vol. 28, no. 11

American

Civil Liberties

Union

- Volume XXVIII

$66,097.80 Goal Set

SAN FRANCISCO, NOVEMBER, 1963 .

The ACLU's annual budget appeal and re-enrollment of

-membership got under way late last month with the sending

of requests for contributions to all members who have not

made contributions since September 1. The budget adopted

by the Board of Directors is $8,133.50 greater than the

previous budget and sets the cost

of doing business during the fis-

cal year beginning November 1,

1963 at $66,097.80. Since the

ACLU also spends on an average

of $3,000 per year from special

defense funds, the total expendi-

tures for the year are expected

to be more than $69,000.

Why the Bigger Budget?

The increase in the budget is

accounted for in part by a pro-.

vision for a %%-time stenogra-

pher, who is needed to help with

the mounting routine work re-

sulting from a growing member-

ship, and normal salary raises

for the Union's employees. Also,

because of our present cramped

quarters, additional office space

is being rented. Add to the fore-

going, the need for a new elec-

tric typewriter and other office

equipment and, generally, the

increased cost of doing business

and the $8,000 increase in the

budget is accounted for.

Re-Enrollment of Members

The present budget appeal is

also in the nature of a re-enroll-

ment of members. For quite a

number of years now the ACLU

has been trying to get its mem-

bers to make their contributions

at the beginning of the fiscal

year. Last year, 1900 persons

responded to the budget appeal

in November - an increase of

about 200 members over the

previous year. Every year the

November response becomes

larger. In fact, 60% of the

ACLU's membership re - enroll

during the first three months of

the fiscal year.

Renew In November

Whether or not your member-

ship expires in November, the

ACLU urges you to make your

present and future contributions

and renewal of membership 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, there-

by reducing costs and keeping |

interference with our main job

of defending civil liberties at a

minimum. The ACLU hopes to

re-enroll 90% of its membership

between November and January.

It can be done and the ACLU

earnestly solicits your help.

Please bear in mind that the

funds of the ACLUNC come from

its membership, not from the

United Crusade, financial angels

or the Union's national office.

Money that is sent to 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 present member-

ship, the ACLU needs an aver-

age contribution of about $12.15

in order to raise its budget. Of

course, some members cannot af-

ford to give more than the mini-

mum dues, so many larger gifts

are necessary in order to balance

the smaller contributions.

Contributions Deductible

Please bear in mind that con-

tributions you make to the

ACLUNC are deductible for both

Federal and State income tax

purposes. The ACLU hopes that

this fact may induce some per-

sons who can take advantage of

the tax benefit to increase their

gifts to the ACLU.

Here is the way your money

will be spent:

Salaries: :

Executive Director $13,500.00

Staff Counsel 9,250.00

Memb. and Chap. Dir. 6,000.00

Legal Secretary 5,460.00

Stenographer 4,920.00

%-Time Stenographer 2,400.00

Retirement 741.30

Hospitalization ose. 550.00

ACLU-NEWS 3,200.00

Printing and Stationery 4,490.00

Taxes and Insurance 1,791.50

Travel and Trans. 875.00

Rent 5,089.00

Postage ~ 4,100.00

Tel. and Tel. 1,309.00

Furn. and Equipment 1,000.90

Publications 400.00

Miscellaneous 200.09

Audit 340.90

Education Comm. 590.00

Total $66,097.30

Three Judge

S

Court Will

; @

Hear Mail Case

Leif Heilberg, Esperantist, who

doesn't want the Post Office De-

partment to poke through his

mail and label some of it "Com-

munist political propaganda,"

will get a hearing before a fed-

eral district court of three judges

on his claim that the procedure

is unconstitutional. Such was the

October 24th decision of Judge

Alfonso Zirpoli who denied the

government's motion to throw

the case out because it was moot.

Government Argument

The government argued that

since it delivered the particular

`piece of mail in question and

promised that it would deliver

all similar mail without delay

there was no more case. ACLU

staff counsel Krause and volun-

teer attorney Coleman Blease

pointed out that the mail was

still labeled as Communist po-

litical propaganda and still sub-

ject to delay and search.

Krause Case Dismissed

Judge Zirpoli felt that another

portion of the suit wherein

Krause alleged that he was dis-

suaded from mailing a certain

piece of mail by fear that the

recipient would be told that it

was communist propaganda did

not state an immediate enough

injury and therefore would be

dismissed-M.W.iK,

Number 11

ALBERT HAAS, JR.

Albert Haas

Elected to

ACLU Board

Albert Haas, Jr., San Francisco

stockbroker and a resident of

Sausalito, has been elected to the

ACLUNC Board of Directors to

fill the unexpired term of Wil-

liam M. Roth ending October 31,

1964.

Haas graduated from Stan-

ford University in 1943, major-

ing in Economics. In 1946 he

joined his family's long estab-

lished soap manufacturing com-

- pany, Newell Gutradt Company,

and served as vice president and

general manager from i950 to

1954. In the latter year he joined

Sutro and Co., of which he. has

been a general partner since

1957.

Haas is married and has three

children. He is a member of the

Board of Trustees of the Marin

Country Day School.

Nov. 14 Berkeley

Meeling on

Forming Chapler

Members of the ACLU residing

in Berkeley, Albany and Kensing-

ton are invited to attend a meet-

ing at the Washington School,

Grove and Bancroft streets,

Berkeley, on Thursday evening,

November 14, at eight o'clock, to

discuss whether or-not a Berke-

ley chapter should be established.

Postcard notices will be sent to

all members in the three com-

munities early in November.

At the meeting, if support for

a chapter is indicated both by

attendance and majority vote of

those present, a temporary board

of directors will be elected to

continue with organizational

plans. The undertaking, of course,

needs broad support from the

Union's membership in the area.

Under the ACLUNC By-Laws,

"The Union by a majority vote of

its Board of Directors may grant

a charter to any petitioning local

group in northern California

which has given satisfactory evi-

dence of vitality, leadership and

devotion to the objectives and

program of the Union."

One way of measuring support

for a chapter will be a poll to be

conducted by the ACLU office in

the near future. Fifteen per cent

of the membership in the area,

or, in this case, about 160 per-

sons, must indicate their willing-

ness actively to support a chap-

ter.

In the meantime, please save

November 14 for attendance at

the discussion meeting.

"Obscenity" Trial

On October 7, 1963, a new trial was scheduled to com-

mence in the case of People v. Jack and Mae Shaver in

South San Francisco's Municipal Court, but on that day San

Mateo County's district attorney dropped the case and dis-

missed the charges "in the interests of justice." The Shavers

were tried and convicted in the

same court in May of 1961 for

the sale of three allegedly "ob-

scene" books which were paper-

back original novels with strong

sex appeal. The ACLU appealed

the case and the convictions were

reversed by the unanimous vote

of the Appellate Department of

the San Mateo Superior Court on

the ground that the judge below

Issue About

juir Woods

Book Settled

Failing to receive support from:

the Regional Office of the Na-

tional Park Service, Superintend-

ent McLaughlin of Muir Woods

last month withdrew his objec-

tions to the sale of "The Woods,"

a pictorial story of Muir Woods

- by McLeod Volz and Mary Mos-

teller, with a foreword by Harold

Gilliam.

Mr. McLaughlin felt that a

number of pictures of "off-the-

trail playing and climbing on

the trees would encourage simi-

lar activity on the part of many

of the hundreds of thousands

who visit Muis Woods each year

to the detriment of that fragile

area." The Service denied to the

ACLU that the Superintendent

made a "recommendation to the

concessioner to decline to handle

the publication." It was admit-

ted, however, that Mr. McLaugh-

lin expressed his objections to

the authors and publishers.

The publisher also charged

that "The Woods" was placed in

The Muir Woods Inn outside the

woods but then removed at the

urging of Mr. McLaughlin. With

respect to that incident, the Serv-

ice pointed out that the Inn is

situated on private property and

"Whatever action the operator

took was, of course, entirely on

his own volition."

gh Court Seeks

erred in failing to admit evi-

dence of contemporary communi-

ty standards offered by the de-

fense.

16 Other Objections

Since the appellate court de-

cided that there had been an er-

ror in introducing evidence, it

did not reach the other sixteen

points raised in the Shavers' ap-

peal brief but ordered that the

case be tried again on a proper

evidenciary. record. The ACLU

was again prepared to furnish

legal representation to the Shav-

ers in the interest of protection

of the First Amendment but the

district attorney decided that one

trial was enough.

Calif. Law Amended

The district attorney was most

likely influenced by the fact that

the anti-obscenity law was

amended by the 1961 legislature

to include the very points the

ACLU argued on the Shaver ap-

peal; namely that the material

under question must be "utterly

without redeeming social impor-

tance" and that the prurient in-

terest of the material must go

"substantially beyond customary

limits of candor."

Earlier this year the ACLU

was successful in obtaining the

return of 700 books to the Shav-

ers which were Seized ai the time -

of their arrest as "evidence."

None of these books were alleged

or proved to be obscene and the

ACLU's contention that their

seizure violated due process

standards was upheld.

Grand Jury Busy

It would be too much to hope,

however, that the "crusade for

decent literature" in San Maieo

County will be given much pause

by the result of the Shaver case.

In May of 1963 it was announced

that the San Mateo Grand Jury

will investigate the sale of "`in-

decent" literature after being

shown samples by Citizens For

Decent Literature chairman, Al-

fred Lynch-M.W.K.

In Bracero Camp Case

Many readers will remember that ACLU attorneys have

had a petition for writ of certiorari pending in the United

States Supreme Court since January of 1963 asking for a

review of the conviction of John Jefferson Poland, Jr., for

trespassing at a Manteca, California, labor camp for Mexican

workers. Poland, a volunteer for

the Agricultural Workers Organ-

izing Committee, AFL-CIO, main-

tained that he had the right to

distribute union literature at the

camp since the hundreds of men

who lived there were otherwise

inaccessible to outside contact.

ACLU staff counsel Marshall W.

Krause defended Poland but the

trial court and the appellate de-

partment of the superior court

disagreed -with his free speech

arguments and the latter court

refused to certify that the case

should be heard by a higher

court. =

D.A. Fails To Respond

This made the petition to the

U.S. Supreme Court the last re-

sort and it was filed with the

assistance of volunteer attorney

Donald M. Cahen. The San Joa-

quin County District Attorney

retused to answer the petition so

the Court requested Attorney

General Mosk to do so. Mosk

filed a brief in opposition to the

petition but no action was taken

before the Court's summer ad-

journment.

Solicitor's Views Sought

The latest development is an

order issued by the Court oa

October 16th inviting the Solic-

itor General of the United States

to express the views of the

United States in the case. Since

the Solicitor's views will not be

filed until December it is likely

that the Court will not reach a

decision on whether or not to

hear the case until 1964. Regard-

less of the final result, we are

assured by the unusual procedure

followed in this case that its is-

sues have given the Court a good

deal to reflect upon. -M. W. RK.

_ AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union 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

Prof. Arthur K. Bierman

_ Leo Borregard

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard: DeLancie _

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Prof. Van D. Kennedy

Rey. Ford Lewis |

Rey. F. Danford Lion

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J. Eagan

Joseph Eichler

Morse Erskine

Br. H. H. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mrs. Paul Helmer

Mrs. Mary Hutchinson

Richard Johnston

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Marciano

Helen Salz

Rev. Harry B. Scholefield

- SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

e

Prof. Seaton W. Manning

John R. May - `

Prof. Charles Muscafine

Prof. Herbert L. Packer:

Clarence E. Rust

_ John Brisbin Rutherford

Mes. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial :

`GENERAL COUNSEL

Wayne M. Collins

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Rev. Robert W. Moon

Dr. Marvin J. Naman

Prof. Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Letiers...

1.0 the Editor

Rt. Rey. Sumner Walters

`Initiative by Real Estate Assoc.

|

ove to Restore Race

iscrimination in Housing

The California Real Estate Association recently voted

$10,000 to help obtain signatures on an initiative petition

to repeal the recently enacted Rumford Fair Housing Act.

The following measure would be placed on the November

_ 1964 ballot if the Association is able to collect the required

: number of signatures:

fo The_Initiative

{ "Neither the State nor any

nia, as they ponder the full sig-

nificance of the campaign to re-

peal the Rumford law, will come

' subdivision thereof shall deny,

- limit or abridge, directly or in-

directly, the right of any person

to decline to sell, lease or rent ~

"any part or all of his real prop-

' erty to any person or persons as

; partnerships,

|

Paae 2

`he,

2 chooses.

in his absolute discretion,

" `Person' includes individuals,

corporations or

other legal entities or their

agents but does not include the

State or any subdivision there-

*' of with respect to the sale, lease

or rental of property owned by

it. This Article shall not apply

to the obtaining of property by

+ eminent domain pursuant to Ar-

ticle I, Sections 14 and 14%, of

this Constitution.

" `Property' consists of any in-

terest in real property of any

kind or quality, present or fu-

ture, irrespective of how ob-

' tained or financed, which is used,

designed, constructed, zoned or

otherwise limited for residential

purposes whether as a single

| family dwelling or as a dwelling

for two or more persons or fami-

lies living together or independ-

ently of each other. This Article

shall not apply to the renting or

`providing of any room or rooms

for lodging purposes by a hotel,

motel or other similar public

place engaged in furnishing

lodging to transient guests."

Editorial Comment

In arguing against the initia-

tive, The Valley News of El Ca-

jon, recently declared:

If we cannot tell a man where

he must eat, or play, or sit on a

bus, why should we be able to

tell him that he cannot live on

a certain street? Why should any

American be less free, because

of his race, than any other Amer-

ican?

Surely the realtors of Califor-

ACLU NEWS

NOVEMBER, 1963

to realize that they are espousing

a thinly veiled campaign to re-

store racial discrimination in

housing.

. No man is kept out of the

United States because of his

race. No man is kept out of any

individual state because of his

race. No man is kept out of any

city because of his race. To close

off any state or city to any race

would be repugnant to public

policy.

It is equally repugnant to say

that any man can be kept off a

certain street because of his

race.

Turning Back the Clock

Realtors should realize they

cannot turn back the clock.

Bigotry has lost the war. Equal-

`ity before the law for all races

is no longer debatable. Nasty

little pockets of resistance still

exist here and there, but the war

is over.

For the California Real Estate

`Association to seize the tattered

banner of the ghetto builders

and seek to re-establish racial

discrimination is the height of

folly, and as futile as Pickett's

charge at Gettysburg. Why

should realtors tarnish their

public image fighting to preserve

the last vestiges of a cause which

was lost 100 _years ago? They

can't win.

e

Job Opening

The ACLU is now accepting

applications for the job of 12-

time stenographer (20 hours a

week) at a salary of $200 per

month. Applicants must be qual-

ified stenographers and typists,

with experience on an electric

machine, and be prepared to do

general office work. Interested

persons should phene or write to

Ernest Besig, 503 Market St.,

San Francisco (EXbrook 2-4692).

Slacks and Beards

Editor: As a long-time sup-

porter of the ACLU of No.

Calif. I am appalled at its de-

cline and degeneration into such

borderline areas as smut, slacks,

sandals and the right to wear a

beard.

Civil liberties were assured us

by our Founding Fathers to es-

tablish and reinforce equality

under the law and basic political

freedom including free speech. -

and a free press, prerequisites

for the proper functioning of

democracy. Nothing needed to

be said for faddist's rights and

those of clothes nonconformists,

just as nothing was said about

the plight of the poor and the

Sample of Ignorance

The State Board of Education has urged all superin-

tendents of schools in California to give "highest priority"

to teaching about the Bill of Rights ``within the framework

of free discussion." The current civil rights crisis was held

to be evidence that American constitutional principles

haven't been well enough taught. -

Dr. Richard Clowes, Acsetant `State Superintendent of

Public Instruction, cited to the board a poll of 12,000 high

school students in another State which showed that 60 per

cent agreed there should be censorship of newspapers, maga-

zines and books; 42 per cent advocated the use of the "third

degree" in some cases; 41 per cent approved of restrictions

on the right to vote; 33 per cent felt the right to petition

should be abolished, and 25 per cent said the Government

should limit freedom of speech.

If this is a fair sample, an.appalling ignorance of the

_principles. of freedom of dissent and equal rights for every

citizen prevails among our future citizens. Perhaps there is

`no occasion for surprise; how many of their parents have

read the Constitution lately or could find a copy of it on

their bookshelves? - Editorial, San Francisco Chronicle,

October 16, 1963.

equally pitiful spectacle of ex-

treme wealth. In recent times

drastic economic reforms have

`been labelled as non-kosher by .

our political conservatives and

adherents of the status quo.

The ACLU announces the

Hartman case has finally come

to an end but only a faint legal

victory has been scored. Mr.

Hartman has not been compen-

sated financially by the radio

chain for his unjust dismissal.

He has not received compensa-

tion for the damage to his pres-

tige and his reputation, the per-

sonal humiliation and the grief

he has experienced. You can

hardly call this much of a vic-

tory.

After ten years the John Mass

ease is still dragging its heels

in the courtrooms on a mere

technicality. Here too, no money

nor reinstatement can compen-

sate for the anguish and humilia-

tion experienced by this superb

teacher who has been singled out

by our political troglodytes to

teach all of us a bitter lesson in

- political conformity-or else.

Please do not misunderstand

me-without the excellent work

of the ACLU these cases might

never have been appealed for

lack of funds and legal know-

how. There is a great. education-

al job still to be done. Must our.

`good ACLU water down its pre-

cious and meager resources to

defend the right of slobs to wear

tramp-like attire?

I firmly believe the pseudo-

nonconformism of the sandals

and beard set is as far removed

from the political non-conform-

ism envisaged by the creators of

our constitution as we are from

the man on the moon:-Walter

Gerstel, El Cerrito.

Editor's Note:

overlooked the reasons for the,

ACLU's intervention in the,

slacks and beard cases. We are

not contending for "the right of

-slobs to wear tramp-like attire."

Certainly, both public colleges

and public employers: may re-

quire that students and em.

ployees be neat, clean and de-

cent in their dress and appear-

ance, and that EGS: eschew bi-

zarre attire.

With respect to college stu-

dents, the ACLU has long con-

tended that regulations govern-

ing the behavior of students

should be fully and clearly for-

mulated, published and made

available to the whole academic

community. (See the ACLU.

pamphlet, Academic Freedom and

Civil Liberties of Students in

Colleges and Universities.) The

fact is. that San Francisco City

College has NO regulations ban-

ning women students from wear-

ing slacks, jeans and sandals, or

going bare legged. Instead, the

Dean of Women (a Count Marco

fan on women's dress, as judged

by clippings from his articles

which she displays in her office)

rules without the benefit of any

regulations.

With respect to the wearing

of beards by public employees,

once again there is ne law or

regulation banning the practice

in the San Francisco Juvenile

Probation Department. Not only

First Amendment protection

The Beard

A San Francisco juvenile probation officer has been

suspended for refusal to shave off his beard.

The other day a young woman student at City College

was barred from classrooms for wearing slacks.

We begin to wonder how far this trend of imposing one

person's standards of propriety upon others is going to carry.

The ban on beards particularly distresses us. So does the

apparent assumption that the bearded face is solely the sym-

bol of the beatnik.

Through most of human experience the beard has been a

_mark of strength, of character. Indeed, it was the smooth

face that was looked upon as weak.

What soldier would have followed a Civil War general

with a hairless facial facade? And if General Grant, Chief

Justice Charles Evans Hughes, writer George Bernard Shaw.

and actor Monte Woolley were beatniks, then beatnikism has

more to commend it than we have supposed.

The juvenile probation office is going to be hard put

to it in upholding the view that a beard cannot be worn with

dignity, and distinction as well. We recommend a review of

the matter, and a gracious withdrawal from an untenable

position.-Kditorial, San Francisco Examiner.

ACLU Policy Statement

Teachers'

To Strike

A policy statement endorsing as a civil liberties guaran-

tee the right of school teachers to strike was announced last

month by the American Civil. Liberties Union. The civil

liberties organization said this right is directly related to the

Mr. Gerstel has. -

association.

The text of thestatement,

adopted by the Union's national

Board of Directors, stated:

Union Activity

"Like other occupational

" groups in an industrial society, -

ever concerned with the main-

- tenance of living standards,

teachers should be free to join

unions of their own choosing,

whether locally organized or part

of a nation-wide federation. The |

right to participate in union ac-

tivity should include the right

' to strike. A teachers' strike can-

not ordinarily be interpreted as

endangering -the public health,

: safety or welfare. Where laws

: forbidding :strikes by teachers

exist, teachers and their organi-

zations are justified in taking

. all steps necessary to test their

constitutionality and to work for

their repeal."

Employees' Opinion

The ACLU statement asserted

is there an absence of regula-

tions but there is discrimination (c)

as between employees. There is

at least one employee who has

worn a beard for the last couple

of years without suffering disci-

plinary action. Moreover, the

man who is now being dismissed

previously wore a beard for

eight months without objection.

This is arbitrary and capricious

action -E. B,

of freedom of opinion and

that to ban the right to. strike

"invades the freedom of em-

ployees to decide what working

conditions they believe should

govern their employment. This

decision represents the em-

ployees' opinion which is. ex-

pressed through their associa-

tion with other persons,in a

union. Therefore, prohibitions on

the right to strike do weaken

the First Amendment uate

tees."

The policy on a teacher': s right

to strike, the civil liberties group

said, was an amplification of the

Union's 1959 policy upholding

the civil rights of government

employees. That statement, while

opposing a blanket prohibition

on the right of public employees

to strike, said that there might

be situations in which "main-

tenance of uninterrupted service

is essential to the community,"

in which limitations of the right

to strike may be appropriate.

But in these cases limitations

are defensible only when ma-

chinery has been established to

resolve the grievances which

caused the strike.

ACLU 1959 Statement

. The 1959 statement defended

the right of government workers

to form or to join labor unions

"through which to negotiate

with their superior officers con-

Continued on Page 3

Right of Travel to. Cuba

Brief `Filed i in

The American Civil Liberties Union last month chal-

lenged the constitutionality of a federal law which n-okes it

illegal for a United States citizen in time of national emer-

gency to leave or enter the country without a passport. The

civil liberties group will file a friend of the court brief with

the United States Court of "Ap-

peals for the Fifth Circuit in

New Orleans, supporting the case

of William Worthy, a journalist

and author. Worthy was found

suilty by a Federal District

Court in Florida of entering the

U.S. from Cuba without a pass-

port. Travel by citizens to and

from countries of the Western

Hemisphere without a passport

is allowed by the statute, with

the exclusion of Cuba.

No National Emergency

The ACLU contends that the

statute, Title 8, Section 1185, vio-

lates the Fifth Amendment's due

process clause by sanctioning

banishment of a citizen, that it

interferes with his right to travel

freely, and that there is in fact

no national emergency which

_warrants the travel ban. Pres-

ident Truman declared a nation-

al emergency in 1950 at the time

of the Korean War.

Worthy, an American citizen

by birth, had held many valid

U.S. passports in the past. After

his last one expired in 1957, he

was denied a new passport on

the ground that he had used his

passports for travel to forbidden

countries. His entry to the U.S.

~ from Cuba was in 1961 at Inter-

national Airport in Miami, where

officers of the Immigration and

Naturalization Service admitted

him upon presentation of a birth

certificate as proof of citizenship,

and a landing card and customs

declaration. In April.1962, a

federal grand jury in Miami in-

dicted him for entering the U.S.

without a passport, and in Au-

gust of that year, after trial, he ~

was sentenced to three months

imprisonment and nine months

probation.

Tantamount to Banishment

The ACLU friend of the court

brief argues that to make re- .

entry of the U.S. a crime for a

eitizen who has not committed

an act liable to prosecution is

"tantamount to banish-

ment or exile, which is

unconstitutional. "Residence in

one's country is the essence of

citizenship," the brief states, and

no U.S. court has ever declared

it a erime for a citizen to try

to exercise his right to residence

here by re-entry. The Office of

the Attorney General and the

Department of State have also

spoken out against the doctrine -

of: banishment, the brief de-. -

elares.

The Right toe Travel

Secondly, the ACLU claims,

Section 1185 enforces restrictions

on a citizen's right to travel

abroad, which should not be

diminished by the Government

"short of war." It cites the

Supreme Court definition of the

right to travel laid down in the

1958 case of Kent and Briehl v.

Dulles: "The right to travel is a

part of `liberty of which' the citi-

`zen cannot be deprived without

due process of law under the Fifth

Amendment. ... Travel abroad,

like travel within the country,

may be necessary for a liveli-

hood. It may be as close to the

heart of the individual as the

ehoice of what he eats, or wears

or reads."

Purpese of Law Satisfied

As a writer, the brief points

out, Worthy's livelihood is large-

ly dependent on his ability. to

travel. His activities, however,

do not "fall even remotely with-

in the purpose of the statute,"

. . . Which was designed as a

wartime measure directed

- against those engaged in espio-

nage or subversive activities in the

interest of foreign governments.

Moreover, Congress intended

that a passport be required to

identify those entering the U.S.

from foreign countries, in order

to allow the government to keep

a check on those entering its

borders in time of war or na-

tional emergency. Worthy iden-

tified himself by means of a

birth certificate when he entered

the country at International Air-

port in Miami. "By doing so he

satisfied the purpose of the

statute," the ACLU brief states.

Emergency Obsolete

The 1950 emergency, the brief

says in its final argument, was

proclaimed to meet real prob-

lems arising from U.S. participa-

tion in the Korean War. But the

question of whether an emer-

gency exists at present should be

reexamined, it adds. The

Supreme Court has declared in

past opinions that emergency

legislation must be subjected to

reconsideration --and ~-readjust-

ment with changing conditions.

The ACLU states that the 1950

emergency proclamation is obso- -

lete, and Worthy's constitutional

rights should not be restricted

because of its perpetuation.

Mid-Peninsula

Meeting Nov. 22

On Travel Right

On November 22 the Mid-Pen-

insula chapter will hold a dis-

cussion of restrictions imposed

by the State Department on tra-

vel. outside the country. The'

meeting will be at the Palo Alto

High School, Embareadero and

El Camino Real, 8:00 p.m. and

is open to the general public. .

An. unusual panel has been

lined up to lead the discussion. .

Included are Milton Mayer, jour-'

nalist-lecturer who is challenging

in the courts the Government's

non-Communist cath requirement ~

for passports and one of the stu-

dents who went to Cuba in viola- ~

tion of a State Department ban

on travel to that island. The

chapter has invited the State De-

partment to send a spokesman _

to present its position on the sub-

ject. To date no response has

been received. In any event the

chapter will make every effort to

have a panel member present the

Department's position. William

Baxter, associate: professor of law

at Stanford University and an

authority on governmental juris-

prudence, will serve as panel

moderator.

Mayer's suit, filed in the Wash-

ington (D. C.) Federal District

Court last April, is the first legal

protest against the passport oath,

which the State Department in-

corporated in its application

forms for passports in the spring

of 1962. The ACLU has filed a

friend-of-the-court brief support-

ing Mayer's case against any po-

litical question interfering with.

the right to travel.

School Teachers

Have Right -

To Strike

Continued from Page 2-

cerning terms and conditions of

employment, or through which

the employees may seek legisla-

tive or other public consideration

of their desires. Government em-

ployees, like other members of

the community, are entitled as a

matter of civil liberties to pro-

tect their interests through self-

organization."

Dangers to Social Fabric

The 1959 statement upheld the

right of public employees to

strike unless "interruption of

-eertain services may create dan-

gers of such magnitude to war-

rant curtailment of otherwise

"permissible tactics. It has been

said, for example, that a work

"stoppage by the fire department

or the police department or the

municipal waterworks or the em-

ployees of the major regulatory

`podies of the national govern-

ment could cause catastrophe.

- We need not seek now to identi-

fy which governmental activities

are so basic that their even

momentary interruption might ir-

reparably weaken the social fab-

ric. Undoubtedly some such do

exist."

Limitations May Be Appropriate

The Union continued that

while a blanket prohibition of

work stoppages by public em-

ployees is unnecessary, "where

maintenance of uninterrupted

service is essential to the com-

munity, limitations of the right

to strike may be appropriate,

either by legislative or adminis-

`trative action. Even in such

eases, however, limitations are

fully defensible only if and when

adequate machinery for handling

employer-employee relations has

been established.

Grievance Machinery

"Specifically, we believe that

curtailing, to to public employees,

the civil liberties enjoyed gen-

erally by workers in private em-

ployments can be justified only

if it is coupled with the follow-

ing: a) Effective grievance ma-

chinery, including arbitration as

a terminal step if necessary, to

handle complaints of alleged ad-

ministrative violations of legis-.

lative rules and standards, or of

agreements that may have been

entered into between administra-

tive superiors and the employee

groups in question; b) Permis-.

sion for public employees, acting

together and through their

chosen representatives, to seek

revision of rules, standards, pay |

seales, or other terms of employ-

ment; and c) Provision for the

appointment of a fact-finding

board to inquire into problems

that threaten a major impair-

ment of employee morale, to as-

sure informed consideration of

issues that, in other circum-

stances, might be fought out

through the processes of strike

and negotiated settlement."

Court Upholds

LA Civic Center

Act Requirement

The U.S. Supreme Court last

month refused to review the de-

cision of the California Supreme

Court handed down on February

26, 1963 upholding the constitu-

tionality of a "statement of in-

formation" required by the Los

Angeles Board of Education in

considering applications for the

use of schools as meeting places.

The application form requires

a declaration that the property

will not be used "for the com-

mission of any act which is pro-

hibited by law."

The ACLU of Southern Cali-

fornia applied for the use of the

John Burroughs Junior High

School for a series of meetings

on the Bill of Rights. As a mat-

ter of principle, the ACLU re-

fused to provide the information

required by the form, and the

use of the school was denied.

. Examiner editorial stating:

earded Probation Officer

Fired for Insubordin

Hion

Late last month Thomas F. Stryeula, Chief Probation Of-

ficer at San Franciseo's Youth Guidance Center, announced

his decision that probation officer James A. Forstner was

dismissed from his permanent civil service position for fail-

ing to obey Strycula's order to appear at his job clean-shaven.

Forstner wears a neatly-trimmed

beard and has worn one on and

off since 1946. The decision came

after two days of testimony dur-

-ing which Strycula served in

three capacities: judge, accusing

witness and prosecutor. This is

the procedure set out in the San

Francisco Charter for dismissal

hearings.

Denial of Due Process

The flagrant denial of due

process of law which would seem

_to inhere in such a procedural

arrangement may possibly be

cured by the fact that the Char-

ter also provides that the em-

ployee has the right to a "de

novo" hearing. before the Civil

Service Commission if he desires

it. Forstner and his attorney, -

ACLU staff counsel Marshall. W.

Krause, have announced that

such an appeal will be filed with-

in a short time. "De novo" evi-

dently means that the Civil Serv-

ice Commission hears no addi-

tional evidence but decides the

cease on the written record of the

previous hearing as if there had

been no decision in the case.

There is also an opportunity to

make an oral argument before

the Commission.

Middle-Class Conformity

The hearing itself brought out

in clearest detail that the basic

conflict was between the neces-

sity to create an "image" of mid-

dle-class conformity and the right

of an individual employee to in-

terfere with this image by sport-

ing a beard which, Strycula's wit-

nesses testified to, is "unusual."

Whatever the final result of the

case, the cost of creating this

image is a heavy one. Witnesses

from both sides agreed that

Forstner is an exceptionally able

probation officer who performed

his job in a responsible, efficient

way and had never before de--

clined to obey an le from a

superior. :

"We Preach Conformity"

The tone of the hearing was

set by the first witness, super-

visor Warren Cain, who made

the original objection to the

beard when Forstner was trans-

ferred to work in his division.

(It should be noted that Forstner

has only been working as a pro-

bation officer for about a year

during which time he had a large

mustache but not a beard. He

did have a beard in his previous

job at the Youth Guidance Cen-

ter as a group counsellor.) Cain

testified that a beard makes peo-

ple think of beatniks and "we

preach conformity." He was not

impressed with a San Francisco

"The

ban on beards particularly dis-

tressed us. So does the apparent

-assumption that the bearded face

is solely the symbol of the beat-

nik. Throughout most of human

experience the beard has been a

mark of strength, of character."

One Beard Allowed

Strycula got on the conformity

bandwagon by testifying, "A

beard is not yet accepted by the

middle class white collar pro-

fessional man. ] made my judg-

ment by perception. My job is to

set standards for personnel and

I do so by daily perception of

the world around me." But what

is "accepted" proved to be a

tricky standard for Strycula. The

County's Log Cabin Ranch School

located about 30 miles south of

San Francisco is directed by Ed-

ward Chay, who sports a bushier

beard than does Forstner. Stry-

cula said that Chay is more ma-

ture looking and besides is iso-

lated from the public. Chay

testified that he appears in court,

represents the Center at proba-

tion officer conventions, is in

town at least one day a week, NOVEMBER, 1963

absolutely clean - shaven.

`Martin Katzman;

consults. with parents and state

officials, and has never felt that

his beard interfered with his job.

He's for Mustaches

Next Strycula was asked about

the practice.of a neighboring pro-

bation department which re-

quires its probation officers to be

Stry-

eula's answer was that this rul-

ing was unreasonable. Any other

answer would have been even

harder to defend since several

veteran probation officers

have mustaches and Forstner

himself wore a large mustache

during his first year as~ `PIOba:

tion officer.

Accepted Concepts :

Perhaps the most damaging

witness against Forstner was

Tully McCrea, Executive Direc-

tor of the Western Region of

the National Council on Crime

and Delinquency. McCrea was of

the opinion that probation of-

ficers should conform to "ac-

cepted" concepts of appearance

in order to be most effective and

that a beard was not at this time

"accepted." On cross examination

he claimed to be an expert on

standards of appearance but

eould cite no special studies in

the field nor could he indicate

how he arrived at what was ac-

cepted. McCrea, as did all ad-

verse witnesses, testified not

from personal knowledge but as

to what they thought might be

the reaction to a probation of-

ficer with a beard.

Six Bearded Witnesses

In defense the ACLU counsel

ealled six bearded professional

persons to show that they were

not beatniks (whatever that

means) and that they could carry

out their professional responsibil-

ities without the beard reducing

their effectiveness. These includ-

ed two San Francisco school

teachers, Thomas Lee and Wil-

liam Spicer; an architect, John

McWilliams; a psychiatrist, Dr.

an attorney,

John Thorne; and a social work-

er, Morris Kilgore. All but: Mc-

Williams are required to work

with young people and gain their

confidence. Kilgore's testimony

was especially valuable as. his

work at Children's Hospital

makes him the therapist for a

group of boys who are also on

probation at the Youth Guidance

Center. The natural question is,

if these persons can do their jobs

with beards why can't James

Forstner?

Two probation officers also

said a beard would not interfere

with the job and Mrs. Forstner

said that she liked her husband's

beard and would think less of

him if he shaved it off. M.W.K.

Black Muslim -

Leader Speaks

On U.C. Campus

Malcolm X, leader of the Black

Muslim movement, was allowed

to speak on the Univ. of Califor-

nia campus in Berkeley last

month at a Slate-sponsored fo-

rum. He discussed his organiza-

tion's views on racial problems

in the United States.

In 1961, the University, over

the objections of the ACLU,

barred Malcolm X as a campus

speaker on the grounds that he _

was appearing as a minister of -

his religious faith and would be

espousing his group's religious

views. Under the University's

charter, sectarian activities are

forbidden on the campus.

ACLU NEWS

Page 2

The Department of Social Welfare last month handed

down a decision in a Contra Costa county Aid to Needy Chil-

dren case which grew out of an attempted "bed check" by a

Welfare Department investigator early one morning. When

`the investigator failed to secure admission, the welfare client,

a 32-year-old divorcee with two

`children, 12 and 9, had her as-

sistance cut off and she was sub-

sequently accused of having a

2-year-old boy friend living in

the house and assuming the role

of spouse. This she denied.

1961 Law

Under a 1961 law, "Where a

needy child as defined in this

chapter lives with his mother

and a stepfather or an adult male

person assuming the role of

spouse to the mother although

not legally married to her, the

amount of the grant made ...

shall be computed after consid-

eration is given to the income of

the stepfather or such adult male

person. The county granting aid

shall determine if the stepfather

or such adult male person is able

to support the child either wholly

or in part..."

Malicious Neighbor

In the particular case, the

county did not prove that the boy

friend kept his possessions in the

woman's apartment, that he ac-

tually lived there, that he and

the woman represented them-

selves as husband and wife for

any purpose, or that the children

look upon the boy friend as a

father. To be sure, a malicious

neighbor and his wife concluded

the boy friend lived there be-

cause of the amount of time he

spent in the woman's apartment,

which was just below the one oc-

cupied by his own parents. The

young man admitted he was in

Jove with the woman but she

testified she had no intention of

marrying him because he was too

young for her.

The Risk Of a Boy Friend

What this case illustrates is

that when a woman receives ANC

assistance an attentive boy friend

runs a great risk of being

charged with assuming the role

of spouse. And, if the woman has

allowed him to stay over night

on any occasion, this is regarded

as almost positive proof that he

has put himself in the position of

being stepfather to the children

and responsible for their care.

No Counsel

An appeal from a Welfare De-

partment ruling not only takes

_at least 60. to 90 days but makes

no provision for representation

of the ANC client. Over night

the family is left destitute and

with little or no ability to defend

itself. Without an income, the

woman cannot hire a lawyer to

handle her appeal, nor, in the

ordinary case, does she have the

ability to represent herself. On

the other hand, the full power of

the Welfare Department and the

District Attorney's office may be

directed against her.

Second Case

Last summer the ACLU inter-

vened in the case of a 20-year-

old Contra Costa County woman

who had been deserted by her

husband. She had 3 babies: 244,

15 months and two weeks old.

For 4 or 5 months she lived with

and was supported by an ex-con-

vict who was on parole. Last

January, his parole officer re-

quired him to discontinue the

relationship or have his parole

revoked, At this point, the woman

secured ANC assistance.

The parolee continued to visit

the woman 2 or 3 times a week

and, as a result, her ANC check

ACLU NEWS

NOVEMBER, 1963

Page 4

was stopped and she was charged

with having a man in the house.

The District Attorney's office de-

manded that she reimburse them

for the assistance that had pre-

viously been given. After the

ACLU intervened, the county

dropped its claim against the

woman and restored her to the

ANC rolls.

Another Complaint -

Nevertheless, the Welfare De-

partment again removed her

from the rolls on the basis of "a

complaint received by (the De-

partment of Social Welfare) that

a man who fit the description of

(her boy friend) was living there.

This was an unfortunate happen-

stance, especially when one con-

siders the probable source of the

complaint," said the Worker,

"but I'm sure you will under-

stand the need io investigate any

and all complaints. Faced with

the decision to delay the check

and clarify eligibility, or release

the check and clarify eligibility

later, I decided to delay the war-

rant until eligibility was clari-

fied." The foregoing explanation

was offered when the ACLU

again intervened successfully on

the woman's behalf.

Third Case

In a third case, a Puerto Rican

woman with 3 children ranging

in ages from 14 to 16 was the

subject of an anonymous com-

plaint that a man was living in

the house with her. An investi-

gator from the San Francisco

Welfare Department visited her

home at six o'clock one evening

and found the woman's boy

friend visiting her. His coat was

hanging in a closet and there

were "four shirts and ten neck-

ties in the dresser and some

shaving equipment in the bath-

room." The woman explained

that the shirts and ties belonged

to her eldest son and that the

shaving equipment was hers. In

addition, the boy friend had

stored his hi-fi set in her apart-

ment until he got a large apart-

ment for himself. This set had

been delivered to the woman's

apartment by Sears. Although

the credit was extended to the

boy friend, someone had written

on the typed credit card the first

name of the ANC client and de-

seribed her as "wife".

On the strength of the fore-

going information ANC assis-

tance was summarily disconti-

nued on April 30 and not re-

stored until a favorable appeal

decision was released at the end

ot July.

Apology Given

For Invasion

Of Privacy

The City Attorney of Palo Al-

to recently informed the ACLU

that the Building Inspector had

expressed "his regrets at his

hasty action" in having his

agents invade Mrs. Hugh Gal-

lagher's home without her per-

mission or without a warrant.

It appears that an employee

of the Building Department, ac-

companied by a police officer,

entered the garden gate of Mrs.

Gallagher's residence while she

had guests and proceeded to take

pictures of a structure erected

by a previous owner that did not

comply with building code re-

Archie Brown

Case Will

Be Reargued

In a brief order last month

the United States Circuit Court.

for the Ninth Circuit announced

that the case of United States vs.

Archie Brown will be reargued

before the full court of nine

judges. The case had been ar-

gued in February of this year

before a panel of three judges,

which is the usual procedure for

deciding appeals in the federal

system, but that panel was evi-

dently unable to reach a major-

ity decision and never did issue

an opinion in the case.

Friend Of The Court

The ACLU appears in the

Brown case as a friend of the

court to argue that the portion

of the Landrum-Griffin Act un-

der which Brown's conviction

was obtained is a bill of attain-

der and allows a criminal con-

viction without due process of

law. The crime involved is that

of having the concurrent. sta-

tuses of membership in the Com-

munist Party and membership on

the executive board of a union.

There is no question that Brown

is both a Party member and a

member of the 35-man Executive

Board of Local 10 of the Inter-

national Longshoremen's and

Warehousemen's Union. The

government contends that noth-

ing further need be shown to

send him to jail.

ACLU Position

It is the position of the ACLU

that rights of association may

not be restricted on the sole

basis of political beliefs and that

the statute involved is a bill of

attainder since it declares all

members of the Communist

Party to be guilty of fomenting

labor strife without requiring

proof as to the intentions or acts

of the individual member and re-

gardless of whether or not the

member embraces any or all of

the tenets of the Party. The case

will be set down for additional

oral argument at an undisclosed

date.-M.W.K,.

Meeting of Mt.

Diablo Chapter

On Sun., Nov. 3.

The newly chartered Mt.

Diablo chapter, the latest of 8

ACLUNC adult chapters now in

the field, will hold its first mem-

bership meeting on Sunday, No-

vember 3, 8:00 p.m. at the Diablo

Valley College.

The evening is planned to give

members the opportunity to ex-

amine local problems, get to

know each other and, at the.

same time, cover chapter busi-

hess. Small discussion groups

will take a look at the local as-

pects of:

Due process with psychiatrist

Harvey Powelson;

Censorship with Episcopal min-

ister Lester Kinsolving;

Schools with teacher Richard

Worthen;

Church - state with Unitarian

minister Aron Gilmartin;

Race relations with realtor

Harry Stylos; and

Public information with psy-

chologist Robert Suezek.

Dessert and coffee will be

served during the section ses-

sions. Afterwards, all the groups

will assemble to elect the chap-

ter board of directors and offi-

cers. All ACLU members and

friends in east and central Con-

tra Costa county are invited to

participate in this meeting and

the work of the new chapter.

quirements. When she objected

to the invasion of her privacy

she was informed that the men

were city employees and did not

have to ring the doorbell or get

permission from her.

The ACLU sent a letter to the

Building Inspector protesting

against the invasion of constitu-

tional rights. :

C

First Annual Awards Supper

Seven Sacramentans were singled out "for specific serv-

ices to the cause of freedom" when the Sacramento Valley

chapter of the American Civil Liberties Union recently held

its first Annual Awards Supper at the Arden Hills Swimming

and Tennis Club.

Nearly three hundred persons,

including many high school stu-

dents, heard the following com-

mendations:

Judge Joseph G. Babich of the

Sacramento Municipal Court,

"for his efforts in behalf of

prompter arraignment of ar-

rested persons."

Richard L. Mayers, deputy at-

torney general of the State of

California, "for recent rulings

and opinions upholding freedom

of inquiry and freedom of reli-

gion."

Sacramento Union Editor

Leonard V. Finder, editor and

publisher of the Sacramento

Union, "for heiping to publicize

the anti-civil libertarian charac-

ter of the John Birch Society."

Nathaniel S. Colley, attorney,

"for a spirited defense of civil

liberties as well as civil rights

while serving on various public

boards and commissions."

Dr. F. Melvin Lawson, superin-

tendent of Sacramento City

Schools, and Dr. Albert J. Ses-

Sarego, principai of Sacramento

High School, "for resisting the

efforts of ill-informed persons to

dictate the content of classroom

and library materials last

spring."

Bee Editorial Writer

Thor Severson, editorial staff

of the Sacramento Bee, "for a

particularly fine editorialon

August 15 supporting the separa-

tion of church and state."

George Bramson, ACLU chap-

ter chairman, presented an

enameled urn engraved "Civil

Libertarian, 1963" to Mrs. Vir-

ginia Franklin, Butte County so-

cial science teacher who has been

widely acclaimed for her tech-

niques of teaching students at

Paradise High School about the

American constitutional system.

In her acceptance speech Mrs.

Franklin discussed the contro-

versy which erupted in Paradise

last spring, when her classroom

materials and methods were at-

tacked by the local American

Legion Post and members of the

John Birch Society.

Five Main Issues

"The Paradise story," she

said, "highlights five main issues

-the question of personal moral-

ity, the concept of demecracy as

a living force in our everyday

life, the philosophy of the open

society, the concept of academic

The first right of a citiz

Is the right :

To be responsible.

freedom, and the question of

personal involvement and com-

mitment,

"The critics of my teaching

methods reveal a lack of under-

standing of some fundamental

principles. They do not see the

teacher as a stimulant to adven-

turesome thinking. A critic who

denies the principle of academic

freedom is denying not merely

the teacher's but also the stu-

dent's right to seek the truth.

"Those who talk most about

Americanism in our schools are

often the first to deny to others

the freedom of speech and be-

lief. Rugged individualism has

often been interpreted to mean

freedom without responsibility."

Mrs. Franklin has filed libel

charges against her critics.

Judges For Essay Contest

Mr. Bramson announced that

Justice Leonard M. Friedman,

Third District Court of Appeal;

Dr. Clyde Jacobs, chairman of

the political science department

at the University of California,

Davis; and Mr. Leonard V.

Finder, editor and publisher of

the Sacramento Union, will be .

judges for a high school essay

contest sponsored by the ACLU

chapter this fall. A prize of $50

-will be given for the winning

essay on "Civil Rights and Civil

Liberties - Mutually Supporting

or Sometimes Conflicting Con-

cepts?" The award will be made

at the ACLU Annual Breakfast

in the Sacramento Inn next

March.

New Statute

Restricts

Eavesdropping

A new section of the Penal

Code, sec. 653j, became effective

on September 20, 1963 and adds

considerable strength to the

right of confidentiality of private

communications. The new section

applies to every person not a

party to a private conversation

who, without consent of one of

the parties, eavesdrops or re-

cords the conversation. Viola-

tion results in a fine of up to

$1000 and a jail term of up to

one year. The offense is also

committed by a person who au-

thorizes someone to do the for-

bidden acts.

JOIN TODAY

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Annual Membership .

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ACLU News Subscription 2 S200

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AMT. ENCLOSED. 0000002008

503 Market Street

San Francisco, 5