vol. 27, no. 11

_ 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

AMERICAN CIVIL LIBERTIES UNION

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