vol. 24, no. 8

American

Civil Liberties

Union

~ Volume XXIV.

San Francisco, California, August, 1959

Number 8

Witch-Hunt Victim

Louis Hartman

Convicted of -

Contempt

Louis Earl Hartman, 44, former San Francisco radio

commentator, was convicted of contempt of Congress in the

Federal court in San Francisco on July 27, fined $100 and

sentenced to six months in jail by 83-year-old Judge Michael

J. Roche for refusing to answer seven questions of the House

Committee on Un-American Acti-

vities.

1

Report On August 3

Judge Roche grudgingly with-

drew the sentence and referred

the matter to the probation of-

fice for a report on August 3

after counsel argued Hartman

should be considered for proba-

tion because he was not a danger-

ous criminal, was married and

the father of four children and

had never before been convicted

of any criminal offense. It seems

pretty clear, however, that after

_ the probation report is received

the Judge will again impose his

announced sentence.

Known to Bay radio listeners

as "Jim Gradey," Hartman was

suspended from his broadcaster's

job by Station KCBS immediate-

ly after his refusal to answer

the political questions of the

Waiter Committee at its hearings

in San Francisco in June, 1957.

Relied On First Amendment

Hartman was the only witness

out of a total of twenty-nine un-

cooperative witnesses who re-

fused to invoke the privilege

against self-incrimination. In-

stead, Hartman relied on the

First Amendment and the Wat-

kins decision, decided by the U.S.

Supreme Court two days before

he appeared before the Commit-

tee. Many persons had interpreted

the Watkins decision as indicat-

ing that the high court in a

proper case would hold that the

Committee's mandate from Con-

gress was insufficient to carry on

its investigation.

At the court hearing, the Goy-

ernment's case consisted essen-

tially of the transcript of the

June 1957 hearings, and the tes-

timony of Frank S. Tavenner,

chief counsel of the Committee

since 1949.

' Report From William Wheeler

Tavenner testified that the

Committee had known nothing

of Hartman until late in May,

1957, after the San Francisco

hearings had already been of-

ficially authorized. Then, a tele-

phone call from William Wheeler,

West Coast Committee Investi-

gator, advised them that a report

on Hartman was being forwarded.

The report was received by the .

Committee on May 29, 1957.

Objections Voiced

ACLU defense counsel Hartly

Fleischmann and Albert M. Ben-

dich objected to the introduction

of the report when it was of-

fered into evidence. They argued

it was unsigned, unsealed, anon-

ymous as to sources, possibly

based on illegally procured in-

formation and incompetent un-

less properly identified by the

person or persons who made it.

The objections were overruled

by Judge Roche and the report

was admitted into evidence. It

indicated that Hartman had al-

legedly been a member of the

Communist Party for eleven

years and that he had participat-

ed in the affairs of such groups

as the Civil Rights Congress, the

California Labor School and the :

Sobell Committee, and had re-

ceived political literature at his

home such as the "People's

World."

Defense Motions Denied

Defense motions for the pro-

duction of Wheeler for cross-

examination were denied, as

were motions for the production

of the Committee's files (which

would have shown, it was alleg-

ed, either that all information

reasonably necessary for legit-

imate legislative purposes was al-

ready in its possession, or that it

had no information which could

justify infringing free speech

and that in either case exposure

for exposure's sake was the Com-

mittee's true and illegitimate -

purpose). Apart from _ the

"Wheeler report," there was no

evidence linking Hartman to any

of the Committee's purposes.

Committee Uninformed

Tavenner explained that the

Committee knew nothing about

the workings of what he termed

the professional cells of the Com-

munist Party in Berkeley, where

Hartman resided, and felt, there-

fore, that it should investigate to

see whether any Congressional

action might be needed.

Protected Area Of Speech

_The defense argued that an in-

vestigation in the protected area

of speech and association could

not be justified under the First

Amendment on such reasoning

which was really tantamount to

abridging civil liberties on the

pretext of seeing whether they

should be abridged.

An appeal will be taken to the

Court of Appeals of the Ninth

Circuit.

High Court Voids

Crime Comic Ban

By Los Angeles.

While the public furor over ~

crime comic books appears to

have subsided in California, the

courts are still mopping up after

over-eager leglislators. On June -

24, the California Supreme Court

outlawed a Logs Angeles county

ordinance banning the sale of

crime fiction comic books to any

child under the age of eighteen.

Free Press Issue

In a unanimous decision, the

court found that Los Angeles had

not made a showing of a "clear

and present danger of a substant-

ive evil justifying the suppres-

sion of the Constitutional guaran-

tee" of freedom of the press, An

adverse decision by Superior

Court Judge John K. Otis had

been appealed to the Supreme

Court by the Sunset News Co.

and independent magazine dis-

tributors, The ACLU filed a

"friend of the court" brief in the

case,

"The record fails to show,"

said the court, "that there is a

clear and present danger that the

circulation of crime comics in

general will injure the character

of persons under the age of 18

years and inculcate in them a

preference for crime." .

Farewell Bugs Bunny

It said the ordinance is "entire-

ly too uncertain" - so much so

that it could even: Ban "Bugs

Bunny" books in which the rab-

bit steals some diamonds, or a

classic comic book based on

Robert Louis Stevenson's `""Treas-

ure Island." Force parents, doc-

tors, dentists and barbers to

check every page of books they

hand to child clients, to make

sure no criminal matter is "hid-

den innocuosly away' therein.

The court found many other

grounds for striking down the

ordinance, For example, it held

that it denied equal protection of

the laws because it exempted his-

torical events, newspaper ac-

counts and sacred scriptures

from its scope. The court said it

couldn't see why the history of

Murder, Inc. should be "any less

harmful" than certain cartoon-

_ ists' fantasy in crime.

The ordinance would have

banned crimes involving non-hu-

man creatures, too. And here, the

court noted, a comic book could-

n't even have a dog eating food it

found on a porch because that

would portray a theft by a non-

human character.

Condition of Probation

Judge Eyman

Orders Boy to

Attend Church

San Francisco Municipal Court Judge Andrew Jackson |

Eyman on June 23 ordered 17-year-old William J. Korpa to

go to church and be confirmed as conditions of two year's

probation. Korpa had plead guilty to a battery charge.

The conditions of probation were written on the back of

the complaint by the judge's

clerk, as follows:

"2 yrs. prob.

To report

See Priest

Go Mass

Be Confirmed"

Clarification Sought

On July 13, Ernest Besig, the.

Union's local director, asked.

Judge Eyman to clarify the mat-

ter. "I have never before known

of a case in which a California

court has required a defendant to

adopt a religion in order to stay

out of jail. In contrast," the letter

went on to say, "I recall the fol-

lowing language of Justice Jack-

son in West Virginia State Board

of Education vs. Barnette:

"If there is any fixed star in

our constitutional constellation,

it is that/no official, high or petty

can prescribe what shall be ortho-

dox in politics, nationalism, re-

ligion, or other matters of opin-

ion or force citizens to confess by

word or act their faith therein.' "

Seaman Granted

License After

ACLU Intervenes

The ACLU recently intervened

successfully in behalf of a sea-

man who on February 11, 1959,

without a hearing of any kind,

was deiiied a duplicate U.S. Mer-

chant Mariners Document to re-

place one which he had lost. The

decision was reaffirmed on April

8, 1959 "because of your prior

record, including convictions for

acts of moral turpitude."

The decision meant that the

seaman was barred from the in-

dustry.

In a letter to the Commandant

of the Coast Guard the `ACLU

declared it was not concerned

with the merits of the case. "We

are concerned, however," the let-

ter went on to say, "with the pro-

cedure that has been followed, in

effect, revoking the license of

the" seaman, "As you know, or-

dinarily there are hearings that

attend the revocation of licenses

because of misconduct."

The ACLU was thereafter ad-

vised that following a further re-

view of the case, "a duplicate

document will be authorized."

Dr. Henry Steele Commager to Address

25th Anniversary Banquet on Oci. 17

Noted historian Henry Steele

Commager will help ACLU of

Northern California celebrate its

25th anniversary by delivering

the principal address at an eve-

ning banquet, October 17, at the

Palace Hotel in San Francisco.

Dr. Commager's talk will cli-

max a day of activities including

the annual meeting and an after-

noon of workshops, which will ex-

plore current problems in civil

liberties. Mrs. Emily Skolnick,

chairman of the program com-

mittee, says "Dr. Commager's

talk promises to make our 25th

anniversary celebration a partic-

ularly successful and meaningful

occasion. He has long been an

effective spokesman for civil lib-

erties."

Professor of History and Amer-

ican Studies at Amherst College,.

Dr, Commager is well known for

his many books and writings in

professional journals as well as

"The Atlantic," "Harper's," and

"The Nation." He presently

serves on the National Committee

of ACLU.

He is editor-in-chief of "The

Rise of the American Nation," a

40-volume study now in progress.

In 1954, his book, "Freedom, Loy-

alty and Dissent" won a special

award from the Hillman Founda-

tion. During World War II, he

served on the War Department's

Committee on the history of the

war and in its behalf visited

Great Britain, France, and Bel-

gium,

Teacher

A member of Phi Beta Kappa,

Professor Commager received his

bachelor's, master's, and Ph.D. de-

grees from the University of

Chicago, He has been a faculty

member at New York University

and Columbia University. As vis-

iting professor, he has taught at

Duke University, Harvard Uni-

versity, the University of Chi-

cago, and University of Califor-

nia, He was Fulbright Professor

of American History at the Uni-

versity of Copenhagen in 1955-56.

He has held lecture chairs at

Boston University, University of

Virginia, Cambridge University,

Uppsala University and Oxford

University, where he is a Fellow

of Queen's College,

Best known of his books are

"Growth of The American Re-

public," "The Heritage of Amer-

ica," with Alan Nevins, "Majority

Rule and Minority Rights," "Liv-

ing Ideas in America."

The subjects to be discussed at

the workshops are "Censorship,"

"The House Un-American Activi-

ties Committee and Our Schools,"

"Church and State," and "Law

Enforcement and _ Individual

Rights." Three or four panel

members, chosen for their par-

ticular experience in each area,

will participate in each work-

shop. ACLU members will have

an opportunity to register by

mail for a workshop.

Serving on the program com-

mittee with Mrs, Skolnick, are

Mrs, Paul Holmer, Alice G, Hey-

neman, Fred H. Smith, IV, and

Theodore Baer, -

Further information about the

program will be contained in the .

next issue of the NEWS.

Judge Eyman telephoned Mr.

Besig upon receiving the letter

and said he couldn't remember

exactly what had gone on at the

hearing, although he had asked

the boy his religion and, because

he wanted to help the boy, he

had ordered him to go to church.

He claimed he couldn't remem-

ber ordering the boy to be con-

firmed, but he would check the

stenographic report and send a

en reply to the Union's let-

1.

Instead, Judge Eyman enlisted

the assistance of a San Francisco

Examiner reporter who proceed-

ed to publish a distorted account

of the matter. An enterprising

Chronicle reporter, however, did

check the court reporter's record

and here is what it showed:

Court Record

/ "The Court: Two years proba-

tion and one of the terms of pro-

bation is absolutely no drinking

of any kind. What church do you

go to? (c)

"Korpa: A Catholic church,

_ "The Court: When was the last

time you have been in church?

"A: Not in a long time.

"The Court: Another condition

is that you attend Mass every

Sunday morning. (Then to Kor-

pa's mother, who was in court.)

Will you go with him?

"A: Yes.

"The Court: You help him

keep that up.If he docsn't-carry

that out, why, I want to know. I

want a report from you within

30 days whether he's going to

church or not. (To the boy:)

What parish are you in?

"A: Star of the Sea,

"The Court: Go see the priest

in the morning and have a talk

with him, He may be able to help

you in this regard."

First Case

Chief Adult Probation Officer

John D. Kavanaugh is quoted as

saying it was the first time in his

many years of service that attend-

ance at church was made a condi-

tion of probation.

Mr. Kavanaugh said that the

directions to his office were that

the youth should be confirmed.

This was consistent with the

notes of Tom Kenny, Judge Ey-

man's court clerk. Just where the

court clerk got his information

is puzzling, because Judge Eyman

now claims his clerk was mis-

taken, and that the words "Be

Confirmed," which the clerk had

written on the back of the com-

plaint, merely meant that the

mother was to confirm to the

judge whether the boy wag at-

tending church,

Never Attended Catholic Church

The boy's father advised the

ACLU that his son had not only

never been baptised in the Catho-

lic church, but that he had never

attended a Catholic church. On a

few occasions, the father stated,

the boy had attended a Protes-

tant Sunday School,

Nevertheless, the father stated

that the parents had been mar-

ried at the Star of the Sea Roman

-Continued on Page 2

In This Issue...

Brown Vetoes Important Civil

Liberties Bill .......... p.2

Conviction of Kistler Upheld p.

L.A. Judge Rules Against

Civic Center Act `Oath'. .p. 3

Present Quota System in Imi-

migration Law Opposed. .p. 4

Restrictions on Park Forums

Protested ........-5.. p. 4

Right of Confrontation and

Cross-Examination Upheld p. 3

Two New Legal Efforts to

Test Power of HUAC ...p.3

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

`Go to Church or Jail'

Municipal Judge Andrew J. Eyman is, we believe, out of

line in making church attendance a condition of probation

for an 18-year-old youth convicted of battery. This is a re-

quirement of support or adherence to a religious faith as a

condition of staying out of jail.

Advising a youngster in trouble to go to church is some-

thing else, and may be a very good thing for him. But if Judge

Eyman can require this youngster to go to his own church,

what is to prevent another judge from requiring another man

to go to the judge's, not the defendant's church; or requiring

an atheist to go to church?

The fact that Chief Adult Probation Officer John D.

Kavanaugh could remember no precedent for such an order

indicates that other judges have been reticent to walk this

tight wire.-Editorial, San Francisco Chronicle, July 20, 1959.

The Court and Religion

When Municipal Judge Andrew Eyman ordered a young

man who had been involved in a street brawl to go to church

regularly as a condition of probation, we thought it was a

fine idea. `

We still do.

In disagreement is Ernest Besig, head of the "Avierican

Civil Liberties Union of Northern California. Mr. Besig

contends ``the state has no such authority."

But it does, and uses it every day.

A robber whose troubles stem from drink is given proba-

tion on the condition he refrain from drink, even though

there is nothing illegal about having a highball. A husband

involved in a marital disturbance is ordered to quit playing

the horses, although law-abiding citizens are going to the

track every day of the season.

One San Francisco judge once ordered five women of-

fenders to attend the movie, `The Ten Commandment."

Where has Mr. Besig been while all this was going on?

Terms of probation are a basic part of the process of

rehabilitation.

And we can't think of a better place to get rehabilitated

than in church.

You would dig pretty deep without finding anything sec-

tarian in Judge Eyman's order. He determined that the

youth was a Catholic and sent him to a Catholic church. The

judge himself is a Protestant and a Mason.

Ordering a prisoner to get religious treatment is social

action of the highest sort. Judge Eyman acted wisely. -

Editorial, San Francisco News, July 18, 1959.

Liberty of Conscience

The NEWS declares that a court has authority to require

a criminal offender to attend church as a condition of proba-

tion and argues that this is analogous to the usual conditions

that a probationer abstain from drinking and playing the

horses. It seems to me, however, that there is a distinction

and that the NEWS has overlooked a basic principle.

Our Constitutions guarantee religious freedom or "liberty

of conscience." That is a change from colonial times when

persons could be punished for not attending church. Virginia

inaugurated this change with a statute providing "That no

man shall be compelled to frequent or support any religious

worship, place, or ministry whatsoever .. ." So, in our State

today, the Constitution provides for "the free exercise and

enjoyment of religious profession and worship, .. ." The

U. S. Supreme Court has also declared that no person `can

be punished...

The NEWS seems to suggest that so long as a judge's

terms of probation are free from the taint of sectarianism

they are beyond question. I cannot agree. The State and

Federal Constitutions do not merely protect a person against

religious discrimination. They also guarantee liberty of con-

science and freedom to attend or not to attend church.

If an offender fails to fulfill the terms of his probation

by not attending church, he may be sent to jail for violating

probation. Does the NEWS accept and approve that conse-

quence? To be sure, the Judge in the case in question is now

quoted as saying that he wouldn't send the offender to jail.

If that be true, then attendance at church is not in fact a

condition of probation.

Certainly, the NEWS will admit that the ordinary citizen

cannot be compelled to attend church, even though it may

feel that church attendance is generally desirable. Does the

NEWS contend that a criminal offender may be treated

differently and, in the interest of rehabilitation, be required

to attend church? Is it suggested that religious `freedom and

the liberty not to attend church are lost once a person is con-

victed of an offense?

Neither our Constitutions nor the Courts have made such

an exception and religious freedom, including the attendance

or non-attendance at church, extends to all citizens, including

criminal offenders. I should hope that the NEWS would re-

consider its position in the light of this fundamental principle

of `liberty of conscience," including the right of `free exer-

cise" of religion Ernest Besig.

. Team of Three@

Charles Chase, Dr. David G. Edwards and William A.

Results of Spring Membership Campaign

(To July 21, 1959)

ZORA CHEEVER GROSS, Chairman Membership Campaign

New Subs. to Money

Members NEWS Rec'd

Berkeley - : Albany De ee 121 8 $ 786.50

Butte County ............- 14 1 91.00

Davis... ie 19 126.00

Diablo Valley ............. 28 167.00

Fremont -....-5...:. 42... ] 6.00

Fresno-Modesto-Stockton .... 4 1 35.00

Haywatd. 3. uk. 6 1 43.00

Eos Altos-Mt. View-Sunnyvale. 18 128.50

Marin County ............ 31 3 205.00

Menlo Park-Atherton ....... 7 1 52.00

Napa-St. Helena ........... 5 30.00

Oakland ..... 0.0. .6. oe 15 91.00

Palo Alto-Stanford ......... 28 6 212.00

Placerville' =. 7 1 6.00

Redwood City ............. 22 146.00

Richmond-El Cerrito ....... 22. 1 134.00

Sacramento. (c)... .....:.... 8 44.00

San Franciscco ........... . 103 10 900.00

SanJose.......... 2... ace 21 132.00

San Matco 9... 3... 2: .. 739 3 260.00

Santa Cruz... .... 23 187.00

Sonoma County ........... 9. 85.49

Watsonville .............. 1. 6.00

Miscellaneous ......... : 18 111.00

564 35 $3984.49

@Lee H. Watkins, Leonard Homann and Dr, H. A. Arnold

#Mrs. R. L. Betzenderfer, Mrs.

Ruhland

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Dr. and Mrs. John Henry Merryman, Theodore F. Baer, Ralph Sans, John M. Fowle, Rey.

Oscar F. Green and Rey. F. Danford Lion

Area

Chairmen

Mrs. Leon Lewis

Paul H. Finch

Team of Four#

Mrs. Roy Potter

Mrs. Paul Couture

Theodore F. Baer

Mrs. Leon Ginsburg

Mrs. John Merryman

John Dunlap

Rev. Roy Nichols

Team of Seven*

Mrs. David T. Thatcher

Mrs. H. J. Lewenstein

Mrs. Edward McHugh

Mrs. Wilson Record

Mrs, Arthur Bierman and

Shelby Cooper

Mrs. Robert A. Hall

Mrs. Howard Friedman

Dr. Marvin J. Naman

H. Gordon Tappan

Harry F. Brauer

Repeal of Vagrancy Law

Brown Vetoes

. : e e

Important Civil

e e. @ i i

Liberties Bi

Governor Edmund G. Brown pocket vetoed San Brave

Assemblyman John O'Connell's bill, AB 2712, repealing

California's 87-year-old archaic vagrancy law (Sec. 647 of the

Penal Code), which produces more civil liberties cases than

any other law in the State. Mr. 0' Connell's bill would have

for church attendance or non-attendance." -

Page 2

substituted for the twelve sub-

sections of the law six subsec-

tions which punish specific acts.

Governor's Reasons Obscure

The reasons for the Governor's

action are Somewhat obscure, A

San Francisco Chronicle story

gave the following explanation:

"In pocket-vetoing (AB 2712)

the Governor, a former San Fran-

cisco district attorney, said it

`removed from police contro] cer-

tain conduct which was danger-

ous to the security of the public.'

"The bill goes too far in its

sweeping eliminations and _ is

vague and ambiguous in parts."

Understandably, California police

chiefs are reported to have put

on a special campaign to secure

the Governor's veto.

Besig Comments

Ernest Besig, ACLU director,

commented that `outside the

racial field, the most important

civil liberties legislation adopted

by the Legislature in my memory

is John O'Connell's AB 2712, -

Prof. Sherry's excellent revision

of the Vagrancy Law. In fact,"

said he, "I would rank it in im-

portance with the FEPC and the

Housing bills. Tens of thousands

of little people would be bene-

fited by this bill, especially ra-

cial and other minorities."

Besig said the Vagrancy Law

"has been used as a catch-all to

arrest persons for investigation,

to `roust' alleged `undesirables,'

and to force migratory workers

into the fields. ... It alone has

given arrest and criminal] records

to thousands of law-abiding Cali-

fornia citizens who were either

too friendless. or too poor to pro-

tect themselves."

Who Is a Vagrant?

Under one of its twelve sub-

sections, the Vagrancy Law de-

fines a vagrant as "Every person

ACLU NEWS

August, 1959

(except a California Indian) with-

out visible means of living who

has the physical ability to work,

and who does not seek employ-

ment, nor labor when employ-

ment is offered him." This

provision is applied principally

against agricultural workers who

refuse to go into the fields to

work at the wage that is offered

by the growers.

Another familiar subsection is

the one that defines a vagrant as

"Every person who wanders

about the streets at late or un-

usual hours of the night, without

any visible or lawful business."

This part of the law is applied

in the North Beach area of San

Francisco against alleged

beatniks.

Roaming About

A third subsection that is com-

monly used is the one that de-

fines a vagrant as "Every person

who roams about from place to:

place without any lawful busi- .

ness."

Under still another subsection,

"Every lewd or dissolute person,

or every person who loiters in

or about public toilets in public

parks" is a vagrant. Very often

San Francisco police apply this

section to persons of different

races who are seen together in

bars or other public places.

Also, it would no longer have

been an offense to be "a com-

mon prostitute," although solicit-

ing or engaging in acts of prosti-

tution would continue to be pun-

ishable, Likewise, being a "com-

mon drunkard" would no longer

be punishable, although under

most local laws a person would

continue to be punishable for be-

ing drunk in a public place.

Punishable Acts

The act which would have

been punishable under

O'Connell's bill were engaging

"in lewd, lascivious or dissolute

John '

JudgeOrders

Boy to Attend

Church

Continued from Page 1-

Catholic Church, although he,

himself, was a Greek Catholic.

The father claimed he hadn't

been inside a church since he was

married and, as far as he could

recall, that was also true of his

wife. He thanked the ACLU for

its position in the matter and said

he agreed. At the same time, he

was critical of his son's behav-

viour and suggested that what the

boy needed most of all was a

job.

William Korpa and another

boy were arrested for beating up

two youths at a beach party. Kor-

pa has a long juvenile court rec-

ord. As the controversy raged,

Korpa was awaiting sentence in

Marin county for stealing a radio

and drunkeness. He was eventu-

ally fined $50.

Judge Shifts Position

After extensive newspaper

publicity, Judge Eyman, in ef-

fect, modified his probation

order and said he would not have

Korpa thrown in jail if he did not

attend church,

Judge Eyman was appointed to

the bench last February 11 by

Gov. Edmund G. Brown. Judge

Eyman informed the ACLU that

he is not a Catholic, that his

forebears came from Holland and

that he is a Son of the American

Revolution. He also added, "I am

a good American."

conduct. in any public place";

soliciting or engaging "in any act

of prostitution"; accosting "per-

sons in any public place" and :

begging or soliciting alms as a

business; peeping "into any in-

habited building or structure

without lawful authority" while

loitering on the private property

of another; lodging "`in any build-

ing... without lawful authority";

and, finally loitering "in or about

public toilets or parks."

The last subsection is an unfor-

tunate amendment adopted in the

Senate. Certainly, public parks

are made for loitering, "Even so,

the proposed bill is such a tre-

mendous improvement over the

old law," said Ernest Besig, "that

this provision was an insufficient

basis for vetoing the bill."

The ACLU has asked the Gov-

ernor's office for. a copy of: any

memorandum in which he ex-

plains the reasons for his action

and for any proposals he intends

to make to overcome the abuses

of the Vagrancy Law.

e

Barenblatt and Wilkinson

Two New Legal

Efforts to Test

Power of Hi

Two new legal efforts by the American Civil Liberties

Union to test the constitutionality of the House Un-Ameri-

can Activties Committee were disclosed recently when the

ACLU made public two briefs which argued that the right

of freedom of speech and association outweighs any value,

arising from the House Commit-

tee's investigations of Commu-

nism.

Seek Barenblatt Rehearing

The ACLU released a petition

for a rehearing it has submitted

to the Supreme Court in the case'

of Lloyd Barenblatt, the former

Vassar College psychology in-

instructor, whose conviction for

contempt of Congress was upheld

by the high court in a 5-4 decision

-on June 8. Barenblatt, on- First

Amendment grounds, had refused

to answer the House Committee's

questions concerning his alleged

Communist associations while he

was a student at the University

of Michigan. The ACLU handled

Barenblatt's appeal to the Sup-

reme Court.

The second legal action con-

cerned Frank Wilkinson of Los'

Angeles, who was convicted for

contempt of Congress and sen-

tenced to a year in prison for re-

fusing to answer the House Com-

mittee's questions pertaining to

his Communist Party member-

ship and associations, and whose

appeal is now pending in the U.S.

Circuit Court of Appeals.

Judicial Balancing

The Supreme Court ruled in.

the Barenblatt case that legisla-

tive investigations into Commu-

nism were proper because the

nation's interest in defending it-

self against Communism was

greater than the individual's in-

terest in not disclosing his polit-

ical associations. This `judicial

balancing doctrine" needs further

examination, the ACLU petition

declared, adding, that until the

Barenblatt decision "it had been

settled constitutional doctrine

that freedom of speech and. asso-

ciation, expressly protected ... .

against any governmental in-

fringement, has a special consti-

tutional status not subject to -

being outweighed except by a

proved most compelling interest."

The high court's failure to con-

sider sufficiently First Amend-

ment rights is particularly harm-

ful, the ACLU said, because the

trial record in the Barenblatt

ease did not reveal that "forcible

overthrow of our Government is

an actual objective of the Com-

munist Party of the United States

for the present or near future."

The petition stated that "con-

clusive weight" was given only

to a view, or an unsupported

opinion, as to the Communist

Party's intention. This, the ACLU

said, "abandons any judicial bal-

ancing and permits suspension of

First Amendment rights when-

ever a Congressional committee

asserts that it is investigating

Communism and asks any witness

about past or present Communist

association."

Exposure Issue

The ACLU petition also renew-

ed the argument that the House

Committee's purpose is not prim-

arily the gathering of information

to frame legislation, but the ex-

posure of persons who testify

about their Communist record or

refuse to answer the Committee's

questions, Agreeing that Con-

gress may investigate an area in

which it has the power to legis-

late, the ACLU said the Baren-

blatt case was one where the in- -

tention was "exposure for the

sake of exposure, without legis-

lation.

"The Court upon rehearing

should consider whether this rec-

ord, and the entire relationship

between the House of Represen-

tatives and this Committee, does

not establish that whatever may

be the latent power of the Con-

gress to legislate about commu-

nism, this record shows that the

dominant if not the exclusive pur-

pose of the investigation was ex-

posure for exposure's sake .

and therefore the conviction was

invalid."

"Un-American Propaganda"

The petition's final point con-

cerned the vagueness of the term,

"un-American propaganda," in

the 1937 mandate authorizing the

House Committee's investiga-

tions. Asserting that the high

court had relied on the "gloss of

legislative history" to define the

term, the ACLU noted that this

clashed with previous decisions

requiring laws, particularly crim-

inal laws, to be clearly and defi-

nitely written. The ACLU also -

raised the question whether in

view of the mandate's vagueness,

the Court's recent judicial inter-

pretation should apply only to

future witnesses heard by the

House Committee and not to

Barenblatt and others who were

convicted before the high court

gave its interpretation.

Wilkinson Case

In the Wilkinson case the

ACLU brief noted that Wilkin-

son had not been subpoenad until

the Committee discovered that he

had arrived in Atlanta to organ-

ize public opposition to the Com-

mittee's hearings into alleged

Communist influence in the

South. Wilkinson's activity was a

perfectly proper exercise of his

right to ask the public to peti-

tion Congress to redress griev-

ances which the Congress itself

was perpetrating and the Com-

mittee, in this context, had no

constitutional authority to re-

quire that he testify on his al-

leged Communist conneections.

The brief drew a parallel between

Wilkinson's activity and regular

lobbying, stressing that in the

Rumley v. U. S. case, a registered

lobbyist was not required to

divulge to a congressional com-

mittee the names of those per-

sons who had purchased certain |

books.

Senate Defeats

Repeal of |

Disclaimer Oath

The United States Senate on

July 23 killed a bill to abolish

the disclaimer oath in the Na-

tional Defense Education Act by

sending it back to the Labor

Committee by a 49-42 roll call

vote, The bill is obviously dead

for this session of the Congress.

The bill would have substituted

a simple oath of allegiance to the

United States for the present sec-

tion of the law requiring stu-

dents applying for loans to take

such an oath and also disclaim

membership in any subversive

organizations.

The move to send the bill back

to committee was sponsored by

Sen. Russell B. Long, Democrat

of Louisiana. His successful mo-

tion came after the Senate had

voted 46 to 45 to eliminate the

disclaimer oath.

Long argued there would be

"no possibility" of convicting any

Communist accepting Govern-

ment loans under the revised oath

which was proposed by Sen.

Jacob K.: Javits, Republican of

New York. :

There is widespread opposition

to the disclaimer oath in educa-

tional circles. The ACLU also op-

posed the oath.

Conviction

Of Kistler

Upheld

The Appellate Department of

the Superior Court of Marin

county recently upheld the con-

viction of Donald Kistler, Jr. on

obscenity charges. No opinion

was filed. Thereafter, Kistler

was sent to the county jail for (c)

90 days when District Attorney

William Weissich opposed pro-

bation.

Main reason for the arrest of

Kistler was his sale of Adam mag-

azine after Weissich had _ re-

quested mnewsdealers not to

handle it. According to Weissich,

all the newsdealers except Kist-

ler complied with his written re-

quest.

On January 20, 1958 Officer

Nick Giampoli of San Rafael

seized 512 items in Kistler's shop.

Kistler, with his wife's help, at

that time operated a small store

in which out of town newspapers,

tobacco articles, candy, chewing

gum. and other merchandise, such

as ball point pens and "novelty

items" were sold.

The chief question in the case

was whether a proper search of

the premises had been made by

the officer who found a paper

bag behind the counter contain-

ing a "stag" movie. It was.on the

basis of this movie that Kistler

was convicted.

The original complaint charged

Kistler with keeping obscene

books and pictures for sale or dis-

play and did not mention a single

one of the 512 items which were

seized. After a demurrer was

filed, Weissich filed an amended

complaint listing each of the 512

items as being obscene and in-

decent. Among the items listed

were the following: "6 pens, ball-

point; 26 Gag boxes, 9 books, 18

coins, 9 Misc. Booklets, 2 Mink

'Bow Tie."

Kistler was represented by at-

torneys Carl Shapiro of Fairfax

and Albert M. Bendich, ACLU

Staff Counsel,

L.A. Judge Rules

Against Civic

Center Act Oath'

Superior Court Judge Phil-

brick McCoy of Los Angeles: last

month granted a writ of mandate

to the ACLU of Southern Cali-

fornia requiring the Los Angeles

Board of Education to permit it

to use the Logs Angeles High

School auditorium under the

Civic Center Act without sub-

scribing to a so-called loyalty

oath.

The ACLU planned to hold a

public meeting at the high school

commemorating the 168th anni-

versary of the Bill of Rights. The

school department would not al-

low such use unless the ACLU

satisfied the statute by submit-

ting a statement "under the

penalties of perjury" that the

auditorium was not to be used

for the commission of any act

intended to accomplish the over-

throw of the Government of the

United States by force, violence

or other unlawful means, that it

does not advocate the overthrow

of the Government of the United

States, and that it is not a com-

munist-action organization or

communist-front group required

to register with the Attorney

General of the United States.

On June 26, 1946, the Cali-

fornia Supreme Court decided in

the Danskin case that a test oath

then required by the Civic Center

Act was unconstitutional, "It is

true," said the court at that time,

"that the state need not open the

doors of a school building ag a

forum and may at any time

choose to close them. Once it

opens its doors, however, it can-

not demand tickets of admission

in the form of convictions and af-

filiations that it deems accept-

able." Thereafter the Legislature

adopted the present oath which

Judge McCoy ruled upon,

Unfortunately, Judge McCoy

did not write an opinion in grant-

ing the writ of mandate, and,

since his decision is merely that

of a lower court, it is not binding

on other California courts.

meeting.

groups.

Kinnon.

of ACLU.

Marin Pot-Luck Dinner Sept. 25

The Marin Chapter of ACLU will hold its annual

Pot-Luck Dinner on Friday, September 25th at the

Roger Kent Estate, Kentfield, California.

Cocktails and the dinner will begin at 6:00 p.m. The

general meeting will start at 8:00 p.m. Anyone unable

to attend the dinner is invited to come later to the

Attorney General Stanley Mosk will be guest speaker

at the affair which celebrates both the twenty-fifth an-

niversary of the founding of the ACLU of Northern

California and the fifth anniversary of the Marin Chap-

ter. Louis Hartman will provide the commentary for a

mountage depicting highlights in the history of the

Chairman of the event is Sali Lieberman. He is being '

assisted by Jerry Rubin, Milen Dempster, Frederic Cool-

idge; also, Mmes. Frederic Coolidge, Henry Malcheski,

Michael Franzblau, Thomas Stone, Joseph Gutstadt,

Gordon Robinson, Naomi Kirschner and Blanche A. Mac-

Save the date-September 25, 1959. Both the dinner

and the meeting are open to all the members and friends

Industrial Security Program

Right of Confrontation and

Cross-Examination Upheld

By an 8 to 1 vote, the U.S. Supreme Court last month struck

a major blow against the Government's industrial security

program which covers 3,000,000 defense plant workers. The

_court held that neither Congress nor the President had

authorized a program under which a suspected security risk

was denied the right to confront

and. cross-examine his accusers.

Congressional Action -

Undoubtedly, efforts will now

be made in Congress to allow the

program to operate without con-

fronting an accused with his ac-.

cusers. If that is done, the court

will ultimately be faced with a

constitutional issue which it

avoided in the recent case of

William L. Greene.

Nevertheless, the court em-

ployed language in its decision

that strongly suggested that the

Constitution requires some con-

frontation in security proceed-

ings:

"Certain principles have re-

mained relatively immutable in

our jurisprudence," the court de-

clared. "One of these is_ that

where governmental action ser-

iously injures an individual, and

the reasonableness of the action

depends on fact findings, the evi-

dence used to prove the govern-

ment's case must be disclosed to

the individual so that he has an

opportunity to show that it is

untrue. While this is important

in the case of documentary evi-

dence, it is even more important

where the evidence consists of

the testimony of individuals

whose memory might be faulty

or who, in fact, might be perjur-

ors or persons motivated by

malice, vindictiveness, intoler-

ance, prejudice, or jealousy. We

have formalized these protec-

tions in the requirements of

confrontation and cross-examina-

tion. They have ancient roots.

They find expression in the

Sixth Amendment which pro-

vides that in all criminal cases

the accused shall enjoy the right

`to be confronted with the wit-

nesses against him.' This Court

has been zealous to protect these

rights from erosion. It has spok-

en out not only in.criminal cases,

but also in all types of cases

where administrative and regula-

tory action were under scrutiny.

"., . under the present clear-

ance procedures not only is the

testimony of absent witnesses al-

lowed to stand without the prob-

ing questions of the person

under. attack which often un-

cover inconsistencies, lapses of

recollection, and bias, but, in ad-

dition, even the members of the

clearance boards do not see the

informants or know their identi-

ties, but normally rely on an

investigator personally."

The majority opinion was writ-

ten by Chief Justice Earl War-

ren and concurred in by four

justices: Hugo L. Black, William

O. Douglas, William J. Brennan,

Jr. and Potter Stewart. Justices

Frankfurter, Harlan and Whit-

taker concurred in a separate

opinion. The lone dissenter was

Justice Tom C. Clark.

In concluding its opinion, the

court said: "We decide only that

in the absence of explicit author-

ization from either the President

or Congress the respondents

were not empowered to deprive

petitioner of his job in a proceed-

_ing in which he was not afforded

the safeguards of confrontation

and cross-examination."

In consequence of the court's

decision, the ACLU will move to

set aside a decision in a local

ease in which an adverse de-

cision was handed down under

the same program.

Judge Dismisses

Charges Against

Lenore Bravo

San Francisco Municipal Court

Judge A, Axelrod last month dis-

missed charges of interfering

with an officer and battery filed

against Mrs, Lenore M. Bravo,

Mission High School biology

teacher. The charges were dis-

missed on the condition that Mrs.

Bravo dismiss her damage suit

against Inspector Bruce Jones.

Officer Jones, who was off

duty, in civilian clothes and with-

out a warrant, forced his way

into Mrs. Bravo's home last Jan-

uary 15 at 9:30 p.m, while Mrs..

Bravo was bathing and sought to

arrest her 15-year-old son for al-

legedly breaking one of his win-

dows with a B.B. gun earlier that

evening.

Jones claimed warrants are un-

necessary where juveniles are

being arrested. He testified that

he had gone to the Bravo home

when the shooting incident oc-

curred but finding the boy alone

had returned an hour or two

later. In the meantime he had

`phoned the Juvenile Court and

had gotten a citation number but

not a citation, which he testified

is the usual practice of the San

Francisco police.

The ACLU contended that if a

misdemeanor had been commit-

ted in the presence of the police

officer he could make an immedi-

ate arrest, but since there was

delay he needed a warrant of

arrest or a citation.,-

Following the trial without a

jury, Judge Axelrod indicated

that he would find Mrs, Bravo

guilty on both charges and even

prepared a _ five-page opinion

answering the ACLU's legal

arguments.

Mrs, Bravo was represented. by

Albert M. Bendich, ACLU staff

Counsel. -

ACLU NEWS

August, 1959

Page 3

Philip Adams

Theodore Baer

William K. Coblentz

Richard De Lancie

Joseph L. Eichler

John M. Fowle

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

Alice G. Heyneman

Mrs. Paul Holmer

J. Richard Johnston

Prof. Theodore J. Kreps

Rev. F. Danford Lion

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

Seaton W. Manning

Rev. 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

Civil Liberties

Fare Well in

Cal. Legislature

Civil liberties fared well at the

1959 session of the California

Legislature, especially in the ra-

cial field. Not only was an FEPC

law added to California's statutes

but also one that forbids discrimi-

nation in the sale or rental of

public assisted housing. Also

added to our laws was one pro-

hibiting discrimination in com-

munity redevelopment and urban

renewal projects.

Civil Rights Act Extended

The State's Civil Rights Act,

pro hibiting discrimination

in places of public accommoda-

tion and amusement was extend-

ed to business establishments of

all kinds. Moreover, in the inter-

est of good housekeeping, the

miscegenation statute, previously

declared unconstitutional, was

repealed.

- Beyond that, however, the re-

sults were meager. The Governor

signed a bill allowing an arrested

person to make one answered

telephone call (if the prisoner

has his own dime), and a bill re-

quiring a magistrate to notify

parents of the arrest of a minor

was apparently signed.

"Vag Law" Repeal Vetoed

The very important bill to re-

peal the Vagrancy Law was

vetoed by the Governor, as was a

measure to require an arrested.

person to be booked within three

hours, with some exceptions. The

latter bill would, in effect, have

eliminated secret detentions by

the police. Also vetoed by the

Governor was a bill declaring it

to be the policy of the State that

arrest warrants should be used

where practical and feasible. In

short, the Governor's record in

the civil liberties field outside

the racial area where the votes

are to be found is very poor.

Measures to allow the use of

illegally procured evidence in

narcotics cases and to make a

narcotics arrest without disclos-

ing the informant's name, were

defeated in the Legislature.

Other bills extending police pow-

ers at the cost of individual free-

dom were also defeated by the

Legislature,

No Red-Hunting Bills Adopted

No Red- hunting bills were

adopted, and, in fact, only two

were introduced. On the other

hand, the Senate Fact-Finding

Committee on Un-American Ac-

tivities, headed by Sen. Burns,

will continue operating for an-

other two years. At the same

time, bills to repeal the Levering

Oath for public employees and

the unconstitutional tax exemp- '

tion non-disloyalty oath were de-

feated.

A number of bills by Assembly-

man Francis (R., San Mateo) to

extend the obscenity laws were

defeated in committee and Fran-

cis' effort to withdraw his main

bill from committee was defeated

by a vote of 32 to 7.

ACLU NEWS

August, 1959

Page 4

Bar Banishment

As Condition

Of Probation

The California District Court

of Appeal in San Francisco re-

cently declared that a court could

not lawfully impose banishment

as a condition of probation. The

decision was handed down in the

case of People vs. Seth Blakeman,

decided May 25, 1959,

Blakeman had pleaded guilty

to the charge of assault and bat-

tery and proposed that as a part

of any sentence he would leave

the community. He was: fined

$500 and ordered imprisoned for

one year in the county jail, but

the jail sentence was suspended

upon the condition that he absent

himself from Contra Costa

county.

Ten months later, after a hear-

ing, the trial court found that

Blakeman had violated probation

by returning to the county and,

therefore, sent him to jail to

serve out his sentence.

The District Court stated: "It

was beyond the power of the

court to impose banishment as a

condition of probation .. . banish-

ment is proscribed by the funda-

mental policy of not permitting

One political division to dump un-

desirable persons upon another.

`The same principle which pro-

hibits the banishment of a crimin-

al from a state or from the

United States applies with equal

. force to a county or city. The old

Roman custom of ostracizing a -

citizen has not been adopted in

the United States. There is no

statute in California authorizing

such judgments.' "'

Assistant Attorney General

Clarence Linn contended that the

policy against banishment is not

as sweeping and unqualified as

the court had stated in a previous

ease. He claimed that another

public policy "that of rehabilita-

ting the defendant by removing

him for a time from the tempta-

tions to which he was subjected

in his old habitat, comes into

play and modifies or qualifies the

policy against banishment. We

find in the reasoning which sup-

ports the latter policy and the de-

cisions expounding it no basis for

any such qualifying or modifying

factors," said the court in reject-

ing the argument. "The question

whether the Legislature could

modify this policy is not before

us," the court declared, "for it

has not undertaken to do so."

The court said it didn't make

any difference that Blakeman

had proposed the banishment.

"The law," said the court, "can

not suffer the state's interest and

concern in the observance and

enforcement of this policy to be

thwarted through the guise of

waiver of a personal right by an

individual."

Restrictions

On Park Forums

Protested

After receiving protests from

the American Civil Liberties

Union and the American Jewish

Congress, the San Francisco Rec-

reation and Park Commission

asked the City Attorney for a

legal opinion on its proposal to

restrict the use of Union Square

as a meeting place.

Under a resolution adopted by

the Commission on June 25, the

use of the park was to be "limit-

ed to projects of significant civic

or national importance," and it

could not be used "for political or

sectarian, religious purposes."

"We do not question the

authority of the Commission to

prohibit the use of Union Square

for business purposes," said the

ACLU's letter, signed by Ernest

Besig, "but we do question the

Commission's power to bar politi-

cal and sectarian religious meet-

ings in Union Square, Ever since

the decision of the U. S. Supreme

Court in Hague v. C.1.0 (1939)"

the letter went on to say, "the

right to use public parks for free

speech and free religious pur-

poses has been clearly estab-

lished."

In that decision the court stat-

ed: "Wherever the title of streets

and parks may rest, they have

immemorially been held in trust

for the use of the public and time

out of mind have been used for

purposes of assembly, communi-

cating thoughts: by the citizens

and discussing public questions."

The ACLU said, "It is one

thing, in the interest of all, to

require persons to make timely

application for the use of Union

Square, but it is quite another

thing for the Commission, in ef-

fect, to decide what ideas may be

expressed. In other words, the

Commission may not discrimin-

ate in favor of `organizations of .

local and national significance'

. . Freedom of speech and re-

ligion is equally for the lowly

and. insignificant as it is for the

prominent and important person

or group in our community."

The ACLU also suggested that

if a proposed limitation on signs,

banners and leaflets was "intend-

ed to bar the communication of

ideas by the written word, then

such regulations are plainly un-

constitutional."

`Chatterley' -

Ruling Appealed

By Postmaster

The Post Office Department

has appealed the recent ruling of

Federal District Court Judge

Frederick Bryan of New York

that "Lady Chatterley's Lover' is

not obscene and may not be ex-

cluded from the mails by Post-

master General Arthur Summer-

field.

The ruling was made with re-

spect to the Grove Edition, an

unexpurgated version of the

book. Judge Byron ruled that the

book was entitled to "the protec-

tions guaranteed to freedom of

speech and the press By the First

Amendment."

Said the judge:

"To exclude this book from the

mails on the grounds of obscen-

ity would fashion a rule which

could be applied to a substantial

portion of the classics of our

literature."

The Civil, Liberties Union of

New York filed a friend of the

court brief in the case in support

of the plaintiffs, Readers' Sub-

scription, Inc. and Grove Press,

Inc., who sued Robert K. Christ-

enberry, the New York City Post-

master, -

Ferman Resigns as ACLU Director

Irving Ferman, director of the

American Civil Liberties Union's

Washington office for the past

seven years, has resigned to be-

come the executive vice-chairman

of the President's Committee on

Government Contracts, The Com-

mittee was established in 1953 to

assure that business firms re-

ceiving government contracts

would follow a non-discrimina-

tion policy in their hiring prac-

tices. Under the existing regula-

tions, all government contracts

must include a clause prohibiting

discrimination in employment

because of race, religion, color or

national origin.

In his new position, Ferman

will be responsible for the execu-

tion of Committee policy as de-

termined. by its sixteen members

drawn from private life and

governmental] agencies.

ACLU Statement

Present Quota

System in Immig.

Law Opposed

A change in the federal immigration laws to eliminate the

"national origins" concept from the present quota system

was advocated last month by the American Civil Liberties

Union. The Union's views were contained in a statement

which had been filed with a Senate Judiciary Subcommittee

studying bills to revise the immi-

gration and naturalization laws.

The immigration and natural-

ization laws have been criticised

as restrictive because the present

quota system which authorizes

the admission of 154,000 immi-

grants annually into the United .

States favors such countries as

England, Ireland and Germany

with large quotas, while coun-

tries of Eastern and Southeastern

Europe and Asia and Africa are

allocated smaller quotas. The

problem is compounded because

immigration from Northeastern

European countries is not great,

while the nominal quotas for

other countries are heavily over-

subscribed.

The ACLU statement declared

that as a civil liberties organiza-

tion it was not competent to say

how many immigrants should be

admitted into the United States, (c)

but it did favor "any change

which will release substantial

numbers from the `national ori-

gins' concept, which we consider

rank discrimination based on in-

defensible ethnic, racial and re-

ligious prejudice."

The ACLU also endorsed the

removal of the Asia-Pacific tri-

angle from the immigration law,

terming this a "blood test" that

was not only dscriminatory but a

"continuing affront to the col-

ored people of Asia-a foreign-

policy-fact-of-life that the United

States needs constantly to bear

in mind." Under the present law

each immigrant is charged to

the quota of the area in which he

was born. There is one exception,

persons born outside the Asia-

Pacific area but attributable by

at least one-half of their ancestry

to people indigenous to that area.

Such people are not assigned to

the quota of the country where

they were born, but to one of the

nominal quotas alloted to the

Asia-Pacific area. The proposed

change would mean, for example,

that a person of Chinese extrac-

tion born in a European country

or a citizen of a European coun-

try could be admitted under the

quota allocated to either such

country.

The civil liberties group's com-

ments were confined to S. 952,

introduced by Senator Hubert H.

Humphrey of Minnesota, and S.

1919, offered by Senator Jacob

S. Javits of New York.

The ACLU endorsed the pro-

vision in both of these bills that

would allow refugee-escapees

from `totalitarian countries who

cannot return to their native

lands because of racial, religious,

or political persecution to be

paroled into the United States.

The first right of a citizen

Is the right

To be responsible.

"This supports the principle of

political asylum, which in the

past has won our nation such re-

spect as a haven for persons up-

rooted because of their political

opinions or racial or religious

backgrounds." the ACLU said.

"Adoption of this section would

also add fresh meaning to the

importance of freedom of speech

and equality in our country by

demonstrating our government's

recognition of these essential

civil liberties principles."

A section of S. 1919 which

would establish a ten-year sta-

tute of limitations for the bring-

ing of deportation proceedings

was hailed by the ACLU. It said

this change would "eliminate one

of the greater injustices of the

existing law. Certainly there is

no excuse for our present policy

of deporting persons on a tech-

nicality after they have remained

in the United States from the

time of their infancy. If they are

guilty of criminal conduct they

are subject to prosecution in the

same manner as a citizen, and

such conduct should be subject

to review and determination

of its criminality under a trial

where all the protection of due

process is afforded."

The Union's statement also:

(c) Supported the establishment

of ia Board of Visa Appeals which

would review the denial of visas

by U.S. Consulates abroad. "This

. would eliminate long-stand-

ing misunderstanding and re-

sentment by persons seeking ad-

mission to the United States;

and, we hope, would prevent

some of the apparent injustices

that have arisen under the pres-

ent system which gives the local

consular authority arbitrary pow-

er to deny a visa."

(R) Endorsed a change in the

basis for suspension of deporta-

tion from "exceptional and ex-

tremely unusual hardship" to

"serious hardship." The present

definition, the ACLU said, has

already subjected aliens and

their families to great hardship

and the suggested less-rigid defi-

nition "may relax the tension and

fear under which these families

live."

(c) Backed a provision requiring

an immigration agent to have

"probable cause" for believing a

person to be an alien before in-

terrogating him without a war-

rant. The ACLU cited the case,

under the present law, of a citi-

zen who was interrograted on a

main street in New York City

because he "walked like an

alien."

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