vol. 31, no. 3

~ American

Civil Liberties

Union

Volume XXXI

PROF, VAN D. KENNEDY

SAN FRANCISCO, MARCH, 1966 |

PROF. CHARLES MUSCATINE

Two of the participants in annual meeting.

Thirty-First Anniversary

"Civil Disobedience and the Rule of Law," will be the

topic of Prof. Caleb Foote's address to the general member-

ship of ACLUNC at its meeting on Sunday evening, March

20, Hall of Flowers, Golden Gate Park, Ninth Avenue and

Lincoln Way, Starting at 7:30 p.m. Commentaries on the

Major address of the evening will

be offered by two Branch Board

members, Profs, Charles Musca-

tine and Robert Cole. Under the

chairmaiship of Prof, Van Dusen

Kennedy, chairman of the Board,

the meeting later will be opened

up to questions from the floor,

The Speakers

All three speakers, University

of California, Berkeley, profes-

sors, bring particular qualifica-

tions to the subject. Mr. Foote,

- professor of law and criminology

was a conscientious objector

during World War II; Mr. Cole,

professor of constitutional law

and torts, is a former law clerk

to Supreme Court Justice Minton

and later. was associated in cri-

minal defense practice with Ed-

ward Bennett Williams in Wash-

ington, D. C. Mr, Muscatine, pro-

fessor of English, was one of the

leaders in. the fight against the

University of California loyalty

oath some years ago. In the re-

cent Berkeley upheaval he played

a leading part in the faculty's

role in ameliorating the situation.

- General admission to the meet-

ing is $1.00, $0.50 for students,

payable at the door, The Hall of

.. Flowers is convenient to public

- transportation and abundant free

parking is available.

Social Hour

- After the meeting, refresh-

ments will be served during a

social hour in a special room off (c)

_ the auditorium. The $1 admission,

calculated to cover the costs of

the meeting, include the refresh-

ments. The public is invited, In-

cidentally, the meeting affords

-. members an excellent opportun-

- ity to introduce their friends to -

the ACLU,

Travel Directions

The following San Francisco

buses stop at the Hall of Flowers:

Nos. 71, 72 and 10. The "N"

street car stops at 9th Avenue

and Irving (one block away). East

`Bay residents driving to the meet-

ing should turn off the Freeway

at the Mission turn-off and then

take the Laguna-Fell exit, then

continue straight out Fell Street

to Golden Gate Park, swing left

after entering the park, past

Kezar Stadium and on to Lincoln

Way and Third Avenue, continue

on Lincoln Way to Ninth Avenue.

Marin Visiters

For Marin County visitors, the

simplest way to drive after leav-

ing the Golden Gate Bridge is to

turn off (just beyond the bridge)

at the 19th Avenue sign. Continue

along Park Presidio Blvd. and

through Golden Gate Park to

19th Avenue and Lincoln Way

(which is the street alongside

the Park), Since a left-hand turn

-Continued on Page 3

Santa Clara

Valley Chapter

Elects Officers

Peter Szego was re-elected

chairman of the Santa Clara Val-

ley Chapter of ACLUNC at its

annual meeting on February 17.

Mrs. Margaret Irving was elected

vice-chairman in charge of Fi-

nance; Justin D. Vanderlaan, vice-

chairman in charge of Local Is-

sues; and T. J. Balgooyen, vice-

chairman in charge of Member-

ship. A couple of the offices have

not yet been filled.

In addition to the foregoing

persons, the following were elect-

ed to the board of directors for

the ensuing year: Oran T. Adams,

John D. Brokenshire, Phil Ham-

mer, Dr. Jerome A. Lackner,

Helen Mineta, Andrew Mont-

gomery, William L. Nelson, Dave

Stuart, Consuelo D. Taylor, Rob-

ert Van Bruggen and Sam Wash-

ington.

The annual meeting, held at

Firemen's Hall in Saratoga, was

addressed by Donald Chapman,

Santa Clara County's first Pub-

lic Defender, who described the

work of the Public Defender's

office.

Number 3

ACLU Intervenes

In Air Force

Political Case

The ACLU has intervened in

behalf of an airman who re-

ceived an Undesirable Discharge

on May 10, 1961, for alleged

fraudulent enlist. The discharge

was based on the following state-

ment which the airman signed:

"IT have contributed money to

the committee to defend the

rights and freedom of Pittsburgh's

Political. Prisoners. I have also

bought and sold. books for the com-

mittee to defend the rights and

freedom of Pittsburgh's Political

Prisoners (Steve Nelson) to aid

in his (Steve Nelson's) release.

I made these contributions and

services on his behalf on a strict-

ly voluntary basis."

Enlisted at Eighteen

The airman was born August -

21, 1941, and enlisted April 8,

1960. He was only 19 at the time

of his discharge. The activities

mentioned in the statement oc-

curred while he was a child.

The appeal is now pending be-

fore the Air Force Discharge Re-

view Board in Washington, D. C.

The Examiner in the case has re-

ported as follows: "Was hospital-

ized at the time charges of fraud-

ulent enlistment were filed and.

apparently heard. Such charges,

as reflected by questions of in-

vestigators, related to his asso-

ciations with his parents during

a period they were alleged to be

radicals. The action in this case

is inconsistent with the decisions

of the U. S. Supreme Court in

the Harmon case."

Appeal Pending One Year

The appeal to the Board has

been pending since March 18,

1965. Legal action may become

necessary to secure a decision.

No Speedy Decision

Semi-Nude Females

A Redwood City jury of three men and nine women

deliberated 14 hours on January 28 before coming in with

a verdict in the "obscenity" trial of Conrad Chance who

was represented by ACLU staff counsel Marshall W. Krause.

The verdict was that Mr. Chance was guilty on a count

charging that 12 photos of semi-

nude females were "obscene" and

not guilty on the remaining count

charging that the book "Bound

Correspondence" was "obscene."

. Mr, Chance has not yet been

sentenced as defense motions for

a new trial and for a judgment

of acquittal notwithstanding the

jury's verdict are scheduled to be

heard on February 28. If these

motions fail, an appeal will be

taken to the Appellate Depart-

ment of the Superior Court of

San Mateo County.

Eleven Charges

Chance and a co-defendant,

Thomas Kerwin, were originally

charged with 11 counts of offer-

ing for sale "obscene" material

but Judge Lyle Edson threw out

all but two of the counts on the

basis that the material involved

Was not obscene as a matter of

law, This eliminated Mr. Kerwin

from the case and left only two

counts. : :

The trial lasted three full

weeks with both sides presenting

experts to the jury on such sub-

jects as contemporary community

standards concerning sex and

nudity, the "predominant ap-

peal" of the matter in question,

and whether or not the matter

was "utterly without redeeming

social importance.' The defense

witnesses and other details of the

ease are described in the story

appearing in the February issue

of the ACLU NEWS,

Dr. Rapappori Testifies 3

After the defense rested its

case, the prosecution called in

New Arguments Ordered in

Proposition 14 Case

The California Supreme Court has had under submission

seven cases involving the validity of Proposition 14 (for-

bidding the state to act against racial discrimination in

housing) since the cases were argued on October 25, 1965.

Now the court has vacated that submission and has ordered

new oral arguments to take place

in the seven cases (several of

which are being handled by

ACLU affiliates) on March 21 in

Sacramento.

The court's action came as the

result of a decision of the United

States Supreme Court handed

down in January of 1966 in the

case of Evans V. Newton. That

case. involved the decision of a

Georgia court to accept the resig-

nation of certain public trustees

for a park in Macon, Georgia, and

appoint private trustees to run

the park. The park had been given

to the City of Macon in the early

part of this century under the

condition that it would be run for

white persons only. When this

condition became impossible of

enforcement the heirs of the

donor tried to get the park re-

conveyed to them but the city de-

cided to divest itself of all control

by resigning as trustee.

Split Decision

The United States Supreme

Court held in a split decision that

the act of the state court in ac-

cepting the resignation of the

public `trustees and appointing

private trustees was a Violation of

the 14th Amendment to the Uni-

ted States Constitution without

regard to whether the private

trustees continued to return the

park on a segregated basis or not.

In an opinion by Justice Douglas

it was pointed out that the obvi-

ous purpose of the change of

trustees was to get around other

decisions involving the

Amendment which would have

forbidden the park from being

operated as a segregated facility.

Justice Douglas also pointed out

that the park was part of a tra-

ditional municipal function and

had taken on a public character

as distinguished from tradition-

ally private activites such as so-

cial clubs or private schools.

Lawyers Differ

Both sides in the Proposition

14 controversy in California have

sought to find advantage in the

Evans v. Newton case. The per-

sons who attack Proposition 14

(including the ACLU) point out

that the court was willing to look

through the supposedly neutral

change of trustees which took

place under the order of the state

court and find and hold that the

purpose of this change was to

enable segregation to take place.

The Other Side

The supporters of Proposition

14 point out that there is a con-

siderable difference between a

public park which is a municipal

function and private housing

which traditionally is not a muni-

cipal function and that Justice

Douglas in leaving room for se-

gregation in private activities

14th .

rebuttal Dr, Walter Rapapport,

former director of the Depart-

ment of Mental Hygiene for the

State of California and former

Superintendent of Mendocino

State Hospital and Agnew State

Hospital. Dr, Rapapport has been

an expert medical witness for

most of his career, having ap-

peared in this capacity in about

nine thousand contested criminal

cases, Almost all of his experi-

ence as a psychiatrist has been

as an administrator rather than

clinical. Rapapport testified that

the material charged with being

obscene was totally without re.

deeming social importance and

further (over strong defense ob-

jection) that the material was

of the type frequently found on

sexual psychopaths and other de-

viate persons in prisons and in-

stitutions. Rapapport testified

that this kind of material had a

direct effect on criminal be-

havior. On cross-examination

when confronted with exactly the

opposite conclusions by the Kin-

sey Institute researchers Rapap-.

port stated that he was better

qualified than the Kinsey re-

searchers to make these kinds of

judgments and disagreed with

their opinions. He also disclosed

on cross-examination that he had

only read a portion of the ma-

terial involved but yet was able

te give his expert judgment be-

cause he got the general idea.

Grounds for Appeal y

If the motions on Chance's be-

half are denied there will be |

several strong grounds for ap-

peal. First is the inadmissibility

of Dr. Rapapport's testimony as

to the alleged harm caused by

reading materials dealing with

sex. The statute does not make

any such harmful effect Cif it

exists) a relevant element. Sec:

ond will be the trial court's re-

fusal to allow the defendant to

introduce into evidence a large

group of "girlie' magazines con-

taining pictures very similar to

those with which Chance was

charged. The object of this testi-

mony was to show that the par-

ticular pictures in the case did

not exceed contemporary com-

munity standards and. that, even

if they did, Chance had a reason:

able basis for believing that they -

did not. The judge excluded all

such magazines on the basis that

they contained some scanty text

material and thus were not com-

parable to pictures alone. This

ruling, it is believed, prevented

the jury from making an accu-

rate comparison between the

pictures Chance offered for sale

and pictures which are freely

available in the community

whether or not they are con-

tained in magazines. Other areas

of error were refusal to allow a

defense witness to read passages

from current literature showing

the current degree of frankness

in the treatment of sex, and the

erroneous nature of several of

the instructions to the jury. (c)

supports the position of the ad-

vocates of Proposition 14 that

there is no state involvement by

merely allowing the owners of

private property to make their

own decisions as to whether they

will or will not deal with minor-

ity groups, and that it is not

"state action" forbidden `by the

14th Amendment when the state

says that it will remain neutral

-Continued on Page 2

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Ciyil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG .. . Editor

503 Market Street, San Francisco, California 94105, EXbrook 2-4692

Subscription Rates -- Two Dollars a Year

Twenty. Cents Per Copy

apo 151

Ralph B. Atkinson

Dr. Alfred Azevedo

Albert M. Bendich

Leo Borregard :

Rey. Richard Byfield

Prof. Robert Cole

Prof. John Edwards

Rey. Aron S. Gilmartin

Evelio Grilic :

Mrs. Zora Cheeyer Gross

Albert Haas, Jr.

`Howard H. Jewel

Ephraim Margolin

Honorary Treasurer:

_ Joseph S$. Thempson

Honecrary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J. Eagan

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson

Richard Johnston ~

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Van D. Kennedy

VICE-CHAIRMEN: Rabbi Alvin I. Fine

Helen Salz

SEC'Y-TREASURER: Richard DeLancie

EXECUTIVE DIRECTOR: Ernest Besig

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S$. Ford

CHAPTER DIRECTOR: Mrs. Marcia D. Lang

Committee of Sponsors

John R. May

Prof. John Henry Merryman

Prof. Charles Muscatine

Rey. Robert J. O'Brien

Prof. Herbert Packer

' Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec Skolnick

Gregory S. Stout

Stephen Thiermann

Richard E. Tuttle

Donald Vial

Richard J. Werthimer

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Rey. Robert W. Moon

Dr. Marvin J. Naman _

Prof Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

Hospitalization

Causes Security

Problem

The Office of Industrial Per-

sonnel Access Authorization Re-

view has suspended the security

clearance of an employee of Syl-

vania Electric Products, Inc.,

solely on the strength of a psy-

chiatric evaluation based on hos-

pital records that are now be-

tween two and three years old.

The psychiatrist never examined

the individual.

"Based upon these records,"

says an Air Force psychiatrist in

Washington, "it is the opinion of

the undersigned that subject.

suffers from emotional instabil-

ity with chronic depressive fea-

tures. This condition may inter-

fere with her reliability and

judgment with respect to han-

dling classified information. Ade-

quate determination of her suit-

ability for sensitive and classi-

fied duties can be made on the

baSis of the records available and

further evaluation would not

contribute anything to this de-

cision. It is recommended that

she not be cleared for access to

sensitive or classified informa-

tion because of the emotional

and personality difficulties re-

ferred to above."

On the other hand, a respon-

sible private psychiatrist after

examining the woman declared,

"Yyen feel that this woman has made

a more than adequate adjust-

ment personally, socially and

professionally since her dis-

charge from the hospital."

The employee contends that a

proper evaluation of her present

mental health cannot be made

solely on the basis of unspecified

records and documents and with-

out examining her. The ACLU

has intervened in her behalf on

the ground that she is being de-

nied procedural due process. Be-

latedly, the Government now

seeks to have her examined but

it has not withdrawn the State-

ment of Reasons which rests on

the evaluation made by the Air

Force psychiatrist in Washing-

ton. :

ACLU NEWS

March, 1966

Pade 2

1966 ACLUNC

s @

Membership

e

Campaign

The first phase of ACLUNC's

annual membership campaign has

already begun with the mailing

of appeals for names of pros-

pects. These are being checked

to eliminate duplication.

The second phase will consist

of a large-scale mailing of invita-

tions to join, starting March 7.

The third, or local follow-up

phase will begin March 28. There

is an urgent need for help in the

Jocal follow-up work, especially

in the non-chapter areas.

Diminished Help

Unlike various civil rights or-

ganizations, ACLU has not suf-

fered reductions in membership

and income. However, the num-

ber of names of prospects sub-

mitted and, more importantly, the

number of offers to help in the

1966 drive, as compared with last

year, reveals some resting on the

oars.

ACLUNC scored numerous vic-

tories for civil liberties in 1965,

in the most dramatic of which,

it obtained a U. S. Supreme

Court ruling striking down post

office censorship of "communist

political propaganda" from

abroad, But the task of upholding

the Bill of Rights is never com-

pleted. Every day the boundaries

of civil liberties have to be de-

fended. For this we need an

alert, enthusiastic, dedicated, and

larger membership. No one can

afford to relax. .

Court Expenses

To date, ACLUNC's expenses

for court cases has reached the

highest amount ever expended in

a comparable period. The funds

that enable staff counsel Mar-

shall Krause to spend many

weeks away from the office de-

fending clients outside of the Bay

Area come from members' dues

and contributions. ACLUNC does

not receive foundation, commu-

nity chest, or other forms of out-

side support. a

This, then, is an appeal for

continued practical demonstra-

tion of members' personal com-

mitment to civil liberties, by as-

sisting in the forthcoming 1966.

annual membership drive,

of Nort

ARTICLE I

Name

The name of this organization

shall be the American Civil Lib-

erties Union of Northern Cali-

fornia.

ARTICLE It

Headquarters

The headquarters of the Union

shall be in San Francisco,

e ARTICLE HI

Affiliation

This organization shal] func-

tion as an affiliate of the Amer-

jean Civil Liberties Union, Inc.,

of New York.

ARTICLE Wil

Object.

- Its object shall be to maintain

the rights of free speech, free

press, free assemblage and other

civil rights and to take all legiti-

mate action in furtherance of

such purposes. The Union's ob-

ject shall be sought wholly with-

out political partisanship.

ARTICLE V

Membership and Dues

All persons wishing to further

the purposes of the Union are

- eligible for membership. Mem-

bership is established by signing

an application and paying the

annual dues. Dues shall be fixed.

by the Board of Directors.

ARTICLE VI

Beard of Directors and Officers

la. The direction and adminis-

tration of the Union shall be un-

der the control of a Board of Di-

rectors of not less than fifteen

(15), nor more than thirty (30),

members. The Board of Directors

shall meet once each month, at a

time and place fixed by the

Chairman, or on request of five

or more of its members. Mem-

bers of the Board who fail to at-

tend five consecutive meetings

without explanation may be-

dropped from memership in the

Board by a majority vote of all

of the members of the Board.

Seven members of the Board

shall constitute a quorum,

b. Members of the Board of

Directors shall be elected for

three-year terms, and are eligible

for two full consecutive three-

year terms. The foregoing limita-

tion shall not apply to an incum-

bent chairman of the board; how-

ever, nine years shall be the max-

imum served in any event. Prior

election to unexpired terms shall

be permissible in addition to the

two full terms. After having

served two consecutive terms,

members shall again become

eligible for election only after at

least one year's absence from the

board, and they shall continue to

be eligible' for election for pe-

riods of two full consecutive

three-year terms, so long as such

periods of service are interrupted

by at least one year's absence

from the board.

ce. An exception to the forego-

ing provisions shall be made in

the cases of board members who

served on the original Board of

Directors. After the expiration

of their present terms of office,

said board members shall hold

office for life; with full voting.

rights. :

d. Each year, at the April

meeting of the Board of Direc-

tors, a committee of five per-

sons, composed of two members

of the Board of Directors, and

three members of the American

Civil] Liberties Union who are

not members of the Board of Di- |

rectors, shall be appointed by

the Chairman to serve as a

nominating committee to nomi-

nate persons to fill Board of Di-

rector terms expiring during the

current year as well as any unex-

pired terms that may be vacant.

The committee shall report its

recommendations to the Board of

Directors at the September meet-

As Amended May 10, 1962

ing, the proposed nominations of

which shall be subject to ap-

proval or change by the Board of

Directors at the said meeting.

`e. Every year, the April issue

of the A.C.L.U. NEWS shall

carry an invitation to the Union's

membership to suggest names to

the nominating committee, and

such names must reach the Un-

ion's office not later than April

30 in order to receive considera-

tion. The nominating committee -

shall consider such suggestions

but shall not make any nomina-

tions until after April 30.

f. In addition to the foregoing

method of proposing names to

the nominating committee, mem-

bers may make nominations di-

rectly to the Board of Directors

in the following manner: Not

later than August 1 of each year,

nominations may be submitted

by the membership directly to

the Board of Directors, provided

each nomination be supported by

the signatures of 15 or more

members in good standing and

be accompanied by a summary of

qualifications .and the written

consent of the nominee

2a. The officers of the Union

shall be: a chairman, three Vice-

Chairmen, a Secretary-Treasurer,

and an Executive Director, who

shall be elected by and hold of-

fice at the pleasure of the Board

of Directors. |

b. Officers of the Board of Di-

rectors shall, be elected annually

for terms beginning November 1.

c. Eachayear at the April meet-

ing the chairman shall appoint

three members of the Board to

act as a Nominating Committee

for officers of the Board, The

Committee shall present its nom-

ination to the Board at the Sep- |

tember meeting.

3. The Chairman shall pre-

side at all meetings of the mem-

bership and the Board of Direc-

tors and act in cooperation with

the other officers and with com-

mittees as found necessary or

desirable.

4. The Vice-Chairmen shall act

in lieu of the Chairman in event

of the latter's absence or in-

ability to serve.

5. The Secretary-Treasurer

shall perform the usual duties of

such an office.

6. The Executive Director shall

conduct. the office of the Union,

issue its monthly publication,

maintain minutes of all meetings

of the Union and the Board of.

Directors, keep the records of

membership and of receipts and

disbursements, handle all mat-

ters of civil liberties coming to

the attention of the Union be-

tween meetings of the Board of

Directors and report thereon at

the following meetings of the

Board, secure the services of at-

torneys, appear before public

bodies on behalf of the Union,

and perform such other duties

as may be assigned by the Board

of Directors.

7. Such other committees as

may be found necessary or de-

sirable may be elected or ap-

pointed as determined by the

Board of Directors.

ARTICLE VII

Meetings

la. A general membership

meeting shall be held in San

Francisco at least once each year

for the purpose of receiving re-

ports of activities during the pre-

ceding year, and considering such

other business as the Board of

Directors may lay before it.

b. Special meetings of the

members may be called at any

time by a majority of the Board

of Directors or shall be called by

the chairman on the written re-

quest of at least 10 per cent of

the membership. Any such peti-

ern California, Inc.

tion and the notice of such meet-

ing shall state the purpose there

of; notice shall be sent 10 days

before the date set for such

meeting. No business other than

that specified in the notice of the

meeting shall be transacted. The

presence of 15 per cent of the

membership at any special meet-

ing shall constitute a quorum.

2. Additional membership

meetings for the transaction of

business indicated in the preced-

ing section shall be held at the

call of the Board of Directors.

3. Luncheon, dinner, mass or

area meetings may be held or

lectures may be sponsored, as di-

rected by the Board of Directors.

ARTICLE VIII

_ Chapters

The Union by a majority vote

of its: Board of Directors may

grant a charter to any petitioning

`local group in Northern Califor-

nia which has given satisfactory

evidence of vitality, leadership

and devotion to the objectives

and program of the Union. Char-

ters may be revoked for cause by -

a two-thirds vote of the Board of

Directors, but only after a state-

ment of reasons has been sent by

`the Board of Directors to the

chapter officers, and members of

the chapter board and a full

hearing accorded. Chapter By-

Laws shall not go into effect

until they are approved by the

Board of Directors.

ARTICLE IX

Rules of Order

Except as covered by the fore-

going, "Robert's Rules of Order,

Revised,' shall govern the con-

duct of all meetings of the mem-

bership, the committees and

Board of the Union.

ARTICLE X

Amending By-Laws

These BY-LAWS may be

amended at any meeting of the

Board of Directors by a vote of

a majority of all of the members

of the Board, provided the pro-

posed amendments are first sub-

mitted to the members of the

Board,

Breece Elected

Chairman of

Marin Chapter

T. Howell Breece, Chairman of

the English Department at the

College of Marin and a resident

of Sausalito, was elected Chair-

man of the Marin County Chapter

of the ACLUNC when the newly

elected board met on February

21. He succeeds Prof. Robert B.

Pence, who is travelling with his

wife in Europe.

Mrs. Annette Bode of San Ra-

fael was elected Vice-Chairman,

and Mrs. Edith Freeman of Mill

Valley was named Secretary-

Treasurer,

New Arguments

In Prop. 14 Case

Continued from Page 1-

in such decisions, The opponents

of Proposition 14 find the an- |

nouncement of state neutrality to

itself be an encouragement of dis-

crimination and thus forbidden

by the 14th Amendment to the

United States Constitution.

Decision Delayed

The new briefs and the new

arguments in this significant

group of cases will mean that the

California Supreme Court will

probably not decide the cases un-

til May at the earliest. There

is little doubt that the losing side

will then take an appeal to the

United States Supreme Court,

Hespital Insurance Benefits

i

The American Civil Liberties Union on February 21

launched a major legal attack to rid the new Medicare law of

a requirement that an approximate two million elderly per-

sons take a non-Communist oath in order to qualify for hos-

pital insurance benefits. The civili liberties organization filed

a suit in the U.S. District Court

for the Southern District of New

York seeking an _ injunction

against the enforcement of the

two provisions and a declaration

of their unconstitutionality by a

three-judge district court.

The Plaintiffs

The ACLU's challenge of the

Communist disclaimer is on be-

half of Mrs. Louis B. Weiss, 70,

and her mother, Mrs. Sigmund

K. Pollitzer, 95, well-known civic

jeaders in New York City. Mrs.

Weiss, a social worker, is vice-

president of the Wiltwyck School

for Boys and is the mother-in-law

of Dean Louis Pollak of the Yale

School. Mrs. Pollitzer has been

for many years a leader in vari-

ous educational and social wel-

fare causes, and is known espe-

cially as one of the founders of

the Encampment for Citizenship.

Political Question

Mrs. Weiss and Mrs. Pollitzer

have refused on principle to

complete the "Application for

Hospital Insurance Entitlement,"

which includes the following

question authored by the Social

Security Administration of the

Department of Health, Education

and Welfare: "Are you now, or

have you been during the last

12 months, a member of any or-

ganization which is required: to

register under the Internal Se-

curity Act of 1950 as a commu-

nist-action organization, a com-

munist-front organization, or a

communist-infiltrated organiza-

tion?"

Trustees Ban

Distribution of

Gideon Bibles

`The board of trustees of the-

San Lorenzo Valley Unified

School District in Santa Cruz

county on February 8 decided to

table the year-old request of the

Gideon Society to distribute

within the public schools to those

"who wanted them,' copies of

the Gideon Bible. At the same

time, the board agreed to the

placement of Bibles in classrooms

as reference works. It is not clear

what reference use will be made_

of the Bibles in the elementary

schools, although there can be .

no legal objection to the place-

ment of Bibles in school libraries

as reference works.

Last January, the trustees

agreed to "approve Gideon dis-

tribution of the Testaments from

a neutral place and in a manner

approved by Superintendent

Richard R. Fickel but before any

distribution is made, the county

counsel would be asked for an

opinion." That action was re-

scinded on the recommendation

of Superintendent Richard R.

Fickel. Dr. Fickel relied on an

opinion by Santa Cruz County

Counsel William H. Card who

concurred in a 1955 opinion of

the California Attorney General

that Gideon Bibles may not be

distributed through the public

school system.

Stanley D. Stevens, chairman

of the Santa Cruz County Chap-

ter of the ACLUNC appeared be-

fore the trustees to oppose the

request of the Gideon Society.

Chapter intervention was sup-

ported by the branch which

argued that the distribution of

Gideon Bibles in the public

schools would violate both the

Federal and State Constitutions.

The "Application" form _ was

`prepared by the HEW last

spring, allegedly as an adminis-

trative measure to implement

Seetion 103 of the Medicare law

passed by Congress. Subsection

(a) of Section 103 provides that

persons who are presently unin-

sured, under Social Security

(Mrs. Weiss and Pollitzey are in

this category) are eligible for

hospital insurance benefits. Be-

- ginning on July 1, 1966, cost of

hospital benefits for this group

will be funded from the general

Treasury, Section 103 (b), how-

ever, disqualifies any individual

"who is, at the beginning of the

first month in which he meets

the requirements of subsection

(a), a member of any organiza-

tion referred to in Section 210

(a) (17) of the Social Security

Act." (Section 210 (a) (17) of

the Social Security Act excludes

from benefits: those who have

been or are in "service or in the

employ of' any organization

ordered by the Subversive Activi-

ties Control Board to register

with it under the Internal Secur-

ity Act of 1950.)

ACLU Contentions ~

The Union's complaint charges

that both the disclaimer' oath

and Section 103(b) abridge free-

dom of speech and association of

the two women, are an arbitrary

and unreasonable classification

depriving them of due process of

law, and contravene the Ninth

- Afnendment, which protects the

individual from governmental in-

fringement of fundamental

rights not specifically mentioned

in the first eight amendments of

the Bill of Rights. Adding -that

the disclaimer curtails

Weiss' and Pollitzer's

Amendment privilege against

self-incrimination, the ACLU

contends that Section 103(b) isa.

bill of attainder, imposing a pen-

alty on the women without a

judicial trial; and an ex -post

facto law. The brief further al-.

leges that the Section imposes

cruel and unusual punishment in

violation of the Eighth Amend-

ment and is an invasion of pri-

vacy.

Irreparable Injury

Emphasizing in its complaint

the threat of "irreparable dam-

age" to the two elderly women,

the ACLU notes that if, by their

unwillingness to comply with the

unconstitutional oath require-

ment, they cannot file "Applica-

tions" for hospital benefits by

March 31, 1966, "they cannot file

until October of 1867 and will

not be able to receive benefits

until July of 1968." :

Repeal Sought

In a February 9 letter to the

ACLU, Robert M. Ball, Commis-

sioner of Social Security, dis-

closed that HEW believes "un--

desirable" in principle Medi-

care's exclusion from hospital in-

surance benefits of "members of

organizations required to reg-

ister under the Internal Security

Act." He revealed that the Social

Security Administration is rec-

.ommending to Congress the re-

peal of this provision. Legisla-

tion for repeal was introduced in ~

January by Sen. Jacob Javits and

Rep. William Ryan; of New York.

At the same time Commissioner

Ball said that the Administra-

tion will ask Congress to strike

the same restriction from a 1956

amendment to the basic Social

Mrs.

Fifth .

Applicant for PO

Jeb Ma ear

Pacifist Button

The Regional Director of the

Post Office Department, Ray-

mond R. Holmquist, last month

over-ruled J. H. Van Meter, In-

spector in Charge of the Post

Office in San Francisco, and held

that an applicant for a Post Of-

fice job who was wearing a but-

ton bearing a symbol for peace

is eligible for a job. Mr. Van

Meter had decided it would be

"appropriate for a postmaster to

prohibit his employees from

wearing any badge or pin which

might tend to involve the Depart-

ment in a controversy," and the

particular applicant was denied

" employment because "the badge

(he was wearing) could cause a |

controversy." The only difficulty

with: this reasoning is that the

individual involved was not a

Post Office employee but merely

an applicant for employment and

he wasn't subject to any regula-

tion against badges, which ap-

pears to have been non-existant

anyway, :

In his letter to the ACLU, Mr.

Holmquist stated, "It is not the

policy of the Post Office Depart-

ment to deny employment be-

cause of political beliefs or prin-

ciples. It will be appreciated if

you will inform Mr. - - that

he is free to apply for employ-

ment with the Post Office De-

partment." -

The Department's action fol-

lowed referral of the matter to

the Washington office of the

ACLU, Lawrence Speiser, Wash-

ington Office Director, conferred

with Assistant Postmaster Gen-

eral Tyler Abell and the new

ruling resulted.

Navy Seeks

Bad Conduct Dis.

In Medical Case

The ACLUNC has intervened

in behalf of a twenty-nine year

old Navy electronics technician

who faces a hearing on March 14

to determine whether he should

receive an Undesirable Discharge

"by reason of misconduct." The

individual is married and has two

children. He has served in the

Navy for eleven years, or ever

since he was eighteen years of

age, He has an excellent record.

Homosexual Activity

The alleged "misconduct" re

lates to an arrest in Berkeley on

March 30, 1965 because of lewd

conduct in a public lavatory for

which he was placed on proba-

tion. In the meantime, he sought

psychiatric help and was in

therapy from May to November,

1965 for "periodic homosexual

acting out." As a result, the Clini-

cal Psychologist. recently -de-

clared, "it is my considered opin-

ion" that the individual "can

refrain from this behavior in the

future. It seemed, among other

things, to be related to lack of

understanding and lack of com-

munication between he and his

wife. I feel treatment has been

successful at this point and that

no further treatment is advisable

for a while."

Medical Problem

The ACLU contends that if the

individual is discharged it should

be for a medical reason and un-

der honorable conditions, rather

than an Undesirable Discharge

which ignores the circumstances

and the man's excellent record in

the. Navy.

Security Act, which excludes

"employment by these organiza-

tions from coverage of the Act."

The ACLU in first attacking

_ the Medicare disclaimer on Janu-

ary 5 called for an end to "the

irrelevant, discriminatory and

punitive sections of the Social

Security Act." - :

`The Union's complaint was

prepared by William D. Zabel,

an ACLU cooperating attorney,

and Melvin L. Wulf, ACLU legal

director.

A similar suit has been filed in

the U.S. District Court in Los

Angeles by Mrs, Gratia E. Short.

formation."

The national office of the ACLU has created a Crisis

Areas Fund and affiliates have been asked to pledge five

per cent of their income for this purpose. The money is

to be used "in staffing the embatt!- 3 Louisiana Civil

Liberties Union and in providing the Jouthern Regional

Office with one or more field development people who

will support the program of our fledgeing affiliates in

Alabama and North Carolina, and work on new affiliate

On January 13, the Board of Directors of the ACLUNC

made a pledge of $4500 towards the Crisis Areas Fund.

It is hoped that this pledge can be met out of new funds

because this year's budget. has been increased $8,260.74

and we face a deficit of that amount if our income con-

tinues to hold level with that of last year. To the extent

that special gifts cannot be secured, any differences

between the amount raised and the amount pledged will

`have to come out of reserve funds.

If you want to help with the civil rights struggle in

the South, please send a generous contribution to the

ACLU, 503 Market St., San Francisco, Calif. 94105 and

. earmark your gift ''For the Crisis Areas Fund." :

Punishing Sick People

The efforts of the American Civil Liberties Union of

Northern California, through volunteer attorneys George

Duke, Robert Schnacke, and Richard Rader; and staff coun-

sel Marshall W. Krause, to prevent alcoholics from being as

criminals for merely exhibiting the symtoms of their illness

in public received further rebuff

last month when the State Su-

preme Court declined to hear a

habeas corpus action filed on be-

half of Thomas F. Budd, Budd

was convicted of being drunk in

public in Oakland Municipal

Court and his conviction was af-

firmed by the Alameda County

Superior Court. No further di-

rect review was possible in Cali-

fornia and so the petition for

' habeas corpus was filed with the

California Supreme Court, al-

leging that the statute allowing

a person to be punished for being

drunk in public was uncontitu-

tional as applied to Mr. Budd,

who is conclusively medically di-

agnosed as an alcoholic since he

is unable to refrain from periodic |

drunkeness because of his illness.

The high court denied the peti-

tion without opinion.

Opposite Results

A few days after this event, the

United States Circuit Court for

the Fourth Circuit lecated in

Richmond, Virginia decided

Driver v. Hinnant in which, in a

very similar case, the court held

it was unconstitutional for the

`State of North Carolina to sen-

tence Driver to jail when it ap-

peared that his only offense was

exhibiting symptons of alcholism

in. public. Driver was shown

to be a chronic alcholic. The

court held: "This addiction-

chronic alcholism-is now univer-

sally accepted medically as a

disease. The symptoms, as al-

ready noted, may appear as `dis-

order of behavior.' Obviously, this

Annual Meeting

Hears Caleb

Feote on Mar. 20

Continued from Page 2-

is not permitted, turn right and

make a left-hand turn on Lincoln

Way at Twentieth Avenue, Cut

back on Lincoln Way to Ninth

Ave. Of course, those who are

- acquainted with the mysteries of

Golden Gate Park can cut across

the Park from Park Presidio

_ Blvd. to 9th Avenue, but there

are a number of confusing turns.

Peninsula Visitors

For Peninsula residents, turn

off the Freeway at the Mission

exit and come out Fell Street, as

described above, or for those

coming via Nineteenth Avenue,

turn right at Lincoln Way.

includes appearances in public, as

here, unwilled and ungovernable

by the victim. When that is the

conduct for which he is crimi-

nally accused, there can be no

judgment of criminal conviction

passed upon him. To do so would

affront the Eighth Amendment,

as cruel and unusual punishment

in branding him a criminal, irres-

pective of consequent detention

or fine. Although his misdoing

objectively comprises the phy-

sical elements of a crime, never-

theless no crime has been per-

petrated because the conduct was

neither actuated by an evil intent

nor accompanied with a_ con-

sciousness of wrong-doing, indis-

pensable ingredients of a crime.

(Citing Merissette v. United

States). Nor can his misbehavior

be penalized as a transgression of

a police regulation-malum. pro-

hibitum-necessitating no intent

-to do what it punishes. The al-

coholic's presence in public is

not his act, for he did not will it.

It may be likened to the move-

ments of an imbecile or a person

in a delirium of a fever, None of -

them by attendance inthe for-

bidden place defy the forbid-

dance."

The Circuit Court then went on

to discuss the case of Robinson

v. California where the U. S. Su-

preme Court held that it was

cruel and unusual punishment for

the State of California to punish

- a person as a criminal merely for

being addicted to narecoties.

Budd Case Appeal

Whether or not North Carolina

will seek to take the Driver case

to the United States Supreme

_ Court remains to be seen. How-

ever, the ACLU attorneys for

Thomas Budd do intend to take

his case to the United States Su-

preme Court. It is regrettable

that the California Supreme

Court, even after the Driver case

was called to its attention, de-

clined to grant any hearing to

Mr. Budd. Perhaps this non-action

can be ascribed to the increasing

attack on the California courts

- for enforcing constitutional rights

of persons charged and con-

victed of crimes. The importance

of defending courts against at-

tacks of this kind cannot be. over-

estimated.

ACLU NEWS

March, 1966

Page 3

ACLU `Loyalty Oath"

Lawrence Lab.

A plenary session of the ACLU national Board of Direc-

tors on January 29 rejected a proposal to eliminate ACLU's

"loyalty oath"-the Resolution of February 5, 1940-and to

substitute in its place the declaration that "Support of civil

liberties as guaranteed in the Constitution of the United

_ States is the one and fundamen-

tal qualification for membership

or office in the American Civil

`Liberties Union." The contro-

versial resolution, which has be-

`come a part of the national

body's Constitution, provides, in

part, that it is "inappropriate for

any person to serve on the gov-

"-erning committees of the Union

or on its staff, who is a member

of any political organization

`which supports totalitarian. dic-

"tatorship in any country, or who

by his publie declarations indi-

cates his support of such a prin-

eiple:

'-"Within this category we in-

elude organizations in the United

States supporting the totalitarian

governments of the Soviet Un-

ion and of the Fascist and Nazi

countries (such as the Commu-

nist Party, the German-American

Bund and others); as well as na-

tive organizations with obvious

anti-democratic objectives or

practices." ;

National Policy

Initially, the resolution was

applicable only to the national

organization but then it was ex-

tended first to new branches and

finally to the entire organiza-

' tion. In 1948, the ACLUNC as

an autonomous branch rejected

a national board request to ac-

cept the resolution and it subse-

quently refused to accept an

amended national Constitution

of which it became a part.

never used the following lan-

guage which appears on the

membership application forms of

the national office and all other

branches: "The American Civil

Liberties Union needs and wel-

comes the support of all those-

and only those-whose devotion

to civil liberties is not qualified

by adherence to Communist,

Fascist, KKK, or other totali-

tarian doctrine."

Compromise Motion

A so-called compromise motion

was adopted by the national

board which calls for an ad-hoc |

or suitable committee "to con-

sider the total problem of main-

taining the integrity, effective-

ness and viability of ACLU and

to prepare appropriate recom-

mendations for By-Law and Con-

'Stitutional changes which may

be necessary to effectively

-achieve this goal consistent with

our principles and democratic

"purposes." In addition, the com-

mittee is "requested to consider

cand develop a positive statement

`of qualifications sought in can-

didates for ACLU office or

staff." The committee's report is

scheduled to come before a ple--

hary session of the board in th

fall. :

Supporting Amendments

In arguing in support of this

compromise, Ernest Mazey of

Detroit cited other matters than

political association which may

affect the organization's `"integ-

rity, effectiveness and viability."

Included were such things "as

absconding with the funds of the

organization; unauthorized use of

the ACLU membership list for

purposes alien to the ACLU; or

by making dishonest and mali-

cious public statements purport-

edly for the organization which

are, in fact, not our view." Also,

ACLU NEWS

March, 1966

Page 4

he cited the example of an of-

ficial using "our separation of

church and state principle as a

vehicle for the public expression

of anti-religious bias or for bla-

tant anti-Catholicism in a man-

ner reflecting adversely upon

the public image and reputation

of ACLU." He also cited action

by officers of the ACLU who are

also holders of public office

which is inconsistent with the

purposes of the ACLU and the

case of "persons whose prime al-

legiance is to an organization

other than ACLU" seeking to

"utilize a position with ACLU

for purposes inconsistent with

our civil liberties goals."

Mail Balloting

To meet the problem of pos-

sible massive infiltration of an

ACLU unit, he suggested "Stag-

gered terms for members of the

Board of all ACLU units .. . re-

quiring membership for a period

of 90 days in advance of ballot-

ing ...a By-Law provision re-

quiring mail balloting in elec-

tions to assure broader partici-

pation and to reduce the possi-

bility of an organized minority

perverting the electoral process."

So. Calif. Adopts

Statement on |

Sexual Behavior

_ Moreover, the ACLUNC has -

A new policy statement by the

Board of Directors of the ACLU

of Southern California on the

subject of sexual behavior was

announced recently. It declares

that "the right to privacy in sex-

ual relations is a basic constitu-

tional right." This is the first

time that any member of the

ACLU family has taken such a

position and it marks a depar-

ture from the traditional con-

cept of civil liberties.

The Statement

The statement reads:

American Civil Liberties Union

of Southern California believes

that the right to privacy in sex-

ual relations is a basic constitu-

tional right. In respect to pri-

vate conduct by adults, each in-

dividual has the right to decide

what kind of sexual practices he

or she will or will not engage in,

what techniques will be used,

-and whether or not a contracep-

tive should be used. Public regu-

lation of sexual conduct should

be concerned only with prevent-

ing rape and assault and the pro-

tection of minors."

Conscience, Freedom and Dignity

An additional statement adopt-

ed by the Southern California

_ board at the same time "asserts

a fundamental principle of hu-

man liberty-the right to privacy

in sexual relations between con-

sulting adults conducted without

force or violence. We believe

that this is an area of human

conduct so intimately related to

the conscience, freedom and dig-

nity of the individual as to re-

quire constitutional protection

from the coercive and punitive (c)

power of the state."

Actions Not Protected

Sexual relations involving

rape, coercion, fraud, assault,

prostitution or the corruption of

minors are not protected by the

right to privacy, according to the

statement.

The Southern California

`Michael May,

"The .

Won't Wait for

Security Action

The Lawrence Radiation Lab-

oratory in Livermore last month

terminated the employment of a

"mathematical programmer" be-

- eause the Atomic Energy Com-

mission has not yet acted on an

application for a so-called "Q"

clearance. The notice to the em-

ployee declared that "Six months

have now passed from the date

your security papers were sub-

mitted for a clearance and we

feel the Laboratory can no long-

er justify additional delays in

utilizing you as a Mathematical

Programmer. Regretfully, we

must inform you that unless your

`Q' clearance is granted by Fri-

day, February 25, 1966, your em-

ployment at the Laboratory will

be terminated."

No Reflection on Ability

The notice went on to say that

termination of employment did

not "reflect in any way on what

we believe to be your ability to

perform the job for which you

were hired, nor is it to be con-

strued as some type of disciplin-

ary action.

"We will be happy to assist

you in seeking other employment

or to help you in any way we

can."

ACLU Protest

The ACLU protested to Dr.

Director of the

Lawrence Radiation Laboratory,

that the action of his Personnel

Department defeated the A.E.C.'s

security program. An application

for clearance is made after an

employee is hired and the em-

ployee has no control over the

processing of his application.

The Government's regulations

contemplate that there will be

eases in which charges and hear-

ings become necessary. If the

employer won't wait for the Gov-

ernment to act then the regula-

tions are meaningless. Problems

are resolved then not under the

regulations but by termination of

employment.

Morale Problem

Since old employees are sub-

ject to the same regulations and

may have their clegrances sus-

pended, their security problems

may conceivably also be resolved

by termination of employment

`rather than the procedures es-

tablished by the regulations.

Certainly, such a. cruel policy

would be destructive to the mo-

rale of employees.

It is noteworthy that the regu-

lations declare, "It is the policy

of the Atomic Energy Commis- |

sion to carry out its responsibil-_

ity for the security of the atomic

energy program in a manner

consistent with traditional Amer-

ican concepts of justice. To this

end, the Commission has estab-

lished criteria for determining

eligibility for access authoriza-

tion and will afford those indi-

viduals . . . the opportunity for

administrative: review of ques-

tions concerning their eligibility

for access authorization." The

regulations also provide that "In

the event the individual is no

longer an applicant for access

authorization or no longer re-

quires access authorization the

procedures in this part' shall be

terminated without a final de-

termination as to his eligibility

for access authorization." Amer-

ican concepts of justice are not

served by denying administra-

tive review of security problems

through termination of employ-

ment.

board's statement would result

in legalizing homosexual rela-

tions between consenting adults

in private, a proposal that is

securing support in the British

Parliament and elsewhere. While

many civil libertarians as indi-

viduals are sympathetic with

such a change in our laws it is

unusual and confusing to have

it espoused on grounds of civil

liberties.

stice"

"Operation Southern Ju

The American Civil Liberties Union last month hailed

as a major civil rights victory the decision of a three-judge

federal court in Montgomery, Alabama, outlawing race dis-

crimination in the selection of jurors in Lowndes County

and holding that Alabama's law excluding women from jury

service is unconstitutional as of

June 1, 1967.

_ The decision opens the door to

"further democratization of jury

service in the South," the civil

liberties group said.

-ACLU Test. Case a

The case (White v. Crook), de-

cided on February 7 by the

three-man court, was brought by.

the ACLU as part of its over-all

campaign, "Operation Southern

Justice," to end all forms of seg-

regated justice. The suit was

filed. last fall after two white

men. accused of slaying civil

rights workers were. acquitted by

all-white, all-male juries in Hay-

neville, the seat of Lowndes

County. Collie Leroy Wilkins,

Jr., was acquitted of the charge

of murder in the killing of Mrs.

Viola Gregg Liuzzo, a Detroit

civil rights worker, and Thomas

Coleman won an acquittal in the

slaying of Jonathan Daniels, an

Episcopal minister from New

Hampshire.

Applauding the court's action,

John.de J. Pemberton, Jr., the

ACLU's executive director, said

that the decision "brings one

step closer the realization of the

promise of a fair trial to every

citizen, which the United States

Constitution guarantees."

... Exclusion of Women

The civil liberties official par-

ticularly lauded the federal

court's decision prohibiting the

exclusion. of women from Ala-

bama juries as the first absolute

ban on such practices at the state

level. Besides Alabama, South

Carolina and Mississippi flatly

bar women jurors. In its argu-

ment in the White case, the Un-

ton asked the three-judge court

whether the equal protection

guaranteed by the Fourteenth

Amendment applies to Negroes

and to women as citizens in a

democratic society. "The court

has answered with a clear

affirmation of this constitution-

al guarantee,' Pemberton com-

mented. :

Jury Commissioners' Duties

"The Civil Liberties Union is

especially pleased," Pemberton

declared, "with many of the pro-

cedures outlined by the court to

implement non-discrimination in

Lowndes County jury selection."

The impact of the relief granted

by the court is aimed at the re-

sponsibilities charged to jury

commissioners, the ACLU

spokesman said, pointing to the

three-judge ruling which re.

quires the jury commissioners

The first right of a citizen

Is the right

To be responsible

AMERICAN CIVIL

now to maintain a complete list

of prospective jurors, Negro and

white, and pass on their qualifi-

cations. The commissioner must

also keep a complete record of

rejected jurors, stating the rea-

sons for rejection, including their

race, ce

No True Proportion

The ACLU noted, however,

that "the nature of the list sys-

tem of jury selection `demon-

strates that the sources the fed-

eral court ordered the jury com-

missioners to use still do not

contain the names of the pro-

spective jurors:in roughly the

proportion of Negroes and

`whites in the population. The

decision points up the need for

federal legislation so that ran-

dom sample techniques may be

utilized to obtain a true sectio

of the population." .

: `Nine Other Suits

Emphasizing that the court or-

dered ban on segregated juries

in Lowndes: County was a class

action, the ACLU. said that it

hopes the ruling `will influence

the outcome of the nine other

class action suits which the Un-

jon is supporting in nine other

Alabama counties on the issue of

discrimination in.the administra-

tion of justice." ~

Unique :

Contribution

To ACLUNC.

Gerald Kresy, a Marin member

of ACLUNC, makes a practice of

endorsing his checks for jury

service to ACLUNC. He enthu-

siastically recommends this as a

painless method of contributing

to the cause of civil liberties and

urges everyone to do likewise.

In his letter enclosing his sec-

ond jury service check Kresy.

said: "You can say to your mem- |

bership, `When you get a check

for doing what you must, when

you get paid for jury duty, don't

cash that check. You can't get

enough pay for your time, so en-

dorse it over to us. We'll use

that money in a way that in-

creases its value many times

over.'" :

This is an excellent idea, and

we urge members to follow Mr.

Kresy's example and contribute

their jury service checks to

ACLUNC and let us put it to

work defending the civil liber-

ties of all.

JOIN TODAY

151

LIBERTIES UNION

OF NORTHERN CALIFORNIA.

Patron Membership. =... ws "etc esse sb cee esos sh 100

-oustaining Membership ... .. 4... .5... as

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