vol. 27, no. 11
Primary tabs
_ tation."
_ . American
Civil Liberties
Union
Volume XXVII
San Francisco, November, 1962
Supreme Court Denies Rehearing
Jack Owens Wins Back
His College Teaching Job |
The California Supreme Court, by a 5 to 2 vote, has re-
_ fused to grant a hearing in the Jack Owens case, and, as a re-
sult, the 2 to 1 decision of the Third District Court of Appeal
ordering Owens' reinstatement to his teaching job at Lassen
Junior College in Susanville has become final. In fact, Owens
began teaching on October 15.
On May 13, 1959, Owens was
fired. from his job on grounds
of "unprofessional conduct" for
writing five letters to the `"Las-
sen Advocate," a weekly paper,
criticizing public education in
Lassen county and the California
Teachers Association.
Right to Differ
In its opinion the District
Jack Owens
Silence Replaces
Prayer as. ,
Ruling Awaited
Pending receipt of a legal
opinion from the County Counsel
of Sonoma county, the Kenwood
School District has discontinued
- prayer recited in its kinder-.
garten class and substituted a
period of silence. This action re-
sulted from the protests of a
father who objected to saying of
Grace before milk was served to
the children.
Principal Alfred Carniglia in-
formed the father that the prayer
"is found in a State text book"
and that the children "were not
required to participate in its reci-
~The ACLU informed Mr. Car-
niglia of its interest in the mat-
ter and is awaiting the decision
of the County Counsel. 5
Gifts to ACLU
Tax Exempt
The Internal Revenue Service |
`ruled last month that contribu-
tions made to the ACLU of.
Northern California `are deduct-
ible for Federal Income tax pur-
poses beginning September 13,
1962. A similar ruling was made
by the State Franchise Tax Board
four years ago.
The ruling of the Internal
Revenue Service declares that
"Contributions made to you are
deductible by donors as provided
in section 170 of the Code, be-
ginning September 3, 1962. Be-
quests, legacies, devices, trans-
fers or gifts to or for your use are
deductible for Federal estate and
gift tax purposes . . . beginning
September 13, 1962.' The ex-
emption was based on a showing
that this branch of the ACLU is
"organized and operated exclu-
sively for charitable and educa-
tional purposes."
Court of Appeal declared, "It
was not the court's function to
debate the subject of proper ad-
ministration of the school sys-
tem. Within the limitations
previously discussed (disruption
or impairment of discipline of
the teaching process), defendant
had the constitutional right to
`differ with the court and the ad-
ministration over what is proper
management... ."
Back Pay
_ Owens teaches sociology,
American history, and political.
science. His present salary is
$6500 per year. He collected
$15,545 in back pay, less $3293
for withholding taxes and retire-
ment.
3 After his dismissal, Owens was
"an unsuccessful candidate for
Assemblyman, running as a Re-
publican. In the Republican pri-
maries, he supported Joe Shell
for Governor. 3
ACLU Sponsorship.
The ACLU intervened in the
case when the Superior Court.
of Lassen county upheld Owens'
dismissal. Albert M. Bendich,
former staff counsel, continued
to handle the case forthe ACLU
even after he took up teaching
two years ago. The ACLU spent
more than $2500 in handling the
case. Much of this will be re-
covered in costs to be collected
from the School District.
Suit Filed To
Test Telephone
Co. Immunity
In October of 1961 Edgar J.
Sokol had his telephone removed
from his place of business with-
out notice, hearing or opportu-
nity to meet any accusations
made against him. This was done -
under a rule of the State Pub-
- lic Utilities Commission allow-
be
ing a telephone company to re-
move a telephone when they re-
ceive a letter from any police
officer stating that there is
reasonable cause to believe the
instrument is being used to aid
and abet an illegal purpose. The
rule specifically makes the tele-
phone company immune from -
damages for any civil liability if
they act on such a letter.
The ACLU demanded a hear-
ing before the Public Utilities
Commission in the Sokol matter
and the phones were reconnected
by order of that body 10 days
later when the police department
spokesman could produce no evi-
dence that the phones were be-
ing used to aid and abet an iL
legal purpose. The suit alleges
`Sokol's business was destroyed
by not having telephone service
for 10 days and asks that $30,000
damages be awarded against the
company, Police Chief Cahill,
and Sgt. Mullan of the San Fran-
cisco Police Department.
~The ACLU will contend that
the rule immunizing the tele- -
phone company from civil liabil-
ity is unconstitutional as allow-
ing deprivation of property
rights without due' process of
law and without just compensa-
tion.-M.W.K.
Number 11
Wiley A. Branton, speaker at
annual meeting. C
Who's Against
The Francis :
Amendment? |
Political leaders are against
the Francis Amendment, includ-
ing Governor Edmund G. Brown
and. Richard M. Nixon, Casper
Weinberger, State Chairman of
the Republican Party and Eugene
Wyman, State Chairman, Demo-
cratic Party. :
Newspapers are against Prop.
24, including the San Francisco
Chronicle, Examiner and News
Call-Bulletin, the "Los Angeles
Times and Sacramento Union,
Business leaders are against the
measure, including the California.
_ State Chamber of Commerce, the
California Junior Chamber of
Commerce and even the San .
Diego Chamber of Commerce.
Labor is against the Francis
Amendment, including the Cali-
fornia State-Federation of Labor,
AFL-CIO and independent un-
ions, |
Teachers are against the pro-
posal, including the California
Teachers Association, the Ameri-
can Federation of Teachers and
the Elementary and Secondary
School Administrators' Associa-
tions, :
Churches are opposed to Prop.
24, including the- Northern
California -Nevada Council of
Churches, the Presbyterian Sy-
nod of California and the United
Presbyterian Church, Synod. of
California. ~ .
Civic organizations such as th
Commonwealth Club of San Fran- |
cisco, the California Congress of
Parents and Teachers, the Lafay-
ette Club and the American Civil
Liberties Union in both northern
and southern California are op-
- posed to the Francis Amendment.
TV Station KPIX and Radio
Station KNX have also taken a
stand. against the measure.
Who's for Prop. 24, besides
Mr. Francis? Patriotic and vet-
-eurorans groups such as the Ameri-
can Legion, Sons of the Ameri-
can Revolution, Military Order
of World War, the D.A.R. and-
conservative churches such as the
Conservative Baptist Association
of the San Francisco Bay area.
ie `
in This Issue .. .
Amicus Curiae Brief to be
filed in Brown Case___. p.3
' ACLU Has Reservations _
About New Education
NG Se ee p.4
ACLU Statement on
Meredith and Walker
CaS@S 23 aS p.2
Drive Opens for
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_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch 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 $57,964.30 to Fill
Budget. ee p.3
Lundquist Denied
Damages on Appeal .... p. 2
28th Anniversary Meeting
Wiley A. Branton, courageous negro attorney and director
of the Voter Education Project of Atlanta, Georgia, will
address the 28th annual meeting of the ACLU of Northern
California on "The Rape of the Fifteenth Amendment." The
meeting will be held at the San Francisco Hall of Flowers on
Thursday evening, November 15
at eight o'clock:
Howard Friedman, chairman of
the Board of Directors, will pre-
side. Ernest Besig, ACLU Execu-
tive Director, will give his annual
report on the state of the Union.
Order Your Tickets Now
Open to the general public,
the annual meeting is an excell-
ent opportunity for members to
introduce friends to the ACLU.
Since the Hall of Flowers has a
_ Seating capacity of only 650, it is
advisable to ORDER YOUR
TICKETS WITHOUT DELAY.
Please include a self-addressed,
ACLU Challenges
`Congregating'
Ordinance
Eighteen year old Edward
Viohl is charged in San Fran-
cisco Municipal Court with as-
sociating with two other persons
under the age of 21 just after
8 p.m. on a public street in San
Francisco. This seemingly harm-
less conduct is in reality a viola-
tion of Section 538 of the San
Francisco Police Code which
reads as follows: "It shall be un-
lawful for three or more persons
under the age of 21 years to con-
gregate or assemble, or engage
`im any sport or exercise, or to
make or endeavor to make any
noise or disturbance, on any pub-
lic street, between the hours of
8 p.m. and daylight of the follow-
ing morning."
The ACLU will attack the con-
stitutionality of the ordinance in
a proceeding set to be heard be-
fore Municipal Judge Leland
Lazarus on October 29. The at-
tack will be three-pronged: 1)
the ordinance is an unreasonable
exercise of police power interfer-
ing with freedom of speech and
assembly; 2) the ordinance and
especially the word "congregate"
is unconstitutionaly vague and in
violation of due process of law;
and 3) the ordinance is impos-
sible of equal enforcement as it
is obviously violated thousands
of times every day by persons
-under 21 meeting together in
groups of three or more after 8
p.m. to talk, plan activities, wait
for the bus, walk to meetings or
home from meetings, and even
by 5 and 6 year-olds playing tag
4
on the sidewalk after 8 p.m. dur-
ing the long summer evenings.-
M.W.K, :
Howard A. Friedman and Ernest Besig, ACLU chairman and execu-
tive director respectively, who will participate in annual meeting.
stamped envelope to expedite
mailing the tickets to you. The
admission of $1.00 also covers re-
freshments, which will be served
ac the conclusion of the evening's
program. ;
Voter Education Project
The Voter Education Project,
administered by the Southern Re-
gional Council, with which Mr.
Branton is presently associated,
is a cooperative effort of the
Congress of Racial Equality,
NAACP, National Urban League,
Southern Christian Leadership
Conference and the Student Non-
violent Coordinating Committee,
along with many local organiza-
tions throughout the South.
Started Early
Mr. Branton has played an ac-
tive role in the struggle for civil
rights. A native of Arkansas, he
was the first Negro to graduate
from the State university School
of Law. As a practicing attorney,
he successfully challenged the
"for whites only" justice of.
southern law and order. He saved
the life of a Negro man accused
of having raped a white woman;
as a special prosecutor he se-
cured the conviction of a white
_Iman for-a sexual attack on a 7-
year old Negro girl: and he won
reversal of the death sentence
imposed on a 19-year old Negro
for the alleged murder of a
white employer. a
Counsel in Little Rock Case
Mr. Branton first came to na-
tional attention in the Little Rock
School crisis. He was chief coun-
sel for the Negro plaintiffs from
the time of the original suit in
1956, through every hearing in
the District Court, U. S. Court of
Appeals and the U. S. Supreme
Court. He also represented the
Negro plaintiffs in the Dollar
Way, Arkansas, cases against
-Segregation in public facilities,
Recent Issues
In the deep South, Mr. Bran-
ton has' extended his legal de-
fense to the freedom riders, the
sit-ins and the `criminal an-
archy" defendants. He repre-
sented the first freedom riders
in Jackson, Mississippi. He de-
fended CORE against the
McComb, Mississippi, injunction
suit. He is currently co-counsel
for the defendants in the "crim-
inal anarchy" cases growing -out
-Continued on Page 4
AMERICAN CIVIL LIBERTIES UNION NEWS
Published by the American Civil Liberties Unicon of Northern California
Second Class Mail privileges authorized at San Francisco, California
. ERNEST BESIG... Editor :
503 Market Street, San Francisco 5, California, EXbrook 2-4692
Subscription Rates -- Two Dollars a Year
Twenty Cents Per Copy
Ralph B. Atkinson
Dr. Alfred Azevedo
Theodore Baer
Prof. Arthur K. Bierman
Rey. Richard Byfield
Prof. James R. Caldwell
William K. Coblentz
Richard DeLancie.
Rabbi Alvin I. Fine
Mes. Zora Cheever Gross
John J. Eagan
Prof. Van D. Kennedy
Rey. F. Danford Lion
Prof. Seaton W. Manning
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
Mes. Paul Holmer -
Mrs. Mary Hutchinson
Richard Johnston
Roger Kent
Board of Directors of the American Civil Liberties Union
of Northern California
CHAIRMAN: Howard A. Friedman
VICE-CHAIRMEN: Dr, Alexander Meiklejohn
Helen Salz
Rev. Harry B. Scholefield
SECRETARY-TREASURER: John M. Fowle
EXECUTIVE DIRECTOR: Ernest Besig
Cemmittee of Sponsors
John R. May
Lloyd L. Morain
Prof. Herbert L. Packer
William M. Roth
Clarence E. Rust
Mrs. Alec Skolnick
Mrs. Martin Steiner
Gregory S. Stout.
Stephen Thiermann
Richard J. Werthimer
Bonald Vial
GENERAL COUNSEL ~
-Wayne M., Collins
Mrs. Ruth Kingman
Prof. Theodere 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. Rey. Sumner Walters
Desegregation In Mississippi
The American Civil Liberties Union on October 5 highly
commended the government for its handling of the James
Meredith case in Mississippi. At the same time, the organiza-
tion expressed the belief that former General Edwin A.
Walker had been denied due process after his arrest at Ox-
ferd and catitioned against im-
pairment of other citizens' rights
there. While urging that "the
most meticulous judgment be
used to insure James Meredith's
safety and the continued enforce-
ment of the orders of the United
States courts,' the Union looked
forward to the early return of
Jaw enforcement to local offi-
cials.
Use of Military Inevitable
"We think that the President
and yourself acted with expert
judgment to uphold the orders
ofthe United States courts which
are: the law of the land," ACLU
Chairman Ernest Angell wrote
Adtterney General Robert F.
Kennedy. "It is unfortunate that
the officials of the State of Mis-
sissippi allowed the situation to
deteriorate so seriously that the
use of troops was necessary. Un-
der the circumstances, however,
the use of miiltary power was
inevitable. ...0x00B0
"We hope, as we are sure you
do, that the extraordinary use
of! the armed forces will not be
continued longer than is ahso-
Jutely necessary, and we are
gratified that some of the mili-
tary: force has left Oxford." The
eivil liberties organization,
wrote Angell, felt that "random
roadblocks to search automobiles
for weapons should be ended"
and that all persons in custody
should be released or charged
with crimes and accorded hear-
ings promptly.
t Treatment of Walker
r
! Newspaper reports from Mis-
sissippi were ambiguous about
the number arrested or held
ACLU NEWS
Paqe 2 NOVEMBER, 1952
without charges. But the Union
expressed even deeper concern
about the treatment of Walker.
Reviewing the case, the letter
-mailed prior to Walker's re-
lease on reduced bail-said
ACLU considered that the gov-
ernment made improper use of
Section 4244 of Title 18 to de-
termine whether the defendant
was competent to stand trial on
the charge of insurrection and
inciting a riot.
No Representation
"We understand that neither
Walker nor any attorney on his
behalf, was before the court at
the time that application was
made and the order issued, or
even notified that the hearing
was to be held,' Angell wrote
Kennedy. He also noted that the
court heard testimony by a psy-
chiatrist who had not examined
the former general.
Insure Due Process of Law
"There is, of course, no ques-
tion but that the government was-
empowered to act under Section
4244" Angell stated. "We think,
however, that its application in
this case was improper. Al
though the language of the sta-
tute is not clear on the point, a
far better procedure to insure a
`defendant due process of law,
would require that the Section
4244 application filed by the
United States Attorney not be
an ex parte proceeding. Under
the circumstances, it would have
been far better if Walker were
held over night and allowed to
appear before the court for per-
sonal observation and afforded
the right to have counsel argue
on his behalf in opposition to
the application if it was so de-
sired...."
ACLU Secures
Revision of
Fandbilli Law
The City of El Cerrito, con-
cerned with the problem of litter
on its streets, considered adopt-
ing an ordinance to control the
problem. The ordinance submit-
ted to the City Council was
drafted without regard for the
constitutional right of citizens to
distribute noncommercial hand-_
bills in public places without re-
striction and without having to
obtain a permit. The proposed
ordinance also forbade anony-
- mous handbills.
A person who distributed or
caused to be distributed a hand-
bill "which may reasonably tend
to incite riot or other public dis-
order, or which advocates dis-
loyalty to or the overthrow of
the government of the United
States, or of this State ... or
which urges any unlawful con-
duct, or encourages or tends to
encourage a breach of the public
peace or good order of the com-
munity; or which is offensive to
public morals or decency, or
which contains blasphemous, ob-
seene, libelous, or scurrilous lan-.
guage," could be put in jail for
six months and fined $500.00.
ACLU staff counsel Marshall
Krause pointed the Council's at-
tention to the constitutional de-
fects of the above provisions of
the proposed ordinance. `The
Council then ordered it redrafted
to conform to the Constitution.
Credit for eliminating this poten-
tial repression of civil liberty
should go to ACLU member Rob-
ert Douthitt of El Cerrito, who
called the ACLU office and
alerted it to the problem.
-M.W.K.
Wolfe Sells
Mag. on Streets
Without Permit _
Burton H. Wolfe, publisher of
"Phe Californian' + and "Ihe
American Liberal,' last month
sold an edition of "The Califor-
nian" carrying an expose of
George Christopher under the
title "The Real Christopher of
San Francisco,' on the city
streets but not before overcom-
ing the opposition of the Police
Department. At first, a police of-
ficer threatened him with arrest
unless he secured a _ peddler's
license.
Wolfe applied for a permit at
the Chief's office and was in-
formed it wouldn't be available
until after the November elec-
tion. He consulted the ACLU and
filed a protest with the Chief of
Poliee. The ACLU also phoned
the Police Department. In conse-
quence, Wolfe was told he could
sell his magazine on the streets
without a permit-just like the
local newspapers.
Landlord Objects
To Tenant's
Negro Visitors
A San Francisco landlord last
month allegedly threatened ten-
ants with eviction from an apart-
ment house in the Mission dis-
trict because they had Negro
guests. The landlord told the
ACLU he had said he "would
rather" his tenants didn't have
Negro guests because some of his
_ other tenants had objected to the
colored visitors and he didn't
want to lose them.
The ACLU suggested that
there was no reasonable or legal
basis for the objection and if it
came to a showdown it would as-
sist the tenants who had the
.eolored visitors. The landlord de-
cided he would.do nothing furth-
er at this time. _
oe. @g oe @
Righi to Criticize
An exonerated Jack Owens went back last week to his
teaching post at Lassen Junior College, three years after he
was unjustly fired for criticizing the college trustees in let-
ters to a newspaper. Owens is a teacher of political science,
making it singularly appropriate that he should establish an
important right.
A teacher should have the same right of public criticism
of his school system that every other citizen enjoys. But
_ teachers in many places have been chary of speaking their
minds; they have feared the power of trustees to hire and
fire.
A critical teacher should have to meet only one test:
That his public criticism be responsible. It was on this issue
that the Owens case largely turned. Owens went back to
his classroom last week with a State Supreme Court decision
that his criticism had indeed met the test.-Editorial, San
Francisco Examiner, October 8, 1962.
Lundquist Denied
Damages on Appeal
In an opinion filed October 11, the District Court of Ap-
peal has affirmed the judgment of Superior Court Judge
Theresa Meikle that marine engineer Frank Lundquist is not
entitled to any monetary damages for the wrongful refusal
of his union, the Marine Engineers Beneficial Association, to
reinstate him to membership for
43 months.
Reinstatement Required .
Union membership is required
for virtually all West Coast
marine engineer jobs and Lund-
quist was not able to follow his
profession until a court order in
1960 in a suit filed by the ACLU
required his reinstatement to
membership as of the time of his
application in 1956. The ACLU
appealed from the trial court's
refusal to award damages against
the union, but the union did not
appeal the order of reinstate-
ment.
"Substantial Evidence"
The District Court of Appeal
in an opinion by Judge Bray
found "substantial evidence' to
support the trial court because
the day after Lundquist applied
for reinstatement he took a shore
job as a marine surveyor in
Portland, Oregon. The appeals
court felt that this fact entitled
the trial judge to believe that
Lundquist did not really intend
to follow sea-going employment
regardless `of his vigorous pro-
testations to the contrary. The
trial judge gave absolutely no
reason for her denial of damages,
and the job Lundquist took was
expressly a temporary employ-
ment lasting only four months.
He was unemployed the remain-
ing 39 months except that he
took care of some apartments
which he owned.
Mental Suffering
The Court's opinion also de-
nied Lundquist damages for
mental suffering during the pe-
riod his union, of which he had
been a member since 1920,
wrongfully denied him his mem-
bership rights. This opinion was
based on the fact that Lundquist
testified that the denial was only
an "affront" to him and did not
say that it caused him to worry.
This decision does not seem com-
patible with the fact that Lund-
quist wrote many letters to his
union pleading for reinstatement,
personally talked to the union
officers, and submitted to the
extensive interrogation of an in-
vestigating committee which
wasn't even authorized under the
union constitution. The majority
of the committee felt that Lund-
quist should be reinstated but
the chairman refused to report
this fact to the membership.
Sereening Victim
Lundquist has been an ACLU
client since he was screened as
a "security risk' by the Coast
Guard in 1951. The Coast Guard
charges were frivolous and the
sereening program was thrown
out by the courts as unconstitu-
tional, but: it wasn't until 1956
that Lundquist was given permis-
sion to sail. Then started his
troubles with the union.
Further `Appeal
The ACLU will pursue the
Lundquist case and ask the Cali-
fornia Supreme Court to grant
a hearing and review' the denial
of damages to put teeth into the
principle that a union controlling
a substantial portion of the em-
ployment market cannot arbitrar-
ily deny the right to work-
M.W.K.
ACLU Intervenes
For Vet Denied
Pub. Assistance
Following a conference be-
tween ACLU representatives and
Frank Sloss, chairman of the
San Francisco Welfare Commis-
sion, and Ronald Born, director
of the Welfare Department, a-
46-year-old war veteran was re-
examined and granted. public as-
sistance last month. The appli-
cant was at first declared ineligi-
ble for relief on the ground that
he was unemployable and, as a.
war veteran, domiciliary care was
available to him at the Veterans
Facility in Sawtelle (Los Angeles
county). Of course, that meant
virtual banishment from San
Franeisco where he has a thir-
teen-year-old son, not to speak of
a wife from whom he is sepa-
rated.
Employed Until Last July
The applicant had been em-
ployed for 2% years until last
July 13. At that time he was laid
off the job. The following month
he was hospitalized at Fort Miley
because of an ulcerated foot. He
was discharged from the hospital
on September 6 as able to do
"light work. Welfare Department
doctors now agree with that find-
ing thus making him eligible for
public assistance. ;
The ACLU contended that the
indigent relief law was being im-
properly applied, and that a man
who wanted to work and could
do light work should not be vir-
tually banished from his home
community in order to secure
temporary assistance.
Similar Case
Recently, the ACLU's attention
was called to a similar case, that
of a polio victim who had at
first been granted public assist-
ance but who had then been
classified as unemployable. As
a veteran he had received a bus
ticket for Sawtelle where he was
to receive domiciliary care. For.
tunately, the man had an appli-
cation pending with the State
Department of Rehabilitation,
and he apparently received as-
sistance from that agency.
There would seem to be some
inclination at the San Francisco
Public Welfare Office to ignore
the law and pass the buck to the
Federal Government in the cases
of unattached men who are vet-
erans and apply for public as-
sistance. %
Good Moral Character
Of Auto Salesman's License
The Department of Motor Vehicles last month issued a
temporary used car salesman's license after intervention by
the ACLU of Northern California. The applicant had at first
been denied such a license
following question:
"Have you ever been in-
dicted, information or com-
plaint filed against. you, ar-
rested or convicted of any
crime before any court includ-
ing a juvenile court?"
Bad Check Charge
The applicant explained that
he had received a speeding tick-
et and that a bad check charge
against him had been dropped.
The San Mateo office of the De-
partment explained that under
their instructions any "Yes" an-
swer to the particular question
required denial of a temporary
license.
ong Let
Poy Remains
In the U.S.A.
Wong Let Poy, the "man with-
out a country' whom the Im-
migration Service claimed they
could keep out of the United
States without a hearing even
though he had been a resident
here for 40 years, is still in San
Francisco as a result of the
habeas corpus action filed by the
ACLU.
Adverse Court Ruling
On September 26th Federal
judge Alfonso J. Zirpoli, after
three days of hearings, decided
that since the facts showed Wong
was mistaken in his claim to U.S.
citizenship. and since the Im-
migration Service was deter-
mined to arrest him on a new
charge even if Wong were or-
dered released from custody,
that he would remand Wong
baek to custody of the Service
for the proceedings required by
law.
Wong Released On Bail
After a protest by ACLU staff
counsel Marshall W. Krause that
the Service claimed the right to
spirit Wong out of the country
without a hearing, U.S. Attorney
Cecil Poole pledged in open
court that 72 hours' notice would
be given to the ACLU of any
such intention. Later the same
day Wong was released on a
new $1500 bail posted with the
`Immigration Service. District Di-
rector Holton has stated that the
case is now being reviewed in
Washington to determine what
the next procedure will be.
Meanwhile Wong cannot follow
his seaman's profession because
if he leaves the country his
status will be endangered.
It will remain the position of
the ACLU that Wong's long
residence here requires that he
be proceeded against, if at all,.
under the deportation statutes
and not as an alien entering this
country for the first time-
M.W.K.- ce
Thiermann
Elected to
ACLU Board
Stephen Thiermann, executive
director of the American Friends
Service Committee in northern
California, was elected to a
vaeancy on the ACLU Board of
Directors last month. Thiermann
served on the board for ten
years, from November, 1951 to
November, 1961 when, under By-
Law changes, he became ineligi-
ble for re-election. He now re-
turns to the board after an ab-
sence of two years.
Thiermann's election raises the
number of board members to 29.
It is anticipated that the remain-
ing vacancy will be filled at the
next board meeting.
after answering `Yes' to the
Under the law, the Department
has the obligation not to issue
permits to persons who fail to
establish they are persons of
good moral character. A mere
accusation is apparently suffi-
cient to prevent issuance of a
temporary license.
e ACLU Position
"I appreciate that under Sec-
tion 11802 of the Vehicle Code,"
said the ACLU executive direc-
tor in a letter to the State Di-
rector of Motor Vehicles, "a per-
son who receives a license must
be a person of good moral char-
acter. We submit, however, that
to deny a person a license be-
cause he has been arrested is
arbitrary and capricious action
that violates our State and Fed-
eral Constitutions. I need not
tell you that any person is sub-
- ject to arrest. Two Justices of
the Peace in Mendocino County
have recently acted very freely
in issuing warrants of arrest
against some prominent people
of this State, including the San
Francisco District Attorney and
the Attorney General of the
State. The Department officials
would, on the basis of instruc-
tions supplied to them by your
office refuse to grant them
temporary used car salesmen's
licenses because their arrest rec-
ords would apparently raise the
presumption that they were per-
sons of bad moral character. Cer-
tainly such an assumption is
unwarranted in law."
Department Study Promised
Tom Bright, the State Direc-
tor, has agreed to look into the
matter of modifying" the ques-
tion on arrests and also have
his Administrative Adviser
examine the constitutional issues.
Bracero Camp
$
Mere Arrest Causes Denial
Convictions
Affirmed
On October 11 the Appellate
Division of the Superior Court of
San Joaquin County affirmed,
without opinion, the convictions
of John Jefferson Poland and
Fred Cage on _ trespassing
charges.
Poland and Cage were volun-
teer organizers for the Agricul-
tural Workers' Organizing Com-
mittee, AFL-CIO, and were ar-
rested in October, 1961, while dis-
tributing union literature at a
bracero camp where hundreds of
Mexican farm laborers lived.
Poland and Cage admitted they
knew the camp was private prop-
erty but showed in their defense
almost conclusive evidence that
the men spent almost all their
non-working time at the camp
and could not be communicated
with in any other way besides
actually going into the camp.
On appeal the ACLU argued
that-the camp was a species of
"company town" in which the
owners cannot prevent all com-
munication with the outside and
other exercise of First Amend-
ment freedoms. As an additional
argument the ACLU pointed out
that the existing treaty between
the United States and Mexico
concerning the importation of
braceros provides that they shall
have the right to elect a bargain-
ing representative. In fact, no
such representative has ever
been elected because the owners
of the camps do not allow the
workers to be informed of this
right and do not allow an elec-
tion to be held.
Further Appeal Sought
The San Joaquin court, which
was not expected to be sympa-
thetic to the rights of agricul-
tural laborers, will be asked to
certify the case to the District
Court of appeal for further ap-
peal.and if they refuse to do so
the only remaining remedy is to
petition the U.S. Supreme Court
to review the case by certiorari.
-M.W.K.
Amicus Curiae Brief fo
Be Filedin Brown Case' |
The ACLU Board of Directors has authorized intervention
on behalf of Archie Brown who has been convicted of a viola-
tion of a section of the Landrum-Griffin Act making it a
crime to be a member of the executive board of a labor union
and a member of the Communist Party at the same time.
Brown's appeal from `his convic-
tion in U. S. District Court last
May is now pending in the U. S.
Court of Appeals for the Ninth
Circuit. The ACLU friend of the
court brief will take the position
that the statute in question, 8
U.S.C. Sec. 504, is unconstitutional
on its face, because it presumes
that Congress has the power to
regulate political activity without
a showing that there is a clear and
present danger of substantial
harm from the activity.
Aimed at Political Strikes
Section 504 was passed by Con-
gress to replace the non-commu-
nist loyalty oath required of un-
ion officers who desired to use
the facilities of the NLRB. The
justification for the oath law was
that union officers who were mem-
bers of the Communist Party
would be motivated to call politi-
eal strikes in times of national
emergency. The U. S. Supreme
Court in A.C.A. vs. Douds upheld
the oath requirement in a 4 to 2
decision with three Justices not
participating. The majority up-
held the oath because they felt |
that the danger from strikes was
great and the effect on First
Amendment freedoms was small.
Under the new law the oath for-
merly exacted for the optional
privilege of using the NLRB has
been turned into a` prohibition
with criminal penalties. Brown's
union, the ILWU, has never used
the facilities of the NLRB.
Lower Court's Position
The statute as construed by the
district court does not require a
showing of clear and present dan-
ger because the court, in effect,
held Congress has already conclu-
sively determined that a Commu-
nist Party member who is a mem-
ber of a union executive board is
a clear and present danger. Thus
the foHowing showings were
deemed irrelevant by the court:
1) Brown is a notorious commu-
nist, well known as such by the
members of Local 10, ILWU, who
elected him to the executive board;
2) Brown is one of 35 members
of the executive board, and fur-
ther, the executive board is limit-
ed by the union constitution to an
advisory function, and only the
general membership may call a
strike; 3) Brown does not believe
in political strikes and has never
advocated their use.
What the Government Proved
As an indication of how far
from the clear and present danger
test this case has strayed, the gov-
ernment proved only what was an
admitted fact-Brown's member-
ship in the Communist Party. It
did not attempt to prove what the
principles of the party were, nor
did it attempt to prove that Brown
agreed with some or any of those
principles. The government did
not attempt to prove that any of
the other 34 members of the un-
ion's executive board were in any
way influenced by Brown.-_MWK.
The annual budget drive of the ACLU of Northern Cali-
fornia got under way late last month when letters were
mailed te 5408 of its supporters urging them to contribute
NOW to the $57,946:30 budget for the fiscal year beginning
November 1, 1962. The new budget is $3,592.10 or 7% more
Ex-Burglar Can
Barber -- But Not
By Himself
In the July NEWS we re-
ported that the State Board of
Barber Examiners was trying to
take away the license of Gerald
Wiech because he had a burglary
convicition on his record. The
ACLU. stepped in to defend
Wiech because it is arbitrary to
deny him his right to follow his
profession because of a criminal
conviction unrelated to his du-
ties or responsibilities as a
barber.
During September a hearing
was held before the State Board
at which Wiech related, much to
his own discomfort, the personal
crisis which caused him to com-
mit burglary. In addition his
parole officer and a welfare of-
ficer testified as to his complete
rehabilitation from his former
state of mind. Last month, the
State Board of Barber Exam-
iners magnanimously allowed
Wiech to continue as an appren-
tice barber but refused to allow
him `to take the examination to
be a registered barber and thus
able to run his:own shop.
A petition for reconsideration
will be filed with the Board, but
Wiech is hesitant about author-
izing a Superior Court suit be-
cause even if he wins he must
still take an examination in
which his technical proficiency
will be judged by a member of
the State Board.-M.W.K.
Writ Challenges
Jailing of - |
Alcoholic
With the active aid of the
Santa Clara Valley Chapter and
volunteer San Jose attorney
Solomon Zeltzer, a writ of habeas
corpus was filed last month on
behalf of Solomon Earl Foster,
an inmate at the Elmwood
branch of the Santa Clara County
Jail.
' Foster asked for help from the
ACLU after he had voluntarily
committed himself in San Mateo
County in hope of getting med-
ical treatment for his alcoholism.
After 10 days in Agnew State
Hospital he found himself in-
voluntarily committed to the
county jail with a sentence. of
one year. Foster has committed
ne crime and yet he is kept with
the ordinary jail prisoners, does
the same work as they do and
receives the same treatment, and _
he receives no medical treatment
or help for his alcoholism.
The writ alleges that such
treatment is cruel and unusual
punishment and unlawful treat-
ment for one who has never been
eonvicted of a crime. The pur-
ported authority for this treat-
ment is section 5404 of the Wel-
fare and Institutions Code which
allows commitment of alcoholics
to any facility where there is
outdeor labor available. It is
doubtful, however, whether this
section allows persons committed
for an illness to be treated iden-
tically to those convicted of
crimes.-M.W.K.
than last year's budget because
of mounting costs of doing busi-
ness, including increases in rent,
printing, postage and salaries.
Contribute In November
Some persons receiving these
appeals may have renewed their
memberships last January or
February or even feur or five
months ago. On the other hand,
some members may have fallen
months behind in sending in
their renewals. Whether or not
your membership expires in No-
vember, the ACLU urges you to
make your present and future
contributions in November -at
the beginning of the fiscal year.
In so doing, you help the ACLU
not only to plan its spending but
to concentrate its fund-raising
activities, thereby reducing costs
and keeping interference with
our main job of defending civil
liberties at a minimum.
1700 Responded Last November
Last year, more than 1700 per-
sons responded to the budget ap--
peal in November and every year
the November response becomes
larger. The ACLU hopes that
every member will consider mak-
ing his contribution this. month.
The ACLU, it should be re-
membered, receives no support
from any foundation, the United
Crusade, financial angels or the
Union's national office. Money
that is sent to the ACLU in New
York is not returned here to
meet local needs.
How Much Should You Give?
Every penny that is used by
the ACLU of Northern Califor-
nia in meeting its operating
costs is raised by this branch
from its local members and
friends. On the basis of its pres- ,
ent membership, the ACLU
needs an average contribution of
about. $11.15 in order to raise -
the budget. Of course,
members cannot afford to give
more than the minimum dues, so
many larger gifts are necessary
in order to balance the smaller
contributions.
Contributions Deductible
This year, for the first time,
contributions you make to the
ACLU are deductible for both
Federal and State income tax
purposes. (See story on page 1.)
The ACLU hopes that this fact
may `induce some persons who
can take advantage of the tax
benefit to increase their gifts to
the ACLU.
The Budget
Here is the way your money
will be spent:
Salaries:
Executive Director $12,060.00
Staff Counsel _....... 8,556.00
Memb, and Chap. Dir.... 5.700.00
Legal Secretary ........ 5,220.00
Stenographer ............ 4,860.00
Retirement .................... 741.30
Hospitalization | .............. 500.00
ACLU-NEWS ou... 3,166.00
Printing and Sta. 4,515.00
Taxes and Insurance ...... 1,483.00
Travel and Trans. ............. 875.60
Rent = 3,870.00
Postage 202 3,900.00
Pel and Tek os 1,366.00
Furn. and Equipment .... 206.00
PubHeations ".................. 260.00
Miscellaneous ................ 200.00
AUG oe 360.00
Education Comm. .......... 506.60
Total $57,964.30
ACLU NEWS
NOVEMBER, 1962
Page 3
some -
Legislative Investigations
_ The national office of the American Civil Liberties Union
announced last month a new challenge of the authority of
congressional investigating committees to investigate the
political beliefs and associations of citizens.
The civil liberties organization said it would support the
ease of Robert Shelton, a copy
editor and folk music reviewer of
The New York Times, who was
indicted by a federal grand jury.
on October 1 for contempt of
Congress. Shelton declined, on
First Amendment grounds, to.
answer questions of the Senate
Internal Security Subcommittee
during its 1956 probe of alleged
Communist influence in the
press.
Original Conviction Reversed
-Shelton's original contempt
conviction, along with seven
- other. persons cited for contempt
in refusing to answer questions
of the Senate Subcommittee or
the House Un-American Activi-
ties Committee, was reversed by
the United States Supreme Court
last June on the ground that the
indictments were defective be-
cause they "failed to identify the
subject under Congressional in-
quiry at the time the witness
was interrogated."
Vital Issues -
In announcing the Union's full
support of the Shelton case, the
Union's executive director, John
de J. Pemberton, Jr., said that
`vital issues concerning freedom
of the press and due process
were raised in the case.
"Shelton is a newspaperman
who should be free to pursue his
profession without any govern- |
ment pressure to declare his per-
sonal political beliefs. Despite
`the disavowal of Senator East-
land at the 1956 hearing that the
questioning was not aimed at the
press per se, it is obvious that
such interrogation of newsmen
ean only interfere with their
function. The fact that they are
responsible for the gathering and
presentation of news to the pub-
lic makes it vitally important
that they remain free to do their
job without even a hint of gov-
ernmental pressure.
No Authority to Legislate
"The Committee's questioning
was wholly unconstitutional be-
cause, under the First Amend-
ment, Congress lacks any author-
ity to legislate in matters affect-
ing freedom of the press. This
argument will be forcefully em-
'phasized in the courts, encour-
aged by Justice Douglas' con-
curring opinion in the ccntempt
eases last June that: `Since the
editorials written and the news
printed and the policies advo-
cated by the press are none of
the Government's business, I see
no justification for the Govern-
ment investigating the capacities,
leanings, ideology, qualifications,
prejudices or politics of those
who collect or write the news. It
was conceded on oral argument
that Congress would have no
power to establish standards of
fitness for those who work for
the press. It was also conceded
that Congress would have no
power to prescribe loyalty tests
for people who work for the
press. Since this investigation
can have no legislative basis as
far as the press is concerned,
what then is its constitutional
foundation.' "
Shocking Circumstances
The Shelton case is even "more
shocking,' the Union's spokes-
man said, because of the circum-
stances under which he was
_ ACLU NEWS
NOVEMBER, 1962
Page 4
committee
called to testify: The Subcom-
mittee's staff, in search of a Wil-
lard Shelton, discovered that
there -was no such employe by
that name at the Times, but that
"several other Sheltons were work-
ing there, including Robert Shel-
ton. After consultation with the
Subcommittee Chairman, Sena-
tor Eastland, the staff arbitrarily
added Robert Shelton's name to
the subpoena.
No Probable Cause
"This* capricious procedure
flies squarely in the face of the
Fourth and Fifth Amendments
which requires that a person may
not be subpoenaed without prob-
able cause to believe he possesses
information pertinent to the in-
quiry. The manner in which
Shelton was subpoenaed and
brought into the congressional
spotlight, with its
panoply of exposure, sharply
points up the invasion of per-
sonal privacy that far too many
congressional committees engage
in."
Wiley Branton
Speaker at
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Annual Meeting
Continued from Page 1-
of protest demonstrations in
Baton Rouge, Louisiana.
Awards and Citations
In recognition -of his achieve-
ments in the Little Rock school
case, Mr. Branton received the
C. Francis Stafford Award from
the National Bar Association in
1958, the "Outstanding Citizen of
the Year" award of the Omega
Psi Phi Fraternity, the Arkansas
Conference NAACP Award and
the Democratic Minority Con-
ference Award in 1959. He was
cited by Life Magazine, in this
year's September 14 issue, as one
of the 100 most important young
men and women in the United
States.
Hostesses of this year's annual
meeting are: the Misses Garnet
Gorin, Shirley Lipian, Julina
Sheldon and Barbara Stonecipher.
Directions
The Hall of Flowers is. at 9th
Avenue and Lincoln Way in
Golden Gate Park. For bus rid-
ers, Nos. 71, 72 and 10 stop di-
rectly in front of the Hall. The
"N" street car stops at 9th Ave-
nue and Irving, one block away.
For East Bay residents driving
to the meeting, leave the Free-
way at the Mission turn-off, tak-
ing the Laguna-Fell exit, con-
tinue straight out Fell Street to
Golden Gate Park, swing left
`from the park, past Kezar Sta-
dium into Lincoln Way and go
on to Ninth Avenue. from Marin
county, the best way from Golden
Gate Bridge is the turn-off at
19th Avenue, continuing along
Park Presidio Boulevard, through
Golden Gate Park to 19th Avenue
and Lincoln Way. Since a left-
hand turn is not permitted there,
turn right and make a left-hand
turn on Lincoln Way at Twen-
tieth Avenue, cutting back on
Lincoln to Ninth. From the Pen-
insula, turn off the Freeway at
the Mission exit, coming out at
Fell and proceed along the route
described above.
The grounds surrounding the
Hall provide ample, free parking
space.
Claim 1500 FB
informants in
Communist Party
Jack Levine, former agent of
the Federal Bureau of Investiga-
tion, in an interview over Pacifi-
ca Foundation's Station WBAI in
New York City, declared last
month that the Bureau has near-
ly 1,500 informants among the
8, 500 members of the Communist
party.
Limit on Number
In an article in The Nation,
Mr. Levine said that J. Edgar
Hoover, F.B.I. director, had sent
out a confidential memorandum
at the close of 1960 barring fur-
ther Communist party inform-
ants except at "the uel poli-
cy-making levels." .
The bureau, Mr. Levine said,
had found that the informants'
payroll had become a
drain,' and that
had become the largest single
financial contributor to the cof-~
fers of the Communist party."
Party Members "Framed"
The Nation article also de-
clared that "One F.B.I. inform-
~ ant was recently assigned by the -
party to act as a security officer
for the purpose of weeding F.B.I.
informants out of the member-
ship." The F.B.I. promptly gave
this man instructions to `frame'
loyal party members and to
`clear' disloyal ones-F.B.I. in-
formants-for party promotions." (c)
: Authoritarian Control
In the WBAI interview, Mr.
Levine complained of the author-
itarian control of the bureau and
_ of the anti-liberal, anti-Negro and
anti-semitic attitudes of bureau
officials or agents.
Mr. Levine also charged that
agents had conducted many un-
authorized telephone wiretaps,
searched premises without war-
rants, checked on mail being re-
ceived by an addressee and un-
der some circumstances opened
first, class mail.
Law School Graduate
Mr. Levine, 28-year-old New
York University Law School
graduate, resigned from the bu-
reau after serving as an agent
from Sept. 12, 1960 to Aug. 4,
1961.
Mr. Levine's 2 hour taped
interview was rebroadcast on
Radio Station KPFA-FM in
Berkeley. Copies of the 59-page
' mimeographed interview may be
purchased from that station.
ACLU Checks
Committment
Procedures
After intervention by the
ACLU, a certificate of compe-
tence was issued last month to a
woman who was allegedly com-
mitted to the DeWitt State Hos-
pital without the knowledge of
her husband or relatives.
Last February 10 she was ad-
mitted to the hospital on an
emergency basis at the request
of her husband. On March 5, she.
was committed as a mentally ill
person by the Superior Court of
Butte county assertedly on the
petition of her husband who
claims he was not apprised of.
the court hearing and conse-
quently was not present.
During her brief hospitaliza-
tion she visited her husband a
number of times and, while on
such a visit, a Certificate of Dis-
charge was issued to her on May
9 attesting to her improvement.
The husband denies that he
signed the petition to have his
wife committed. In the mean-
time, the family has moved to
Oregon but they found it impos-
sible to sell their California home
until a certificate of competence
was issued to the wife.
The ACLU is making a further
investigation of the committment
procedures used in the case.
"severe
"through its _
dues-paying F.B.I. contingent it
Defense Fellowships and Scholarships
ACLU Has Reservations
About New Education Act
The American Civil Liberties Union last month urged
that the government provide full due process hearings for
all persons denied fellowships or scholarships under new
restrictions written by the Congress into the National De-
fense Education Act and the National Science Foundation
Act.
In a letter to Secretary An- (c)
thony J. Celebrezze of the De-
partment of Health, Education
and Welfare and Dr. Alan T.
Waterman, Director of the Na-.
tional Science Foundation, the
civil liberties organization cen-
tered its attention on the provi-
sion in the Acts which would
withhold or withdraw a fellow-
ship or scholarship if "such
award is not in the best interests
of the United States."
Danger of Summary Action
"Yhe danger inherent in so
wide a grant of authority to your
two agencies is that in the fu-
ture, if not. during your adminis-.
trations, a, teacher whose con-
tinued education will be of
benefit to the country as well as
to himself, will be summarily de-
nied a fellowship or scholarship
on the vague and equivocal
ground,-perhaps growing out of
unsubstantiated rumor-that the
award `is not in the best inter-
ests of the United States.' We
.urge each of you to issue an
administrative regulation to the
effect that no fellowship or
scholarship will be denied or
withdrawn on the above ground,
until whatever charge has. been
levelled against the individual
has been made known to him
and he has' been granted. a hear-
ing surrounded by due process
safeguards."
Desegregation Activities
The ACLU officials urged that
the due process hearings should
also be provided for applicants
who, under the new legislation,
will have to disclose a criminal
record or are under criminal
indictment. The `civil liberties
group pointed out that "there
are crimes and crimes ...anda
person who has been motivated
by his conscience to participate
in desegregation activities and
has been held...on criminal
charges, would be a proper re-
cipient of a government fellow-
ship or scholarship."- The due
process. protection should also
apply to persons who, on
grounds of conscience, have re-
fused to answer on First Amend-
ment grounds questions of legis-
Jative investigating committees.
Disclaimer Affidavit
The ACLU letter hailed the
deletion in the new legislation
of the disclaimer affidavit from
the National Defense Education
- Act which had been scored by
many leading universities and
the Union as an invasion of aca-
demic freedom. The affidavit re-
quired applicants for govern-
ment aid fo file an affidavit that
"he does not believe in, and is
not a member of and does not
support any organization that
believes in or teaches, the over-
throw of the United States Gov-
ernment by force, violence or by
any illegal or unconstitutional
methods."
a. Positive Oath
The positive oath of affirma-
tion of loyalty to the Constitu-
tion and laws of the United
States which has been retained
"may well seem to some persons
unnecessary and discriminatory, .
as it does to the Union, ... yet
compared with the discredited .
affidavit, the affirmative oath
cannot be called an infringement
on rights of free association and
speech."
Definite Reservations
In expressing "definite reser-
vations about the new legislation
in its entirety,' the ACLU said
that the provision making it a
criminal act, with heavy penal-
`ties, for persons to apply or re-
cieve loans, scholarships or fel-
lowships if they are members of
any Communist organization
which has registered or been or-
dered to register by the Subver-
sive Activities Control Board if
they have knowledge of such a
registration order, violates the
First Amendment. "We believe
this to be an unjust provision
and an encroachment upon the
freedom of association of schol-
ars because we believe... that
the Subversive Activities. Control
Act is' unconstitutional."
Santa Cruz
County Chapter
Elects Officers
The newly established Santa
Cruz County Chapter of the
ACLUNC last month elected
Stanley D. Stevens of Capitola as
its Chairman. The other officers
are Daniel Miller, Vice Chair-
man; Myra McLoughlin, Secre-
tary; Herman Beck, Treasurer;
Manuel Santana, Program Chair-
man; and Dr. M. J. Naman, Mem-
bership Chairman.
The Board of Directors of the
new chapter is composed of the
foregoing officers and the follow-
ing persons: Herbert Foster,
Bates Elliott, Robert Hall, Dr.
Dunean Holbert, Eleanor Koch,
Margaret Lezin, Rabbi Julius
`Liebert, John Lingemann, Max
Smith, Diane Williams and Frank
Woods.
At the moment, fe: new chap-
ter is active in opposing the
Francis Amendment. It has sent
out 800 letters with brochures
and is stimulating action by other
persons and groups.
The first right of a citizen
Is the right
To be responsible.
aos TODAY
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