vol. 12, no. 7

_Governor for approval.

American

Civil Liberties

-Union-News

Free Press

_ Free Speech

Free Assemblage

"Eternal vigilance is the price of liberty.'"

Vol. XII.

e

Legislature Leaves A Poor

Record In Civil Liberties Field

The California Legislature adjourned late last

month with a poor record of accomplishment in

the field of civil liberties. The bumbling Tenney

Committee was given a new lease on life and

$30,000 to continue its witch-hunting in Cali-

fornia. This time, however, the Committee was

in such disfavor in the Assembly that Sen. Ten-

ney contented himself with merely a Senate

Committee on Un-American Activities.

Four of the Tenney education bills, which re-

ceived wide publicity in the press, are before the

They are the least ob-

noxious of the group and by the time they were

adopted they had been amended to the point

where there was no substantial change in ex- .

isting law. One of the bills provides for the dis- -

missal of public employees who advocate, or

hold membership in groups advocating, the vio-

lent overthrow of the government.

The remaining bills limit the teaching of social

problems until certain basic instruction is given;

prohibit the adoption of supplementary text-

books until basic textbooks have been adopted;

and, finally, require the effective instruction in

"fundamentals before a.pnunil may narticipate in

advanced courses "`particularly in studies involy-

ing solution of social, economic, governmental

`and moral problems." What the Governor's ac-

tion will be is not known.

Much more damage was done the State educa-

tional system by the vicious and unreasonable

attack on the Building Ameria textbooks. As mat-

ters now stand, there is no provision in the budget

for the purchase of these books, despite their

approval by the State Curriculum Commission. -

On the other side of the ledger, the most notz-

worthy accomplishment of the Legislature was to

repeal sections ofthe Education Code permitting

segregation of school children of Indian, Chinese,

Japanese or Mongolian parentage. Another a0x00B0-

complishment is the new law which now permiis

aliens ineligible to citizenship to procure fishing

licenses.

Many suppressive bills were defeated. Outstan3-

ing among these was the Silliman bill, intro-

duced on June 6, to establish a State Loyalty

Commission. The bill failed to provide any rea-

sonable safeguard from arbitrary action for em-

ployees, and it failed to define what was meant

by "totalitarian, fascist, communist, or subver-

sive." After getting by the Assembly almost ua-

noticed, the measure was killed in the Senate

"by 2 vote of 16 to 17.

Also defeated were bills amending the Civic

Center Act to prohibit use of meeting places by

`racists, and an act outlawing "hatred coa-

spiracies." Many excellent bills in

field never got out of Committee,

NEW JERSEY COURT OKAYS

"SPHINX' GIRL'S SILENCE

The conviction of "Susan Bower", variously

the racial

known as the "Sphinx Girl', "Silent Susan" and -

the "Mystery Hitch-Hike Girl' was reversed

through ACLU efforts June 3 when the New

Jersey State Supreme Court dismissed a lower

court's charge of disorderly conduct. ACLU at-

torney, James A. Major, had represented the girl

throughout the legal action.

Upholding Miss Bower's right to refuse to

divulge her indentity or "render a good account"

of herself to the police as required by a statute

almost two centuries old, the ACLU had told the

court that "unless the term was voided, a danger-

ous precedent of imposing long term jail sentences

for refusal to disclose identity" would be set.

SAN FRANCISCO, JULY, 1947

Madera Officia

Seeking To

In a wire to Attorney General Tom Clark, the

Civil Liberties Union last month charged that

public officials of Madera, California, are en-

couraging mob violence and promoting race riots

in attempting to exclude Negroes from the Muni-

cipal Plunge. The Union urged that an investi-

gation be conducted to determine whether pro-

FLASH!

Madera, June 24-The Madera Tribune

reported today that, "Approximately 55 per-

sons were involved in verbal exchanges at |

the Madera Municipal Plunge for two hours

yesterday afternoon." No details were given.

The Union is investigating.

A.C.L.U. Scores Victory

in Oakland Leaflet Case

Superior Court Judge A. J. Woolsey of Ala-

meda on June i/ reversed the con=iction of

Herbert F. Steiner, State Organizer of the Social-

ist Labor Party, who was arrested in Oakland

on February 14 for distributing on the streets

of Oakland political leaflets entitled "Socialism

vs. Government Ownership." He was charged

under an ordinance requiring a permit for the

distribution of advertising matter on private

property.

The court held that while there was some am-

biguity in.the ordinance as to the definition of

"private property," it did not regulate the dis-

tribution of literature upon "public streets, side-

walks, or other public property." Since the or-

dinance had no application to the distribution

of political literature on the public streets, the

court found it unnecessary to decide whether it

violates the constitutional guarantee of freedom

of speech and of the press, as was charged bye

the defendant.

Steiner was represented at all stages of the

proceeding by A.C.L.U. attorney Clarence E.

Rust of Oakland. : :

A second court case, involving three men who

last January distributed leaflets at the door of

Oakland's Municipal Auditorium advocating a

more efficient and militant prosecution of an

AFL clerks' strike, is still pending on appeal be-

fore Judge Woolsey. No doubt, these convictions

will be reversed in line with the decision in the

Steiner case.

At least two other similar leaflet cases have

arisen in Oakland since January. On March 14

police interfered with the distribution of mime-

ographed leaflets to persons lined up for admis-

sion to the Tower Theatre at 51st Street and

Telegraph Avenue. The leaflets were issued by

the Communist Party and were entitled "War In

Greece"-A Tragedy in Three Acts. Distribu-

tion was discontinued after police officers threat-

ened to arrest the distributors.

The last case occurred on May 14 when the

police threatend to arrest persons distributing

election material against incumbent councilmen.

Several men were taken to police headquarters

but released after a brief detention. The in-

cident brought a protest from James F. Galliano,

attorney for the Oakland Central Labor Council.

Four new Oakland councilmen take office on

July 1. Around that time the Union will urge

the Council to instruct the Chief of Police and

his men to quit interfering with the right of

citizens to freedom of speech and of the press.

No. 7

ls Encourage Mob Violence In

Bar Negroes From Municipal Plun:

secutions under the Federal Civil Rights sta-

tutes were warranted. Complaints were also

filed with the U.S. Attorney in San Francisco,

State Attorney General Fred Howser and the

District Attorney of Madera county.

The Union charged that Madera's Negro pop-

ulation has been, systematically excluded from

the use of the Municipal Plunge, and that when

a group of white persons accompanied fourteen -

colored boys, ranging in age from ten to twenty-

five years, to the plunge on June 19, R. S. Row-

land, director of the plunge, incited the white

occupants of the pool to violent action against

the whites who brought the Negroes, and one

of the boys was punched and pushed around.

Rowland at first sought to bar the Negroes

from entry by increasing the entrance fee to $5

per person from the usual 36c for adults and

18ccent for those of High School age and under, but

finally admitted them.

The police answered a riot call and a couple

of carloads appeared on the scene together with...

~deputy sheriffs. After discussing the matter with

Robert Bohna, the leader of the group of whites

who accompanied the Negroes, the Chief told

his men to "leave and let the crowd take care

of Bohna." That evening, the Madera Tribune

under the heading, "Pool Disturbance Averted,"

carried the brief statement that "A disturbance

among 50 persons at the Madera municipal

plunge was averted by the timely arrival of

police at 3 o'clock this afternoon." The next day,

that paper's editor Howard A. Clark, credited

the Union with being the "apparent right hand

of the Communists if its activities are to be

the judge of its policial faith" and placed respon-

sibility for the affair upon "over-enthusiastic

whites, with leanings that are more commonly

_known as `Red' because of the parallel."

Said the editor, "Though there are a few who

are overbearing and antagonistic. who would boot

. about the whites the great majority of the negro

population of Madera is composed of a peaceful,

respectful group that realizes there can be no

intermingling where the great melting pot can

not fuse two races. This majority group has

no more desire to intermingle with the whites.

than the whites with the dark. There is nothing

in the mode of life that is common to both. Their

natural tendency is towards segregation. It is

planned that eventually they will have their

swimming pool and playgrounds, something that |

is of major importance, though it may not have

received the official attention that it should have

Had.

"That whites should attempt to break down

the line that nature defined and stir these people

to do that which is against their natural inclina-

tion, the censure should not be for this group |

but for the whites."

About six months ago the Union received a

complaint that Negroes were systematically ex-

cluded from the Madera Plunge. As an example, -

the Union was cited the case of colored high

`School girls who were required to march around

the school grounds while their white fellow class-

mates attended the plunge during a physical

education class. A complaint was sent to the

plunge, without response, and, finally on April 12,

a protest was filed with Mr. L. C. Thompson,

principal of the Madera Union High School.

No response was received from the principal,

but the Union was informed that thereafter

Negro girls were included in the swimming

((Continued on Page 4, Col. 1)

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Clark Approves Safeguards

For Truman's Loyalty Order

After conferences with the Attorney General

on the President's loyalty order. ACLU repre-

sentatives expressed satisfaction last month that

"specific procedural safeguards are presently

being devised which will do much to protect the

civil liberties of federal workers covered by the

order." ; :

After their conference with the Attorney Gen-

eral June 6, ACLU Board members Raymond L.

Wise and Edward J. Ennis, declared that "Mr.

Clark and his aides are to be commended for their

sincere and conscientious approach to the diffi-

cult task of safeguarding the government while

fully protecting the democratic rights of in-

dividuals."

In response to the ACLU's demand for a clear

definition of "the extremely loose and variable

terms, `totalitarian', `subversive', `Communism',

and `Fascism'," Mr. Clark declared that the de-

tailed definitions and a yardstick to measure dis-

loyal acts were being prepared.

The Attorney General also indicated that he

~ eonsidered feasible the Union's recommendation

of an advisory panel of prominent citizens to pass

on the loyalty of suspected organizations. The

ACLU's program calls for appointment of quali-

fied judicially minded persons not in the govern-

ment service to a panel. This group would give

organizations whose loyalty is doubtful a full

hearing before blacklisting. In connection with

this panel, the Union was asked to submit a list

of suitable members.

Mr. Clark also regarded as practical the

ACLU's request that the roster of blacklisted

organizations be made public. He emphasized the

intention of the government to avoid any witch-

hunt or intimidation of government employees

solely because of their political views.

The ACLU announced that it would confer

again with the Attorney General regarding other

procedural provisions needed to protect federal

employees against injustices. In continuing to

press for changes, the Union declared that it is

not opposed to the Order itself since it saw "no

violation of civil liberties for the U. S. to refuse

to employ or to discharge a person on the ground

__of proven disloyalty."

Hoover Denies Attack On

Progressive Movements

J. Edgar Hoover, F. B. I. director, denied in a

letter to the Union, that his recent remarks about

"fellow travelers" and "Communist sympathiz-

`ers', made before various Congressional commit-

tees, constituted a departure of F. B. I. policy,

or a general attack on progressive movements.

The statement was made in reply to a query ad-

dressed to him by the Union which indicated con-

cern at several of his reported remarks.

"The F. B. I.," Hoover said, "is essentially an

investigative agency. We have no responsibility

other than to secure the facts and to report them

accurately." He further stated: "I have never

remotely entertained the view of attacking genu-

ine liberal movements in referring to fellow-

travelers or sympathizers; in fact I have always 0x00B0

considered the F. B. I., since my appointment as

director in 1924, as a liberal, progressive organi-

zation."

Mr. Hoover noted moreover that there was a

-"general reaction sweeping the country against

Communism"' and that he had "frequently spoken

against hysteria, mob violence and ill-founded

charges" and the loose use of the term "Com-

munist". Replying for the Union, Arthur Garfield

Hays agreed with this conclusion but urged that,

as a result, "it is imperative that all public offi-

cials be more than careful not to make inflam-

matory or intemperate statements."

Free Speech Restored To

Historic Boston Common

Free speech on historic Boston Common was

restored June 2 by the Massachusetts Supreme

Court as a result of ACLU intervention in behalf

of six Socialist Party members arrested last year

for speaking without a permit. The Court ruled

that an old state law requiring a police permit

was an unconstitutional interference with free-

dom of speech.

The Court's decision followed recent U. S.

__ Supreme Court rulings which voided ordinances

conditioning free speech on the issuance of per-

mits. John Saltonstall, counsel for the Massachu-

setts Committee expressed the ACLU's gratifica-

tion with the decision as "at last writing into law

the spirit of freedom of speech so long associated

with Boston."

Civil Liberties Union States Its

Objections To The Taft-Hartley Labor E

"Commenting on President Truman's action on

the Taft-Hartley bill, the ACLU declared: `Presi-

dential veto was the only decision compatible with

the preservation of labor's civil rights.'' The

Union in its message to the President, had de-.

clared that six provisions in the measure were "so

objectionable as to justify sending the bill back to

Congress."

The section authorizing court injunctions to

restrain strikes affecting national health and

safety was assailed as unnecessary and a threat

to labor's civil liberties "in disputes which do not

actually strike at national health and safety."

The Union held that there is no: experience of

"national paralysis attributable to a strike from

which sound judgment could be drawn." It warned

of the "likelihood of abuse of injunctions to pro-

tect the interest of one of the disputants first and

public interest second."

The Union declared that. the prohibitions on

jurisdictional strikes might be used "by unscrupu-

lous employers to foment union trouble." It crit-

icized the bill as not distinguishing between the

different types of boycotts, stressing that ``boy-

cotts aimed at non-union goods" should not he

subject to legislation.

The President was told that the section of the

bill restricting the political activities of unions or

their officers `raised questions of constitution-

ality for it penalizes political activity safeguarded

by the First Amendment." The ACLU's letter

called "completely unjustifiable' the withdrawal

of union rights where union officers are Com-

munist Party members.

Procedural methods of voting on a union shop

were hit. The Union pointed out that "by staying

away or refusing to vote an employee will in effect

be counted as having voted in opposition."

Restrictions on union contributions to political

campaigns were held "indefensible." The Union

noted that "no comparable prohibition is provided

for associations of employers. . . No sound rea-

son other than to discriminate against unions

appears to support the exemption."

The Union explained that its concern was lim-

ited solely to the civil liberties aspects of the

measure. "We represent neither labor nor em-

ployer, but the public interest which has a stake

in the maintenance of civil rights in industrial

conflict."

ACLU Hits New Proposed

Federal Loyalty Act |

Testifying before the House Civil Service Com-

mittee, an ACLU spokesman on June 6 con-

demned the proposed Federal Employees Loyalty

Act of 1947 as "lacking the same procedural pro-

tections which characterize the exceedingly dan-

gerous Presidential Order on Loyalty in Govern-

ment Employment." Hearings on the bill (HR

3588), introduced by Rep. Edward Rees, chair-

man of the committee, opened June 3.

Edward J. Ennis, former head of the Alien

Enemy Control Unit of the Department of Justice,

reiterated the Union's stand that it was no viola-

tion of civil liberties for the U. S. "to refuse em-

ployment or to discharge a person on the ground

of proven disloyalty." The Union was particularly

concerned, he said, to see that "no citizen's right

to freedom of association and freedom of ex-

pression will be jeopardized under the act. The

grave dangers of the proposed Loyalty Act lie

not in its basic policy, but in its substantive and

procedural provisions or their application."

The Union charged that, as the measure now

reads, Government employees accused of dis-

loyalty "would not be given a proper notice of

accusation or a fair and full hearing." Ennis

stressed that all accused individuals should re-

ceive ``a detailed statement of the charges; full

representation by counsel; a stenographic record

of hearings; and the right to present evidence and

cross-examine witnesses."

Ennis attacked the use of the words "Com-

munist", "Fascist", "Totalitarian" and `Subver-

sive' in the proposed bill, declaring, "These terms

are extremely variable and loose. They derive

their meanings from the individual who uses

+ them." At the conclusion of his appearance before

the Committee, Ennis said, `The Union will fight

any attempt to establish, by Congressional act,

the serious restrictions on the civil liberties of

U. S. citizens now found in the President's Loyal-

ty Order."

Ala. Negro Teachers Fired For

Seeking Same Pay As Whites

A Birmingham, Alabama school board's at-

tempt to dismiss Negro teachers who had carried

their fight for equal pay with white teachers to

the federal courts was recently branded "a grave

violation of academic freedom and the denial of

democratic rights" by the ACLU.

The Union declared, `It is apparent that the

dismissal notices given to Mrs. Ruby Jackson

Gainer and other teachers for insubordination

and neglect of duty are punitive measures. Such

action is all the more indefensible because the

Negro teachers involved have a sound claim to

equal pay with white instructors. Higher courts

have unanimously outlawed discriminatory wage

scales as depriving Negro educators of equal pro-

tection under the law."

The ACLU warned W. A. Berry, president of

the Jefferson County Board of Education that

reprisals against Negro educators are "a grave

violation of academic freedom and a denial of a

citizen's right to resort to court action to secure

redress against alleged wrongs. To remove teach-

ers for the exercise of their civil rights to seek

court relief sets a highly dangerous precedent.

This principle would leave all teachers at the

mercy of some administrator or board without

any real protection by some independent body."

ACLU Fights Ban On Student

Political Organizations

ACLU opposition to banning student political

organizations on any college campus was ex-

pressed June 23 to Ordway Tead, chairman of

the New York City Board of Higher Education.

"The only justification schools have in banning

such organizations is positive proof that these

- groups are organized under false pretenses," de-

clared the Union's letter. It was signed by Pro-

fessors Eduard C. Lindeman, Harry L. Levy and

James M. O'Neill, all members of the ACL

Committee on Academic Freedom.

The Board is considering a proposed amend-

ment to its by-laws which would in effect bar all

"radical student organizations" from New York

City's public colleges. The ACLU opposed the

measure and urged the Board to adopt as policy -

the principles formulated by the Union in con-

junction with its Committee on Academic Free-

dom. These are: 5

1. "Any organization for political action or

discussion of whatever purpose or complexion .. .

should be allowed to organize and be recognized

on any campus." ae

2. "An organization found, after investigation

and fair hearings . . . to be moving materially

under false pretenses to its objective may...

be denied a charter or have its charter revoked

or suspended without infringement of the prin-

ciples of academic freedom."

The Union's policy was formulated as a result

of the nation-wide movement in the last few

months to ban chapters of the American Youth

for Democracy. The origin, program and mode

of operation of the A. Y. D. have frequently

caused it to be labeled "Communist-dominated"'.

U.S. Supreme Court Agrees to Review

_ Two Racial Restrictive Covenant Cases

The U.S. Supreme Court on June 23. decided

to review a decision of the Missouri Supreme

Court denying the right of a St. Louis couple to

occupy a house which they had purchased bhe-

cause of a provision in the deed which excluded

Negroes. The case was filed by the St. Louis

Civil Liberties Committee, At the same time, the

court also agreed to review a Detroit case in-

volving the same issue. The two cases will be

argued at the October term of court.

In its brief the St. Louis Committee maintain-

ed that while "restrictive covenants may on their

face appear to be merely expressions of intol-

erance, the problem becomes public when the

state is requested to enforce them to the injury

of a minority." They charged a violation of the

Fourteenth Amendment to the Constitution.

- The housing situation for Negroes in St. Louis

is scandalous. In some nine room houses in the

Negro section, there are 8 or 9 families living

together,-an entire family crammed into each

room, A real estate man, testifying before the

Missouri Supreme Court, said, "The only way

a Negro can get a house in St. Louis is if another

Negro dies, leaves the city, or is evicted."

Incidentally, at the last count, exactly 18 racial

restrictive covenant cases were pending before

the California Supreme Court, and more cases

are on their way to that court. Some of the

cases have been pending for about a year,

te

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Urge Compensation For

Issei, Nisei, Evacuees

The wartime head of the Department of Jus-

tice Alien Enemy Control Unit, Edward J. Ennis,

now chairman of the ACLU's Alien Civil Rights

Committee, recently urged a House judiciary sub-

committee's approval of a bill to provide partial

restitution to persons of Japanese ancestry who

were evacuated from the West Coast by military

commanders during the war.

Mr. Ennis told the sub-committee that the

ACLU favored the bill in view of the "unique

and unjustified burden which this group of

Americans bore during the war." Ennis declared

the mass removal of American citizens, solely on

the basis of racial ancestry, posed "grave consti-

tutional questions."

He stressed that the evacuation was carried out

at the most crucial moment of the Japanese war

on the order of West Coast military commanders

who feared an invasion, Persons of Japanese

ancestry, Ennis stated, "as a group never in fact

jeopardized our military security or engaged in

any conduct which provided a basis or justifica-

tion for their mass evacuation."

Ennis reminded the sub-committee that per-

sons of Japanese ancestry suffered "`an all but

intolerable burden. during the war because they

_ did not have enough political strength to resist

being the victims of an extreme precautionary

measure. They bore this burden with a loyalty

which certainly no other group in our population

could exceed.

"The bill,' he concluded, "presents Congress

with an invaluable opportunity to demonstrate to

the world that our democratic system cherishes

and exercises the principle that Government must

protect the individual from unequal sacrifices for

the common good and the principle that Govern-

ment should make restitution for injury wrongly

inflicted on an individual by Government action."'

Roger Baldwin Returns From

Japon and Korea Survey

ACLU director Roger Baldwin arrived in Seat-

tle June 21 following a three months survey of

civil liberties in Japan and Korea. After inter-

views with General MacArthur, Emperor Hiro-

hito, the new elected Prime Minister, and repre-

sentatives of all Japanese political and labor

organizations, Mr. Baldwin observed:

"The net impression I received is of a country

- that regards itself as liberated. The eagerness of

Japanese leaders to get into world currents of

democracy is almost pathetic. Japan, I believe,

offers the best hope for democracy in the Far

East."

Korea, he declared, holds little promise. `The

country is divided between the extreme right and

extreme left. Despite General Hodge's sincere

efforts, internal political conditions and the diffi-

culties of cooperating with Russia in this key

territory militate against the democratization. of

Korea."

Mr. Baldwin reported that "an amazing sense

of crusade exists all through the occupation per-

sonnel" and he praised General MacArthur in

particular as a "genuine democrat." He described

the Emperor after his forty-minute interview as

a "shy little man undistinguishable from the court

attendants who surround him. But he has great

faith in the UN and a desire to see our occupation

forces remain until democracy is assured in

Japan. :

The trip to Japan and Korea was made at the

invitation of General MacArthur and as a con-

sultant to the War Department. Mr. Baldwin

emphasized, however, that he went as a private

citizen representing the Japanese American Citi-

zens League, the World Federation of United

Nations Associations, and the International

League for the Rights of Man, in addition to the

ACLU. Among his accomplishments abroad was

the organization in Japan of a civil liberties union,

a branch of the JACL and a United Nations asso-

ciation. :

$150 CONTRIBUTION RECEIVED IN

MEMORY OF MARY E. BULKLEY

During the past month, the Civil Liberties

Union of Northern California received a $150

contribution from a San Francisco member in

_memory of Mary E. Bulkley of Carmel "who

was at the age of ninety still eagerly ready to

protest against injustice and to fight for civil

liberties and the Bill of Rights." The donor in-

structed the Union to use the contribution for

subscriptions of the monthly ACLU-NEWS to

public libraries, |

ACLU Hits Indian Land Grab

And Indian Service Budget Cut

The ACLU through its Committee on Indian

Civil Rights last month condemned a bill recently

introduced into both Houses of Congress to appro-

priate all of the timber located on Indian lands in

southeastern Alaska.

In a strongly worded wire to Senator Arthur

Watkins, chairman of the Senate Subcommittee

on Indian Affairs and Rep. Clifford Hope, chair-

man of the House Agriculture Committee, the

Union charged that the "proposed legislation is a

reversal of the entire beneficent policy proposed

by Congress in the past and enforced by the

courts in recent years, pursuant to which Indian

lands are to be taken only by consent and with

proper provision for compensations."' The Union

also requested an opportunity to present argu-

ments on S.J. Res. 118, the Senate bill and H.J.

Res. 205 in the House.

The measure, which was rushed to Congress

without consulting the Indians who claim abo-

riginal rights of, possession, has the approval of

Secretary of the Interior Krug. The timber lands

are to be turned over to private corporations fo

the operation of pulp mills.

Striking at another Congressional action which

would deprive Indians of their civil rights, the

ACLU's Committee on Indian Civil . Rights

expressed grave concern, June 11, over the drastic

slash in the appropriation requested by the In-

terior Department. The cut-from $54,000,000 to

$36,000,000-the committee declared `will so

seriously impair the Indian service that the civil

rights of Indians individually and collectively in

tribal organizations will be jeopardized."

In a letter to Rep. John Tabor, chairman of the

House Appropriations Committee, the Union

warned that the cut meant crippling educational

and hospital facilities for Indians and that "in

terms of concrete daily living it means that

Indian children will be subjected to a sub-normal

education and denied an equal opportunity to

learn the skills and techniques necessary to earn

a livelihood. Neither our professions of just treat-

ment for all minority groups nor a sound eco-

nomic policy can be squared with such a short-

sighted appropriations program."

"Not to restore these needed funds," the Union

concluded, "is to practice false economy while at

the same time wasting part of the nation's human

resources."

Court Upholds Present Removal

Of Japanese Alien Enemies

US. District Judge J. Cullen Ganey of Phila-

delphia on June 4 ruled against 34 aliens of

Japanese ancestry who had been ordered re:

moved to Japan as "dangerous" alien enemies

by the Department of Justice. Since the suit was

filed, however, the number of alien enemies still

interned by the government at Crystal City and

Seabrook was reduced to 27. Attorney Wayne

M, Collins of San Francisco, who is handling the

suit, together with attorneys George Olshausen

and Theodore Tamba, plans to appeal the deci-

sion to the Third Circuit Court of Appeals. In

the meantime, the alien Japanese continue in de-

tention, although some are on so-called "relaxed

internment."

Most of the aliens have been long-time resi-

dents of the United States,-as much as forty

"years, and a son of one of the men was recently

honorably discharged from the U.S. Army. In

any case, almost two years after V-J Day, the

government is still relying on its power to re-

move such "dangerous" alien enemies from the

United States,

Judge Ganey failed to pass squarely upon the

principal issue raised in the case, namely, whether

the Alien Enemy Att may continue to be applied

when the necessity which called it into operation

(the war) no longer exists. On the basis of

Judge Ganey's decision, aliens of Japanese, Ger-

man and Italian ancestry could be removed from

the United States under the Alien Enemy Act 50

years from now, unless the war between the

United States and enemy countries is "officially

proclaimed to be at an end."

Judge Ganey's decision ruled that the Act is

constitutional; that under the power to "re-

move'', an alien "may be removed to any place

within the confines of the United States, or he

may be expelled or deported to another country;"

that the absence of diplomatic relations is no

bar to removal since we are occupying Japan

and "permission for their entry into that

country will be presumed;" and that the Treaty

of Commerce and Navigation between Japan and

the United States in no way affects the rights

of such aliens since it has been abrogated.

Incidentally, the courts have herotofore re-

fused to grant relief in German alien enemy

cases,

Union Backs Self Rule Bill For

Guam, Other Pacific Islands

Civilian government for Guam and other Pacific

Islands was strongly advocated by Laura Thomp-

son, noted anthropologist and author, when she

testified recently before the House Public Lands

Committee in behalf of the American Civil Liber- ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

ties Union. She stated that the ACLU was sup-

porting the Poulson bill (HR 2753) which would

provide citizenship, an Organic Act, and civilian "

administration for the people of Guam.

Miss Thompson; an authority on the Pacific

islands and spokesman for the Union, charged

that the present Naval Government of Guam was

"a personal dictatorship" in which the Naval Gov- |

ernor is invested with all executive, legislative

and judicial powers and has, in fact, "more power

than do the President, or Congress, or both of

them put together within areas governed by the

Constitution." No appeal from his rulings is

permitted. "I doubt whether there has been any-

. thing comparable to it in Anglo-Saxon history

since the Magna Charta," she said. Naval in-

efficiency moreover is demonstrated by its inabil-

ity to rehabilitate the war-torn island.

In her testimony Miss Thompson rejected the

argument that the Guamanians are not ready for

self rule, pointing out that they achieved full |

Spanish citizenship in 1668 with a measure of self

government. "Not until American Navy rule was

imposed, more than 200 years later, were these

rights taken away."

Beyond the three purposes of the Poulson bill,

Miss Thompson endorsed provisions making jury

trial in criminal cases optional with the defendant

and the judge. She called most essential appoint-

ment of a resident commissioner for the island at

Washington.

The ACLU has long championed civilian rule

for both Guam and Samoa. Of the several bills

pending before the House Public Lands Commit-

tee, the ACLU considers the Poulson bill the most

adequate. :

San Diego Halts `Released

School Time" Religious Program

After a year's trial, the San Diego Board of

Education last month by a vote of 4 to 1, de- |

cided to discontinue its program of released

school time for religious instruction.

_The Board's resolution setting forth its deci-

sion, stated, "The year's trial of released time

for religious education had demonstrated the

program interferes with the progress of school

work during the entire day.

"It increases the work of principals and

teachers and results in certain confusion and

loss of time to all children in the grade, both

those who are released and those who remain."

The resolution also asserted that the request

for a continuation of the program "falls far

short of having the support of all the people or

even of all the churches or church people."

Maintaining that "religious training is the

special and particular sphere of the Church,"'

the resolution urged "the homes and_ the

Churches.to continue and increase their efforts

in spiritual and moral training in their respective

spheres."

A pledge was included that the Board of Edu-

cation and the schools will continue "in the fu-

ture as in the past," to stress the teaching of

moral and. spiritual principles and character

training. Earnest cooperation with all worthy

plans for religious instruction outside of school

time also was pledged.

The Board's decision resulted in a public de-

mand by The Most Rev. Charles F. Buddy,

Bishop of the San Diego Catholic Diocese, that

the four members of the Board who voted to

discontinue the program quit. .

U.S. SUPREME COURT REFUSES

REHEARING IN SEARCH-SEIZURE CASE

The U.S. Supreme Court last month annonced

that it would not review its recent decision

upholding unlimited police search of a private

home and selzure of articles held to be incri-

minating with only an arrest warrant as au-

thority.

The Union had filed a brief assailing the

court's 5 to 4 decision as "undermining one of

the most vital liberties-the right of the people

to be secure against unreasonable searches and

Sselzures aS guaranteed by the Fourth Amend-

ment. The brief voiced concern "not only with

the result upon the accused but also with the

far reaching consequence of the decision." The

Court's decision, the Union argued, means that

a warrant for arrest affords greater scope for

Search and seizure than a search warrant itself."

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 461 Market St., San Francisco, 95

x of Northern California.

Phone: EXbrook 3255 aa.

NEST BESIG ....... oe itor

see 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.

Calif., by the Ameriean Civil Liberties Union

Ten Cents per Copy.

-Madera Officials Seek To Bar

egroes From Muni Plunge

(Coninued from Page 1, Col. 3)

classes until protests from some parents resulted

in a discontinuation of the classes.

On June 3 another incident arose when a

Campfire group, including three Negro girls,

came to the Plunge Park for a picnic, etc. At

the insistence of the leader of the group, two of

' the colored girls were admitted to the plunge, but

-_...The following written report of the swimming

they were later excluded when the director found

- it convenient to enforce a regulation requiring the

wearing of caps, that had not previously been en-

forced. : =

The United States Constitution specifically

prohibits States from denying any persons with-

in their jurisdiction "the equal protection of the

laws," and a like guarantee is found in Cali-

fornia's Constitution, The question presented to

the U. S. Attorney General is whether there

was a violation of the Federal Civil Rights Stat-

ute which punishes a conspiracy to deprive any

citizen "of any right or privileges granted or

secured to him by the Constitution." Efforts

of the management of the plunge to bar Negroes

would seem to be in clear violation of Sec, 51

of the Civil Code which provides that `"AII citi-

zens within the jurisdiction of this state are en-

titled to the full and equal accommodations, ad-

vantages, facilities and privileges of . .

houses . . . and all other places of public ac-

commodation or amusement... ."

The issue was referred to the Pacific Coast

office of the National Association for the Ad-

vancement of Colored People and referred by

them to Napoleon Green, president of their Ma-

dera chapter.

pool incident was received from Robert Bohna,

a veteran, who headed up the group of Cau-

casians who accompanied the Negroes to the

pools.

"We arrived at the swimming pool about 2

p.m. Our party consisted of the writer, Robert

Bohna, Ethel Bohna, Brahma Munter, Joe.

Brooks, and approximately fourteen colored

boys, ranging in ages from ten to twenty-five

years.

"A police officer drove on to the grounds

just as we arrived and asked, `What~is the

trouble?' We explained that there was no

trouble, that we were about to attempt ad-

mission of the colored boys to the pool. We

informed him that we knew the law, but we

were merely testing it to see whether or not

these boys would be permitted to enter the pool.

The officer remained to observe, while we ap-

proached the ticket counter to purchase our

tickets. Just about this time, before we were

able to obtain the tickets, Mr. Rowland, the

manager of the pool, came up to me, grabbed

me by the arm, and asked, `Hey, you-what are

you trying to pull?' I answered, `I'm not try-

ing to pull anything. I just want you to answer

a question. Will you let these colored boys in

the pool?' His answer was, `See Gordon and

Smith-I'm just the manager.' (The Gordon he

was referring to is John Gordon, mayor of Ma-

dera.) ;

"Rowland then asked who was paying for

their tickets, to which Jeffries (one of the col-

- ored boys) replied, `We are.' Since he did not

reply directly to my inquiry, I asked one of the

colored boys to ask Rowland whether or not

he could buy a ticket. Jeffries did so, but Row-

land, still evading said, `Instead of all this fuss,

wouldn't you rather have one day a week set

aside for you, so that you can swim with your

own kind?' Jeffries replied that they would like

to come swimming anytime they felt like it, and

on any day.

"Rowland finally said, `Okay, then-sell them

tickets for $5.00 a piece for the rest of the after-

noon.' Brahma Munter said, `If you are only the

manager of the pool, then you don't have the

authority to charge such exorbitant prices. The

city certainly will not let you get away with

such a thing.' He then pointed to a sign -on

the wall which said, `Prices subject to change

without notice.' At this point, one of the colored

boys spoke up and said that he thought they

151- p ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

. bath

Resolution Supporting Proposals for St. Dept.

Sponsored Interne

As an aid to freedom of the press and speech

and the doctrine of diversity which is therein

implied, the American Civil Liberties Union has

supported proposals for a more intensive cultiva-

tion of the means of communication, The Union

has gone on record as demanding more news-

papers, motion pictures, radio stations, and other

media of communications in support of these

freedoms. Today the only international American

shortwave broadcasts are being conducted by the

government. Their cessation would leave the

United States without a pipeline to the inter-

national market place of thought.

The Union notes that opposition has developed

in Congress to continuance of overseas broadcasts

by the State Department which has been en-

deavoring to present the American point of view

to the rest of the world. The Union supports the.

present proposals for appropriation of funds to

carry on a program of foreign international short-

wave broadcasts. Such a program would aid the

vital function of a free flow of ideas, encourage

diversity, and provide balance in the exchange of

news and views throughout the world.

To silence the vital channel of communication

is to stifle the flow of news and ideas with mueh

ut. Shor? Wave

Broadcasts

the same effect as that produced by Hitler in

severely penalizing listening. Properly function-

ing, this work can give to the rest of the world

the story of democratic principles in day to day

operation. With forces opposed to those of the

United States now engaged in disseminating their

views and opinions to the world at large, our

failure to present news and information and other

views would be an abdication of American respon-

sibilities.

At the present time, by international agree-

ment, international shortwave wavelengths have

been assigned to the United States. Failure to use

the frequencies alloted would result in their for-

feiture. It will make impossible their future opera-

tion by the United States in a manner more

acceptable to the Union's views as to the specific

method by which international shortwave broad-

us should be conducted on a more permanent

asis.

The American Civil Liberties Union opposes

closing down channels of communications, and

perforce the radio-perhaps the most important

channel of international communications.-

Adopted by the Board of Directors of the Ameri-

can Civil Liberties Union, New York City, May

19, 1947.

should be allowed to swim at the same price as

the white people. Then Rowland said, `Let them

in at the standard prices. And to us, `Now

watch what will happen,' and just at that

moment he blew his whistle, picked up his mega-

phone, and ordered everyone to gather around.

He commenced his monologue with, `This per-

son here is Bob Bohna, who represents the

Civil Liberties Union, a forerunner of Com-

munism. He has brought a bunch of colored

boys over here to swim. Now you know what

you can do--you can either stay and swim, or

(and pointing to the gate) you know where the

gate is. Okay, you can go back into the pool

now if you want to.' Miss Munter said, `Wait

a minute-why don't you give Bob a chance to

speak?' Reluctantly, Rowland submitted to the

plea. I explained that under the California law,

it was illegal to discriminate against persons in

public places. With that, the majority of the

children returned to their swimming.

"We all went into the pool. Everything went

along beautifully for awhile. A few of the

whites mingled with the Negroes, but for the

most part, the latter kept to themselves. After

we were at the pool for about an hour, several

white children gathered around me to question

my motives. However, our discussion was soon

broken up by the arrival of a policeman and

the deputy sheriff, who asked me to talk things

over with them outside the pool. I accompanied

them to a police car, followed by Joe Brooks,

whom the deputy sheriff shoved aside and told

to leave. The authorities asked me if I were

here to start a riot. I replied that I was ad-

hering to the law, and pointed out that I was

opposed to racial discrimination, The chief of

police asked me what would happen to me if

I were to `pull the same stunt' in Texas, to which

I replied that I was aware of the consequences

of such an act in Texas. (Incidentally, the Chief

and several other officers were waiting for us

at the police car.) The Chief intimated that if

he had his way, he would deal to me the same

treatment as the Texans would. The Chief then

told his men to `leave and let the crowd take

care of Bohna.' One of the policeman made it

plain to me that if any trouble started, I would

be held responsible for starting a riot, and that

the prison sentence for such an offense is from

five to ten years in San Quentin. They asked

my name, address, and my business, and I gave

them the required information. All the officers

left, with the exception of the deputy sheriff

and the policeman who had been at the pool

since our arrival.

"I saw Brahma Munter arrive upon the scene,

so I motioned to her to come over to where we

were talking. She did so, and I introduced her

to the two officers. The sheriff asked her what

her opinion of this situation was, and she stated

that she felt that the Negroes should be allowed

admittance to the swimming pool. The deputy

sheriff asked, `What do you think we came

over here for?' Brahma answered that she did

not know, so the deputy sheriff told her that

they had come because there had been a riot.

She said, `Yes, but who started the riot. Surely

`not the Negroes... .'

" `Oh, so you, too, are a Communist just like

Bohna here,' the deputy sheriff chided. At that,

Miss Munter laughed and said, `Of course I'm

not a Communist, nor is Bob. Just because we

believe in equality of rights does not mean that

we are in sympathy with the Communist party.'

After further questioning on the part of the

sheriff, such as `Would you marry a Negro?'

and `You're ashamed of being white, aren't you?'

Brahma became disgusted and said, `These ques-

tions are completely irrelevant to the situation.

What we are interested in is seeing to it that

the Negroes are allowed into the swimming pool,

and the questions you have asked me do not

enter into the discussion.' .. .

"Tm glad to see her go,' the deputy remarked.

He then advised me to take the Negroes and

leave the vicinity before trouble started. I in-

formed him that I would leave when I pleased,

as would my colored friends.

"I then returned to the pool for a short time,

and was soon surrounded by a goup of children

who were discussing the situation with me. Sud-

denly, from out of the crowd came a fellow of

about eighteen years of age, who challenged me

to a fight. I passively answered the challenge

by replying that civilized people did not settle

differences by resorting to fights. He then left.

I walked to the other side of the pool and

stopped to talk to Mr. Rowland. He evidently

thought I intended to strike him, as he backed

away ready to fight. I said I had no intention

of resorting to violence, whereupon he reiterated

that I was a communist. I asked him to define

a communist. He retorted, `Well-socialist.' I

asked him to define socialism; his answer _to

that was to order me off the premises, and -he

pushed me to help me along. I looked to see if

all the Negroes had gone, and then looked for

my sister. Then the young fellow who had ac-

costed me previously asked me who I was look-

ing for. I replied that I was looking for my

' sister, who then called from the crowd, `Here

I am!' The boy challenged me again, and I

walked over to get my wallet. He asked my

sister why she didn't keep me away with my

`dirty niggers,' and she expressed views similar

to my own. At that moment Joe Brooks came

up and said, `What's going on,' and the same

belligerent fellow slugged Joe in the chest four

times, asking as he swung, `What are you trying

to do, pick a fight?' Joe did not retaliate in

any way. Mr. Rowland came and said to fight

elsewhere. The fellow then left and so did we."

UNION'S CHICAGO BRANCH

DEFEATS RACE HATRED BILL

Chicago's proposed anti-race baiting ordinance

was withdrawn June 11 after the Chicago division

of the ACLU warned that the measure would

harm "the very groups it seeks to protect." The

ordinance was sent back to the city council for

reconsideration.

The Union declared that if the ordinance were

passed, the courts would undoubtedly hold it

unconstitutional. `When this occurs, the race-hate

advocates will thrive on the victory," the Union

warned. It urged that the spirit which prompted -

the measure be turned "to more constructive -

channels" involving counter-education and the

services of voluntary anti-discrimination groups.