vol. 23, no. 6

American

Civil Liberties

Union

Volume XXIII

San Francisco, California, June, 1958

Number 6

Helen Gaha

las Speaks

ay, June 20

Fri ice

= "The Helen Gahagan Douglas meeting has been changed to

FRIDAY, JUNE 20. It will be held at the estate of Mr. and

Mrs. Roger Kent, 200 Woodland Road, Kent Woodlands, Ma-

rin County. The potluck dinner and cocktail bar will start at

6 p.m. Mrs. Douglas will speak at 8 p.m. Marin Chapter of

ACLU invites us and our friends

to attend both parts of the pro-

gram, or either part.

Each couple coming to eat at

the potluck dinner is requested

to bring a dish, according to the

following schedule: Last names

beginning with A thru C, dessert,

enough for 12 persons; D thru K,

salad, enough for 6 persons; L

thru Z, a hot dish, enough for 6

persons. Coffee and bread will be

provided. The Marin Chapter is

asking a donation of $1 per per-

son at the "door" to cover ex-

penses. The principal expense is

bringing Mrs. Douglas out from

New York.

How to Get There

The Kent Estate is a 25-minute

drive from the Golden Gate

Bridge. Drive to Kentfield Cor-

ners (Marin College). Then drive

south to Five Corners, the en-

trance to Kent Woodlands. ACLU

direction signs from there will

point the way to the Kent Estate.

Helen Gahagan Douglas will

speak on the subject, "What do

you think about things that you

think you think about?" This

topic covers civil liberty issues

"close to her heart." She was

Congresswoman for three terms,

serving on the House Committee

_on Foreign Affairs. She has served

as delegate to the United Nations

Assembly. She made a memor-

able race for the United States

Senate in 1950. She is renowned

as a star of stage, screen, concert

hall and opera. She is married to

`Melvyn Douglas, long-time mem-

ber of ACLU's National Commit-

tee.

Reservations Requested

This affair is Marin's fourth an-

nual potluck and welcome-to-new-

members. It is postponed to June

20th this year to assure us of

balmy evening weather. Thecom-

mittee in charge will appreciate

advance word from you that you

are coming-and how many are

you bringing? Please mail your

advance $1 donations to ACLU-

Marin, 253 Cascade Drive, Fair-

fax, or phone DUnlap 8- 3240, How-

ever, you will be welcome, even

if you are not able to give Marin

advance notice.

The committee in charge con-

sists of Sali Lieberman, chairman,

Naomi Kirschner, Elaine Gut.

stadt, Jim Chestnut and Milen

Dempster.

Corte Madera

Zones Against

Political Signs

Attorney Sam Gardiner of San

Rafael, a political representative

of Attorney General Edmund G.

(Pat) Brown, complained last

month that the zoning ordinance

of Corte Madera forbids political

advertising of any kind.

Corte Madera's new zoning or-

dinance was adopted last March

31 and has not yet been printed.

The City Planning Commission's

office suggested, however, that

the prohibition extends only to

residential zones and not to busi-

ness areas. At the same time,

some exceptions are reportedly

allowed in residential areas, in-

cluding real estate signs pertain-

ing to the sale or rental of prop-

erty on which they are displayed.

HELEN GAHAGAN DOUGLAS

Army Bars Man -

For Associations

At Age 13 to 16

Membership in American Youth

for Democracy while a Junior

High School student has resulted

in the exclusion of a married, 24-

year-old San Francisco State Col-

lege student from the Army as a

security risk.

The draftee admitted that he

had been a member of AYD from

the age of 13 until he was about

16 years of age. The chapter he

belonged to in Hollywood spent

little or no time on political mat-

ters (at that age they wouldn't

have been very interested), but

trained the members in the pro-

duction of dramas. When the

draftee left Los Angeles to re-

side in a Northern California com-

munity he was referred to a num-

ber of young people in that com-

munity and some effort was made

to organize a branch of the Labor:

Youth League, but after a few

meetings the effort failed. There-

after, he had no association with

left-wing groups.

When he reported to the Army

and was asked to fill out a loy-

alty form, he declined to do so

on the advice of counsel. Subse-

quently, when C.I.C, investigators

_ requested him to fill out the same

loyalty form and a "Statement of

Personal History" he again de-

clined to do so, on the advice of

counsel.

At a hearing held before an

Army security board at the Pre-

sidio of San Francisco last Octo-

ber 1, at which he was represent-

ed. by the ACLU, the draftee was

again asked to fill out the forms.

One of the forms required the

draftee to list the names of any

associates he had in AYD. Appar-

ently, the draftee would have been

acceptable to the Army if he had

been willing to serve as an in-

former on other Junior High

School members of the AYD.

The ACLU contends that the

draftee is not a security risk de-

spite his past membership in

AYD, and his refusal to inform

on Junior High School students.

An appeal is now pending. The

worst thing that can happen to

the draftee is that, he won't be

allowed to serve in the Ary, for

two years.

Librarian's

Security Ouster

Appealed

On May 23 the ACLU filed its

' opening brief with the California

District Court of Appeal seeking

the reinstatement of Rebecca

Wolstenholme to her former job

as senior librarian with the city

of Oakland.

_ Mrs. Wolstenholme, who has

served Oakland as a librarian for

some five years, was dismissed in

November of 1954 allegedly on

the ground that she was guilty of

misconduct and insubordination

when she refused to answer cer-

tain questions put to her by the

Oakland Library Board in the

course of a "loyalty" hearing.

Questions Ignored Law

Each of the questions concerned

Communist membership or "asso-

ciation" prior to September 10,

1948. Since the State law, the

Luckel Act, at the time in ques-

tion, authorized questions relat-

ing to communism only back as

far as September 10, 1958, the

ACLU filed suit in the Superior

Court of Alameda County on be-

half of Mrs. Wolstenholme, charg-

ing that she had been illegally

discharged in violation of the

Luckel Act.

Judge Cecil Mosbacher ruled

that the discharge was proper,

not only under the Luckel Act,

but also under Oakland Charter

provisions.

Luckel Act Controls

On appeal, the ACLU is argu-

ing that the State law on loyalty

interrogations,

the Luckel Act (which has since

been amended to refer back to

a 1945 cut-off date) controis this

entire area-as does the Levering

Act the area of loyalty oaths-to

the exclusion of different local

standards of "loyalty," and that

the Superior Court was therefore

in error in holding that the ques-

tions going beyond 1948 were

valid under the Oakland Charter.

Since the Luckel Act require-

ments were satisfied, the ACLU

brief continues, Mrs. Wolsten-

holme's discharge was arbitrary

and discriminatory, violating the

due process and equal protection

clauses of the Constitution and

likewise infringing the freedom

of speech and association clauses

of the First Amendment.

as embodied in

Armed Services

Four `Security

Risks Receive

lon. Discharges

Four ik security risks received honorable discharges

from the Armed Services last month. In two instances, the

honorable discharges replaced `Undesirable' discharges

issued by the Army and Air Force respectively, while in a

third case, an honorable discharge was substituted for a

in This Issue...

Can a Free Society Survive,

Asks Hutchins ........ p.2

Four Key Cases Define

U. S. Citizenship ...... "p.4

Navy Won'`t Tell Why

it Banned Ekstrand ....p.3

-1958 Membership Drive

Goes Over the Top ..... p. 3

Picture of Rt. Rev.

Edward L. Parsons ..... p.3

Subpoena Power Abused

in Eaton Case... . p.2

Teacher Oath in 31 States . .p.

ww

Davis Will Repeal

Political Sign

Ordinance

The Davis City Council, on the

recommendation of its City Attor-

ney, has agreed to repeal that por-

tion of an ordinance which pro-

hibits political and religious signs

on vehicles. Hereafter, the ordi-

nance will be limited to commer-

cial advertising.

The ordinance was challenged

on constitutional grounds by Prof.

Donald M. Reynolds, who com-

plained to the council that he was

halted by police because he ,was

driving' a car carrying signs urg-

ing the election of Mrs. Kathleen

Green to the City Council. Prof.

Clyde E. Jacobs supported Rey-

nolds in contending that the ordi-

nance abridged the freedoms of

speech and press. Mrs. Green,

who was elected to the Council,

joined in submitting the matter

to the City es HOrey. for an opin-

ion.

In the meantime, Mrs. William

F, Knowland and her daughters,

campaigning in behalf of her hus-

band's candidacy for Governor,

had to by-pass Davis because of

the political signs on her cam-

_paign vehicle.

Cops Harass "Beat Generation"

"General" discharge. In the

fourth case, the Army finally

came up with an honorable dis-

charge in the case of a man who

had been separated last Septem-

ber with the character of his dis-

charge "to be determined." A

hearing in the last case was held

last December 3. While the deci-

sion as to retention in the Un-

organized Reserve was _adverse,

an honorable discharge was rec-

ommended. The inductees were

all represented by the ACLU of

Northern California.

Harmon Decision Applied

In all four cases, the inductees

had been charged with being se-

curity risks because of past opin-

ions and/or associations. Conse-

quently, the U.S. Supreme Court's |

recent decision in the Harmon

and Abromowitch cases applied.

In those cases the court declared

that "the type of discharge to be

issued is to be determined solely

by the soldier's military record

in the Army."

Communist Sympathies

In the Air Force case, the in-

ductee was not charged with

membership in any alleged sub-

versive organization. It was mere-

ly claimed that he had "made

statements which revealed your

Communist sympathies and your

desire to further the programs

and policies of the Communist

Party and the world Communist

movement." The inductees was

also charged with close associa-

tion with his parents who had ap-

parently been `members of the

Communist Party a dozen years

ago. |

Chinese Youth League

The second case involved an

inductee who was charged with

having been a member of the

Chinese-American Youth League,

a group not on the Attorney Gen-

eral's list, of having a sister-in-

law who was an avowed Commu-

nist, of having a wife who made

unspecified statements which in-

dicated sympathy for Commun-

ism, and with himself having

made such statements, also un-

specified. In January 1954 when

(Continued on Page 4)

Artist Arrested for Failing to `Move On'

When bearded Stanley Weitzer,

26, refused to obey the order of

San Francisco police to "move

on" while talking with three other

persons (not counting a baby) at

the corner of Grant and Green

streets, on May 22 at 11:20 p.m,

he was arrested and charged with

violating a local ordinance de-

signed to secure free passage of

streets and sidewalks. He will be

tried before Municipal Judge

Clayton Horn on June 4,

Four's A Crowd

Officers O'Rourke and Dickenson

informed Weitzer and his compan-

ions before arresting him that no.

more than three people may con-

gregate at one place on the street

after 8 o'clock. O'Rourke is quot-

ed as saying, "You're not allowed

to stand -and talk; you have to

walk and talk."

Weitzer, an artist, had just at-

tended a poetry reading session

at the Tea Room and Coffee Gal-

lery, one of San Francisco's noted

gathering places for Bohemians

and the curious. He walked across

the street to invite S. F. State Col-

lege student Lewis Gardner and

his wife and Judith Brier to his

apartment at 1750 Pine Street and

was conversing with them when

Officers O'Rourke and Dickenson

came along and insisted that they

move on.

Only One Is Chosen

Weitzer more or less served as

spokesman for the group. He said

he didn't see why they were re-

quired to move on since they

weren't doing anything, and since

they weren't bothering other peo-

ple. However,-in order to ap-

pease the officers they moved to

the corner of Grant and Green

streets, where they had been less

than a minute when the officers

again accosted them. "Are you

going to move?" asked one of the

cops. When Weitzer answered

"No," he was placed in the "pad-

dy wagon" that was cruising near-

by. The Gardners (she was car-

rying a baby) apparently were

also invited to ride to the station

and Judith Brier went along un-

invited. Ultimately, however,

only Weitzer was booked. After

being mugged and fingerprinted,

he was released at 3:30 a.m, on

$100 bail provided by Everett

`Hill, a friend of Weitzer's who

witnessed the incident.

- "Move On" Ordinance

Weitzer and his friends claim

they hadn't blocked either the

street or the sidewalk and that no.

crowd assembled until the curious

were attracted by the police activ-

ity. Nevertheless, Weitzer is

charged with violating Sec. 157 of

the Municipal Police Code, which

provides that, `""Whenever the free

passage of any street or sidewalk

shall be obstructed by a crowd, ex-

cept on occasion of public meeting,

the persons composing such crowd

shall disperse or move on `when

directed so to do by any police

officer." Weitzer will be repre-

sented by ACLU Staff Counsel

Albert M. Bendich.

Senseless Campaign

Weitzer's arrest is just part of

Chief Ahern's senseless cam-

paign against the "beat genera-

tion" and the curious who congre-

gate at the Co-Existence Begel

Shop, the Tea Room and Coffee

Gallery and The Place on Grant

Avenue in San Francisco's color-

ful North Beach area. Uniformed

police officers inspect these es-

tablishments four and five times

in an evening, and the "paddy -

wagon" is always handy to pick

up an occasional drunk and al-

leged "vags." (None of these

places serve hard liquor.)

We are happy to report that

Officers O'Rourke and Dickenson

were said to be courteous but in-

sistent. It isn't often that the

News has occasion to report

praise of San Francisco police of-

ficers for their courtesy.

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

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. John Henry Merryman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

SECRETARY-TREASURER: William M. Roth

HONORARY TREASURER: Joseph M. Thompson

HONORARY MEMBER: Sara Bard Field

EXECUTIVE DIRECTOR: Ernest Besig

Philip Adams

Theodore Baer

Prof. James R. Caldwell

William K. Coblentz

Richard De Lancie

Rabbi Alvin |. Fine

John M. Fowle

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

Alice G. Heyneman

Mrs. Paul Holmer

J. Richard Johnston

Prof. Van D. Kennedy

Prof. Theodore J. Kreps

Rev. F. Danford Lion

Seaton W. Manning

Rev. Robert W. Moon

Lloyd L. Morain}

Rt. Rev. Edward L. Parsons

Clarence E. Rust

Mrs. Alec Skolnick

Fred H. Smith, |V

Theodosia B. Stewart

Stephen Thiermann

Franklin H. Williams

GENERAL COUNSEL

Wayne M. Collins

STAFF COUNSEL

Albert M. Bendich

f @ 8

Defender of Liberties

Here's.a quotation from a newspaper editorial:

"The American Civil Liberties Union is worthy of the sup-

port of all freedom loving citizens in its current drive for new

members and funds to continue its defense of American Lib-

erties."

Who said that? The Daily Worker? Some "left-wing" pub-

lication, or one with liberal tendencies?

Not on your life. It's from the San Francisco Examiner,

bastion of the conservative Hearst newspaper empire.

-Which ought to dispel again, because it needs dispelling

every now and then, the notion that the American Civil Lib-

erties Union is some sort of left-wing outfit which is a danger

to our country. The notion arises partly through confusion of

names; the Communists are handy at adopting "Civil Rights"

and other good phrases into names of front.organizations. It

arises partly because of the character of some of the people

the ACLU undertakes to defend. Some of them are a repul-

sive lot. -

But the fact remains that the ACLU for many years has

been the "public defender' of American individual liberties.

It is not concerned with whether Joe Defendant is a nice guy

or a fellow with goofy political ideas; it is concerned with

whether Joe is getting the treatment guaranteed everyone,

crackpot or conformist, by the bill of rights. -

The ACLU undertakes the defense of Communists if their

civil liberties are infringed on-though it will not stand for

Communist infiltration into its ranks. It defends Americans

who run afoul of questionable, arbitrary and unconstitutional

"security" hearings.

But the ACLU also has recently defended the civil rights

of others as unpopular as Communist sympathizers-the anti-

Semitic, anti-Negro, extreme right wing kind of Christian

Nationalist Crusaders who are first cousins to the Ku Klux

Klan. And the Civil Liberties Union was in there fighting for

our Japanese-Americans during World War II, long before

the Supreme Court decided, when the hysteria had died down,

that these Americans had been deprived of their rights.

Organizations like that, in short, are the kind of organiza-

tions that keep this country strong-the groups to which

President Eisenhower referred as "the distinguished private

agencies which are doing so much to guard civil rights and to

advance human rights in our nation. Their achievements

over the recent decades have helped to translate into reality

our religious and democratic ideals."

The Northern California branch of the American Civil

Liberties Union has 3,764 members, the third largest in the

country. It does fine work. It could do finer work for Ameri-

can ideals if it had more members.

Ernest Besig, the distinguished director of the Northern

California Chapter, is going to be in Watsonville Thursday

from 5 to 6. If you'd like to know more about this estimable

organization, you're welcome to drop in and have a cup of

coffee and a word with Mr. Besig at 634 East Fifth Street. He

is worth meeting -Editorial, Watsonville Register-Pajaron-

ian, April 23, 1958.

ACLU Fights for Civil Rights

Marin Chapter of the American Civil Liberties Union has

under way its annual membership drive.

The ACLU was organized for one reason and one reason

only, to protect the civil rights of the individual.

Now we often can't understand how or why the ACLU

selects the cases it chooses to champion. We often feel that

causes it might battle for are overlooked, while some we fail

to understand are bitterly fought. But no organization has

enough time nor funds to do everything it would like to do.

Misunderstanding, however, is one of the ACLU's prob-

lems. It sometimes finds itself defending individuals or con-

cepts in which it does not believe, but whom it believes are

not benefitting from their constitutional rights.

We need such fighters for the right. And they need the

support of the public to carry on their work.-Editorial, San

Rafael Independent-Journal, April 29, 1958.

Hearing Due in

Puzzling AEC

Security Case

A former U.C.L.A. student will

have an A.E.C. security hearing

on June 10 in one of the most

puzzling loyalty and_ security

cases that the ACLU of Northern

California has handled during

the past eleven years. The man

' is now employed by the Radia-

tion Laboratory at the University

of California and is also taking

his doctorate at the University.

The Charges

The following two charges have

been made against him:

"(a) You were identified as

posting a sign at the Cooperative

House at 500 Landfair Avenue,

Los Angeles, California, on Au-

gust 17, 1952, advertising a meet-

_.ing of the Labor Youth League

which was to be held that eve-

ning.

"(b) You were observed in

`attendance at the Labor Youth

League meeting on August 17,

1952. You addressed the meeting

after the guest speaker, and

appeared to officially end the

meeting."

Reliable Informant

On two occasions, A.E.C. secu-

rity officers interviewed the man

about the foregoing matters and

on each occasion he denied any.

association whatsoever with the

Labor Youth League. Neverthe-

less, the A.E.C. claims it has a

"reliable informant' who sup-

ports the charges, and it says

"it is intended that the informant

appear and that counsel for

Mr. X be afforded opportunity

for comprehensive cross-exami-

nation." It is hoped that the

A.E.C.'s intentions will material-

ize and that the "reliable inform-

ant" will present himself for

cross-examination. The ACLU

will be surprised if he puts in an

appearance.

It seems rather strange that

the only charge against the man

is based on the August 17, 1952

Labor Youth League meeting.

Certainly, if he had the audacity

to make a public association with

the group on that occasion his

associates during that period

would know of his radical incli-

nations.

Support from Associates

On the contrary, the score or

more persons who associated

with the man in August of 1952

and who have thus far submitted

affidavits in his behalf deny that

he ever indicated any interest in

the Labor Youth League and a

few recall that he made state-

ments against it. In fact, he had

the reputation of having only a

mild interest in politics at the

time of the presidential election

and of being so timid and shy

that it seemed unlikely that he

would address a meeting.

Subpoena

The American Civil Liberties

Union has criticized the subpoe-

naing of industrialist Cyrus

Eaton by the House Un-Ameri-

can Activities Committee as a

"clear-cut demonstration of the

Committee's power to coerce

American citizens and penalize

them for expressing their opin-

ions on controversial issues."

Criticized FBI -

Eaton was called to testify fol-

lowing his statement in a recent

television interview criticizing

the Federal Bureau of Investiga-

tion.

In a public comment on the

House Comnimittee's action, the

ACLU said "such harassment can

only intimidate other Americans

who wish to express their opin-

ions on controversial issues."

ABC Pressured

The ACLU also scored the

Committee for using its power

to require the American Broad-

casting Company to grant it time

to reply to the Eaton statement.

The full text of the ACLU

statement follows:

Can a Free

ciety Survive,

sks Hutchins

"The principal reason why civil liberties as traditionally

defined and defended do not interest the American is that

they are inadequate to express the true dimensions of the

problem of freedom and justice today," Robert M. Hutchins,

President of the Fund for the Republic, declared recently in

problem,"

"want to be free .

_ Hutchins declared,

a talk at the tenth annual con-

ference of the National Civil

Liberties Clearing House in

Washington.

Dimensions of Problem

"The true dimensions of the

Mr. Hutchins indi-

cated, can be measured by com-

paring the institutions of society

as they were when the `Bill of

Rights was written and as they

are today. "The Bill of Rights,"

he pointed out, "was designed to

protect the citizen against the

government, against the organ-

ized majority. But government is

not what it was in the pre-

industrial age, or even in the

industrial age before the world

was polarized. The bureaucratic

society is one in which the citizen

is remote from the center of

power and largely helpless in

dealing with it. .. . Since the

adoption of the Constitution, cen-

ters of private power have sprung

up that are as bureaucratized as

the government and that are as

influential, perhaps even more

influential, in the lives of the

citizens. A. A. Berle, Jr., has

raised the question whether the

pension trusts that have crept up

on us unaware may not turn out

to be a menace to economic free-

dom. Clark Kerr has asked how

the union member, who was

to obtain freedom and justice

through the union, may now ob-

tain freedom and justice in it.

Tendency of System

"The remorseless tendency of

the industrial system, in which

everything depends on smooth

cooperation within large groups,

appears to be to produce men

who are not free in any real

sense, and who may not even

- the fact 41s

that social actions affecting free-

dom and justice have so far out-

run social thought about them

that those who would do some-

thing about freedom and justice

are compelled to try to bring

thought about them up to date."

At one point in his talk, Mr.

"T `think it

fair to say that the American is

seldom much interested in free-

dom and justice for other people,

including other Americans. The

Bill of Rights often appears to

concern only those who find that

they can make some personal use

On its

Power Abused in

The supoenaing of Cyrus Eaton

by the House Un-American Ac-

tivities Committee is a clear-cut

demonstration of the Commit-

tee's power to coerce American

citizens and penalize them for

expressing their opinions on con-

troversial issues. The subpoena is

a violation of freedom of expres-

sion and deserves the condemna-

`tion of Americans who value the

First Amendment protection of

free speech.

First Amendment Defied

The Committee's defiance of

the First Amendment is clear.

Obviously if Mr. Eaton had not

eviticized the activities of the

Federal Bureau of Investigation

in a recent television interview,

he would not have' been ordered

to testify; nor is the subject of

his remarks pertinent to the

Committee's investigations. Such

harassment can only intimidate

other Americans who wish to

express their opinions on contro-

versial issues.

The Committee's latest action

only points up the need for a

clear and firm ruling by the Su-

Communications Industry

"Editors, publishers and broad-

casters are interested in the First

Amendment because under this

banner they may be able to ex-

tort more news from the Defense

Department and send reporters

to China. I sympathize with these

ambitions, but I cannot fail to

note that with some honorable

exceptions editors, publishers,

and broadcasters have not been

much interested in other amend-

ments, or even in those parts of

the First Amendment which do

not mention them. They have cus-

tomarily condemned those who

plead the Fifth Amendment and

have deprecated the suggestion

that a fair trial might require

the elimination of cameras from

the courtroom.

Jehovah's Witnesses

"Eecentric sects like Jehovah's

Witnesses are interested in the

freedom of religion, but they are

not much interested in the free-

dom of the press or any of the

rest of the Bill of Rights.

"Communists and other people

likely to be investigated by Con-

gress are interested in the Fifth

Amendment, but not in the free-

dom of the press, or freedom of

religion, or any other amend-

ment. eo

Interest of Criminals

"Criminals are interested in

the Sixth Amendment, but not

in the freedom of the press, or

freedom of religion, or any other

amendment. They are not even

much interested in the Fifth.

They know that when the object

of the prosecution is to send a

man to jail, rather than to black-

en his reputation, it will not

attempt to prove its case by the

silence of the defendant, but by

outside evidence.

"Extreme states' righters are in-

terested in the Tenth Amend-

ment, but not in the First, Fifth

or Sixth. :

Apathy

"People who are not or who

do not expect to be publishers,

members of eccentric sects, com-

munists, criminals or extreme

states' righters are not likely to

be much interested in civil liber-

ties. In fact, doubt has been ex-

pressed in the highest quarters as

to whether the Bill of Rights

could be adopted today."

Eaton Case

preme Court that the Commit-

tee's mandate is unconstitutional,

so that the abuses which have

marked its career will be ended.

Violation Compounded

The civil liberties violation in

the Eaton case is compounded by

the Committee's use of its power

to require a major broadcasting

network to give it time to defend

the FBI. Nothing in the Commit-

tee's mandate authorizes such a

step. Public hearings and printed

reports are the recognized tech-

niques for Congressional bodies

to inform the public of its views,

and Congressmen, in their indi-

vidual capacities, also can use

public forums to address the pub-

lic. But this is far different than

a Committee, through its counsel,

attacking a citizen's expression

of opinion on the air. The forum

for this attack and the attending

publicity can only add to the

basic harassment which is the

central question in the Eaton

case. :

ACLU NEWS

June, 1958

Page 2

Security Risk

Navy Won't

Tell Why It

Barred Ekstrand

The Navy last month refused to disclose the reasons why

John J. Ekstrand was removed from the S.S. President

Arthur as a security risk in San Francisco last January 18. It

also declined to give Ekstrand a hearing at which he might

answer any allegations against him. During the 16 years

Ekstrand has been sailing his

security qualifications had never

previously been questioned and

he holds a "validated seaman's

document" from the Coast Guard.

Voyage Started In N. Y.

Ekstrand signed on the Presi-

dent Arthur in New York last

December 30 for a voyage that

was expected to last until March

12. When the vessel arrived in

San Francisco, Ekstrand and two

other seamen were ordered re-

moved by Capt. E. G. Claudius,

Chief of Staff of the Military Sea

Transportation Service in the

Pacific area. Ekstrand was paid

for the period that he shipped

and also received travel expenses

to New York. The American

President Line said it didn't

know why Ekstrand had been or-

dered removed by the Navy.

Commander Has Authority

Richard Jackson, Assistant Sec-

eretary of the Navy, made the fol-

lowing explanation of the situa-

tion: "I am advised that the deci-

sion to put cargo for the Eniwe-

tok Proving Ground aboard the

SS PRESIDENT ARTHUR was

not made until after the vessel

had left New York with a crew

signed on for a voyage to Guam.

Consequently, it was impossible

to determine the suitability of

erew members for admissability

to that sensitive area prior to

their signing the shipping ar-

ticles. Because of the time re-

quired to obtain the crew list

from the shipping company and

to process it, it was not until 16

January 1958 that the Navy was

able to advise the American

President Lines that Ekstrand

and two other crew members

could not be approved for entry

to the Eniwetok Proving Ground.

The Eniwetok Atoll is a nuclear

proving ground for extremely

sensitive activities and the mili-

tary authority which is assigned

the overall responsibility for the

Atoll issues requirements for ac-

cess to the area. Access to the

area may be denied on the basis

of the responsibility of the Com-

manding Officer and the ground

of authority commensurate with

such responsibility which is given

to him by Navy Regulations.

Navy Regulations are issued in

accordance with the statutes of

the United States, by the Secre-

tary of the Navy, and are ap-

proved by the President for the

government of all persons in the

Naval Establishment."

Clearance Not Binding

Mr Jackson noted that Ek-

strand had a security clearance

under the Coast Guard Screening

Program. He suggested, however,

that the suitability problem was

not the same as at a military in-

stallation and that, in any case,

the decisions of the Coast Guard

are not binding on the Navy

Commander at the Eniwetok

Proving Ground.

"In your letter of 20 January,"

Mr. Jackson went on to say, "you

indicated that Mr. Ekstrand had

expressed a willingness to appear

before authorities in the Military

Sea Transportation Service or

Naval. Intelligence in order to

answer any allegations which

might have been made against

him. Such an appearance could

serve no useful purpose since no

charges have ever been made

against Mr. Ekstrand. The reasons

for a denial to the individual

of the privilege of entering the

area are not disclosed since the

denial does not impair any in-

herent right of the individual.

ACLU NEWS

June, 1958

Page 3

No Damage Says Navy

"I regret that Mr. Ekstrand

feels that the action of the Navy

with respect to this unusual situa-

tion and important area has in-

terfered with his ability to earn

a living. However, it is not con-

sidered that his normal employ-

ment has been jeopardized since

he has not been deprived of the

right to obtain employment on

merchant vessels not calling at

this sensitive military installa-

tion."

Hearing Denied

By Cal Supreme

Ct. in PG E Case

The California Supreme Court,

on May 21, denied a hearing to

four former P. G. and E. employees

who had been fired as "poor se-

curity risks" at the instigation of

the state Un-American Activities

Committee in 1953.

The ACLU petitioned the Su-

preme Court for a hearing to re-

view the District Court's ruling

(see May NEWS) that the mem-

bers of the Un-American Activi-

ties Committee, as well as the

Committee counsel, had absolute

immunity for sending a letter

urging the dismissal by a private

employer of named private em-

ployees and that such employees

could therefore not sue for their

resulting damages.

Supreme Court Justices Roger

J. Traynor and Jesse W. Carter

voted for a hearing, but since the

affirmative votes of four justices

are required for a hearing in the

Supreme Court, the denial was

automatic. The effect of the de-

nial is that the District Court

decision remains the law in Cali-

fornia on legislative immunity.

Because the District Court

opinion implies. that California

legislators may, with impunity,

`act as "prosecutor, judge and

jury," irrespective of the attend-

ant trampling of the constitutio-

nal provision for separation of

Teacher

Oaths in

31 States

Only 17 of the 48 states require

no loyalty oaths from their teach-

ers, according to a recent survey

by the American Federation of

Teachers.

In 18 of the remaining 31 states,

teachers'must only pledge obedi-

ence to one or more of the fol-

lowing: Federal and state con-

stitutions and laws. In the other

13 states, instructors must also

swear they oppose the Commu-

nist Party and its doctrines or do

not belong to organizations la-

beled "subversive." Two states

require oaths promising obedi-

ence to school law.

Non-Oath States

States which did not demand

loyalty oaths from teachers when

the survey was made in the spring

of 1957 ranged across the nation:

Alabama, Arkansas, Connecticut,

Idaho, Iowa, Kentucky, Maine,

Minnesota, Missouri, Montana,

New Mexico, North Carolina,

Ohio, South Carolina, Utah, Wis-

consin and Wyoming.

A breakdown of oaths in the

other 31 states shows 28 require .

obedience to state and federal

constitutions and laws; 12, opposi-

tion to the Communist Party and

its doctrines; 11, non-membership

in "subversive" groups. The Dis-

trict of Columbia and Alaska like-

wise compel teachers to sign loy-

alty oaths.

Several Special Oaths

The survey disclosed several

special oaths required of teaching

staffs. Each teacher in Indiana

must swear he had paid all poll

and property taxes due and must

present a physician's statement

affirming there is no evidence the

teacher "is addicted to drugs, in-

temperate or suffering from any

communicable disease."

In Mississippi, every instructor

must file an affidavit listing the

names and addresses of all asso-

ciations to which he has belonged

during the last five years and to

which he currently is making con-

tributions or is paying dues.

Texas requires a teacher to tell

if during the past five years he

has belonged to any group on the

Attorney General's list, "to state

the circumstances under which

he joined it and that he was igno-

rant of its purposes," the survey

report stated.

powers, irrespective of the at-

tendant destruction of virtually

every guarantee of the Bill of

Rights, the ACLU is now study-

ing the possibility of seeking a

review in the United States Su-

preme Court.

RT. REV. EDWARD L. PARSONS, former chairman of the Board of Directors

of the ACLU of No. Calif. and still a member of the board, who celebrated

90th birthday on May 18.

-Photo by Alice Adams

1958 Membership

Drive Goes

Over The Top

The 1958 membership campaign already has reached

110% of its monetary goal and 97% of its membership quota.

The campaign committee, seeking 500 new members and

$3,000, reported results of 487 memberships and $3,314.20,

as of May 23. By the time this issue of the "News" is delivered

the new memberships should be

well beyond the 500 goal.

Outstanding efforts in about a

dozen communities and a $500

contribution from Mrs. Mabel H.

Pedder of Carmel by the Sea

helped account for early suc-

cesses. This year's campaign

started about a month later than

last year, which on June 20, 1957 |

reached 468 new members and

$4,007.

Eight Areas Over The Top

Eight communities have gone

over the top in their 1958 drives,

and five others also show ex-

cellent results.

San Francisco's co-chairmen,

Mrs. Arthur Bierman and Mrs.

Frances Pain, had the largest

goals of the drive and reported

107. new memberships. Their

quota is 110.

Theodore Baer, a board mem-

ber serving on the campaign com-

mittee, was largely responsible

for the success of drives in sev-

eral San Mateo and Santa Clara

County communities. Prof. and

Mrs. John Henry Merryman were

ee ACLU leaders assisting

im

Palo Alto Drive

The Palo Alto drive, with Baer

as main leader, resulted in 34

new memberships against a quota

of 25. He headed both the Los

Altos- Mountain View-Sunnyvale

campaign, which showed 20 new

memberships and a quota of 18,

and the Menlo Park-Atherton

drive, which topped its quota of

20 by three memberships.

Mrs. Emily Skolnick, who

achieved outstanding results as

San Mateo chairman last year, led

another highly successful drive

this spring. With a quota of 20,

she enrolled 29 new members.

Also serving on the ACLU board

of directors and membership

campaign committee, she headed

a staff of San Mateo volunteers,

including Mrs. Richard DeLancie.

Redwood City

In the Redwood City-San Car-

los area, Mrs. Marion Lewen-

stein's committee went over the

top with a total of 17 new mem-

bers and a goal of 10. In Modesto,

Mrs. Paul Couture had a goal of

10 but brought in 13 new mem-

bers.

The Santa Rosa area campaign, .

led by John F. Durr, reached

200% of its goal (10 new mem-

berships), and Norman Lezin's

drive in Santa Cruz achieved al-

most the same result, with nine

new members.

Mrs. John T. Knox put Rich-

mond and El Cerrito over the top,

with a total of 16 new member-

' ships and a goal of 15. Dr. Sedg-

Action Needed!

The Jenner-Butler "kill the

umpire" bill is now before the

U.S. Senate. It forbids the

U.S. Supreme Court from re-

viewing any case concerning

state practices in licensing

lawyers (pity the poor NAA-

CP lawyers in the South), it

would make Congressional

committees the final judge of

the pertinency of questions

asked witnesses before invest-

igating committees, it would

allow states to enforce their

own sedition laws rather than

allow the Federal Government

to pre-empt the field, and it

would alter the Smith Act by

allowing punishment of speech

which "theoretically" advoca- |

tes violent overthrow of the

government as well as speech

which incites to direct vio-

lence.

Write without delay to Sen.

William F. Knowland and Sen.

Thomas H. Kuchel, Senate Of-

fice Building, Washington 25,

D.C., and urge them to vote

against S. 2646.

wick Mead was among her assist-

ants.

Berkeley Doing Well

Berkeley, with Mrs. Fred Len-

way as chairman, reported 76

new members against a quota of

95. (Last year's total was only

70 on June 20.)

Only one member short of its

goal, the Marin County drive

brought in 58 new members.

Arthur J. Greensfelder is chair-

man.

In San Jose, Mrs. Robert A.

Hall's committee also was close

to its goal. Their total of 14 was

only one short of the goal. Harry

F. Brauer's Watsonville campaign

also was nearing its goal, with

four new members out of a quota

of five.

From Sacramento, Mrs. Carl

Kuchman also reported good re-

sults, with 11 new memberships

and a goal of 15.

ACLU Thanks

ACLU thanks go to these lead-

ers and many others contributing

to the success of the drive. This

includes a faithful force of hun-

dreds who gave their time to ar-

ranging for meetings, press cov-

erage and personal contact of

thousands of prospects. It also in-

cludes other hard-working mem-

bers who did telephoning or

helped. with clerical work in. the

ACLU office.

Next month's ``News" will give

a final report on the campaign.

Protecting Civil Rights

The United States Constitution guarantees every citizen

such civil rights as due process of law and equality before the

law and freedom of speech, of the press and of assembly.

Unfortunately these cherished rights are not self enforc-

ing. And frequently in times of stress or because of misplaced

zeal or cunning calculations these Henls as they apply to in-

dividuals are placed in jeopardy.

It is healthy and in fact a necessary thing that ere be

-some organizations which seeks constantly to preserve these

rights and to uphold them when they are in danger of being

violated.

Such an organization is the American Civil Liberties Un-

ion which for more than a quarter of a century has functioned

to safeguard these rights in principle and to provide legal

counsel for those in danger of being denied them.

The protection of civil rights is important to every person,

for upon this foundation our Democracy is built and its de-

terioration would place everyone in mortal danger.

The organization, whose headquarters is at 503 Market

Street, San Francisco, deserves public support. Eternal vigil-

ance is indeed the price of freedom.-Editorial appearing in

the Sacramento, Modesto and Fresno Bee of May 21, 1958.

The complex issue of loss of citizenship for native-born

Americans was further complicated on March 31, when the

United States Supreme Court handed down a series of mixed

opinions in four key cases.

While two of three cases which

had the backing of the American Civil Liberties Union were

won, analysis of the high court's

rulings indicate that a sharply-

divided court rejected the basic

position advanced by the Union.

This is that a voluntary act clear-

ly showing renunciation of alle-

giance to the United States is the

only basis on which the constitu-

tional right of citizenship can be

withdrawn.

Foreign Voting

The first of the controversial

cases, Perez v. Brownell, was de-

cided in the government's favor

by a 5-4 vote. The case, supported

by the ACLU's Southern Califor-

nia affiliate, concerned the issue

of voting in a foreign election,

with the government charging

Perez expatriated himself by par-

ticipating in the 1946 Mexican

elections. Speaking for the ma-

jority, Justice Frankfurter point-

ed to the Congressional power to

enact legislation "for the effec-

. tive regulation of foreign affairs."

He said that under this power the

U. S., in order to reduce interna-

tional friction, can make voting

in a foreign election an act of

expatriation, because "the activi-

ties of the citizens of one nation

when in another country can easi-

ly cause serious embarrassment

to the government of their own

country as well as to their fellow

citizens."

Right to Have Rights

In a vigorous dissent, Chief Jus-

tice Warren, joined by Justices .

Black and Douglas, declared, "Cit-

izenship is man's basic right for

it is nothing less than the right to

have rights...a government of

the people cannot take away their

citizenship simply because one

branch of the government can be

said to have a conceivably ration-

al basis for wanting to do so."

The justices continued that citi-

zenship can be voluntarily re-

nounced by formal allegiance to

another country or by other ac-

tion demonstrating non-allegiance

-to the United States, but "the

mere act of voting in a foreign

election ... without regard to the

- circumstances attending the par-

ticipation, is not sufficient to

show a voluntary abandonment

of citizenship." They pointed out

that until 1928 aliens in some

states could vote in American

presidential elections. Justices

Black and Douglas, in a separate

dissent, said that if the power to

regulate foreign affairs can be

used to deprive a person of his

citizenship because of voting

abroad, "why may it not be used

to deprive him of his citizenship

because his views on foreign pol-

icy are unorthodox..."

War-Time Desertion

In another 5-4 decision, the

high court upheld Albert Trop,

whose citizenship had been de-

clared lost by the lower courts

because of his court-martial con-

viction for war-time desertion.

Trop's case was handled by Os-

mond K, Fraenkel, one of the

ACLU's general counsel. Writing

the majority opinion, Chief Jus-

tice Warren, backed by Justices

Black, Douglas and Whittaker,

held that since the desertion law

was a penal statute, to take away

citizenship for committing a crime

was "cruel and unusual punish-

ment" in violation of the Eighth

Amendment, |

The court noted that cases of

loss of citizenship for war-time

desertion gave the military au-

thorities great power to decide

"who shall remain Americans and

who shall remain stateless, which

raises the question of the proper

ACLU NEWS

June, 1958

Page 4

relationship between civilian and

military authority. The dissent-

ing opinion, filed by Justice

Frankfurter, with Justices Bur-

ton, Clark and Harlan joining,

held that Congress' power to pro-

vide for the common defense and

Wage war covered expatriation of

a war-time deserter. Justice Bren-

nan, in concurring with the ma-

jority opinion, found that expatri-

ation "solely as additional pun-

ishment" was not reasonably re-

lated to the exercise of Congress'

power to wage war effectively.

Foreign Military Service

The third case, Nishakawa v.

Dulles, supported by the North-

ern California ACLU, was favor-

ably decided by a 7-2 vote. Born

in the United States of Japanese

parents, Nishakawa went to Japan

in 1938 as a student. Under the

Japanese military service law, he

Was required to enter the Japa-

nese Army in 1941. He made no

formal protest and testified at

his trial that he was afraid of the

Japanese secret police and that

friends at the American Embassy

had told him he could not expect

U.S. help because he was consid-

ered a dual national. The court's

majority opinion, delivered by

Chief Justice Warren, centered

on the non-voluntary nature of

Nishakawa's action. The opinion

held that no constitutional issue,

but merely a question of burden

of proof, was raised in the case,

with the government having the

responsibility to prove both an

act of expatriation by "clear, con-

vincing and unequivocal evi-

dence," and that such act was vol-

untary: The dissenting opinion

was filed by Justices Harlan and

Clark, who declared that ". .. when

credibility is an issue, we should

not set ourselves against the fac-

tual determinations of the trial

court, which had the...advan-

tage of hearing and observing

Nishakawa on the witness stand."

Draft Evasion i

The final case treated by the

court concerns one Mendoza-Mar-

tinez, who lost his citizenship be-

cause he remained outside the

United States to avoid military

service. The case was remanded.

to the lower federal courts in

light of the Trop decision.

`Peyton Place'

Thrives on

Banning Threats

The novel and movie of "Pey-

ton Place" received sales-zooming

publicity from an unexpected

source in Charleston, W. Va., re-

cently. :

Mayor John T. Copenhaver dis-

patched a police lieutenant to the

Kearse Theater there to watch

the film and report whether it

should be banned in Charleston.

Appearing on television, the ma-

yor also announced he would op-

pose city appropriations for the

county public library in the fu-

ture unless it took the book from ~0x00B0

its shelves.

The result of this one-man cen-

sor campaign were: Increased

sales for "Peyton Place" in city

bookstores, longer lists of read-

ers Waiting to secure the library's

single copy, and good attendance

at the theater.

Ridiculing the mayor in an edi-

torial, The Charleston Gazette

commented:

"Mayor Copenhaver hardly is

the one to say what the people of

Charleston ean or cannot see in

the way of entertainment released

nationally by the motion picture

the public this same right. .

S.L.P. Member

is Granted

Citizenship

A Lorain, Ohio, barber, Christ

Vasiloff, has been granted citizen-

ship in a naturalization case re-

cently decided on a civil liberties

point likely to set a precedent for

future cases. Federal Judge James

C. Connell ruled that an alien can

be attached to the principles of

the Constitution, even though he

believes in far-reaching changes

in it, as long as such changes are

to be accomplished by lawful

means.

Although judges had rendered

similar rulings in denaturaliza-

tion proceedings, in those cases

the burden of proof that the per-

son was not attached to the Con-

stitution rested with the Govern-

ment. In the Vasiloff case, which

was argued by an attorney affili-

ated with the American Civil Lib-

erties Union's Ohio affiliate, the

burden of proof was on the peti-

tioner to prove his fidelity to the

Constitution.

Opposed to Capitalism

Vasiloff, who came to this

country in 1920, married a natu-

ralized citizen of the United

States in 1929, and filed his peti-

tion for naturalization on January

27, 1949, under the Nationality

Act of 1940. It was denied, in 1955,

on the grounds that he had `failed

to establish that he has been at-

tached to the principles of the

Constitution and well disposed to

the good order and happiness of

the United States for the period

required by law." This finding

was based on the fact that since

1931 Vasiloff had been a member

of the Socialist Labor Party of

America and a believer in its aims

of (1) changing our system of

representative government based

on states and districts to one

based on industrial divisions; and

(2) abolishing capitalism through

the government taking over all

existing private enterprise with-

out compensation to the present

owners. These changes would be

accomplished by peaceful means

through the established demo-

cratic process of amendment un- ~

der Article V of the Constitution.

Vasiloff's attorney, Marvin S.

Zelman, answered the govern-

ment on taking over private prop-

erty without compensation, by

arguing that the Emancipation

Proclamation did the same thing.

It freed the slaves, without com-

pensation to the owners, just six

years after the Supreme Court

had declared them private prop-

erty. He also cited the 18th

Amendment, Social Security leg-

islation, and estate and income

taxes as other examples.

Advocacy of Change

On the other charge, Zelman

cited two cases in which the gov-

ernment had failed in denaturali-

zation proceedings on similar

grounds. In one of these, Schnei-

derman v. U. S., the Supreme

Court held that "Article V con-

tains procedural provisions for

constitutional change by amend-

ment.... This provision and many

other important and far-reaching

changes made in the Constitution

of 1787 refute the idea that at-

tachment to any particular provi-

sion or provisions is essential or

that one who advocates radical

changes is necessarily not at-

tached to the Constitution." In

the other, Revin v. U. S., the

Court stated: "Nor.can I follow

the government in its contention

that belief by an alien that chang-

es should be made in the form of

government indicates lack of at-

tachment to the principles of the

Constitution.

itself, providing as it does for its

own amendment in any respect

deemed desirable by the people,

seems to me to unanswerably re-

fute any notion of this sort."

@ :

industry, which has its own re-

sponsibility to the public and

good morals.

"Copenhaver is entitled to his

own views... he should not deny

. This

self-appointed censorship is noth-

ing less than police state milita-

rism."

' The police lieutenant found no

reason for stopping the screening

of the film made from the "Pey-

ton Place" novel.

The Constitution, .

Jencks Ruling

Applied to |

Fed. Agencies

A United States Court of Ap-

peals has extended to federal ad-

ministrative agencies the United

States Supreme Court ruling that

in criminal trials the government

must produce secret reports made

to it by its witnesses.

SACB Reversed

The decision of the appeals

court in Washington, D. C., re-

versed the Subversive Activities

Control Board finding that the

Communist Party must register

as a subversive organization un-

. der the 1950 Internal Security

Act,

The Court of Appeals enlarged

the scope of the Supreme Court's

precedent-making decision last

Spring in reversing the conviction

of labor official Clinton E. Jencks

for filing a false non-Communist

affidavit. The high court ruled

then that Jencks had not been

allowed to see reports made to

the FBI by two informants who

testified against him.

Report Must Be Produced

Speaking for the appeals court

panel of three judges in the Com-

munist Party case, Justice E, Bar-

rett ,Prettyman said, "We hold

that where the Government plac-

es on the stand a witness who tes-

tifies about an event long past,

and it is shown that this witness

at or about the time of the event

made a written report to the Gov-

ernment concerning that event...

the Government upon demand

must produce the report made by

the witness. We think simple

justice, the fundamentals of fair

play, require no less. The opinion

of the Supreme Court in the

Jencks case, as we read it, is

based upon the elementary propo-

sition that the interest of the

United States is that justice be

done."

Witness Confused

The reports in question were

made by Mrs. Mary Staleup Mark-

ward, an FBI agent inside the

Communist Party from 1943 to

1949. In her testimony before

the Subversive Activities Control

Board, Mrs. Markward said she

recalled one Communist Party

leader saying that party members

would not bear arms in any con-

flict between the United States

and the Soviet Union. Under

cross-examination, Mrs. Mark-

ward admitted that her recollec-

tion of the statement was con-

fused and that she had made a

report to the FBI about it at the

time. The party then asked to see

her report, but was refused by

the Board.

Fair Bie

Judge Prettyman said: "If this

`were a Civil action in a court, or

if it were a criminal case, the

party would be entitled to the

production of these reports. The

question here is whether produc-

tion is one of the fundamentals of

fair play required in an adminis-

trative proceeding. We think it

is." On the same basis, the Court

also ordered the Government to

produce Mrs. Markward's reports

on Annie Lee Moss, a Defense

Department employee, accused of

being a security risk and then

cleared.

Four Receive

Hon. Discharges

(Continued from Page 1)

the inductee received the

charges, Army regulations did

not provide for a hearing in se-

curity cases. Twenty-four days

after submitting a written answer

admitting past membership in

the League but denying sympathy

of himself and his wife for Com-

munism, he received an "Unde- |

sirable Discharge."

In the third case, the inductee

was discharged from military

service on September 3, 1952 with

a "General Discharge" without

having had a hearing. He was

charged with past membership in

the Labor Youth League, attend-

ance at the California Labor

School and financial support of

various left-wing groups.

In the fourth case, as indicated

above, the inductee had been

separated from the Army last

September with the character of

his service "to be determined"'

after a security hearing. He was

charged with membership in the

Civil Rights Congress, subscrib-

ing to the People's World, con-

tributing to the Rosenberg de-

fense, associating with a brother

who had left-wing assoications,

and with resting on constitutional

grounds in refusing to give in-

formation about past associations

on his Army loyalty form.

Registration of

Sex Offenders

Limited

- The California District Court of

Appeal in San Francisco decided

last month that a sex offender

`who fulfilled the terms of his pro-

bation and who was then released

from "all penalties and disabili-

ties" was not required to reregis-

ter as a sex offender. The deci-.

sion was handed down in the case

of Ralph T. Kelly, who had been

prosecuted for failing to' re-

register.

"Tt is a fair inference," said the

unanimous court in a decision

written by Judge Fred B. Wood,

"that an offender found deserv-

ing of probation. is not likely to

be in need of further police sur-

veillance if he responds to the

confidence reposed in him as a

probationer and faithfully ful-

fills the terms and conditions of

his probation..."

`Since the court found that the

re-registration provisions of the

law did not apply to the petition-

er, it did not consider constitu-

tional aspects of the case. The

' ACLU of Northern California, in

an amicus curiae brief, had urged

that section 290 of the Penal Code,

which requires selected sex of-

fenders to register with the chief

of police, or sheriff, of the com-

munity in which they reside,

should be declared unconstitu-

tional as denying the equal pro-

tection of the law.

The ACLU pointed out that, in

California, only 14.3 per cent of

all male sex offenders (not com-

mercially motivated, such as pan-

derers) have a record of one prior

prison sentence, and just 6.8 per

cent have a record of two or more

prison sentences. Of all crime

categories, only one, homicide,

has less recidivism than the sex

category. -

sess

sooo soe abate asomoooe moana so aD

The first right of a citizen

Is the right

To be responsible.

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