vol. 24, no. 5

American

Civil Liberties

Union

Welume CIV

San Francisco, California, May, 1959

Censorship Challenged

Suit Tests

P. O. Seizure of

Foreign Mail

The Post Office's practice of confiscating as foreign politi-

cal propaganda millions of pieces of mail entering the country

from abroad was challenged in a lawsuit filed March 22 in

Cook County Circuit Court, Illinois.

Attorneys for the American Civil Liberties Union filed the

suit on behalf of Mrs. Helen Mac-

Gill Hughes, managing editor of

the American Journal of Sociolo-

gy, charging that Chicago Post-

master Carl A. Schroeder had un-

lawfully detained two magazines

mailed to her from Czechoslova-

kia. The complaint demanded im-

mediate delivery of the maga-

zines, which the Postmaster has

held up since Feb. 18, and $1000

in damages for their wrongful

~ detention.

Refused To Sign Forms

Mrs. Hughes was notified by

Schroeder on February 18 that

he was holding two magazines-

Czechoslovak Woman and Czech-

oslovak Youth-addressed to her

which were "nonmailable." But

the: notice added that they could

be delivered (1) if "not for dis-

semination" and (2) if she signed

a form stating that she "ordered,

subscribed to or desired,' the

magazines. She then sent Schroe-

der a letter demanding immedi-

ate delivery of the magazines, re-

fusing to sign any forms and

challenging the Post Office policy

of stopping mail which it regards"

as foreign political propaganda.

In reply, Schroeder merely told

her that her letter had been re-

ferred to Washington.

Plaintiff is Author

Mrs. Hughes is a Canadian-born

American citizen who has lived

in Chicago for 20 years. She was

awarded a Ph.D. by the Univer-

sity of Chicago in 1939 and is the

author of two books and numer-

ous articles on public opinion

and popular culture. She has writ-

ten for Time Magazine and the

Encyclopedia Britannica. She and

her husband, Professor Everett

Hughes, of the University of Chi-

cago's sociology department have

two daughters, both students, one

at Oxford and the other at the

University of Chicago.

Mrs. Hughes believes that she

was placed on Czechoslovakian

mailing lists last year when she

attended a UNESCO conference

in Prague with her husband who

was a United States delegate. In

her complaint, she alleges that

_ "because of the wide scope of her

activities and interests," she may

disseminate the magazine or their

contents.

The Government's

In 1950 postal and customs of-

ficials became concerned with

large volumes of publications

they considered "foreign political

propaganda" addressed to Amer-

icans from Iron Curtain coun-

Program

- tries. However, though Congress

has passed a law barring mail

which advocates treason, there is

In This Issue...

ACLU Presses for Fair

Investigative Procedures

by AEC{ 324) p.4

Membership Drive in

Full Swing ........... p.3

Press Comments ......... p.4

Right of Organization

Supported ........... p.4

U.C. Campus Meeting Policy

Affirmed by Chancellor . p. 3

Young Artist Vagged Twice

In One Week ......... p. 3

F @

Job Opening

Rosemary McQuarrie, a_half-

time staff member during the

past sixteen months, has. resigned

in order to accept a full-time job

with the Bay Area Crusade. Con-

sequently, the ACLU has a job

opening fo fill.

The principal qualification for

the job is ability to direct the reg-

ular Spring membership drive.

The job also requires supervision

of volunteers, promotion of spe-

cial events, such as the annual

membership meeting and theatre

parties, and assistance in editing

the biennial report and the

monthly NEWS.

Applicants for the job may

make appointments for interviews

by calling Ernest Besig at EX-

brook 2-4692, or writing to the

ACLU, 503 Market St., San Fran-

cisco 5, Calif.

no law authorizing confiscation

of mail merely because govern-

ment officials consider it "pro-

paganda." Nevertheless, as one

customs official frankly testified

at a Senate Internal Security

Committee hearing in 1951:

"We have sent out circular let-

ters to all collectors of customs,

confidential circulars, you might

say, instructing them on this

borderline stuff where we don't

feel we have a real law to seize

it, to detain it, and submit it to

the nearest F.B.I. and let them

in and have a look at it, and if

the F.B.I. officer in the district

feels that it should not be re-

leased, we more or less strong-

arm it to prevent it from going.

cae

Attorney General's Opinion

Government officials now say

that this program is legally justi-

fied by a 1940 Attorney General's

Opinion holding that such cen-

sorship is authorized by the For-

eign Agents' Registration Act.

] -Continued on Page 2

Joseph Eichler

Elected to

ACLU Board

The American Civil Liberties

t

- Union of Northern California last

month announced the election to

its Board of Directors of Joseph

L. Eichler of Palo Alto to fill the

' unexpired term of Prof. James R.

Caldwell of the University of

California, who resigned because

of inability to attend board meet-

ings.

Mr. Kichler is President of

Kichler Homes, Inc., of Palo Alto,

builders of contemporary housing

throughout the Bay Area. He be-

came a major developer of subdi-

visions ten years ago.

A native New Yorker, Mr. Eich-

ler is a graduate of New York

University.

Known for his philanthropic

and civic interest, and also as an

exponent of elimination of racial

and religious barriers in private

housing, Mr, Eichler was select-

ed the "Man of the Year" in 1958

by the City of Hope, who, taking

cognizance of his meteoric career

and nationwide reputation,

wished to pay him tribute for his

distinguished record of public

services and his numerous local

and national philanthropies. Par-

ticular honor was paid to his

courageous and unequivocal advo-

cacy of elimination of racial and

religious barriers in private hous-

ing and his resignation from the

National Association of Home

Builders for their failure to take

such a stand.

Mr. Eichler has long been ac-

tive in Democratic Party politics.

He is presently a member of the

Advisory Committee on Econom-

ic Policy of the Democratic Advi- .

sory Council of the Democratic

National Committee. He has been

appointed by Governor Edmund

G. Brown to serve on the Gover-

nor's Advisory Council and also

as a member of the Governor's

Commission on Metropolitan Area

Problems. He is also a member

of the Board of Directors of the

National Housing Conference,

Ine.

In 1958, he was a recipies of

the Sun- Reporter Merit Award

as "Citizen of Merit" for the year

1958.

Bishop Parsons Is 91

Rt. Rev. Edward L. Parsons, be-

loved former chairman-of the

Board of Directors of the ACLU

of Northern California, and `still

a member of the board, will cele-

brate his 91st birthday on May

18. Congratulations, Bishop!

Immigration Service Uses

Drag-Net Methods in Chinatown

In a search for alien Chinese

who are in the country illegally, .

the Immigration Service is using

drag-net methods of investigation

in San Francisco's Chinatown and

harassing all Chinese - citizens

and aliens alike. Indeed, the mat-

ter became of such concern to

the Chinese community that rep-

resentatives of the Chinese Six

Companies and the American Le-

gion's Cathay Post last month

protested to Bruce Barber, Dis-

trict Director of the Immigration

Service.

During business hours immi-

gration officers enter stores,

cafes and factories employing

Chinese and demand to inter-

view ALL employees. In one

case, an agent entered a barber

shop and demanded identifica-

tion from a customer while he

was getting a haircut. The net

- effect of such procedures is not

only to frighten the Chinese com-

munity but to disrupt business.

Obviously, too, this is lawless en-

forcement of the law.

Early last month, the ACLU

asked Mr. Barber to clarify in-

vestigative procedures used by

his representatives in Chinatown.

When the first letter was ignored

a second letter was sent. At this

point Mr. Barber suggested a con-

ference.

Conference Non-Productive

At the conference,.Mr. Barber

refused to discuss the Services'

procedures. `He did not deny that

his men were demanding identi-

fication of `all Chinese, but he re-

fused to discuss general com-

plaints. Anyway, he wanted to

know how the ACLU would inves-

tigate.

The ACLU informed Mr. Bar-

ber that it recognized the duty

of the Immigration Service to en-

force the law, but, as was stated

in a subsequent letter from Er-

nest Besig, ACLU director, to Mr.

Barber, "... we take the position

that your agents must have rea-

sonable grounds to believe that a

person is an alien before he may

be questioned.

Teaching Credential

Convicted C.

=aa- Wins Favorable

Recommendat:

on

A hearing officer of the Division of Administrative Pro-

cedure on March 31 recommended that the California Board

of Education grant Milo Keith Barnhart a General Secondary

teaching credential despite his conviction in 1951 as a draft,

evader. Barnhart, a member of the Church of the Brethren,

JOSEPH L. EICHLER

FCC Loyalty

Oath Upheld

A San Francisco radio repair-

man seeking renewal of his FCC

license was told, in an initia] FCC

decision issued March 9th, that

he did not qualify for renewal be-

cause of his refusal to sign a non-

Communist affidavit and general

non-disloyeiiy oath. Tie decision

is being appealed.

The decision was based on the

record of a hearing held in San

Francisco Oct. 16, 1958, and briefs

filed by opposing counsel in No-

vember and December, 1958.

(See NEWS, January, 1959, for

full details.)

The hearing officer who ren-

dered the decision concluded that

the applicant's refusal to sign the

oath "raises such serious doubt

as to his qualifications and, in

particular, his frankness, candor,

cooperation and amenability to

orders of the licensee of a land

station, or of the master of a

ship or aircraft that the Commis-

sion cannot find that the public

interest, convenience and neces-

sity will be served by granting

his application for renewal..."

` "While you refused to say pre-

cisely what procedures your

agents are following," the letter

went on to say, `I gathered that

you felt that in some indefinable

way an experienced agent may

determine who is a Chinese alien

-by appearance, speech and even

place of residence. It does not

seem to me that these are reason-

able grounds on which to base

a conclusion that a Chinese is an

alien.

Activity Unexplained

"Still unexplained is the al-

leged activity of your agents in

going into factories and restau-

rants and demanding to check the

identification of ALL employees.

I suggest again that such action

constitutes lawless enforcement

of the law and that your agents

should be required to change

their procedures forthwith."

Mr. Barber has ignored this

last letter, so a complaint will

now be presented to the Commis-

sioner of Immigration in Wash-

ington.

an historic peace church, is a

conscientious objector and re-

fused to accept a 1A0 classifica-

tion from his draft board which

obligated him to perform non-

combatant duties in the Armed

Forces. ~

`Moral Turpitude

The Credentials Commission

denied Barnhart's application for

a teaching credential on the

ground that he had been con-

victed of an offense involving

moral turpitude. The ACLU con-

tended that moral turpitude is

not inherent in the offense of

draft evasion and rested upon a.

decision to this effect by Superior

Court Judge Jay L. Henry of Sac-

ramento in the Arthur P. Clark

case last December 23.

The hearing officer, Harold A.

Furst, failed to follow Judge

Henry's decision and instead de-

cided that Barnhart had com-

mitted an act involving moral

turpitude. Nevertheless, he held

that "The facts . . . show that

respondent has furnished reason-

able evidence of good moral

character at the present time and

has become rehabilitated. .

Excellent Character

At the hearing at Humboldt

State College in Arcata on March

18, fourteen witnesses testified

that Barnhart was a man of excel-

lent character; that in their opin-

ion Barnhart had that quality of

character which was most desir-

able in teachers, that he would

make an excellent teacher; and

that they knew of nothing which

would cause them to alter their

opinions or to question them in

any way, notwithstanding their

knowledge of Barnhart's prison

term as a conscientious objector.

The witnesses testified that

when entering Humboldt State

College Barnhart had candidly

explained his background and

conviction as a conscientious ob-

jector and that as a consequence

those responsible for recommend-

ing admission to the teacher

training program and to the pro-

fession were especially careful in

their evaluation of him as a po-

tential teacher and particularly

noted his moral qualities. The

special screening resulted in

unanimous and enthusiastic sup-

port for Barnhart's candidacy for

' the teaching profession.

36 Character Affidavits

In addition to the fourteen wit-

nesses, 36 affidavits from persons

who knew Barnhart in Clover-

dale, his home community, San

Francisco, Eureka and Arcata, all

attesting Barnhart's excellent

character, were placed in evi-

dence.

Barnhart's claims as a con-

`scientious objector were re-

jected by his draft board in 1951

because he did not go along with

the strict opposition of the

Brethren to smoking, drinking

and dancing. A Selective Service

hearing officer concluded that

Barnhart's religious beliefs were,

therefore, not strong enough to

stamp him as a strict member of

a Pacifist Group or Church. When

he refused to accept induction

in the Army as a non-combatant

he was prosecuted and on Sep-

`tember 18, 1951 found guilty of

failure to submit to induction

and sentenced to two years in

prison. After serving less than 9

months at the Federal Prison

Work Camp at Tucson, (Arizona,

he was paroled.

Decision Pending

The State Board of Education

has not yet acted on the Hearing

Officer's recommendation.

At the hearing in Arcata, Barn-

hart was represented by Albert

M. Bendich, ACLU Staff Counsel.

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG ... Editor -

503 Market Street, San Francisco 5, California, EXbrook 2-4692

Subscription Rates-Two Dollars a Year

Twenty Cents Per Copy

Philip Adams

Theodore Baer

William K. Coblentz

Richard De Lancie

Joseph L. Eichler

John M. Fowle

Howard Friedman

Julian R. 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

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

Rev. F. Danford Lion

Seaton W. Manning

~ Rey. Robert W. Moon

Lloyd L: Morain

Rt. Rev. Edward L. Parsons

Clarence E. Rust

Mrs. Alec Skolnick

Fred H. Smith, IV

Theodosia B. Stewart

Stephen Thiermann

Franklin H. Williams

GENERAL COUNSEL

Wayne M. Collins

STAFF COUNSEL

Albert M. Bendich

Disclaimer Oath

Opposed by

Student Groups

Student legislative bodies at

Stanford University and San

Francisco State College recently

joined the growing opposition to

the disclaimer oath required by

the National Education Act of

1958, under which loans are con-

ditioned on execution of an oath

declaring that the person "does

not believe in, and is not a mem-

per of and does not support any

organization that believes in or

teaches the overthrow of the

United States Government by

force or violence or by any ille-

gal or unconstitutional methods."

The Stanford "Legislature," by

`a 12 to 4 vote, supported the rec-

ommendation of the Academic

Affairs Committee headed by

Gail Greiner. The Stanford Daily

commended Legislature for its

stand and expressed the hope

that "the Administration's posi-

tion and course of action will be

made known to the students

`soon."

The action of the Board of Di-

rectors of the Associated Stu-

dents of San Francisco State Col-

lege on March 23 was unanimous.

Copies of a resolution adopted by

the board were sent to each of

California's `thirty Representa-

tives in Congress and to Senators

-Kuchel and Engle.

_. Stanford and S. F. State follow

-a trail blazed by Stanford's fac-

ulty Academie Council, UC's

Berkeley chapter of the Ameri-

can Assn. of University Profes-

sors, and AAUP chapters at San

Jose State, and Mills College.

Because of its objections to the

disclaimer oath, Mills College has

refused to participate in the Na-

tional Education Act of 1958 pro-

gram. Reed College has also re-

fused to participate in the pro-

gram, as have a number of East-

ern colleges.

Bareheaded

Once More

Once again, the office staff

takes off its collective hat to the

faithful band who served long

and for-free on the seventh floor

of 503 Market in San Francisco.

April volunteers were the

Mmes. Henry Arian, David Bor-

tin, Ethelreda Davis, Frances

Flynn, Geraldine L. Gordon,

Bruce Jones, John Kerner, Zora

Hutchinson, Blanche MacKinnon,

George Pohlman, Gerald Rubin,

David Rothkop and R. R. Watkin;

Misses Sally Caldwell, Junella

Haynes and Barbara Slickman

and Messrs... Arthur Simon and

E. C. Vanderlaan.

Setting something of a record,

Mrs. Gordon came from San Jose

and has, offered to spend two

days a week doing volunteer

work in the office.

ACLU NEWS

May, 1959

Page 2.

}

Bail Denied

To Howard; Son

Gets 12 Months

Asbury Howard, the Negro

civic leader of Bessemer, Ala-

bama, convicted for ordering a

poster of a man praying for his

rights, is still serving his six

month's sentence on a prison

road gang.

The Supreme Court of Ala-

bama turned down his plea for

_ bail pending appeal, but it did

listen to arguments attacking the

constitutionality of the Bessemer

ordinance under which reproduc-

ing the cartoon (reprinted in last

month's ACLU NEWS) entitled _

"Hands That Can Still Pray,' was

held criminal.

In the event the Alabama Su-

preme Court upholds the ordi-

nance, the ACLU will participate

in an appeal to the United States

Supreme Court.

Albert McAllister, the white

signpainter Mr. Howard hired to

make the poster, is serving his

six-month sentence in the city

jail.

Asbury owen Jv., arrested

on charges of disorderly conduct

for having defended his father

when he was attacked by forty

white men inside Bessemer City

Hall, has been sentenced to one

year's hard labor. He is present-

ly on bail.

The segregationalist Birming-

ham News said recently that the

beating of Mr. Howard and his

son "inside the Bessemer City

Hall... gives the community a

black eye," and that "upholding

of law and order is always funda-

mental and urgent."

Alistair Cooke

Boosts ACLU

Here's what Alistair Cooke, of

TV's "Omnibus" fame, wrote

about the ACLU ina recent front-

page story in the Manchester

Guardian:

"The American Civil Liberties

Union is, or ought to be, the fa-

vourite watchdog of the Ameri- -

can liberal. It is a hungry but

faithful beast, unhappily depend-

ent on middle class professional

people who are long on idealism

and short on money...

"Should an American college

dare to resist a `loyalty oath' de-

manded by a powerful alumnus,

ACLU will come padding across .

the campus to snap at his heels.

Does a newspaperman wish to go

to China or Hungary over the

hurdle of the State Department's

ban, Old Faithful will give him a

boost."

If there is any principle of the

Constitution that more imperatively

calls for attachment than any other

it is the principle of free thought-

not free thought for those who agree

with us but freedom for the thought

we hate.-Justice Holmes, dissent-

ing in the case of Rosika Schwimmer,

1928.

Continued from Page 1-

This Act compels registration

and disclosure by foreign agents

operating in this country. It says

absolutely nothing about mail to

Americans from abroad. Legal

commentators have generally

agreed that this opinion repre-

sents an untenable interpretation

of the statute.

A comprehensive study of the

Post Office program by Profes-

sors Murray L. Schwartz and

James Paul, published in the

March and April issues of the

University of Pennsylvania Law

Review says that "the legal valid-

ity of the (Attorney General's)

ruling is clearly doubtful" and

that it finds "little support in

the history, theory or express

terms of the Foreign Agents

Registration Act."

Proposed Legislation Dies

A number of bills which would

authorize this censorship opera-

tion have died in Congress. One

was passed by the Senate in 1956,

but was killed in the Judiciary

Committee on the recommenda- .

tion of the Post Office's chief law- -

yer who testified that he had not

studied the bill too closely. ACLU

attorneys contend that such leg-

islation, if passed, would be a vio-

lation of our constitutional right

to determine for ourselves

whether magazines and books are

"propaganda."

The volume of the censorship

operation is staggering. A cus-

toms official told a House Un-

American Activities Committee

hearing in 1957 that seven mil-

lion items of "Communist propa-

ganda" had been "processed" the

year before. T. J. Rakowski, chief

customs censor in Chicago, an-

nounced the same year that 400,-

000 pieces of mail had been held

up there. Much of the material,

he added, contained "lies" about

the United States and was

burned.

Though most of the confiscated

mail originated in Iron Curtain

countries, a significant amount of

mail coming from friendly coun-

tries, such as England and Cana-

da, has also been confiscated.

Absurd Cases

The ACLU cited some of the

absurdities which are inevitable

in any government censorship

operation:

1) A consignment to an impor-

ter who was purchasing Soviet

publications for United States

military agencies was confiscated

and lost.

2) At St. Paul, a customs em-

ployee who did not know Russian

was armed with a Russian-Eng-

lish dictionary and ordered to de-

termine which publications in a

warehouse full of books and ma-

gazines were "Communist prope

ganda."

3) A book published in Carict

Russia, called "Chess for Begin-

ners," was confiscated.

4) The Mathematical Review,

one of the world's three publica-

tions which lists all mathematical

works, was deprived of Russian

titles for a year.

5) A pamphlet by a member of

the British parliament attacking

American intervention in the

Guatemalan revolution, ordered

by the American Friends Service

Committee, and the

Economist were confiscated.

6) Shipments of books with the

following titles from a Canadian

publisher to a Chicago bookstore

have been confiscated: Ancient

Greek Society, The Reader's

Guide to the Marxist Classics, and

Illusion and Reality.

7)" University professors have

been cleared by their presidents

to show government officials that

they were "qualified" to read

Communist publications. The

president of one state university

assured postal lawyers that the

publications would be kept under

lock and key in a security section

of his library.

Tragic Consequences

But, the ultimate consequences

of government censorship are

more tragic than absurd. The

University of Pennsylvania study

stated:

"The total impact of this cen-

"estimated

London,

sorship on American culture, sci-

ence and research during this

period (1951-55) can hardly be

in any quantitative

way. The American people were

soon to be sputniked into recog-

nition that they had a lot at stake

in maintaining, at least for those

who were interested, the most

liberal kind of access to infor-

mation about the Communist

world."

The full story of this vast cen-

sorship program will never be

known because, until last Decem-

ber, the government did not even

inform many persons that their

mail was being confiscated. The

government then decided to give

notice to all such persons "on an

experimental basis." Many. per-

sons whose mail was confiscated

were reluctant to complain, and

many now refuse on principle to

sign the Post Office form and ad-

mit that they want their mail.

Anti-Communists Opposed

The program has been attacked

by such well-known anti-Commu-

nists as the late Sen. McCarthy

and columnist George Sokolsky.

McCarthy once said it was "ridi-

culous" to destroy copies of Prav-

da and Izvestia because these

publications "are clearly labelled

for what they are."

Sokolsky, when told that he

was a selected individual who

could receive Communist propa-

ganda if he wished, replied:

"T do notAike (special) privi-

leges. .. . If I am to be saved

from my reading habits I donot

want it done by the Post Office,

the business of which is to de-

liver the mails." (See Saturday

Review 4-23-55.)

Legal Challenge Avoided

For years, the federal govern-

ment has avoided any legal chal-

lenge to the validity of this cen-

sorship program. The govern-

ment has often derailed potential

suits by delivering mail to in-

dividuals who threatened to sue.

For example, when the Ameri-

can Friends Service Committee

threatened to sue over the con-

fiscation of a British pamphlet

on Guatamala, the Post Office's

chief lawyer hurried to a com-

mittee meeting in Philadelphia.

There he promised drastically to

curtail confiscation of mail from

non-Iron Curtain countries, if the

Committee would not sue.

Soviet: publications mailed to

the Chicago Council for Amer-

ican-Soviet Friendship were de-

livered last year after ACLU at-

torneys indicated they were pre-

pared to file suit.

Suit First of Series _

The case is the first of a series

of suits to be filed within the

next few months in state and

federal courts in Chicago, New

York, California, and Washing-

ton, D.C., with the purpose of

eventually obtaining a square rul-

ing from the United States Su-

preme Court on the legality of

the censorship program.

Since the Post Office has re-

fused to deliver "Czechoslovak

Woman" and "Czechoslovak

Youth," there is no way of know-

ing the precise content of these

issues of the magazines. But it is

believed that the magazines are

similar to a magazine called "So-

viet Woman," which a customs

official described to the Un-

American Activities Committee

in these words as an example of

the kind of menace from which

the government was protecting

American citizens:

"The general line of this maga-

zine is the struggle of the wom-

en for equality. Women in capi-

talistic countries are paid much

less than men. Soviet women are

paid better than anywhere in the

world. It stresses the need for

international friendships of peo-

ple. The visit of Bulganin to Eng-

land was a turning point in inter-

national relations. The women

of Hiroshima demand banning of

atom and H-bombs; care of chil-

dren in the U.S.S.R."

Purpose Of Suit

The purpose of the ACLU law-

suit is to force federal officials to

STED

recognize their constitutional

duty to deliver even mail criti-

cizing the United States and let

each citizen decide for himself

what is propaganda and what is

truth. It is hoped that the suit

will have the added effect of fo-

cusing public attention and de- -

bate on a massive government

censorship operation which has

persisted almost unnoticed by the

press and the public for nine

years.

The inconsistency between the

practices of postal and customs

officials and the recognition of

constitutional rights by other

federal officials is underscored

by these remarks of the United

States representative at the UN

Committee on Freedom of Infor- -

mation:

"Freedom of information is the

right of every person to have ac-

cess to all available facts, ideas

and opinions regardless of source,

and not only to the information

approved by his government or

any party. It is his right to test

the official pronouncements of

his government against the opin-

ions of his fellow citizens, and

those held by other peoples. ...

It is his right to communicate

freely with his fellow citizens,

and with those of other nations.

. This is the absolute test of

democratic government. To the

extent that exercise of this free-

dom is not free, no other liberty

is secure."

Pamphlets

for Sale at..

ACLU Office

The following pamphlets are

available at the ACLU office, 503

Market St., San Francisco . 5,

Calif., at the prices indicated.

Mail orders accepted if accompa-

nied. by payment:

Academic Freedom and Academ-

ic Responsibility-A statement of

principles concerning the civil

liberties of teachers in. public

-and private schools, colleges and

universities, published by the

`ACLU. 16 pages. Price 10c.

Academic Freedom and Civil

Liberties of Students-Published

by the American Civil Liberties

Union. 12 pages. Price 10c.

A Labor Union "Bill of Rights,"

Democracy in Labor Unions and

The Kennedy -Ives Bill - State-

ments by the American Civil Lib-

erties Union. 31 pages. Price 35c,

Biennial R e p or t- American

Civil] Liberties Union of North-

ern California - June 1956 - June

1958. 28 pages. Free to members.

Price to `non-members, 25c.

Loyalty and Security in a De-

mocracy-A Roundtable Report.

Public Affairs pamphlet. 28

pages. Price 25c.

Religion and the Free Society.

Articles by William Lee Miller,

William Clancy, Arthur Cohen,

Mark DeWolfe Howe and Maxi-

milian W. Kempner. Published

by The Fund for the Republic.

107 pages. Price 50c.

Religion and the Public Schools,

by Marvin Braiterman. Published

by the Commission on Social Ac-

tion of Reform Judaism. 73 pages.

Price 35c.

Secret Detention by the Chica-

go Police-A Report by the

American Civil Liberties Union,

ae Division. 47 pages. Price

iL,

The FBI, by Fred J. Cook, spe-

cial issue of The Nation. 79 pages.

Price 50c.

The Past Is Prelogue-38th An-

nual Report of the national] AC-

LU-July 1, 1957 to June 30, 1958.

112 pages. Price, 75c.

The People's Right to Know-

A report on Government news

suppression, by Allen Raymond.

Published by the American Civil

Liberties Union. 48 pages. Price

35cente.

When Congress Investigates-

By Alan Barth. Public Affairs

pamphlet. 28 pages. Price 25c.

University of California

Campus Meeting

Policy Affirmed |

By Chancellor

On March 25, Chancellor Glenn E. Seaborg, of the Uni-

versity of California at Berkeley affirmed a 1940 ruling of

former President Sproul that recognized campus groups in

using University facilities may: not concern themselves with

off-campus issues.

The pertinent part of Dr.

Sproul's statement of November

14, 1940, reads as follows:

"No individual student or stu-

dent organization can be granted

the use of University facilities to

carry on propaganda for or

against a cause or movement hav-

ing no direct concern with stu-

dent affairs on campus. Student |

organizations with outside affilia-

tions requiring promotion of spe-

cific causes or movements, there-

fore, should not be given official |

recognition by the student gov-

ernment. Students who partici-

pate in such causes or movements

off campus, should do so as pri-

vate citizens and must not cloak

their activities under the name of

the University, or give any direct

or implied impression that they

represent the University or any

agency of the student association.

Neither should the student asso-

ciation participate in or authorize

participation by others in off-

campus controversies having no

direct connection with on-campus

affairs. In' determining whether.

or not action of this type should

be taken the students should first

consult with the President's rep-

resentative in such matters, a.e.,

at Berkeley and Los Angeles, the

Dean of Undergraduates."

Origin of Problem

Dr. Seaborg's affirmation of

Dr. Sproul's policy resulted from

efforts of a recognized -campus

organization called SLATE to

hold a meeting on campus in

support of a Berkeley ballot pro-

posal to ban racial or religious

discrimination, in the sale, rental -

or leasing of private housing.

Hurford Stone, Dean of Students,

ruled that the meeting could not

be held because it violated a

penal section of the State Educa-

tion Code (Sec. 20220) prohibit-

ing use of the University's name

without permission of the Re-

gents. "Under the statute," said

he, "and the general limitations

upon the University engaging in

political activity, recognized Uni-

versity organizations may not, as

such organizations, take positions

on political and related contro-

versies, ..."

Attorney General's Opinion

In an informal opinion secured

by Assemblyman John A. O'Con-

nell of San Francisco, the Attor-

ney General ruled that "SLATE

is not using the name of the Uni-

versity of Cailfornia and neither

Sec. 20220 of the Education Code

nor the fact that the organization

is recognized are sufficient to

prohibit it from engaging in off-

campus political activity." A

formal opinion was requested by

Assemblyman O'Connell on April

2nd.

In the meantime, the ACLU's

Board of Directors authorized ap-

`pointment by Chairman John

Henry Merryman of a special

committee to examine into the.

entire matter. At its meeting, the

Board expressed dismay at a rul-

ing which prohibits a campus

meeting by a recognized student

group because it intended to

state its position on an off-

campus issue. Chancellor -Sea-

borg has agreed to meet with this

committee and an effort is now

being made to work out a meet-

ing time.

Stone's Action Endorsed

Chancellor Seaborg's statement

of March 25 endorsed the action

of Dean Stone in refusing to al-

low SLATE to hold a campus

`meeting on March 11 in support

of Proposition C. ". . . the Uni-

versity rules and regulations

referred to under the term, `gen-

eral limitations upon the Uni-

versity engaging in political ac-

tivity, were adequate grounds

for denial of that meeting," said

he. But, in what way was the Uni-

versity engaging in political ac-

tivity? The, proposed political ac-

tivity was not by the University

but by an organization called

SLATE, -

As for the main ground. on

which Dean Stone had denied the

SLATE meeting, this was swept

aside by Chancellor Seaborg in

ithe following language: "It is un-

necessary to debate the applica-

tion of Education Code Section

20220 in this situation. I am ad-

vised that parts of the Code may

be unclear. Present University

rules and regulations do not per-

mit meetings of the nature re-

quested.

Sproul's Sweeping Policy

President Sproul's 1940 state-

ment seems to be so sweeping in

its terms in prohibiting "student

association participation ... in

off-campus controversies .. ."

that its affirmation would appear

to strike down Rule 17 which al-

lows the discussion of off-campus

controversial issues under cer-

tain conditions. Yet, without at-

tempting to amend or modify

President Sproul's policy state-

ment, Chancellor Seaborg's re-

cent statement supported Rule

17 and called attention to the fact

that during the current year "104

off-campus or non-University of-

filiated speakers" had discussed

a variety of views on many is-

sues, including a symposium

"which presented outside speak-

ers pro and con Proposition

Cc." The SLATE meeting

with respect to Proposition C,

he noted, would have been "`parti-

san" in its nature. President

Sproul's ruling, however, does

not draw a distinction between

"partisan" and "non-partisan"

meetings. It speaks of "off-

campus controversies having no

direct connection with on-campus

affairs." It is difficult to under-

stand how the University can re-

tain Rule 17 unless it modifies

Dr. Sproul's statement.-E.B

Nominating

Comm. Appointed

By Dr. Merryman

Dr. John Henry Merryman,

chairman of the ACLU Board of

Directors, on April 2 appointed

the following nominating com-

mittee: Two board members-

Fred H. Smith, IV, chairman, and

Helen Salz; three non-board mem-

bers - Mrs. Majorie Brush, ex-

ecutive secretary of the Cerebral

Palsy Association of San Fran-

cisco; Richard Frank, business- .

man; and, Dr. Harold Winkler,

president of Pacifica Foundation.

The terms of ten board mem-

bers expire next October 31.

Seven of these persons are eli-

gible fo r re-election. (The name

of Zora Cheever Gross was inad-

vertently omitted from this list

in last month's issue of ithe

NEWS.) Board members Seaton

W. Manning, Theodosia Stewart

and William M. Roth, whose

terms expire on October 31, are

not eligible for re-election be-

cause they have served two suc-

cessive three-year terms. They

again become eligible for election

in a year.

Membership

Drive Now

In Full Swing

"We're doing about the same

as we did last year.''-that's the

word from Chairman Zora

Cheever Gross on the branch's

25th anniversary membership

drive, which is now in full swing.

Incomplete returns, as of April

24, showed a total of 220 new

members and $1,647.49 realized

so far. At this same date last

year, the new-member total was

221, while money returns were

$1,745.50-about $100 more than

this year .

Coming Campaign Events

Four area meetings still to

come were expected to help the

drive considerably. So were the

returns from various areas which

still hadn't completed their cam-

paigns.

Walnut Creek, Butte County,

Berkeley and Sacramento were

the areas still to hold meetings

by News deadline time. Mean-

while, the Oakland campaign was

just getting underway.

Berkeley

Main event of the Berkeley

membership drive will be a gar-

den party on May 17, Mrs. Leon

Lewis, area chairman `announced.

Speaking informally will be Alan

Barth and Ernest Besig. Barth,

an ACLU national committee-

man, noted author and journal-

ist, was main speaker at the

branch's anniversary meeting

last November. Hour and place of

the meeting were still to be an-

nounced at this writing.

Walnut Creek

Mrs. Charles Chase and Mrs.

R. L. Betzenderfer planned Con-

tra Costa County's big campaign

event, a wine-tasting party held

in Walnut Creek on April 26.

Director Besig was the featured

speaker at the affair in the Chase

home.

Assisting the Walnut Creek co-

chairmen and their families were

Walnut Creek Councilman and

Mrs. Douglas Page and Mrs. and

Mr. and Mrs. Robert B. Mosley.

Butte County ;

As announced in last month's

News, Paul Finch, Butte County

chairman, scheduled a meeting

for April 30 in Chico and helped

plan other county events, includ-_

ing a speaking engagement for

Director Besig at a Gridley Ro-

tary Club luncheon that same

day.

Mr. and Mrs. Joseph Gunter-

man were in charge of Gridley

arrangements. Also working with

Finch and the Rev. Leon Thom-

son of Oroville, were Dr. Hoyt

Jackson, Chico, and other Butte

County leaders. :

Peninsula

Mrs. Harry J. Lewenstein,

chairman for the Redwood City-

San Carlos-Woodside area is go-

`ing ahead with plans for a drive

meeting on May 24. Dr. Julian R.

_ Friedman, a branch board mem-

ber_and assistant director of pub-

lic health at the University of

California School of Public

Health in Berkeley, will be the

speaker. :

A social event also, the Penin-

sula affair will be a swimming

and wine-tasting party. Hosts will

be Dr. and Mrs. Henry Mayer of

Woodside. Assisting Mrs. Lewen-

stein are the Mmes. William Dor-

rance, Julian Polon, Marvin Rich-

ards and Milton Millard.

Sacramento

State Attorney General Stanley

Mosk, who spoke at an ACLU

membership drive meeting in

Palo Alto on April 17, will ad-

dress a dinner meeting for the

branch in Sacramento on October

14. Mrs. Wilson Record is area

chairman.

" Earlier Events

Earlier campaign meetings,

previously announced, brought

out hundreds of members and

prospects. They also marked the

first time that ACLU made a con-

certed effort in Humboldt and

Sonoma Counties.

Also new this year was a "dor-

mant" drive - an effort to re-

enlist the support of lapsed mem-

bers. Renewals this month indi-

cate it is a success, Mrs. Gross

reports.

Police Harassment

Young Artist

Police harassment of residents of the North Beach area

in San Francisco is demonstrated by the recent experience

of William Bosia, 21, a young artist, who claims police told

him, "We're going to get you every week until you get a hair- -

cut, shave and put on a suit and tie."

And, they did "get" Bosia-

three times in the space of one

week. Twice he was arrested as

a vagrant, and once for being

drunk.

First "Vag" Arrest

The first vagrancy arrest oc-

curred on March 14. On March

16, Judge Eymann dismissed the

charges when he discovered that

Bosia was an artist, had a resi-

dence in North Beach, recently

sold a painting and had money

in his pocket and in the bank.

Six hours after being released

on the vagrancy charge he was

picked up at about 5 o'clock in

the evening of March 16 as a

drunk. He had played chess most

of the afternoon, and half a dozen

witnesses testified that he wasn't

drunk. Nevertheless, the Judge

believed the arresting officer and

gave Bosia a 30-day suspended

sentence.

Second "Vag" Arrest

On March 20, `at 10:30 o'clock,

Bosia had just left the Coffee

Gallery on Grant Avenue when

a police officer said, "Come with

me, I want to talk to you." Bosia

was told to get into a nearby

police car where he was ques-

tioned by the officers as to his

name, address, occupation, the

last time he had sold a painting,

Police Brutality

Victim Acquitted

of `Drunk' Charge

Wallis Smith,.a Negro resident

of Oakland, who was brutally

beaten `and seriously injured on

February 19 (See April News)

by members of the Oakland

police force, who then charged

him with having been "drunk,"

was found not guilty of the

charge after a two-day trial by

Judge William W. Hoffman of

the Alameda County Municipal

Court. z

In addition to his own testi-

mony Smith was supported by

_ five witnesses who had been with

him immediately prior to the.

arrest and by a witness who had

been with him immediately upon

his imprisonment in the City

Jail. All testified that Smith was

sober.

The first five witnesses testi-

fied substantially to the effect

that based upon observation of

Smith as he drove his automobile,

talked, walked, and behaved gen-

erally, they were of the opinion

that he was perfectly sober and

had not had any alcoholic bever-

age whatever to drink. The final

witness testified that he and

Smith played four or five games

of checkers together in the jail

cell they shared and that Smith

was sober. Smith was represented

by ACLU staff counsel Albert

M. Bendich. Smith will now seek

damages for his false arrest and

physical injuries.

Contributions to ACLU

During the past month, the

ACLU received $75 from various

persons in memory of Mrs. Don-

ald M. Sanford of Lafayette.

Also, a contribution of $25 was

received for the Daniel L. Boyd

Memorial Library. Fund.

The ACLU also wishes to re-

port contributions of $1000 and

$900, respectively, from the San

Leandro Methodist Church and

the First Unitarian Church of

Berkeley towards the expenses of

the tax exemption loyalty oath

test suits.

how much he got for it and

whether he had any money. He

had $40 in Travellers'. check on

his person, and he had sold a

painting for $200 a month before.

' that. He was also working on a

painting for which he was to get

a fee. He also had a bank book

showing money in the bank. Also,

he has a father living in San

Francisco who is willing to help

him financially at any time.

Three Charges

At the police station he was

booked under three sections of

the vagrancy law: 1. Asa person

without visible means of living,

who then and there`had the phys-

ical ability to work, and who did

not seek employment, nor labor

when employment was offered to

him. 2. As a person who roams

about from place to place without

any lawful business; and, 3, As

one who wanders about the

streets at late and unusual hours

of the night, without any visible

or lawful business.

Bosia protested that vagrancy

charges against him had been dis-

missed only four days before and

if he wasn't a vagrant then, cer-

tainly he hadn't become a vagrant

in the short space of four days.

It was then that an officer is al-

leged to have said, "We're going

to get you every week until you

get a haircut, shave and put on a

suit and tie."

D.A. Dismisses Charges

When the case came up for a

hearing it was continued to late

in the afternoon and then, at that

time, it was transferred from the

Hall of Justice to the City Hall

for a hearing at a subsequent

date. At the appointed time,

- Bosia appeared with his witnesses

but the District Attorney who

had assured ACLU staff counsel

that he was going to try the case,

proceeded to dismiss the charges

for lack of evidence.

In all three of the foregoing

instances, Bosia was put to the

expense of paying a bail bonds-

man.

The action of Deputy District

Attorney and Judge is typical of

official efforts to discourage

trials of vagrancy cases. Such

trials slow the work of the court,

so anyone who has the audacity

to call witnesses finds himself

making time-consuming visits to

court before the case is finally

heard and disposed of.

ACLU Complains To Chief

The ACLU, in a letter signed

by Ernest Besig, local Executive

Director, asked Chief of Police

Thomas J. Cahill to investigate

the harassment. of Bosia. Also,

the ACLU put the Department

on particular notice concerning

the activities of arresting Officer

Bigarani. "We have received re-

peated complaints," said the let-

ter, "about his lawless enforce-

ment of the law. We respectfully

urge that appropriate action be

taken to require Officer Bigarani

te abide by the law which he is

sworn to enforce."

In acknowledging receipt of the

complaint, the Chief's office de-

clared "This matter will be in-

vestigated by us, and if `the stated

charges are substantiated by the

facts you will be advised." Of

course, nothing further has been

heard about the matter. Indeed,

the Department has never ad-

mitted to the ACLU that it was

wrong in any case.

ACLU NEWS

May, 1959

Page 3

ACLU Presses for Fair

The national office of the

Atomic Energy Commission last

month informed the ACLU that

"Tt is not the practice of the Com-

mission to discourage the pres-

ence of legal counsel at informal

interviews. We have no objection

to the individual's desire to be

represented by legal counsel at

any stage of the proceedings,

whether formal or informal."

The question of right to coun-

sel arose when the San Francisco

Operations Office of the Commis-

sion last February very grudg-

ingly allowed counsel to be pres-

ent while a sworn statement was

taken from a University of Cali-

fornia Radiation Laboratory em-

ployee concerning a_ security

clearance problem.

Representative Discouraged

Indeed, when the AEC security

officer was first informed that

counsel would be present during

the interview he objected most

strenuously and the interview

was postponed while the local

AEC decided what it wanted to

do. Finally, it consented to coun-

sel being present but commented

that the request was "unusual."

When counsel did appear, he was

taken aside and lectured by an

annoyed security officer as to

the limited nature of his partici-

pation in the interview.

ACLU contends that the Com-

mission's regulations should spe-

cifically provide that an employee

may have counsel at the so-called

informal interview, if he chooses.

That point will continue to be

pressed in view of another com-

plaint about the procedures of

the Commission's security offi-

cers.

New Complaint

The most recent complaint is

Why Cong. Clem

Miller Is An |

ACLU Member

Following is a statement from

Congressman Clem Miller of the

First District, prepared for the

Santa Rosa ACLU meeting on

April 8, telling why he is a mem-

ber of the ACLU:

In this age when government

grows larger and more imper-

sonal; when the dimensions of

our economic units grow more

formidable, it is essential that

the guarantees of the Bill of

Rights be more jealously guarded.

This task, difficult and arduous,

has been the sole function of the

American Civil Liberties Union.

Civil Liberties cases are seldom

popular, and seldom receive the

assistance necessary to their pros-

ecution. Hence, if there were no

ACLU, one should have to be in-

vented. For it is only by a stout-

hearted defense of the rights of

even the least popular among us,

that our individual pedestrian

ways of life are protected.

This is the simple reason why

I have been a member of ACLU

all of my adult life, and shall re-

main a member in the future.

"Tropic of Cancer"

On March 10, 1959 the Bureau

of Customs instructed the New

York Collector of Customs to re-

lease to Dr. Clark Foreman a

copy of the "Tropic of Cancer"

by Henry Miller, which had been

taken from Dr. Foreman last Oc-

tober 1 by Customs Inspectors

when he `returned to the United

States from a trip to Europe.

This action was taken pursuant

to "the discretionary authority

provided for in section 305 of the

Tariff Act of 1930." Some years

ago, the Federal Court of Ap-

-peals in San Francisco upheld

the seizure of the "Tropic of Can-

cer" and the "Tropic of Capri-

corn" in a case supported by this

branch of the ACLU. Of course,

this was prior to the U. S. Su-

preme Court decision in the Roth

case which clarified the law in

obscenity cases.

ACLU NEWS

May, 1959

Page 4

' represented by counsel,

that the AEC uses employers to

secure the attendance of employ-

ees at "informal interviews"

where statements are taken un-

der oath. In the particular case,

a telephone call was relayed to

the employee to report to the

AEC in Oakland at a given time

and no explanation was offered

as to why the visit was required.

In fact, the message was obvious-

ly garbled. This is the usual pro-

cedure followed by the AEC.

In a letter to E. C. Shute, man-

ager, San Francisco Operations

Office of the AEC in- Oakland,

the ACLU declared: "...it seems

to us that the employee should

be informed as to the purpose of

the request and of his right to be

if he

wishes. Employees are certainly

not at the beck and call of the

Atomic Energy Commission, al-

though the attitude was ex-

pressed to me by your office that

`People don't have to work for

the Atomic Energy Commission.'

I am under the impression, of

course, that such persons are em-

ployed by contractors and not by

the AEC. They certainly are un-

der no duty to submit to ques-

tioning under oath, etc., by AEC

representatives in your office.

Proper Procedure

in any case," the letter con-

tinued, "it would seem to us that

Public Workers

Right of

Organization

Supported

The national office of the

American Civil Liberties Union

declared last month in a policy

statement that government em-

ployees should have the right to

form or join labor organizations

of their own choosing. :

The civil liberties organization

opposed a blanket prohibition on

the right of public employees to

strike, declaring that work stop-

pages should not be barred ex-

cept where "maintenance of un-

interrupted service is essential to

the community." In such cases,

the ACLU said, limitations of the

right to strike "are fully defensi-

ble only if and when adequate

machinery for handling employer-

employee relations has been es-

tablished."

In the third section of its five-

page report, the ACLU asserted

tthat where governmental units

have entered into union shop

agreements with organizations of

government employees, no viola-

tion of civil liberties exists. Not-

ing the Taft-Hartley Act's allow-

ance of a union shop and the AC-

LU's earlier non-objection to the

union shop in private employ-

ment, the statement said: `We

are unable to discern in public

employments any element that

would warrant a different con-

clusion with respect to govern-

ment workers, so long as the prin-

ciples embodied in the present

federal law are scrupulously ob-

served."

The policy statement, adopted

by the ACLU's National Board of

Directors after a year's study by

the group's Labor Committee,

emphasized that the ACLU was

only commenting on the civil lib-

erties questions raised by the

self-organization of public em-

ployees. "We are not concerned

with the wisdom of such organi-

zation, nor with the political or

economic aspects of the matter

except as they may be elements

of . . . civil liberties problems

..., the statement said.

In approving the statement, the

national board noted that cam-

paigns to organize public em-

ployees had been announced by

several unions in various cities

in the nation and that it was re-

leasing its statement in order to

assist the public to understand

the civil liberties questions aris-

ing from these drives.

investigative Procedures by AEC

the proper way to handle such a

request would be by written invi-

tation to the employee in which

the purpose of the interview. was

clearly stated and in which his

rights were explained." As yet,

no response has been received

from the local AEC.

Seek Dismissal

Of Four Counts

In Hartman Case

A motion to dismiss four of the

seven counts of Louis Earl Hart-

man's (Jim Grady) indictment

for contempt of Congress was

argued before Federal District

Court Judge Albert Wollenberg

on April 23 by ACLU volunteer

attorney Hartly Fleischmann and

staff counsel Albert M. Bendich,

who contended that three of the

counts were so vague and indef-

inite that they could not support

a criminal charge, especially

since the charges were based on

speech.

The indictment stems from

Hartman's refusal on First

Amendment grounds to answer

questions put to him by the

House Committee on Un-Ameri-

can Activities in the course of

its San Francisco hearings of

June, 1957. Three of the counts

are based upon, questions refer-

ring to "activity . .. designed to

embarrass the United States in

its foreign policy,' "Propaganda

activities' and a "campaign of

propaganda." Counsel for the

Government contended that the

terms "propaganda" and "embar-

rass" were commonly understood

and there was nothing vague or

indefinite about the standard of

criminality of the charges. Thus,

he argued, "embarrass" connotes

impeding or upsetting some per-

son or action or movement: "pro-

paganda" means the systematic

exposition of ideas intended to

influence opinion to help one

side or another.

The ACLU countered by indi-

cating that in every American

political contest, in every elec-

tion campaign, it is precisely the

objective of each contending side

systematically to set forth ideas

to influence opinion in its favor,

and to attempt to impede and up-

set either the incumbent or an

opposing person or movement.

Since the indictment counts as

defined by the Government itself

include speech which obviously

is immune from Government in-

fringement under the First

Amendment, it followed, the

ACLU contended, the guarantee

of the Sixth Amendment that

persons accused of a crime must

be informed of the nature of the

offense charged was violated.

Two of the four counts were

objected to on grounds of remote-

ness sinde based on questions re-

ferring to events in 1947" and

1949, eight to ten years) prior to

the Committee hearings and

therefore too remote to support

any valid Congressional inquiriy.

Judge Wollenberg took the mo-

tion under submission. He has

previously denied a motion to

dismiss filed by Hartman's pre-

ACLU attorneys based upon,alle-

gations that the Committe had no

jurisidiction because of its vague

mandate from Congress as had

been implied by the famous Wiaat-

kins decision. .

Hartman's trial has been set

for June 11.

Fewer Witches Burned

"For if too many people are

over-relaxed, far fewer than in

the past are over-tense. If fewer

dreams are being dreamed, far

fewer witches are being burned.

Never before, in any comparable

menacing hour in this century,

for example, has national discus-

sion over what ought to be done

been so free of the `either-or'

mind. (This was the mind that

used to want to call the police

or the FBI when the neighbor

disagreed.)"-William S. White.

Freedom for All

The American Civil Liberties Union is a non-profit organ-

ization dedicated to the defense of constitutional freedoms.

In all instances where it intervenes, it defends the liberty,

not the individual involved. Result: It sometimes finds it-

`self at the side of a detested person or an unpopular cause.

You do not have to agree always with the ACLU-as its

board members do not always agree among themselves-in

order to recognize its worth. This newspaper has disagreed

with its position on occasion, and perhaps will again.

The important fact to be remembered is that freedom is

indivisible and that the ACLU, by defending the liberty of

one, is defending the liberty of all. For this reason we wish -

prosperity to the current campaign of the ACLU's Northern

California chapter to add 1,000 members to its rolls--San

Francisco Examiner, April 17, 1959.

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Card-Carriers |

For Civil Liberties

The American Civil Liberties Union, Northern California

branch-organized in 1934 to protect constitutional rights

then being trampled upon in the counterplay of restive labor

and overzealous police-is observing its silver anniversary,

marking a quarter century of vigorous endeavor in behalf of

the freedoms granted by the Bill of Rights.

The observance takes the form of a membership cam-

paign, a drive for 1000 new members to augment the 4000

already enlisted in the battle. Because the price of liberty

is somewhat more than eternal vigilance-it also entails ex-

penditures for office space and staff and counsel and print-

ing and .postage-the ACLU needs money and obtains it

through membership fees and contributions. -

Thus it is able to undertake many and varied battles,

which win commendation, and sometimes excite bitter hos-

tility. For the ACLU acts wherever and whenever civil liber-

ties are menaced through mass hysteria or group pressures

or prejudice, no matter how unpopular the cause, regardless

of the person's race, religion, politics or economic status.

_ Thus, the ACLU has gone to court in behalf of labor un-

ions whose right to organize or picket is challenged, of

churches whose tax exemptions have been made contingent

on loyalty oaths; of minority groups oppressed through big-

otry. In wartime, it fought against discriminatory measures

taken against citizens of Japanese ancestry. It interceded

for Jehovah's Witnesses with conscientious objections to

saluting the flag. It defended the traffic committee of the

Chamber of Commerce whose members were held in con-

tempt for criticizing judgments of the traffic court. And

while it was protecting "left-wingers" against excesses of

legislative committees and security officers, the national

organization was upholding freedom of speech in behalf of

Fulton Lewis, Jr., and the local branch was demanding the

use of a school auditorium for Gerald L. K. Smith.

Therein lies the universal usefulness of this organization.

It labors in a field where one man's freedoms are everyone's

freedoms. For no man is secure under the Constitution if his

neighbor can be falsely arrested, or denied due process, or

denied guaranteed civil liberties under whatever guise or

claim of expedience.-San Francisco Chronicle, April 12, .

;

1959. :

mk Ok

ACLU and Freedom

The American Civil Liberties Union of Northern Cali-

fornia in the 25 years of its existence has sprung instantly to

the defense of countless individuals, of varied racial and

political complexion, whose fundamental rights as Americans

and human beings have been challenged.

The preservation of these rights in the case of just one

person strengthens the constitutional safeguards all of us

enjoy as part of our American heritage. '

The ACLU is seeking 1000 new members. Success of the

campaign will strengthen this organization mightily in its

day-to-day battle against the erosion of precious liberties.

The broad base of community support upon which the ACLU

has rested in the past encourages us to believe in the success

of it 25th anniversary campaign.-San Francisco News,

April 10, 1959. oo

The first right of a citizen

is dhe aight JOIN TODAY

To be responsible. ; 151

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

Patron Membership ". 25.4.0. 95.05. 5 350 $100

Sustaining Membership ...5 2... 50

Business and Professional Membership .............. 25

Family Membership 23 6 12

Annual Wembership ... 50... 6

Junior Membership (under 21)-=.... 7.2.79 2

AGI News Subscription.) 30 6 $2.00

NAME G23 0

ADDRESS, 22.52; Reels ei este spas cue se oe ees

TELEPHONE NUMBER] 7 AMin ENGE@SED... 4

503 Market Street

San Francisco, 5