vol. 11, no. 11

AMERICAN

CIVIL LIBERTIES

UNION - NEWS

"Eternal vigilance is the price of liberty."

PHEL OBEEER

ERLE Piiban

FREE ASSEMBLAGE

Vol. XI.

SAN FRANCISCO, NOVEMBER, 1946

No. il

Pacifist Denied Admission

To The California Bar

Pacifists may not be licensed as lawyers in

California. That is the effect of a decision by

the Northern Subcommittee of the Committee of

Bar Examiners of the State Bar of California

in rejecting the application of Orval Etter, Sec-

retary of the Fellowship of Reconciliation in

Northern California, on October 25. :

Orval Etter is a member in good standing of

the bar of Oregon. in denying him admission,

the Subcommittee declared that "the applicant

has failed to meet the burden of showing that he

is possessed of good moral character." The no-

tice then went on to'say that the Committee's de-

cision was based `on the opinion of the Commit-

tee that your activities during the war in advo-

cating and urging, and in helping others to ad-

vocate and urge, noncooperation and refusal to

aid in the war effort of the United States, and

your present belief in such matters, are inconsis-

tent with the oath required of a member of the

Bar of this State that he `support the Constitu-

tion of the United States and the Constitution of

the State of California,...'"

Mr. Etter will challenge the Committee's deci-

sion by filing an application to have the case re-

`viewed by the Committee of the whole, which is

composed of Charles B. Beardsley of Oakland,

Chairman, Edwin Heafey of Oakland, Frank B.

Belcher, Homer D. Crotty, James Farraher of

San Francisco, Eugene M. Prince, vice-chairman,

of San Francisco, and Walter H. Stammer of

Fresno. The subcommittee in the instant case

was composed of Messrs. Prince, Farraher and

Heafey.

On June 11, 1945, the U.S. Supreme Court,

in a 5 to 4 decision, upheld the denial of admis-

sion to the practice of law of Clyde W. Summers

by the State of Illinois. Illinois has constitu-

tional provisions which require service in the mil-

itia in time of war of males between the ages of

18 and 45. Basing its decision on precedents up-

holding the denial of citizenship to pacifists, the

U.S. Supreme Court upheld the determination of

the Illinois Supreme Court that Summers could

not in good faith take the required oath to sup-

port the Constitution of Illinois. "A conscien-

tious belief in non-violence to the extent that the

believer will not use force to prevent wrong, no

matter how aggravated, and so cannot swear in

good faith to support the Illinois Constitution

. must disqualify such a believer for admis-

sion."

Apparently, the Northern Subcommittee had

this decision in mind when it turned down Mr.

Etter's application. However, California has no

provision in its Constitution requiring all per-

sons between the ages of 18 and 45 to serve in

the Militia, and, in the next place, by its deci-

sion in the Girouard case, on April 22, 1946, the

Supreme Court has removed the basis for the

decision in the Summers case. In the Girouard

case it will be recalled, the Court decided, 5 to 3,

_ that a pacifist who was willing to serve as a non-

combatant in the Army, could become a natural-

ized citizen. In the meantime, Summers, in the

light of the Girouard decision, has reapplied for

admission to the Illinois bar.

_Mr. Etter's case will be considered by the

Union's Executive Committee at its meeting on

November 7,

Developments in Cases of Peruvian

Japanese and Detained Enemy Aliens

On October 15, five Peruvian Japanese re-

turned by air to Peru while on October 23, 18

adults and 13 children returned by air to Peru.

Twenty-one Japanese interned as enemy aliens

were recently transferred to Seabrook Farms,

New Jersey, under "relaxed internment." Seven-

teen enemy aliens are still detained at Crystal

City, besides three family groups.

ERP

Girls on S

Damage Suit Tesis Right of Police to Arrest

suspicion of Having Venereal Disease

Charging false arrest and imprisonment, Opal

Black, 33, and Lola Rusk Weaver, 30, sisters,

residing at 2306 West St., Berkeley on October

21 filed a $20,435 damage suit in the Superior

Court of Alameda County against John D. Peper,

Berkeley police officer, John D. Holstrom, Berke-

ley Chief of Police, Robert P. Tracy, Oakland

Chief of Police, and five John Does.

The women charged that on May 10, 1946, at

11:30 p.m., while seated at a table in a Berkeley

restaurant at 2525 San Pablo avenue awaiting

the service of food, Officer Peper entered the

restaurant and arrested them without cause.

They were taken to the Berkeley jail and next

day. transferred to the Oakland jail, from which

they were released after being held in custody

for 412 days. They were never tried for any

public offense.

Lola Rusk is the mother of three small chil-

dren. As a result of her arrest and imprison-

ment, she alleges she lost her $35 a week job

and was out of work for four months.

The suit was filed by Clarence E. Rust of Oak-

land, attorney for the American Civil Liberties

Union, - ee

The suit is of far-reaching effect because it

challenges the legality of the state-wide police

practice of rounding up girls in the cheaper tav-

erns, restaurants and other public places and

detaining them at least three to five days while

"Relaxed Internment" For 306

Renunciants; Court Fight Progresses

During the past month, there have been two

important developments in the cases of the Nisei

who renounced their U.S. citizenship under du-

ress. First, Wayne Collins' motion for judgment

on the pleadings in the pending test suits has

been set for argument, and, second, most of the

more than four hundred renunciants held at

Crystal City, Texas, have been placed on "re-

laxed internment."

The motion for judgment on the pleadings will

very likely be argued on November 13. Thomas

Cooley II, Director of the Enemy Alien Control

`Unit of the Department of Justice, will argue

the case for the government, while Wayne M.

Collins of San Francisco will appear for the re-

nunciants. After a ruling by Judge St. Sure, the

losing side will take an appeal to the Ninth Cir-

cuit Court of Appeals in San Francisco. Even-

tually, of course, the case will go to the U.S.

Supreme Court.

Three hundred and six renunciants elected to

be transferred to the Seabrook Farms in New

Jersey on so-called "relaxed internment." Sea-

brook Farms will pay them at least 6714c an

hour for their work, and they will pay $8.40 a

week for board and lodging. The lodging at the

moment is extremely bad. The renunciants are

housed in an old C.C.C. camp which needs ex-

tensive repairs.

About 25% of the renunciants did not elect to

go to the Seabrook Farms and they continue to

be held at the Crystal City Internment Camp in

Texas. In this group there are 61 single renun-

ciants, including 9 women. In addition, 38 heads

of families still remain at Crystal City, together

with 24 children. At least 6 renunciats received

outright releases during the past month. Twen-

ty-one renunciants remain unaccounted for but

Bey. have very likely received unconditional re-

eases.

Vote "YES" on No. 11

Et PS at aed

the results of venereal disease tests are awaited.

While they are quarantined, they may not he

released on bail. In San Francisco, the Union

found that only 25% of the women who were

picked up were infected, while in Oakland it is

claimed that 50% of the women are infected. In

any case, the 75% and 50% respectively who are

not infected have obviously been denied their

liberty without cause, unless they are known

prostitutes.

During the war, the police had the habit of

picking up girls who were seen with service per-

sonnel in bars. In San Francisco the practice

was to "vag" and quarantine such girls. The

criminal charge was filed for the purpose of en-

abling a V.D, examination to be made. That

is still the practice in San Francisco and many

other communities,

If the police restricted their activities to

known prostitutes one could not quarrel with

them. Such girls are picked up and quarantined,

_ but most of those arrested are merely suspected __

of being promiscuous, and police, in effect, hold . |

cuem on suspicion of having a veneral disease.

Needless to say, when such arrests are made,

the male companion of the girl is not arrested

and quarantined.

In the present case, the women were not in-

fected. If they had been infected, their quaran- .

tine would have continued while they were be-

ing treated. -

The trouble with this whole business is that

veneral disease control is a health rather than a

police matter. Case finding and case holding are

public health and not police functions. As one

health official has recently said, "we should not

permit the veneral disease control program to

fall into bad practices and illegal procedures for

quarantine and examination. Inevitably, people

will revolt against improper measures and even-

tually the veneral disease control program will

be set back to the point where it will be impos-

sible again to secure public support for sound

progress." To this should be added the warning

of the U.S. Public Health Service which recently

stated, "If official policy is permitted to re-

establish in the public mind the notion that hav-

ing veneral disease is a crime and absolute proof

of immorality, syphilis and gonorrhea will go

back into hiding."

Japanese Fishing Appeal Heard

in California Supreme Court

Five hundred Japanese residents of California -

who were in the commercial fishing business be-

fore the war but excluded from it by state law

since 1943 will have their future status decided

when the California Supreme Court hands down

a decision in the Takahashi fishing case, heard on

October 2.

Torao Takahashi, for thirty years a commer-

cial fisherman in California and the father of

two sons who served with honor in the U. S.

Army, brought suit against the State Fish and

Game Commission for denying him rights guar-

anteed by the Fourteenth Amendment by its re-

fusal to grant him a license to fish commercially.

"The principal issue in the case," the ACLU

states in a brief filed as friend of the court, "leads

to the conclusion that this is not a statute to

conserve fish by limiting the number of fisher-

men, but to oppress racial groups by preventing

them from fishing."

Vote "NO" on No. 15 | '

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

ACLU Offers Aid to Texas

Newsmen in Contempt Case

Three Texas newspapermen `whose convic-

tion for contempt of court will be reviewed by

the U. S. Supreme Court were offered legal aid

last month by Arthur Garfield Hays, counsel for

the ACLU. The journalists had been cited for

contempt and given three day jail sentences for

news stories and an editorial on a civil suit in a

Texas county court criticizing state laws which

"vest vast judiciary authority in a county judge

but which do not require the occupant of the

office to be an attorney." The newspapermen are

Conway C. Craig, publisher of the "Corpus

Christi Caller-Times" ; Bob McCracken, managing

Editor, and Tom Mulvaney, reporter.

In appealing the decision of the local court

which was upheld by the Texas Court of Criminal!

Appeals, the journalists maintained that the con-

viction deprived them of the right of freedom of

the press. In a similar case last spring, the Un-

ion participated in the successful appeal brought

by John D. Pennekamp, publisher of the "Miami

Herald," in which the Supreme Court reaffirmed

its concern for freedom of the press by ruling

that newspapers are not to be denied the right

to criticize court action even in pending cases.

Strong Opposition Develops Against

State Proposition No. 15

During the past month, the San Francisco

Chronicle, the San Francisco News, the San

Francisco League of Women Voters, and the

State CIO came out with a recommendation

against State Prop. No. 15, relating to the Alien

Land Law. The San Francisco Chamber of

Commerce announced its support of the meas-

ure. The Union strongly urges its members and

friends to VOTE "NO" on No, 15.

On the other hand, the Union urges a "Yes"

vote on State Prop. No. 11, the FEPC measure.

NEW YORK BANS THREE MINORITY

PARTIES FROM BALLOT _-

The decision of the Supreme Court of New

- York on October 16 to bar the Socialist Party,

the Socialist Workers Party and the Socialist

Labor Party from the ballot for alleged irregu-

Jarities in connection with their nominating peti-

tions will be appealed, and with ACLU support

if the decision is found to be discriminatory. The

Communist Party petitions were held valid and

it will appear on the ballot. Representatives of

the other minority parties charge that a political

deal between Democrats and Communists was re-

sponsible for keeping the party on the ballot.

The proceedings were instituted by Spencer C.

Young, Democratic candidate for State Comp-

troller, at Troy, N.Y., on September 24 before

Justice William H. Murray. They were shifted

to Albany, N.Y., on September 30, before the

same judge. The ACLU was represented by an

Albany attorney as observer.

Executive Committee

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

Rt. Rev. Edw. L. Parsons

Chairman .

Dr. Alexander Meiklejohn

Helen Salz

Vice-Chairman

Joseph S. Thompson

Secretary-Treasurer

Ernest Besig

Director

Philip Adams

John H. Brill

Prof. James R. Caldwell

H, C. Carrasco

Wayne M. Collins

James J. Cronin, Jr.

Rev. Oscar F. Green

Margaret C. Hayes

Prof. Ernest R. Hilgard

Ruth Kingman

Ralph N. Kleps

Dr, Edgar A. Lowther

Seaton W. Manning

Mrs. Bruce 2orter

Clarence E. Rust

Rabbi Irving F. Reichert

Prof. Laurence Sears

Dr. Howard Thurman

Kathleen Drew Tolman

Superio

Superior Judge Edward P. Murphy of San

Francisco on October 7 upheld the contempt of

court convictions against 20 members of the

Street and Highway Committee of the San Fran-

cisco Chamber of Commerce. They had been

charged with "constructive contempt," one com-

mitted out of the presence of the court, which

Judge Murphy decided "constituted a_ serious

threat to the impartial administration of justice

in pending cases, involving traffic violations." An

appeal will be taken by the 20 to the District

Court of Appeal.

_ On February 23, 1946, the Committee adopted

a resolution sharply criticizing Judge Twain

Michelsen's conduct of the traffic court and de-

manding his ouster from that bench. Judge

Michelsen promptly ordered the members of the

committee to show cause why they should not be

held in contempt of court. He found 20 mem-

bers of the committee guilty and sentenced them

each to pay fines of $25 or serve 121% days in

jail.

The parts of the resolution which Judge Mur-

phy found to be objectionable read as follows:

WHEREAS, the Judge of the Traffic Court

presently presiding, has, for no reason, or for

various reasons, condemned and criticized the

regulations properly imposed, and has excused

violations of the regulations, and

WHEREAS, the Judge of the Traffic Court

by his public utterances and conduct, brought

disrespect, confusion, non-enforcement, violation,

a worsened parking and traffic situation, and

WHEREAS, the Judge of the Traffic Court

has by his actions, lessened the dignity and effi-

ciency of his office as Judge, and has impaired

or nullified the ability of the officers of the law

charged with the enforcement of traffic and

parking regulations to carry out their duty, all

to the detriment of the city and its people.

THEREFORE, BE IT RESOLVED, that this

Committee requests of the proper authorities

that the present Judge of the Traffic Court,

Twain Michelsen, be immediately removed from

his office as unsuited to the duties required of

him, and that he be replaced by a Judge who

will carry out the laws and regulations as they

are properly established without discrimination,

favor or personal bias.

Recently, the U.S. Supreme Court, in the

Miami Herald case, decided that newspapers are

free to criticize judges even in pending cases,

unless there is a clear and present danger to the

administration of justice. While recognizing the

law, Judge Murphy was of the opinion that the

facts in the present case were much stronger

than in the Miami Herald case.

Said the court: "From the evidence herein

it is obvious that there were literally hundreds

of traffic tags upon the Judge's calendar which

were at that time undetermined. That these

cases were actually pending in the sense herein-

above set forth cannot possibly be denied. The

Protest Efforts to Bar

Communists from St. Ballots

A protest against attempts of veterans' or-

ganizations to remove the Communist Party

from State ballots was sent last month by the

American Civil Liberties Union on behalf of vet-

eran signers of an open letter to the secretaries

of state of the forty-eight states and to officials

of the American Legion and the Veterans of

Foreign Wars. Among the signers were Alfred

M. Bingham, former State Senator, Connecticut ;

Melvyn Douglas, Los Angeles; Brig. General H.

C. Holdridge, retired, Washington, D. C.; Charles

G. Bolte, chairman of the American Veterans

Committee; William K. Thomas, attorney, Cleve-

land; and John Dos Passos, author, Massachu-

setts. All the signers served in the second World

War except John Dos Passos, a World War I

veteran.

The signers assert that "all parties, what-

ever their character or program, should have an

opportunity to appeal to the voters. Under our

system of complete freedom of debate, the people

can be trusted to pass on the merits of any par-

ty's claims to honest Americanism. _

`Tf a public policy is adopted of admitting tc

the ballot only approved democratic parties, we

shall be giving public officials an unlimited op-

portunity to exercise political prejudice."

The signers urge "as veterans and as citizens

with no connection or sympathy with the Com-

munist Party that the polls be kept open to all

parties so that their supporters may stand up and

be counted."

public, including the Chamber of Commerce, has

the right to criticize and to advocate. As a mat-

ter of fact the whole gamut of public affairs is

the domain for fearless and critical comment, in-

cluding of course the administration of justice. |

But this right should only be exercised with the

fullest sense of responsibility. Without such a

lively sense of responsibility this right might

readily become a powerful instrument of injus-

tices. It does not and cannot extend to an at-

tempt to influence judges or juries before they

have made up their minds on pending contro-

versies. It must not be understood that this

restriction in any manner curtails the fullest dis-

cussion of public issues generally. It merely bars

the operation of influence specifically directed to

a concrete case or to concrete cases.

"Respect for Courts and judicial officers in the

performance of their judicial functions, or in

matters incident to the administration of jus-

tices, arises naturally in the human mind from

an appreciation of the delicacy and importance

of the power exercised by Courts and Judges.

An efficient, upright, painstaking and impartial

judiciary by its own inherent influence for good,

deserves and should be spontaneously accorded

respect and moral support. This does not mean

that judges are beyond the pale of legitimate

criticism. They are no more or less human than

other men.

"But the freedom of speech or freedom of

the press is not freedom to do wrong with im-

punity, nor does either imply the right to frus-

trate and defeat the discharge of those govern-

mental duties upon the performance of which

the freedom of all depends. The safeguarding

and fructification of freedom and constitutional

institutions is the very basis and mainstay upon

which freedom of speech and freedom of the

press rest and those freedoms therefore do not

and cannot be held to include the right virtu-

ally to destroy such institutions. However, com-

plete and inviolate is the right of the citizen

to discuss and the press to print, that right as

every other right enjoyed in human society is

subject to the restraints which separate right

from wrongdoing."

It cannot be forgotten that the Committee's

resolution followed a public controversy over the

enforcement of traffic laws that gained wide

publicity in the press. Obviously, the language

of the resolution is intemperate in character, but

it was not directed at any particular case but

simply at what the Committee regarded as a

failure of the administration of justice in the

Traffic Court.

Cases are always pending before the Traffic

Court. In consequence of Judge Murphy's opin-

ion it now becomes extremely dangerous to criti-

cize the administration of justice in the Traffic

Court of San Francisco because what one says

may be interpreted as constituting a threat to

the impartial administration of justice in pend-

ing cases.

Three Persons Elected to the Union's

Local Executive Committee

Last month three persons were elected to the

Union's local Executive Committee and their

elections confirmed at the annual meeting of the

membership. The new members are: Prof.

James R. Caldwell of the University of Califor-

nia; Mr. Seaton W. Manning, Secretary of the

Urban League of San Francisco; and Prof. Lau-

rence Sears of Mills College.

Attorney Morris M. Grupp of San Francisco

resigned from the Committee because of inability

to attend the regular meetings.

NISEI DRAFT RESISTERS FINED lcent

Approximately one hundred Nisei who refused

te comply with the draft while confined at Poston

Relocation Center were fined one cent each by

Judge Dave Ling in the U. S. District Court at

Phoenix, Arizona, on October 7. The court alsc

granted stays of execution to three other Japan-

ese-Americans convicted during the war for draft

evasion so that they will not be sent to prison.

The refusal of the 101 Japanese-Americans

was based on the claim that they were not sub-

ject to the draft because their rights had been

denied them by the military evacuation and de-

tention. The judge in recognizing the anomaly of

the charges declared, "The defendants were taken

from their homes and confined to prevent them

from committing sabotage. Then they were ar-

rested for refusing to enter the army where their

opportunities for sabotage would have been mul-

tiplied many times."

_ AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Louisiana Negro Student

Sues for Medical Education

Viola Johnson, a young Negro college grad-

uate denied admission by Louisiana State Uni-

versity to its medical school because of her race,

has brought suit against the University for vio-

lation of her constitutional rights. The case was

heard on October 7 by Louisiana District Judge

Charles A. Holcombe in Baton Rouge.

The basic issue in the suit is the constitution-

ality of racial segregation. ACLU spokesmen

pointed out, however, that the U. S. Supreme

Court, in a case involving another Negro Louisi-

ana student, held in 1938 that if the state pro-

vided equal facilities for Negro students, segre-

gation in separate school is constitutional.

: Miss Johnson claims the board's refusal to

permit her enrollment places her at a "distinct

disadvantage with regard to the practice of medi-

cine in the state of Louisiana," since there is nc

medical school for Negroes within the state.

ACLU support has been offered in the case which

the NAACP is handling.

Atlanta Democrats Seek

to Force Negro Off Ballot

Aurelius S. Scott, a Negro professor of edu-

cation and psychology who reentered the contest

for the post of Atlanta county coroner after the

executive committee of the Democratic Party of

Fulton County, Georgia, had previously forced

his withdrawal, was offered aid by the American

Civil Liberties Union. "Any attempt to force

Mr. Seott out of the race through intimidation

would be a violation of the federal civil rights

law and of concern to the ACLU," declared Roger

Baldwin, its director.

Although Scott's withdrawal had been se-

cured on October 11, by the local Democratic

party, the entire proceeding was stricken from

the records after an Atlanta attorney warned

the committeemen that they were liable to prose-

cution under the federal law for conspiring tc

violate Scott's civil liberties. Scott has since re-

affirmed his intention to run for the office if stil)

eligible and has engaged counsel to regain pos-

session of the withdrawal form he was forced tc.

submit. The executive committee has since desig-

nated a white candidate for the office.

Truman Urged to Lift Ban

on Mails to Germany, Japan

Removal of restrictions on sending news-

papers, periodicals, and books to and from Ger-

many and Japan was urged on President Truman

last month by the American Civil Liberties Union

in a communication which pointed out that "de-

bate and criticism should be encouraged, not

suppressed, if these occupied regions are to

receive a training in democratic methods."

While conceding that censorship may have

been necessary earlier in the Occupation, the

letter urged that "democratic principles cannot

be encouraged, save by the widest possible dis-

semination of opinion with the right of criticism

of any, or all governments."

"The interest of the American people in fram-

ing or supporting intelligent foreign policy," it

was further noted, "requires access to the mate-

rial published in occupied countries."

The letter concluded with an appeal to the

President to take up with the State, War and

Post Office Departments the question of prompt

reconsideration of the present restrictions.

NEGROES FIGHT RESTRICTIVE

COVENANTS IN HOLLYWOOD

Joining with thirteen other national or local

organizations the ACLU filed a brief in the Su-

preme Court of California on October 2, in sup-

port of a lower court decision outlawing racial

housing covenants. `The world has rejected rac-

ism as a theory," the brief declared, "but the

evils of its practice are still to be obliterated.

This court can place California in the van of

those states which refuse to permit their law tc

lag behind the sense of the people in these

matters." :

Thirty Hollywood California Negro property

owners asked the state Supreme Court to uphold

their right to live in a once exclusively white

residential district, and quoted the late Franklin

D. Roosevelt that discrimination is alien to and

opposed to the American concept of democracy.

Three well known Negro entertainers, Hattie

McDaniel, Louise Beavers and Ethel Waters, are

involved in the joint suit brought by eight white

property owners in an attempt to reverse a 194

decision by the Los Angeles Superior Court that

the racial clause in deeds is unconstitutional.

EGINS

Friends |

nion's $8800

Contribute

5 udgei for 1947

The American Civil Liberties Union of Northern California last month opened its annual

financial drive with a goal of $8300 to fill its budget for the fiscal year ending October 31, 1947.

A letter appealing for funds was sent to the Union's 1050 active members on October 28, together

with a business reply envelope that also serves as a contribution or pledge form.

All members

were urged to contribute NOW in order to furnish the means with which to carry on the Union's

War Department Probes

Army Abuses in Philippines

Reports that the U. S. Army had aided in

suppressing native peasant movements of Fili-

pinos against landlords in Palawan province of

the Philippines. are now under investigation by

both the War Department and the Philippine

Government as a result of incidents brought to

the attention of the Secretary of War by the

ACLU. The Union's representations are based on

documents of eye-witnesses submitted by the

Philippine Civil Liberties Union.

Rev. Samuel W. Stagg, an American citizen

now living in Puerto Princesa, Palawan, declared

that American military police in the last six

months "have repeatedly raided private homes

without search warrants, illegally seized and de-

tained Filipino citizens and have been responsible

for a virtual reign of terror.'' When several

hundred local Filipino citizens petitioned Presi-

dent Manuel A. Roxas for redress, Rev. Stagg

charged that every signer employed by local

U. S. Army and Navy authorities was dismissed

and blacklisted.

Major General Edward F. Witsell, Adjutant

General, replied for the War Department to the

Union's communication stating that an investi-

gation is now underway. He said that "there is

nc intent on the part of the United States Army

to violate Philippine sovereignty."

U. S. Supreme Court Urged to

Reconsider Ill. Vote Decision

A petition for rehearing of a suit to reappor-

tion Congressional districts in Illinois, now based

on 45 year old population figures, was submitted

to the U. S. Supreme Court by the ACLU last

month.

In a split decision last June the Supreme

Court voted four to three to deny a suit by three

Illinois taxpayers to consider unconstitutional

the Illinois apportionment. The basis for the

suit was that, under its outdated figures, Illinois

congressional districts do not contain an equal

number of inhabitants. The population variance

of Illinois congressional districts is from 112,00C

to 900,000.

Justice Black, writing the dissenting opinion.

urged that the Illinois Congressional Districting

Act of 1901 be declared unconstitutional. "Such

gross inequality in the voting power of citizens,"

he claimed for the minority, "irrefutably demon-

strates a complete lack of effort to make an

equitable apportionment."' :

The ACLU brief, signed by John F. Finerty

Arthur Garfield Hays and Clifford Forster, sup-

ports the petition for rehearing. ACLU officials

are hopeful that a full court might reverse the

June decision, and in so doing offer a stronger

legal basis for attacking the restrictive poll-tax

Congressional districting in the South.

Puerto Ricans Sue to Enforce

Teaching in Spanish

Court action has been taken in the Federal

District Court in San Juan by the Insular Teach-

ers' Association to make law a bill passed by the

Puerto Rican legislature authorizing Spanish, in-

stead of English, as the language of instruction

in Puerto Rico schools. The bill was vetoed by

the former governor, and has been before Presi-

dent Truman since August 5.

The Organic Act of Puerto Rico provides that

a bill passed by the legislature but vetoed by the

Governor must be transmitted to the President

of the United States for action. If not acted on

within 90 days after submission to the President.

it becomes a law as though specifically approved.

The Puerto Rican Senate, holding that the

measure has become law since no action was

taken by the President within the 90 day period

is now suing the acting Commissioner of Educa-

tion for its enforcement.

Department of Interior officials state that ac-

tion on language instruction properly belongs

within the province of the Commissioner of Edu-

cation and is not a matter of legislation.

work for another year.

Expenses Go Up

The budget is the largest in the Union's his-

tory. That is easy to be accounted for, because,

like other groups and persons, the Union finds it

much more expensive to do business today than

it did a year ago. The cost of printing the monthly

"News" has virtually doubled since before the

war. Also, the Union's rent increased one-third

during the past year, and will be more than

doubled around the first of the year when it

expects to occupy larger quarters in the building

where it now has an office. The increasing mem-

bership means a natural increase in postage, sta-

tionery, etc. In short, the Union's steady growth

and the general rise in prices means that it can-

not get along on less than $8800 for the fiscal

year ending October 31, 1947.

The Union has established the practice of mak-

ing a budget appeal annually around the first of

November. If members and friends contribute

NOW for the year's work, they will receive no

further appeal for funds for another year. Last

year, over 500 of the Union's members made

their contributions in November and December.

It is hoped that this year nearly everybody will

contribute during the annual financial drive in

order to concentrate the Union's fund-raising ac-

tivities and thereby reduce to a minimum such

interference in the handling of civil liberties is-

sues.

No `Angels'

The Union, it should be remembered, receives

no financial support from the Community Chest

or from any foundation, nor from its national

office or financial "angels." Every dollar used .

in the work must be raised among its local mem-

bership. Since that membership is only 1050,

the minimum dues of $3 is _ insufficient

to finance its activities. Therefore, it turns to

its supporters each year' to ask for contribu-

tions,

_ During the last fiscal year, the Union had an

Income of about $7800,-the largest in its his-

tory, and $1500 more than during the previous

year. This year, however, it must raise an addi-

sonal $1000 in order to balance the $8800 bud-

get. :

Moreover, the Union regrets to report tha

when the books are finally added up, there will

be a deficit of almost $200 for the past fiscal

year. To be sure, the Union spent almost $200

in connection with moving to its present office

last June, but there ought to be enough flexibil-

ity in the budget to take care of such emergen-

cies.

How Much Should You Give?

How much should you pledge or contribute?

Obviously, in order to fill the budget, the Union

must receive ten, fifteen, twenty-five dollar and

larger gifts to secure an average contribution of

$8.50 per person from its present membership. -

The Executive Committee hopes that many mem-

bers who in the past have contributed the mini-

mum dues of three dollars a year will increase

their support, if they can possibly afford to do

so. '

Sending as much of your pledge as is conveni-

ent, or the entire amount, will save the Union the

cost of future billing.

The Budget

Following is the budget adopted by the Union's :

Executive Committee:

Salaries:

Director. 2 ee $4200

mecretary (part time) - 3 ta 1200 $5400

Printing and Stationery = 2. 1506

Rent 995

Postage 2 3 ee 300

Telephone and Teleeraph . 175

Taxes and Insurance _....0.2 0. 150

Travellins 2.2 125

Nisceliancous = = 2 50

Publications 2... 2 25

Reserve. 80

TOTAL 2 $8800

cent

Page 4

AMERICAN CiVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 461 Market St., San Francisco, 5

Galif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 1818

ERNEST BBSSIG ....... Editor

Entered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879.

Subscription Rates-One Dollar a Year.

Ten Cents per Copy.

Gerald L. K. Smith Speaks

In Bay Area School Houses

Gerald L. K. Smith returned to the bay area

last month but had relatively no trouble secur-

ing the use of public school auditoriums in San

- Francisco, Oakland and San Jose and in exer-

cising his right to freedom of speech. In San

Jose, Smith, for some unannounced reason, failed

to put in an appearance. In Oakland, he had an

audience of several hundred with 1000 pickets.

In San Francisco, the audience numbered about

500, with 2000 pickets.

In San Francisco, the application for use of the

Commerce High School auditorium was made by

the California Nationalists. One board member

at' first opposed granting the permit, because,

contrary to regulations, a collection had been

taken the year before when Smith spoke under

the auspices of the Payroll Guarantee Associa-

tion. It was decided, however, that the Nation-

alists could not be held repsonsible for the

actions of the Payroll Guarantee Association.

"Under the existing law," said the Board's legal

adviser, `there is no legal basis for the denial of

this application," so the permit was granted.

After the permit was granted, the question

arose whether the advertised subject, ``Stalin or

Christ,' was a proper one for the schools, since

they may not be used for religious purposes.

Thereupon, Mr. Smith changed his subject to

"Communism or Americanism," and he took

pains to announce at his meeting that he was

_ making a political address.

No effort was made to take up any collection

at the San Francisco meeting. The audience was

given index cards on which they were requested

to write their names and addresses and give

them to the ushers. Also, free literature was dis-

tributed. It would appear, therefore, that on this

- occasion Smith kept within the terms of his per-

mit. ue

~-One heckler was arrested at the San Francisco -

' meeting and charged with disturbing the peace

and resisting arrest. One hundred and forty

policemen were on guard. Except for the `Ex-

aminer," the local papers were silent about the

meeting.

DISTRICT OF COLUMBIA COURT

FORBIDS JIM CROW ON TRAINS

A second major victory in the fight to end

race segregation on American carriers was scored

when a federal Court of Appeals in the District

of Columbia ruled recently that segregation of

inter-state Negro passengers by railroad com-

anies is illegal. The first major gain was made

ast June when the U. S. Supreme Court out-

lawed segregation on interstate busses.

The suit against the Southern Railway Sys-

tem was brought by. three Washington Negroes

who stated that railroad officials and police

forced them to leave a train in Lynchburg, Va..

because it was reserved for white passengers.

In handing down his decision, Justice E. Bar-

rett Prettyman called attention to the Supreme

Court's ruling and went on to declare that there

is "no valid distinction between segregation in

busses and in railroad cars." His findings re-

verses an earlier District Court opinion.

U. S. SUPREME COURT DENIES APPEALS

_ IN TWO CIVIL LIBERTIES CASES

Appeals in two civil liberties cases involving

the right of an orthodox Jew to refuse to work

on his Sabbath and the legality of holding con-

scientious objectors in civilian public service

camps for more than the twelve month period

pees in the original draft law were dismissed

y the U. S. Supreme Court on October 14.

The appeal of Max Kut, an orthodox Jew of

Cincinnati, Ohio, was turned down by the high

court on the technicality that the State Supreme

Court had decided the case on adequate non-

federal grounds. Kut had sought a reversal of

a ruling by the Ohio State Unemployment Com-

pensation Bureau denying him unemployment

benefits because he would not take a job requir-

ing him to work on Saturday.

The other case refused by the Court involved

the conviction of Daniel B. Dingman, a conscien-

_ tious objector sentenced in Sacramento, Calif...

for walking out of a CPS work camp. The case

had been handled by John F. Finerty of New

York, a member of the Union's Board of Di-

rectors.

have a right to speak.

Annual Membership Meeting Hears Stirring

mm OR

ie Atos s

Address By

alexander

leiklejohn

The annual membership meeting of the ACLU

of Northern California, held at the California

Club in San Francisco on October 18, heard ad-

dresses by Dr. Alexander Meiklejohn and by Mr.

Arthur C. Miller, regional attorney of the Social

Security Administration. Mr. Miller answered

the question, "Under what conditions, if any, is

there a right to strike against the government ?"'

A feature of the program was the presenta-

tion by Bishop Parsons to Magior Marchisio of

Centerville, Calif., of a check for $1000 paid as a

reward for information given to the Alameda

County Sheriff which led to the arrest, convic-

tion and imprisonment on felony charges of Rob-

ert F. Hailey, early this year, on charges of

shooting into the homes of a couple of Japanese

American families.

Following are a few excerpts from Dr. Meikle-

john's stirring address on "Free Speech for To-

talitarians:"

"Why do we give freedom of speech to totali-

tarians? The answer very often given is that

they have a right to it. And it is commonly

assumed in America I think that people have a

right, an unqualified right, an inherent right, a

natural right, the sort of thing the Declaration

of Independence speaks of, a right that was im-

planted in them when they were created by God,

and therefore we say totalitarians being men

I don't agree with the

Declaration if that is what it means. I don't be-

lieve there is any inherent right to speak if you

take it in that sense.

"A lot of Americans seem to think that the

notion of freedom of speech means that any in-

dividual on any occasion has a right to get up

and say what he pleases, in the manner in which

he pleases, and the whole thing is just his in-

dividual right to utter what is in his mind. Well,

I wouldn't be willing myself to base my argu-

ment on that basis because personally I'm quite

sure there is no such right. Where would a

man get such a right? There used to be a no-

tion, but I think it is pretty well gone, that it

was a matter of reason, that a human being

came into the world with the right to speak-

that's nonsense. Men have only the rights which

they acquire from the government to which they

belong. There are no rights except the right

which the government gives, in my opinion, and

the notion of inalienable, natural rights is just

sheer nonsense. .. . Speech as a form of activity

must be justified in terms of its contribution to

public welfare.

"|. . The reason we must have freedom of

speech in America with regard to matters of

public interest is that we are a government

which decides public issues on the basis of pub-

lic discussion by the method which we call vot-

ing. Now, if we're to have intelligent voting as

you try it in the town meeting, what you have to

arrange for is that every point of view which is

relevant to the issue before the people shall be

adequately presented, and so it becomes the busi-

ness of the Moderator of a town meeting not to

see that everybody speaks-God forbid! What

he wants to see is that every point of view

which bears upon the matter before the house

gets a hearing, and the reason he wants every

point of view presented is not that people are

going to enjoy presenting them but because those

who are going to vote cannot vote intelligently

unless every point of view has been presented to

them for consideration. So the purpose of free-

dom of speech is not that everybody should

speak, not that at all, but that every idea that

needs to be considered should be put before the

house for consideration.

" ... Totalitarians should speak in America

just now because we need to hear them, we

Americans. ... We need to hear from those who

see the weaknesses of our democracy.

"People very commonly feel they have to let

a little freedom go to get security, and some

security go to get freedom, to get a balance.

I'm sure that is an utterly false view to get.

They're balancing security against the private

right of the individual. He has to let some of his

private right go for some of his security. But

the freedom of which the first amendment

speaks is not something opposed to security; it

is the first line of defense of security. The men

who wrote our Constitution weren't talking sen-

timental nonsense about freedom. What they

were saying was that the best way that man had

yet devised of doing business and of promoting

the security and the health and the vigor of

community life is by giving freedom of speech,

by having all ideas open for full and explicit

expression. Freedom does not take security;

freedom gives security. It is the first line of de-

-fense, and we must have freedom of speech in

order that people may be secure in all aspects.

"And so I say as members of the American 0x00B0

Civil Liberties Union the danger to freedom of

speech in America is not from those who attack

it,-a few pilfering totalitarians. It's from those

who say they believe in it but never take the

trouble to find out what it is."

Chicago Court Frees Gerald

L.K. Smith of Contempt

The Illinois Appellate Court at Chicago on

October 14th reversed a Municipal Court judge

who had sentenced Gerald L. K. Smith and his

publicity agent to 60 days in jail for distributing

in the court-room a mimeographed press release

attacking the trial of an associate, the Rev. Fr.

Terminiello, suspended Roman Catholic priest

charged with inciting a breach of the peace at a

Smith meeting. Smith contended that only one

copy of the release had been handed by error tc

a reporter in the court-room after distribution

to others in the corridor. The reporter took it

to the trial judge who cited both the distributor

and Smith, the author.

The American Civil Liberties Union attorneys

after examining the eitation, declined to support

Smith on the ground that the contempt had been

committed in the presence of the court and

might fairly be construed as an attempt to ob-

struct the trial. The Appellate Court held that

the trial judge "would not be swayed one way or

the other if he had read the statements" and

that the jury had not seen it.

TRIAL OF GLENDORA, CALIF.

STRIKERS POSTPONED

Judge Pierson M. Hall of the U.S. District

Court at Los Angeles again on October 21 post-

poned until December the government's trial of

60 conscientious objectors for striking last April

at the CPS camp at Glendora, Calif. The trial of

Behre and Atherton, whose refusal to go to a

punishment camp at Minersville, Calif., set off

the strike, has been deferred until December 3.

The thrice-postponed trial against the other 58

strikers is now scheduled for December 10.

The indictments will be eight months old by

the time court proceedings are instituted. The

strike is in protest against lack of pay, trivial

tasks and continued military control of the

camps.

NEXT TO LAST "SCOTTSBORO BOY"

RELEASED FROM PRISON

Almost fifteen years after nine Negro youths

were committed to Alabama prisons for a crime

which they did not commit, the struggle to free

the last two of the "Scottsboro Boys" is nearing

its goal. Clarence Norris was released from pri-

son in September to go live in Atlanta. Haywood

Patterson, the only one of the original nine still

imprisoned, is due for consideration of parole in

a few months.

Dr. Allan Knight Chalmers of New York,

chairman of the Joint Scottsboro Defense Com-

mittee, has been constantly negotiating for

paroles for the remaining men.

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

461 Market Street,

San Francisco 5, Calif.

1. Please enroll me as a member at dues of |f

Pie eee for the current year. (Types of mem-

bership: Associate Member, $3; Annual Mem-

ber, $5; Business and Professional Member, |f

$10; Family Membership, $25; Contributing |;

Member, $50; Patron, $100 and over. Mem-

bership includes subscription to the "American

Civil Liberties Union-News" at 1 a year.)

. I pledge $............ per month........ OF-$2. 8 per yr.

. Please enter my subscription to the NEWS, $1

per: Year)

Enclosed please find $........................... Please bill

po WG cones ice gases secs

SCrGGUs ee

City. and Gone sn ee ee

Re ee Occupation: 3. es.