vol. 14, no. 10

American

Civil Liberties

Union-News

Free Press -

~ Free Speech

- Free Assemb

lage

"Eternal vigilance is the price of liberty."

Vol. XIV

Annual

"Should There

Be a Political Test for

SAN FRANCISCO, OCTOBER, 1949

Teachers?' Is the Subject for Discussion

The annual membership meeting of the Ameri

marking the 15th anniversary of the local group, lay 0x00A7

San. Francisco, Friday evening, October 14. The subject for discussion is "Should there be a political

can Civil Liberties Union of Northern California,

will be held at the California Club, 1750 Clay St.,

test for teachers?" The discussion panel will consist of- Dr. Edward W. Strong, Professor of

Philosophy at the University of California, and

University of California.

Rt. Rev. Edward L. Parsons, national vice-

chairman of the Union, and chairman of the local

Executive Committee, will preside. The director,

Ernest Besig, will give a brief report on the state

_ of the Union.

The subject for the meeting is particularly time-

ly. At the recent session of the California Legis-

lature, Sen. Jack B. Tenney introduced a proposed

Constitutional Amendment permitting the Legis-

lature to prescribe loyalty oaths for the Univer-

sity of California faculty. Sen. Tenney dropped his -

measure when the Regents adopted a loyalty

oath. Of course the Regents over estimated Mr.

Tenney's power, because his entire loyalty pro-

gram was soundly defeated. `

U.C. Loyalty Oath

The Regents' oath was amended after faculty

protests, but the amended version has likewise

been opposed by the Academic Senate in Berkeley

and at Los Angeles. The objectionable part of

the oath reads: "(I affirm) that I am not a mem-

ber of the Communist party, or under any oath,

or a party to any agreement, or under any com-

mitment that is in conflict with my obligation un-

der this oath." The matter was again under consid-

eration by the Regents on September 30, too

late to be reported in the News.

In addition to the controversy at the University

of California, the recent dismissals of professors

at the Universities of Washington and Oregon

because of their unorthodox political beliefs, also

makes the question of whether or not Communists

should be permitted to teach a timely one.

The Union is not staging a debate. This is

merely a discussion in which two points of view,

possibly differing rather sharply, will be present-

ed. Following the speeches, written questions will

be solicited from the audience. If you have a

question in mind, why not have it prepared in

advance of the meeting?

_ The Speakers

Prof. Edward' W. Strong, in addition -to being

Professor of Philosophy, is Chairman of the

Dept. of Sociology and Social Institutions at U. C.

He is also Associate Dean of the College of Letters

and Sciences. :

Professor Otto J. Maenchen is Professor of

Art at the University of California. Previously,

he taught at Mills College. Before coming to the

United States in 1938, he taught at the Univer-

sities of Berlin and Vienna.

As mentioned before, the occasion is not only

one for the annual membership meeting, but also

marks the fifteenth anniversary of the founding

of the local branch of the Union.

The Union's Executive Committee sincerely

FACTS ABOUT THE MEETING

Time: Friday evening, Oct. 14, at 8 o'clock.

Place: California Club, 1750 Clay St., San

Francisco (between Van Ness Ave. and

Polk Street).

Subject: "Shall there be a political test for

teachers?" Also, brief report on the state

of the Union.

Chairman: Rt. Rev. Edward L. Parsons.

Speakers: Prof. Otto J. Maenchen

Dr. Edward W. Strong

: _ Ernest Besig, report.

No Admission Charge

Public Invited

Dr. Otto J. Maenchen, Professor of Art at the

hopes that the meeting: will be well supported and

that the membership will make it an occasion to

invite their friends. Last year a capacity audience

attended. There is no admission charge. The meet-

ing is open to all who are interested.

Test Validity of 2-Year County

Jail Sentence in Felony Case

A petition for a writ of habeas corpus was

granted by the District. Court of Appeal in San

Francisco last month in the case of Richard Web-

er. The matter comes up for a hearing on October

24, and attorney William Coblentz will appear

for Weber.

Weber plead guilty to a felony charge, the

punishment for which is either one year in the

county jail or a penitentiary term. As a condition

of five years probation, however, the court sen-

tenced Weber to the San Francisco county jail

for two years.

From the policy standpoint, it seems most un-

wise to keep prisoners at the county jail for over

a year. There is no occupational program for them

and long jail terms inevitably result in deteriora-

tion rather than rehabilitation for the prisoners.

In certain misdemeanor cases at the county jail,

all authorities are agreed that the prisoners should

be serving one-year instead of two-year sentences.

These cases arose under Sec. 702 of the Welfare

and Institutions Code which provides for a penalty

-of two years in the county jail. On the other hand,

Sec. 19a of the Penal Code limits confinement in

the county jail to one year, and the courts have

held that section is controlling.

An agreement has been reached with the Dis-

trict Attorney under which any 702 cases serving

2-year sentences will apply for parole at the ex-

piration of 10 months and 10 days, allowing time

for good behaviour, on the ground of illegal de-

tention. The District Attorney promises speedy

processing of the applications.

Oriental Citizenship Near

Action in U.S. Senate

Although repeal of the oriental. exclusion act

appears hung up in the Senate, following passage

by the House, another bill to permit all resident

orientals to become citizens may shortly become

law. Senator Pat McCarran of Nevada, chairman

of the Judiciary Committee, has expressed his

support of action on the citizenship bill in the

present session, while deferring action on the

repeal bill until a general revision of immigration

laws, now under intensive study, comes before

the Senate.

The Committee on Equality and Naturalization,

backed by the ACLU, and created for the single

purpose of securing repeal of the oriental exclu-

~ gion act, is backing both the general repeal and

the naturalization bill. If enacted, the naturaliza-

tion bill would largely benefit the tens of thou-

sands of Japanese aliens resident in the United

States and Hawaii. Chinese, Indians and Filipinos

have already been permitted to become citizens.

Quotas for immigration have also been estab-

lished for their countries. Only total repeal will

permit other oriental countries to have quotas,

and thus remove all explicit racial discrimination

from the immigration laws.

Distributor of Nudist Mags.

Acquitted on Obscenity Count

A San Francisco Municipal Court jury of seven

women and five men last month acquitted Troy

Gillespie, operator of the Troy News Agency, of -

distributing obscene literature. On the first trial

of the case, last June, a hung jury resulted, stand-

ing 8 to 4 for conviction.

Gillespie was arrested by two members of the

police juvenile detail, who then functioned as

the city censors of books, magazines and motion

pictures. They seized 2102 nudist magazines, in- -

cluding 1832 copies of "Sunshine and Health," and

20 copies of "Natural Herald"-the official nudist

magazines. The remaining 250 magazines were ~

copies of "Modern Sunbathing,' a commercial

venture.

"The Union was unsuccessful in urging District

Attorney Edmund G. Brown to dismiss the prose-

cution because the magazines contained neither

obscene pictures nor text. Mr. Brown himself

declined to point out any obscene matter in the

magazines when requested to do so. At the

trial, Deputy District Attorney Jack Berman

seemed to take the position that the nudist pic-

cures themselves, are not obscene, but that viewed

in connection with certain advertising that was

in bad taste, particularly in "Modern Sunbath-

ing," the net result was something obscene.

The defendant was represented by attorney

James Martin MacInnis of San Francisco, who

had successfully represented-the bookseller in the

San Francisco obscenity prosecution involving

"The Memoirs of Hecate County." Since the court

allowed no testimony from experts as to whether

the magazines were obscene, Mr. MacInnis was

compelled to rely upon a closing argument that

was both eloquent and convincing.

On the first ballot, the jury voted 9 to 3 for

acquittal. After two more ballots, the jury stood

11 to 1 for acquittal. It took an hour to line up

a woman juror who was relying on a dictionary

definition of obscenity as something vulgar. The

jury deliberated an hour and a half.

District Attorney Brown has previously par-

ticipated in other unsuccessful obscenity prosecu-

tions. Besides the Hecate County case, he, prose-

cuted in cases involving the motion pictures

"Furia," "The Outlaw," and "Narcotics," as well

as a Sally Rand show.

DP Legislative Action

Delayed by McCarran Inquiry

Further delay in the drive to pass improved

Displaced Persons legislation in this session of

Congress was seen in the announcement Septem-

ber 12 by Sen. Pat McCarran of Nevada, chair-

man of the Senate Judiciary Committee, that he

was leaving to conduct his own investigation of

European DP camps. :

The bill, which would bring 200,000 additional

European refugees to this country and end dis-

criminatory bars against Jewish and Catholic

DPs, has passed the House but remains pigeon-

holed in McCarran's committee because of his

stubborn opposition.

A coalition of 14 Democrats and Republicans,

led by Democratic Majority Leader Sen. Lucas

and Republican Leader Sen. Taft, is pushing a

discharge petition to get the bill out of the com- -

mittee and on to the Senate floor for a vote. If

two-thirds of the Senate sign the petition, the

measure can be debated by the full Senate. How-

ever, Washington observers are not too hopeful

that the petition will succeed.

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Changes Made in Manner of

Electing Committee Members

Local members of the Union will hereafter be

asked to suggest the names of persons to serve on

the Executive Committee, which meets regularly

the first Thursday of each month at the Y.W.C.A.,

620 Sutter St., San Francisco. Under an amend-

ment to.the By-Laws, adopted June 30 last, the

June issue of the News will hereafter "carry an

invitation to the Union's membership to suggest

names to the nominating committee."

Another amendment establishes three-year

terms for Committee members, although succes-

sive terms are provided for. :

_ The amendments to the By-Laws read as fol-

~ lows:

"Members of the Executive Committee shall

hereafter be elected for three-year terms, com-

mencing November 1, 1950, and may be elected to

successive terms. The length of the terms of the

present members, however, shall be determined

by lot, as follows: The first eight names drawn by

the Chairman shall serve three-year terms, the

second eight drawn shall serve two-year terms

and the remainder shall serve one-year terms, all

of which shall commence November 1, 1949.

"Rach year, at the June meeting of the Exec-

. utive Committee, a sub-committee of five persons

shall be appointed by the Chairman to serve as a

nominating committee to nominate persons to fill

Executive Committee terms expiring during the

current year as well as any unexpired terms that

may be vacant. The sub-committee shall report

its recommendations to the Executive Committee

at the September meeting, the proposed nomina-

tions ef which shall be subject to approval or

. change by the Executive Committee at the said

`meeting. The names finally approved by the

Executive Committee shall. be submitted for con-

firmation to the annual membership meeting,

which shall be held sometime during the month of

October.

"Every year, the June issue of the ACLU-

NEWS shall carry an invitation to the Union's

membership to suggest names to the nominating

committee, and such names must reach the Un-

_ ion's office not later than June 30 in order to re-

ceive consideration. The nominating committee

shall consider such suggestions but shall not make

- any nominations until after June 30." ,

Ask L.A. To Seek Reimbursement for

Police Wire Tap of Gambler's Home

Tapping of telephone wires by police in the home

of Mickey Cohen, West Coast gambler and central

figure in the current investigation of Los Angeles

vice, brought a demand from Southern California

branch of ACLU that Los Angeles city officials

file suit for recovery of taxpayers' money spent by

the Police Department in installing and maintain-

ing microphone and recording equipment in the

palatial Cohen residence.

The Union's letter to the City Council said that

installation of the wire tap equipment without

Cohen's consent "constitutes a manifest violation

of the guarantees against illegal searches provided

for in both the U.S. and California constitutions."

Executive Committee -

American Civil Liberties Union

of Northern California

Sara Bard Field

Honorary Member

" Rt. Rev. Edw. L. Parsons

Chairman

Dr. Alexander Meiklejohn

Helen Salz

. Vice-Chairmen

Joseph S. Thompson

Secretary-Treasurer

Ernest Besig

} Director

Philip Adams

John EH. Brill

Prof. James R. Caldwell

H. C. Carrasco

Wayne M. Collins

Bev. Oscar F. Green

Margaret C. Hayes

Ruth Kingman

Ralph N. Kleps

Seaton W. Manning

Mrs. iSruee Porter

Rabbi Irving F. Reichert

Clarence M. Rust

Prof. Wallace E. Stegner

Beatrice Mark Stern

Dr. Howard Thurman

Kathleen Drew Tolman

Seek Reforms in Procedures

Of Investigating Committees

Support for a Senate resolution introduced by

Sen. Scott Lucas (D. Ill.) establishing safeguards

against undemocratic procedures of Congressional

investigating committees was given recently by

the ACLU before a Senate Rules Committee. The

statement filed with the congressional group

studying the resolution said "these standards

would tend not only to facilitate the work through

elimination of confusion and ill-feeling, but will

provide greater protection for persons investi-

gated and witnesses examined from otherwise ar-

bitrary action permitted the investigators."

The resolution is aimed chiefly at the House

Committee on Un-American Activities which has

been the target of liberal attacks for its undemo-

cratic handling of witnesses and its general dis-

regard of democratic procedures.

The Lucas resolution calls for opportunities for

reply by persons attacked at public: hearings

through the calling of witnesses in their behalf

-and cross examination of the person who leveled

the charge, and the right of witnesses to have

their counsel present and advise them, although

not while they are on the stand, unless the com-

mittee agrees.

It also provides that the hearings shall be based

on evidence which is "relevant and germane', and

that stenographic transcripts shall be provided

witnesses. The resolution guards against the

"smear publicity" which has marked recent in-

vestigations by providing that no report shall be

published until a meeting of the committee has

been called and a majority approves the report.

It goes further by stating that no committee or

committee employee may publish a statement

commenting adversely on any person unless that

person had been advised of the comment and

given an opportunity to present a sworn state-

ment in reply.

Another section of the resolution prohibits any

committee member or employee from publicly

discussing committee reports for compensation.

Not aimed at stifling public discussion, it is de-

signed to ward off the flood of special newspaper

articles which have appeared attacking people

without justification or basis of fact.

Several suggestions were made by the ACLU

as additions to the resolution. It urged that the

term "person" should be considered to include as-

sociations, organizations, or government agencies

as "an organization which may be unjustly ac-

cused should have the same right to defend itself

as an individual."

Reminding the committee of the recent college

text-book probe fiasco created by a minority of

the House Un-American Activities Committee, it

urged that no person shall be compelled to testify

or produce documents unless a majority of the

committee approves. It called for the right of all

witnesses at public or private hearings to be "`ad-

vised of their constitutional rights against self-

incrimination and their right not to divulge any

confidential communjcations protected by law."

To avoid the "serious browbeating of witnesses

which occurs when only one interrogator is pre-

sent,' the ACLU statement emphasized the need

for open hearings unless public interest requires -

secret sessions and the presentation of testimony -

"before at least two committee members as well

as the interrogator." :

Witnesses at committee hearings should have

the right to question other witnesses who com-.

ment on their testimony, the ACLU pointed out.

This should be done through a written question

handed to the chairman. Witnesses should not be

held in contempt of committees until the full com-

mittee has considered the contempt and a major-

ity of those present votes the contempt charge.

This would not. apply to witnesses who have

obeyed subpoenas but then decline to answer a

question at hearings `or otherwise act contu-

maciously."

The final suggestion made to the committee

was to grant each witness the right to make an

oral statement at the conclusion of his testimony

or file a sworn statement for the record, provided

they are relevant to the subject of the hearing.

ACLU to Aid Prisoner _

Fighting Extradition to Ga.

Clarence Jackson, a victim of alleged beatings

at the Benhill, Georgia, prison farm, who escaped

in May, 1947, and is now fighting extradition,

will be assisted by the ACLU when his case is

heard by the New York Supreme Court's Ap-

pellate Division this fall. The ACLU will file a

brief in Jackson's behalf. Jackson claims he was

subjected to cruel physical punishment which re-

sulted in the loss of sight in one eye.

When the Workers Defense League, which

spearheaded his defense, filed a writ of habeas

corpus in the New York Supreme Court after

N.J. Loyalty Oath for Political

Candidates Challenged oe

Challenging the constitutionality of New Jer-

sey's unique loyalty oath required of all candidates

seeking public office, the American Civil Liberties

Union September 7th asserted in a brief contest-

ing it that the law `"`is a vain and futile attempt by (c)

the legislature to inspire loyalty." Emil Oxfeld,

ACLU attorney, presented the brief.

The ACLU opposition to the New Jersey law

was stated in a brief in the state's Superior Court

in behalf of James Imbrie, Progressive Party

gubernatorial candidate, who is testing the law

on the grounds that it is unconstitutional.

Part of the growing campaign by the states to

root out alleged subversive influences, the New

Jersey law parallels one section of Maryland's

recently invalidated Ober law. Judge Joseph Sher-

bow ruled that law unconstitutional on August

15th,

The oaths required call on all candidates to

swear they do not believe in force or violence to

overthrow the present form of government, or

belong to organizations advocating such tactics,

or owe allegiance to any foreign power. Declaring

that such oaths are no guarantee against subver- _

sion, the brief said "Disloyal and subversive per-

sons would not hesitate falsely to swear and af-

firm in order to accomplish their ends."

The ACLU claims that the New Jersey legisla-

ture acted illegally when it passed the loyalty

oath bill, as the state constitution clearly sets

down the oaths which are required of all public

officials assuming office. The constitutional oath |

calls for upholding of the state and federal con-

stitutions, but refrains from spelling out loyalty

_ as described in the law now being contested. The

brief argues that, if the constitution had not de-

clared the specific language to be used, then the

legislature might have acted, but since it does

spell out the language, then the legislature's ac-

tion amounts to attempts to amend the constitu-

tion, and is unconstitutional.

Attacking the use of the legend-"refused oath

of allegiance'-which is to be placed next the

name of all candidates on the ballot who refused

to accept the pledge, the Union said: this was a

discriminatory act which penalizes the candidates ~

without the opportunity for judicial review.

Negro Family Living in N.Y.

`Jim Crow' Stuyvesant Town

While a final decision on the discriminatory

renting practices in New York's Stuyvesant Town

housing projects awaits action by the U.S. Su-

preme Court this fall, a Negro family is now living

in the project.

Mr. and Mrs. Hardine Hendrix and their five-

year-old son spent the summer in the apartment

of Jesse Kessler, CIO union organizer, on a sub-

lease arrangement, and have now moved into the

apartment of Dr. Lee Lorch, former City College

mathematics instructor, who has gone to teach at

Pennsylvania State College. Dr. Lorch said he was

offering his apartment to the Hendrixes without

charge.

The Metropolitan Life Insurance 'Company,.

owners af the project, has returned Mr. Kessler's

rent, charging he violated a provision against sub-

leasing. Company officials have refused to state.

whether the letter to Mr. Kessler was a forerun-

ner of action to break Dr. Lorch's lease.

The New York Court of Appeals, in a 4-3 deci-

sion in July, upheld Metropolitan's right to bar

Negroes from the project, declaring that the law

under which the project was built had no anti-

discrimination clause. The test case, initiated by

ACLU, American Jewish Congress and the Na-

tional Association for the Advancement of Col-

ored People, is based on the fact that the project

was built with state aid and thus discrimination

should be barred. |

Gov. Thomas E. Dewey refused to challenge Geor-

-gia's extradition request last May, Georgia's top

prison officials testified to the fair and humane

treatment its prisoners now receive. The court,

while assuming that infliction of cruel punish-

ment would bar extradition, accepted the Georgia

officials' story and voted to have Jackson extra-

dited to Georgia. The U.S. Circuit Court of Ap-

peals in Philadelphia May 18 established the prin-

ciple of non-extradition when prisoners have been

cruelly punished, when it found that Leon John-

son, a Negro steelworker, who had fled a Georgia

chain gang, could go free without being returned

to Georgia. The case was fought through the (c) |

state and lower federal courts by the Pittsburgh

Committee of the ACLU. The ACLU brief will

argue that if cruel and unusual punishment was

inflicted in the Jackson case, then he, too, should

not be extradited.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

~ Hail Peekskill Jury Inquiry;

Challenge Probe Official

Asserting that the public would have more con-

fidence in the Grand Jury investigation of the

Peekskill riot order by Gov. Thomas HE. Dewey if

_ Westchester County District Attorney George

Fanelli was not entrusted "with that duty," the

American Civil Liberties Union, September 15,

noted as `"`one conspicuous omission" in the Dewey

statement his failure to mention the total lack of

police protection in the face of prospective vio-

lence at the first Robeson concert on August 27th

which was forcibly broken up.

In a letter to Gov. Dewey signed by Roger

Baldwin, director, and Arthur Garfield Hays, gen-

eral counsel, the Union stated "Mr. Fanelli and

the law enforcement officers of the county did not

act when advised of the prospective violence at

the first meeting. Some of the share of responsi-

bility is therefore clearly to be placed on his of-

fice. There would be more public confidence in

the inquiry if a man not so directly involved were

entrusted with that duty."

The Union stated that the sections of the Dewey

statement ordering the Grand Jury investigation

_ and his defense of the right of peaceful assem-

blage are "encouraging."

"However, we must bring to your attention one

_conspicuous omission in your statement. It was

the August 27th meeting which was responsible

for holding the September 4th meeting to vindi-

- cate the right of peaceful assemblage. And it was

this meeting which was given no police protec-

tion whatever, despite urgent appeals by sponsors

of the concert directed to the State Attorney

General, the Westchester District Attorney and

the Sheriff and local police authorities.

"You appear to ignore the fact that if adequate

police protection had been available for the first

meeting, there would have been no cause for the

second meeting."

The letter pointed out.that the Union "cannot

regard as warranted your criticism of the efforts

of the organizers of the second meeting to pro-

tect their rights by private guards on private

property. Neither this fact nor the attitude of

Communists and their followers toward the prin-

`ciples of freedom of speech and assemblage ap-

pear to us relevant to the main issue. An assem-

blage, whatever its character, has a right to pro-

tection and that protection was wholly lacking at

the first meeeting and inadequately arranged at

the second. That is the issue."'

The ACLU officials stated that the Union was

pushing an independent inquiry in cooperation

with other agencies concerned, and the informa-

_ tion gathered will be available to the Governor,

county officials and the public. This is being

done "`to counteract what appears to be the pres-

ent concern of many local officials with prevent-

ing, not assuring, the right of peaceful assem-

blage."

Justice Reed Refuses Bail to

Larry Gara in C.O. Case

- Supreme Court Justice Stanley Reed has denied

a petition for bail to Larry Gara, now serving an

18 month jail sentence for advising divinity stu-

dent Charles Rickert to stand by his principles in

refusing to register for the draft.

`The Gara case has been attacked on the grounds

that Rickert had already indicated his refusal to

register three months before he met Gara, dean of

men at an Ohio Mennonite college. The govern-

ment charged Gara with "aiding and abetting"

_ Rickert's violation on the theory that registration

is a continuing obligation.

The case will be heard soon in the U.S. Circuit

Court of Appeals at Philadelphia, and the ACLU

will file a brief in behalf of Gara. It is assumed

that Justice-Reed's refusal to grant Gara bail was

based on the fact that prisoners must promise not

to repeat their `crime' while out on bail. Gara

has refused to put aside his principles pending

final decision in the court.

BOOKNOTES

AMERICAN FREEDOM AND CATHOLIC

POWER, by Paul Blanshard, Beacon Press, 350

pages, $3.50.

_ A documented study of the restrictive influence

of the Catholic hierarchy on many aspects of de-

mocratic liberties affecting non-Catholics.

IN THE LAND OF JIM CROW, by Ray

Sprigle, Simon and Schuster, 215 pages, $2. 50.

This is the lively personal story of a Pittsburgh-

Post Gazette reporter's adventures in a month in

the South disguised as a Negro, in company. with

a Negro guide selected by the NAACP. It is re-

vealing of big and little points of discrimination

_ in the South in all its varied phases.

Local A.C.L.U. Scores Four

viore

Victories in Federal Loyalty Proceedings

Hayerable decisions were handed down last

month in four federal loyalty cases handled by

the American Civil Liberties Union of Northern

California.

Two of the cases, both involving postal em-

ployees, had been pending for almost one year.

In the first case, a rural mail carrier admitted

that sixteen years ago he was a member of the

Young Communist League for several months,

registered as a Communist, and one of those who

signed a petition to place the party on the Cali-

fornia ballot.

In the second case a postal clerk of Slav an-

cestry became associated with Slav groups sup-

porting the war effort. These groups originally

had the backing of the government. Later, they

allegedly came under Communist influence and

were placed on the Attorney General's subversive

list. The employee was, therefore, charged with

membership in subversive groups and with sym-

pathetic association with Communists. He was

also charged with donating "various sums of

money tothe Joint Anti-Fascist Refugee Com-

mittee," and with having been a member of the

American Russian Institute in San Francisco.

When these various groups were placed on the At-

torney General's subversive list, he severed his

connection with all of them.

While the charges in both cases were dated Sep-

tember 30, 1948, the hearings were not held until

the latter part of January. For almost one year

these men were plagued with uncertainty as to

what was going to happen to them. Certainly, fair

procedure demands that such cases be cisposed

of with reasonable promptness.

"In the remaining two cases, which were pending

- before the Regional Loyalty Board of the Civil

Service Commission, there was also unreasonable

delay in announcing decisions. In the first case, a

medical technician, a middle-aged woman, receiv-

ed an interrogatory which charged that while re-

siding in New York "on September 2, 1939, you

Eleanor Roosevelt Corrects

An Error in Her Column

Eleanor Roosevelt last month confused the

Civil Liberties Union with the Civil Rights Con-

gress. It was the latter group that sponsored the

Robeson meeting in Peekskill, but Mrs. Roosevelt,

writing in her column, credited the ACLU with

sponsoring the meeting. Several days later she

carried the following correction in her column:

"The very first words I must write today are

-an apology to the Civil Liberties Union. In my

recent column about the Paul Robeson meeting, I

inadvertently said the meeting was sponsored by

the Civil Liberties Union instead of the Civil

Rights Congress, which is an organization that

has been on the Attorney General's subversive list

and which is said to be a Communist-front group.

It would be natural for the Civil Rights Congress

to sponsor this particular concert. I think it is

because I have had more to do in the past with the

Civil Liberties Union that their name came more

readily to my thoughts. I am very sorry to have.

made this mistake."'

The Civil Rights Congres for example, sup-

ports the cases of the twelve Communist leaders

who are being prosecuted in New York under

the Smith Sedition Act, but it is not interested in

the cases of the Trotskyists who were convicted

under the same law in Minneapolis.

The Civil Rights Congress sprang into being

on April 27 and 28, 1946, in Detroit, Michigan. It (c)

consolidated the National Federation for Consti-

tutional Liberties, the International Labor De-

fense, and the Michigan Civil Rights Federation.

They are advocates of civil liberties for ``our side,"

whereas the ACLU supports civil liberties for all

persons without distinction.

Door Opened fer Discussion of

Controversial Subjects at U.C.

The University of California has revised its

controversial "Rule 17" under which such persons

as Henry Wallace were barred from speaking on

the campus. The old rule provided that "Political

or religious groups will not be granted permits,

nor will the use of university facilities for parti-_

san, political or sectarian religious purposes be

allowed." The revised rule reads as follows:

"Meetings or events which by their nature,

method of promoting or general handling, tend to

involve the university in political or sectarian ac-

tivities in a partisan way will not be permitted.

Discussion of highly controversial issues normally

will be approved only when two or more aspects

of the problem are to be presented by a panel of

qualified speakers."

signed a Communist Party Nominating Petition

for candidate Israel Amter." She replied that she

had no recollection of signing such a petition, and

thatin New York, as. in California, one is ap-

preached to sign many petitions. That was the

only question at issue. Her sworn answer was

sent in on June 20, but it was not until September

20 that she learned that she had been "rated

eligible on loyalty' and that the matter was,

therefore, being dropped.

The final case in which there was a favorable

decision was more involved. A Presidio clerk-

typist was charged with attending a 1945 meeting

addressed by William Z. Foster and with having a

brother who is a Communist. It was also charged

that a month or two before she joined the Spars

at the age of nineteen, she attended the organizing

conference of American Youth for Democracy.

The employee made a sworn answer, and on May

10 she received a notice that a hearing would be

held on May 13.

Ordinarily, at least ten days' notice of a hearing

is given. When she appeared at the hearing, she

explained to the Examiner that she had not had

sufficient time to prepare her defense. The Ex-

aminer, however, depreciated the value of wit-

nesses and affidavits and said it would be time

enough to secure counsel if the Board ruled

against her. They did, forthwith. The employee

then secured the Union's assistance and a motion

was made to have the decision set aside and a new

hearing granted. At the second hearing, it was

shown, among other things, that the employee

was a member of Americans for Democratic Ac- -

-tion and that she had worked for the election of

Truman in 1948. This hearing was held on July

7 and 8 but it was not until September 20 that she

received notice she had been cleared. She was

suspended from her job immediately after the un-

favorable decision on the first hearing and will

apparently not be compensated for the four

months she was off the job. _

ACLU Defense of Pantheist

Succeeds in Maryland Court

Pantheist J. Milton Stanford, who was barred

from taking his seat on the Brentwood, Md., town

council because he refused to believe "in a future

state of rewards and punishment" after death, is

entitled to his elected office, County Circuit Judge

Charles C. Marbury ruled recently.

Judge Marbury asserted that a statute passed

in 1854 requiring all public officers to assert this

belief has been "superseded and by implication

repealed" with the-adoption of the present Mary-

land constitution in 1867. An article of the dec-

laration of rights in the constitution states "that

no religious test ought ever to be required as a

qualification for any office of profit or trust in

this state, other than a declaration of belief in

the existence of God; nor shall the legislature

prescribe any other oath of office other than the

oath prescribed by this constitution."

Attorneys Joseph I. Paper and John H. Skeen,

Jr., counsel for ACLU affiliate, the Maryland

Civil Liberties Committee, who represented Stan-

ford, based the major portion of the .case on the

point cited in the judge's decision. a

Re-elected without opposition to a second term

in June, Stanford was refused the oath of office

by the Brentwood mayor and town council, who

- cited the old act of 1854 which called for all public

officers to express their "belief in the Christian

religion," or if Jewish, `in a vee state of re- (c)

wards and punishments." ;

New Test of California's

Anti-Alien Land Law Pushed

`A new test of California's anti-alien land law,

which aims at barring sale of real property to

aliens of Japanese ancestry, is being pushed by

the Civil Rights Defense Union of Northern Cali-~

fornia in cooperation with the Japanese American

Citizens League and the latter's legal defense and

anti-discrimination committees.

In the Oyama case two years ago, in which the

ACLU opposed the law on the basis of racial dis-

crimination, the U.S. Supreme Court failed to

rule on the validity of the law but-ruled against

the state forcing forfeiture of property obtained

by an alien parent in the name of his citizen child.

It is expected that the test now being initiated

will again reach the U.S. Supreme Court.

Another challenge to the discriminatory Cali-

fornia law is being made by Sei Fujii, Los An-

geles publisher, which concentrates on the right

of aliens alone to purchase property.

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 2-3255 :

ERNEST BESIG...............- Editor

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

Post Office at San Francisco, California,

under the Act of March 8, 1879

Subscription Rates-One Dollar a Year.

Ten Cents per Copy

OPEN FORUM

Voluntary Euthanasia

Editor: Could anything be done in a judiciary way

in the following case, if it could be supposed that

my civil rights were affected?

I profess my own Christian religion, according

to which I believe that if I become old, not able

to work, unemployed, have to suffer from illness

and become a burden to others, needing always

their labor and help then I have the right to leave

this unfriendly world.

I suppose American civil liberties confer on me

_ the right to ask help of the court where my con--

science, faith or existence is involved.

Therefore, I have sent a petition to San Fran-

ciseo court asking to give me permission to buy

poison drugs. Not having-a reply for a long time,

I appealed to the District Court on May 9th and

later through police I was informed the court

could not do anything.

Was it right that the court did not take the case

into consideration under the common law rule?

Suicides now occur often arid sometimes are com-

mitted in a terrible way. Why not make it legal,

not terrifying.

May I ask you to put my case before your coun-

cil and to consider it. Should you need to look the

case over, it was started in the San Francisco

court February 18th or 19th, 1949. I am, certainly,

not able to pay, but your pamphlet tells that your

service is free.

Now I am old (70), suffer from illness almost

10 years, can hardly move, because of my heart

disease. I do not work, of course. My folks take

care of me, but I do not like to take their hard

earned money. I do not also wish any charity,

only to drag my existence through this world,

which I almost hate.

I am an American citizen from the year 1929,

an_ex-Russian attorney-at-law of Petrograd.

Your help, if you could do something, would

be very appreciated, I think, not only by me, but

by other unlucky free Americans, whose suffer-

ing, incurable illness, or life tragedy would be-

come unbearable to them, like mine.-J.S..

Why One Man Is Resigning

Editor:

I regret that I cannot further

work, much of which is good.

Communism as practiced in Russia is such an

evil thing and so threatens our country, that I

really favor any law or protection that: we .can

devise against it.

I don't especially fancy the defense of Priest

Terminiello working with the Rev. G. L. K. Smith;

and I do favor elimination of teachers who are

averse to disclaiming Communism.

__ Also, 'm not too thin skinned about just how

Communists are handled-they would just elimi-

nate us. I thing on the whole they get a square

deal in our courts.-J. L. .

support your

First Civilian Governor in

Guam Appointed by Krug

Another advance in the campaign to bring U.S.

territories in the Pacific under civilian rule was

- made August 25th when, Carlton Skinner, Direc-

_tor of Information in the Interior Department,

was appointed the first civilian governor of

Guam.

Although the Navy will not formally relinquish

control of the island until July, 1950, civilian rule

will begin as soon as Skinner assumes his post.

Rear Admiral C. A. Pownall, who has been the

island's governor, will retire this month.

President Truman last May intervened to has-

ten the island's rule by a civilian governor when

he wrote Interior Secretary Krug ordering the

panetet of administration from navy to civilian

rule.

The Skinner appointment has no bearing on the

effort to bring the island under general civil ad-

ministration or the granting of citizenship to the

inhabitants. Congressional action is required for

this, and although bills, backed by the ACLU

have been introduced, no action is expected until

Congressional hearings are held following the ad-

_journment of the present Congressional session.

Present Communist Hysteria Worst in _

Union's 29-Year History, Says Annual Report

Surveying the state of civil liberties in the

United States for the year ending July 31, the

29th annual report of the national office of the -

A.C.L.U. declares that our fear of Communism

has created an atmosphere which `makes the

maintenance of civil liberties precarious." The

present period of hysteria "exceeds in its severi-

ty, intolerance and fears any such period in the

- Union's 29 years of activity."' The report covers

88 pages and is titled "In the Shadow of Fear."

"Not only the liberties of real or suspected

Communists are at stake," says the report. `Far

beyond them, the measures to protect our insti-

tutions from Communist infiltration have set up

an unprecedented array of barriers to free asso-

ciation, of forced declarations of loyalty, of

black-lists and purges, and, most menacing to the

spirit of liberty, of taboos on those progressive

programs and principles which are the heart of

any expanding democracy.

Against a few "encouraging tendencies must

be pitted the far more ominous tendencies to out-

law or exorcise every manifestation of Commu-

nist influence-and with it inevitably a large area

of democratic liberty. The Communist Party is

threatened with outlawry either by federal legis-

lation which would in effect accomplish it or by

the government's current prosecution of its lead-

ers under the sedition act of 1940, charging a

criminal conspiracy solely for advocating historic _

Marxism as interpreted by the Communists. Bans

on Communists and those associated with agen-

cies held to be under Communist control, past or

present have been rapidly extended during the

year to cover not only all-federal employees, but

thousands of employees in private firms working

on government defense orders, all those receiving

atomic energy fellowships and all registrants for

the draft. :

| "Leading educators and associations have ban-

ned Communists alone from the teaching pro-

fession in moves unprecedented in academic life

in singling out membership in one political party

as a disqualification in itself, without regard

either to other equally valid disqualifications or

to the consequences of discouraging independence

among teachers or of encouraging heresy-hunters

and informers.

"Adding to the excitement over Communist

activity, real or imagined, the several legislative

committees on `Un-American Activities' in Con-

gress and the states have pursued their inflam-

matory and irresponsible exposures, though with

apparently less effect, due to their own excesses.

"Aliens charged with Communist connections

were ordered deported in increasing number.

ACLU Statement Opposes

Federal Anti-Subversive Bill

The American Civil Liberties Union stated re-

cently that passage of the Mundt-Ferguson-John-

ston anti-Communist bill would drive the Com-

munists "totally underground, and would thus

make the fight against communism and commu-

nistic denial of civil liberties for all, much more

difficult." The statement was addressed to the

Senate Judiciary Committee.

In letters to Senator Pat McCarran (D., Nev.),

chairman, and members of the Senate committee,

the Union asserted that the bill is a violation of

free speech and thought as it penalized persons

and organizations for their thoughts and views.

"It punishes those persons and organizations

without even a judicial trial and is therefore an

unconstitutional bill of attainder. Moreover, its

test of guilt by association is not only completely

" in violation of the Constitution, but also repug-

nant to our entire body of American traditions."

The Union cited the decision of Judge Joseph

Sherbow in Maryland's Circuit Court August 15th

in declaring unconstitutional the state's Ober Law

which was patterned after the proposal before the

Senate committee. Judge Sherbow, in his de-

cision, stated that the Maryland law violated the

freedoms guaranteed under the First and Four-

teenth amendments and failed to provide "due

process of law" as set down in the Fifth amendment.

James Loeb, Jr. Speaks Oct. 12

James Loeb, Jr., who recently joined with Roger

Baldwin in protesting to the Attorney General

against his inclusion of the North America Com-

mittee to Aid Spanish Democracy on the sub-

versive list, will speak in San Francisco on Wed-

nesday evening, October 12. at eight o'clock, at

the Western Women's Club, 111 O'Farrell St.

Mr. Loeb is an executive officer of Americans

for Democratic Action. Among other things, Mr.

Loeb is scheduled to discuss the operation of the

President's Loyalty Program.

and

other fiduciary relation,

Aliens seeking entry as visitors to international

conferences were denied it when suspected of

Communism. Even the United Nations staff has

not been immune from unsubstantiated attack

in Congress as an alleged center of Communist

espionage and subversion-evidently on the rath-

er obvious ground that the United Nations and

its staff admit Communists.

"The excessive and jittery concentration on the

Communist danger, so little justified by any acti-

vities at home but dramatized by Communist ex-

pansion abroad, has inevitably resulted in

strengthening the conservative anti-Communist

forces and those arms of the government devoted

to security. The military influence in government,

strong during and since the war, has certainly

not diminished. The FBI's functions have been

expanded under laws now penalizing opinions and

associations, risking for the first time in our

history the creation of a secret political police

system with its array of informers and under-

cover agents. The Attorney General's arbitrary

listing of subversive organizations totalling now

about 160-intended solely as a guide to loyalty

boards-has been grossly misused to stimulate

the search for heretics and to encourage local of-

ficials all over the country to deny rights to

agencies on the list."

STATEMENT OF THE OWNERSHIP, MANAGEMENT,

CIRCULATION, ETC., REQUIRED BY THE. ACTS OF

: CONGRESS OF AUGUST 24, 1912, AND

MARCH 3, 1933 AND JULY 2, 1946

Of American Civil Liberties Union News

monthly at San Francisco. California, for October, 1949.

City and County of San Francisco)

State of California ss.

Before me, a Notary Public in and for the State and city and

county aforesaid, personally appeared Ernest Besig, who, having

been duly sworn according to law, deposes and says that he is

the Editor of the American Civil Liberties Union-News, and that

the following is, to the best of his knowledge and belief. a

true statement of the ownership, management (and if a daily.

weekly, semiweekly or triweekly newspaper the circulation), etc.,

of the aforesaid publication for the date shown in the above

caption, required by the Act of August 24, 1912, as amended by

the Acts of March 3, 1988, and July 2, 1946, (section 537, Postal

yews and Regulations), printed on the reverse of this form,

iS That the names and addresses of the publisher, edi-

tor, managing editor, and business managers are: '

Publisher-American Civil Liberties Union of Northern CGall-

, fornia, 461 Market St., San Francisco 5.

Editor-Hrnest Besig, 461 Market St., San Francisco 5.

Managing Editor-None.

Business Manager-None.

2. That the owner is: (If owned bv a cornoration. its

name and address must be atated and also immediately there-

mnder the names and addresses of etockholders owning oar

holding one per cent or more of tntal amount of stock Te

not owned hv a cornoration. the names and addresses of the

individual owners must be given. If owned by a firm. com-

panv. or other unincorporated concern. its name and addresa,

as well as those of each individual member, must he eiven )

American Civil Taherties Wnion of Northern California, 4 1

Market S t., Sen Francisco 5.

Rt. Rev. Kdward L. Parsons, Chairman, 461 Market St..

Franrisen f.

Ernest Besig, Director, 461 Market St., San Francisco 5.

3. That the known hondholders, mortgagees. and other

securitv holders owning or holding 1 per cent or more of

tatal amount of bonds. morteages, or other securities are:

(Tf there are none. so state.) None.

4. That the two oaragranhs next above. giving the

names of the owners ctackholfers, and security holders. ff

anv. contain not onlv the list of "atorkholdears and security

holders as thev. appear upon the hooks anf the comnerv but

alan, in, cases where the ctockholdera or seaurity holder an-

pears unon the hooks of the comparv ac tructoses nr in anv

the name nf the nearson or enrnora-

tian for whom such trustee is actine. fs given: alen that the

esid two naragranhs contain statements ambhrarine affiant's |

full knowledge and belief as to the circumstances and con-

ditions under which stockholders and security holders who

do not appear upon the books of the: company as trustees,

hold stock and securities in a capacity other than that of a

bona fide owner and this affiant has no reason to believe

that any other person. association. or corporation has anv

interest direct or `indirect in. the gaid stock. bonds.

securities than as so stated hy him.

5. That the average number of conies of each issue of

this publication sold or distributed, through the mails or

otherwise, to paid subscribers during the twelve months pre-

ceding the date shown above is

(This information is required from daily, weekly, semiweekly

and triweekly newspapers only.)

published

San

or other

ERNEST BESIG, Editor.

Sworn to and subscribed before me this 26th day of Sep-

tember, 1949.

ALICE BE. LOWRIE,

(Seal)

Notary Public in and for the City and County of San

' Francisco, State of California. oo

(My Commission expires May 23, 1952.)

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

461 Market St.,

San Francisco 5, Calif.

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