vol. 12, no. 5

American

Civil Liberties

Union-News

Free Press

Free Speech

"Eternal vigilance is the price of liberty."

Vol. XII.

SAN FRANCISCO, MAY, 1947

No. 5

Fed. Court Bans Segregation

Of Mexican School Children

Segregation of children of Mexican descent by

officials of four school districts in Southern Cali-

fornia was ruled unconstitutional when the Ninth

Federal Circuit Court of Appeals in San Fran-

cisco on April 14 upheld a similar decision by

Federal Judge Paul J. McCormick. The ACLU

and three other organizations had filed briefs as

friends of the court supporting Judge McC: |

mick's ruling. e

The unanimous decision of the seven Federal

justices climaxed the long struggle to prevent

loeal school authorities from herding some 5000

children of Mexican and Latin descent into sep-

arate schools. However, the decision had no ef-

fect upon a California law which permits the

segregation of "Indian children or children of

Chinese, Japanese, or Mongolian parentage."

During the past month, the California Assembly

voted overwhelmingly to repeal this segregation

statute, and the bill, A.B. 1375, is now pending

before the Senate Educational Committee.

Judge Albert Lee Stephens, speaking for the

Court, stated that "the fact stands unchallenged,"'

that California not only had no law "authorizing

the segregation as practiced" but to the con-

trary "has enacted laws wholly inconsistent with

such practice." Judge William Denman, in a con-

~ curring opinion, stated that "school officials bra-

zenly proclaim their guilt in their discriminatory

violation of state educational laws" and in effect,

say: "Well, what are you going to do -about it?"

In his opinion, he took the trouble to call the

the matter to the attention of the Presiding Judge

of the federal court in Los Angeles and to the

Grand Jury for prosecution.

If the Orange County precedent were accepted,

said Judge Denman, "Hitler's anti-Semitism

would have a long start in a country which gave

its youth to aid in its destruction."

U. S. Supreme Court Will

Review Calif. Alien Land Law

A major victory in the long bitter struggle of

Japanese aliers in the U. S. to recover land con-

fiscated by California under its alien land law

was scored April 7 when the U. S. Supreme

Court announced it would review the issue.

The ACLU had submitted a brief urging the

Court to review a California high court ruling

which upheld the right of the State to seize

the land of Fred Y. Oyama and Kjiro Oyama. .

The brief argued that the alien land law deny-

ing ownership or use of land by "persons in-

eligible for citizenship", is discriminatory and

unconstitutional because its enforcement is aim-

ed largely at persons of Japanese ancestry.

The Court's decision will affect disputed real

estate rights not only in California but in 14

other states which have similar alien land laws.

The State of Utah repealed its alien land law

last March.

Dodger Head Lauded on Hiring Negro

Branch Rickey, director of the Brooklyn

Dodgers, was praised by the New York City Civil

Liberties Committee on April 11 for his prece-

dent-making step in bringing Jackie Robinson,

Negro ball player, to the Brooklyn club. Rickey's

action is the first ever taken to break the tacit

ban against hiring Negro ball players to play on

major league teams.

The Brooklyn director's example was applauded

by the Committee as challenging racial discrim-

ination in baseball and paving the way for other

Negro players. "If baseball is to remain the na-

tional game," the Committee declared, "it will

have to square its practices with our country's

democratic professions."'

Statement On Legislation To Outlaw The Communist Party,

Adopted By The A.euro.L.U. Board of Directors -

Various proposals are pending before the

House Un-American Activities Committee aimed

at outlawing the Communist Party (H.R. 2122) ;

barring Communist or pro-Communist propa-

ganda from the mails, making unlawful the teach-

ing, advocacy or the approval of Communist

ideology in the educational system (H.R. 1884) ;

and prohibiting federal employment to members

of organizations deemed "subversive of the gov-

ernment of the United States" (H.R. 2275).

The present drive directed against Communists

and the Communist Party apparently arises from

the fear that the existence of the Communist

movement in this country, coupled with its rapid

expansion abroad, threatens our form of govern-

ment. Whatever the merits of this argument, the

Union strongly opposes as undemocratic and in-

effectual these punitive bills.

Our past position has made clear that in de-

fending free speech for Nazis, Fascists and Com-

munists, the Union is committed solely to the

defense of democracy by opposing all violations

of the Bill of Rights from any source whatever.

In this impartial defense, the Union has followed

a creed to which both Communism and Fascism

are opposed. In our view, adherence to demo-

Distributor of Political Leaflets

Convicted in Oakland; Appeal Taken

An appeal has been taken from the decision of

Oakland Police Judge Joseph A. Kennedy finding

Herbert F. Steiner, State Organizer of the So-

cialist Labor Party, guilty of distributing political

literature on the streets of Oakland without a

permit. He was sentenced to a fine of $25 or five

days in jail, and is at liberty on $200 bail.

Steiner was arrested February 14 at 14th and

Washington Streets while distributing political

handbills. He was prosecuted under an ordinance

regulating the distribution of advertising matter

on private property. It provides that no adver-

tising may be distributed without first procuring

a "distributor's permit number," which must be

placed on the advertising matter that is dis-

tributed.

It is now well established by a series of Jeho-

vah's Witness leaflet cases that no permit may be

required for the distribution of political or re-

ligious literature. As applied, the ordinance in

question would seem to be a clear violation of

freedom of speech and of the press.

Also convicted under the same ordinance were

three men who distributed handbills advocating

a more efficient and militant prosecution of the

AFL clerk's strike against two Oakland depart-

ment stores.

" The Steiner case is being handled by ACLU

attorney Clarence E. Rust of Oakland.

~ ACLU Backs House Bill to End

"Jim Crow' Travel Restrictions

Public hearings on a bill sponsored by Rep.

Adam Clayton Powell to prohibit segregation in

interstate travel were urged recently on Charles

A, Wolverton, chairman of the House Interstate

and Foreign Commerce Committee by the ACLU.

"Tf the United States is to maintain its stand-

ing in international relations as the foremost

champion of democracy," the Union declared,

"it behooves us to make our practices here at

home square with our professions. Clearly, open

hearings on H.R. 280 are called for so that the

Congress may have the opportunity to remedy an

intolerable situation whereby American citizens

are subjected to discrimination, humiliation and

inferior accommodations solely on the basis of

their skin color."

cratic doctrines obligates us to defend the rights

of those who would suppress civil liberty if they

came to power.

Bills like those denying the use of the mails

to alleged Communist or pro-Communist litera-

ture are such flagrant violations of free speech

that they deserve no. extended comment. Un-

doubtedly the courts would hold these measures

unconstitutional. :

In view of the President's Executive Order on

loyalty in government employment to which we

have registered certain objections, bills to pro-

hibit federal employment to those of doubtful

loyalty will not be considered here. The Union

has appointed a special committee to study and

propose changes needed to safeguard govern-

ment employees in the legitimate exercise of their

civil rights. .

We therefore address our comments to the

more seriously considered proposals to outlaw

the Communist Party. To discriminate against

Communists in this manner would be, in our

judgment, to sacrifice the principle of democracy

on which our system of government is based.

From a practical standpoint, moreover, it is -

doubtful whether complete control and suppres-

sion can be achieved. The following points should

be considered:

1. A serious danger evident in all these pro-

posed bills is that their loose definitions of Com-

munism, subversive activity and disloyalty may

be used to suppress sincere liberal thought. So

wide an area of discretion is left to public offi-

cials that they may make any interpretation

which prejudice may inspire. Such accusations

have been brought in the past against those not

entirely in accord with the prevailing system and

against others who have advocated changes at

variance with the beliefs of the majority. Ob-

viously, it cannot be maintained that to advocate

change in the status quo is proof of either sub-

version or disloyalty.

2. United States Supreme Court decisions

make it amply clear that utterances unaccom-

panied by "a clear and present danger" to the

safety of the country are protected by the Bill

of Rights. This protection extends even to mem-

bers of the Communist Party and their sym-

pathizers. Certainly the right to advocate change

in our form of government includes the right to

belong to a political party and to run for office.

3. The ban against Communists has been de-

fended on the ground that it is better to sup-

press them first than to risk the loss of all demo-

cratic rights if they come to power. No more

fallacious argument can be made, for to accept

this view is to practice the very same totalitarian

policy we so abhor in Communism.

4. Finally, outlawing the Communist Party by

name would be futile. The Party could change its

name as it has done in the past, and through

subterfuges escape control.

Propaganda alleged to be subversive can best

be combatted in the open market-place of thought.

To curb the right to speak and to meet freely is

to incur the dangers inherent in underground

political movements. History makes it clear that

suppression fosters rather than discourages the

very subversive conspiracies against which these

current proposals are aimed. In the words of

Thomas Jefferson: "It is time enough for the

rightful purposes of civil government for its offi-

cers to interfere when principles break out into

overt acts against peace and good order."-New

York, March 24, 1947. ;

Page 2

- AMERICAN CIVIL LIBERTIES UNION-NEWS

ACLU Talks With Att'y Gen'l

Clark on Loyalty Orders

Attorney General Tom C. Clark conferred

April 11 Ait representatives of the ACLU,

James Lawrence Fly, ex-chairman of the Federal

Communications Commission, and Raymond L.

Wise, former special U. 8S. attorney who present-

ed "procedural recommendations to protect the

civil liberties of individuals covered by the Presi-

dent's Executive Order on loyalty in govern-

ment employment." oe

Stressing that "it is no violation of civil liber-

ties for the United States to discharge or refuse

to hire a person, of proven disloyalty , the Union

warned against witch-hunting and submitted. a

score of specific amendments termed "essential

to insure fair hearings and protect the freedom

of expression and association of federal em-

loyees."

: The Union's spokesmen maintained that the

unlimited power given to the Attorney General

to designate blacklisted organizations was the

greatest threat to civil liberties'. To meet this

danger, the Union advocated creation of an ad-

visory panel of "well known citizens to act as

judges to determine whether an organization

should be blacklisted."

Other specific recommendations of the Union

include: the accused's right to be represented by

counsel, not merely "accompanied" as the Order

now provides; to confront witnesses and examine

documents; to receive a specific statement of

charges and time to prepare defense; to be fur-

nished with transcribed copies of the hearings

and be notified in writing of the loyalty board's

findings. The Union also seeks a period of limi-

tation on past membership in blacklisted organ-

izations; definition by the Attorney General of

- "gybversive" and `totalitarian"; and considera-

tion of activity in a suspected organization, not

mere membership alone, as a criterion of dis-

loyalty. The right of all employees to appeal a

finding of disloyalty is also sought.

The Union emphasized that these protections

should extend to prospective employees whose

appointment is questioned for reasons of loyalty.

"The selection of proper personnel for loyalty

boards", the Union concluded, "will determine

' whether the Order will benefit the federal serv-

ice or create the myriad injustices which follow

in the wake of every indiscriminate witch-hunt.

U. S. Press Freedom in Danger

Commission Finds |

The freedom of the American press, radio and -

motion pictures is in danger because of their

marked failure to meet the needs of our society,

according to the Commission of Freedom of the

Press which made its conclusion public March 28

in the first of six volumes dealing with American

mass communications media.

Headed by Chancellor Robert M. Hutchins of

the University of Chicago and twelve distinguish-

ed educators, philosophers and social scientists,

the Commission traced the danger to freedom of

the press to three chief sources: 1) "the eco-

nomic structure of the press;" 2) "the industrial

organization of modern `society; and 3) "the

failure of the directors of the press to recognize ~

the press needs of a modern nation and to es-

timate and accept the responsibilities which these

needs impose upon them."

The report proposes 13 corrective measures to

be taken in part by the Government, the owners

of the press and by the public. Extension of free-

dom of the press to include radio and motion pic-

tures as recognized media for the communica-

tion of ideas is urged. The Commission further

prescribes: revision of libel laws; encouragement

of new ventures to increase competition and pre-

vent monopoly; repeal of sedition laws where

there is no clear and present danger that violence

may result; and establishment of an independent

agency to appraise and report annually upon the

performance of the press.

The ACLU, evaluating the Commission's study,

finds it a "dispassionate and searching inquiry

of a most fundamental liberty-freedom of ex-

pression." Said the ACLU, "The Union's own

findings, based on years of experience in com-

batting threats to the free flow of ideas, cor-

roborates the Commission's conclusions. If the

report errs, it is on the side of caution. It does

not stress sufficiently the unhappy trend to

monopoly now evident in all the fields of com-

munication. The Union is convinced of the neces-

sity of continuing to press not only for remedial

legislation but also for the more extensive appli-

cation of anti-trust laws to limit communication

combines."

Union's Board of Directors States lis Position

On Loyaliy Tests for Federal Employment

Under date of March 21, 1947, a Presidential

Executive Order was issued prescribing proce-

dures for the administration of an Employees'

Loyalty Program. The "whereas" clauses state

that unswerving loyalty to the United States

on the part of Federal employees is of vital im-

portance and that protection must be afforded

against "infiltration of disloyal persons."

Part I deals with the investigation of appli-

cants and provides that such investigation shall

be conducted by the Civil Service Commission

where the position is competitive, and by the

Employing Department where it is not. Investi-

gations may be conducted after employment.

Kmployment in such cases is on a provisional

basis and the investigation must be completed

within 18 months, Provisions for appeal by an

applicant are vague and need clarification.

In connection with the investigation, reference

is to be made to various files, such as the FBI,

the War Department, the Navy Department,

etc. and also to sources of opinion as to the

former life of the applicant. Reference shall also

be made to the files of the House Committee on

un-American Activities. If derogatory informa-

tion' is revealed, a full field investigation shall

be conducted.

Part II deals with the investigation of 'em-

ployees. The Head of each department and

agency is made responsible for the program in

his department or agency. Where he does not

have investigative facilities, he is to utilize the

facilities of the Civil Service Commission.

Each department and agency head is to ap-

point one or more three-member Loyalty Boards.

He is to prescribe regulations for the conduct

of proceedings before such Boards with the fol-

lowing minimum requirements:

An employee under charges is to be entitled

to a hearing before the Loyalty Board and `may

be accompanied by counsel or representative of

his own choosing." He may present evidence

through witnesses or by affidavit. He shall be

served with a written notice in sufficient time

and be informed of the nature of the charges in

sufficient detail to enable him to prepare his

defense, The charges shall be stated as speci-

fically as security considerations permit. The de-

fendant shall have the right to reply in writing

within a reasonable time and shall be apprised

of his right to the foregoing procedure.

A recommendation of removal is subject to

appeal to the head of the department or agency.

Appellate regulations may be prescribed by such

_ department head and his decision in turn shall

be subject to appeal to the Civil Service Com-

mission's Loyalty Review Board, whose decision

shall be advisory. The Department head may

suspend an employee pending the determination

of the hearings.

`The department Loyalty Boards must supply

the Loyalty Review Board with such reports

as may be requested.

Part III deals with the responsibilities of the

Civil Service Commission, The latter is to estab-

lish a Loyalty Review Board which is to make

its own rules and regulations not inconsistent

with the general provisions of the Order. The

Loyalty Review Board is also to advise depart-

ments, disseminate information, coordinate po-

licies and make reports.

The Civil Service Commission is to maintain

a central master index covering all persons on

whom loyalty investigations have been made

since September 1, 1939.

The Loyalty Review Board is to be furnished

currently by the Department of Justice with the

name of each `foreign or domestic organization,

association, movement, group or combination of

persons which the Attorney General after appro-

priate investigation and determination designates

as totalitarian, Fascist, Communist or subver-

sive, or as having adopted a policy of advocat-

ing or approving the commission of acts of

force or violence to deny others their rights

under the Constitution of the United States, or

as seeking to alter the form of Government of

the United States by unconstitutional means."'

Part IV deals with security measures in in-

vestigations. Government investigating agencies

shall make available personally to the head of

any department or to any designated officer so

requesting all investigative material concerning

an employee. However, the agency may refuse

to disclose the names of confidential informants

if it is essential to the protection of the in-

formants or to the investigation of other cases.

This shall be done only where "essential", and

the agency must furnish sufficient information

about the informant on the basis of which the

requesting department `can make an adequate

evaluation of the information furnished."

Part V deals with standards for refusal of

employment or removal from employment. Such

action shall be justified when `on all the evi-.

dence reasonable grounds exist for belief that the

person involved, is disloyal to the Government

of the United States." Activities and associations

which may be considered in determining dis-

loyalty include:

"A. Sabotage, espionage, or attempts or

preparations therefor, or knowingly associat-

ing with spies or saboteurs;

B, Treason or sedition or advocacy thereof;

C. Advocacy of revolution of force or viol-

ence to alter the Constitutional form of Gov-

ernment of the United States; ;

D. Intentional, unauthorized disclosure to

any person, under circumstances which may

indicate disloyalty to the United States, of do-

cuments or information of a confidential or

non-public character obtained by the person

making the disclosure by the Government of

the. United States;

EK. Performing or attempting to perform his

duties, or otherwise acting, so as to serve the

interests of another government in preference

to the interests of the United States;

F. Membership in, affiliation with or sympa-

_ thetic association with any foreign or domestic

organization, association, movement, group or

combination of persons designated by the At-

torney General as totalitarian, Fascist, Com-

munist, or subversive, or as having adopted

a policy of advocating or approving the com-

mission of acts of force or violence to deny

other persons their rights under the Constitu-

tion of the United States, or as seeking to

alter the form of Government of the United -

States by unconstitutional means."

Part VI deals with miscellaneous provisions.

Each department which has not done so shall

`submit to the F.B.I. the names of all of its*em=- ee

ployees. The F.B.I. shall check such names

against its records and inform each department

of the result of its check. Each department shall

thereafter make or cause the Civil Service Com-

mission to make such investigation as shall be

deemed advisable.

The Security Advisory Board of the State-

War-Navy Coordinating Committee shall draft

rules in respect to confidential documents.

The Order is not applicable to persons sum-

marily removable under the Act of December 17,

1942, or the Act of July 5, 1946.

The War, Navy and Treasury Departments,

the latter in respect to Coast Guard, are directed:

to enforce the highest standards of loyalty in

the Armed Service pursuant to the applicable

statutes. The Order is effective immediately and

Executive Order 9300 of February 5, 1943 is

revoked.

COMMENTS

_ It is beyond question that persons employed

in the federal service must be completely loyal

to the United States. It is no violation of civil

liberties for the United States to refuse employ-

ment to or discharge a person on the ground of

proven disloyalty to the United States. However,

it is of the utmost importance that persons

should not be refused employment or discharged |

from: employment by `the United States solelv

for the exercise of their civil rights of freedom

of expression or freedom of association not

amounting to disloyalty.

The grave danger to civil liberties, therefore,

is not in the basic policy announced by the

Order but in some of its substantive and pro-

cedural provisions or their application.

The greatest threat to civil liberties lies in

the power given the Attorney General to desig-

nate, after investigation, organizations for black-

listing.. The power is without limit. There is not

even any requirement that the list be made

public so that an individual affected might not

innocently join an organization already on the

blacklist. No standard is set up by which the

Attorney General is to make his determination

as to what organizations are subversive or to-

talitarian, These words should be precisely de-

fined before organizations are charged with

being of that character. No procedure is out-

lined for him to follow and there is no way of

reviewing his decision. While membership in a

(Continued on Page 4, Col. 2)

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Legionnaires Seek to Deny Use

Of Centers to Communists

Following a ruling by District Attorney Ralph

E. Hoyt Bh Alawibde county upholding the right

of the Progressive Citizens of. America, an al-

leged Communist front organization, to use the

Berkeley schools as meeting places, under the

Civic Center Act, the Campanile Post of the Am-

erican Legion adopted a resolution urging legis-

lation to bar any person or group advocating "any

form of government foreign to the existing gov-

ernment of the United States of America."

It is difficult to see how such legislation, could

pass the Constitutional test, and the Union does

not expect that such restrictive legislation will

be adopted at the present session of the State

Legislature. On the other hand, the Act could be

repealed, but that would arouse opposition from

hundreds of groups who are acceptable to boards

of education. Thus far, no legislation has been

introduced that would exclude Communists and

fellow travellers, or repeal the Act.

Hoyt's opinion rested on the State Supreme

Court decision of last June in the so-called San

Diego Civic Center case, handled by the ACLU,

and declared: "As long as this decision stands

or until the Legislature sees fit to revise the Civic

Center Act (dedicating school buildings as free

speech centers), we are compelled to conclude

that your board cannot deny the use of school

buildings to persons or groups because they ad-

vocate the overthrow of the Government by force

or violence." S

The Berkeley board had asked for an opinion

after Legion representatives appeared before it

to protest use of the Garfield Junior High School

auditorium by the PCA last March 21.

In the second case, during the past month, the

Oakland, Board of Education at first held up and

then granted the use of the Merritt Business

School auditorium to the Alameda County Com-

munist Party.

In both cases, the ACLU of Northern Califor-

nia called attention to the decision of the State

Supreme Court in the San Diego case where the

court declared: `The convictions or affiliations of

one who requests the use of a school as a forum

is of no more concern to the school administrator

than to a superintendent of parks or streets if the

forum is the green or the market place... . It is

true that the state need not open the doors of a

school building as a forum and may at any time

_ choose to close them. Once it opens the doors,

however, it cannot demand tickets of admission in

the form of convictions and affiliations that it

deems acceptable."

San Jese Police Chief Bans Nudist

Magazine Sight Unseen

Police Chief Ray Blackmore of San Jose last

month ordered the distributor of "Sunshine and

Health," the official Nudist magazine, to with-

draw the publication from news stands. His

action was part of a so-called clean-up campaign

in which the spicy, sexy magazines were left un-

touched. The Chief has admitted that before is-

suing his order he hadn't even bothered to ex-

amine a copy of the magazine.

Of course, the Chief contends that the maga-

zine he hasn't seen, but which has been described

to him, is obscene, and he threatens to arrest the

distributor if the magazine is sold in the city.

Not wanting to be prosecuted, the distributor was

quite willing to sacrifice the Nudist publication

so long as his other periodicals escaped unscathed.

The Chief claims the City Attorney supported

him in his action. In any case, without the de-

cision of a judge or jury, the Chief of Police has

established himself as the judge of what is ob-

scene in his city. His proper course would be to

make an arrest and leave the issue to a jury. The

chances are, however, a jury would acquit, as

they did in a similar prosecution in Los Angeles

a couple of months ago. Thus, the censor marches

on. e

Puerto Rican Editor Cleared of

Contempt by P.R. Supreme Court

Puerto Rico's Supreme Court absolved Vargas

Badillo, editor of `El Mundo," the island's lead-

ing newspaper, of contempt of court charges

brought against him in a lower court for publish-

ing an editorial criticizing a district court's de-

cision. The High Court's ruling, delivered April

1, also voids an old contempt law forbidding com-

ments on terminated judicial matters. Badillo

was supported by the Union which entered the

case as a friend of the court.

Although the contempt charge had been

- dropped in the lower court, Badillo was fined one

dollar for publishing "a false and grossly in-

accurate news item.' The Supreme Court re-

versed the fine and censure of the lower court.

Brass Hats' Wartime Rule

Exiling Civilian Upheld

A military commander has the right during

wartime to remove by force a U.S. citizen living

in his command without benefit of trial or power

of martial law, according to the recent decision

of the U.S. Circuit Court of Appeals in San

Francisco. Its ruling reversed a lower court which

granted $100 damages to Homer G. Wilcox

_ leader of "Mankind United", a religious sect, or.

the ground that he had heen illegally ejected

from his home by Lieutenant General J. L. De-

Witt, wartime commander of the Western De-

fense area.

The ACLU which has supported Wilcox in

both courts will assist an appeal to the U.S.

Supreme Court.

In overuling the lower court, the Circuit Court

declared that since Wilcox was engaged in sedi-

tious activity, the civilian remedy of criminal.

trial with baii and appeal was not a sufficient

safeguard against possible illegal activities. Said

the Court: "It appears that Wilcox, after his

removal order and before removal, was indicted

and tried for treason (and, incidentally, con-

victed) and during his prosecution, and even

after conviction, was released on bail, thus

throwing on General DeWitt the added burden

of a military surveillance of Wilcox's activities."

The Court interpreted the Presidential Execu-

tive Order as giving DeWitt power to use his

troops to enforce the removal of dangerous

persons, The lower court had decided that the

General's act exceeded powers given him by

either Congress or the President. It held that

the sole means of enforcing Wilcox's removal

was to try him in civilian courts on charges of

violating the military's order. The Union had

hailed this interpretation by the lower court

as a "noteworthy victory upholding our tradi-

tional American policy of civilian over military

control."

Legal Support to Be Given |

New Jersey Phone Workers

Legal support for New Jersey's 12,000 striking

telephone workers was promised by the ACLU

last month which condemned the State law bar-

ring strikes in public utilities as "hastily drafted.

and clearly unconstitutional." Three of the tele-

phone union leaders were scheduled to be tried

April 23 by a three-judge statutory court in New-

ark for violating the recently passed anti-strike

amendment. The act provides for fines and jail

sentences for invidual violators and a fine of

$10,000 a day for the striking union.

Samuel L. Rothbard and Emil Oxfeld, Newark

attorneys, have submitted a brief for the Union as

a friend of the court, attacking the New Jersey

law as violating the Thirteenth Amendment of

the Constitution, which prohibits forced labor,

and the Fourteenth Amendment, which prohibits

`interference with the right to picket peacefully.

ACLU spokesmen maintain that since the pub-

lic does not set wages, hours and working con-

ditions of private utilities employees, the right of

such workers to strike is defensible as "the only

effective form of action, regrettable as is its effect

on the public's convenience."

12 Negro Families Collect Damages

For Unlawful Searches in Vallejo

Final settlement was made late last month of

claims filed nearly a year ago against the Vallejo.

Housing Authority by twelve families residing

in the Chabot Terrace Housing Project. Claim-

ants had charged violation of their civil rights

when their homes were entered and searched

without warrants by Solano County deputy sher-

iffs following the murder of Dwight E. Haywood,

Chabot Terrace grocer. The residents charged

that the Housing Authority was responsible since

it was at the order of the Executive Director that

pass keys were issued to the deputy sheriffs.

During the raid which took place on the after-

noon of May 17, 1946, nearly one hundred homes,

all of Negro families, were entered and searched.

Although a subsequent coroner's investigation

failed to disclose any witness who could sub-

stantiate the rumor, sheriff's deputies acted on

the alleged statement of unknown persons to the

effect that Negroes had been seen fleeing from

the scene of the crime.

The incident received nationwide publicity

when the American Civil Liberties Union of

Northern California demanded an investigation

by the U. S. Attorney General. The settlement,

made out of court, included the payment of twen-

ty-five dollars to each claimant for violation of his

civil rights, plus separate payments to two fam-

ilies who had suffered loss of personal property.

or legally resident

A Progress Report on Pending

Japanese Test Suits Se

As we go to press, a decision from J udge Louis

Goodman of the U. S. District Court in San Fran-

cisco is expected momentarily in the Nisei citizen-

ship renunciation cases. A written opinion is ex-

pected covering both the detention and citizenship

issues.

In the cases of the 36 Japanese aliens whom the

government is seeking to remove to Japan as en-

emy aliens, attorney George Olshausen of San

Francisco was scheduled to argue the matter in

the U.S. District Court in Philadelphia on April 28.

Several of the Japanese included in the case, who

have been detained for five years, have recently

been released. :

The immigration test suits involving Japanese

hardship and treaty trader cases, which affect

hundreds of persons, are scheduled for argument

before Judge Louis Goodman in the U. S. District

Court in San Francisco the latter part of May.

In the cases of Peruvian Japanese, whom the

U. S. government brought to this country from

Peru and is now seeking to deport to Japan as

illegal entrants into the United States, attorney

Wayne M. Collins of San Francisco has just sent

pleas to the President of Peru, cabinet members,

and members of the Senate and Chamber of Dep-

uties, urging that these unfortunate people be

allowed to return to Peru. Some two hundred let-

ters were sent to Peru by Air Mail.

Proposed Bill Would Extend Relief

To Japanese Deportation Cases

At the request of the Department of Justice,

Chairman Frank Fellows of the House Judiciary

Committee's Standing Subcommittee on Immigra-

tion and Naturalization last month introduced

H. R. 2933 which would eliminate race discrimin-

ation from our deportation laws.

Under the proposal, the Attornel General may

Suspend deportation of aliens who have "proved

good moral character for the preceding five

years" if he finds "that such deportation would

result in serious economic detriment to a citizen

alien who is the spouse, parent,

or minor child of such deportable alien:" or, if

"such alien has resided continuously in the United

States for seven years or more." In a few situa-

tions a ten-year statute of limitations would -

apply.

The proposal would also outlaw so-called pri-

vate bills to prevent the deportation of particular

aliens, "except in the case of an alien who is out-

side the United States."

No one can forecast with certainty what will

become of this bill, and it may be many months

before a decision is reached. However, if the

proposal does become law, it will afford relief in

the hundreds of Japanese cases in which deporta-

tion has been stayed pending the final determin-

ation of test suits.

Test of Native Language Right

Seen in Pending Nomination

_ Confirmation of Mariano Villaronga as Com-

missioner of Education of Puerto Rico has been

" urged by the ACLU, upon Guy Cordon, chairman

of the Senate Sub-Committee on Territories, The -

Union, viewing approval of Villaronga's appoint-

ment as a test of American acknowledgement of

the right of colonial peoples to conduct schools

in their native language, declared:

"We understand that the only issue raised con-

cerning the confirmation is Villaronga's an-

nounced intention of changing the system of in-

struction to provide that teaching in Puerto

Rican public schools shall be in the Spanish -

language, with English as a compulsory subject."

The Union further stated that "Spanish-language

teaching is sound public policy both from the

standpoint of the rights of the Puerto Rican

people to their own culture and of effective edu-

cational practice." Drawn by the Union's Com-

mittee on Civil Rights in American Colonies, the

letter bore the signatures of Arthur Garfield

Hays, ACLU general counsel, Laurence Duggan,

director of the International Inst. of Education,

Bailey W. Diffie and Paul Blanshard, members of (c)

the Union's committee. The choice of English or

Spanish as the chief language of instruction has

aroused considerable feeling in Puerto Rico. The

District Court recently nullified in effect Presi-

dent Truman's tardy veto of a measure voted

overwhelmingly by the territorial legislature to

teach in Spanish. The Court ruled that the veto

had not been exercised within the 90-day period

required by law. The ACLU supported the con-

tentions of the Puerto Rican claim and has prom-

ised further support if the issue is raised in the

appellate courts.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS -

American Civil Liberties Union-News

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

Calif., by the American Civil Liberties Union

of `Northern California.

Phone: EXbrook 3255 -

ERNEST BBSIG ...... : Hditor

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.

Twenty-Two Glendora C. O.

Strikers Win Paroles |

Twenty-two conscientious objectors prosecuted

by the government in connection with a work

strike at the Glendora, California, Civilian Pub-

lic Service Camp, won paroles from Judge Char-

les Cavanaugh in the U. S. Court in Los Angeles

in two separate trials March 24 and March 28.

Two defendants, Atherton and Behr, tried sep-

arately for their refusal to transfer to what they

termed a "punishment camp," were given a two-

year suspended sentence and paroled in the cus-

tody of their parents. The other defendants who

had supported Atherton and Behr in their re-

fusal were sentenced to 11 months in prison for

a work strike begun a year ago in protest against

payless labor, lack of relief for dependents, In-

consequential work and control of C. P. S. camps

by military personnel. Instead of committing

them to prison, the Court placed them on pro-

bation for two years. All the men had been

freed on bail provided by the Union since the

case was first brought into the courts. -

Meanwhile, pointing to the expiration of the

Selective Service Act, March 31, the ACLU last

month urged Attorney General Tom C. Clark to

recommend paroles for all conscientious objectors

convicted and still imprisoned for violation of the

Selective Service Act.

Women's Status Bill

Wins ACLU Support

"The best, and in the long run, the quickest

method of obtaining equal civil rights in law for

women," is the Women's Status Bill (H.R. 2007)

said Dorothy Kenyon, chairman of the Union's

Committee on Discrimination Against Women in

Employment, announcing the Union's support of

the bill.

Now in the House Judiciary Committee and

introduced in the Senate as a joint resolution by

Senator Taft, the measure has bi-partisan backing

and the support of all women members of Con-

gress. It will create a Presidential commission

to report on the status of women in the United

' States so that differential treatment of the sexes

will have a rational foundation based only on dif-

ferences in physical structure, biological or social

functions. It also calls for a declaration of public

151-

policy prohibiting distinctions on the basis of sex,

and requires the federal government to review its

regulations and practices to make them square

with this policy.

Miss Kenyon stated: "In supporting the bill,

the ACLU affirms its belief that the rights of

human beings are irrespective of sex, race, na-

tionality, religion or opinion, and that everyone

has the right to protection against arbitrary dis-

crimination on any of those grounds. The

Women's Status bill, by offering effective means

for removing legal and administrative bars to

the employment of women but preserving pro-

tective legislation, is a better approach than the

so-called Equal Rights amendment which would

jeopardize such hard won gains."

The Union has opposed the so-called "equal

rights' amendment as "sure to jeopardize a

3 great body of valuable social and labor legisla-

tion without producing anything significant in

the field of civil liberties in its stead."

Other members of the ACLU's committee in-

clude Dorothy Dunbar Bromley, Walter Frank,

Fannie Hurst, Dr. Emily Hickman, Mrs. Henry

Goddard Leach, Professor Alonzo F. Myers and

Osmond K. Fraenkel.

Telephone Troubles

During the past month the work of the

Union has been disrupted by the telephone

strike. The current telephone directory lists

the Union's old number, so, when it is

called, it is necessary for an operator to give -

the correct number. Since operators are

`searce, it very often happens that there is no

answer when the old number is called. If

you want to get in touch with the ACLU

without delay, please dial our new number,

EXbrook 3255.

Union's Board of Directors States lts Position

On Loyalty Tests for Federal Employment

(Continued from Page 2; Col. 3)

blacklisted organization is to be only one of

the elements to be considered in determining

disloyalty, in practice, the tendency of Loyalty

Boards may be automatically to discharge any

one definitely associated with a blacklisted or-

ganization.

1. In the main, the activities set forth in Para-

graphs A through D in Part.V as standards of

conduct which may be considered in determining

disloyalty are not subject to criticism.

2. Paragraph (E) of Part V should be clari-

fied in the regulations implementing the Order

so as to confine the acts proscribed to those

which are hostile to the interests of the United 0x00B0

States.

3. Paragraph (F) of Part V, however, is sub-

ject to widespread abuse, Under subparagraph

3 of Part III, the Attorney General is empower-

-ed "after appropriate investigation" to designate

organizations, for blacklisting. This determina-

tion of the Attorney General is then used in

connection with determining one of the standards

of rejection or dismissal. "Membership in, affi-

liation with or sympathetic association with"

any organization, etc. so designated by the At-

torney General may be considered in connection

with the determination of disloyalty. This vital

defect in the program and policy of the Order

can be cured only by requiring that the Attorney

General, before coming to a determination as to

which organizations are to be placed on the

blacklist, should give the affected organization

all the procedural rights afforded by Part II

of the Order plus such additional safeguards as

we hereinafter recommend. In other words, the

suspect organization should not be blacklisted

by the Attorney General except after a hearing

which observes all of those safeguards commonly

regarded in our system of jurisprudence as ne-

cessary to insure due process of law. It is sug-

gested that the Attorney General create an ad-

visory panel of well known citizens outside Gov-

ernment service to act as hearing judges in

hearings conducted to determine whether an or-

ganization should be blacklisted. As far as fea-

sible the list of proscribed organizations should :

be made public.

In this connection, in cases where the organ-

ization in question had not yet actually been

blacklisted, dismissal for disloyalty would not

be warranted unless it was proved that the em-

ployee had knowledge of the character of the

organization with which he is connected.

Before actual proscription by the Attorney

General after hearing as herein suggested, the

person affected should have the right to offer

evidence of the character of the organization.

Mere proscription by the Attorney General,

however, cannot be considered a substitute for

actual knowledge unless the organization charg-

ed has been blacklisted after a hearing in the ,

manner and form herein suggested.

_ Furthermore, while it is true that member-

ship in a proscribed organization "may be con-

sidered in connection with the determination of

disloyalty" under the terms of the Order, little

weight should be attached to mere membership.

The real criterion should be whether the acti-

vity of the employee in connection with the

blacklisted organization was such as to prove

him to be disloyal.

Past membership in organizations, terminat-

ed in good faith without reference to the im-

minence of disciplinary proceedings, should not

be regarded as evidence of present disloyalty.

4. The minimum. procedural requirements as

set forth in Part II of the Order, however, are

insufficient.

Before being required to attend the hearing,

the employee should be entitled to something in

the nature of a bill of particulars if the charges

with which he has been furnished are not suf-

ficiently clear.

It should be made clear that the employee may

not only be "accompanied" by counsel but may

be represented by counsel.

In addition to the right to present evidence,

he should, of course, have the right to cross-

examine witnesses. Evidence not fully disclosed

at the hearing should in no event be considered

in connection with any determination of dis-

loyalty; while reports by undercover agents and

confidential informants may be needed in order

to develop direct evidence, these secret reports

should not themselves be used as a substitute

for evidence which can be attacked by the af-

fected individual and properly weighed by the

tribunal.

_The affected employee should be given the

right to subpoena witnesses on his behalf and

compel the production of relevant documents or

other physical evidence in so far as security

considerations permit. Where witnesses reside at

sizeable distances from the place of hearing, the

taking of depositions should be facilitated by the

assistance of local branches of the department

or agency involved.

A stenographic record of the hearing should

be kept and the employee should be entitled to

copies thereof at Government expense as ex-

peditiously as the Government receives such

copies.

An employee should not be dismissed except

when a reasonable preponderance of the evidence

shows that he is disloyal.

Upon termination of the hearings, findings of

fact and the decision should be made in writing

and a copy furnished to the employee.

In connection with any appeal, a sufficient

length of time should be allowed for the proper

preparation of the record on appeal and the

employees or his counsel should be afforded full

access to exhibits. The employee should be al-

lowed to file a brief on appeal. If successful,

that is to say if the employee is not discharged,

the entire cost of the proceeding should be borne

by the Government, as otherwise the victory

may prove to be an empty one. Suspension should

be with pay, until final decision.

_5. A person otherwise qualified whose eligi-

bility for appointment is in question solely be-

cause of doubts:as to his loyalty, should be ac-

corded all the procedural rights including hear-

ing and appeal which have herein been recom-

mended as to employees.

6. In formulating charges, the Civil Service

Commission and the heads of employing depart-

ments or agencies should be cautioned particu-

larly against reliance upon the use of hearsay

evidence and irrelevant and unreliable material.

CONCLUSION

Before the Order is actually put into effect,

all conceivable safeguards should be carefully -

worked out in the greatest detail in order to in-

sure fair hearings and proper standards for re-

fusal of or removal from employment. Espe-

cially should the Loyalty Boards exercise the

utmost care in not discharging an employee for

a mere expression of opinion or for mere asso-

ciation with organizations in the absence of a

course of conduct from which disloyalty may

fairly be inferred.

Finally it cannot be overemphasized that the

greatest care should be exercised in the selec-

tion of the personnel which will carry into ef-

fect the Executive Order, Proper qualifications

call for men who are fair, impartial, non-partisan

and above all judically minded. Their evaluation

of their responsibilities will determine whether

the Order will be properly limited to the benefit

of the federal service or will create the myriad

injustices which follow in the wake of every

ia witch-hunt. - Adopted April 7,

Seek to Exempt Temp. Visitors

From Foreign Agents Act

Revision of the Foreign Agents Registration

Act to exempt from registration temporary visi-

tors who come here as delegates to non-govern-

ment conferences was proposed to Attorney Gen-

eral Tom C. Clark by the Union through its

general counsel, Arthur Garfield Hays, on

April 2nd. Ni

The proposed amendments, drafted by Prof.

Walter Gellhorn of Columbia University, a mem-

ber of the ACLU's Board of Directors, exempt

from registration `any individual who is identi-

fied as a delegate to a publicly announced con-

ference or convention, while engaged in activi-

ties reasonably related to his duties.as such

delegate."

In a previous letter to the Attorney General,

the Union pointed out that numerous interna-

tional conventions and conferences would be held

in the United States in connection with the UN.

and asked if the Department intended to in-

terpret the law to include these delegates. The

Union stated that since the activities and con-

nections of delegates to international meetings

are matters cf public knowledge, there is no

he to enforce compliance with the Registration

et.