the Taft-Hartley Act that such

provision would not be applicable to injunctions sought by

the U. S. under the new act. 2 :

_ The current Congressional proposals to strengthen our

civil rights laws are the least dramatic and most cautious

approach to the enforcement of basic constitutional rights.

Their purpose is not to punish, but to prevent infringement

of the right to vote. Jury trials in contempt cases growing out

of such legislation would give a privileged position to State

rapes who might defy federal judges upholding the law of

e land.

New York, May 22, 1957.

The Rights of All

The American Civil Liberties Union, now conducting a

membership and fund drive in this area, is a respected and

indispensable private advocate of traditional Constitutional

freedom. -

`The ACLU is best known for its court fights. It provides

legal counsel in cases involving civil rights issues. Sone of

its defenses have, in the very nature of things, been on behalf

of unpopular people and causes. But essentially the ACLU

defends the legal rights of all Americans in its actions. It is

respected by the bench and bar.

The ACLU defends freedom of speech, press, assemblage,

of fair trial and equality before the law for all.

For those who believe in these goals, support of the ACLU

is a practical contribution to their realization.

(Ed.'s note: reprinted from the ADVANCE-STAR AND

GREEN SHEET, Burlingame, Calif.)

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California,

503 Market Street, San Francisco 5, California, EXbrook 2:4692.

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG.. . Editor

Subscription Rates-One Dollar and Fifty Cents a Year

Fifteen Cents Per Copy

Pat Brown Sponsors

2-Hr. Detention

s The one and possibly only anti-

civil liberties bill that may be

adopted by the 1957 California -

Legislature is not; a" red-hunting |

`measure, `but what has - been

dubbed as an "Easy Arrest Bill,"

which allows police to detain any

person for two hours for investi-

gation. And, the real author of

this fantastic proposal is not a

so-called reactionary, but none

other than Attorney General Ed-

mund G. "Pat" Brown, who re-

gards himself as a defender of

civil liberties.

Detention Proposal

. Jn its present form the deten-

tion proposal of A. B. 1857 (in-

troduced by Assemblyman Pat-

rick D. McGee (R) of Los Ange-

les County) reads as follows:

(a) A peace officer may

stop any person whom he has

reasonable cause to believe 1s

committing, has committed OR

IS ABOUT TO COMMIT A

PUBLIC OFFENSE and may

demand of him his identity,

address, and the reasons for

his presence there. :

(b) Any person so questioned

who fails reasonably to identify

himself and explain his reasons

for being there for a lawful

purpose may be detained and

further questioned and investi-

gated. `

(c) The total period of de-

`tention provided for by this

section shall not ,exceed two

hours. The detention is not an

arrest and shall not be record-

ed as an arrest in any official

record. At the end of the de-~

tention the person so detained

shall be released or be arrested

for a public offense.

This sort of language opens the

door wide to allow ANY PER-

SON to be detained by the police

for two hours, because a "reason-

able" excuse can always be found |

for an officer to question a per-

son. The most common excuse 1S

that the person fits the descrip-

tion of someone for whom the po-

lice are searching.

Hitlerian Concept

The bill proceeds on the Hitle-

' rian concept that the freedom of

the individual may be sacrificed

to the security of the State. "Tf

the rights of society are para-

mount," says "Pat" Brown's mem-

orandum in support of the bill,

"and the duty of peace officers

is to protect society against the

individual, it would appear that

each individual has the legal duty

to assist. the police officer up to |

the point where a conflict might

arise between the rights of so-

ciety and the rights afforded the

individual against self-incrimina-

tion."

This last juicy morsel is of-

fered in support of another pro-

posal in the bill which allows po-

lice officers having reasonable

cause to "stop and question any

person in a reasonable manner

for the purpose of eliciting infor-

mation concerning public offens-

es that have been committed and

may inquire as to the identity of

such person, and it is the duty of

every person to give such infor-

mation to peace officers upon re-

Is the right

To be responsible.

AMERICAN

The first right of a citizen :

quest." .Moreover, if the officer

has reasonable .cause to believe

the person was present where an

offense was committed and he

then. refused to identify himself

to the: officer, the latter `may

take such person without unnec-

_essary delay before a magistrate

for identification." Of course,

that may mean holding the per-

'--son over night. The judge may

jail the person if he still refuses

to identify himself. e

Judicial Powers

Another proposal in the bill

confers judicial powers on the

police. In three situations they

may release a person without

bringing him before a magistrate.

Possibly the most important situ-

ation is where a person is alleged

to be intoxicated and "no further

proceedings are desirable." In

other words, police can pick up

any person on trumped up intox-

ication charges (as they do on

vagrancy charges today) and

then find it desirable to release

him. Or, if a prominent person

is arrested for intoxication he

can get special treatment under

- this proposal.

The bill is being peddled on

the theory that our arrest laws

are antiquated and must be

brought up to date by giving the

police more authority. Says "Pat"

Brown in a letter to the ACLU:

"T am supporting all of the pro-

visions of A. B. 1857 and will do

everything I can to see that it

passes."

Approved by Assembly

The bill was approved by the

Assembly on May 21 by a vote of

43 to 20 and is now pending be-

fore the Senate Judiciary Com-

mittee, of which Sen. Edwin J.

Regan of Weaverville is chair-

man. Among other members of

this committee

James A. Cobey of Merced, Fred

'S. Farr of Carmel and Richard

Richards of Los Angeles.

Assemblyman John O'Connell

(D) of San Francisco led the

fight against the bill in the As-

sembly. He argued that the de-

tention features could lead to

abuse.

The State Bar of California op-

- posed the detention sections of

the bill, and the Friends Commit-

tee on Legislation is also on rec-

ord against the measure. Letters

against the bill should be ad-

-dressed to Senator Regan, your

own senator and any member of

the Senate Judiciary Committee.

Many Other Objections

Besides the objections cited

above, there are many others too

numerous to examine. For ex-

ample, if an arrest is made on the

basis of a warrant, the officer

does not have to have the war-

rant with him and show it to the

person who is arrested. Also, it

gives police. broad powers of

search and seizure. A copy of

the bill can be secured from the

Legislative Bill Room, State Cap-

itol, Sacramento.

While much of this proposal is

of doubtful validity, if it is adopt-

ed it will require the ACLU to

spend much of its time with ar-

rest problems.

pauses a assneretnias sass

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_ .503 Market Street .

San Francisco, 5

are Senators

10

S. F. Customs

Translator

A slender, blue-eyed lady, just

barely turned 21, with a B.A.

degree in languages, political

science and history, reads and

makes "advisory" analysis on all

books, articles, pamphlets and

publications, written in Russian,

French or Spanish, to determine

those which are immoral, ob-

scene, or contain "foreign politi-

cal propaganda," which enter

San Francisco from abroad.

Miss Gayle Bennett, who is one

of the eight translators hired by

the U. S. Customs office that

confiscates roughly one out of

every 20 publications that enter

San Francisco, is a Phi Beta Kap-

pa from the University of Cali-

fornia in Berkeley, where she

has lived all her life.

Sincerity

That she approaches her task

sincerely is without question;

that she is aware of the respon-

sibilities imposed upon her, as

translator, to recommend what is

obscene or subversive, is equally

true. To help her meet this re-

sponsibility, says Miss Bennett,

she uses her judgment, her ex-

perience of life, her background,

her college degrees, and accept-

able standards of good American

living. :

This is Miss Bennett's first

job. She reads fluently, although

she has had no experience with

the languages overseas, nor has

she ever been out of this coun-

try. This is the first time she has

had an opportunity to use her

language skills professionally. -

How does Miss Bennett ap-

proach her task of separating

the clean from the unclean?

"First, if a book looks obscene,

. we begin translating. Just por-

tions of it. If it contains certain

words or has an immoral theme,

we do a more thorough scanning

of the book. We look at each

translation and each edition of

every book. Then I make an ad-

visory analysis. Then, if there is

a disagreement upon my analy-

sis, I may be asked to translate

additional portions, for the four

officials who will finally deter-

mine if a book is to be confis-

cated."

Reasonability

Continued Miss Bennett, "A

single copy is hardly ever ques-

tioned, unless we `have reason to

believe it will be reproduced. No

obscene classics are confiscated,

unless they are for commercial

purposes (resale). We simply do

our duty as good, liberal cus-

toms officials." "

Requirements for the post of

translator, said Mr. O'Reeilly, who

attended Miss Bennett during

the interview, are "total famil-

iarity with two languages-read-

ing and speaking-a minimum

age of 21, some experience in the

world, a fair degree of accuracy

and judgment, and fair powers

of analysis."

Though business is lively, said

Miss Bennett, neither she nor

her seven colleagues have ever

had to work overtime, "although

we were pretty busy around

Christmas time."

"The Time Is Now!"

"In my judgment," said for-

mer Sen. Herbert H. Lehman of

New York in a recent speech,

"all who believe in the cause of

freedom, all who know that when

the rights of individuals or

groups of individuals are violat-

ed, the rights of all are threat-

ened, must now mobilize their

supreme efforts for the struggle.

"The time is now. It is later

than you think. All who would

live in freedom and who would

struggle for it must come for-

ward now." :

And, may we add, now is the

time to join the ACLU!

Another Religion in

The Schools Proposal

By E. C. Vanderlaan

Although the public schools,

in their daily practice, inculcate

such ordinary virtues as honesty,

cooperation, consideration for

others, ete., many, it seems, will

not rest content until the schools

teach theology. AB 2130 (Miller,

San Fernando) now in the hands

of the Assembly Committee on

Education, would permit the ap-

pointment of an Interfaith Ad-

visory Board, to prepare and re-

commend teaching materials de-

signed to foster "moral, ethical

and spiritual values." Such ma-

_ terials are to be designed ex-

plicitly to (a) "develop in pupils

a greater recognition of God and

religion as factors in the western

culture; (b) develop in pupils a

desire to participate in the reli-

gious life of their' communities;

(c) implant and nourish in pu-

pils the moral virtues and spiri-

tual values sanctioned in our de-

mocratic society." Such materials

are to be only such as can be pre-

sented by recordings, moving pic-

tures, television, etc.; and no

teacher or other school person is

to make any comment on the |

matter so presented. For further

"safeguards" see below.

Theology

Observe that this is, not mere-

ly by implication but explicitly,

the introduction of theology into.

the public schools. Now it is true

that many citizens hold that.

moral values depend on religious

beliefs, and this is an interesting

subject for philosophical debate;

Senate Kills In

God We Trust Motto

The California Senate on April

9 killed AB 109 which would have

established In God We Trust as

the official motto of California.

The vote was 7 ayes to 20 noes.

The bill was introduced by As-

semblyman Frank G. Bonelli

(D) of Los Angeles county.

At the present time, Eureka (I

have found it) is the unofficial

motto of the State. It was adopt-

ed at the time of the discovery

of gold and appears on the State

seal.

The bill was sponsored by the

Knights of Columbus and op-

posed by former Governor Cul-

bert L. Olson on constitutional

grounds. The ACLU opposed the

bill because it discriminates

against those who do not believe

in God and because it violates

the principle of separation of

Church and State.

but to have the State, through

the schools, undertake to answer

this question for us in an unwel-

come novelty. The bill implies

that if the major religious faiths

find they are agreed on one.or

two doctrines, say God and im-

mortality, then the State may in

effect make these beliefs manda-

tory for everybody. But if today

the State officially endorses what

is common to the three faiths,

then tomorrow when one of these

faiths becomes dominant, the

State may endorse all the spe-

cial doctrines of that faith.

"Safeguards"

Now for the "safeguards."

First, on written request of par-

ent or guardian, a pupil may be

excused during the time when

such materials are presented.

Thus, in effect, parents who may

find the standard religious doc-

trines untenable or improbable

(a mot at all unusual position),

or who just do not want the

State meddling in questions of

religion, are invited to make

themselves and their children

conspicuous for their oddity-

which is apt to be torture for the

children. The hidden expectation

seems to be that few will stand

so firmly on intellectual princi-

ple, and so in practice nearly all

children will be indoctrinated

in the consensus of the three

faiths.

A further "safeguard." Pupils

so excused may, on request, be

permitted to leave the school to

receive instruction in the special

doctrines of their faith. This is

for those parents who fear that

their children will be taught an

inadequate theology, who do not

want their children to gather

two doctrines, God and immor-

tality, are enough. This is "re-

leased time" once more, and our

- objections to this practice are

probably known to our readers.

General Objection

The general objection to all

such legislation may be express-

ed in two ways:

1) Particular groups of the

population should not exploit the

public schools for the promulga-

tion of their special ideas, even

if, as is claimed, the particular

group represents 60% of the

population.

2) We cannot have the State,

through the schools, expounding

what is the permissible minimum

of religious belief.

Seek Repeal of Good

Friday Flag Rite

The San Francisco Board of

`Supervisors was asked last month

to repeal its resolution of April

8 declaring it to be the policy of

the City and County of San Fran-

cisco "that flags on all public

buildings and lands shall be

flown at half-mast on Good Fri-

day."

The request was made by the

American Civil Liberties Union

which noted "considerable oppo-

sition" to the action.

In a letter addressed to the

Board and to Mayor George.

Christopher, Ernest Besig, the

Union's local director, described

the resolution as violating Arti-

`ele IV, Sec. 30 of the California

Constitution which prohibits any

"City and County (from grant-

ing) anything to or in aid of any

religious sect, church, creed or

sectarian purpose."

The letter noted that the Su-

pervisor's resolution, however

laudable its motivation, ``aids one

religion and, inferentially, pre-

fers one religion over another."

"There are many residents. of

this county," the letter went on

to say, "who are either not mem-

bers of the Christian faith or who

have no religious faith. The res-

olution obviously discriminates

against them... . The resolution

ignores Mohammed, Moses, Bud-

dha, Confucius, Ingersoll, etc.,

and merely commemorates a

Christian religious holy- day,

Good Friday.

"But even if the resolution

were non-discriminatory as to re-

ligious faiths and those without

any religion, as required by the

California Constitution, it would

still not fulfill the test of the

First Amendment to the Federal

Constitution. The First Amend-

ment bars laws that `aid all reli-

gions.'"

The resolution was introduced

by Supervisor Henry R. Rolph at

the request of the Knights of Co-

lumbus, who were reported as

sponsoring a national program to

encourage a more reverent ob-

servance of Good Friday. The

resolution has also been attacked

as not being in good taste.

The Union's letter was referred

to the Buildings Committee of

which Supervisor Rolph is chair-

man. This committee meets at

the call of the chairman. As yet,

no hearing on the matter has

been scheduled.

ACLU NEWS

`June, 1957

Page 4