vol. 26, no. 7
Primary tabs
- American
EP Gil Liberties,
Union
Volume XXVI
San Francisco, July, 1961
_ Judge Lewis Lercara of the Alameda County Superior
Court has signed orders requiring Harrah's Club, Greyhound
Bus Lines and certain of their agents and employees to ap-
pear in his court on July 5, 1961, to show cause why they
should not be enjoined from discriminating on the basis of
race against persons using the
= special Greyhound bus to the
_ Lake Tahoe location of the Club.
Damages Sought
The orders were signed in con-
_ nection with two separate dam-
_ age suits filed by the ACLU staff
counsel against the corporations
asking a total of $180,500.00 in
_ damages for alleged acts of dis-
crimination. The damages are
claimed under sections 51 and
52 of the California Civil Code
`which forbid discrimination on
_ the basis of race in "all business
establishments of every kind
whatsoever."
Seven Incidents
The ACLU is aware of seven
incidents of discrimination on the
`basis of race carried out by Har-
rah's Club with the knowledge
and cooperation of Greyhound at
_ its 20th and San Pablo terminal
in Oakland. This is despite the
facts that Harrah's has announced
_.that they do not discriminate
against Negroes at their club and
that a substantial portion of
_ Greyhound's passenger business
is with Negroes. a
`Sacramento Cases
In Sacramento newspaper re-
ports indicate that Greyhound
and Harrah's follow the same pol-
icy in a slightly different fashion.
Douglas Greer, Sacramento law-
yer and NAACP vice president,
said that when he bought a ticket
to board the Greyhound bus to
the casino the bus was canceled.
Two other trips from Sacramento
ware also canceled when a Ne-
gro purchased a ticket. A Har-
-rah's Club spokesman said that
the cancellations had nothing to
do with the fact that Negroes
purchased tickets. Bees
"Charter" Arrangement
Harrah's Club charters buses
from Greyhound and tickets are
sold by Greyhound ticket agents
at their terminals to all comers
but when Negroes and other ra-
cial minorities present their
tickets at the bus they are denied
admission. Also, in newspaper
and other advertising Harrah's
Club fails to mention that it ex.
cludes Negroes, or other racial
minorities.
New Court Fight
In J. W. Mass
Dismissal Case
John W. Mass' 74-year fight to
return to his position as an Eng-
ljish instructor at San Francisco
City College carries on with the
issuance by the California Dis-
trict Court of Appeal of alterna-
tive writs of mandate and prohi-
bition ordering the San Francisco
Board of Education to show cause
why the Superior Court of San
Francisco should not be required
to dismiss the suit now pending in
that court to dismiss Mass from
his position,
ACLU staff counsel Marshall
Krause contends that the Super-
ior Court has lost jurisdiction to
proceed with the suit since more
than three years have expired
since the California Supreme
Court required that the case be
re-tried. For further details see
Page 1 of the May News. The
writs are scheduled to be argued
on the Court's September calen-
dar.-M.W.K.
Steno Wanted
The ACLU has an opening fer
an experienced stenographer. The
hours are from 9 to 5 (1% hour
for lunch) - 3712 hours per
week. Must operate electric type-
writer and be willing to do gen-
eral office work, including mime-
egraphing. Applicants should con-
tact Ernest Besig, Executive Di-
rector, at 503 Market Street, San
Francisco- Phone EXbrook
2-4692. :
S.F. Customs
Releases John W.
Powell's Library
San Francisco Collector of
Customs, Robert Higgins, has in-
formed the ACLU, acting for
John W. Powell, that the latter's
personal library, seized in 1953
upon his entry into the United
States from China, will be im-
mediately released to him.
The eight year old ACLU file
on this matter indicates that the
library, much of which had been
inherited from Powell's mission-
ary father, was first seized on
the ground that it was imported
in violation of the Foreign Agents
Registration Act. Later it was
claimed that the material was
non-importable. Finally, it was
claimed the material was being
held as evidence in the sedition
trial commenced against Powell
in connection with his publication
of "The China Monthly Review"
during the Korean War. All
charges against Powell were re-
cently dropped.
The action of the Collector of
Customs vindicates the ACLU's
position that there was no author-
ity for the original seizure.
-M.W.K.
Marin Pot-Luck on July 9
Reosevel
Correct
Number 7
Lewd Film
Charge Dropped
By Dist. Atty.
"Charges that Gil Taylor, 30,
operator at "The Movie, 1034
Kearny Street, San Francisco
showed a lewd film were dis-
missed on motion of District At-
troney Thomas C, Lynch last
month. The film was ``Fireworks,"
which deals with a young homo-
sexual, oe
The film won awards at Brus-
sels, Cannes, Biarritz and Paris.
Los Angeles police tried to halt
its showing but were overruled
by the appellate department of
the Los Angeles County Superior
Court.
Municipal Judge Andrew J. Ey-
man reluctantly dismissed the
charge but admonished Taylor to
change the advertising outside the
theatre. If it is not changed, the
judge said, he will "take steps
to have it cited as a _ public
nuisance." :
The District Attorney's office
indicated that Police Chief
Thomas Cahill had viewed the
film and that while it might be
offensive to some persons it was
-not obscene in the legal defini-
tion.
ACLU Intervenes
in Housing -
Bias Test Case
With the issue clearly drawn
by-the sustaining of a demurrer
without leave to amend by San
Francisco Superior: Court Judge
Edward O'Day, the ACLU has in-
tervened to appeal a housing dis-
crimination case to the District
Court of Appeal. Judge O'Day's
ruling in effect is that the Legis-
lature did not mean to cover the
business of selling houses when
it forbade discrimination on the
basis of race in all business es-
tablishments,
The case involves a Negro
couple, Jean and Seaborn Burks,
who attempted to buy a tract
home in San Francisco only to
have their offer rejected with the
written notation that a sale to
them would adversely affect the
owner's equity in the remaining
houses.-M.W.K.
it and "Operation
n on Program
The Marin Chapter of the American Civil Liberties Union
of Northern California expects to offer a double-header at its
Eighth Annual Pot-Luck Supper at the Roger Kent Estate,
Kent Woodlands, Sunday, July 9. Ze
Not only will the Hon. James
Roosevelt, leading Congressional
opponent of the House Commit-
fee on Un-American Activities,
speak but also it is expected
there will be a sneak prevue of
"Operation Correction."
"Operation Correction"
"Operation Correction" is the
film "Operation Abolition," with
an entirely new narrative which
points out the mendaciousness of
the HUAC version. Persons view-
ing the film will be asked to give
the ACLU their written com-
ments.
Those who come for the pot-
luck supper and the preceding
cocktail hour are asked to arrive
by 5:30 p.m.
Program Starts Promptly at 8
The program will start
promptly at 8 p.m., as Mr. Roose-
velt, who must catch a plane
later in the evening, is interested
in viewing "Operation Correc-
tion." It will be held in the usual
beautiful outdoor setting and it
is urged that the audience bring
jackets, stoles, sweaters, etc., as
after dark Kent Woodlands may
become chilly.
The Sunday affair is expected
to attract a larger audience than
ever because of the wide inter-
est in the HUAC film and its cor-
rected edition, which will be pre-
sented to the public for the first
time with honest narration.
What to Bring
Those coming for the pot-luck
supper whose last names begin
with letters A to N are asked to
bring a hot dish; those O to Z,
a salad; the portions should be
sufficient to serve three times
the number in the party. The
chapter will furnish ice cream
and coffee.
There is an admission-donation -
of $1.50 per person and 75 cents
for students. e
Sali Lieberman, chairman of
the affair, and Milen Dempster,
chapter chairman, stress that
promptness in timing must be
observed this year and the "fash-
ionably late' may be disap-
pointed by missing a portion of
the program.
By a seven to one vote the State Board of Education at
its June meeting in Los Angeles revoked the teaching creden-
tials of Rita and William Mack. The Board accepted the pro-
posed decision of hearing officer Coleman Stewart that the
Macks were each guilty of unprofessional conduct when, in
their Levering Oath forms, they
answered negatively a question
concerning past membership in
an organization which advocated
the overthrow of the government
of the United States or of the
State of Califernia by force and
violence or other unlawful
means. :
Former C. P. Members
Both of the Macks had been
members of the Communist Par-
ty, U.S.A. until they resigned in
disgust with the Party's stand on
the Hungary incident in 1957. At
the revocation hearings they free-
ly discussed this membership and
stated that at all times during
this membership they believed
the Communist Party was inter-
ested in peaceful social and eco-
nomic reform and that this is -
what they were taught by the
leaders of their Party groups.
The Macks, who were repre-
Fowle Named
Acting ACLU
`Chairman
John M. Fowle of Los Altos
Hills, Treasurer of the ACLU of
Northern California, has been
designated by the Board of Di-
rectors as Acting Chairn... while
Rabbi Alvin Fine is absent be-
cause of illness. At the same
time, the ACLU is happy to re-
port that Rabbi Fine is making a
satisfactory recovery from his
heart attack.
Jack Fowle has served on the
ACLU board since March, 1957.
He has been mayor of his home
community and is engaged in
real estate development. He also
spends some of his time as an
engineering consultant.
Officer Who
Fiunked ROTC
Picket Resigns
Col. John T. Malloy, chairman
of the Military Science Depart-
ment at the University of Cali-
fornia since 1957, has retired
from the Army and has quit his
U. C. post to become director of
property planning for the East
Bay Municipal Utility District.
Col. Malloy gained notoriety
last December when he warned
that any uniformed cadet picket-
ing against compulsory ROTC
might find it difficult to pass the
course, and he followed the warn-
ing with an "F" for James R.
Creighton who picketed in uni-
form. Creighton's appeal from the
punitive action is now pending
before a special committee of th
Academic Senate.
CONGRESSMAN JAMES ROOSE-
VELT, who speaks at Marin Pot-Luck
Supper on July 9.
sented throughout these proceed-
ings by former ACLU staff coun-
sel Albert Bendich and present
staff counsel Marshall Krause,
were backed up in their testi-
mony by an expert witness, Pro-
fessor Wilson Record of Sacra-
mento State College, who has
written a book on the strategy of
the Communist Party, USA. Ree.
ord testified that since the
early thirties it has been the tac-
tic of the Communist Party to
conceal or de-emphasize the role
of the Party in the coming revolu-
tion and to conceal the domina-
tion of the Party by the Soviet
Union. He testified that - fre-
quently the rank and file mem-
bers of the Party have an entire-
ly different idea of it than do
its leaders.
Karl Prussion Testifies
The Department of Education,
which under the law must carry
the burden of proof in these pro-
ceedings, introduced absolutely
no evidence concerning the
Macks' Party activities but de-
pended solely on two points: 1)
legislative findings that the Com-
munist Party advocates the over-
throw of the government of the
United States by force and vio-
lence, and 2) the testimony of
Karl Prussion, the Mr. X of the
recent San Francisco hearings
of the House Un-American Com-
mittee, that, even though he had
never before seen Mr. or Mrs.
Mack, nor attended a meeting at
which they had been present, nor
himself been any officer or lead-
er in the Communist Party, he
was sure they knew the Commu-
nist Party advocated violence be-
cause, according to Mr. Prussion,
all Communists know this. Mr._
Prussion was sure that there is
no such thing as an innocent
member of the Communist Party
even though the U. S. Supreme
Court has said there is in Wie-
man y. Updegraff and the recent
case of Notto v. United States,
According to Mr. Prussion, every
action of a Communist is subver-
sive no matter how innocent it
may appear.
Only One Question
In the brief filed with the
Hearing Officer the ACLU
pointed out that the only rele-
vant question was, what did the
Macks believe was the aim of the'
Communist Party? The possibil-
ity that the Macks were either
duped into believing something
which was untrue or were ex-
tremely naive is irrelevant. Also
irrelevant is the fact that the Les-
islature has certain ideas about
the Communist Party as do most
of the American press and pub-
lic. The Macks had no obligation
to believe these ideas no matter
how prudent it might have
~ seemed to do so.-
Reconsideration Asked :
The Board has been asked to
reconsider its decision and allow
the case to be argued by counsel
which it has not as yet done. In
the event this request is denied
the Macks' ease will be taken to
court for review. - M.W.K.
eS
In This Issue...
ACLU Backs Suit of
- Discharged Hlinois Prof ..p. 2
ACLU Depends Upon the
Help of Volunteers ..... p. 4 |
ACLU Suit Tests Arrests
Of Freedom Riders ..... p. 3
Claim Political Grounds for
Denying Tenure ....... p.3
Governor Signs Bill
Repealing Vagrancy Law .p. 3
High Court Rules Illegal
~ Evidence Is Inadmissible .p. 4
Red-Hunting Proposals
Rejected eee cs Poe
Righting a Wrong ........p. 2
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
Prof. Arthur K. Bierman
Rev. Canon Richard Byfield
Prof. James R. Caldwell
William K. Coblentz
Richard De Lancie |
John J. Eagan
Samuel B. Eubanks
Howard Friedman
Rev. Oscar F. Green
Zora Cheever Gross
Rey. F. Danford Lion
Honorary Treasurer:
Joseph M. Thompson
Honorary Board Member:
Sara Bard Field
Mrs. Gladys Brown
Mrs. Paul Couture
Joseph Eichler
Morse Erskine
Dr. H. H. Fisher =
Mrs. Margaret C. Hayes
Prof. Ernest. Hilgard
Mrs. Paul Holmer
Mrs. Mary Hutchinson
Richard Johnston _
Roger Kent
Mrs. Ruth Kingman
Board of Directors of the American Civil Liberties Union
of Northern California :
CHAIRMAN: Rabbi Alvin I. Fine
VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz
SECRETARY-TREASURER: John W. Fowle
-EXECUTIVE DIRECTOR: Ernest Besig
Committee of Sponsors
Prof. Van D. Kennedy
John R. May
Lloyd L. Morain
Prof. Charles Muscatine
William M. Roth
Prof. Nevitt Sanford
Rey. Harry B. Scholefield
Mrs. Alec Skolnick
Mrs. Martin Steiner
Gregory S. Stout
Donald Vial
Harold Winkler
GENERAL COUNSEL
Wayne M. Collins
Prof. Theodore Kreps
Prof. Carlo Lastrucci
Norman Lezin
Prof. John Henry Merryman
Hon. Clem Miller
Rey. Robert W. Moon
Dr. Marvin J. Naman
Prof. Hubert Phillips
Prof. Wilson Record
Dr. Norman Reider
Prof. Wallace Stegner
Mrs. Theodosia Stewart
Mrs. Kathleen D. Tolman
Rt. Rev. Sumner Walters
Stanley Weigel
Franklin H. Williams
Academic Freedom Violated
ACLU Backs Sx
Of Discharged
Suit
lilinois Prof. |
Leo F. Koch, assistant professor of Biological Science at
the University of Illinois, who was dismissed last August after
a letter which he wrote on the subject of pre-marital sexual
relationships for college students appeared in the college
newspaper, has filed suit in the state courts against the
University's Board of Trustees.
Koch's dismissal came in the
middle of his two-year teaching
eontract, and he is seeking a
year's salary in damages.
The Illinois Division of the
American Civil Liberties Union
is backing the case. It has called
the dismissal `a serious breach
of the principles of academic
freedom."
Discussion On Sexual Ethics
The letter which led to Koch's
discharge was published in The
Daily Wlini in March, 1960, as
_ part of an open discussion on
sexual ethics initiated by the edi-
tors of the college papers. In his
jetter Koch advocated pre-mari-
tal relations for college students
"sufficiently mature to engage in
them without social conse-
quences and without violating
their moral codes." In April,
David D. Henry, president of the
University, filed a charge against
him of "conduct prejudicial to
the best interests of the Univer-
sity" with the Board of Trustees
which, after a hearing, voted to
terminate his appointment.
Koch's Academic Record
A graduate of the University
of California at Berkeley, and a
holder of a PhD from the Uni-
versity of Michigan, Koch was
originally appointed to the Uni-
versity of Illinois faculty in 1955,
and in August, 1959, was reap-
pointed for a two-year term. He
has taught at Bakersfield College
and at Tulane University, and
has published several scholarly
articles in leading scientific
journals in this country and
abroad. His attorneys state that
his teaching record at the Uni-
versity of Illinois was satisfac-
tory, and that the sole reason for
i
ACLU NEWS
July, 1961
Page 2
his discharge was the letter in
The Daly Illini.
Issue Of Academic Freedom
In a memorandum addressed
to the University of Jllinois
trustees last summer, the
ACLU's Illinois Division wrote:
"The dismissal raises a serious
and difficult issue of academic
freedom as a principle for defin-
ing the relationship of a teacher
to. his students, -his university,
and the public. While in certain
cases ... a faculty member may
not teach anything he wishes in
the classroom, Professor Koch's
ease clearly falls within the pro-
tected freedom of a faculty mem-
ber to engage in public discus- |
sion." The ACLU memorandum
noted that Koch's letter was writ-
ten in good taste, with no sug-
gestion of vulgarity or sensa-
tionalism, and attempted a
"serious discussion" of sexual
morality which is a genuine con-
cern of the younger generation
today. It would be unfortunate,
ACLU said, if such a topic could .
`not be given "the scrutiny of
public discussion" because of
fear that it might bring criticism
to the university, or displease
some minority, or even the ma-
jority. ACLU says that its de-
fense of Koch's right to speak
his opinions is not necessarily an
endorsement of those opinions.
Other Contentions
Going beyond the issue of open
discussion on a campus, Koch's.
attorneys claim that his dis-
charge. is illegal because it vio-
lates University statutes which
entitle him to "the same free-
doms as other citizens without
institutional censorship or disci-
pline," and because it violates
the Fourteenth Amendment of
the Constitution which guaran-
tees the individual that a state
may not deny him freedom of
speech and of the press.
Uphold Right
To Sue Police
In Federal Court
An 81 U.S. Supreme Court de-
cision holding that policemen and
other local officials who violate a
citizen's constitutional rights may
be sued for damages in federal
courts may pave the way for
swifter and increased redress in
civil rights cases. One effect of
the decision has been the filing of
a damage suit against police offi-
cers in Shreveport, La., by the
Rev. Ashton Jones, a white itiner-
ant minister who preaches broth-
erhood, The Rey. Jones alleges
he was physically assaulted while
held in the Shreveport jail.
The Supreme Court decision
in Monroe v. Pape concerned
thirteen Chicago police officers,
led by Deputy Chief of Detectives
Frank Pape, who in 1958 while
investigating a murder, broke
into the apartment of James Mon-
roe, a Negro handyman. Accord-
ing to the complaint, the police-
men forced Monroe and his wife,
at gun point, out of bed, and with
their six children to stand naked
in the living room while the
apartment was being searched.
The police, it was testified, phys-
ically abuSed parents and chil-
dren, and while lacking arrest
and search warrants, ransacked.
the apartment, dumping drawers
and ripping open mattresses.
Monroe was taken to a police sta-
tion, where he was questioned.
He was detained for ten hours on
open charges and shown in sev-
- eral lineups. He was not brought
before a magistrate or allowed to
call a lawyer, and was eventually
released without charge. ~
The Monroe family sued the
policemen and the City of Chi-
cago for $200,000. The case never
got to trial because a Federal
District Judge and the Seventh
Circuit Court of Appeals dis-
missed it.
The central issue before the
Supreme Court was the meaning
of the Civil Rights Act of 1871,
passed in Congress to deal with
the Ku Klux Klan. It permits
damage suits in Federal Courts
against persons who, "under color
of" state law, deprive someone of
constitutional rights.
The high court majority held
that the phrase "under color of"
state law refers to any person
acting under the guise of official
authority-not, as the dissenting
Justice Frankfurter held, under
the actual authorization of state
or local law. This disagreement
is significant because most in-
fringements on constitutional
rights are also - at least theor-
etically - violations of local law.
In Justice Frankfurter's view,
abused citizens, in the main,
would have to sue in the state
courts; and while he conceded
that their chances of recovery
therein might sometimes be poor,
this is the necessary price to
maintain the federal-state system.
However, the majority opinion
was that Congress' purpose had
been to provide a federal remedy,
even though there was a State
one. The decision also held that
the damage suits would have to
be filed against the police officers
only as the city was not liable for
their acts.
The attorney for the Monroes,
Donald Page Moore, former staff
counsel of the Illinois Division,
ACLU, commented that the deci-
sion has important implications
in those parts of the United States
~where local courts may be swayed
by local prejudice. -
Harry Evans Dies
Harry L. Evans, 73, retired
shipping executive and one of
the founders of the Marin Chap-
ter of the ACLU, died last
month. A firm believer in free-
dom, Mr. Evans gave liberally of
his time to the ACLU. When the
Marin Chapter was started he
served on its boara and also
served as chairman of its mem-
bership drive. He was widely
loved, respected and admired. He
is survived by his wife, two mar-
ried daughters and one son, a
physician.
California Legislative Report
The California Legislature ended its 1961 session last
month after refusing to adopt the largest assortment of red-
hunting bills since the Korean war session in 1951. The red-
hunters were led by Assemblyman Louis Francis (R-San
Mateo), Assemblyman Bruce F. Allen (R-Los Gatos), Assem-
blyman Frank Luckel (R-San
Diego), Sen. John F. Thompson
(R-San Jose), Sen. Stanford C.
Shaw (D-Ontario), and Assembly-
man Charles Edward Chapel (R-
Inglewood).
Among the bills that were de-
feated were four measures to re-
place the Civic Center Act oath
recently declared unconstitutional
by the State Supreme Court, but
now pending before the U. S.
Supreme Court on a request for
review; a proposal to disbar sub-
versive attorneys; a bill to deny
teaching credentials to applicants
who have ever "refused to testify
or to answer on any grounds
whatsoever" questions about their
political associations, a bill to
deny unemployment insurance to
persons refusing to accept job
referrals where loyalty oaths are
New Dilworth
Act Opinion by
Atty. Gen'l Mosk.
In a sudden and unexpected
about face, Attorney General
Stanley Mosk has issued an
opinion dated June 12, 1961, and
signed by E. G. Funke, Deputy,
which reverses an earlier opinion
by Richard Mayers, Deputy, and
dated April 13, 1961, concerning
the Dilworth Act.
The new opinion states that the
old opinion was wrong in coming
to the conclusion that the State
Board of Education has no author-
ity to ask applicants for teaching
credentials questions concerning
past Communist affiliations. The
old opinion is limited to its
specific facts, i.e. to the cases of
John W. Mass and Tillman Erb.
However, even in the new
opinion it is recognized that as to
teachers holding valid credentials,
the Dilworth Act: gives the State
Board of Education and its Cre-
dentials Commission no power to
ask further questions concerning
the credential helder's qualifica-
tions. Thus, teachers now holding
valid credentials need not answer
the Commission's political ques-
tionnaires based on the Dilworth
Act.
required, a bill to re-establish the
tax exemption loyalty oath for
churches and veterans outlawed
in the Speiser case, a bill specif-
ically barring the Communist
Party from the ballot, and many
other measures, including a move
by Assemblyman Louis Francis
to establish a joint Senate-
Assembly committee on Un-
American Activities to replace
the present Burns Committee. Mr.
Francis did score a minor victory
when the Legislature adopted a
bill to require daily flag saluting
in the public schools.
In the field of censorship, the
Legislature did over-haul the
State's obscenity law, increasing
the penalties for second offenses,
prohibiting tie-in sales and codify-
ing the Supreme Court's defini-
. tion of obscenity. Also, offenses
must now be committed "know-
ingly" rather than "wilfully and
lewdly."
In the racial field, minor
progress was made while the
chief proposal, AB 801, prohibit-
ing racial discrimination in the
sale, lease, rental or financing of
all housing other than a single
unit dwelling occupied by the
owner as his residence, went
down to defeat under the pres-
sure of the real estate interests.
For example, racial restrictive
covenants in deeds Which are
unenforceable by the courts are
now invalidated, the Unruh Civil
Rights Act is extended to all
persons rather than citizens, and
discrimination is prohibited in
re-sale of Cal Vet homes. :
Also on the affirmative side,
the Legislature repealed the
Vagrancy Law (reported else-
where in this issue) and made
many needed changes in the Ju-
venile Court Law which should
bring a measure of due process (c)
of law to juveniles who~ are
brought before the court. -
Finally, it should be reported
that the State Senate Fact-
Finding Committee on Un-Ameri-
can Activities (The Burns Com-
mittee), will be with us another
two years.
Righting a Wrong
The Fact-Finding subcommittee on Un-American activ-
ities of the State Senate has corrected an old injustice, and
enhanced its own reputation, by setting its records straight
about the loyalty of the American Civil Liberties Union.
The ACLU is no friend of the committee. The report sug-
gests that the ACLU has been examined exhaustively, 34
pages being devoted to its affairs.
But it was said in complete honesty that the committee
declares itself "convinced that (the ACLU) is not a Commu-
nist-dominated
sense."
organization or a subversive front in any
_ This is a complete reversal of position. In 1948, and before
that in 1943, the committee, then under the chairmanship of
Senator Jack Tenney, had branded ACLU as a Communist-
front organization without any qualification. It had estab-
lished no basis in evidence for the charge - had in fact held
no substantiating hearings.
The present contrast is clear, and refreshing. Full cog-
nizance is taken of the fact that ACLU is controversial; too,
its director, Ernest Besig, was described as "`inclined to adopt
a tough, brusque attitude." But it was said succinctly that as
far as the committee is aware Mr. Besig "has never been a
member of a Communist-front organization."
We are glad to see the committee judging ACLU accord-
ing to facts, rather than prejudices. ACLU has done many
things, and taken many positions, with which we do not agree.
It has not always been popular and it has not particularly
sought popularity. What it has sought is justice according to
its honest concepts, mostly in behalf of people who have found
true justice elusive -Editorial, San Francisco Examiner,
June 14, 1961.
Crimes of Status Ended |
"vernor Signs
ill Repealin
Vagrancy Law
Governor Edmund G. Brown has signed a bill by Assem-
blyman John O'Connell of San Francisco repealing Califor-
nia's iniquitous vagrancy law and substituting in its place a
law punishing "disorderly conduct." The new law goes into
effect the middle of September.
"Our vagrancy laws," said the
Governor in signing the bill,
"were without doubt, the most
often abused and at the same
time the most difficult ones with
which to obtain a conviction in
court. Under the O'Connell bill,
we are saying, `It is what a man
does, not who or where he is
that defines the crime.' "
Archaic Law
In the past, such persons as_
District Attorney Thomas C.
Lynch. of San Francisco and Prof.
Arthur H. Sherry of the Univer-
sity of California have respec:
tively condemned the law as "ar-
chaic" and "completely indefen-
sible." It was often used against
minorities, strikers, the poor and
friendless and persons the police
wanted to hold for investigation.
San Francisco police even
ereated a special category of
"$1000 Vags." In these cases,
high bail was set to keep such
persons in jail while the police
searched for evidence against
them.
Many Civil Liberties Issues
Especially in San Francisco, -
application of the vagrancy law
has resulted in numerous issues
for. the ACLU. Even now, the
ACLU is defending a Negro who
is charged with vagrancy for
being parked in his car on the _
Marina green at a late hour, and
it has a damage suit pending
against an officer who arrested
two doctors as vagrants when he
found them taking a walk in the
Twin Peaks area of San Francis-
co late, one night.
Several years ago District At-
torney Lynch of San Francisco
testified that his office dismissed
between 1700 and 1800 vagrancy
charges a year-about 70% of all
such cases in San Francisco. In
this manner, thousands of per-
sons were given arrest records
that could not be expunged,
"Vag" Law Provisions
California's .vagrancy law is
` essentially the same today as
when it was originally enacted in
1872. As Prof. Sherry has pointed
out, "It is faithful to the concept
of status as a basis for punish-
ment, and, while its language
may not be as colorful as those
which are more faithful to the
original models, it is just as
vague, just as indiscriminate and
just as subject to abuse as any
of the others."
Favorite Weapons
In San Francisco, several sec-
tions of the law were the favorite
weapons of the police. One de-
fined a vagrant as "Every person
who wanders about the streets at
late or unusual hours of the
night, without any visible or law-
ful business,' while a second de-
fined a vagrant as "Every person
who roams about from place to
place without any lawful busi-
ness." A third subsection has
been applied to alleged homo-
sexuals. It defines a vagrant as
"Every lewd or dissolute person,
or every person who loiters in
or about public toilets in public
. parks."
"Common Drunkard"
The subsection which made
every "common `drunkard" a vag-
rant was outlawed as vague and
another subsection aimed at
"common prostitutes' has also
been meeting court attack for
vagueness.
The laws first subsection was
occasionally applied against strik-
ers and workers who refused to
accept assignments . agricul-
tural fields. It defines a vagrant
as "Every person (except a Cali-
fornia Indian) without visible
means of living who has the
physical ability to work, and who
does not seek employment, nor
labor when employment is of-
fered him." -
`Misorderly Conduct"
The new "disorderly conduct"
law, Sec. 647 of the Penal Code,
has eight sub-sections. For ex-
ample, under sub-section (bh) any-
one who "solicits or who engages
in any act of prostitution" is
guilty of disorderly conduct.
Sub-section (e) may result in
some problems for the ACLU; it
reads as follows: Every person
"Whe loiters or wanders upon
the streets or frm place to. place
without apparent reason or busi-
ness and who refuses to identify
himself and to account for his
presence when requested by any
peace officer so to do, if the sur-
rounding circumstances are such
as to indicate to a reasonable man
that the public safety demands
such identification," is guilty of
disorderly conduct.
Another Loitering Provision
Another "loitering" provision,
sub-section (d) is directed
against every person "Who loi-
ters in or about any toilet open
to the public for the purpose of
engaging in or soliciting any
lewd or lascivious or any unlaw-
ful act."
The public willbe well rid of
the vagrancy law. The disorderly
conduct law doesn't seem to give
as much opportunity for abuse
but arrogant police officers don't
need much excuse. It isn't
enough to have fair laws, we also
need a police force that operates
on the principle that the end
does not justify any means.
Baccalaureate
Services Banned
in Taft Schools
_ As a result of a ruling by Kern
County Counsel Roy Gargano that
baccalaureate services conflict
with a provision of the State Con-
stitution which states: "Nor shall
any sectarian or denominational
doctrine be taught or instruction
thereon be permitted, directly or
indirectly, in any of the common
schools of this State," the Taft
school officials on June 1 can-
celed exercises scheduled at Taft
Union High School and Taft Col-
lege. The Rev. Joseph Bruner,
pastor of Taft's first Baptist
Church, had been scheduled to
speak on `The Place of Faith in
an Age of Space."
Membership
Stands at
Record 4971
The paid-up membership of the
American Civil Liberties Union
of Northern California continued
to mount last month. On June 26
there were exactly 4971 paid-up
members or 480 more than a year
ago. In addition, there are 208
separate subscribers to the
monthly NEWS compared with
175 a year ago.
Last year, the membership
reached a record peak of 4581 on
-August 31. While there is not
much growth in membership be-
tween July and October, the Un-
ion's membership should climb
well beyond the 5000 mark by the
end of the fiscal year on Oct. 31.
Continental
Sunday Blue
Laws Upheld -
By High Court
Maryland, Massachusetts, and
Pennsylvania Blue Laws were re-
eently upheld by the U.S. Su-
preme Court, in an 8 to 1 opinion,
as having a secular character.
While recognizing that "the
original laws which deait with
Sunday labor were motivated by
religious forces," the court con-
cluded that "In the light of the
`evolution of our Sunday Closing
Laws through the centuries, and
of their more or less recent em-
phasis upon secular considera-
tions, it is not. difficult to dis-
cern that as presently written
and administered, most of them,
at least, are of a secular rather
than a religious character, and
that presently they bear no rela-
tionship to establishment of re-
ligion as those words are used in
the Constitution of the United
States.
Day of Rest for All
"The present purpose and ef-
fect of most of them," the court
went on to say, "is to provide a
uniform day of rest for all citi-
zens; the fact that this day is
Sunday, a day of particular sig-
nificance for the dominant Chris-
tian sects, does not bar the state
from achieving its secular goals."
The court warned, however,
that Sunday Blue Laws could be
ruled to violate the "Establish-
ment" Clause if they used "the
State's coercive power to aid re-
ligion."
Second Question
The Court was more closely
divided on the second question-
whether Blue Laws might consti-
tutionally be applied to Orthodox
Jews, Seventh Day Adventists,
and others whose religion re-
quires them to rest on another
day of the week. Brennan, Stew-
art and Douglas dissented.
Warren agreed that the laws
would. hurt Orthodox Jews and
others who celebrate Saturday as
the Sabbath. But he said "The
Sunday law simply regulates a
secular activity and, as applied
to appellants, operates so as to
make the practice of their re-
ligious beliefs more expensive."
San Jose State College Dismissals
Claim Political
enyine
Professors Bud R. Hutchinson
and William F. Stanton of San
Jose State College charged last
month that they were being
denied tenure for political and
not academic reasons. President
John T. Wahlquist termed the
charges ridiculous. -
Gentlemen's Agreement Exposed
Hutchinson, Stanton and two
other professors were responsible
for uncovering the "gentlemen's
agreement" among all state col-
lege presidents that students. dis-
missed from southern schools be-
cause of participating in sit-in
demonstrations should be ex-
cluded from state colleges. Pres-
ident Wahlquist admitted the
existence of this agreement when
San Jose State College refused to.
admit St. John Dixon because he
did "not have an honorable with-
drawal". from his college. After
intervention by Attorney General
Stanley Mosk, Dixon was even-
tually allowed to register.
Cases Handled. Differently
Denial of tenure to Hutchinson
and Stanton was handled dif-
ferently than in other cases. They
alone received notification after
April 15; in fact, in their case
such notices were received only
five school days before the end
of the semester.
Also, no established faculty
committees were consulted with
respect to the qualifications of
these men. The heads of the
departments acted over the op-
position of almost all of their
colleagues.
Retaliatery Action
It is also alleged that after the
St. John Dixon affair, Professor
Hoyt, who had also participated
in the exposure, was told by
Professor Andrew Lassen, head
ACLU Suit Tests Arrests
Of Freedom Riders
A challenge of local loitering ordinances in Mississippi be-
ing used to convict Fredom Riders who are protesting segre-
gated bus terminal facilities was made on June 21 in the Fed-
eral District Court in Biloxi, Miss., by
Liberties Union.
The Union provided legal as-
sistance to Elizabeth Porter
Wyckoff, a free lance writer of
New York City, who was arrested
on June 2 with a group of other
white persons when they accom-
panied a group of Negroes into
the all-white waiting room of the
Bus Terminal in
Jackson, Miss. Miss Wyckoff was
convicted on a charge of breach
of the peace for refusing to obey
a police order to leave the ter-
minal. She was sentenced to four
months in jail and a $200 fine.
The jail sentence was suspended.
Because the fine was not paid,
she was jailed to work it off at
the rate of $3.00 a day.
Habeas Corpus Petition Filed
William M. Kunstler of, New
York City, an ACLU cooperating
attorney, and Jack H. Young, an
attorney of Jackson, filed a
habeas corpous petition with
Federal Judge Sidney Mize in
Gulfport on June 17. Judge Mize
granted a show cause order and
scheduled a hearing on June 21
in the Federal District Court in
Biloxi. Kunstler and Young rep-
resented Miss Wyckoff for the
ACLU.
The habeas corpus petition ar-
gued that the breach of the peace
ordinance was being unconstitu-
tionally applied because it denied
Miss Wyckoff her liberty without
the due process of law guaran-
teed by the Fifth and Fourteenth
Amendments and her freedom of
speech and assembly protected
by the First Amendment. It was
further charged that she was be-
ing subjected to involuntary ser-
vitude in violation of the Fif-
teenth Amendment. !
4
the American Civil
State Remedy Inadequate
The petition noted that Miss
Wyckoff could not challenge her
conviction by appealing to the
Mississippi courts as she could
not afford to pay the bond re-
quired to appeal and the fine
would be worked off in 66 days
which is before the time the ap-
peal would be heard, thus moot-
ing the case. The ACLU said the
lawyers' argument centered on
the technical issue of how a ha-
beas corpus petition can be
granted before a prisoner ex-
hausts state remedies. The attor-
neys focused on the decision of
the United State Supreme Court
in Griffin v. Hlinois which held
that the right to appeal in state ,
courts could not constitutionally
be defeated by refusing to pro-
vide an indigent defendant with
a copy of the trial transcript nec-
essary to take the appeal. It was
urged that Miss Wyckoff's situa-
tion is analogous to that in
Thompson vy. Louisville where
the sentence meted out was so
low the conviction was not ap-
pealable in the Kentucky state
courts. The Supreme Court held
that the case could be brought
directly to the attention of the
federal courts; in that case the
Supreme Court itself.
May End Arrests
The technique of the habeas
corpus hearing will allow Miss
Wyckoff to challenge the use of
the basic loitering ordinances by
local authorities to enforce seg-
regation. If successful, it will
bring to an end the multiplying
arrests of Fredom Riders in Mis-
sissippi and other southern
states.
Tenure
of the Department of Economics,
that because of that affair he
would have to return to the busi-
ness school "because the admin-
istration wants to split you (Hoyt,
Hutchinson and Stanton) up."
Fourth Professor
It is also claimed that retal-
jatory action was taken against
the fourth professor involved in
the exposure, Prof. Mervyn L.
Cadwallader, in that he was
denied promotion even though his
department gave him the highest
recommendation. :
Hutchinson and Stanton have
One more year to teach at San
Jose, They have asked the Board
of Trustees of the State College
`System to investigate their dis-
missals.
Will Appeal!
Obscenity Case .
Guilty Verdicts
On the sixth day of trial the
Municipal Court jury in the case
of the Daly City Cigar Store
owners, Jack and Mae Shaver,
found both defendants guilty of
wilfully and lewdly offering for
sale three obscene books with
knowledge of their contents. The
jury's verdict will be appealed.
The Shavers were represented at
the trial by the ACLU staff coun-
sel, Marshall W. Krause.
No Knowledge |
The Shavers maintained that
they had no knowledge of the
contents of the books in question
and felt their sale was permissible
because they were distributed by
the same distributor handling the
major national periodicals and
pocket book lines. The store
stocks many hundreds of different
titles of paperback books. The ~
three books in question are
- Original pocket book novels and
are readily available in many
stores in most Bay Area com-
munities.
Confused by Demands
The Shavers insisted that they
were only confused by the many
orders from various members of
the Daly City Police Department
. to "clean up this store" and "get
this book off the stand." They -
were also put under considerable
pressure from a local group
called Citizens for Decent Liter-
ature. This group made many "in-
spections" of the Shavers' store
and many "reports" to the Daly
City Police Department.
The Sentences
On June 22nd the trial judge,
Charles Becker of the South San
Francisco Municipal Court, stated
that he was in full agreement
with the verdicts of the jury and
sentenced each defendant to pay a
$500 fine and spend 30 days int
the county jail. All of the' jail
sentence was suspended for Mrs.
Shaver and 15 days of the `sen-
tence suspended for Mr. Shaver
on condition that they be on one
year's summary probation to the
court. The court refused to ac-
cept the probation officer's rec-
ommendation of straight proba-
tion. The judge also stated that
in his opinion the distribution of
such material has a serious detri-
mental effect on the community
and that if anything is even close
to the line of impropriety the re-
tailer should exercise his judg-
ment and not offer it for sale.
Contention on Appeal
`On appeal to the Appellate De-
partment of the San Mateo
County Superior Court it will be
argued that the evidence was in-
sufficient for conviction and that
the court erred in refusing to
hear additional defense testimony
such as that offered by psychia-
_ trist Norman Reider, M.D., con-
eerning the effects of this litera-
ture on its readers.-M.W.K.
ACLU NEWS |
July, 1961 -
Page 3.
State Criminal Trials
The United States Supreme Court's sweeping June 19
decision forbidding the introduction of illegally seized evi-
dence in state criminal trials was hailed by the American
Civil Liberties Union last month as a milestone in the history
of American civil liberties.
The Union's national executive
lirector, Patrick Murphy Malin,
aid in a public statement that the
sourt's decision in the Mapp case
vroadens the protection of a fair
`rial for individuals and will also
make local police officials more
respectful of constitutional rights.
The civil liberties spokesman said
the ACLU was especially pleased
by the decision because the Union
was responsible for raising the
search-seizure point with the
Court.
Due Process Strengthened.
"This decision greatly strength-
ens the principle of due process of
law,' Malin said, adding: "It makes
absolutely clear that the Fourth
Amendment's protection against
illegally obtained evidence, which
has long been applied in federal
courts, can. no longer be circum-
vented in state criminal trials. .It
recognizes a growing trend of rec-
ognition by the states themselves
that the admission of such evi-
dence flouts a basic constitutional
provision.
May Improve Police Practices
"One main civil liberties prob-
lem today is the failure of local
police officials to adhere to con-
stitutional standards in enforcing
the law. This failure applies not
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involving racketeers and other
criminal elements in our society,
but frequently to the `little guy' in
the community against whom the
police too frequently act with
whim and capriciousness. The Su-
preme Court's decision, in effect,
informs these police officers that
their failure to observe constitu-
tional standards no longer is ac-
ceptable at the local level. In the
long run the decision may prove
to be a major educative force in
improving police practices in the
country."
Search Without Warrant
The Mapp case was brought to
the Supreme Court primarily to
challenge the constitutionality of
the Ohio law barring "mere pos-
session" of obscene material. In
1957 three policemen, looking for
gambling materials, went to Mrs.
Mapp's house, and entered without
a search warrant. When she re-
, sisted, they handcuffed her. They
found no gambling material, but
they did find some obscene books
that she said belonged to a tenant.
The seized books were admitted at
Mrs. Mapp's trial and she was con-
victed. She drew a sentence of
from one to seven years. When
Mrs. Mapp's appeal reached the
Supreme Court, her attorney ar-
gued the "mere _ possession"
issue only and did not request the
high court to deal with the search-
seizure evidence point. The Su-
preme Court in its 1949 Wolf de-
cision had said it was not uncon-
stitutional for state courts to
admit illegally seized evidence.
ACLU Injected Search Issue
In its friend of the court brief
arguing against Ohio's "mere pos- ~
. session" law, the ACLU and its
affiliate, the Ohio Civil Liberties
Union, asked the court to reverse
the Wolf ruling. Its brief said:
"This case presents the issue of
whether evidence obtained in an
illegal search and seizure can con-
stitutionally be used in a State
eriminal proceeding. We are aware
of the view that this Court has
taken on this issue in Wolf v. Col-
orado, 338 U. S. 25. It is our pur-
pose by this paragraph to respect-
fully request that this Court re-ex-
amine this issue and conclude that
ACLU NEWS
July, 1961
` Page 4
the ordered liberty concept guar-
anteed to persons by the due pro-
cess clause of the Fourteenth
Amendment necessarily requires
that evidence illegally obtained
in violation thereof, not be admis-
sible in a state criminal proceed-
ing." :
Common Sense and Morality
The majority opinion, in the
5-4 decision, was written by Jus-
tice Tom Clark, It said that it
was only common sense and mor-
ality to require the same rule for
federal and state trials. Re-exam-
ination of the Wolf case led the
majority, Justice Clark said, "to
close the only courtroom door
open to evidence secured by offi-
cial lawlessness... ."
Harlan Speaks for Minority
Justice John H. Harlan, who
wrote the dissenting opinion,
made special note of the fact that
Mrs. Mapp's attorney did not
raise the Wolf case and that it
had come to the Court's attention
. only because the ACLU and the
OCLU presented the issue in
their friend of the court brief.
Justice Harlan said the important
questions raised in the Wolf case
really weren't heard by the
Court. The dissenting opinion
urged that there be no departure
from the Wolf ruling chiefly on
the ground that the Court should
not impose. rigid federal re-
straints on state practices. -
"Although. the search-seizure
point was not the major issue ar-
gued in the Mapp case," Malin
commented, "this does not les-
sen its importance or the signifi-
cance of the Court's action. The
fact is that until the June 19 rul-
ing state courts could admit evi-.
dence that was obtained in direct
contravention of the Fourth
Amendment. The court properly
saw the constitutional defect in
this situation and acted to bring
the state courts into line with
guarantees clearly set forth in
the Bill of Rights. This is a ma-
jor civil liberties advance."
HUAC Contempt
Conviction
Reversed
In a 5 to 4 decision, the U.S.
Supreme Court last month re-
versed the contempt of Congress
conviction of Bernard Deutch.
Justice Potter Stewart lined up
with the "liberal" members of
- the court and wrote the prevail-
ing opinion,
Deutsch was subpoenaed to
testify before the House Commit-
tee on Un-American Activities at
a hearing in Albany, New York.
The purpose of the hearing was
announced to be an investigation
of Communism in the Albany
area and particularly within the
labor field.
Deutsch was asked questions
about his associations at Cornell
University. He admitted past
membership in the Communist
Party and answered questions
about his own activities, but he
refused to inform on other per-
sons. His refusal to answer five
questions led to his indictment.
The statute defines the crime
as refusal to answer "any ques-
tion pertinent to the question un-
der inquiry." The court decided
that "It was incumbent upon the
prosecution in this case to prove
that the petitioner had commit-
ted the offense for which he was
indicted. One element of that of-
fense was the pertinence to the
C.0. Barred from
Practice of Law
In Washington
The U.S. Supreme Court has
refused to review a 6-3 decision
of the Washington state Supreme
Court which held that the Board
of Governors of the State Bar
Association had not been "arbi-
trary or capricious" when it re-
fused Robert Boland Brooks' re-
_ quest to take the bar examina-
tion because of his felony con-
viction arising from his consci-
entious objector status in World
War II. This conviction made
him "not a man of good moral
character,' the Washington high
court said.
Work Camp Rejected
Brooks' conviction of a felony
during World War II grew out of
his refusal, as a conscientious ob-
jector, to report to a non-com-
batant work camp. He was then
charged as being "unjustifiably
defiant of the laws of the United
States."
The Board's rejection of
Brooks' application and the state
Supreme Court's upholding of its
decision were based on the
judgement of his moral character,
because otherwise he had com-
plied with all the requirements
for persons taking the bar exam.
No Change In Principles
The majority opinion found
that "there has been no substan-
tial change in the felonious prin-
ciples to which Brooks adheres"
and that his "fixed refusal to aid
a war effort is directly and nec-
essarily in question when he
seeks admission to practice law."
The court decided that since he
was "without a sense of duty"
and did "not measure up to the
standard of citizenship expected
of an attorney at law," the Board
was correct in not: permitting
him to take the test for the bar.
In his concurring opinion,
Judge Finley took exception only
to the "broad implication of the
majority opinion that a CO per
se is morally unfit to practice
law." He maintained that only
Brooks' refusal to "comply with
the conditional requirement of
the (Selective Service Act)-that
he report to a work camp-was
unreasonable and not morally
justifiable" and that this lack of
a "basie duty of obedience to the
law" disqualified him for prac-
tice of law in the state.
No Moral Turpitude
Judge Hill's dissenting opinion
found nothing in Brooks' choos-
ing imprisonment rather than
service in a work camp to indi-
cate he was not a man of "good
moral character." He felt Brooks'
World War II conviction was
justifiable but that its back-
ground - his adherence to a
firmly, held principle - did not
indicate moral turpitude. In find-
ing "no rational connection be-
tween the claimed. disqualifying
acts and the applicant's fitness
to practice law," Judge Hill cited
other men "of deep and strong
convictions" who "preferred jail
rather than do what (their) con-
sciences said (they) should not
do" and requested, for the minor-
ity, that Brooks be permitted to
take the bar examination.
Meeting Postponed
Last month's meeting of the
Mid-Peninsula chapter, postponed
because of the absence of the
scheduled speaker, will be held
sometime this month or in
August,
subject matter under inquiry of
the questions the petitioner re-
fused to answer. We hold, as a
matter of law, that there was
failure of such proof in this case."
At another point, the court said,
"We hold only that the govern-
ment failed to prove its case."
The court noted that Deutsch
was questioned about his activi-
ties at Cornell University, which
is 165 miles from Albany and
hardly within the announced area
of the Committee's investigation.
Questions about associations at
Cornell University were, there-
fore, not pertinent to the investi-
gation,
The ACLU Depends Upon
The Help of Volunteers
It's the volunteers who make ACLU's wheels go `round.
They are the key levers in almost every program area: edu-
cation, membership or even getting out the NEWS.
Hardly an office procedure goes on without their help-
ing hands - keeping records up to date, checking and
rechecking names and addresses,
stuffing envelopes, stamping,
sealing, addressing bundling
mail, collating and stapling re-
ports, typing - and on and on,
with the essential routine jobs of
day-to-day.
Special projects or campaigns
during the year hinge on them.
They telephone. They do re-
search. They design posters and
paint signs. They arrange parties.
They plan meetings.
A Varied Group
ACLU's volunteers are as
varied as they are many. No con-
formity here in personalities or
talents. They represent all walks
of life of the Bay Area. They
come from Marin, across the Bay,
the Peninsula and every corner
of San Francisco. They bring a
galaxy of skills. They are house-
wives, students, secretaries, ar-
tists, craftsmen, librarians, teach-
ers, lawyers and professional men
and women from many fields.
Some come in regularly, with
a day or two set aside each week
for the ACLU. Some appear as
their schedule allows. Some an-
Report on
Subversion |
Clears ACLU
According to press stories the
Burns Committee (State Senate (c)
Fact-Finding Committee on Un-
American Activities) in its latest
report released to the newspapers
last month has concluded that
the American Civil Liberties
Union is not now "a Communist-
dominated organization or a sub-
versive front in any sense."
"In its lengthy (34-page) dis-
cussion of the ACLU," says the
San Francisco Chronicle, "the re-
port found many faults with the
organization - including what it
considers a penchant for defend-
ing left-wingers but not right-
wingers. The report praised Na-
tional Director Patrick Murphy
Malin and Northern California
Director Ernest Besig."
The ACLU sought to secure a
copy of the report from Sen.
Hugh Burns but was informed on
June 14 that it -would not be
ready for three or four weeks.
Thus, persons mentioned in the
report have inadequate informa-
tion to reply to the Committee
and in another 30 days, as colum-
nist Arthur Caylor put it, "the
whole thing will be as dead as
Anthony's interest in Cleopatra."
In 1943 and again in 1948 when
the committee was under the
leadership of Sen. Jack Tenney it
declared that the ACLU was "a
Communist front or `transmission
belt' organization." On October 24,
1947, the Committee's counsel,
Richard E, Combs, made a con-
trary statement, as did Sen. Burns
in a press release last April.
swer to a call for help. Some do
the work at home. One reports
everyday, working from about
9:30 a.m. to 4:00 p.m. She is "Mrs.
Civil Liberties,' the living
image - in philosophy, wit and
social responsibility. |
Some of the Regulars
Then there's Helen Rooney, a
legal secretary who gives an
hour after work twice a week.
There's Margot Katz, social-
agency secretary, who tackles our
typewriter Saturday mornings, at
lunch time or after working
hours. There's Barbara Slickman,
who meets an emergency at all
times, into the wee hours, Satur-
days, Sundays or Washington's
birthday. There's Polly Hager,
graduate student, who typed morn-
ing, afternoon and night for
weeks until Berkeley's member-
ship committee commandeered
her for the drive. There's Neva
Arnold, who gives an afternoon
a week to whatever needs doing. |
There's Lulu McClees, who drops
in for several hours, now and
again, whenever she can.
Persons On Call
A telephone call is all that's
needed to bring in:~ Margaret
Smith, Marcel Fanconi, Ding
Arian, .Fran Strauss, Libby
Youhn, Audrey Janisen, Ann
Davis, Simona Schwartzberg,
Gretchen Relyea, Sherry Ram-
sow, Spencer Crosley, Koo Oka-
moto, Barbara Rachow, Jan Ru-
bin, Roz Watkins, Mrs. Thomas,
Eldred Vanderlaan, Barbara Gol-
den, Tona Cornette, Mollie Nolan,
Veta Appele, Ruth Opper and
Jack Youree.
Seminar Volunteers
Over 50 members contributed
their time and skills to the
HUAC seminar last March. The
charming efficiency of Susan
Bierman and Doris Kahn, co-
chairmen on arrangements, at-
tracted 34 volunteers to help in
registration, hostessing and
manning the. literature tables.
Two artists, Marjorie Ullberg
and Ray Carney, created the eye-
catching posters and signs inside -
and outside the school. Laurent
Frantz annotated two excellent
sets of bibliographies, a technical
one for the panelists and a pop-
ular one for people enrolled in
the seminar.
Membership Drive
On the membership drive, area
committees range from a few to
over 100 volunteers, depending
on the geography of each locale.
They coordinate with the office,
keep the wires open to prospec-
tive members, throw parties and
conduct educational sessions -
all key to the 780 new members
and 72 NEWS subscribers added
up during the drive by June 23.
It's all these devotees we have
to thank for keeping our civil lib.
erties alive. They are the "doers
of the deed" who make ACLU
work in our communities
The first right of a citizen
Is the right
To be responsible.
JOIN TODAY
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OF NORTHERN CALIFORNIA
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