vol. 21, no. 4

"Eternal vigilance is the price of liberty."

Free Press

_Free Assemblage

Free Speech

VOLUME XX!

SAN FRANCISCO, CALIFORNIA, APRIL, 1956

NUMBER 4

Three Favorable Decisions

In Port Security Cases

~The Commandant of the U.S. Coast Guard last

month handed down favorable decisions in three

port security cases. In one case, the decision was

dated only seventeen days after the hearing, while

the hearings in the other cases took place last

September and October.

Membership In C.P. Charged

In two of the cases,-there were allegations of

membership in the Communist Party. Indeed, the

only charge in one case was membership in the

party in 1951, which the seaman denied. It may

well be that he was just another victim of the com-

mon practice on the waterfront of accusing people

of being Communists.

The second case charged membership in the

Communist Party in 1940 and a subscription to

the "People's World" in 1941 and 1942. This man

also denied membership in the party but admitted

attending a communist meeting prior to the war

and subscribing to the "People's World" for one

year.

Five Charges In Third Case /

The third favorable decision was handed down

in a case involving five charges. The first two

charges were somewhat inconsistent. First, it was

alleged that "in 1949," the seaman "was sympa-

thetic to the. principles of the Communist Party

in San Francisco." Second, at the same time, he .

was charged with being `on the mailing list of the

Independent Socialist League in the San Francisco

Bay area."

Next, his former wife was accused of circulating

"a Communist sponsored petition to place the In-

dependent Progressive Party on the California

State Ballot."

The fourth charges was that in 1949 he circu- |

lated a petition to place a congressional candidate

on the ballot "who is reliably reported to be a

member of the Communist Party." The final

charge alleged that the seaman had "numbered

several Communist Party members or sympa-

thizers among your close associates during the

past five years."

Postoffice Release of

Books A Mere Dribble

The release of all mailable books previously

seized by the postoffice to Russian bookstore

owner Jerome Feingold, turned out to be more of

a trickle than a torrent. As announced in the

March issue of the NEWS, the postoffice depart-

ment informed the ACLU that it was going to re-

lease to Mr. Feingold all books which had been

seized by it under the "rotten apple" theory, Le.,

mailable books which happened to be placed in the

same package as non-mailable material.

However, all that Mr. Feingold has as yet re-

ceived are 10 copies of a thin pamphlet on Russian

animals and 28 copies of a Russian fairy story.

The total number of books which Mr, Feingold

failed to receive number several thousand.

Chester R. McPhee, Collector of Customs in San

Francisco, stated to ACLU Staff Counsel Speiser,

that among others, volumes of Shakespeare and

deMaupassant as well as Tolstoi's War and Peace

are not objectionable. However, none of these

works have yet been released to Mr. Feingold. A -

further inquiry has been made to the postoffice

regarding the status of books which have failed to

reach him. (It is possible that these books have

already been destroyed.)

In another case, a mere inquiry by ACLU volun-

teer attorney Hartley Fleischman, seems to have

resulted in the release of approximately one-half

of the personal library of J. W. Powell, Jr., which

was confiscated upon his return from China sev-

eral years ago. Previous efforts by private counsel

retained by Powell had been unsuccessful. Fleisch-

man and the ACLU are contemplating court action

challenging the Customs Bureau censorship pow-

ers in this case. |

ACLU Launches Drive for 700 New

Members and $6000 in 18 Communities

In 18 communities across the northern portion

of the state, the Fourth Annual Spring Member-

ship drive of ACLU is underway. During the month

of April, and part of May, over 200 ACLU volun-

teers are bending energies and ideas, toward ex-

tending the membership of ACLU in their commu-

nities.

Under the direction of Chairman Morse Erskine,

Sr., San Francisco attorney, the drive seeks an

aggregate of $6000 and 700 new members from

the 18 communities. The $6000 is earmarked for

the educational fund, that will support a year-

round program of round tables, lectures, and work

with high school and college-age young people.

Decentralized Drive

Each community is planning their drive accord-

ing to the size of their goal, present membership,

and resources available within the community.

Official dates of the drive are April 16 through 30,

`though several communities have elected to ex-

tend their drive into the first week of May.

`Members who would like to assist the drive in

their community, should contact the chairmen

Nobody Wants To Be

A Girl Friday, But:

During April and May-the months of pre-

paration and execution of the Fourth Annual

Membership Drive, the San Francisco office

will be laboring under a mountain of work.

Volunteers are needed to pitch in-typing,

filing, getting out mailings, general office

work. Particularly, help is needed from the

Berkeley and San Francisco areas, where

membership is largest. Even two or three

hours a week will help. Telephone Priscilla

Ginsberg, EX 2-4692, to arrange a time, either

on weekdays, or Saturday mornings.

ACLU Chalks Up Fourth Win

In Port Security Case

Just as the ACLU-NEWS was going to press,

the office received a letter from the Commandant

of the Coast Guard announcing a favorable deci-

sion in another security case. This case was argued

before the National Appeal Board by Ernest

Besig when he was attending the biennial confer-

ence of the ACLU in Washington. It was the

fourth favorable decision in Port Security cases

received during March.

This man had two hearings before the Security |

Appeal Board in San Francisco. On the first oc-

casion, he had no representation, while on the

second occasion he was represented by the ACLU.

He was charged with membership in the Com-

munist Party in 1948. This charge he strongly

denied. Of course, in the absence of confrontation

by the accuser, it was most difficult to prove the

negative. It is quite possible that the Government

had confused him with someone bearing the same

fame

The man also denied a charge that he had sub-

seribed to the Sunday Worker, but he admitted

receiving it. He didn't know who had put him on

the mailing list. In any case, he never paid a cent

to receive it. .

It was also claimed that he had been a sponsor

in 1943 of the National Council of American-Soviet

Friendship. This charge he also denied, and, of

course, no accuser was present to support the

charge.

The final charge was that he had signed the

Stockholm Peace Petition in 1950. This he ad-

mitted. It seems that in 1950 someone called at his

home and presented the petition. He knew nothing

about the origin of the petition and, since he was

for peace, he signed it.

listed below. Berkeley: Either Mrs. Harold Mann,

19 Norwood Ave., or Mrs. David C. Ohman, Jr.,

983 Overlook Rd., who are serving as co-chairmen.

Goal 150 members and $1050. Carmel: Mrs. Doug-

las Carter, Carmel, is planning an evening meeting

at her home, for all prospects from Big Sur, Car-

mel and Carmel Valley. Goal: 15 members and

$105. Davis: Lee H. Watkins, 744 Campus Way.

Goal: 15 members and $105. Diablo Valley: Gordon

Kull, 1515 Arbutus, Walnut Creek, is sponsoring

an evening meeting for members and prospects

from Orinda, Lafayette, and Walnut Creek. Goal:

10 members and $70. Fresno: Mr. Joseph Fortier,

324 N. Broadway. Goal: 10 members and $70.

Hayward-Livermore: Mr. and Mrs. Thomas Whay-

ne, 9563 Winifred Drive, Castro Valley; Goal: 10

members and $70.

Los Altos and Mountain View: Mr. and Mrs.

Theodore Baer held a dessert and coffee meeting

at their home on March 29, Professor John Merry-

man from Stanford Law School and board mem-

ber of ACLU, presented a case-in-brief for ACLU

for new members and prospects. e |

Marin County: Louise Quinn, 213 Reed Circle,

Mill Valley, and her steering committee, have

scheduled a series of 5 area meetings with speak-

ers the week of April 23, and a final potluck din-

ner, planned for 500 people on May 4, which will

be held outdoors at the Roger Kent estate, Kent

Woodlands. Dr. Alexander Meiklejohn, former

president of Amherst College, educational leader

and ACLU national committee and local board

member, is scheduled to speak. All members, and

those interested in ACLU are invited to attend.

Goal: 125 members and $825. a

Menlo Park-Atherton: Dr. Kenneth Arrow, 4

(Continued on Page 3, Col. 1)

Court Holds Chinese

Subpoenas Invalid

Federal Judge Oliver J. Carter ruled, on March

20th, that the federal government's attempt to

engage in a wholesale examination of Chinese an-

cestral family association records constitutes un-

reasonable search and seizure. The Grand Jury

here had sought to examine the closely guarded

membership rolls of the associations as part of its

investigation into an alleged citizenship racket.

The Jury issued subpoenas for the records and 24

Chinatown societies refused to honor the demand

and instead, went to federal court with a motion

to quash the subpoenas.

Judge Carter ruled that the subpoenas had the

"effect of being a mass inquisition of the family

records of the substantial portion of the Chinese

- population of San Francisco." The Jury had order-

ed all of the officers of these associations to bring

in within 24 hours "all lists, rolls, or other records

of memberships of the associations during the

entire period of the associations' existence, and

all records of dues, assessments, contributions and

other income of the associations, and all photosta-

tic copies of the membership of any portion there-

of." The associations' attorneys, Marvin Lewis

and Harold Faulkner, pointed out that many of

these associations have been in existence for over

75 years.

The ACLU entered an appearance as a friend

of the court through Staff Counsel Lawrence

Speiser, who pointed out the similarity between

this type of dragnet fishing expedition and the

"cases which were responsible for the development

of and the Fourth Amendment's guarantee against

unreasonable search and seizure.

Although U.S. Attorney Lloyd Burke disagreed

_with Judge Carter's opinion, he announced that

no appeal would be taken, but an attempt would

be made to draft subpoenas within the limits in-

dicated in the Court's opinion. : |

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AMERICAN CIVIL LIBERTIES UNION-NEWS

April, 1956

ACLU Aids Mennonite

In Securing Naturalization

Henry Schmitt, a senior medical student at the

University of California, was naturalized on March

16, 1956, through ACLU efforts in a case which

displayed an amazing reversal of opinion by

naturalization examiner. :

Schmitt, a member of the Mennonite Church,

one of the historic peace churches in the United

States, at first received a recommendation of de-

nial of his naturalization petition by Harmon E.

Hosier, a U. S. Naturalization Hearing Examiner.

Hosier, who has figured in several previous ACLU

cases involving conscientious objectors, recom-

mended a denial on the grounds that Schmitt was

not attached to the principles of the constitution

and well disposed towards the good order and hap-

piness of the United States, because he was un-

willing to bear arms, perform non-combatant duty

or assist in any way in the armed defense of the

United States against. its enemies.

Hosier's recommendation was supported by a

brief which completely ignored all of the legal

- authority in opposition to his position, including

decisions of the United States Supreme Court,

the Commissioner of Immigration and General

Counsel of the Immigration and Naturalization

Service itself. As proof of Schmitt's lack of attach-

ment to the constitution, Hosier pointed to the

Mennonite position on military service, which

holds that Mennonites may have no part in carnal

warfare or in the aid of war efforts. Under Ho-

sier's interpretation, all conscientious objectors

would be barred from citizenship even though

Congress has specifically decreed otherwise.

Schmitt, who plans to work as a Mennonite

medical missionary for a few years after comple-

tion of his medical school studies at the Univer-

sity of California, requested aid from the ACLU

after he received the unfavorable recommenda-

tion. Staff Counsel Lawrence Speiser wrote a

letter to the Commissioner of Naturalization and

Hosier's local superior indicating deep concern

over Hosier's basic misinterpretation of the law

and the fact that he did not seem to arrive at his

conclusions as indicated in this and in past cases

with the "impartial and judicial frame of mind

which would seem to be desirable with a man

serving as adviser to a court. The letter further

pointed out that Hosier's brief had completely

ignored a very recent Supreme Court decision

holding directly contrary to his position in sev-

eral respects.

Within a few days, the ACLU received replies

from Washington and from Hosier's local superior

indicating that amended findings would he filed

recommending that Schmitt be granted naturaliza-

tion. These findings were filed by Hosier, and

Schmitt was duly naturalized by Alameda County

Superior Judge Donald K. Quale. This was not

accomplished without several postponements due

to Hosier's evident efforts to make things as dif-

ficult as possible for Schmitt.

The only acknowledgment of error was a letter

received from Albert Del Guercio, Assistant Com-

missioner of the Naturalization Service, who

stated that they were conducting an examination "

of Hosier's handling of the Schmitt case. The

letter went on to say "It has been found that his

proposed recommendation contained a reference

to the Service views on the issue, but that they

were inadvertently omitted in the final draft of

the findings. It does not appear that Examiner

Hosier wag motivated by any deliberate intent to

bring about a view contrary to the view of the

Service." The letter did not explain why Hosier

originally made a recommendation of denial if the

omission of the Service views in his memorandum

were merely by inadvertence.

Freedom Agenda Committee

Organized in San Francisco

Formation of a San Francisco Freedom Agenda

Committee was announced here late last month.

The project is supported by the national Free-

dom Agenda Program, financed by the Carrie

Chapman Catt Memorial Fund, Inc. Its purpose is

to foster free discussion, in small groups, on cur-

rent problems concerning civil liberties.

Speakers will be sought to support not only con-

tentions that liberties are being endangered in the

wave of public anxiety growing out of concern for

national security, but that there is no danger-

that, in fact, even more rigid controls are needed.

The Committee was organized by M. Schneider

of the Anti-Defamation League, YUkon 2-4003,

and Mrs. L. Strait of the League of Women Voters,

MIssion 7-4916. Interested persons and groups

may contact either organizer for further details.

Port Security Program May Not

Rely On "Secret Information"

The Justice Department has decided not to

appeal to the U.S. Supreme Court from the de-

cision of the Federal Court of Appeals in San

Francisco enjoining the Coast Guard from relying

on ``secret information" in administering its port

security program. Under that program, ever since

1950, seamen and longshoremen have been screen-

ed as security risks on the basis of "secret infor-

Mation. | ~

Right Of Confrontation Upheld

In the case of Parker v. Lester, however, ina 2 (c)

to 1 decision of the Court of Appeals, the right

to confront and cross-examine one's accusers was

upheld in ringing language. "Obviously," said the'

court, "it would be a simple matter to set: up reg-

ulations which protect' the individual affected in

respect to notice and an opportunity to be heard.

Such a system might make more work for the in-

vestigating officers, and pose more difficulties.

But security proceedings would not be destroyed."

It is reported that the Coast Guard has drafted

new port security regulations to conform with the

court decision, but, thus far, the chairman of the

Security Appeal Board in San Francisco has not

been furnished with any new regulations.

The ACLU has the case of a seaman scheduled

for a hearing on April 3. As this is being written,

the local hearing board doesn't know how to

handle the case and will undoubtedly seek to post-

pone the hearing.

Of course, the Coast Guard could still proceed

under the old regulations since its local officers

have not yet been served with a copy of the injunc-

tion prohibiting them from acting under the old

regulations. But once that order is served upon

them they will face the possibility of contempt

proceedings if they fail to abide by the court

order.

Difficult to Revise Regulations

It is difficult to see how the Coast Guard can

revise its regulations to meet the requirements of

the court, at least not without reorganizing its

program and really starting out from scratch. Its

own confidential files, based principally on FBI in-

formation, would be largely useless since they fail

to disclose the exact sources of information. And,

under the court decision it is not only necessary

to disclose the exact source of the information but

to present the adverse witness for cross-examina-

tion. Of course, the President could withdraw his -

Executive Order and the Coast Guard could then

abandon the Port Security program. That, how-

ever, seems most unlikely.

High School Civil Liberties

Conference Is Huge Success

For two days, 450 high school students gathered

at the Asilomar conference grounds near Pacific

Grove, California to discuss and debate all of the

highly controversial civil liberties issues which

have caused nation-wide concern for the past

decade.

The conference on "Our American Heritage:

Freedom for All" was held by the. American

Friends Service Committee on March 23-25. Ralph

Bunche, of the Secretariat of the United Nations,

flew from New York to address the conference

on "Human Rights and Freedom in the World."

Rev. Harry E. Meserve, minister of the First Uni-

tarian Church in San Francisco and local board

member of the American Civil Liberties Union,

the other principal speaker, spoke on "Individual

Liberty in the United States." The students split

up into small discussion groups after each of the

addresses and engaged in lively debate over such

subjects as loyalty oaths, congressional investiga-

tions, the security and loyalty programs, rights of

communists and many other controversial topics.

"Besides Dr. Meserve, the ACLU had other rep-

resentation at the conference. Three high school

students were given conference scholarships by

the ACLU Marin Chapter, and several received

similar scholarships from our Southern California

branch.

Lawrence Speiser, local staff counsel, headed

one of the discussion groups, and Eason Monroe,

Executive Director of the Southern California

ACLU, and Robert Vogel, Chairman of that Chap-

ter's Board of Directors, headed other discussion

panels. Other discussion groups were led by school

teachers, school counselors, American Friends

Service Committee personnel and representatives

of church and other community organizations.

ne of the speakers noted, as the conference

drew to a close, that its success may be gauged

by the fact that it would not be possible to get 450

adults in the State of California to come together

to discuss civil liberties.

Since the Port Security program went into ef-

fect, the ACLU of Northern California has been

involved in eighty-three cases of seamen and

_ others who have been screened as security risks.

Of these 83 cases, exactly 58 have been favorably

disposed of. In six cases, the worker has either se-

cured other counsel or has abandoned his appeal.

As a result, the ACLU presently has 19 active

Port Security cases.

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In rejecting the Coast Guard Port Security pro-

cedures, the Court of Appeals said, `""The question

is: Is this system of secret informers, whisperers

and talebearers of such vital importance to the

public welfare that it must be preserved at the

cost of denying to the citizen even a modicum of

the protection traditionally associated with due

process ?"

The court noted that its `determination will re-

move from the investigative agencies, to some

degree, a certain kind of information and that, in

the future, some persons will be deterred from

carrying some of these tales to the investigating

authorities. It is unbelievable that the result will

prevent able officials from procuring proof any

more than those officials are now helpless to pro- |

-cure proof `for criminal prosecutions. But surely

it is better that these agencies suffer some handi-

cap than that the citizens of a freedom loving

country shall be denied that which has always

been considered their birthright. Indeed, it may

well be that in the long run nothing but beneficial

results will come from a lessening of such tale-

bearing."

Further Test Avoided

According to a New York Times dispatch, `The

basic reason for avoiding a further test in the

Parker case was apparently a feeling that the

Government was not likely to win in the Supreme

Court. The Parker case presented major diffi-

culties for the Government because it involved

not a Government job, but the right to private

employment.

"The Government always has argued that work-

ing for it is a `privilege, not a right.' From that

position it is contended that the Government

worker is not entitled to the constitutional guar-

antee of `due process'-including confrontation

of his accusers.

"But the courts have often held that private

employment is a right protected by the due pro-

cess guarantee."

Aid To Education Should

Ban Racial Segregation

Federal aid-to-education legislation now before

Congress should include a "clear-cut declaration"

that no federal money will be given to state and

local education systems that oppose the Supreme

Court's decision banning school segregation, the

ee Civil Liberties Union declared last

month. :

Neither the Administration's proposal or the

bill introduced by Sen. Hill, the ACLU said, "calls

for correction of present law or the writing of new

law which would prevent the receiving and use of

federal money by state and local education sys-

tems whose past practice or announced future

policy is in conflict with the decision of the U.S.

Supreme Court banning segregation in the public

schools.

"While the Union understands the importance

of state and local governmental control of educa-

tion, it does not believe that the federal legislature

can adopt legislation which will, in any way, cir- "

cumvent the Supreme Court's decision. It is true

that the Court has not yet decided how its ruling

can be implemented, but it has decided the basic

question, that segregaion has no place in Ameri-

can public schools. The need for a clear-cut de-

claration by Congress on this issue is emphasized

by the various plans that certain states are con-

sidering as a way of nullifying the Court's deci-

sion."

The ACLU also urged that the legislation include

specific safeguards that federal funds will not be

given to "religious denominational schools, which

would contradict the established principle of sepa-

ration of church and state.

"This principle, spelled out in the First Amend-

ment, should be supported anew by Congress...

in considering legislation which may set the na-

tion's education pattern for years to come." |

The civil liberties group suggested that the legis-

lation contain a clearer definition of public schools,

to uphold the separation of church and state prin-

ciple and also "to cover the evasive tactics pro-

posed for maintaining segregated schools. The law

`should state that public tax money is to be used

for public schools."

April, 1956

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

ACLU Launches Drive

For 700 New Members

(Continued from Page 1, Col. 3)

Aliso Way, Menlo Park, is planning a dessert and .

coffee meeting for all members and prospects on

April 19. Lawrence Speiser, staff counsel for

ACLU will speak at the meeting. Goal: 15 members

and $105.

Modesto: Mr. and Mrs. A. P. Hilgeman. Goal:

10 members and $70.

Oakland: Mr. Richard Johnson, Financial Cen-

ter Building, is scheduling a series of personal

visits and telephone calls by members of his cam-

-paign committee to all prospects. Goal: 35 mem-

bers and $235. Palo Alto-Stanford: Ralph Evans,

3808 Laguna Avenue. Goal: 30 members and $210.

Redwood City: Mr. and Mrs. Harry Lewenstein,

379 De Anza, San Carlos, will be hosts to members

and prospects on April 19, from the Belmont,

Woodside, San Carlos and Redwood City area.

Lawrence Speiser, ACLU staff counsel will speak.

Goal: 5 members:and $35.

Richmond: Mr. and Mrs. Joseph Genser, 340

1ith Street, El Cerrito. Goal: 10 members and

$70. Sacramento: Gordon McWhirter, 461 Pala

Way; Goal: 25 members and $175.

San Francisco: Mrs. J. Kahn, 221 Larkin Street,

and her campaign committee, through a series

of personal visits and telephone contacts, and a

cocktail party and reception in May, will enroll

new members. Goal: 175 members and $1225.

San Jose: Mrs. Justin Vanderlaan, 320 Hed-

- ding, is scheduling a meeting April 19, with Ernest .

Besig, executive director of ACLU, as speaker.

Goal: 10 members and $70. Santa Cruz: Dr. Mar-

vin Naman, 1700 Mission. Goal: 5 members and

$35. Santa Rosa: Jack McCormick, 629 Russell

Avenue. Goal: 5 members and $35. Stockton: Rev.

Clifford D. Crummey, 1625 North Lincoln. Goal:

10 members and $70.

San Mateo: Mrs. Norton Benner, 136 Robler

Avenue, is inviting members and prospects from -

San Mateo and Hillsborough to her home for

coffee and dessert on April 23. Lawrence Speiser,

staff counsel for ACLU, will speak.

Post Office Dep't Suffers

Setback in `Confidential' Case

The Post Office Department has suffered an-

other defeat in its campaign to check the contents

of Confidential magazine prior to publication.

Federal Judge Luther Youngdahl recently ruled

that he would not change his injunction order bar-

ring the Post Office from carrying out its "with-

holding from dispatch" order issued against the

publication.

Confidential, which has a reported circulation

of 4,500,000, is published every two months, It

purports to give the inside story on events and

persons of prominence. Several of the stories have

`been criticized as to their accuracy and a number

of libel suits are`now pending against the maga-

zine. The Post Office's "withhold from dispatch"

order last summer had denied use of the mails

until the magazine was reyiewed by the Post Of-

fice.

Judge Allowed Hearing

In his original decision, Judge Youngdahl ruled

that if after publication Confidential was found to

be non-mailable, a hearing in conformity with the

Administrative Procedures Act was to be granted

by the Post Office Dept. and that the magazine

should be allowed the use of the mails unless the (c)

Postmaster General, after proper notice to the

magazine, should obtain an injunction from a fed-

eral district court. What Judge Youngdahl ruled

against in his most recent action was the Post

Office's complaint that his original decision was

inequitable and that the mailability section of the

Post Wffice Dept. cannot operate under it.

Prior to Judge Youngdahl's second ruling, the

American Civil Liberties Union and its anti-cen-

sorship affiliate, the National Council on Free-

dom from Censorship, had requested the Post

Office to reverse its decision to appeal Judge

Youngdahl's original decision.

Criminal Action Always Possible

"As the Post Office Dept. knows, there is a

remedy for dealing with material that is truly

non-mailable. This is to bring action under the

criminal law and have the entire matter decided

in a court of law, where the argument as to the

content and effect of the publication could be free-

ly aired," the ACLU declared.

In supporting the civil liberties principles in

the Confidential case, the ACLU emphasized that

its action should not be considered as support for

the content of the magazine or the kind of journal-

ism it represents.

Headline Hunting Vagrancy Raid Results

In Two Convictions, One Acquittal

Two men were found guilty of vagrancy and

another was acquitted of the same charge in a

South San Francisco jury trial resulting from a

February 19th round-up of alleged sex deviates

at a Sharp Park tavern. All three were represented

by ACLU Staff Counsel Lawrence Speiser. The

raid was headed by San Mateo County Sheriff Earl

Whitmore with great fanfare and was a joint ef-

fort of sheriff's deputies, Army Military Police, al-

coholic beverage control agents and highway pat-

rolmen. ao :

Highty-Seven Arrested

Some 200 persons were forced to go through a

police gauntlet which resulted in some 87 being

arrested on charges of violating the vagrancy law

in being lewd and dissolute persons and commit-

ting acts outraging public decency. Bail for all was

set at $50.00. Suggestions to all of those arrested

were made by law enforcement officers as well as

bail bondsmen, that if they would forfeit bail, all

further proceedings would be dropped.

On March Ist, all of the defendants were sched-

uled for arraignment. Only 57 of the 87 appeared

and the court ordered bai! forfeited for the rest.

Deputy District Attorney Brian Rowson said

bench warrants would not be issued for those for-

feiting bail. "We are treating these rather lightly.

Our main purpose is to stop the operation of the

bar," he said. Six attorneys including Lawrence

Speiser, ACLU Staff Counsel, representing some

30 of the defendants, all entered not guilty pleas

and requested jury trials. All of the trials were

"set for March 26th and 27th over objections of

counsel that this was beyond a 30-day limit

within which misdemeanor cases must be tried.

Bail Reduced

On March 9th, on the Court's own motion, all

of the bails in these cases were reduced, from

$50.00 to $10.00. Many defendants then called

Deputy District Attorney Rowson who told them

that if they would agree to forfeit bail, that his

office would be willing to drop the two charges of

being a lewd and dissolute person and committing

acts outraging public decency, and instead, charge

them merely with disturbing the peace. He assur-

ed them that bench warrants would not be issued

for those forfeiting bail. A few days, before trials

were scheduled to begin, Deputy District Attorney

Rowson called all of the attorneys representing

defendants and relayed a message to them from

South San Francisco Municipal Judge Thomas L.

Bocci, Jr., through Municipal Court Clerk Rich-

ard R. Liberty, that Judge Bocci would grant

ACLU Will Oppose Seizure

Of Communist Party Assets

The national office of the ACLU last month

protested the tax seizure of Communist Party as-

sets throughout the country as smacking "more

of Communist totalitarianism than American

- democracy."

The seizures occurred at the request of Donald

R. Mosey, New York District Director of Internal

Revenue, who claimed the C.P. had neglected to

pay income taxes and failed to file any claim for

exemption. Neither have the Republican, Dem-

ocratic, Socialist, Socialist Workers, Socialist La-

bor, Progressive, Prohibition, ete parties paid in-

come taxes.

The action against the Communist Party is

clearly discriminatory. At the same time, there

seems to be no excuse for a "jeopardy assess-

ment,'-seizure of property without first present-

ing a bill or claim. If there was evidence that the

Communists were disposing of their assets, this'

aspect of the case might be on a different footing.

In San Francisco, the ACLU of Northern Cali-

fornia will support any federal court action to set

aside the local levy on Communist Party property.

ACLU Staff Counsel Lawrence Speiser has been

authorized to represent the ACLU as amicus

curiae if such court proceedings are filed.

The seizure of property to satisfy the claim

against the Daily Worker appears to be on a dif-

ferent footing, because, according to press dis-

patches, the neswpaper did owe back taxes. On

the other hand, as far as can be learned, no seizure

of Daily Worker property was made in Northern

California.

In condemning the Government action, the na-

tional office of the ACLU said: "Certainly the

Government has the right to collect back taxes,

and no civil liberties question is raised by the

Government using proper means of achieving this

objective.

"However, both the timing and method used in

the Government's seizure lead to grave doubts

that the precipitate action was taken for any rea-

son but further harassment of the Communist

party."

summary probation instead of any fine or im-

prisonment in the event any defendants would

agree to plead guilty to disturbing the peace.

The trial of one defendant, set for March 26th,

was set over until April 24th by Judge Bocci in

spite of objections of Staff Counsel. Lawrence

Speiser that this was a month beyond the 30-day

statutory limit for misdemeanor ,trials. By the

next day, there were only 25 cases scheduled to

be heard. Of these, 16 forfeited $10.00 bail each,

four had their cases continued until April 3rd, and

two plead guilty to disturbing the peace and were

granted summary probation by Judge Bocci. The

remaining three were represented by Speiser for

the ACLU in a consolidated trial over Speiser's

objection.

Sheriff Testifies

Sheriff Earl B. Whitmore testified that he had

seen all three men dancing in a lewd and lascivious

manner and stated that he was able to identify

most of the 88 who were arrested and had seen

them engage' in indecent dancing. His testimony

was backed up by Inspectors Pomeroy, Perrara,

and Sgt. Moran of his department. All of the law

enforcement officers testified that they had been

at this bar, known as "Hazel's'", on several prior

occasions and had observed males dancing with

males and had made no previous attempts to make

any arrests. They also testified they had been at

the bar on Sundays and had observed dancing but

had made no attempt to stop it, in spite of a county

ordinance prohibiting dancing on Sundays in pub-

lic places.

' Conflict In Testimony

The Sheriff and his deputies also stated that

_ they had seen each of the three defendants at the

bar on several previous occasions. One of the

defendants, Fred W. Aykens, however, testified

that he had been out of the state for eight months.

and had only returned the night before the bar

was raided, He, together with Randolph Wallace,

were convicted by the jury, although both empha-

tically denied that they had done anything other

than have two drinks at the bar. The only de-

fendant who admitted he was dancing was Har-

land Martinez, who was acquitted. He stated that'

he and a group of friends had done some jitter-

bugging steps and were "fooling around."

_ Validity of Laws Challenged

Speiser challenged the constitutionality of both

laws under which the men were charged, and

Deputy District Attorney Rowson agreed. with

him that there was a serious question of the con-

stitutionality of the charge of outraging public

decency and, prior to trial, moved that that charge

be dropped. The motion was granted.

Sentencing was Set at a date too late to be re-

ported in the NEWS. An appeal will be taken rais-

ing the questions of the denial of due process in- |

volved in the police raid, the ignoring of the sta-

tutory requirement for a speedy trial, and the

constitutionality of the vagrancy law under which

the men were convicted. a

What Price Security Cases?

What effect do security charges have upon -

an alleged security risk? We know he is

threatened with economic disaster, suffers

sleepless nights and hates to tell his friends

and associates that his government regards

him as being disloyal and a possible traitor. -

`Here are two more "effects" as told to the

ACLU by a federal employee who was cleared

and reinstated to his job after being suspend-

ed for almost fifteen months.

"Many people at work shy away from me

and avoid personal contact during coffee -

breaks and lunch. It's a natural situation in

that these people fear losing their jobs. The

indirect intimidation stems from the secur-

ity, or rather insecurity, program and I pre-

sume this is the way its supposed to work.

The program has already wreaked its toll in

slavish conformity to do-nothing and think-

no-evil thoughts.

"I never did tell you about my nine-year-

old boy whom we had to take to the psy-

chiatric clinic and where he was very gener-

ously admitted even though we don't live in

San Francisco, As a result of being shunned

by our neighbors, etc., the boy developed some

aggressive tendencies and his school work

suffered, ete. As a result, he became emo-

tionally disturbed, and needless to say we've

had a lot of trouble with local authorities of

all kinds over the past 16 months. Imever did

discuss this with you because you hear enough

grief as it is. Anyway, he is improving by

leaps and bounds and we hope this too will

come to pass."

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

April, 1956

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 2-4692

ERNEST BESIG 0. oe Bdltor

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

Post Office at San Francisco, California, .

oe under the Act of March 3, 1879.

Subscription Rates-One Dollar and Fifty Cents a Year.

Fifteen Cents per Copy -151 g

OPEN FORUM

An Open Letter to L. B.

Dear L.B.: |

I'm convinced that you are confused, and I wish

to come to your rescue before any more misunder-

standing takes place. You couldn't possibly have

intended to contribute to the Civil Liberties Union

when you sent your three dollars. You must have

had in mind the Daughters of the American Revo-

lution, the Veterans of Foreign Wars, the Amer-

_iecan Legion, or the Ku Klux Klan. I shall be only

too glad to replace your three dollars if you wish

to withdraw the money and contribute it properly.

You see, L. B., the concept of "civil liberties"

means, as nearly as one can state it briefly, equal-

ity before the law-i.e., what the Founding Fathers

meant when they said that `all men are created

equal.'' Needless to say, this refers not only to the

rights of the individual vis-a-vis the existing law

but also to the formulation of new law if it threat-

ens this concept of equality. This is an important,

if hard-to-swallow, doctrine; for the law cannot

then act upon what it thinks an individual believes,

what it suspects an individual may do in the fu-

ture, or what might happen if everyone decided

to act as one individual chooses to act. In the first

case, there is no way of knowing what a person

believes-aside from observing his actions-even

on the basis of his own statement. And, if there

were, history has proven-if it has proven any-

thing-that belief cannot be regulated by law.

In the second case, only God knows what anyone

will do in the future; if we were to be jailed on the

basis of the potential crimes of which we are

capable, there would be no jailers left to watch

the inmates. In the third case, the absurdity is

_ evident if we change your term "conscientious ob-

jector" to "`six-day bicycle, rider'; certainly if

everyone took up bike racing-or sand sculptur-

ing, or an exclusive diet of goat's milk-our whole

political-economic system would fall apart. Yet

do we therefore deny the right of any individual

to choose these "attitudes or beliefs"? _

And what of the Negroes (capital letter, please)

"trying to force themselves into white commu-

nities"? Have you, L. B., ever really examined the

physical and cultural climate of a non-white com-

munity-usually consciously maintained on a low-

expenditure-high-income basis by its white own-

ers? Have you risked the rotten and broken-down

stairways? Have you been subjected to the inade-

quate and unhealthful plumbing and sewage Sys-

tems? (I'm not talking about the Deep South or,

the great metropolises; I'm talking about Berke-

ley, Oakland, or my own town of Modesto.) Have

you speculated upon the lack of playgrounds, de-

cent school structures, library facilities, etc.?

Would you, L.B., be content to live and raise your

children in such an atmosphere for no other rea-

son than that you were born black, yellow, or

brown, rather than a washed-out tannish pink? ,

You say, "My suggestion is to take more care

to give assistance in worthy cases." From your

context you make it quite clear that you want the

ACLU to protect the right of Republicans to agree -

with John Foster Dulles, of young men to. be

drafted into the armed forces (so long as there

are no "questionable security risks" in their fa-

milies), of government employees to have abso-

lutely no opinions except those officially issued to

them by proper authority, and of white people to

move into white communities. Your money would

be better spent somewhere else.-W.C.J.

P.S. I am a white American, a veteran with

seven battle stars and a Bronze Star Medal award-

ed for combat.-W.C.J.

Do You Have Our Number?

As a result of the ACLU's expansion pro-

gram, including the acquisition of a fourth

telephone line, it became necessary to re-

linquish our old telephone numbers in order

to secure four consecutive numbers, Our new

number is EXbrook 2-4692. If that line is

busy, the call is automatically transferred to

the next of our four lines that isn't busy. If

you get a busy signal, you'll know that all

four lines are busy with free speech.

It's EXbrook 2-4692

ACLU Biennial Conference

Struggles With Internal Problems

Marked by a declaration of the national direc-

tor, Patrick M. Malin, subsequently withdrawn,

that he would, with the support of the staff,

recommend abandonment of the ACLU's affiliate

system and establishment of a centralized form of

control, the ACLU's biennial conference held in

Washington, D.C., February 29 to March 4, never-

theless wound up with a new set of By-Laws and

a proposed 60-40 per cent split in the Union's "in-

tegrated" membership income by 1958-1959, The

larger amount would go to the affiliates. (The

split in New York City would be 50-50.) For the

current year, however, the national office would

receive $220,423 of the membership income while

the 21 "integrated" affiliates would receive $156,-

126.

Mr. Malin's bombshell came at the afternoon

meeting of the second day of the conference. `We |

are disheartened by the negative results of the

Finance Commission's work," said the statement,

"and regard as impracticable in the present stage

of our development the now proposed revision of

the Constitution-not so much because of any

particular change as because of the cumulative

effect of all the changes. The federal exeperi-

ment now seems to us to show too' little pro-

mise of success and too much threat of failure.

We therefore finally feel driven to the conclusion

that there should be, instead of that federal ex:

periment, a central organization acting through

its legal and other representatives in the several

sections of the country-with the cooperation of

regional, state and local advisory committees

wherever they can be set up." Mr. Malin also

stated his intention of presenting his resignation

at the next National Board meeting.

The conference requested the staff to withdraw

the statement but it declined to do until it saw

what action the conference took. Then, on the

morning of the last day, Mr. Malin announced that

the statement had been withdrawn and that he

would not resign.

Action Foreshadowed

Mr. Malin's statement was foreshadowed by a

letter which accompanied his proposed By-Law

changes. ``Federalism," said the letter, `will pro-

duce the net minimum of desired results, at this

stage, only: (a) if we are willing to go approxi-

mately as far in distribution of power and action

as the office's constitutional draft goes and (b)

if we are willing to go approximately no farther!

Anything which seems to me a substantial depar-

ture from that line, in either direction, will compel

me to recommend-with the greatest regret, but

with the greatest urgency-the abandonment of

our federal experiment, for the sake of the great-

`est possible net amount of external effect for civil

liberties over the whole country."

As a matter of fact, the proposed constitutional

changes still leave almost complete power in the

hands of the national Board of Directors. The

chief revision would establish an "Interim Com-

mittee" of six, which would meet at least once a

year. The "Interim Committee" would be com-

posed of three representatives of affiliates chosen

by them, one member of the National Commit-

tee and two members of the National Board. (Mr.

Malin proposed a 2-2-2 division of representa-

tives.) The `Interim Committee" would make

recommendations to the national board and would

_also make nominations for the annua! elections of

the National Committee and the national Board of

Directors, but further nominations could be made

Poor old L.B.

Editor: Poor old "L.B." (March '56 ACLU-

NEWS). He or she certainly must be confused.

I suggest that you return "L.B.'s" three dollars

until such time as there is a clarification of terms

and an understanding of what he or she supports,

Enclosed is $3 as a replacement.-R.F.E.

Let L.B, Name His Worthy Cases

Editor: I disapprove of L.B.'s disapprovals.

Boy! L.B.'s letter is as phony a one for the pre-

servation of civil liberties as I've read.

I would call him a civil liberty faker.

He says the communists would deny others

civil liberties and he tries to leave the impression

he thinks that wrong and then in the next sentence

he wants to deny them their rights.

But like all of these "great'' phony civil liber-

tarians, he, too, won't stop there. Then its the

conscientious objectors, and questionable security

risks and Negroes and I'm sure he can think of

others. |

He utters a "great" sounding phrase like lets

give assistance to worthy cases and then fails to

tell what he considers a worthy case.

It's not too hard to figure his purpose, it seems

to me. He'd like to make the ACLU another reac-

tionary organization. I ask L.B. to name some

of his worthy cases.-E.J.V.

- by petition by any five members of the Board, ten

members of the National Committee or any fifty

individual members.

To most observers, it appeared that financial

disagreements were the real cause of Mr. Malin's

threat to recommend abandonment of the affiliate

system. Since the finances of the ACLU of North-

ern California are not integrated with those of

the national office, its representative at the con-

ference was merely a spectator to the controversy.

Jeffrey E. Fuller, the national membership di-

rector, forecast failure of the new financial plans,

and the Executive Committee of the Ohio Civil

Liberties Union, disappointed at the decreased al-

lotment for their branch, since the close of the

conference, has protested that "to reduce all af-

filiates to the same percentage level as the Com-

mission's plan tries to do is to reduce the ability

of the Union to concentrate its funds according to

need and opportunity." It has, therefore, urged

the National Board to reject the financial plans

adopted by the biennial conference.

No Financial Integration For No. Calif. |

Last May, when Mr. Malin visited the Bay Area

he discussed financial integration with the local

board and undertook to submit the working de-

tails of three proposed plans, including a local

proposal to pay a per capita tax or percentage of

income to finance national operations. Those plans

have never been submitted. Instead, at the close

of the biennial conference, Mr. Malin suggested

to the local director that the subject of financial

integration be dropped. Consequently, competition

for funds between the local branch and the na-

tional office will continue in the immediate future.

For the fiscal year ending last January 31, the

national office raised $11,215 in Northern Cali-

fornia. During the current fiscal year, it expects

to raise $12,897.

One difficulty with the ACLU is that it is ex-

periencing growing pains. It is like a city that

grew without a plan. In a short period of six years,

it has more than trebled its membership and in-

come, and more than doubled the number of its

affiliates. Many of these affiliates are small and

weak. This expansion has produced organizational

and financial problems which take up a tremen-

dous amount of the Union's time and energy.

Nevertheless, anyone who attended the bien-

nial conference could not help but be impressed

with the high caliber and devotion to the cause of

freedom of the men and women connected with

the affiliates and the national office. The ACLU,

by and large, is doing a commendable job on very

limited funds. It still faces serious internal prob- .

lems. Since this is a membership organization; it |

seems only proper that a report on these problems

should from time to time be made to the mem-

bership.

Recommendations Before National Board

The recommendations of the biennial conference

have recently been considered by a committee of

the national Board of Directors. That Board is

scheduled to act on the recommendations at its

meeting of April 2nd.

The ACLU of Northern California was rep-

resented at the conference by its local executive

`director, Ernest Besig, and, during the constitu-

tional discussions, by Dr. Alexander Meiklejohn.

The latter served on a special constitutional com-

mission authorized two years ago but which was

not put to work until two days before the con-

ference opened. Indeed, it appeared to many at

the conference that a lot of the headaches might

have been avoided if the national office had not

delayed the preliminary conference work on the

constitution and finances until the last minute.

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

pe ee ae. for current year. (Types of mem-

bership: Annual Member, $5; Business and Profes-

sional Member, $10; Family Membership, $25; Con-

tributing Member, $50; Patron, $100 and over.

Membership includes subscription to the "American |.

Civil Liberties Union-News" at $1.50 a year.).

2. 1 pledge $.......:. per month... On $22! per yr.

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

Per Year). ee ee eee

Enclosed please find SS Bee Please bill

Street Se ees

City and Zone ne see ee

Re oe eee ee (c)ccupation. = =