vol. 20, no. 5

_ American

Civil Liberties "Arce;

Union-News

"Eternal vigilance is the price of liberty."

Free Press

_ Free Assemblage

Free Speech

VOLUME XX

SAN FRANCISCO, CALIFORNIA, MAY, 1955

NUMBER 5

Malin Speaks In.

Palo Alto Meeting Set for Tuesday Evening

Patrick Murphy Malin, the ACLU's national di-

rector, will make his third official visit to the Bay

Area this month since taking over the national

leadership. of the Union from Roger Baldwin in

January, 1950. He will arrive from Seattle on Mon-

day morning, May 2nd and leave early in the eve-

ning of May 5. A press conference will be held at

the ACLU offices Monday afternoon, at 1:30

o'clock. a

; Palo Alto Meeting

During the time he is in the area, Mr. Malin will

address two public meetings to be held under the

auspices of the American Civil Liberties Union of

Northern California. The first meeting will be held

at Fellowship Hall, First Methodist Church, Hamil-

ton near Byron Street, Palo Alto, Tuesday evening, -

May 3rd, at 8:15 o'clock. The subject of Mr. Ma-

lin's address is "Civil Liberties and National Secur-

ity in Britain and America." The public is invited;

there is no admission charge. /

Marin Meeting

The second meeting will be held in connection

with the Marin Chapter's membership drive, which

is under the leadership of Mrs. Russell J. Merret,

Membership Chairman. That meeting is in the

nature of a Pot Luck Dinner, to be held at the

Kent Estate, Kent Woodlands, on Wednesday eve-

ning, May 4, at 6:30 o'clock. Reservations should

be made with the Membership Co-Chairman, Mrs.

Frank Quinn, 213 Reed Circle, Mill Valley (Phone

DUnlap 8-5947). Last year's wind-up of the Marin

County Membership Campaign attracted more

than 350 people to the Victory Dinner. It is hoped

that each member will bring a prospective member

to the meeting. ;

The subject of Mr. Malin's Marin county ad-

dress, which will follow the dinner, is "America's

Need: A New Birth of Freedom."

TV and Radio Appearances _

While he is in the Bay Area, Mr. Malin will be

interviewed on the TV. program, `"What's Your

Opinion?"', from 6:00 to 6715 p.m., on Tuesday,

Patrick Murphy Malin

May 3; Marin County Gathering, May 4

May 3rd (KPIX, Channel 5). Mr. Malin will also

be interviewed on Marjorie Trumbull's color tele-

cast, "Exclusively Yours," Station KRON-TV,

Channel 4, at 3 p.m., Wednesday, May 4. Mr. Ma-

lin will also appear on the San Francisco Council

for Civic Unity program, "Dateline Freedom." A

taped interview with Edward Howden: will be

broadcast on Station KCBS (740 on the dial), on

Saturday evening May 7, at 10:15 o'clock,

The regular meeting of the Executive Commit-

tee of the ACLU of Northern California at noon

on Thursday, May 5 will be devoted to a discussion

of organizational matters with Mr. Malin, Follow-

ing that meeting, Mr. Malin will depart for New

York.

Who Is Patrick Malin?

The Union's members may be interested to know

that Mr. Malin served as a member of the Econo-

mics Department at Swarthmore College in Penn-

sylvania from 1930 to 1950, During the war he

served for four years as vice-director of the Inter-

governmental Committee on Refugees, with head-

quarters in London. He was also American Direc-

tor of the International Migration Service, Price

Executive of the O.P.A. Chemical and Drug'

Branch in Washington, and Deputy Chief of the

Division of Program and Requirements in the

State Department's Office of Foreign Relief and

Rehabilitation Operations, His work has taken him

to Great Britain and continental Europe, including

the Soviet Union, the Near East, Canada, the West

Indies and South America.

From 1924-1929 he acted as private secretary

to Sherwood Eddy, of International YMCA. He

also served as Vice-Chairman of the American

Friends Service Committee from 1936 to 1938, He

was a member of the board of the National Council

of Religion in Higher Education and served as the

president of that group from 1939 to 1943,

He is a member of the Society of Friends

(Quakers) and, as a voter, he is an independent

Democrat. Born in Joplin, Missouri, he is 52 years

old, married, and has three sons.

Mr. Malin is a graduate of the University of

Pennsylvania, Class of 1924. He did graduate

study at the Union Theological Seminary and

Teachers College and Columbia University in New

York City. He holds the honorary degree of LL.D.

from Swarthmore College.

Victory In Naval Reserve

Officer Security Case

A favorable decision has been handed down in

the first adjudicated Naval Reserve fficer secur-

ity case handled by the ACLU of Northern Califor-

nia. There are still three such cases pending, in

which hearings were held many months ago.

The successfully concluded case involved a lieu-

tenant, junior grade, who was charged with having

attended the California Labor School, with being

a "functionary of the Independent Progressive

Party as late as 1951" and with having subscribed

to the, Daily People's World. All of the charges

were true and as a matter of fact, the activity in

the LP.P. continued until the party expired last

year, The favorable decision resulted in the re-

serve officer being given a discharge under honor-

able conditions, as contrasted with the discharge

under conditions other than honorable offered to

him prior to the hearing.

_Just as in the cases of the other naval reserve

officers against whom charges have been brought,

the officer's record during wartime active duty

was excellent.

Citizenship Denied Pacifist

Refusing to Do War Work

Pacifist Ilse Seaccio, wife of a technical sergeant

in the Air Force who is presently stationed in Ger-

many and has a record of 14 years in the Armed

Services, was denied citizenship by U.S. District

Court Judge Louis Goodman of San Francisco last

month because she has mental reservations about

taking an oath which the Naturalization Service

claims would require her to work in a munitions

factory. |, =

Under the McCarran-Walter Act, enacted in

1952, alien pacifists who are naturalized must take

an oath either to perform non-combatant military

service or perform work of national importance

under civilian direction.

Under the provisions of the Selective Service

Act, conscientious objectors must do work of na-

tional importance, but this has been interpreted

to exclude any activity promoting war, such as

work in a munitions factory. Staff Counsel Law-

rence Speiser, who appeared.for Mrs. Scaccio, con-

tended that a similar interpretation should be

given to the naturalization oath required of abso-

lute pacifists. Obviously, it would be inconsistent

for an absolute pacifist to engage in war work and

one might question his good faith if he were will-

ing to do so, Also, an alien pacifist who is willing

to promise to do non-combatant work in the Army

is ultimately not compelled to handle munitions.

Surely, an absolute pacifist should be in no worse

position.

Judge Goodman acknowledged that Mrs, Scac- -

cio, a Jehovah's Witness, was honestly opposed, by

reason of religious training and belief, to any type

_of service in the armed forces of the United States.

But he refused to interpret a promise to do work of

national importance to exclude work in a muni-

tions factory. Judge Goodman said he found noth-

ing to indicate that "the Congress intended to limit

the obligation to the precise type of civilian work

then being offered to draftees under the Selective

Service Act. If such were the intent, the language

employed clearly does not express it." .

Judge Goodman, therefore, decided that Mrs.

Scaccio has mental reservations in taking the oath.

"She "must take the oath as it stands or not at all.

Citizenship is not to be bargained for."

Under the decision of the U.S. Supreme Court in

the Girouard case in 1946, it was finally decided

that alien pacifists applying for naturalization did

not have to take an oath to bear arms. Now, the

entire question is reopened since a promise to do

work in a munitions factory will be interpreted by

most absolute pacifists as almost equivalent to

promising to bear arms. In effect, the decision

means that alien absolute pacifists are barred from

naturalization.

ACLU Lawyers!

State Supreme Court Justice Jesse Carter

will address a luncheon meeting of ACLU

lawyers of northern California on Tuesday,

May 3, 1955. He will discuss recent decisions

of the State Supreme Court in the field of civil

liberties. The luncheon will be held in the up-

stairs banquet room of the Pig'n Whistle

Cafe, 621 Market Street, San Francisco at

12:00 noon, Reservations for attorneys and

their guests should be made by Monday, May

2nd by calling the ACLU office-EX 2-3255.

Luncheon (including tax and tip) will cost

$1.75.

Last month, 27 lawyers were attracted to

the ACLU Legal Committee meeting, Many

more are expected to attend this special

event.

Hear Justice Carter May 3

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

MAY, 1955

Ask By-Law Changes to Allow

Vote on ACLU Policy Questions

The Executive Committee of the ACLU of

Northern California and six members of the

Union's National Committee (all of whom are

members of the corporation) recently proposed

amendments to the national By-Laws restoring

to affiliates and national committee members

power to vote on policy changes. Under certain

amendments to the By-Laws, approved on May

31, 1954, affiliates and national committeemen lost

their power to vote on policy changes occurring

between biennial conferences of the corporation,

and decisions of such conferences, which had

' previously been binding on the national board,

were transformed into mere recommendations.

The letter proposing the amendments stated:

"Tt would appear that many affiliates and national

committee members were unaware that such fun-

damental changes were being made in the Union's

policy making procedures, either when the changes

were first suggested. or when they were finally

voted upon.'

Procedure For Amending By-Laws

Under the By-Laws, "Any three corporation

members may propose an amendment to the Con-

stitution and By-Laws," in writing, to any meeting

of the national Board of Directors, which shail

then submit it to the corporation members. .. .

The national Board of Directors shall then act in

accordance with the majority vote on the sub-

mitted amendment, except where it believes there

are vitally important reasons for not doing so-

which it shall explain to the corporation members."

On April 11, the national Board of Directors,

on the recommendation of the director, Patrick

Malin, instead of referring the proposals to the

members of the Corporation for a vote as provided

in the By-Laws, adopted a motion to refer them

to a Constitutional Committee, This Committee

was named last December 29, although author-

ized by the February 1954 `conference of the

ACLU, and it was instructed to report to a confer-

ence to convene "if possible before March 1, 1955

and not later than March 1, 1956." Thus far no

materials have been submitted to the members of

the. Committee, but Mr. Malin told the Board he

hoped ``to supply the committee with those basic

materials as soon as possible after May 10."

Referendum Allowed

Under present provisions of the By-Laws, the

only way a policy question can be determined by

all of the members of the corporation is by a

referendum. "A mail referendum to the Corpora-

tion members on any, action of the national Board

of Directors shall be held on the request of any

ten corporation members .. .", say the By-Laws.

Members of the corporation are defined as the

35 members of the national Board of Directors

who meet every two weeks in New York City, the

members of the National Committee, and the

boards of the various affiliates considered cor-

porately. However, the national board need not

act in accordance with the majority vote on any

referendum if "it believes there are vitally im-

portant reasons for not doing so-which it shall

explain to the corporation members."

Bill Requires Tax Exempt

Groups to Bar Subversives

Assemblyman Levering's A.B. 1215, which

sought to deny tax exemption to property which

is allowed to be used by any subversive group or

individual, or by any individual (or organization)

who advocates the support of a foreign govern-

ment against the United States in the event of

hostilities, was amended last month.

As amended, the proposal would deny tax ex-

emption where property is knowingly used "for

the commission of any act intended to further any

program or movement the purpose of which is to

accomplish the overthrow of the Government of

the United States ...", or "to win support for a

foreign government against the United States in

the event of hostilities .

And, under the proposal, the Attorney General's

subversive list ``shall constitute prima facie evi-

dence that any organization listed therein com-

mits acts intended to further any program or

movement the purpose of which is to accomplish

the overthrow of the Government of the United

States, etc." The bill also requires that `Such list

shall be included in the affidavit or other form

prescribed for claiming a tax exemption."

In other words, churches, Y's, co-ops, nursery

schools, community centers of all kinds, etc., would

be required to bar from the use of their premises

organizations on the Attorney General's list or

individuals they know belong to such groups. Just

to play safe, a tax exempt organization would

have to require persons and groups using its prop-

erty to furnish declarations of non-membership

in the groups on the Attorney General's list.

Excerpts From So. Calif. Tax Exemption

Loyalty Oath Decision In Church Case

As reported in the April edition of the ACLU

News, Los Angeles Superior Court Judge Phil-

brick McCoy declared invalid the loyalty oath

requirements for tax exemption in a suit filed

by the People's Church of San Fernando Valley.

Judge McCoy flatly refused to follow the decision

of the five judge court in the case of Speiser v.

Randall and held that there was no freedom of

speech or freedom of religion issue involved in

the matter. He based his decision solely on the

fact that under the implementing legislation,

loyalty oaths are not required for all exemptions.

follow: | portions of Judge McCoy's oral opinion

ollow:

. I do not propose to follow Speiser vs. Ran-

dan (unreported) (No. 60660, decided February

9, 1955 by a five judge Superior Court.)

Religious Freedom

", .. IT have tried to equate the advocacy of the

overthrow of the Government of the United States

or the State by force or violence, or any other un-

lawful means, or the advocacy of the support of,a

foreign government against the United States in

the event of hostilities, with the guarantees of the

First Amendment of the Constitution of the United

States. More narrowly, I have attempted to equate

such(R) advocacy with religious belief or freedom

of religion, because neither of these enactments

that we have to consider, in my mind, have any-

thing to do with an establishment of religion, or |

the establishment of a religion, but rather with

religious belief. But I simply cannot find that any

such advocacy as_.is proscribed by Section 19 of

Article XX has any relation whatsoever to a re-

ligious belief. Neither do I find, nor can I conclude,

that either type of advocacy can possibly be re-

lated to the free exercise of religion under the

First Amendment.

The plaintiff relies extensively in its brief

on Murdock v. Pennsylvania, and more particular-

ly the statement by Mr. Justice Douglas for the

majority, that those who can tax the exercise

of a religious practice can make its exercise so

costly as to deprive it of the resources necessary

for its maintenance. I agree.

No Freedom From Taxation

"But there is a good deal more to the Murdock

case than what I have just referred to. Mr. Justice

Douglas also said in striking down the tax there

in question:

`We do not mean to say that religious groups

and the press are free from all baste burdens

_ of government.'

"And Mr. Justice Reed in a fee eare opinion

amplified that statement, and did not disagree

with Mr. Justice Douglas:

" Tt will be observed' (said Mr. Justice Reed)

`that there is no suggestion of freedom from

taxation, and this statement is equally true of

the other state constitutional provisions. It

may be concluded that neither in the state or

the federal constitutions was general taxation

of church or press interdicted.

"Ts there anything in the decisions of this

Court which indicates that church or press is

free from the financial burdens of government?

We find nothing. Religious societies depend for

their exemptions from taxation upon state con-

stitutions or general statutes, not upon the Fed-

99

eral Constitution.

"I adverted a moment ago to the decision by our

District Court of Appeal in City of Corona v. Co-

rona Daily Independent. .

" `There is ample authority,' the court said,

`to the effect that neighbors and the business of

newspaper publication are not made exempt

from the ordinary forms of taxes for the support

cf local government by the provisions of the

United States.' "

"Now, it would seem to me that if newspapers

are not made exempt from the ordinary forms of

taxes, then the churches or other religious insti-

tutions are not exempt from the ordinary forms

of taxes for the support of local government by

the provisions of the First and Fourteenth Amend-

ment.

Advocacy May Preclude Benefits

"To hold, as I do, that the provisions of Section |

19, Article XX of the Constitution of the State

of California can be squared with the First Amend--

ment solves only half of the problem, If advocacy

without overt acts is a sufficient reason, as the

cases so hold in substance, to preclude participa-

tion in government through holding public office,

or to preclude admission to the bar, which is a

franchise' or privilege granted by the state, then

it seems to me that such advocacy is sufficient to

preclude the receipt of other benefits of govern-

ment. In this case the Constitution applies this rule

to those who may claim exemption from taxation.

I find nothing wrong with that. There is nothing

Speedy Victory

wrong in either the Constitution or the legislation

which puts any limit on what a church may preach,

teach or advocate. I find nothing unconstitutional

in the fact that Section 32 requires a declaration

of non-advocacy to be filed by those claiming tax

exemption. That is a proper evidentiary device to

establish prima facie a fact peculiarly within the

knowledge of the declarant.

Oath Required Of All Taxpayers

"What does bother me, however, is something

much more substantial than that. Granted that

Article XX, Section 19 of our Constitution meets

the test of constitutionality as measured by the

First Amendment to the Constitution of the United

States, it applies in its terms to all taxpayers:.

`Notwithstanding any other provision of this Con-

stitution, mo person or organization . . . shall re-

ceive any exemption from any tax.' As suggested

by defendants, this provision qualifies all exemp-

tions theretofore and otherwise granted by any -

other provisions of the Constitution. It seems to

me that by adopting Section 19 of Article XX of

the Constitution, the People themselves made their

own classification for tax purposes and precluded

all other possible classification.

"The Legislature had no authority to make any

classification which was not as all-inclusive as

that of section 19 of Article XX.

Householders May Not Be Exempted

"In enacting Section 32 of the Revenue Code

the Legislature, in my judgment exceeded its con-

stitutional authority. Having fixed authority to

carry out the fixed purpose of the Constitution (c)

and provide by law the means necessary to en-

force the provision of the Constitution which pre-

vents every person and every organization within

the proscribed class from receiving tax exemption,

nevertheless, they adopted a law which says that:

`Any statement, return, or other document in

which is claimed any exemption, other than the

householder's exemption, from any property tax

imposed by this State' shall file such a declara-

tion. The constitutional provision is not limited

to property taxes. It is broad enough to include

- any tax imposed by the State. The constitutional

provision does not except householders or any

other taxpayers, nor does it except any kind of

taxes. The Legislature undertook to make such

exceptions. On the one hand householders are

excepted from its operation; on the other it is

limited to property taxes. Since the Legislature

has therein exceeded its constitutional authority,

the demurrer is overruled.

"Now, if the legislation is unconstitutional,

then, as I see it, the plaintiff is entitled to relief

under the stipulation, and hence will be entitled.

to judgment."

in

Industrial Security Bd. Case

A speedy decision was handed down in an indus-

trial Security Board case last month. The day af-

ter the hearing, and before the transcript became

available, the oard granted clearance for access

to classified information 'to the U.C. employee.

The employee, represented by Ernest Besig, was

charged with making a "Contribution to and

activities in behalf of the National Committee to

Secure Justice in the Rosenberg Case." All he did

was purchase two pamphlets from the Committee.

It was also charged that the employee's wife

had advised the FBI "that in the past she and her

husband: entertained in their home persons who

_had pro-Communist leanings, had attended some

public meetings which were sponsored by the

Communist Party." The wife explained that the -

FBI agent either misunderstood what was said

or made an erroneous report.

The wife was also charged with signing "

December 1951" an open letter to the Jefferson

School Parent Teachers Association members in

Berkeley, California, in opposition to a Jefferson -

School PTA resolution asking that PTA units in

California be given the right to exclude from mem-

bership, members of any organizations identified

as Communist or Communist front organizations."

The wife insisted her action was not to promote

communism but was taken in the interest of the

children.

There was also a vague charge that the wife

"had pro-Communist leanings and was interested

in Communist philosophy.

The remaining charges were that the employee

maintained a close continuing association with a

Univ. of California professor who wag said to

be "affiliated with Communist-sponsored organi-

zations," and that his car `was observed parked

in the vicinity of a meeting of the Peace Commit-

tee of Contra Costa and Alameda Counties on

November 25,1952."

MAY, 1955

AMERICAN CIVIL LIBERTIES UNION-NEWS

_ ACLU Criticizes

' ROTC `Loyalty Oath'

The national office of the American Civil Liber-

ties Union has criticized a sweeping loyalty oath

required by the Defense Department for college

students enrolled in ROTC training courses.

The ACLU comment was contained in a letter

sent to Secretary of Defense Charles E. Wilson:

noting that the Pentagon had refused to make

changes in the oath requested by the Wisconsin

Civil Liberties Union last fall, and urging recon-

sideration of the decision. ;

Requirements of Law Exceeded

The ACLU pointed out that the Defense De-

partment has gone far beyond the requirements

of Public Law 458 which provides that candidates

~ for ROTC training swear they do not advocate

violent overthrow of the government and are not

members of organizations advocating such over-

throw. The ACLU charged that the Department

how demands that the enrollee certify that he is

not a member of any group on the Attorney

General's so-called subversive list, that he list any

meetings or social activities sponsored by these

organizations which he has attended, any litera-

ture he has distributed for them or any other form

of aid he has lent them.

Under the current regulations, the ACLU letter

continued, a student listing such associations can-

not be formally enrolled in the ROTC program

but may be allowed to participate on an informal

basis, without being permitted to march in uniform

or to borrow the necessary text books and drill

equipment, As a result, the ACLU said, "the per-

son who is not formally enrolled must march by

himself or only with others similarly situated,

thus, in effect, stigmatizing him in the eyes of his

fellow students."

The letter declared, "The necessary effect of

_ the present form of the loyalty oath is to force a

student to choose his associations, the speakers

he wishes to listen to, the literature he wishes to

distribute, at the penalty of being expelled from

the university if his choices do not meet with the

approval of the Defense Department." The ACLU

pointed out that in many states universities and

`colleges who receive federal land grants under

the federal Land Grant Act must require students

to take ROTC courses.

No Relationship To National Security'

Asserting that the federal law could be satisfied

by only a simple affirmation of loyalty, the ACLU

declared, "The use of the present form requires

the public humiliation of those students who have

had past associations and are honest enough to

admit them. . ... We believe this to be a danger

both to education and to our democracy, for it

gives the government control over education and

ideas and associations of students in our univer-

sities without that control having any reasonable

relationship to national security. Such control, we

believe, is wholly contradictory to the democratic

principles which the Army exists to defend."

The letter stressed that no question of national (c)

security is involved because ROTC students do not

receive classified information or material, "The

fact that the Defense Department would permit

a ROTC cadet to take full training though without

uniform and without free supply of texts and drill

equipment seems to be conclusive proof that the

Defense Department itself believes that the more

informal enrollment in ROTC would not be in-

consistent with the interests of national security."

Harold Hack Case Cited

To show the unfairness of the present oath, the

ACLU cited the case of Harold Hack, a 19-year-old

student at the University of Wisconsin, who was

forbidden to wear his ROTC uniform because he

was once a friend of a person who was later in-

vestigated by the FBI for alleged Communist ac-

tivities. Hack, an honor student and Lutheran

Church Sunday School teacher, was prepared to

drop out of school rather than face public brand-

ing as a subversive, but special action by the Uni-

versity enabled him to remain and postpone the

ROTC requirement until the check was completed.

State Senate Votes Levering

Oath for Central Committees

By a vote of 29 to 2, the California Senate

adopted S.B. 423, requiring members of county

central committees to subscribe to the Levering

oath before entering. upon the duties of such

offices, Senators Miller and Short composed the

minority. Sen, Richard Richards of Los Angeles,

while expressing opposition to the Levering oath,

explained his favorable vote in the Senate Journal

by the belief that all public officers should take the

same oath.

__ The bill has been set for a hearing in the Assem-

bly Elections Committee at 3 p.m., May 3, in

Room 3184. :

Gwinn Amendment Housing 'Oath

Unconstitutional in Richmond Test Case

Eviction from public housing of tenants who re-

fuse to sign so-called loyalty oaths was declared

unconstitutional by Richmond Municipal Judge

Leo G. Marcollo in a 15-page decision, handed

down on April 21, in the case of Benjamin and

Bertha Buchalter, Charles and Mary Semer and

Eugene and Noreen Zumwalt. The oath requires

a statement that the tenants and their families

do not belong to any organization on the Attorney

General's list.

Reasons for Evictions Not Disclosed

In the three eviction suits, the Housing Author-

ity did not mention the tenants' refusal to sign the

oath, but contended that it had the same right as

any private landlord to evict whomever it wishes.

The ACLU of Northern California, representing

the tenants through volunteer Attorney Joseph

Landisman of Richmond and Staff Counsel Law-

rence Spieser, argued that the real reason for the-

attempted evictions was non-compliance with the

oath requirement.

Judge Marcollo held that the Gwinn Amendment

of the 1952 federal appropriations act and the

loyalty oaths required by the Richmond Housing

Authority violate the federal and state constitu-

tions and denied the request of the authority that

the tenants be evicted.

Excerpts From Opinion

Judge Marcollo said:

",.. The defendants are not being evicted be-

cause of any charge that they are in fact disloyal

or engaged directly or indirectly in advocating

the overthrow of our government by constitutional

means, but only because they refused to execute

said loyalty oath and the said certificate that they

are not members of any one of a large number of

organizations designated by said Attorney Gen-

eral `as within Executive Order 9835.'

""_.. However reprehensible a Legislature may

"regard certain convictions or affiliations, it can-

not forbid them if they present no `clear and

present danger that they will bring about the sub-

stantive evils' that the Legislature has a right to

prevent.

"The Gwinn Amendment and the loyalty oath

seek to impose an unconstitutional condition. in

requiring public housing tenants to renounce be-

liefs, and speech, and assembly constitutionally

protected. Here the public welfare and safety

remains at precisely the same level whether de--

fendants`or those who in fact do advocate the

forceful overthrow of our government or in fact

are `subversive' live in public housing, or not.

"If the principle is accepted that the state may

withhold privileges from those who do not give

the state unquestioned loyalty, then the door is

open for requiring loyalty test oaths from all

users of municipal buses, the public streets and

sidewalks, public libraries, municipal water and

power, ad infinitum, all of which would not in

any way make the state more secure.

No Clear and Present Danger

"In the case at bar, we are not concerned with

a situation where members of certain proscribed

organizations, by reason of their tenancy in pub-

lic housing, present a clear and present danger to

the state or nation. There is no legislative history

at all to indicate that hearings have ever been

held on the question of dangers from tenancy in

public housing of such persons let alone that a

finding of danger was made. :

"Where there is no rational connection between

any evil sought to be controlled and restraints on

freedom. of association, then such restraines are

unconstitutional in violating the due process and

equal protection clauses of the United States

Constitution."

May Not Bar "Subversives"

In his opinion, Judge Marcollo found, further,

in the light of the authorities, that it would not

constitute grounds for eviction even if the tenants

were in fact. `subversive' or did in fact belong to

any of the organizations designated by the Attor- _

ney General of the United States ag `subversive.'

The Housing Authority hag refused to state in

court whether the non-compliance with the oath

requirement is the real reason for its action, al-

though these tenants are the only ones against

whom these proceedings were brought. :

Judge Marcollo denied the Housing Authority's

motion for summary judgment and said:

". ... If, however, the defendants' refusal to

sign said loyalty oath and said non-membership .

certificate is in fact the only reason for their evic-

tion, and no one knows if this is the fact better

than the plaintiff, then the plaintiff should not, in

the opinion of this court prolong this litigation, in

view of the aforesaid Illinois and California hous-

ing authority cases, each of which `has placed a.

constitutional ban upon compulsory signing by

tenants of certificates of nonmembership in sub-

versive groups as a condition for continued occu-

pancy of public `housing projects, and the afore-

said Speiser cases which have placed a constitu-

tional ban on loyalty oaths in order to secure cer-

tain tax exemptions, but should forthwith dismiss

it, and also said two companion cases, to spare the

several party defendants needless further expense,

inconvenience and vexation."

(The court's opinion will be reprinted in the

June issue of the ``News.'')

Army Employee Clear After

9-Month Suspension as `Risk'

More than nine months after her suspension as

a security risk, and 614% months after a hearing, a

$3175 per year traffic control clerk at the Oak-

land Army Base was finally cleared and ordered

reinstated to her job. She was represented by

Ernest Besig, local director of the ACLU.

The employee was charged with subscribing to

`In Fact," attending "Communist-front meetings

in Richmond, California, at which Mr. Haakon M.

Chevalier, a former professor of French at the

University of California, spoke on various occa-

sions," and giving the name of an alleged Com-

munist as a reference.

It was also charged that the employee had "de-

fended the foreign policy of the USSR, and to have

expressed the belief that Communism is the com-

ing thing for this country,' and to have stated

"that there is some good, as well as some bad, in

Communism and that in Russia today there is a

lower percentage of illiteracy than that in exist-

ence in the United States."

Finally, she was alleged `"`to have stated that

you had heard Harry Bridges speak on several

occasions; that you believed him to be a loyal

American, that he had been persecuted and that

his trial was merely a means of discrediting him

in the public eye."

The employee denied all of the charges except

her use of the reference who was alleged to be a

Communist. She claimed she had no knowledge as

to his politics. She insisted she had never attended

Communist-front meetings in Richmond or any

other place and had never even heard of Haakon

Chevalier. As for Harry Bridges, not only had

she never heard him speak but she didn't know

what he looked like. Moreover, she didn't know

why the government was trying to deport him.

The charges may possibly be explained by the

fact that the employee is married to a Negro. Fol-

lowing her `marriage, one co-worker refused ,to

speak to her while others became somewhat un-

friendly.

Bill Introduced to

Disbar Subversive Lawyers

On April 20, Assemblyman Gordon A. Fleury

(R., Los Angeles), amended his spot bill, A.B. 1800;

to carry out the recommendations of the Board

of Governors of the State Bar to exclude subver-

sives from the practice of law in California, The

bill is scheduled for a hearing before the Assem-

bly Judiciary Committee on May 3 at 8 p.m. in

Room 4202 of the State Capitol.

Under the terms of the bill, it shall constitute

a cause for disbarment or suspension for an attor-

ney to advocate or teach the violent overthrow

of the government, to publish or circulate any

written or printed matter so doing, or to organize

or become a member of a group so doing.

A similar provision was added to the California

law in 1951, Also, if an attorney were convicted -

under the Smith Act or the State Criminal Syndi-

calism Act, he would be disbarred anyway under ~

other provisions of the law. -

Van D. Kennedy Re-Elected

To Executive Committee

Prof. Van D. Kennedy, associate professor of

industrial relations at the University of California,

who resigned from the Union's local Executive

Committee in June of 1953 upon receiving a Ful-

bright fellowship that took him to India until last

February, was re-elected to the Committee on

March 3 for a term expiring in 1957.

Last month, the Executive Committee recon-

sidered its action of March 3 in accepting the

resignation of Prof. Carlo Lastrucci of San Fran-

cisco State College who found it impossible to

attend meetings during the current semester.

Since Prof. Lastrucci's teaching schedule next

fall will permit him to attend meetings, the Com-

pee felt it wanted him to continue his member-

ship.

Under the By-Laws, the Executive Committee is

limited to 25 persons. There are no vacancies.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

MAY, 1955

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 BBESIG........... Ee eo ee 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 a

OPEN FORUM -

"Right to Work" Laws

Editor: ;

The reasons given in your April issue for your

opposition to the "right to work" laws seem very

thin.

I'm not carrying a brief for these laws-but the

reasons given amount to nothing more than "the

guilt..by association" technique both you and I

abhor.

We hope you can come up with more concrete

reasons in the future regarding this matter.

P.A.L.

High Court Refuses Review

Of Religious Freedom Case

The U.S. Supreme Court has denied review of

a decision by the Supreme Judicial Court of Massa-

chusetts which refused to allow the adoption by

a Jewish couple of illegitimate twin children born

to a Catholic mother. Upholding a probate court

ruling, the Massachusetts high court decided that

under a state statute adoption across religious

lines was prohibited, even though the mother

wants the adoption and it would promote the

children's best interests.

_ The American Jewish Congress, which brought

the case, contended-and the ACLU agreed-that

the law was an unconstitutional interference with

religious freedom by the state. However, the U.S.

Supreme Court refusal to review leaves the Massa-

chusetts decision in effect. While the Jewish

couple involved, Mr. and Mrs. Ruben Goldman,

have announced that they will continue to fight

the case, there is little likelihood that anything

more can be done, although the children may re-

main in their home.

Less public notice, however, was given' to a

decision of the N.Y. State Court of Appeals,

which is at complete variance with the spirit of

the Massachusetts decision. That case involved

the child of Mr. and Mrs. Malcolm Martin, who

was educated in a Roman Catholic parochial

school, in accordance with a marital separation

judgment which awarded them custody of the

child on this condition. The only matter that the

Court thought relevant was the welfare of the

boy. Now 14, he had testified at the age of 12 that

he wanted to attend a different church and trans-

fer to a public school. The decision was by a 5-2

vote, the dissenters contending only that the boy

was too young to make a mature and considered

choice, and that the agreement to bring the boy

up in a Catholic parochial school should have

been enforced unless its enforcement was shown

to be harmful. :

ACLU Unit Urges End

To Segregated Travel

"Tt is time for the courts of this country to de-

clare in clear and unmistakable terms that a Negro

has the same rights as any person of the white

race while traveling interstate and that discrimina-

tion in any form will not be tolerated," the South-

ern California branch of the American Civil Liber-

ties Union declared recently in a brief submitted

to the U.S. Court of Appeals in San Francisco.

The "friend of the court" brief was filed by

ACLU Counsel A. L. Wirin, Fred Okrand and

Abraham Gorenfeld in behalf of I. H. Spears, a

Negro passenger who purchased a ticket in Los

Angeles from the Transcontinental Bus System

and was segregated in the Midwest by the Con-

tinental Southern Bus System, a subsidiary of

Transcontinental.

Segregation of passengers on the basis of race

violates the Interstate Commerce Act, the national

policy of the United States and the prohibitions

of the Fifth Amendment, the brief charged.

Such segregation `enforces and stimuiates ra-

cial prejudices which makes impossible the. full

enjoyment of civil and political rights by Negroes,"

the ACLU said. The effect of segregation is to

keep the races apart and to prevent them from

knowing each other. Lack of knowledge leads to

suspicion, distrust and conflict and results in fur-

ther demands for segregation. Thus, a vicious

cycle is created and instead of a unified nation we

have a divided one."

Chapel Talk-or-Lose-

License Bill Killed

In a dramatic hearing before the Assembly Ju-

diciary Committee on April 19, the Chapel bill

(A.B. 1903) was killed, thus saving the privilege

against self incrimination for 450,000 licensees

under California's Business and Profession's Code.

Charles E. Chapel (R. Inglewood), attempted to

save his bill by having it referred to an interim

committee on judiciary for a report back in two

years, but a substitute motion to table and, in

effect, kill the measure was made by Assemblyman. |

Patrick D, McGee (R. Van Nuys) and was passed

by an overwhelming 13 to 8 vote. -

The hearing room was filled with spectators

- who had come from all parts of the state to testify

against the bill. Before any testimony could be

heard, Assemblyman Chapel obtained the floor

and in a long rambling speech, gave his reasons

for exercising his right as author cf the bill to call

off the hearing at this time. He could have done

this several days earlier, and thereby saved wit-

nesses the time and expense of their trips to Sac-

ramento, including an ACLU representative, but,

instead, chose to withdraw his=bill at the last

moment.

Legislative Counsel's Opinion (c)

Chapel insisted that his original bill was only

a Skeleton "spot" measure, providing for revoca-

tion of licenses of any licensee relying on the

privilege against self incrimination when ques-

tioned on any subject in a legal, executive or legis-

lative proceeding. He amended his bill on March

30th restricting it to inquiries into Communism

and advocacy of the forceful overthrow of the

government. Chapel noted that even with this

change, Legislative Counsel Ralph N, Kleps had

issued an opinion on April 8, holding the bill to

be unconstitutional because it deprives licensees

of their right to earn a living (which is protected

by the 14th Amendment) and in being restricted

to those licensed under the Business and Profes-

sion's Code. (There are licensed professions, such,

as chiropractors and osteopaths, which would be

unaffected by the proposal.)

Chapel revealed that he had just received a

letter from Goscoe Farley, representing the State

Bar, opposing the bill because it had not taken

into account the problem of waiver of the privi-

lege against self incrimination, The letter indi-

to oppose a similar proposal restricted to lawyers.

Chapel Has His Doubts

The Inglewood Assemblyman insisted that he

did not wish to infringe on anyone's constitutional

rights and was concerned over the danger of "some

innocent persons' being hurt by the measure, This

prompted Assemblyman Bernard Brady (Dem.

S.F.) to ask, "Are you for it or against it?"

The resounding vote to table, in addition to the

great number of witnesses who had requested an

opportunity to testify against the bill, seems to

indicate that Senator Hugh M, Burns' (Dem.

Fresno) similar bill (S.B. 1814) is also dead for

this session. The latter bill has not as yet been

scheduled for a hearing.

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: Executive Committee

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G ; Sara Bard Field $

CY Honorary Member %

+ Rt. Rev. Edw. L. Parsons :

. Chairman and

Dr. Alexander Meiklejohn - ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

. Helen Salz - "

% Vice-Chairmen ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Fred H. Smith, IV ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

. Secretary- Treasurer %

% Ernest Besig 5

2 Director S

i. Lawrence Speiser ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Staff Counsel : -

% Arthur P. Allen and

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Albert Brundage %

: Prof. antes cael ubal ee

% Wayne M. Collins :

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Rabbi Alvin Fine : a

Laurent B, Frantz %

2 Jah carat F.Green |. : ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

ice G. Heyneman .

x Prof. Van D. Kennedy

= Ruth Kingman ee

% Prof. Carlo L. Lastrucci and

= Seaton W. Manning and

Q Rev. Harry C. Meserve 5

% William M. Roth S

Me

8

%

Clarence E. Rust

Prof. Laurence Sears

%

eS

2

8

o,

oe

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log _ Prof. Wallace E. Stegner and

2 Theodosia B. Stewart ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

2 Stephen Thiermann %

% Franklin Williams | S

es

,

oe 8.

(c), 3% Pn ote oho 0h OMe 60 M0 ae Hh oe 5% 6% 07 5% 6% 6% 6% 0. 0% 0% 4% OMe oo 6% 0%. 0% 4% OM M0 Mo oe oP e%e ha Ma ctanchoa0x2122

PSP YL US U8 U9 18 V8 0.9 O,8 U8 00 9.9 19 H.9 U9 0.9 U9 U8 9.9 19 V9 UO OL 0.9 0.9 19 0,9 00 OOD 0 19 0,8 0.9 00 0,9: 0 08 mS

eo,

76 Pending Hearings

The ACLU of Northern California present-

ly has 12 issues pending in the courts besides

64 cases pending before administrative hear-

ing bodies. In the latter group, 27 cases are

awaiting decisions following hearings.

In addition, the Union is handling many

issues by correspondence and conference, and

it has spent a limited amount of time on bills

before the California Legislature.

Following is a breakdown of pending issues

that involve hearings in which Ernest Besig

and Lawrence Speiser are representing the

Union's client's:

Court cases 12

Deportation cases

Naturalization cases

Security cases:

"Army inductees

Army Reserve Officers

Fed. Communications Comm. licensee

Federal employees

Industrial Security Board

Maritime workers (Coast Guard)

Navy Reserve Officers

Passport applications

Total

C.P. Member May Be Denied

Admission to Bar, Court Rules

The United States Supreme Court has refused

to review a decision of the Illinois Supreme Court |

that a lawyer seeking admission to the bar in

pa CO

ee

OS bt a

Sl wes

Illinois may be denied permission to practice if

he refuses to answer questions.as to whether he

is a member of the Communist Party. . _

The case involved George Anastaplo, who had

passed the Illinois bar examination, but refused

to. answer the State's Charter Committee's ques-

tions as to whether he was a member of the Com-

munist Party or of any. of the organizations listed

as subversive by the Attorney General. He also:

stated that he believed in the doctrine of violent

revolution if he could not agree with the existing:

government, found it unsatisfactory, or felt that

force was the only means to attain the end desired -

0 _-even if the existing government provided for

cated that the State Bar had just recently voted . a i

peaceful means of change. While the Committee

did not consider these views as the basis for deny-

ing him a certificate, they thought that such views'

increased the importance of his refusal to answer.

The only question considered by the Illinois

Supreme Court was his refusal to answer about

Communist Party membership.

The Court unanimously held that the right to -

practice law is a privilege, and that loyalty to

the constitutions of the state and federal govern-

ment can be required of an applicant for admis-

sion to the bar. Membership in an organization

advocating violent overthrow of the government,

said the Court, would give rise to questions con-

cerning the sincerity of the applicant's oath to

support and defend the Constitution.: Moreover,

said the Court, a lawyer holds a position of at

least semi-public trust. If an applicant admitted

membership in the Communist Party, further in-

quiry into the applicant's knowledge as to the -

subversive nature of the organization would be

relevant, Thus, said the Court, questions as to

membership in the Party or known subversive

organizations were relevant to the inquiry.

The right of free speech was not violated, the

opinion continued, since there is a clear and

present danger from the Communist Party, and

the public must be protected against the evil, even

if constitutional rights are infringed. The condi-

tion of loyalty is a reasonable one, the Court said.

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

E

Ge for current year, (Types of mem-

bership: Associate Member, $3; Annual Member,

$5; Business and Professional Member, $10;

Family Membership, $25; Contributing Member,

$50; Patron, $100 and over. Membership includes

subscription to the "American Civil Liberties

Union-News'"' at $1.50 a year.)

21 pledge S23 per month -= OF f. pper Vik.

3. Please enter my subscription to the NEWS ($1.50

per year)

Enclosed please find $.............. ee Please bill

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