vol. 18, no. 11

- American

"

Civil Liberties

Union-News

Free Press

Free Assemblage

F ree Speech

"Eternal vigilance is the price of liberty."

VOLUME XVIII

SAN FRANCISCO, CALIFORNIA, NOVEMBER, 1953

No. 11

Three Proposed Policy

Statements Defeated

The corporate members of the ACLU, on a

referendum vote, turned down the three policy

statements recently proposed by the national

board. The vote was 18,995 for the proposals and

21,271 against them. (For the text of the state-

ments, see the July or September issues of the

News.)

The Executive Committee of the ACLU of

Northern California voted unanimously against

the proposals. In a telegram to the national office

announcing its vote, the Committee declared, ``We

wish to make clear that although there were dif-

ferences among us, with some feeling very strong-

ly opposed to a large part of the statements, we

were unanimous in rejecting the first section, the

spirit of which seems to influence the entire

document, feeling that we should make no state-

ment regarding the nature of the party since our

function is to defend the Bill of Rights without

reference to beliefs or associations."

The local affiliates of the Union were largely

_ responsible for defeating the referendum. The

national board supported its proposals 22 to 8,

while the members of the national committee

voted for them 36 to 13, with 23 members failing

to vote.

The vote is tallied under a complicated system.

The total possible vote was 42,410, of which the

affiliates have 15,910, counted on the basis of the

membership in a particular affiliate. The mem-

bers of the national board and national committee

split 26,500 votes, the number of ACLU members

throughout the country (including those in the

_ affiliates), according to the number of persons

voting. In this case 79 persons voted, so the value

of each vote was 335. The affiliates, we are in-

formed, voted 17 to 3 against the proposals with

one affiliate abstaining and another failing to cast

its ballot until October 27. All of the larger affil-

iates voted against the proposals.

' When the results of the referendum were re-

ported to the national board at its meeting on

October 22, a resolution was offered to set aside

the results of the referendum and to have the pro-

posals stand adopted. That motion lost by a vote

of 13 to 14. It was offered under a strange pro-

vision of the By-Laws, which have never been

formally promulgated, which requires the board

to act in accordance with the majority recommen-

dations on a referendum "except where it believes

there are vitally important reasons for not doing

so which it shall explain to the corporation mem-

_bers." The News has no information as to the

reasons which the minority expected to give in

over-riding the wishes of the majority of the

corporation.

At the same meeting of the board, some ques-

tion was also raised concerning the unit voting

rule for affiliates. Under that system, on any na-

tional issue, the branch casts a vote only for the

majority position. Now, the national office is ask-

ing affiliates for their exact votes on the three

proposals. Also, although the proposals were sub-

mitted for a vote early in September, the na-

tional office, acting on its own initiative, has sent

telegrams to the 23 corporation members who

failed to vote urging them to return their ballots.

Just what the national office intends to do with

these ballots if they are received has not been

revealed. :

Ban On Bishop Oxnam As "Too Controversial'

The Philharmonic Auditorium in Los Angeles

last month refused to allow Methodist Bishop G.

Bromley Oxnam to speak in its auditorium on the

ground that he is "too controversial." Bishop Ox-

nam was to appear under the auspices of the

Southern California branch of the ACLU on a

Bill of Rights Day celebration program in De-

cember. The auditorium is owned and operated by

the Temple Baptist Church. The Bishop gained his

reputation for being "too controversial" as a re-

sult of his public differences with the House Com-

mittee on Un-American Activities.

o Union's Supporters Asked to Contribute

Now fo Fill Budget of $28,200 for 1954

Late last month the ACLU of Northern Cali-

fornia mailed letters to its supporters, except

those who have contributed during the past two

months, asking for contributions to fill the Union's

budget of $28,200 for the fiscal year beginning

November 1, 1953 and ending October 31, 1954.

This is the Union's annual financial drive. No

other appeal for funds to carry on the Union's

work is made to members during the year.

While the budget is the largest in the Union's

history, it is only $600 more than for the pre-

vious fiscal year. Nevertheless, since last year's

expanded operations resulted in a deficit of about

$2000 that was met from the surplus resulting

from.the Union's 1952 Spring membership drive,

an increase of $2600 in the Union's income is

necessary in order to balance the budget.

How To Stretch Your Dollars

This year's appeal suggests that supporters can

make their contributions go 10% farther if they

respond to the initial appeal for funds. They can

thereby save the Union the costs of follow-up

mailings-labor, postage, letterheads and enve-

lopes. Also, if supporters send their contributions

NOW they help the Union to concentrate its fund-

raising activities, thereby causing a minimum of

Miller's "Tropics' Obscene,

Says Court Of Appeals

The Ninth Circuit Court of Appeals in San Fran-

cisco, on October 23, sustained the decision of the

District Court that Henry Miller's "Tropic of Can-

cer" and "Tropic of Capricorn' are obscene.

"Each of The Tropics," said the court, "is writ-

ten in the composite style of a novel-autobiogra-

phy, and the author as a character in the book

carries the reader as though he himself is living

in disgrace, degradation, poverty, mean crime,

and prostitution of mind and body. The vehicle of

description is the unprintable word of the de-

based and morally bankrupt. Practically every-

thing that the world loosely regards as sin is de-

tailed in the vivid, lurid, salacious language of

smut, prostitution, and dirt. And all of it is re-

lated without the slightest expressed idea of its

abandon. Consistent with the general tenor of the

books, even human excrement is dwelt upon in

the dirtiest words available. The author conducts

the reader through sex orgies and perversions of

the sex organs, and always in the debased lan-

guage of the bawdy house. Nothing has the grace

of purity or goodness. These words of the lan-

guage of smut, and the disgraceful scenes, are so

heavily larded throughout the books that those

portions which are deemed to be of literary merit

do not lift the reader's mind clear of their sticky

slime. And it is safe to say that the `literary

merit' of the books carries the reader deeper into

it."

Counsel had contended that `"`the district court

committed error in deciding contrary to the great

weight of opinion evidence as to the quality of Mr.

Miller's writings." The court answered that `The

point has no merit. Opinion evidence is useful, but

not controlling. We have carefully read and ana-

lyzed the voluminous affidavits and exhibits con-

tained in the record. To a large extent they are

opinions of authors who resent any limitation on

their writings. Their opinions are relevant and

competent evidence, but their views are advisory

only as to the norm of the meaning of the word

`obscene'. We share the general antipathy to cen-

sorship and we are aware that individual tastes

and special occasions and different times and dif-

ferent peoples differ as to what is offensive lan-

`guage. Yet we risk the assertion that there is an

underlying, perhaps universal, accord that there's

a phase of respectable delicacy related to sex, and

that those compositions which purposefully flaunt

such delicacy in language generally regarded as

indecent come under the ban of the statute."

interference with its handling of civil liberties

issues.

On the basis of the present membership of 3218,

the Union needs an average contribution of almost

$9 to raise the new budget. Of course, some mem-

bers cannot afford to give more than the minimum

dues, and many larger gifts are necessary in order

to balance the smaller contributions.

All of the money that is used by the Union to

fight civil liberties cases is raised by this branch

from its members and friends. It receives no sup-

port from any foundation, the Community Chest,

financial angels or the Union's national office.

Money that is sent to New York is not returned -

here to meet our budget needs. We again empha-

size this point because some of our members oc-

casionally send money to New York, not realizing

that no part of it will be used for local work.

The Budget

Here is the way your money will be spent:

Director a $6600.00

Siatl Counsel... 4300.00

MECTEIATY (0 3420.00

Typist-Clerk .:...........5 ae 2645.00

Heetirement .... 5... 741.30

Extra; Help |... 150.00

Printing and Stationery ............ 3465.00

ENG 2140.00

Postage ee 1400.00

_ Telephone and Telegraph ........... 600.00 (c)

Taxes and Insurance ............... 400.00

Furniture and Equipment ........... 200.00

Mravelling. 230. 3 se 650.00 .

Publications ..................... 75.00

Miscellaneous ............0.....-% 75.00

Membership Campaign ............ 600.00

Contingent Fund ...............%. 238.70

Totals os $28,200.00

Another Chinese Student

Denied Departure From U. S.

The ACLU has asked the Immigration Service

to conduct a hearing into the case of a Chinese

student to determine whether or not he should be

allowed to depart from the United States.

Two years ago, the Immigration Service

served him with an order prohibiting him from

returning to China without its permission, on the

ground that his departure at this time would be

prejudical to the interests of the United States. At

the time, he was registred as a graduate student

in Physics at the University of California, but he

was subsequently dropped as a candidate for a

doctorate degree, on the ground that he showed

no ability to conduct research.

Since then the boy, who is rather timid and shy,

has been unable to secure employment. No one

wants to hire an alien whose stay in this country

is indefinite. His funds are exhausted and the

Government, which forces him to stay here, is un-

concerned about whether or not he makes a living.

_ Under a recent decision of the Court of Appeals

in Washington, D.C., the alien is at least entitled

to a hearing on the question whether he should be

denied departure. At such a hearing, the point

would be made that the alien does not fall within

the group of alien experts whose departure from

this country would not be in the public interest

because they would be helpful to the enemy.

Biennial Conference in N.Y. Nov. 28

The first biennial conference of the corporate

members of the ACLU (102 national board and

committee members as well as representatives of

the affiliates) will be held at the Henry Hudson

Hotel, 353 West 57th Street, New York, from

Saturday, November 28th through Tuesday, De-

cember Ist. Dr. Alexander Meiklejohn and Ernest

Besig, the Union's local director, will serve as

delegates of the ACLU of Northern California.

Page 2

"Tainted' Confession Hit In

Murder Trial Appeal By NYCLU

The New York Civil Liberties Union last month

sought a new hearing for Camillo Weston Leyra -

on grounds that his rights of due process of law

were violated during two previous trials on murder

charges.

Seeking a writ of habeas corpus from the U.S.

Court of Appeals, the NYCLU, through its coun-

sel, Osmond K. Fraenkel, argued that the defen-

dant's conviction was improper because of the

introduction of confessions obtained through

"mental coercion" and promises of immunity from

first degree murder charges. Leyra was convicted

of killing his parents in January, 1950.

Evidence showed that Dr. Max Helfand, a psy-

chiatrist engaged by the district attorney, gained

Leyra's confidence first by purporting to want

to treat him for a sinus condition and then by -

promising-on authorization of the district attor-

ney-that Leyra would not be charged with first

degree murder. The alleged confession was made

in a wired room, and was heard by police and

state's attorneys. In quick succession, the defen-

dant was then interviewed and confessed also to

Police Captain John J. Meenahan and to repre-

sentatives of the district attorney's office. The

trial judge ruled out the confession made to Dr.

Helfand, but permitted the jury to decide whether

the succeeding statements could be considered

as evidence.

"There ig nothing in the record to indicate that

either Captain Meenahan or the representatives

of the District Attorney's office did anything to

_disabuse appellant concerning the promise made

by Dr. Helfand not to prosecute for first degree

murder," said the brief.

"It is appellant's contention, therefore, that the -

confessions to Captain Meenahan and the repre-

sentatives of the District Attorney's office are

subject to the same taint as was the confession

to Dr. Helfand as a matter of law, and that the

court at his `second trial should not have sub-

mitted these confessions to the jury ... There was

no break in time, there was both coercion and

inducement. All the challenged confessions are, in

effect, but one and must fall with the. conceded

taint of the first."

_ Leyra's first conviction, in 1950, was set aside

by the New York Court of Appeals because of the

manner in which his first confession was obtained

by Dr. Helfand. His second conviction was up-

held by the-Court of Appeals, which felt that he

had not been denied his constitutional rights

through introduction of the second and later con-

fessions. The current appeal is from an order by

Federal Judge Sylvester J. Ryan rejecting Leyra's

writ of habeas corpus on the ground that the state

court of appeals had correctly decided the issue.

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AMERICAN CIVIL LIBERTIES UNION-NEWS

Whai's Wrong With The Bricker.

Amendment To The Constitution

`The proposed constitutional amendment curbing

the present treaty-making power of the United

States (Senate Joint Res. No. 1), favorably re-.

ported to the Senate by a majority of the Judiciary

Committee (eight, with a minority report by

-four,) is revolutionary.

Designed to curb the President's and Senate's

treaty-making powers, the proposed amendment

would:

1. Declare that treaties cannot override the

Constitution (which they do not) ;

2. Limit the treaty-making power to federal

jurisdiction only, and thus not bind the 48 States;

3. Give Congress power over executive agree-

ments by the President, now made without the:

ratification required of treaties; and -

4. Lodge in the whole Congress, not the Senate

alone, approval of all treaties and agreements

which affect "domestic concerns." |

The effect of these proposals would be to put

the clock back to the days of the Articles of Con-

federation. At that time, having just won our

War of the Revolution and made a highly success-

ful victor's treaty with Great Britain, we were un-

able to carry out that treaty because individual

states passed laws in conflict with some of its

provisions. In that treaty we had granted certain

property rights to Tories residing among us in

exchange for similar rights granted to our na-

tionals abroad,-a highly desirable arrangement

for all concerned. But rights over individual pro-

perty were rights reserved to the States and some

of the States enacted laws abrogating these treaty

provisions.

Out of that mortifying conflict came the Con-

stitutional Convention of 1787 and our Constitu-

tion. By its terms it outlawed such state inter-

ference. It provided that treaties, like Acts of

Congress with which they are on a par, are the

supreme law of the land and take precedence over

state laws. They do not, however, override laws |

enacted by Congress. Thus our right to act as a

sovereign nation in the field of foreign affairs was

established.

State's Rights Philosophy Behind Proposalss. _

Today the same state's rights philosophy of pre-

Constitutional days is behind these new proposals.

Senator Bricker, the prime advocate, affirms that

he seeks only to ward' off encroachments by

treaties upon matters of essentially `domestic

concern." He wants to make sure that treaties

cannot override the Constitution (which they can-

not do anyway). But especially he wants to make

sure that they do not invade the rights of the

states. Neither the President nor two-thirds of

the Senate should longer be trusted with foreign

affairs. No treaties should be made except in the

area of federal powers.

The cause of this revolutionary proposal in the

Senate, sponsored by 64 Senators, lies in fears

aroused by human rights treaties, the area of

primary concern to the American Civil Liberties

Union. Fear is expressed over the proposed Cove-

nants on Human Rights, not even finished yet.

Fear of interference has kept the Genocide Con-

vention bottled up in the Senate for three years.

Even the Unitd Nations Convention on the Poli-

tical Rights of Women will not be submitted by

the Administration for fear of Senate defeat. All

these treaties are matters of domestic concern

and of `States' rights." The proposed amendment

would prevent any effective steps in those fields

to support international standards.

But in slamming the door on human rights

treaties, the door is closed to much else. Hardly

a treaty in these days of broadening international

action does not in some way affect matters of

"domestic concern" or `States' rights." Among

them are treaties of commerce and navigation,

which affect the rights of our citizens abroad,

treaties to control great social evils like the nar-

cotics trade, or disease like cholera or yellow

fever, all kinds of international arrangements for

disarmament, the curbing of aggression, the set-

tlement of disputes by peaceful means.

Our View On The Proposals

Our views on the three separate substantive sec-

tions of the proposed amendment follow:-

_ Section 1

"A provision of a treaty which conflicts

with this Constitution shall not be of. any

force or effect."

This provision is entirely unnecessary. It is

well-established law that treaties are subject to

the Constitution and cannot authorize what the

Constitution forbids. (Geofrey v. Riggs, 133 US.

298; Missouri v. Holland, 252 U.S. 416.) It is true

that no occasion has arisen to hold a treaty un-

constitutional, but that is more a tribute to the

common-sense of our Presidents and Senators

foreign affairs.

than proof that the courts would not go into the

question: of constitutionality.

Section 2 ;

"A treaty shall become effective as in-

ternal law in the United States only

' through `legislation which would be valid

in the absence of a treaty."

This is the provision which would completely

cripple us in the conduct of foreign affairs. It

_ would (1) require legislation by the whole Con-

gress to validate every treaty which has any

effect on ``domestic concerns," (2) leave the States

free to adopt laws in conflict with treaties.

The first requirement means that both House

and Senate must pass laws to make effective any

treaty which in any way affects the internal af-

fairs of the United States. Treaties which do not

affect internal affairs, such as the regulation of

whaling on the high seas, would not require legis-

lation. All treaties would still be ratified by two-

thirds of the Senate; but ratification would be

`meaningless in the case of any treaty affecting

*"internal law" until the whole Congress acted. _

Many treaties affect our "internal law." Some

require new legislation to carry them out; some

do not, depending on their terms. The tendency

of the proposed amendment would be to expand

greatly the area of Congressional power and to

limit the President's constitutional leadership in

As for the second requirement of legislation

"which would be valid in the absence of a treaty"'

-meaning freedom for "states' rights'"-this

would include only such subjects as the consti-

tutionally enumerated powers of Congress,-with

everything else ruled out as reserved to the

States. Treaties going beyond the scope of these

limited Congressional powers, as almost all

treaties necessarily do, are to be deemed beyond

our power to enter into, no matter how desirable

or even essential to our`survival they may be.

Secretary Dulles' words in his testimony at the

Congressional Hearing in respect to this pro-

vision put the matter in a nut shell: .

"This would create a `no-man's land' in

foreign affairs. It would require the con-

currence of all 48 States to make effective _

-such common treaties as treaties of friend-

ship, commerce and navigation, extradi-

tion, reciprocal inheritance taxation, mi-

gratory birds, collection of foreign debts,

and status of foreign troops. In this field

of foreign affairs our country would not

speak with one voice but with 49. The pri-

mary objective of the framers of our Con-

stitution in this respect would be defeated."

Section 3

"Congress shall have power to regulate , -

all executive and other agreements with

any foreign power or international organi-

zation. All such agreements shall be subject

to the limitations imposed on treaties by

this article."

This section imposes restrictions in precisely

that area of our foreign relations where the ut-

most flexibility is required. Executive agreements

cover an enormous range of subject-matter, from

the large to the trivial (from the German and

Japanese surrenders to agreements for redress

of U.S. citizens' grievances). In modern life they

have become a necessary part of any government's

communication with another. In wartime, with

their advantages of speed and secrecy, they are

essential. They do not have the force of law. Since

many require appropriations for their execution,

Congress already has a large measure of control.

To restrict them would either prove unworkable,

resulting in the restrictions becoming a dead let-

ter, or would so hamper us in our dealings with

foreign powers as to make the United States im-

potent as a nation..

Conclusion

We need no amendment to the treaty-making

power of our Constitution. As Professor Zechariah

Chafee, Jr., of Havard Law School; so aptly put it:

' "The treaty clauses which were framed

with great care by the Philadephia Con-

vention of 1787 have worked for a century

and a half and constantly enabled our na-

tion to take its proper place in the world.

`In the present period of great emergency,

`it would be disastrous to change the Con-

stitution so as to make ourselves incapable

of bargaining like a great nation, or even

a little one." -

_ The amendment is opposed by the Eisenhower

Administration as it was by the preceding. It is

a combination of several proposals drafted by

Senator John Bricker of Ohio and some of his

(Continued on Page 4, Col. 1)

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

LET FREEDOM RING

Seek High Court Review of Segregation Issue

The Housing Authority of the City and County

of San Francisco has authorized an appeal to be

taken to the U.S. Supreme Court from the refusal

of the California Supreme Court to grant an appeal

from the unanimous decision of the District Court

of Appeal holding the so-called neighborhood pat-

tern policy of selecting tenants to be unconstitu-

tional. Under the policy the Authority has sought

to "maintain and preserve the same racial com-

position which exists in the neighborhood where a

project is located." To put it plainly, the Authority

practices racial segregation.

The State Supreme Court ruling was handed

: down on October 22. The Authority's decision to .

appeal, taken by a 3 to 2 vote, was made prior to

the court's ruling in anticipation of an unfavorable

ruling. Thus far the case has cost the taxpayers

$5000 in legal fees for special counsel.

No Decrease In Rent Without Loyalty Oath

`The test of the Gwinn Rider, which prohibits

tenants in low rent public housing projects from

belonging to any group on, the Attorney General's

list, is still pending in the courts. The Union's

Richmond, Calif., case in which an injunction

issued against the local Housing Authority, has

been suspended by mutual consent while an East-

erm case makes its tortuous way through the

courts. Late last month, however, the Richmond

Housing Authority refused to grant a $5 decrease

in rent to which one of the Union's plaintiffs was

entitled, unless he first signed the loyalty state-

`ment.

Legal Committee Meets Nov. 18

Sixteen lawyers attended the meeting of the

ACLU's Legal Committee last month. The next

meeting of the Committee is scheduled for Novem-

ber 18 at The Press and Union League Club, 555

Post St., San Francisco, in the Board of Director's

room. Any lawyer member of the ACLU is wel-

come to attend. For more information call Law-

rence Speiser, ACLU staff counsel, at EXbrook

2-3255.

Teacher Ousted For Balking At Political Quiz

The ACLU of Southern California has inter-

vened on `behalf of Clinton St. John, 33, science

teacher at Orange (Junior) College, Costa Mesa,

who was fired from his job after refusing to take

@ special teachers' loyalty oath, enacted by the

recent session of the California Legislature, and

then refusing to answer the questions of the board

of trustees as to his political associations. The

board based its dismissal on the teacher's refusal

to testify. Basil H. Peterson, college president,

stated that "The state board of education asked

us to investigate him and we found that he took

certain actions." The meaning of "certain actions"

was not explained. The ACLU plans to challenge

the trustees' action in the courts.

Contempt Case Raises

First Amendment Issue

_ The question of the First Amendment as a de-

_fense against inquiries by Congressional Com-

mittees into a person's political opinions will be

determined by the U.S. Supreme Gourt in the case

of Julius Emspak, Secretary-Treasurer of the

United Electrical and Radio and Machine Workers

' Union. Arguments in the case will be heard on

November 30.

Emspak was convicted of contempt in refusing

to answer certain questions of the House Com-

mittee on Un-American Activities, resting on the

First Amendment as well as the Fifth. However,

he apparently failed to assert the privilege against

self-incrimination properly because when he was

asked "if it was his feeling that to reveal his

knowledge of his associates would subject him to

criminal prosecution, his answer was `No'."'

The Supreme Court, however, agreed to review

the following two questions:

1. Whether House Resolution 5 (establishing

the Un-American Activities Committee), as con-

strued and applied therein, abridged the peti-

tioner's freedom of speech, press and assembly in

violation of the First Amendment, and,

_ 2, Whether the First Amendment protects a

witness before a Congressional Committee against

the compulsory disclosure of the identity of trade

union officials with whom he is associated and of

his political views and affiliations.

In the lower court, three dissenting judges

thought a new trial was required to determine

whether Emspak "had been clearly advised that

his objections (to testifying) had been rejected."

. It may be recalled that the U.S. Supreme Court

previously refused to pass on the question of the

First Amendment as a defense to political ques-

tions by Congressional Committee in the Holly-

wood Ten case. The Court appears now to be pre-

pared to pass squarely upon that issue.

| Should Congress Require Security Clearances

Before Citizens May Take U.N. Jobs?

On January 7, 1953, Senator Pat McCarran in-

troduced a bill which was referred to the Senate

Judiciary Committee, prohibiting under threat of'

criminal penalty acceptance by a United States

citizen of a job in the United Nations or any of its

agencies, here or abroad, without prior security

clearance from the Attorney General.

State and Justice Departments Object

Although no hearings were held, a report (Cal-

endar No, 224, Report No. 223, 83rd Congress, 1st

Session) issued by the Committee through Senator

McCarran revealed that both the State and Justice

Departments had objected to the proposed legisla-

tion on the main grounds:

1. That the loyalty question of United States

citizens had already been taken care of in an Ex-

ecutive Order issued by President Eisenhower in

. January, 1953; (and revised in June).

- 2. That it would raise "doubt and criticism of

various United Nations member states," and that

it appeared as though the bill was intended to in-

fluence or direct employment policies of the United

Nations in violation of Article 100 of the Charter

of the United Nations.

Favorable Arguments

The report's reply in favor of the bill argued:

1, That the bill set up a permanent loyalty pro-

gram, whereas the Executive Order could be re-

voked by White House successors.

2. That the bill does not interfere with em-

ployment practices of the United Nations since the

organization is still free to select its employees.

The penalty is only upon a U. S. citizen's accep-

ance of such employment without clearance.

On June 9 the bill passed the Senate without a

record vote and is now before the House Judiciary

Committee.

Ten Opposing Arguments

It should be opposed for the following reasons:

1. The major evil of the bill is to add a criminal

penalty to uncleared employment in all interna-

tional agencies of the U. N. and thus to cripple the

U.N. in relation to all American present and pros-

pective employees. If the example were followed

by other countries, it would destroy the interna-

tional civil service and make of the U. N. secreta-

riat only approved representatives of each member

State, subject to the political currents of the day.

2. The argument that the bill does not inter-

fere with the discretion of the U. N. to employ

American citizens is hollow. No American would

risk going to prison by taking a job without clear-

ance, and the U. N. would not risk offending the

United States by offering one. The condition im-

posed is in effect a prohibition.

3. Any analogy with the federal security pro-

gram, which covers even private agencies working

on federal contracts is false, since their employees

work on United States funds under U. S. direction.

While the U. S. security program is properly with-

in the federal power, employment in agencies of

the U. N. not controlled by the U. S. nor working

under U. S. direction is not within the federal

power.

4. The bill adds nothing to the procedure set

up under the President's security order. Indeed it

would supersede that order, and the protections

of hearings and appeal to the International Em-

ployees Loyalty Board would be abolished. No

standards are fixed by the bill by which the At-

torney General is directed to determine the pro-

priety of employment, nor is any appeal from his

decision provided.

U.N. Charter Violated

5d. The present security examination of pros-

pective and present employees of the U. N. are

Phila. Suit Challenges Coast

Guard Security Screenings

Another suit testing the constitutionality of

the Magnuson "Port Security Act" and the Coast.

Guard regulations issued pursuant to it, has been

filed this time in the Philadelphia District Court

by Eugene Dupree, merchant marine Captain, with

the aid of the Philadelphia ACLU.

The suit contends that the law results in too

great a delegation of legislative powers to the

executive branch of the government, and that a

denial of due process results from the regulations,

in that a man is deprived of his livelihood without

being given an opportunity to learn and answer

the charges.

The Ninth Circuit Court of Appeals in San

Francisco recently declared the Magnuson Act to

be constitutional but agreed that, on demand,

a person who is screened as a security risk

should be furnished with a bill of particulars.

Federal District Judge Murphy of San Francisco

had taken the same position in an earlier case.

quite as far as the United States should go in at-

tempting to influence U. N. employment. But how-

ever considered, the bill would clearly impair the

obligations taken by the United States under Sec.

100 of the Charter, which reads:

"Hach Member of the United Nations under-

_ takes to respect the exclusively international

character of the responsibilities of the Secre-

tary-General and the staff and not to seek to

influence them in the discharge of their re-

sponsibilities."

_ 6. The condition imposed by the bill of requir-

ing a security clearance before employment ap- |

pears unconstitutional (1) as a violation of due

process since it punishes employment without any

showing that either the place where the work is

to be performed or the work itself may be a dan-

ger to the safety or welfare of the United States.

7. Any prohibition imposed on U. N. employ-

ment of U.S. citizens to be valid must show that

the U.N. is itself a "clear and present danger" to

U.S. security. Obviously the U.N. is no danger or

the U. S. would not continue as an active member.

Furthermore, Communists and others from other

countries who might be regarded as subversive |

work in the secretariat about whom the U. S. can

do nothing.

Freedom of Contract Violated

8. Freedom of contract, a right recognized un-

der the Fifth Amendment, is violated by the bill.

The right once invaded in this field opens the road

to violation in any other construed by Congress

as within the federal power-in domestic as well

as international employment.. Except where some

clearly defined and real public interest overrides,

the American concept has been for the freest use

of one's talents and labor.

9. If justification for the bill is urged by anal-

ogy with license requirement, evidence of some

public interest must be shown. But how can it be

shown that the public interest is adversely affected

if uncleared U. S. citizens are employed when for-

eign nationals are employed who are not cleared by

their governments-or who are nationals of Com-

munist states?

10. The bill is fraught with danger to the liber-

ties of U. S. citizens, to the obligations of the U. S.

to the U.N. and to the integrity of an international

civil service. It is unnecessary in view of the Pres-

ident's order. It is unwise in relation to other

member states of the United Nations. In addition

it is open to serious objections on constitutional

grounds. It should be defeated.

Large Crowd Attends

Successful Annual Meeting

The largest audience in the history of ACLU

annual meetings attended the 19th anniversary

meeting held at Marines' Memorial Theatre in San

Francisco, Tuesday evening, October 27. The or-

chestra was virtually filled while the balcony was

at least half full. The estimated attendance was in

the neighborhood of 525.

Many people commented that this was the best

annual meeting they had ever attended. The

subject for discussion was "Congress and the $64

Question." The speeches were exceptionally good.

Dr. Joseph Tussman contended that Congressional

committees are in contempt of the People when

they demand answers to political questions, while

Rev. Harry C. Meserve stressed the fact that,

under the Fifth Amendment, silence does not mean

guilt. The News hopes to print excerpts from the

speeches in the December issue.

A tape recording of the program was taken and,

if it turned out well, the principal speeches will be

broadcast over Station KPFA, the FM station in

Berkeley. For further information call Station

KPFA, AShberry 3-6767, If the program is carried

by the station, it will, of course, be announced in

its printed program, -

The membership, in accordance with the re-

quirements of the By-Laws, confirmed the re-

election to three-year terms of Wayne M. Collins,

Seaton W. Manning, Rev. Harry C. Meserve,

Laurence Sears and Fred H. Smith, IV. The meet-

ing also confirmed the election to three-year terms

of Arthur P. Allen, William M. Roth and Theodo-

sia B, Stewart.

Prof. Laurence Sears, with the aid of a large

chart showing the Union's membership, income

and expenditures over the years, discussed the

Union's steady growth. He stressed the need of

adding 400 new members and increasing the in-

come $2500 in order to meet the budget for the

new fiscal year.

Bishop Edward L. Parsons did his usual ex-

cellent job as presiding officer, and Ernest Besig,.

the local director, gave a report on the present

status of civil liberties in Northern California,

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 503 Market Street., 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 3, 1879.

Subscription Rates-One Dollar and Fifty Cents a Year.

Fifteen Cents per Copy -151 "

Cancer Research Technician

Has Security Problems

The ACLU has been asked `to intervene in the

case of a technician on a cancer research project

whose security clearance is in question. This man

merely works in the general area where other

people handle classified information. For this he

needs what is called a "P" clearance from the

Atomic Energy Commission.

He was interrogated by an AEC investigator

concerning his father-in-law who apparently had

had some bad political associations more than

eight years ago. Obviously, he married into the

wrong family. Maybe if he divorced his wife all

would be forgiven.

The Union is particularly concerned about the

case for two reasons: First, because someone from

the AEC apparently implied to the employer that

the simplest way to handle the problem was to

fire the young man on some pretext. Second, the

Union thinks the young man should receive

charges and an opportunity for `a hearing if his

job is in jeopardy, but the investigator claims such

fair procedure is reserved for cases involving ac-

cess to classified information. Apparently, the

more menial jobs get only summary treatment.

Protest Subversive Listing

Prior to Hearing

The American Civil Liberties Union last month

called on Attorney General Herbert Brownell to

revise certain procedures in the hearings granted

organizations on his "subversive" list. The Union

termed the procedures "dangerous departures

from the principle of due process."

The Union, through its executive director, Pat-

rick Murphy Malin, wrote Brownell that "there

should be no public announcement of the contem-

plated designation of any organization before

judgment has been reached after hearing ... We

believe even more strongly that there should be no

announcement of any allegations or `determina-

tion' in advance of such a hearing . . . The very

purpose of a hearing is stultified if the `determina-

tion' hag been made beforehand. The essence of

a hearing lies in the presentation of evidence, and

equally, in the opportunity to answer. Both of

these points seem to us to be particularly impor-

tant where an executive department undertakes

ane responsibility of being both prosecutor and

judge."

Postal Clerk Retires Rather

Than Undergo Security Ordeal

The Post Office Department has filed security

charges against a postal clerk who, four years

ago, was cleared after a hearing on loyalty

charges. The present security charges are vir-

tually the same as the old loyalty charges. One

charge was dropped and a new one added. The

new one alleges the employee attended the national

conference of a Communist-front in Cleveland in

1947. The man not only claims that he never at-

tended the conference but that he has never been

in Cleveland.

Even before he received the charges, this postal

clerk, who is not handling any government secrets,

`Was suspended from his job without pay. The

prospect of going through this lengthy ordeal once

again and possibly waiting for a year before the

matter was disposed of, as in his loyalty case, was

too much for the man. Almost 66-years-of-age and

eligible for retirement, he finally chose retirement

which he had earned after many years of con-

scientious and faithful service in the Post Office.

What's Wrong With The

Bricker Amendment

(Continued from Page 2, Col. 3)

colleagues, aided primarily by a committee of the

American Bar Association,-the Committee on

Peace and Law (whose position, it should be

noted, is opposed by another Bar Association

group, the Section on International Law.)

The American Civil Liberties Union, support-

ing international agreements to promote stand-

ards of civil and political liberties, opposes the

constitutional amendment as unnecessary in the

light of our history, dangerous to international

accords, and reactionary in putting the laws of 48

states in a position to nullify treaties.

Ban "The Moon is Blue"

In Jersey City, N.J.

Registering strong objection to Jersey City's

Commissioner of Public Safety stopping the exhi-

bition of the film, ``The Moon is Blue," as conform-

ing to the demands of private pressure groups, the

National Council on Freedom from Censorship on

October 16 urged that the film be returned to the

theatre "and allow it to be seen, in the democratic

manner, by those of the public who wish to view

1b yy

At the same time, the Council, the anti-censor-

ship unit of the American Civil Liberties Union,

pledged its aid to Mr, Arthur Manfredonia, man-

ager of the Stanley Theatre where the film was

seized, in any challenge he makes of the ban.

Playwright Elmer Rice, chairman of the Coun-

cil, wrote Bernard Berry, the city's Public Safety

Commissioner, who confiscated the film from the

Stanley Theatre on the grounds that it was ob--

scene, that "court decisions in New Jersey and

other sections of the country have established that

law enforcement authorities may not legally abdi-

cate their own judgment to that of some pressure

group, however well intentioned the purpose."

In seizing the film, Berry had announced that

he was acting after protests from civic groups and

Roman Catholic organizations, including the Cath-

olic War Veterans and Holy Name Societies who

claimed the film would "tend to corrupt the

morals of the citizens of Jersey City."

Rice, in his letter, stated that the Council sup-

ports "under our constitutional protection of free

speech, the right of all groups to propagandize

for their point of view, But where public officials _

conform to these pressures, resulting in a denial

to the rest of the community of their right to see

the film, we must register our firm opposition."

Rice also condemned Berry's action to censor

the film under "the subterfuge of obscenity laws.

The film has played in many communities through-

out the country without protest. Merely because

it has been found objectionable by certain groups

does not, in our opinion, warrant invoking obsce-

nity statutes. Such action will infringe the rights

of others, not members of the protesting group,

to view the picture."

ACLU Urges Freedom

To Hear UN Delegate

The American Civil Liberties Union last month

called on Attorney General Herbert Brownell to

permit the Rev. Michael Scott, an English clergy-

man serving as a non-government consultant on

native African problems before the United Na-

tions, to make public speeches during his stay in

the United States.

The Rev. Scott, who had been barred originally

from entry on security grounds, will be allowed to

attend the UN session under the discretionary

authority granted the attorney general in the

Immigration Act of 1952. However, he is restricted

to his official capacity, and, the ACLU said, `"`can

make no public speeches, give no interviews,

preach no sermons." The ACLU's views were dis-

closed in a letter to Brownell signed by Roger N.

Baldwin, its International Affairs Advisor.

Pointing out that the Rev. Scott "has no record

indicating any views or associations of a subver-

sive character in terms of the Immigration Act,"

Baldwin wrote that the English clergyman ap-

pears to be the only one among the many foreign

representatives of non-governmental agencies ad-

mitted to the country for the UN session who is

subject to discriminatory restrictions. He called

the restrictions "unreasonable and unjust."

Court Bars Discrimination

`In Phila. Swimming Pools

Through intervention by the Greater Philadel-

phia Branch of ACLU, segregation has been ended

in that city's swimming pools. The victory for

civil liberties was secured as the result of a court

injunction against Boulevard Pools.

ACLU joined in a suit to enjoin the pool from

discrimination against Negroes. The suit was

brought under the Philadephia Accommodations

Act of 1938, which provides criminal penalties for

discriminating against anyone in public places be-

cause of race, color, or religion.

According to Spencer Coxe, executive director

of the Greater Philadelphia Branch, this is the

first time a court has granted an injunction under

the act. He considers the decision of particular

importance because it may hasten the end of dis-

crimination in public places in Pennsylvania.

Coincident. with the court's action in the swim-

ming pool case, the city's Commission on Human

Rights obtained an agreement among skating rink

operators to end discriminatory practices. The

ACLU had pressed this matter, but had withheld

legal action pending the efforts of the human

rights group. .

Government Ousts 1456

Security Risks In Four Months

Last month, the White House made the startling

announcement that 1456 Government workers had

been outsted for security reasons between May

27, when the President's new security program

went into effect, and September 30. It seems to

this writer that there may he considerable sleight -

of hand in lopping so many people off the public

pay-roll in so short a time and with so few public

ripples to tell the tale. Maybe the following two

eases, which recently came to the Union's atten-

tion, are typical of the way these "security" issues

have been handled:

1. Four months before a Presidio employee was

dropped from his job on account of a "reduction

in force," his clearance to handle restricted infor-

mation was withdrawn. Since he had piled up a

good deal of seniority, he asked to be transferred

to an available job for which he was eligible. But

that job was denied to him, on the ground that it

required a security clearance which he no longer

held. Moreover, he was told that no security in-

vestigation could be completed for several years

since they had such a heavy back-log of cases.

Consequently, he was let out.

~ 2. The second case involved an employee in

private industry working on a Navy defense con-

tract. He had no access to classified military in-

`formation and did not need it in order to perform

his job, but when the Navy demanded his dis-

charge on security grunds he was summarily

fired. Ordinarily, the employee would never have

known the reason for his discharge. In this case,

however, the superintendent discussed the prob-

lem with the employee and when he could no

longer resist the pressure from the Navy, the

employee was discharged, not on security grounds,

but on some pretext from which there was no

appeal.

ACLU Asks U.S. To Drop

Bridges Charges

ACLU has asked Attorney General Brownell,

Jr., to drop the government's efforts to deport

West Coast labor leader Harry Bridges because of

the latter's alleged perjury during naturalization

proceedings.

"We believe," said ACLU's executive director,

Patrick Murphy Malin, "that any new attempt

on the part of the government to use the perjury

charge would constitute harrassment amounting

to an abuse of due process of law."

On two previous occasions, noted Malin, the gov-

ernment attempted to deport Bridges on the

charge of past membership in the Communist

Party, but failed. Finally, after ten years, the gov-

ernment was successful in a criminal prosecution

against Bridges charging that he lied in denying

past membership in the Communist Party. -

However, said Malin, ``the verdict was inva-

lidated by the United States Supreme Court on the

ground that the statute of limitations had run -

out." oe:

Malin asked Brownell to end its recently an-

nounced civil proceedings to revoke Bridges'

citizenship.

"Regardless of the nature of the proceedings,"

said Malin, `if the principle of due process is to

be preserved, individuals must be free of the need

constantly to defend themselves against the same

accusation."

Malin made clear that the ACLU is opposed to

Communist tyranny and that its opinion in the

case did not deal with the validity of the perjury {

charge.

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