vol. 15, no. 10

Civil Liberties

Union-News

"Eternal vigilance is th

VOLUME XV

SAN FRANCISCO, OCTOBER, 1950

Question for Discussion: "What Is the Legal

Status of the Communist Party Today?'

The annual membership meeting of the Amer-

ican Civil Liberties Union of Northern California,

marking the 16th anniversary of the local group,

will be held in San Francisco, on Friday evening,

October 20, at eight o'clock. The place of the

meeting will be announced shortly by postcard

notices. The subject for discussion is, "What is

the legal status of the Communist Party today?"

The speakers will be Prof. Frank C. Newman of

the University of California Law School and

attorney Clarence E. Rust of Oakland, a member

of the Union's Executive Committee. _

Rt. Rev. Edward L. Parsons, chairman of the

Union's Executive Committee will preside. The

director, Ernest Besig, will give a brief report on

the state of the ACLU.

Timely Subject

The subject for discussion is particularly timely.

Not since the early twentys has the country ex-

_ perienced the kind of Communist hysteria that

is sweeping the country today. At that time,

~ various states enacted criminal syndicalism laws

directed against members of the I.W.W. and the

Communist Party. Today, Federal and State gov-

ernments, as well as local governments, are enact-

ing repressive legislation. Congress has enacted

an omnibus Communist control bill, and has im-

posed other restraints upon Communists. Anti-

Communist loyalty oaths have been visited

upon public: employes, and public and private

employees are being subjected to loyalty checks.

The prinicipal concern at the meeting is not

whether under the Bill of Rights Communists

have the same right to civil liberties as anyone

- else, but just where the Communists stand today

in relation to the law. What is happening to Com-

munists under ordinances, statutes and regula-

tions that have not been invalidated by the

courts'? What restraints, if any, have the sanction

of the courts?:

Layman's Questions

Recently, a California legislator was quoted as

saying, "The Communist Party is not a political

party at all but a criminal conspiracy against the

state and federal governments." As a legal mat-

ter, is the Communist Party a criminal conspi-_

racy? Does the party or its leaders represent a

foreign government? As a matter of law, is the

party seeking to alter the form of our demo-

cratic institutions in an illegal manner? Why

has the Justice Department opposed efforts to

outlaw the group? Why has the Department pro-

secuted merely under the Smith Act and not un-

der any other laws, for example, the law re-

quiring registration of the agents of a foreign

government? What is the legal effect on the

Communist Party of the decision in the cases of

the eleven Communist leaders? Is there legal

authority for treating Communists any differ-

ently than any other American citizens? Does

the law permit registration of Communist or-

ganizations and party members, and does it allow

FACTS ABOUT THE MEETING

Time: Friday evening, Oct. 20, at 8 o'clock.

Place: To oe announced shortly by postcard

notices.

Subject: "WHAT IS THE LEGAL STATUS

OF THE COMMUNIST PARTY TO-

DAY?" Also, brief report on the state

of the Union.

Chairman: Rt. Rev. Edward L. Parsons.

Speakers: Prof. Frank C. Newman

Clarence E. Rust

Ernest Besig, report.

No Admission Charge y Public Invited

discrimination against Communists in the issu-

ance of passports?

These and many other questions are bothering

the layman. What our speakers will attempt to

do is to outline what our legislators and admin-

istrators as well as the courts have decided

about the legal status of the Communists today.

While this will largely be exposition of the law,

we don't mean to suggest that the speakers will

try to hide their opinions.

_ Not A Debate

But this is not a debate. As far as possible, the

intention is to make it an inquiry into the legal

status of the Communist Party in the United

States today..Each speaker will present his own

personal views, which do not necessarily reflect

those of the ACLU. Following the speeches, writ-

ten questions will be solicited from the audience.

If you have a question you would like to ask,

why not write it out in advance of the meeting? |

The Union's Executive Committee sincerely

hopes that the meeting wil! be well'supported and

_that the membership will make it an occasion to

invite their friends. There is no admission

charge, and no collection will be taken. The meet-

ing is open to all who are interested.

U. S. Employee Given Loyalty

Clearance After 2-Year Wait

The Interior Department Loyalty Board last

month notified the ACLU that favorable action

had been taken in a Reclamation Bureau loyalty

case that had been pending almost two years.

Upon receiving charges, dated October 7, 1948,

the employee made an immediate response but

failed to request a hearing. Upon receiving the

answer, and before ten days had elapsed in which

to request a hearing, the departmental loyalty

board ordered the employee's dismissal.

An appeal was taken by the employee, who

then turned to the ACLU for help. Through the

- Union's national office, competent counsel was

secured in Washington who argued the matter

before the Secretary of the Interior. The latter

reversed the dismissal and allowed a hearing.

The hearing was held in San Francisco on May

14, 1949. The employee was represented by Ernest

Besig. Only after repeated inquiries was the Union

informed about the decision in the case. No ex-

planation was offered for the long wait. Fortu-

nately, during the entire period the employee

continued on the job, although he never knew

. which day would be his last.

Bible Reading In Schools

Before N.J. High Court "

The legality of a New Jersey state law pro-

viding for recital of the Lord's Prayer and brief

readings from the Old Testament in public schools

was under consideration last month by the State

Supreme Court, which reserved decision. The case

was on appeal from a judgment from the Superior

Court in Paterson, which sustained the act's le-

gality under the state and federal constitutions.

Counsel for Mrs. Anna E. Klein of Hawthorne

and Donald R. Doremus of Rutherford, appealing

as New Jersey taxpayers contributing to the cost

of public schools, said that the statute violated

the First and Fourteenth amendments to the fed-

eral constitution.

The Hawthorne Board of Education Counsel

Alexander E. Fasoli said that `non-sectarian rec-

ognition of God by the state in public transactions

and es is not prohibited by these amend-

ments."

lecting October 2 @

Free Press

Free Speech

Free Assemblage

e price of liberty."

No. 10

@ @

World Federalist Tie

e @ge e Oye

Stymies Citizenship Petition

Membership in the United World Federalists

has proved an almost insurmountable obstacle to

citizenship for a German refugee. Twenty months

ago she filed her petition, but, despite having two

gons who served honorably in the U. 8S. armed

services (one of whom served overseas) action

on it is being held up pending an investigation

into her membership in the World Federalists.

Last November, the alien had a hearing before

a so-called Designated Examiner. That hearing

centered around the question of the alien's mem-

bership in the United World Federalists. Follow-

ing are a few of the questions asked by the Ex- s

aminer: :

"Q. All I can gather from what you have told

me now, is that this organization desires to create

a United States of the World. That would do

away with the United States of America, so the

thought occurs to me why don't you apply for

citizenship in the United States of the World?"

"Q. If the United States is going for a move-

ment to give up its sovereignty, I don't see why

_you want citizenship in the United States?" -

"Q. You understand Mrs. ....... b.) Lam nor

criticizing this organization, I am trying to find

out its aims and purposes."

"Q. I don't quite understand how a, person like |

you, who never engaged in any political activity

of any kind, either in Germany or the United

States, would join the United World Federalists S

After the hearing, the case was referred to the

national office of the Naturalization Service

where it still rests. Since the petitioner is an

alien enemy, because we are still at war with Ger- -

many, she requires a certificate of loyalty from

the Government, which has not yet been granted.

Ten Persons Elected to Union's

Exec. Comm. for 3-Year Terms

Seven persons were elected to membership on

the Union's Executive Committee last month, (c) :

while three others-attorney Wayne M. Collins,

Seaton W. Manning, Secretary of the San Fran- -

cisco Urban League, and Rabbi Irving F. Reich-

ert, were reelected. All ten will serve three-year

terms expiring October 31, 1953. The elections

must be confirmed at the annual membership

meeting on October 20.

" Those newly elected to the Committee are as

follows:

Robert Ash, Secretary, Alameda County Cen-

tral Labor Council (A.F. of L.)

Prof. Edward L. Barrett, Jr., University of

California Law School -

Arnold F. Campo, Representative, United Steel

Workers of America

Prof. Van D. Kennedy, Assistant Prof. of In-

dustrial Relations, Department of Business Ad-

ministration, Univ. of Calif.

Rev. Harry C. Meserve, Minister, First Uni-

tarian Church, San Francisco

Fred H. Smith, IV, owner, Red Feather Pro-

_ ducts, San Francisco

Prof. Carl B. Spaeth, Dean, Stanford Law

School. ,

In Memory of Max Radin

Last month, the ACLU received an anonymous

contribution of $25 in memory of Prof. Max

Radin. The gift to the Union was made in lieu of

flowers for the funeral. According to Prof. Ra-

din's daughter, nothing was closer to her father's

heart and interest than the ACLU. At the time

of his death, Prof. Radin was a member of the

Union's National Committee.

Page? .

AMERICAN CIVIL LIBERTIES

UNION-NEWS

mas

Negro Students Win Right

To Attend Univ. of Delaware

The National Association For the Advance-

ment of Colored People has announced victory in

its first suit filed for admission of Negro students

co a "white" undergraduate institution of higher

`earning. As _a result of a Delaware Court of

Chancery ruling, Negro undergraduates will be

admitted to the University of Delaware.

The Vice-Chancellor of the Court of Chancery

upheld the NAACP contention that facilities of-

tered at Delaware State College, a Negro institu-

`ion, were "`grossly inferior' to those at the Uni-

versity of Delaware, and ruled that Negro stu-

dents who are citizens of Delaware must be ad-

mitted to the University on the same basis as

white students.

_ In another action a three-judge Federal Court

in Virginia directed the University of Virginia

not to deny anyone admittance to its law school

because of race or color. The university was di-

rected to admit a Negro lawyer, George Swanson,

who was denied entrance to the graduate school.

Metropolitan's Stuyvesant

Town to Admit Negro Tenants

Stuyvesant Town, the Metropolitan Life Insur-

ance Company housing development in New

York, has lifted its race ban to the extent of leas-

ing apartments to "qualified Negro tenants." At

least five families are expected to move in on

- September 1. The company denies any change

in policy, affirming its right to "select tenants of

its own choice."

The ACLU recently called on the Metropolitan

Life to reconsider its action "or publicly explain

the reasons" in refusing renewal of leases to 35

tenants, who have been active in a committee to

eliminate racial discrimination in the project.

In a letter to the Metropolitan Board chairman,

the ACLU and the New York Civil Liberties Com-

mittee said, "Until this situation is clarified the

public may well doubt the good faith of Metro-

politan in its decision to admit Negro tenants

into its projects." .

Summary Dismissal Allowed

_ From Government Jobs

President Truman recently signed a law givin

the heads of eleven eonetee: Cone ee

cies the right to discharge employees summarily

for security reasons. In addition to the eleven

defense and semi-military agencies specified, the

bill grants the President the power to extend its

provisions to any other Federal agency.

A suspended employee will have a "reasonable

opportunity" to answer charges against him, and

may demand a review. In the end, the agency

head has the final decision. A dismissed em-

ployee, however, may appeal to the Civil Service

Commission for a hearing, and the board may

recommend him for work in another department.

Executive Committee

American Givil 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

Robert Ash

Prof. Edward L. Barrett, Jr.

John H. Brill

Prof. James R. Caldwell

Arnold F. Campo

Wayne M. Collins

Rev. Oscar F. Green

Margaret C. Hayes

Prof..Van D. Kennedy

Ruth Kingman

Seaton W. Manning

Rev. Harry C. Meserve 0x00B0

Mrs. Bruce Porter

Rabbi Irving F. Reichert

Clarence M. Rust

Fred H. Smith, IV

Dean Carl B. Spaeth

Prof. Wallace E. Stegner

Beatrice Mark Stern

Dr. Howard Thurman

Kathleen Drew Tolman

ce

`Freedom Crusade' Invades

thn

- Shetinne

ae ettineth

In Circulating Scroll in

Over the protests of the Civil Liberties Union,

the San Francisco Board of Education voted, on

September 21, to circulate the "Freedom Cru-

sade" scroll among the students of the public

schools. However, by a tie vote, the Board banned

the collection of funds in the schools to finance

the operation of radio stations in Europe to

broadcast anti-Communist propaganda. The

Board did authorize teachers to inform pupils as

to where they could make contributions to the

"Crusade."

The "Freedom Crusade" comes, in a measure,

as a response to the Stockholm peace appeal,

which is generally described as a Communist ven-

ture. On the Pacific Coast, the "Crusade" is

headed by a banker who, shortly after advocating

a vigilante anti-Communist crusade, became

head of the "Crusade.'' Besides collecting signa-

tures on its scroll, which is referred to as a sign-

up of citizens against Communism, it is also soli-

citing funds to be applied, according to newspaper

accounts, to the development of short-wave radio

networks in Europe and Asia for the dissemina- |

tion of news and anti-Communist counter pro-

paganda to the oppressed areas behind the Iron

Curtain. Apparently, it is felt that the Voice of

America cannot do an adequate job, but no one

around San Francisco seems to know what the

private stations can do that the Voice of America

is not presently doing. The stations will ke oper-

ated by the National Committee for a Free Europe.

The Union does not question the right of

American citizens to participate in the "Freedom

Crusade." One may question the wisdom of such a

negative program and suggest that it is contri-

buting to the wild anti-Communist hysteria in

this country, or perhaps one may not agree with

the wording of the scroll, but if any group of

private citizens wishes to engage in such an un-

dertaking, they certainly have every right to do

so. At the same time, it is the antithesis of free-

dom to use the power and influence of the State

in order to pressure school children to support

such a political venture. It may be hoped that our

children will not be whipped into the kind of anti-

Communist hysteria to which their parents have

unfortunately succumbed.

In the elementary schools in particular, school

children exercise very little freedom of choice

when the prestige and authority of the teacher

is behind a venture. In fact, the particular pro-

gram will have little meaning to youngsters

barely able to write their names on the scroll

without some sales talk from the teacher. More-

over, there is danger that the exceptional child

who refuses to sign, or who fails to wear the but-

ton that is given to signers, will be looked upon

as a pariah by the rest of the children.

We have no doubt that the school authorities

would not circulate the Stockholm peace petition

in the schools, and rightly so, but by the same

token they have no right to circulate the scroll.

Despite the opinion of the Board's legal adviser,

Irving Breyer, the "Freedom Crusade" scroll is

just as much propaganda as the Stockholm peace

petition.

The protests to the Superintendent and the

Board by parents and the Union may have re-

sulted in a greater emphasis upon the voluntary

nature of the sign-up than would otherwise have

occurred. In any case, there follows, in part, the

instructions issued by Superintendent Herbert C.

Clish, a local vice-chairman of the sponsoring

group, as to the procedures to be followed in cir-

culating the scroll in the schools:

"... Any who prefer not to sign it or whose

parents have stated that they do not wish them

to sign it should, of course, not be asked to do so.

"Teachers might well discuss with the students

the underlying purpose of the Crusade for Free- "

dom as stated in the declaration of freedom. Some

schools may plan to handle it as Gedrge Wash-

ington High School is arranging it; namely, to

have booths where students who wish to do so

may sign the Freedom Scroll. Others may elect

to simply have a Freedom Scroll on a table or

empty desk centif such there be) where pupils who

wish to do so may at any time during the week,

following the teachers presentation, sign the

scroll.

"From the Superintendent's point of view, this

is but an opportunity for all of us to rededicate

ourselves to the underlying priniciples of this

great system of government under which we ar

privileged to live.

". ... Accompanying the scrolls will be the

Freedom Buttons. A button should be given to

each child who signs the Freedom Scroll so that

he may, if he wishes to do so, wear it."

As a practical matter, under the instructions

given by Dr. Clish, the degree of freedom which

the individual student will enjoy in deciding

aia ----- =

Freedom of Pupils

S.F. Public Schools

upon the prinicipal and the classroom teacher. -

Of course, the incentive of a button is not to be

`ignored where the small fry are concerned. As

we go to press, we have not been able to discover

how the principals will exercise their discretion.

In most cases, the instructions had not yet been

read nor the material distributed.

The Union's protest to the Superintendent of

Schools follows:

"Our attention has been directed to announce-

- ments carried in recent issues of your school bul-

letin declaring that the `Freedom Crusade' scroll

will be circulated throughout the schools, and

that contributions will be solicited of the school

children to help finance a radio station. We un-

derstand that the Board's approval of such an

undertaking will be sought at the meeting on

September 21.

"This organization defends the constitutional

right of petition and, therefore, the right of the

`Freedom Crusade' to circulate its scroll among

citizens of this community. At the same time, we

question whether the State through its schools

may cooperate in such a venture and collect mo-

ney for a private radio project.

"Tn this connection we would like to direct your

attention to Section 8274(a) of the California

Education Code, which reads in part as follows:

`No bulletin, circular or other publication of any

character whose purpose is to spread propaganda

or to foster membership in or subscription to the

funds of any organization not directly under the

control of school authorities, . . . shall be distri-

buted or suffered to be distributed or shown to

the pupils of any public school on the school pre-

mises during school hours or within one hour

before the time of opening or within one hour

after the closing of the school.' Part (b) of this

same section provides as follows: `No pupil of the

public school shall be solicited by teachers or

others to subscribe to the funds of, or work for,

any organization not directly under the control

of the school authorities.'

"The only exception allowed under the law ap-

plies to parent-teacher organizations.

"T am sure that the sponsors of the `Crusade'

could not have been aware of the prohibitions of

the law when they presented their requests to

you. I am confident, too, that if this matter is

called to their attention, they will be the first to

demand respect for the law and the rights of

others."

UNESCO Delays Action on

Human Rights Covenant

Because of general dissatisfaction with the

draft covenant on human rights as it emerged

from the UN Human Rights Commission as a

basis for an international charter of human

rights, UNESCO has returned the document to

the General Assembly for further consideration.

Roger Baldwin, president of the International

League for the Rights of Man, in approval of the

action, said the primary reason for dissatisfac-

tion is the absence in the draft of any provision

for individual petitions to the United Nations

against rights violations. `Without such ma-

chinery," he said, no UN action in the field of

human rights could amount to much. Confining

the right to protest rights violations to govern-

ments would subvert the whole world movement

of seeking protection against government viola-

tions."

TV Censorship Bill Dies When

Ohio Legislature Adjourns

State censorship of television films in Ohio

failed when the legislature adjourned without

taking action on a proposed censorship bill. Sen-

ator Ed F. Sawicki, who introduced the censor-

ship bill, said that it had died in committee.

Director of Education Clyde Hissong, also the -

state's chief censor, said that his department ig-

nores the existence of television so far as censor-

ship is concerned, maintaining that censorship of

films on television would require "a complete re-

vamping of the existing system" of censorship.

Second District P.-T.A. Opposes

Circulation of Freedom Scroll

By a vote of 154-76, the Second District Pa-

rent-Teachers. Association, meeting in San Fran-

cisco on September 26, condemned the circulation

of the Freedom Scroll in the San Francisco public

schools. The group was reported to have opposed

the circulation of any propaganda in the schools,

whether it be good or bad. Further protests

against the circulation of the scroll in the schools

were expected to be made at the Board meeting

whether or not to sign the scroll depends largely Wednesday evening, September 27.

ACLU Urges Sen. to End Ban

On People's World Reporter

The American Civil Liberties Union of North-

ern California last month petitioned the Califor-

nia Senate to give to the reporters of the Daily

People's World the same floor privileges it ex-

tends to reporters of other newspapers. The Un-

ion's action followed the adoption of a motion pre-

nted by Sen. Jack B. Tenney excluding Jack

. Quayle, Jr. from the floor of the Senate. The

motion carried by a vote of 27-4. Sen. O'Gara of

San Francisco voted for the motion.

"It seems to us," said the Union, `that the

Senate's action in discriminating against this al-

leged Communist newspaper violates the spirit

of our constitutional guarantees of freedom of

speech and of the press. As Justice Holmes once

said, `If there is any principle of the Constitution

that more imperatively calls for attachment than

any other it is the principle of free thought-not

free thought for those who agree with us but free-

dom for the thought we hate'."'

The Civil Liberties Union recalled that former

Gov. Culbert L. Olson had once barred reporters.

of the "San Francisco Examiner" from his press

conferences. "We opposed that action just as we

oppose the Senate's present action," said the Un-

ion. "Access to the news should be given by the

government to all newspapers without distinction.

If the reporters of the Daily's People's World can

be barred from the Senate floor, so can the re-

porters of any other newspaper."

"It is generally recognized," the Union went

on to say, "that there is an hysterical fear of

Communism sweeping the country at the present

time. Unfortunately, the Senate's action merely

adds to that hysteria. If our public servants suc-

cumb to that hysteria, they will undermine our

internal security and our basic freedoms."

In urging the exclusion of Quayle, Sen. Tenney

declared "any representative of a Communist

paper in the U.S. today is a Communist and an

agent, an enemy of the U.S. and the same breed

of dog as those shooting our boys in Korea." He

said his only purpose was to withhold "state facil-

ities" from the representative of the "Soviet

Politburo-controlled paper."

Sen. Tenney insisted `there is no difference be-

tween a North Korean soldier and this news- |

paperman. Would you seat North Koreans here

in our midst?" - a a

_ Sen. Jess Mayo, a newspaper publisher in Cala-

veras county, opposed Sen. Tenney's motion. He

said the issue had nothing to do with Communism,

but was one of freedom of the press. "No law in

the U.S. or California has abolished this paper.

It operates legally. Because you and I disagree

with what it publishes is no reason its represen-

tative should be barred ... We are doing some-

thing wrong because we are in a moment of emo-

tion and hysteria."

S. F. May Drop Loyalty Oath

And Registration Proposals

Because of the enactment by the State Legis-

lature of a loyalty oath for all puklic employees

in the State, the Judiciary Committee of the San

Francisco Board of Supervisors on September 26

postponed consideration of a loyalty oath for

county employees for thirty days. If it is felt

that the State law is adequate, the local proposal

will be dropped.

Unlike the State law, the local proposal re-

quires an employee to state whether "he is or

ever was a member of the Communist Party of

the United States of America or of the Commu-

nist Political Association, or of any 2foup ..

which advises, advocates or teaches .. . the over-

throw by force, violence or other unlawful means,

of the government of the United States of

America, etc."

Committee consideration of a proposal to re-

quire registration of members of the Communist

Party and other alleged subversive organizations,

which was scheduled for September 28, has

been postponed for sixty days, because of the

passage of the McCarran bill. It is quite likely

that the San Francisco: proposal will eventually

be dropped.

In Marin County, the ACLU appeared in oppo-

sition to a proposal to require loyalty oaths of

2950 county employees. Action was postponed unti!

October 2. In the meantime, a "voluntary" sign-

up of county employees is taking place.

Booknote

COURTROOM by Quentin Reynolds, Farrar,

Straus and Co., $3.75. An exciting account of

the legal career of the noted criminal lawyer,

Judge Samuel 8. Leibowitz, who believed that

even the guilty have a right to civil liberties. The

book contains several interesting suggestions for .

improving the processes of the criminal law, and

in addition, tells the "inside" stories of the Scotts-

boro case and the Bruno Hauptmann case.

AMERICAN CIVIL LIBERTIES UNION-NEWS

ca rx

California Legislature Enacts Loyalty

Oath for `Civil Defense `

An estimated million people in the State of

California will be required to take the loyalty

oath enacted at the recent special session of the

California Legislature. This huge figure results

from the fact that the law applies to civil defense

workers, and that term embraces "all public em-

ployees and all volunteers in any civilian defense

organization accredited by the State Disaster

_ Council. The term `public employees' includes all

persons employed by the:State or any county,

city, city and county, state agency or public dis-

trict, excluding aliens legally employed.

The oath must be taken by public employees

within 30 days after the Governor approves the

law. No civil defense worker may draw compen-

sation or reimbursement for expenses incurred

unless he has taken and subscribed to the oath.

Perjury is punishable by imprisonment in the

state prison for from 1-14 years. Other viola-

,tions of the law are subject to a like penalty.

The new loyalty oath was adopted in short

order. Identical bills having the Governor's ap-

proval were introduced in both houses of the

Legislature on Friday, September 22. When the

Legislature reconvened on September 25, follow-

ing the week-end recess, each house adopted its

own bill. Final action was taken the next day.

Only five opposing votes were recorded.

The portion of the new law setting forth the

loyalty oath reads as follows: :

AA ee a Seer , do solemnly swear (or

affirm) that I will support and defend the Con-

"The Year of the Oath"

This new book by Prof. George R. Stewart,

tells the story of the loyalty oath controversy

at the University of California. Following the

excellent review of the book by Joseph Henry

Jackson, it was reported that the first edition

had been entirely exhausted. The Union ex-

pects to have a limited supply on hand around

October 1. The price of the book is $2. Send

your orders, together with a check, to

American Civil Liberties Union

503 Market St.,

`San Francisco 5, Calif.

Most Suppressive Measures

Killed by Special Session

While passing a loyalty oath for "civil defense

workers," a dangerous `death for saboteurs bill,"

and_.a measure giving the Attorney General $25,-

000 to check on "`subversives,"' the special session

of the California Legislature rejected most of the

suppressive bills that were introduced, and espe-

cially the worst ones. But a final judgment as to

the results of the session on civil liberties will

have to await a careful analysis of the measures

that were adopted and that are finally signed by

the Governor.

On the last day of the session, a Communist

registration bill was introduced. It failed to clear

an Assembly committee but was referred to an

interim committee for a report to the Legislature

at the regular session next January. This parti-

cular piece of legislation, however, demonstrates

the problem in trying to keep up with what goes

on at a special session of the Legislature. Unless

an experienced lobbyist is on hand at all times,

proposals may be introduced and rushed through

without proper consideration, and without the

public being aware of what has happened until it

is too late. ,

Receiving a like fate as the Communist regis-

tration bill was a measure requiring loyalty oaths

of all members of businesses and professions li-

censed by the state. Two other loyalty oath bills

were also killed. One of them would have required

loyalty oaths of all candidates for public office.

The second bill, a constitutional amendment by

Mr. Tenney and others, would have given the

Legislature authority to investigate the loyalty

and require loyalty oaths of all public employees,

including employees of the University of Cali-

fornia.

Another Tenney proposal would, in effect, have

_allowed employers to give loyalty tests to their

employees. It provided that "Nothing in this

chapter shall prevent an employer from adopting

policies against employing persons, or from dis-

charging employees, because of their membership

-in or affiliation with, the Communist Party or

any organization that has as one of its precepts,

or advocates, the overthrow of the Government

of this State or of the United States by force or

by illegal or unconstitutional means." The bill

failed by one vote to get a "do pass" recommen-

dation by a Senate committee.

The State Senate adopted a resolution applaud-

ing the Regents for dismissing professors at U.C.

who refused to sign a loyalty oath, but the mea-

sure died in the Assembly.

Page 8

x ---

Workers'

stitution of the United States and the Constitu-

tion of the State of California against all enemies,

foreign and domestic; that I will bear true faith

and allegiance to the Constitution of the United

States and the Constitution of the State of Cali-

fornia; that I take this obligation freely, without

any mental reservation or purpose of evasion;

and that I will well and faithfully discharge the

duties upon which I am about to enter.

"And I do further swear (or affirm) that I do

not advocate, nor am I a member of any party

or organization, political or otherwise, that advo-

cates the overthrow of the Government of the

United States or of the State of California by

force or violence or other unlawful means; that

within the five years immediately preceding the

taking of this oath I have not been a member of

any party or organization, political or otherwise,

that advocated the overthrow of the Government

of the United States or of the State of California

by force or violence or other unlawful means

except as follows:

(If no affiliations write in the words `No Exceptions')

and that during such times as I am a member or

employee of the... 0.

(name, of public agency,)

I will not advocate nor become a member of any

party or organization, political or otherwise, that

advocates the overthrow of the Government of

the United States or of the State of California

by force or violence or other unlawful means."

Union Ready to Aid Court

Tests of McCarran Bill |

The Board of Directors of the American Civil

Liberties Union on September 25 announced its (c)

"readiness to aid in court tests of those provisions

of the Internal Security Act of 1950 which we re-

gard as unconstitutional." The sweeping anti-

subversive legislation, known as the McCarran

Act, was passed by the Senate and House over

President Truman's veto on September 23.

The full text of the statement follows:

"As uncompromising opponents of Communist

tyranny, and all the other forms of totalitarian-

ism, we deplore most of the provisions of the In-

ternal Security Act of 1950, which has been

passed by Congress over President Truman's

veto. They endanger the constitutional rights of

all American citizens, and weaken instead of (c)

strengthen our national security against subver-

sive acts. They embarass our democracy in its

world-wide struggle for the minds of men, by

making us appear hypocritical rather than sin-

cere in our professed devotion to civil liberties. -

"The final omnibus form of this legislation

lumps together matters which should have been

dealt with separately, and contains last-minute

provisions which are of great importance but

which were given no chance of thorough discus-

sion. Many Senators and Congressmen seem to

have hastily succumbed to popular hysteria, ab-

dicating their proper function as rational and

discriminating representatives.

"We hereby announce our readiness to aid in

court tests of those provisions of the act which

we regard as unconstitutional. We call on all

Americans to reexamine carefully the wisdom

of the various provisions of the act. We also call

on all Americans not to let the passage of this

act cause a general cancellation of free speech

and other civil liberties-either by fear of exer-

cising one's own rights, or by suppression of the

rights of others."

Missouri School Board Refuses

To Rehire Nuns as Teachers

The school board of Linn, Missouri, has ad-

vertised in two local papers that it will not rehire

Catholic nuns as public school teachers, stating

its belief that "the present manner of supporting

St. George's School at Linn, with public moneys,

violates our Missouri constitutional guarantees

of religious liberty."

In July, 1950, Division No. 1 of the Supreme

Court of Missouri handed down a decision in the

Meta, Osage County, school case, in which the

court's opinion stated, ``The constitutional policy

of our state has decreed the absolute separation

of Chureh and State, not only in governmental

matters but in educational ones as well. Public

money, coming from taxpayers of every denomi-

nation, may not be used for the help of any reli-

gious sect in education or otherwise."

The Missouri Association for Public Free

Schools has been active in discovering areas in

which the Supreme.Court decision was ignored.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

' American Civil Liberties Union-News

Published monthly at 503 Market St., San Francisco 5,

Calif., by the American Civil Liberties Union

of Northern California.

Phone: EXbrook 2-3255

ERNEST BESIG. Editor

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

Post Office at San Francisco, California,

: under the Act of March 3, 1879

Subseription Rates-One Dollar a Year.

fen Cents per Copy -15lig

Judge McColloch Retracts

Criticism of ACLU

Federal Judge Claude McColloch of Portland,

Oregon, last month publicly retracted a state-

ment of his which appeared in the August 24

issue of The Recorder, San Francisco legal paper,

charging that the ACLU had opposed the nomi-

uation of James M. Carter to the Federal Court

in Los Angeles because he had "conducted Com-

munist investigations with firmness and vigor."

He had also charged that the Union, of late, has

interested itself in Communist cases, particularly

in New York and Los Angeles. :

The September 8 issue of The Recorder carried

the following retraction:

United States Courthouse

Portland, Oregon ~

September 6, 1950.

Editor, "The Recorder."

Dear Sir:

_ Mr. Besig is right. The American Civil Liber-

ties Union did not oppose confirmation of J udge

Carter. It was the National Lawyers Guild. I got

the correct information from Judge Carter in San

Francisco in July. Sorry to have led you into my

error, and glad to make this retraction. I had

obtained my information from a newspaper dis-

_ patch. I tried to get a transcript of the proceed-

ings before the Senate sub-committee, but this

was refused me on the ground that it was secret

information. Had this been furnished me, I, of

course, would not have fallen into the error I did.

I did not say or suggest that the Civil Liberties

Union is a Communist organization. I said it had

taken the Communist side in recent cases, and

Mr. Besig admits that it opposed Judge Carter

when he was prosecuting the Los Angeles cases,

Mioueh the Union did not oppose his confirma-

ion.

Very truly yours,

Claude McColloch,

District Judge.

New Rochelle, N.Y., to Require

Communist Registration

_ The New Rochelle, N.Y. City Council, egged on

by Mayor Stanley W. Church: last month pie

without public hearing an ordinance requiring

Communists to register with the chief of police.

The ordinance requires registration within ten

days of all Communists who reside or are em-

ployed or have regular places of business in New

Rochelle, or who even regularly enter or travel

through the city. It will also apply to members

of any group "organized or operating primarily

for the purpose of advancing the objectives of the

world-wide Communist movement." Persons fail-

ing to comply are subject to a maximum penalty

of six months in jail or a $500 fine or both.

___ Teachers Oppose Loyalty Oaths

The AFL American Federation of Teachers

meeting in Detroit at its 33rd annual conven-

tion, reaffirmed by unanimous voice vote its 1949

_ stand opposing special loyalty oaths for teachers

_+ and the establishment or continuation of loyalty

boards.

' It also approved a resolution su ` :

_ demic freedom for students pporting aca

NY,

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

503 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

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

bership: Associate Member, $3; Annual Mem-

ber, $5; Business and Professional Member,

$10; Family Membership, $25: Contributing

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

bership includes subscription to the "American

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

0x00B0

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

3. Please enter my subscription to the NEWS, $1

per year) e Z

Enclosed please: find $:.2220200 Please bill

MO.

Name

Street

City. and Zone.

Occupation

- Citizenship

aero

ht

Truman's Veto of Walter's

Bill Stands

President Truman on September 9 vetoed the

Walter bill providing that the right to become a

naturalized citizen of the United States should

not be denied or abridged because of race. The

bill was limited to Asiatics legally resident in the

United States at this time, and did not open the

doors to immigration of Japanese, Koreans and

others still barred by the Japanese Exclusion Act.

The House overrode the President's veto by a

vote of 317 to 14, but the Senate failed to take

action before adjourning. It is understood that

`Sen. McCarran will introduce a new bill in No-

vember eliminating a section aimed at subver-

sives opposed by the President. Under the Com-

munist control bill recently enacted by the Senate,

all applicants for naturalization will be subject

to a provision of the law denying citizenship to

persons belonging to Communist fronts, or who

join within five years of naturalization.

In his veto, President Truman declared: `. . .

Congress has attempted, by the use of much new

language, to reach persons who may covertly

seek to overthrow this Government, through

their association with communist-front and simi-

lar organizations. However, the language of this

second section is so vague and ill-defined that no

one can tell what it may mean or how it may be

applied. The result might be to weaken our nat-

uralization laws rather than strengthen them.

The result might also be to jeopardize the basic

rights of our naturalized citizens and other per-

sons legitimately admitted to the United States.

"In my judgment, it would be impossible to ad-

minister this Act without creating a twilight spe-

cies of second-class citizens, persons who could

be deprived of citizenship on technical grounds,

through their ignorance or lack of judgment. If

an individual should, at any time within five years

after naturalization, become affiliated with a

proscribed organization, this resolution would

specifically make his act prima facie evidence of

lack of attachment to the principles of the Con-

stitution of the United States. It would place upon

him the requirement of presenting countervailing

es to prevent the revocation of his citizen-

ship.

"This resolution does not even stop with cre-

ating second-class citizens. Where newly natural-

ized citizens or legally admitted aliens are con-

cerned, it could be used to destroy the right of

free speech and the freedom to follow intellectual

pursuits without fear of retaliation from a

vengeful Government.

"These provisions will inevitably produce great

uncertainty and confusion in administration. This

becomes evident when it is recognized, as it must

be, that the resolution fails to define its terms

and establishes absolutely no ascertainable stand-

ards for their application. Not only is this in

violation of our traditional concepts of what laws

should do, it also makes it impossible to deter-

mine in advance what procedures will be used to

prosecute alleged violations of the law. I cannot

approve a measure which has these deficiencies

First Peruvian-Japanese

OK'd for Return to Peru

Last month, the Peruvian Ambassador in

Washington notified Kiichi Yata, a Peruvian-

Japanese residing at Seabrook Farms in New

Jersey, that he would be allowed to rejoin his

wife and five Peruvian born children in Peru. He

was instructed to apply to the nearest Peruvian

consul for travel documents. As a result, the U.S.

Immigration Service notified the alien that un-

less he departs voluntarily at his own expense, he

will be deported to Peru.

Last June, the Foreign Minister of Peru advised

the U.S. Ambassador that his country was pre-

pared to give "individual consideration" to the

re-admission of Peruvian-Japanese who were

_ brought to the United States against their will in

1943 and 1944 and interned. Yata is the first

Peruvian-Japanese to be allowed to return in ac-

cordance with the Foreign Minister's declaration.

The only Peruvian-Japanese presently interested

in returning are those who have families in Peru.

Those who arrived in 1943 are now eligible for

permanent residence in this country.

Newark Bans Racial Segregation

In City Housing Projects

The Newark, N.J. Housing Authority has eli-.

minated racial segregation in city housing proj-

ects. A unanimous resolution said that dwelling

accomodations shall henceforth be allocated on

basis of need without regard to race, religious

principles, color, national origins, and ancestry

of applicants. Previously, Negro and white fami-

lies had been assigned to separate parts of

projects.

ed

ACLU

Fie eee

Probes Blacklisting In

Radio and Television

The American Civil Liberties Union has an-

nounced the appointment of Merle Miller, well-

known correspondent and novelist, to head its

investigation of the problem of blacklisting in the

radio and television industries. Mr. Miller is a

member of the ACLU Board of Directors.

The ACLU has been interested in the general

problem for some time and announced an inten--

sification of its study at the end of August, when

actress Jean Muir was dropped from a NBC tele-

vision program by her sponsor, General Foods

Corporation, after protests had been received

about her appearance, because of the inclusion

of her name in the private publication, "Red

Channels". The booklet, published as an auxi-

liary document by the anti-Communist news-

letter, `Counter Attack'', lists 151 radio and tele-

vison performers and their alleged Communist

associations and sympathies. Miss Muir denied

any Communist ties.

ACLU Director Patrick Murphy Malin said

the ACLU is opposed to suppressing any publica-

tion, but is equally opposed to suppression or at-

tempted suppression of persons because of listing

in private publications for alleged beliefs or asso-

ciations. In addition to the facts on the black-

list problem, the report will contain several rec-

ommendations to the industry that can serve

it as a guide in meeting this complex issue.

Following the Jean Muir case, Edward Cla-

mage, chairman of the Illinois American Legion

anti-subversive committee, demanded that Miss

Gypsy Rose Lee be withdrawn from a program

because of inclusion in `(Red Channels." Miss Lee

had been listed as speaking at a meeting of the

Hollywood Anti-Nazi League, sending greetings

to a meeting of the Joint Anti-Fascist Refugee

Committee, entertaining at a Carnival and Dance

of the New York Council of the Arts, Sciences and

Professions, and serving as an auctioneer at a

book auction for the League of American Writ-

ers. Miss Lee denied performing at the carnival

and said the other allegations were based on

secondary sources, chiefly press clippings.

Meanwhile, the council of the Actor's Equity

Association adopted a resolution deploring the

"smearing" of performers by private groups and

publications which "in the irresponsible manner

of vigilantes have improperly assumed the func-

tions of Government."

Miss Irene Wicker, veteran star and known as

"The Singing Lady," failed to have her program

renewed by the Kellog Company. She charged it

"was a curious coincidence" that' the company

failed to pick up her option after her inclusion in

"Red Channels.'' She has denied any Communist

sympathies. The company said the cancellation

of the program was "merely a matter of busi-

ness."

Miller, author of the novels "The Sure Thing"

and `That Winter', is a former associate editor

of Harpers Magazine, was an editor of Time

Magazine and served as a Washington correspon-

dent for the Philadelphia Record. During the war,

he acted as Executive Editor of the Army weekly,

"Yank". His articles have appeared in numerous

publications, including "Readers Digest', "Cos-

mopolitan", `""McCalls'", `Redbook' and the "`Satur-

day Review of Literature'. He was one of the

founders of the American Veterans Committee,

is secretary of the Authors Guild and serves on

the Writers Board for World Government.

STATEMENT OF THE OWNERSHIP, MANAGEMENT, AND

CIRCULATION REQUIRED BY THE ACT OF CONGRESS

OF AUGUST 24, 1912, AS AMENDED BY THE ACTS

OF MARCH 3, 1933, AND JULY 2, 1946

(Title 39, United States Code, Section 233)

Of American Civil Liberties Union - News _ published

monthly at San Francisco, California, for October, 1950.

1. The names and addresses of the publisher,

managing editor, and business, managers are:

Publisher-American Civil. Liberties Union of Northern CaH-

fornia, 503 Market St., San Francisco 5, Calif.

Editor-Ernest Besig, 508 Market St., San Francisco 5, Calif.

Managing HEditor-None. :

Business Manager-None.

editor,

2. The owner is: (If owned by a corporation, its name and

address must be stated and also immediately thereunder the

names and addresses of stockholders owning or holding one per

cent or more of total amount of stock. If not owned by a cor-

poration, the names and addresses of the individual owners

must be given. If owned by a firm, company, or other unin-

corporated concern, its name and address, as well as those of

each individual member must be given.) _

American Civil Liberties Union of Northern California, 503

Market St., San Francisco 5, Calif.

Rt. Rev. Edward L. Parsons, Chairman, 503 Market St.,

Francisco 5, Calif. : :

Ernest Besig, Director, 503 Market St., San Francisco 5, Calif.

3. The known bondholders, mortgagees, and other security

holders owning or holding 1 per cent or more of total amount

of bonds, mortgages, or other securities are: (If there are none,

so state.) None. :

4. Paragraphs 2 and 8 include, in cases where the stock-

holder or security holder appears upon the books of the company

as trustee or in any other fiduciary relation, the name of the

person or corporation for whom such trustee is acting; also the

statements in the two paragraphs show the affiant's full knowl-

edge and belief as to the circumstances and conditions 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.

5. The average number of copies of each issue of this pub-

lication sold or distributed, through the mails or otherwise, to

paid subscribers cure the twelve months preceding the date

shown above was: (This information is required from daily,

weekly, semiweekly, and triweekly newspapers only.)

ERNEST BESIG, Editor. (R)

Sworn to and subscribed before me this 25th day of Sep-

tember, 1950.

(Seal) ALICE E. LOWRIE,

Notary Public in and for the City and County of San

2 Francisco, State of California.

(My Commission expires May 23, 1952.)

San