Open forum, vol. 33, no. 9 (September, 1956)

VOL. XXXIIE

LOS ANGELES, CALIF., SEPTEMBER, 1956

ANIMATED discussion among ACLU counsel A. L. Wirin, left, Donald Weiss, cenier, former

L.A. school teacher, and Attorney Ralph J. Gef fen, volunteer counsel, follows decision to ap-

peal ruling upholding Weiss' dismissal by the Board of Education.

_ Judge Sustains Firing of

Teacher; Appeal Planned |

Donald Walks, former Los An-

geles school teacher, has a con-

stitutional. right to invoke the

5th Amendment, and the Board

of Education has the same right

to fire him if he does, Superior

Judge Joseph W. Vickers ruled

last month.

Upholding the Board's dismis-

sal of Weiss last January,

Judge Vickers said that the leg-

islature, in enacting the Dil-

worth Act, and the Board of

Education, in enforcing it, es-

tablished that no one who re-

fuses to answer pertinent ques-

tions has a constitutional right

to continue as a school teacher.

Weiss, who taught at Steven-

New Security Rules

A radically revised security

questionnaire, eliminating guilt

by association and guilt Dy kin-

ship provisions, has been drafted

by the Defense Dept.

The new personnel question-

naire was sent to military com-

mands last .month and will be

used by recruits and draftees

beginning Nov. 1, it was announ-

ced last month.

son Junior High School, told

the Board he did not advocate

overthrow of the government by

force and was a signer of loyal-

ty oaths in 1950 and 1955. He

invoked the 5th Amendment

when asked if he was ever a

member of the Communist Par-

ty.

ACLU Counsel A .L. Wirin

and co-counsel Ralph J. Geffen

of Norwalk said Judge Vickers'

decision would be appealed. Wir-

in had argued that the recent

Supreme Court decision in the

Slochower case, which held that

dismissal solely for invoking the

5th Amendment was invalid, ap-

plied in the Weiss case.

Geffen told the court that

there can: be no "sinister in-

ference" or suggestion of guilt

drawn from the fact that Weiss

exercised the privilege of the

5th Amendment.

Judge Vickers also held that

the signing of previous oaths by

Weiss was not sufficient to an-

swer the questions concerning

possible Communist Party mem-

bership. The. school authorities

are justified in questioning

Radio Station Bans Minister

Court action

station KGFJ

against radio

will be taken

this month by the Southern

California branches of ACLU

and the NAACP in a joint fight

against the banning of the Rev.

Maurice A. Dawkins from the

airwaves.

Rev. Dawkins, who is pastor

of People's Independent Church

of Christ and also chairman of

the executive board of the lo-

cal NAACP, was allegedly de-

nied air-time for his regular

Sunday morning broadcast on

July 29. His sermon dealt with

the Negro people's struggle

for civil rights and called for

Passive resistance against seg-

regation.

Rev. Dawkins was advised

last April that he would not be

permitted to discuss "controver-

sial' subjects, which included

the Montgomery, Ala., boycott,

the attempts of Autherine Lucy

to enter the University of Ala-

bama, and other aspects of the

Negro fight for equality.

Since May 27 the sponsors of

the pastor's program, Conner-

Johnson Co., morticians, have

been required to renew their

contract with the station on a

week-to-week basis. Rev. Daw-

kins has broadcast his weekly

sermon over KGFJ for more

than a year.

Attorneys Loren Miller and

George Vaughn, Jr., for the

NAACP, and A. L. Wirin and

Marshall Ross for the ACLU,

said they will challenge the ban

under the First and 14th

Amendments, charging arbi-

trary censorship, denial of free-

dom of speech, and breach of

contract between the sponsors

and the radio station.

teachers who signed the oath

to determine whether there has

been a change of status and

whether they were signed origi-

nally in complete honesty, he

said.

The case is sponsored by the

Southern California ACLU.

Warden Duffy Views

`High Cost of Living'

Clinton T. Duffy, former

warden of San Quentin pri-

son, said he has always been

against capital punishment

because "seldom is a person

of means executed."

If a defendant has a com-

petent attorney he "usually

receives a conviction in a les-

ser degree," the~- ex-warden

Said.

Duffy spoke before the 86th

congress of the American

Correctional Association,

meeting last month in Los

Angeles.

Court Scores Role

of Paid Witnesses

A scathing denunciation of

guilt by association and the un-

reliability of government wit-

nesses highlighted a U.S. Dis-

trict Court decision last month

which blocked government at-

tempts to cancel the citizenship

of Mrs. Rose Chernin Kusnitz,

a naturalized citizen for 24

years.

District Judge Harry C. West-

over, in a ruling hailed by AC-

LU lawyers as a-major. step in

strengthening . naturalization

law, held that the government's

case was based primarily upon

the philosophy of guilt by as-

sociation which `may be accept-

ed `by. some investigative groups

... (but) has never been rec-

ognized as a principle of law."

The government sought to

eancel the citizenship of Mrs.

Kusnitz on grounds that she

was not attached to the princi-

ples of the U.S. Constitution

when she took the oath of al-

legiance in 1929.

Communist Leader

Mrs. Kusnitz, who is execu-

tive secretary of the Los An-

geles Committee for the Pro-

tection of the Foreign Born,

was one of the 14 California

Communist leaders .convicted

under the Smith Act in 1952.

ACLU Counsel A. - L-Wirin,

appearing as a friend of the

court in behalf of the Southern

California ACLU, had argued

on both the validity of the guilt

by association concept and the

reliability of government wit-

nesses emphasized by Judge

Westover in his decision. Attor-

ney John W. Porter represented

the defendant.

Tedious Task

The government started upon

a "long and tedious task" of

establishing the defendant's

state of mind 24 years ago when

it filed its complaint against

Mrs. Kusnitz, Judge Westover

said. :

Referring to the government's

reliance on the testimony of

four ex-Communists, the jurist

noted. that `innocent misrecol-

lection, like failure of recollec-

tion, is not an ur'common exper-

jence;.and this certainly is true

after the passage of nearly a

quarter of a century."

Unreliable

Judge Westover said he was

"dissatisfied with the testimony

of the witnesses in this case."

He described one of the witnes-

ses-Maurice Malkin, who has

testified in nearly 50 govern-

ment proceedings-as "`evasive

and uncertain,' and said that

"not too much reliance can be

accorded to his testimony."

Drawing an important distinc-

tion between mere association

and- overt action, Judge West-

over said, "The only thing the

Government. has been able to -

establish in this case is that the

defendant was seen in the com--

pany of Communists and assoc-

iated with them; was a member

of the Communist Party or

Communist organizations : prior -

to naturalization and attended

some of the Communist meet-_

ings. y

"There is no evidence of any

violence as far as defendant is

concerned, nor of any speech

made by her, nor any agitation

to which she was a party."

Evidence Lacking -

The record is "barren of any

conduct or statement' which -

would indicate that Mrs. Kus-

nitz was not attached to the

principles of the Constitution -

when she was naturalized; the

decision said. =

Citing the requirement laid -

down by the U: S. Supreme -

Court in Schneiderman vy. U.S.

-that evidence must be clear,

unequivocal and convincing-_~

Judge Westover said: `"Certain-_

ly before one is deprived of cit-

izenship the evidence should a

more conclusive than TE is'

the present case.'

Book-Burning

Film Opens

Local Run ~

"Storm Center,' one of the

strongest films concerned with

a civil liberties issue to appear

on the screen in a decade, will

be shown in Los Angeles begin-

ning September 26 at the Four

Star Theatre.

The film, which was ; applaud

ed by ACLU members at a spe-

cial showing for community

leaders last month, deals in un--

equivocal terms with the issue

of book-burning and censorship.

The screen play, written by

Daniel Taradash, reveals the

high price paid by individuals

and the community when the

town librarian, portrayed by

Bette Davis, is ordered to re- -

move a book on Communism

from the library.

The librarian is fired from

her job, a young boy becomes

sadly disillusioned, and an am-

bitious city councilman at-

tempts to exploit the issue for -

his political advantage.

The film aroused a controver= __

sy of its own when the Ca-

tholic Legion of Decency ban-

ned the picture on grounds that

it "offers a warped, oversim- -

plified and strongly emotional -

solution to the complex prob--

lem of. civil liberties in Aes

ican life."'

CONTEMPT CASE

Branch Flays Yates

Punishment through the use

of contempt of court power

should be employed sparingly-

as a means of serving justice-

lest it be converted into an in-

strument of terror and oppres-

sion, the Southern California

ACLU said last week in an am-

icus curiae brief submitted to

the U. S. Supreme Court.

The brief was prepared by

ACLU counsel A. L. Wirin and

Hugh R. Manes in_ behalf" of

Mrs. Oleta O'Connor Yates, who

was convicted of contempt of

court for refusing to identify

members and officers of the

Communist Party, during the

Smith Act trial of California

Communist leaders in 1952.

The lower court's exercise of

its contempt power was `"un-

reasonable and unnecessary and

constituted, therefore, an abuse

of its discretion,' the brief em-

phasized.

Cruel Blow

"The contempt power is not

at the beck and call of whim;

for in the hands of the most en-

lightened court, its blow, at

best, is cruel and severe.

"The punishing power of sum-

mary contempt, then, should be

regarded as a bridge to justice,

not as.a sword to retribution,"

the ACLU said.

Identity Clear

At no time during the trial of

the 14 California - Communist

leaders was their identification

as members and officers of the

Communist Party disputed or

contradicted by the defendants

or their counsel, the brief point-

ed out.

Sentence

Therefore, Mrs. Yates' silence

caused no delay in the proceed-

ings, did not thwart the prose=

cution and caused no obstruc- -

tion of justice, the brief added. -

Vindication

Federal Judge William R.

Mathes, the trial court judge

who imposed the contempt sen-

tence, misconceived the purpose

and scope of his powers as a

means of vindicating judicia

authority, -

accept this view would be to re-

gard the contempt power as a

device to "crush the spirit and i

beliefs of a witness." :

"A martyr's crown for the

victim; and a portentous pre- -

cedent for the next generation" -

are the only results to be gai

ed from punishment of the de-

fendant, the brief concluded.

study ways of

The Open Forum ot the AMERICAN CIV LIBERTIES UNION

Southern California Branch

STAFF

EASON MONROE A. (L. WIRIN HANNAH SHIELDS

Executive Director Counsel Editor

a BOARD OF DIRECTORS

ROBERT S. VOGEL LEO BAGGERLY J. B. THETZ

President

ARIS ANAGNOS

HUGH H. ANDERSON

RALPH ATKINSON

HARRY BRAVERMAN

ELISEO CARRILLO

- ARTHUR CARSTENS

PROF. JOHN CAUGHEY

ROBERT CLARK

REV. FRANK CRANE

PROF. GEORGE M. DAY

MERVIN HARRIS

~HALLOCK HOFFMAN

PAUL JACOBS

MASAMORI KOJIMA

CHARLES MACKINTOSH

ERNEST C. LIGHTNER

Vice-President

Sec'y Treasurer

J. W. MACNAIR

ROBERT MORRIS

FRED OKRAND

SENIEL OSTROW

ROBERT PETTENGILL

GIFFORD PHILLIPS

ABE PLOTKIN

RICHARD RICHARDS

WILSON RILES

FRANK SHERWOOD

MRS. FOSTER SHERWOOD

MRS. RALPH SMITH

CORNELIUS STEELINK

PHILIP WAIN

CLORE WARNE

ELIZABETH A. WOOD

DR. WM. LINDSAY YOUNG

ADVISORY COUNCIL

JEROME W. MACNAIR, Chairman

BISHOP JAMES C. BAKER

HELEN M. BEARDSLEY

DR. REMSEN D. BIRD

DR. JAMES A. BLAISDELL

WILLIAM C. CARR

EDMUND W. COOKE

DR. W. HENRY COOKE

DR. EARL CRANSTON

HON. JOHN ANSON FORD

DR. LOWELL FROST

REV. ALLAN HUNTER

LOREN MILLER

ISAAC PACHT :

DR. EMERY I. ROBINSON

REY. EDWIN P. RYLAND

DORE SCHARY

GALE SEAMAN

DR. JOHN SOMERVILLE

GEORGE THOMAS

DR. GEORGE A. WARMER

Published Monthly at 2865 W. Ninth St., Los Angeles 6

Phone DUnkirk 5-6234

Subscription by membership only ai $2, $5, $10, $25, and up.

Entered as second-class matter April 24, 1946, at the post office at

Los Angeles, California, under the Act of March 3, 1879.

| Chapter Parley to

a

_ Analyze Progress

Plans for the fall and evalua-

tion of chapter progress will be

charted at a meeting of the

Chapter Council this Saturday

afternoon, Sept. 15, from 1:30

to 5 p.m. at branch headquar-

ters, 2865-A W. Ninth St.

Rev. Douglas Frazier, Council

chairman, will preside at the

session. All delegates from

chapters and area groups are

urged to attend.

WEST SAN GABRIEL

VALLEY

" Robert S. Vogel, branch

chairman, will address the

Sept. 25 meeting of the West

san Gabriel Valley area group

ci on "ACLU Views the Issues of

the Day." The Tuesday evening

meeting will begin at 8 p.m. at

the home of Mr. and Mrs. Jer-

ry Binkerd, 213 N. Stoneman,

Alhambra. -

WILSHIRE

Representatives of both ma-

jor parties will discuss civil

rights issues at a meeting of

the Wilshire Chapter set for 8

p.m. Wednesday, Sept. 19, at

the First Universalist Church.

SAN FERNANDO VALLEY

Fred Case, associate profes-

sor of real estate and urban

Jand economics at UCLA, will

Speak at a meeting of the San

Fernando Valley Chapter, Wed-

nesday, Sept. 19 at 8:30 p.m.

His subject will be: `Housing

Problems Faced by Minority

Groups' in the Los Angeles

Area."

The meeting will be held at

the home of Eugene Van Dask,

6850 Tampa, in Reseda.

BURBANK-GLENDALE

Early history of the Southern

California ACLU will be de-

scribed by Dr. Clinton Taft,

first branch executive director,

at a meeting of the Burbank-

Glendale area group, Tuesday,

Sept. 18, at 8 p.m. at the home

of Alice Shoemaker, 3629 Glen-

wood Ave., Glendale.

WHITTIER

Whittier Chapter members

will honor all new' members

and Dr. Eason Monroe, branch

executive director, at a tea

scheduled for Sunday after-

noon, Sept. 30, in the home of

Mrs. Kathryn Ellis, 8819 S. Col-

ima, Whittier.

COPY DEADLINE

Copy deadline for the next

issue of Open Forum will be

October 3. All notices of

meetings and chapter activi-

ties should be received at the

branch office by that date.

-Kd.

THE TURNING TIDE

An amendment to the United

States Code, approved by the

Senate, imposes fines, imprison-

ment, or both for persons con-

victed of recording, listening to,

or observing the proceedings of

`juries while they are deliberat-

ing or voting. The bill, which

had ACLU support, resulted

from the disclosure that tape

recordings were made of six

jury deliberations last year as.

part of a research project to

improving the

jury system.

Robert E. Kintner, president

of the American Broadcasting

Company, has cautioned the ra-

dio-television industry against

bowing to the whims of pres-

sure groups indiscriminately.

"To meet the demands of a ma-

ture America, he said, "we must

deal with the world as it is, in

a mature way... I cannot be-

lieve `that these great media

must gear themselves down-

ward so that we only hear and

see what might be fitting for a

six-to-eight-year-old child to

hear and see."

The Sunbeam Corporation of

Chicago has agreed to discon-

tinue use of lie detector tests

of employes, a practice institut-

ed to discourage thefts. It also

restored to his former position

a worker who had refused to

sign a form agreeing to submit

to such tests.

Civil R

OPEN FORUM _

Republican

The Republican Party points

to an impressive record of ac-

complishment in the field of civil

rights and commits itself anew

to advancing the rights of all

our people regardless of race,

creed, color or national origin.

In the area of exclusive Fed-

eral jurisdictioh, more progress

has been made in this field un-

der the present Republican ad-

ministration than in any similar

period in the last 80 years.

The many Negroes who have

been appointed to high public

positions have played a signifi-

cant part in the progress of

this administration.

Segregation has been ended in

the District of Columbia govern-

ment and in the District public

facilities, including public

schools, restaurants, theaters

and playgrounds. The Eisenhow-

er administration has eliminat-

ed discrimination in all Federal

employment. cent

Great progress has been

made in eliminating employ-

ment discrimination on the

part of those who do business

with the Federal government

and secure Federal contracts.

This administration has impar-

tially enforced Federal civil

rights statutes, and we pledge

that it will continue to do so.

We support the enactment of

the civil rights program al-

ready presented by the Presi-

dent to the second session of

the 84th Congress.

The regulatory agencies un-

der this administration have

moved vigorously to end discri-

mination in interstate com-

merce. Segregation in the active

armed forces of the United

States has ben ended. For the

first time in our history, there

is ne segregation in. veterans

hospitals and "among civilians

on naval bases. This is an im-

pressive record. We pledge our-

selves to continued progress in

this field.

The Republican Party has un-

equivocally recognized that the

supreme law of the land is em-

bodied in the Constitution,

which guarantees to all people

the blessings of liberty, due pro-

cess and equal protection of the

laws. It confers upon all na-

tive-born and naturalized citiz-

ens not only citizenship in the,

State where the individual re-

sides, but citizenship of the

United States as well. This `is

an unqualified right, regardless

of race, creed or color.

The Republican WFarty ~ac-

cepts the decision of the U.S.

Supreme Court that racial

discrimination in publicly sup-

ported schools must be pro-

gressively eliminated. We con-

cur in the conclusion of the

Supreme Court that its deci-

California Demos

Rap Loyalty Oaths

A civil liberties plank that

calls for the end of state loy-

alty oaths and a civil rights

-plank noticeably stronger than

that adopted at their national

convention were endorsed last

week by the California Demo-

cratic state central commitee.

In the field of civil liberties,

the state committee reaffirmed

its belief that `our country's

greatest security is the freely

given loyalty of its citizens. We

are convinced that respect for

constitutional safeguards of the

people's liberties: are insepara-

able from true security and

true. loyalty."

"We oppose ill-conceived loy-

alty oaths and the penalizing of

citizens for the exercise of their

constitutional rights. Legisla-

tion requiring a loyalty oath as

a condition of tax exemption

should be repealed."

sion directing school desegre-

gation should be accomplish-

ed with "all deliberate speed"

locally through Federal dis-

trict courts. The implementa-

tion order of the Supreme

Court recognized the complex

and acutely emotional prob-

lems created by its decision in

certain Sections of our coun-

try, where racial patterns

have been developed in ac-

cordance with prior and long-

standing decisions of the same

tribunal.

We believe that true progress

can be attained through intelli-

gent study, understanding, edu-

cation and goodwill. Use of force

or violence by any group or

agency will tend only to worsen

the many problems inherent in

the situation. This progress must

be encouraged and the work of

the courts supported in every

legal manner by all branches of

the Federal government to the

end that the constitutional ideal

of equality before the law, re-

gardless of race, creed or color

will be steadily achieved.

Democratic

The Democratic Party is com-

mitted to support and advance

the individual rights and liber-

ties of all Americans. Our coun-

try is founded on the proposi-

tion that all men are created

equal. This means that all citi-

zens are equal before the law

and should enjoy all political

rights. They should have equal

opportunities for education, for

economic advancement and for

decent living conditions.

We will continue our efforts

to eradicate discrimination

based on race, religion or na-

tional origin. We know _ this

task requires action, not just

in one section of the nation

but in all sections. It requires

the co-operative efforts of in-

dividual citizens and action by

the foilowing offices:

WE. 4-4100.

Molsun, CL. 7-2111.

AN. 3-3779.

Conrad, BR. 0-4534,

Mark Bryant, HE. 9-4970.

Barr, OX. 3-2447.

9-9973,

Horn, EL. 8-1422.

ton, AT. 9-2643.

Crane, RI. 77-0649.

Branch Area Directory

ACLU members in Southern California may inquire

about chapter and area group activities by phoning

Hollywood (postal zones 26, 27, 28, 29, 38, 39, 46);

Frimma Seidman, NO. 2-965.

Wilshire (4, 5, 6, 15, 17, 19, 36): Annette Cimring,

Northeast Los Angeles (31, 32, 41, 42, 65): Peter.

East Los Angeles (22, 23, 33, 63): Eliseo Carrillo,

Westwood-Beverly Hills (24, 25, 35, 48, 64): Jerry

Santa Monica (Pacific Palisades, Venice, Ocean

Park, L. A. zone 49); Aris Anagnos, GL. 4-2863.

Pasadena (Altadena, South Pasadena,

rino): Les Baird, PY. 1-2075.

Inglewood, Westchester (Hawthorne, L. A. zones 44,

45, 47): Jean Allgeyer, OR. 2-2711.

Long Beach, San Pedro, Lakewood, Wilmington:

j Whittier (Montebello, Downey, Rivera, Norwalk,

Pico, Los Nietos, Santa Fe Springs, La Mirada): Ann

Santa Barbara: Louise MacLeod, Goodland 4406.

Culver City (16, 34, 56, 66): James Campbell, WE.

Foothill: (Arcadia, Azusa, Baldwin Park, Covina,

Duarte, El Monte, Glendora,

Puente, Rosemead, Sierra Madre, Temple City): Sally

West San Gabriel Valley (Alhambra,

Park, San Gabriel, South San Gabrie!): Kathryn Wal-

Beaches-Torrance, El Segundo, Gardena, Hermosa

Beach, Manhattan Beach, Palos Verdes Estates, Redon-

do Beach: Alice Hammond, FA. 8-1445.

San Fernando Valley: Sheila Manes, PO. 2-0831.

University of Southern California:

Burbank-Glendale: Don Pinkerton, TH. 6-0363,

Orange County: Henrietta Hanna, HY. 4-5909.

San Bernardino-Riverside: Freda Leuin, 42-4138.

San Diego County: Emily Morse, HO. 6-3869.

Ventura County: Gerry Maloney, HU. 3-3065.

Santa Barbara: Florence Hyde, WO. 9-8673.

vil Rights Platforms of

-Republicans and Democrats

State and local governments,

It also requires Federal ac-

tion. The Federal government

must live up to the ideals of

the Declaration of Independ-

ence and must exercise the

powers vested in it by the

Constitution.

We are proud of the record of

the Democratic Party in secur.

ing equality of treatment and

opportunity in the nation's arm-

ed forces, the Civil Service and

in all areas under Federal juris-

diction. The Democratic Party

pledges itself to continue its ef.

forts to eliminate illegal discri-

minations of all kinds, in rela-

tion to (1) full rights to vote,

(2) full rights to engage in gain-

ful occupations, (3) full rights

to enjoy security of the person

and (4) full rights to education

in all publicly supported institu-

tions.

Recent decisions of the Su-

preme Court of the United

States relating to segregation

in publicly supported schools

and elsewhere have brought

consequences of vast import to

our nation as a whole and es-

pecially to.communities direct-

ly affected. We reject all pro-

posals for the use of force to

interfere with the orderly

`determination of these mat-

ters by the courts.

The Democratic Party empha-

tically reaffirms its support of

the historic principle that ours

is a government of laws and

not men; it recognizes the Su-

preme Court of the United Stat-

es as one of the three constitu-

tional and co-ordinate branches

of the Federal government, su-

perior to and separate from any

political party, the decisions of

`which are part of the law, of, the

land. We. condemn the efforts

of the Republican Party to make.

it appear that this tribunal is

a part of the Republican Party.

San Ma-

Irwindale, Monrovia,

Monterey

Rev. Frank

SST RR RRO TR ART

___ SEPTEMBER, 1956

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Immigration

Changes Predicted _

' Although recent developments

in the field of immigration law

have been. disappointing, the

prospects are "excellent" for

eliminating many of the discrim-

inatory features of the McCar-

ran-Walter Act, according to

Edward J. Ennis, general coun-

sel of the national ACLU.

Ennis, who is also chairman

of the American Immigra-

tion Conference and Washing-

ton, D.C. counsel of the Japan-

ese American Citizens League,

told a lawyers luncheon last

week that Congressman Francis

Walter (D., Pa.), has made it

known he will introduce many

amendments, previously approv-

ed by the Senate, to remove

discriminatory clauses from the

1952 immigration and national-

ity act which he co-authored.

"Walter's influence in the

field of immigration law is so

great that his support of any

measure insures its enactment,"

Ennis told the Juncheon meeting.

a Court Decision

On the negative side of the

immigration picture, Ennis cited

the recent U.S. Supreme Court

decision in the Jay case, which

denied an alien's right to know

the evidence against him when

the court refused to suspend a

deportation order.

The denial of civil and human

rights is also prevalent in the

administration of the immigra-

Dixie Poses

Tricky Query

Failure to answer the ques-

tion, "How many bubbles are

there in a bar of soap?"

`caused a Negro to be barred

from voting in Mississippi, it

was charged last month by

Roy Wilkins, executive secre-

tary of the National Associ-

ation for the Advancement of

Colored People.

Mississippi Governor J. P.

Coleman denounced the char-

ges as "unfounded and base-

less" and denied the incident

ever took place. Wilkins had

cited names and places in sup-

porting his accusation during

a platform committee meeting

at the Democratic Convention.

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law.

tion laws, especially in regard

to the return of Mexican na-

tionals from the United States,

Ennis said. Disregard for their

individual rights and inadequate

food, transportation and Ssanita-

tion mark the shipment of Mex-

ican laborers across the border,

he stated.

The luncheon meeting was

sponsored by the legal commit-

tes of ACLU, CSO, Japanese

American Citizens League and

the National Association for

the Advancement of Colored

People.

Press Freedom

Hampered by

Passport Ban

Refusal of the State Depart-

ment to validate the passports

of American reporters invited

to visit Communist China con-

stitutes government interfer-

ence with the function of a free

press,

last week.

"The people of the United

States need on-the-scene infor-

mation about Communist China

in order that an informed and

intelligent public opinion can be

formed on important foreign

policy, issues," `the ACLU said

in a letter to Secretary of

State Dulles.

"We are aware that delicate

questions concerning our __for-

eign relations, particularly our

non-recognition of the Chinese

Communist government, comp;

licate the situation, and we are

not unmindful of the Americans .

who are still imprisoned by the

Peiping regime," the Union said.

"But we suggest that there

are equally compelling reasons

why our. government should

place no obstacles in the way

of those reporters who. desire

to visit China. As a democratic

government which proclaims

the virtues of our free society,

we should uphold the fundamen-

tal right of individuals to move

from one place to another, free

of government interference."

U.S. Press Goes Along with Gag

(R) Following is the full text of an editorial which

appeared September 1 in Editor and Publisher, weekly

trade journal of newspaper. publishers and advertisers.

It is unfortunate and disappointing that prominent

Spokesmen for American journalism, have dropped their

protests against the State Department's ban on sending

reporters into Red China simply because President Eisen-

hower expressed his "full concurrence in the policy state-

ment." It is apparently the feeling of these journalists

that they do not want to dispute the judgment of the Presi-

dent of the United States.

It is our feeling that if the principle involved was

worth arguing before it is still worth fighting for regard-

less of the President's position. His pronouncement might

Solidify the State Department's policy and make it impos-

Sible to alter, but it does not make that policy automa-

tically correct, nor does it prevent American newspaper-

men from criticizing it or espousing a different policy

which they believe to be the correct one.

. The United States has already lost the propaganda

initiative in the Far East over its refusal to permit news-

men to accept Red China's invitation. Advices from an

Australian correspondent who was in China at the time

reveal Chinese newspapers are criticizing the U. S. for

preventing the free flow of information.

But the real point at issue is whether U. S. news-

Papermen should be the pawns of our government's for-

eign policy or should they follow historical precedents to

Search out the news wherever it is available and wherever

they want. They are now in the unhappy and dangerous

position of being a bargaining factor in our government's

relations with Red China. The government has said: "This

news source is closed to you because we don't approve

of it."

We think this warrants the protest, not the concur-

rence, of all U. S. newspapermen.

oN

the national ACLU said u

--AAnrt oma anetremeanatennt naa te cent eR RI ISTP IZ RNID LE AOE a i onus

OPEN FORUM

Labor's F

The organized labor move-

ment today is a familiar and ac-

cepted part of the American eco-

nomic scene.

Its `representatives command

the confidence of industry and

government. Labor and manage-

ment now negotiate harmonious-

ly at the conference table in an

atmosphere of mutual respect.

They also unite for community

and civic betterment.

But the picture wasn't always

quite as idyllic or peaceful.

When labor undertook the job

of organizing the millions of un-

organized in the 1930's, some

segments of industry counter-

attacked, using intimidation to

halt the unions' efforts.

Abe Gorenfeld, then an im-

pressionable teen-ager who lived

in the southeastern part of Los

Angeles, on the edge of the

city's industrial area, witnessed

some of the struggles that ac-

companied labor's organizing

drives. He recalls vividly the as-

saults on strikers and union or-

ganizers.

And what he saw not only left

an indelible impression, but

planted the seeds of an idea a-

bout a career and life-work.

Five-Year Stint

Today kis youthful enthusi-

asm and zeal for the trade un-

ion movement have been but-

tressed by years of study and

first-hand experience. To his

practice of labor law he can

bring another dimension which

few of his colleagues can point

to: five years as a worker in

auto and tire plants.

Gorenfeld went to work in the

shops following ;World War II,

to find out for himself about

the attitudes and problems of

the rank-and-file membership.

From 1946 to 1951, he made

autos and tires-and, more im-

portantly, he made the observa-

tions that have proved invalu-

able to him today as a labor

and civil liberties lawyer.

New Outlook

No longer awe-struck and

completely uncritical of labor's

position, he is- critical of the

trade union' movement's faults

and weaknesses, though he

makes it clear: "the criticism is

that of an old friend," who once

punched a time clock in the

plant.

`Tf labor is going to fight for

democracy and be the champion

of minority rights-and poten-

tially it can be the greatest

champion of the rights of min-

orities-it must not be guilty of

undemocratic practices," he

said.

Vatican Denounces

Negro Segregation

The Vatican newspaper Ob-

servatore Romano last week

denounced discrimination

against Negroes in the United

States as a "sin against the na-

ture of Christianity."

The unofficial newspaper, bas-

ing its editorial criticism on dis-

turbances over the school inte-

eration issue_in Tennessee and

Kentucky, called racial discrim-

ination a "historical paradox

which mortifies"' the United

States.

The editorial was tempered

with praise for the United Stat-

es as a nation in its stand

against oppression.

But it described race conflicts

as a "contradiction which denies

its (the United Sates') genius."

It was the bluntest denuncia-

tion by the paper on the issue

since last October when it cas-

tigated the congregation of the

St, Cecilia Mission in Jesuit

Bend, La., for preventing a Ne--

gro priest from saying mass.

ek

riendly Critic |

"Speaks from Experience

-Open Forum Phote

ATTY. ABE GORENFELD . . . new times, new tasks.

To remedy this unwholesome

situation, he proposes that

unions open their doors to all

qualified applicants, regardless

or racial, religious or political

affiliation.

"Nobody should be excluded

because `the books are full.' If

the unions want. the right to

bargain for everybody, they

must admit into membership

everybody who wants to join,"

Gorenfeld declared.

With the merger of the AFL

and CIO (combined member-

ship: 16,000,000) and_ other

amalgamations on the horizon,

labor today enjoys tremendous

power, he pointed out, but ad-

ded quickly "it also has tremen-

dous responsibility."

And unless it discharges that

responsibilty in democratic fash-

ion, he said, there will be a

constant clamor for restrictive

legislation of the Taft-Hartley

variety and right-to-work move-

ments will find the atmosphere

in which to: flourish.

Local Product

A native of Leavenworth,

Kansas, but a product of South-

land educational institutions,

Gorenfeld graduated from UC-

LA with his B.A. and from USC

Law School with his L.L.D.

Now 41 years old, he recently

started to steal time away from

his family-his wife, Clara;

son, William, 14; and daughter,

Judith, 10-to return to the ac-

ademic cloisters and complete

his master's thesis. The subject,

to no one's surprise, is ""Democ-

racy in the Trade Union Move-

ment."

Gorenfeld is not a new con-

vert to ACLU's battery of civil

liberties lawyers. As a research

secretary of the Appellate De-

partment of the Superior Court

in 1939, he heard ACLU lawe

yers argue many cases and was

impressed with the soundness of

their position.

When he went into private

practice in 1939, he began work- _

ing with the ACLU and has con-"

tinued this "labor of love" to

the present.

On The Docket ee

Currently, he is preparing the

brief in an important ACLU

case: Jim Allen versus. Local

1976, Carpenters Union, AFL

CIO. Allen, a former business

agent, was expelled for attend-

ing meetings in behalf of local

Smith Act defendants. Allen

claims he was improperly expels

led and is seeking restoration of

membership,

Over the years, Gorenfeld has

been assigned many significant

ACLU cases, including preparas

tion of the branch amicus cur-

iae brief in the trial of local

Communist leaders; Burrows

versus Jackson (restrictive cov-

enants), and Whitmore versus

Southern Pacific Railway (equal

but separate facilities).

Pet Subject Peay GI.

In this political year, Goren-

feld is the bane of his colleagu-

es and friends as he urges the

labor movement to divorce it-

self from any affiliation with.

either major party and become

the hub of a third party.

While his friends throw up

their hands in despair at his

formulations and_ predictions,

Gorenfeld regards this prospect

with deadly seriousness.

As he felt when he was a

young man just embarking on a

career, he wants labor to be the

great champion of civil rights

and the minorities.

Meanwhile he labors arduous-

ly to help it achieve that ideal.

U.S. Land Policy Called

Due Process Violation

The federal government's pol-

icy of acquiring agricultural

lands on the island of Okinawa

for military purposes was criti-

cized recently by the national

ACLU as not respecting the

principles of due process of law

and democratic consultation.

The lands have been taken

without granting the people any

right to dispute the decision, the

ACLU said.

The Okinawans' powers of

self-government are largely ne"

gated by the fact that all exe-

cutive power is controlled by an

appointee of the Department of

Defense, who, in turn, appoints

all local officials including jud

ges, the Union pointed out.

Under this system, the Okin- "

awans have ``a far less voice in

their own affairs than in ai,"

area recently under American -

occupation - Japan, Germany,

Korea or Austria.

principles of

and personal freedom."

PAGE FOUR

N.Y. Times Cites

Evidence of New

Democratic Trend

The New York Times last

week cited four recent incidents

as evidence that the nation is

again making progress in the

`Jong, slow struggle back to the

heights of democratic liberal-

ism." :

~The possibility that the com-

ing national election might have

' something to do with this "lib-

eralizing process" would in it-

self be an encouraging omen,

the Times said in an editorial

published Sunday, Sept. 1. This

- would mean that `at least some

_ people in high authority believe

it to be politically asvantageous

to return to the old American

individual liberty

The full text of the editorial

- follows:

: "The month a August has

- been a relatively good one for

- this nation's Jong, slow struggle

back to the heights of demo-

`cratic liberalism after the beat-

ing the cause of liberty took a

' few years ago.

"For example: Attorney Gen-

- eral Brownell has issued regula-

tions governing the reinstate-

ment of persons who had been

illegally fired as security risks

from nonsensitive Federal jobs.

Mr. Brownell's ruling stemmed

from the Supreme Court deci-

sion in the Cole case last June,

which- held that security dismis-

sals under the President's Ex-

ecutive order of May, 1953,

~ could not properly be applied to

employes in non-security posi-

~ tions. It is reported that in con-

sequence of the Cole decision

the Justice Department is now

_ engaged in drafting an entirely

w and more liberal Executive

der on security risk proced-

- Foolish Rule

"The Government has dropped

the requirement that tenants of

low-rent publie housing projects

sign loyalty oaths. The courts

had never taken kindly to this

foolish rule, which was instituted

by Congress as the Gwinn

amendment in 1952 and was not

formally renewed after 1954.

Only one of the 1,500,000 tenants

of such projects throughout the

country was actually evicted by

court order under this act.

"The recommendations of the

_ National Academy of Sciences

on security-risk procedures af-

_fecting research workers engag-

-ed in non-classified projects

have been accepted by the White

House. This means that scien-

tists investigating matters that

have nothing whatsoever to do

with national security will no

longer be denied Federal grants

solely because of security-risk

allegations.

Security Risk

"A carpenter fired from an

Army base more than _ three

years ago as a security risk has

been finally cleared by a review

: leading ewspap

board, after a fight on his be-

half by Senator Hennings' Com-

mittee on Constitutional Rights.

One of the charges against the

carpenter was that he had given.

as a reference the name of a

minister who had once spon-

sored a dinner for Paul Robeson.

"These are some of the more.

significant developments of the

past month in the general area:

of civil liberties and they in-

dicate progress. Whether the

approach of the election has

anything to do with this liber-.

alizing process we do not know.

If it does, that in itself would

be encouraging, for it would

mean that at least some people

in high authority believe it to be

politically advantageous to re-

turn to the old American prin-

ciples of individual liberty and

personal freedom."

End Mandate

of Committee,

Union Urges

The mandate of the House

Un-American Activities Com-

mittee authorizing investigation

of `un-American propaganda"

`' should not be renewed when

Congress convenes next Janu-

ary, the national ACLU urged

last month in a letter to 100

zines.

The basic trouble with the

House Committee is its mandate

which is phrased entirely in

terms of `un-American propa-

ganda,' whether or not such

propaganda is related in terms

of `clear and present danger' to

illegal acts, the ACLU Said:

Propaganda, as such, whatev-

er its source and however of-

fensively `un-American' to Con-

gress, is not.a proper matter for

congressional investigation, the

Union pointed out.

The Committee has usually

limited its investigation of opin-

ion and association to that

which it has considered to be

related to illegal action, the AC-

LU said. But in recent hearings

on two Fund for the Republic

projects, the Committee `over-

stepped its own establishd boun-

daries." :

The Union scored recent ques-

tioning related to the Fund's re-

port on blacklisting in the mo-

tion picture industry and its li-

brary award to the Plymouth

Friends Meeting which refused

to fire a librarian who invoked

the-5th Amendment before a

Senate investigating committee.

AMERICAN "CIVIL LIBERTIES UNION

SOUTHERN CALIFORNIA BRANCH

PARTICIPATING MEMBER.,.....

COOPERATING MEMBER......asae

"SUSTAINING MEMBER.....%.

SUPPORTING MEMBER...........

CONTRIBUTING MEMBER.......0-.

| WANT TO JOIN THE ACLU AS A

..$100 [7]

50 [_]

A eee

10 []

a

5927 Sunset Blvd.

(c) Los Angeles 28, Calif.

Membership includes the Open Forum

from Los Angeles, Civil Liberties, national

monthly publication, the Union's annual

report, and single copies of some thirty

ACLU pamphlets. Associate Members at $2

receive Open Forum, Civil Liberties and

the annual report. The national office will

send its weekly bulletin, on request,

to members contributing $10 or more.

The ACLU works to defend, maintain and extend the civil liber-

ties and rights guaranteed by the Bill of Rights and the Constitution.

it needs and welcomes the support of all those-and oniy those-

whose devotion to civil liberties is unqualified by approval of to-

talitarian practices.

NAME

ADDRESS

CITY

ZONE

STATE

OCCUPATION

ers. and .maga-_

wEeERBLO ce

O96 Ws Pewee Past *,

`NOT THAT I REALLY NFER: TO WASH--"

2

-Cut Courtesy of L.A. Mirror-News

Branch Board Plans

All-Day Conference

"ERE: or. anc: board of directors

will hold an all-day conference

Saturday, `Se eptember 29, for the

evaluating the year's.

purpose of

program and discussing over-all

branch policies, Robert S. Vogel,

chairman, announced.

The session will be held from

9:30 am. to 4:30 p.m., at the

home of Mr. and Mrs. Ralph At-

kinson, 9435 Lloyderest Drive,

Beverly Hills.

Reports from chairmen of the

branch standing and_ service

committees also will be includ-

ed on ae

Census to

Cut Queries

on Religion

The national ACLU has ex-

pressed satisfaction that the

1960 U. S. census would in all

probability not include certain

questions about religion, the

asking of which would raise the

constitutional issue of separa-

tion of church and state.

Robert W. Burgess, director

of the Bureau of the Census,

stated that the question, "Do

you regularly attend church or

synagogue?", "appears to us to

be unsuited to a statistical in-

quiry such as a census. I a-

gree that it would be generally

regarded as an improper use of

the Federal powers.'

To the question, "Do you be-

lieve in God?", the census bur-

eau director wrote the ACLU,

"A question on belief in God was

proposed prior to the 1950 Cen-

sus and was rejected at that

time on the grounds that this

is not a proper question and al-

so on the grounds that there are

substantial technical difficulties

in asking such a question."

In the ACLU's opinion such a

question would constitute an ex-

amination of religious belief, ab-

solutely contradicted by the

First. Amendment. jt

Ae

0 Connot Case Tests.

Freedom of Speech and press

"will become empty shibboleths

before the limitless power of

congressional committees" if the

contempt of Congress conviction .

of Harvey O'Connor is upheld,

the national ACLU asserted re-

cently.

O'Connor pleaded that the

First Amendment protected him

from answering questions of the

Senate Permanent Subcommit-

tee on Investigations when head-

ed by Sen. McCarthy. He held

that his writings, his books and

his political opinions were of no

legitimate concern to the Sen-

ate group and that the question

was not pertinent to the sub-

committee's investigation of the

efficient operation of the U. S.

Information Service.

Irrelevant

In a friend of the court brief

supporting O'Connor's petition

to the U.S. Court of. Appeals,

to reverse the conviction, the

ACLU supported O'Connor's ar-

gument that the subcommittee

Jacked jurisdiction to question

him about his beliefs and that

the questions asked were not

pertinent to the subject of the

investigation.

O'Conner was not involved in

teriaily from

governmental operations, the

_ brief reminded, or with the op-

eration of the State Depart-

ment's overseas libraries. Be-

cause he had not benefited ma-

tne' acquisitions,

the ACLU said, the subcommit-

tee's sole claim that the ques-

tion about Communist Party

membership was pertinent be-

cause it wanted to learn if roy-

alties from books bought bythe

State Department had reached

"Communist coffers' was de-

stroyed.

Stressing the First Amend-

ment argument, the ACLU brief

said that "If (O'Connor's) con-

viction is upheld it will establish

that no First Amendment limi-

tations are applicable to the

congressional investigative pow-

er... Any citizen who writes,

publishes or prints any matter

which comes into Government

hands by gift, purchase, or oth-

erwise, will immediately there-

by become vuinerable to con-

gressional inquisition... We sub-

mit that there are limitations

imposed on the congressional in-

vestigative power by the First

Amendment and that this case

cries out for their invocation."

American Civil Liberties Union

Southern California Branch

2865 West Ninth St., Suite A

Los Angeles 6, Calif,

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