vol. 26, no. 6
Primary tabs
and
the surety.
American
Union
Volume XXVI
Civil Liberties:
San Francisco, June, 1961
Appellate Department Decision
Increasing Bail -
To Prevent Jury
Trial Outlawed (c)
The Appellate Department of the Superior Court of Con-
tra Costa county last month reversed the conviction of William
J. Linhart, Sr. whose demand for a jury trial in a traffic case
resulted in his being informed that his bail would be increased
from $11 to $263. Linhart said he couldn't post the increased
bail and, in consequence, was
tried. and found guilty of the
charge by the court without a
jury.
Cost to County
"The increasing of bail was
stated by the Court to be on the
grounds that if a jury was sum-
moned and the defendant did not
appear it would. cost the. county
two or three hundred dollars,"
' the appellate court said in its
opinion. "The defendant stated
he could not afford this amount
of bail and would therefore be
tried by the Court. ... It is the
contention of the defendant that
he was deprived from having a
jury trial. We agree with this
contention." .
Sole Purpose Of Bail .
The court pointed out that,
"The sole purpose of bail in
criminal cases is to ensure the
personal attendance of the de-
fendant on the court at all times
when his attendance may be law-
fully required..There should be
no suggestion of revenue to the
government, nor punishment to
. "After a defendant has been
admitted to bail the bail should
only be increased where good
Appellate Court
Refuses Relief .
In Turrieta Case
The final chapter was written
_in the case of Lucy Turrieta,.
mother of four children born out
of wedlock. Last month, the Ap-
peilate Department of the Supe-
rior Court of Contra Costa coun-
ty upheld the refusal of Judge
Michael J, Gatto of the Pittsburg
Justice Court to allow Mrs, Tur-
rieta to change her plea from
guilty to not guilty, to arrest
judgment because of lack of. ju-
risdiction and to withdraw the
order revoking her probation.
Mrs. Turrieta was charged with
petty theft for failing to report
the Mexican address of the father
of one of her children thus fail-
ing "reasonably to cooperate"
with the District Attorney in his
attempt to enforce the support
obligations of the father.
Mrs. Turrieta was also charged
with a second count involving
failure to report one month's in-
come of a common law husband.
Mrs. Turrieta was scheduled to
surrender on May 26 to start
serving six months in the county
jail. H. LeRoy Cannon, of Pitts-
burg, who, along with ACLU
Staff Counsel Marshall Krause,
represented Mrs. Turrieta, said
he would ask the court either to
place Mrs. Turrieta on probation
or to discharge her on the basis.
of the time she has already
served. Se
"Operation Abolition"
And the Birch Society
Questioned on "Meet the Press"
as to the main accomplishment of
~ the John Birch Society, Robert
Welch, head of the organization,
told a television audience on May
_ 21 it was responsible for "thou-
sands" of showings of "Operation
Abolition" and a film, "Com-
munism on the Map."
cause is shown," the court went
on to say. "The only cause sug-
gested for the increase by the
Judge was the possible financial.
loss to the county. Under the
cases this does not appear to be a
proper reason for increasing the
bail. If Eleven Dollars bail was
sufficient in the opinion of the
Court to ensure the defendant's
presence at a court trial it should
be sufficient likewise to ensure
his presence at a jury trial."
Attorney General's Opinion
The court also expressed agree-
ment with the conclusion of the
Attorney General expressed in an
opinion "that the Court would be
abusing its discretion if the sole
fact considered in re fixing bail
was the fact that a defendant
sought a jury trial."
The appeal was handled by
ACLU Staff Counsel Marshall W.
Krause. Now that Linhart has
been assured a jury trial for his
traffic offense, the ACLU has
withdrawn from the case.
Rabbi Fine
Suffers A
Heart Attack
Rabbi Alvin I. Fine of Temple
Emanu-El, San Franciseo, and
Chairman of the Board of Direc-
tors of the ACLU of Northern
California, on May 18 suffered a
heart attack and is now hospital-
ized at Mt. Zion Hospital. Rabbi
Fine, 44 has served as ACLU's
chairman since February 1, 1960.
Except for one year's absence
when he was in Europe, Rabbi
Fine has been a member of the
board since 1954,
@ | Number 6
Lawyers Comm.
Presents Church
State Expert
The Lawyers Committee of the
ACLUNC ig having a luncheon
for Leo Pfeffer, general counsel
of the American Jewish Congress
and nationally known authority
on Church and `State, June 6,
Tuesday, 12:00 noon, at the Pig 'n-
Whistle Cafe, 621 Market.
Mr. Pfeffer recently served as
chief counsel in.a trial in Miami.
(Florida), which received nation-
wide attention, involving the
issue of religion in the public
schools. He is the author of
Church, State and Freedom, one
of the basic works in the field.
At the June 6 luncheon, open
to the public, he will talk on
"Education and Religion." Per-
sons interested in attending may
call EX 2-4692 for reservations.
The price of the lunch is $1.75,
not including a tip. - ;
Supreme Court
Refused Review
In License Case
On April 24 the U. S. Supreme
Court refused to review a decision
of the FCC requiring William C.
Cronan of San Francisco to file
a non-disloyalty oath when he
sought to renew his radio opera-
tor's license.
The Commission asked him to:
answer under oath questions with
respect to his membership in the
Communist Party or any group
which advocates overthrow of a
government of the United States
-by force or violence. Cronan re-
fused to answer the questions
and, after a hearing, the. Com-
mission dismissed his application .
for a license because of his failure
to comply with its request.
The refusal was upheld by the
U. S. Court of Appeals for the
District of Columbia last Decem-
ber 8. That court rested on a
decision made in a similar case
last June 30, wherein it held that
the Commission has statutory and
constitutional authority to ask
these questions. It said that the
. Commission has this power even
in the absence of an announced
rule. 8
In Washington the case was
handled for the ACLU of North-
ern California by Lawrence
Speiser, former local staff coun-
sel, and Miss Shirley Fingerhood
of the New York bar,
July 9 New Date for Marin
Pot-Luck and Roosevelt
_ The Marin Chapter of the American Civil Liberties Union
hopes to offer a double-header at their Eighth Annual Pot-
luck Dinner at the Kent Estate, Kent Woodlands, Sunday,
July 9.
Not only will the Hon. James Roosevelt, leading Con-
gressional opponent of HUAC,
speak but also it is expected that
"Operation Correction," will be
shown.
"Operation Correction"
"Operation Cofrection is the
film "Operation Abolition" with
corrected narrative which points
out the mendaciousness of the
HUAC story. :
Because of Mr. Roosevelt's
schedule and a specific assign-
ment from the White House, the
change in date from June to
July 9 was necessary. Those who
`come for the pot-luck dinner and
the preceding cocktail hour are
asked to arrive by 5:30 p.m.
Program Starts Promptly at 8
The program will start prompt-
ly at 8 p.m., as Mr. Roosevelt
who must catch a plane later in
the evening is interested in view-
ing: "Operation Correction." It
will be held in the usual outdoor
area and it is urged that the
audience bring jackets, stoles,
sweaters, etc., as after dark Kent
Woodlands may become chilly.
The Sunday affair is expected
to have a larger audience than
ever before because of the wide-
spread interest in the HUAC
film and its corrected edition,
which will be presented to the
public for the. first time with
honest narration.
What To Bring
- Those coming for the pot-luck
dinner whose last names begin
with letters A to N are asked to
bring a hot dish; those 0 to Z, a
salad; portions' to serve three
times the number in the party.
The chapter will furnish ice
-eream and coffee.
There is an admission-dona-
tion of $1.50 per person and 75c
for students.
Sali Lieberman, chairman of
the affair, and Milen Dempster,
chapter chairman, stress that
promptness in timing must be
observed this year and the "fash-
ionably late" may be disappoint-
ed by missing a portion of the
program. :
First Amendment Case
The: U. S. Court of Appeals in San Francisco on May 8
upheld the conviction of Louis Hartman in 1959 for contempt
of Congress. On June 19, 1957, Hartman, resting on the First
Amendment to the Federal Constitution rather than the Fifth
Amendment, refused to answer seven questions of the House
Committee on Un-American Ac-
tivities at its hearings in San
Francisco. He was indicted on
seven counts and, in a trial with-
out a jury, found guilty of- all
counts. Hartman was sentenced
to six months imprisonment on
_ each count, the sentences to run
Drive Brings
New High in
Membership
Under the skilled direction of
chairman Mrs. Zora. Cheever
Gross, the annual membership
. drive of the ACLU of Northern
California has again brought the
membership figures to record-
breaking heights,-4826 on May
23 and the total should be over
the 4850 mark by the end of May.
This compares with a figure 4498
on May 31, 1960,
612 New Members
The drive started on April 3
and by May 17, 612 new members
and 58 new subscribers to the
monthly NEWS had been en-
rolled,
' Some areas have made remark-
able strides, more than. doubling
their membership. For example,
under the dedicated leadership
of Mrs. Joseph W. Smart, Napa
has added 14 new members and
`Yeached a total membership of
29. In Stockton, sparkplugged by
David Rothkop, 34 members were
secured for a total membership
of 58, And, in Modesto, under the
chairmanship of! Mrs. Paul
Couture, 15 new members were
signed up, thereby raising their
total to 29. (Results in Modesto
are stimulating serious thoughts
of forming a chapter in Stanislaus
county.)
Davis, Fresno and Sacramento
Other areas making outstand-
ing showings in the membership
drive are: Davis, under the deter-
`mined leadership of Lee Watkins,
with 22 new members for a total
of 88; Fresno with 30 new mem-
bers and a total membership of
64; and Sacramento, where the
official drive does not get under
way until fall, with 31 new mem-
bers, for a total of 139. Although
Davis and Sacramento have an
established tradition in develop-
ing understanding and support
for civil liberties, Fresno is
virtually virgin territory, first
_ pioneered on any scale by Robert
L, Smith, who this year initiated
the campaign with a strong, ef-
fective personal and public rela-
tions program.
Although the drive is now
drawing to a close, several areas
are still operating in full swing,
-including Berkeley, Richmond
and the mid-Peninsula chapter.
The Marin chapter is building up
to its big annual event, the by-
now famous potluck supper, on
July 9. -
Results in Other Areas
Every one of the 29 area
membership committees is having
its say in giving new strength to
the ACLU, The four new mem-
bers each in Butte and Humboldt
counties, the 98 in Berkeley, the
nine in Monterey, the 16 in Oak-
land, the 10 in Redwood City, the
14.in Richmond, the 100 in San
Francisco, the 13 in San Jose
(where there is talk of forming a
Santa Clara Valley Chapter), the
17 in San Mateo, the 19 in Santa
Cruz and the four in Walnut
Creek-each one means a new
important voice for ACLU and
civil liberties, -J HH,
- Speaker
` concurrently, and to pay a fine of
$100 on the first count. 5
"Radio Broadcaster
Hartman, who worked for CBS.
as a radio broadcaster under the
professional name of "Jim
Grady," has been free cn bail
pending the appeal of his convic- -
tion. A further appeal will be
taken to the U.S. Supreme Court.
`The court's unanimous decision
was postponed until the decisions
of the U.S. Supreme Court in the
Braden and Wilkenson cases were -
handed down on February 27. "In
our view," said the court, `all
questions raised by appellant in
this case were settled in such
cases adversely to the contention
of the appellant in this ease ex-
cept three."
Three Questions
The three remaining questions"
involved 1. the alleged unauthor-7
ized televising of the hearing; 2.
the compulsory attendance of
Hartman before the committee
"without probable cause for be-
lief by the committee that ap-
pellant possessed information
which might be helpful to the
subcommittee in the course of its
hearings;" and, 3, the refusal of
the court to compel the attend-
ance of certain witnesses and
the production of certain docu-
ments. ;
Televising
With respect to the televising
of the hearings, the court said it
wasn't convinced there was a
House rule prohibiting such tele-
vising, although the Speaker of
the House during previous ses-
sions of the Congress had so in-
terpreted the rules. But, assum-
ing the existence of such a rule
for the Highty-fifth Congress, the
court was not convinced that the
"intended a violation
thereof would invalidate House
or committee proceedings." The
court also suggested that the
objection to televising should
have been raised by Hartman at
the Committee hearings.
Probable Cause
With respect to the -second
objection, that the Committee had
no reasonable ground to eall
Hartman as a witness, the court
recognized that a Committee's
subpoena power "is not unlim-
ited. However, there is a paucity
of authority on this point." Once
again, however, the problem was
_disposed of by the declaration
that Hartman failed to raise any
objection at the hearings. "We
believe that in this case," said
the court, "the government was
not required to offer evidence on
the subject of probable cause in
order to establish a prima facie
_ Case against the appellant, for the
reason that at the time of ap-
pellant's appearance before the
committee he made no objection
on any ground to his compulsory
appearance. His objections were
directed solely to the authority
-Continued on Page 3
In This Issue...
ACLU Protests Banning of
Talk by Malcolm X .... p.
ACLU Revises Policy on
Church and State Issues .. p.
Fabrication P
Government Drops
Powell Sedition Case ... p
San Jose Movie Censorship . p
Special Faculty Comm. to
Review Punitive Grade .. p.
Pp
ce eee ere oe ee
BAN NW WwW
State Supreme Court
Rules Against Seizures . .
6b
Fo
AMERICAN CIVIL LIBERTIES UNION NEWS
Published by the American Civil Liberties Union of Northern California |
Second Class mail privileges authorized at San Francisco, Calif.
ERNEST BESIG. . . Editor
503 Market Street, San Francisco 5, California, EXbrook 2-4692
Subscription Rates-Two Dollars a Year
Twenty Cents Per Copy
Board of Directors of the American Civil Liberties Union
of Northern California
CHAIRMAN: Rabbi Alvin I. Fine Los
VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz
SECRETARY-TREASURER: John W. Fowle.
EXECUTIVE DIRECTOR: `Ernest Besig
Philip Adams.
Theodore Baer oo
Prof. Arthur K. Bierman
Rey. Canon Richard Byfield ~ _
Prof. James R. Caldwell
.- William K. Coblentz
Richard De Lancie
John J. Eagan
Samuel B. Eubanks
Howard Friedman
Prof. Van D. Kennedy
John R. May
Lloyd L. Morain
Prof. Charles Muscatine.
William M. Roth
Prof. Nevitt Sanford
Rev. Harry B. Scholefield
Mrs. Alec Skolnick -
Mrs. Martin Steiner -
Gregory S. Stout
Donald Vial
Harold Winkler
GENERAL COUNSEL
Wayne M. Collins |
Rev. Oscar F. Green
Zora Cheever Gross
Rey. F. Danford Lion
Committee of Sponsors _ 4
"Prof. Theodore Kreps
Prof. Carlo. Lastrucci
Norman Lezin
Prof. John Henry Merryman
Hon. Clem Miller
Rev. Robert W. Moon
Dr. Marvin J. Naman
Prof. Hubert Phillips
Prof. Wilson Record
Dr. Norman Reider
Prof. Wallace Stegner
Mrs. Theodosia Stewart
Mrs. Kathleen D. Tolman
Rt. Rey. Sumner Walters
Stanley Weigel
Franklin H. Williams
Honorary Treasurer:
Joseph M. Thompson
Honorary Board Member:
Sara Bard Field
Mrs. Gladys Brown
Mrs. Paul Couture
Joseph Eichler
Morse Erskine
Dr. H. H. Fisher
Mrs. Margaret C. Hayes.
Prof. Ernest Hilgard
Mrs. Paul Holmer
Mrs. Mary Hutchinson
Richard Johnston
Roger Kent
Mrs. Ruth Kingman
Government Drops
Powell Sedition Case
The five-year-old sedition prosecution of John W. Powell,
his wife, Sylvia, and Julian Schuman came to an end last
month when the Government dismissed the charges.
The charges were based solely on their published reports
and comments with regard to the Korean War. These state-
- gally is
ments appeared in the "China
Monthly Review" an English-
janguage periodical published in
Shanghai, China.
The Indictment
The indictment charged, among
other things, that during 1950-
1953 the defendants published in
the magazine statements that
United States forees in Korea
were engaged in aggressive acts;
that they used the Korean fight-
ing as an opportunity to test gas
and bacteriological weapons; that
United States forces had suffered
certain numbers of casualties;
and that the Korean truce talks
were
sabotaged by United States nego-
tiators.
The indictment also charged
-that statements were made crit-
icizing the U.S. government and
that of Chiang Kai-Shek, criticizing
US. foreign policy, defending the
communist governments of China
and North Korea, and stating that
the latter were merely defending
their homelands.
ACLU Statement
The ACLU of Northern Cali-
fornia in a statement issued De-
eember 6, 1956 declared that -
"this prosecution presents a se-
rious threat to fundamental liber-
ties, particularly freedom of the
press and fair trial.' The ACLU
promised to intervene in the case
on an appeal, if the defendants
were convicted.
Free Press Issue
The ACLU statement. declared
that "If the sedition statute may
be applied to the Powell state-
ments, it may, by the same token,
be applied to any statement, which
might have an adverse effect on
the morale of the general public
in wartime. Any statement ques-
tioning. the justice or necessity
of a war, or criticizing war aims, :
the conduct of a war, or the com-
petency or good faith of govern-
ment leaders in war-time, might
have such an affect. Editors can-
not be expected to publish any- -
thing which differs from the of-
ficial view, if they can do so only
by risking 20 years imprisonment
ACLU NEWS
June, 1961
Page 2
intentionally stalled and _
if a jury, possibly swayed by the
passion and intolerance of war-
time, should make an adverse
finding as to the editor's `intent'."
_ Fair Trial Imposible
The ACLU ,also argued that
"the Powell indictment requires
a jury to pass on issues which,
in the nature of the case, cannot
be fairly tried. ... . The defend-
ants' side of the case cannot
be presented without voluminous
evidence from foreign countries
which is beyond the reach of the
court's subpoena power... . Above
all, the jury will inevitably feel
that an acquittal of the Powells
would be interpreted as convict-
ing the United States of aggres-
sion and germ warfare. This puts
irresistible pressure on them: to
convict the Powells whether the
evidence justified it or not."
The Powells and Schuman pres- .
ently reside in San Francisco.
Civil Liberties
Course at U.C.
Extension in S.F.
University of California Exten-
sion will offer an evening course
for adults in "Freedom of Speech
and Religion in Theory and Prac-
tice" this summer in San Fran-
cisco.
The class will meet on Wednes-
day evenings, begining June 21,
from 7:30 p.m. to 9:30 p.m. in
room 208 Richardson Hall, U. C.
Extension Center, 55 Laguna
Street San Francisco. The fuition
fee is $20. The basic text will be
Osmond K. Fraenkel's `The
Supreme Court and Civil Lib-
erties."
The course will be conducted
by Ephraim B. Margolin, West
Coast staff counsel for the Ameri-
can-Jewish Congress. Class ses-
sions will be devoted to a dis-
cussion of fundamental rights
within the changing scene of
American politics,
Further information and ap-
plication for enrollment may be
obtained from University Exten-
sion, University of California,
Berkeley 4, California. Visitors
are welcome to attend the first
meeting of the class on June 21,
Modesto ACLU
Meeting Hears
Nathaniel Colley
Highlighting this year's drive,
the ACLU membership committee
in Modesto held a meeting on
April 28 that crowded Grace
Davis High School with well over
200 persons. Speaker of the eve-
"ning was Nathaniel S. Colley,
Sacramento attorney and mem-
ber of the California State Board
of Education, who discussed "Due
Process-a Triumph of Western
Civilization."
Best Weapon
Warning that while due process
"Gs the best weapon in the world
struggle for men's minds, it must
be pure to be meaningful," he
saw. danger signs in current
practices of illegal seizure; self
-incrimination and denial of rights
because of race, color or ereed.
On the plus side, he `praised the
recent State Supreme Court deci-
sion that evidence obtained ille-
inadmissable and the
Fifth Amendment as a protection
for the innocent. On the minus
side, he pointed to the economic
reprisals taking place against
witnesses reluctant to testify be-
fore investigating committees and
uneonstitutional segregation prac-
tices. To withhold a teacher's (c)
credentials for remaining quiet at
an inquiry, he said, is tantamount
to depriving him of his livelihood
for excercising his civil rights. On
segregation, he emphasized at
length, what the underdeveloped
countries of the world see fore-
most is "that the Bill of Rights:
hasn't worked." :
Education Not Enough
Mr.- Colley concluded his ad-
dress. with the assurance that
something can be done to retain
justice in this country "but it
won't be handed you on a silver
platter. The whole trouble is,
we're lulled into a sense of
security. We think the problem
will be solved by some vague
process called education. People
being denied rights will not listen
to arguments about time."
Chapter May Be Formed
The audience's enthusiasm and
the effective work of the member-
ship committee found direct ex-
pression in ACLU's membership
jumping 100 per cent in the
Modesto area. This development
has led to serious consideration
of forming an ACLU chapter in
Stanislaus County. Mrs. Paul
Couture, membership chairman,
and a steering committee are
examining this possibility. Mem-
bers of the committee are: Paul
Rivers, Arthur Davis, Irvin Bur-
chell, Loretta Gibson, Virginia
Bubka, Nathan Cohen, Lionel
Williams and Ross Sargent.
(c)
Alan Barth's
HUAC Pamphlet
Now Available
The ACLU office has available
a supply of the excellent Public
Affairs pamphlet by Alan Barth,
- "When Congress. Investigates." It
is a concise aceount of the legis-
lative power of inquiry, its his-
tory, usefulness, and its limita- -
tions. Cost, 25c.
The ACLU office also has avafl-
able a supply of "Let's Look at
the Facts," an analysis of the in-
accuracies and distortions of
"Operation Abolition,' by Rev.
~ Robert W. Moon of Fresno, re-
printed from the March 22, 1961
issue of "The Christian Century."
Copies of this reprint are free
but send 5c for postage and
handling charges.
Also available are the follow-
ing publications concerning
HUAC:
1. The Dragon Slayers. Con-
gressman James _ Roosevelt's
Speech in Congress. 10c per copy.
2. Why Should Congress Abol-
ish the House Un-American Acti-
vities Committee? A 4page
ACLU leaflet. 5cent per copy.
3. A Movie With a Message. A
reprint of a 1-page article on the
"Operation Abolition" film, by
Paul Jacobs, which appeared in
The Reporter Magazine. 5c per
copy. :
4. Guilt by Subpoena. A re-
print of an article by Patrick
Murphy Malin which appeared in
Fabrication
Another major distortion in the film Operation Abelition
has now been firmly nailed down. The movie was put together
by the House Committee on Un-American Activities by select-
ing and rearranging film clips taken at the time of the student
riot in San Francisco just a year ago. It purports to show that
`the riot was instigated, organized and led by Communists-
a favorite theme of the Committee which seems to feel that
all criticism of its own activities is necessarily Communistic.
In the course of the film, the Committee announcer, or nar-
rator, says:
One student provides the spark that touches off the
violence when he leaps a barricade, grabs a police of-
ficer's night stick, and begins beating the officer over
the head. = 3
_ A great many people have wondered why none of the
newsreel cameras recorded this interesting incident and why
it was not shown in the movie. The answer appears to be that
the incident never occurred. The student accused of assault-
ing the officer was tried before a jury of 12 in San Francisco;
and after hearing all the evidence the jury came in on
Wednesday with a verdict of acquittal. In point of fact the
Committee version of what happened was not supported even
by the testimony of prosecution witnesses.
In addition to Operation Abolition, the Un-American Activ-
ities Committee published a report on the student riot by J.
Edgar Hoover, director of the Federal Bureau of Investiga-
tion. The same canard is contained in this report. Mr. Hoover's
account is in almost identical language: |
One of the demonstrators provided the spark that
touched off the flame of violence. Leaping a barricade
_ that had been erected, he grabbed an officer's `night |
stick and began beating the officer over the head.
Whether Mr. Hoover got the story from the Committee or
the Committee got the story from Mr. Hoover makes little
difference. It,appears none the less to have'been in error.
Such errors of fact-exaggeration of student misbehavior or
exaggeration of the participation of Communists-can lead,
as we believe they did in this case, to grossly erroneous con-
clusions. .
_ Let us try once more to set the record straight. Students
in and around San Francisco engaged in an entirely legitimate
political demonstration against the Un-American Activities
Committee. The demonstration got out of hand-in some
degree because of the Committee's own conduct-and the
students became noisy and unruly. The police, reacting with
more force than patience, turned fire hoses on them.
The result was a riot. But though some Communists may
have been among them and though the behavior of the stu-
dents may have been reprehensible, communism had no more -
to do with the origin of this case than with a springtime panty
'Yaid on a girls' dormitory or the uprooting of a pair of goal
posts at a football game-Editorial, The `Washington Pest,
' May 5, 1961.
Obscene Book Raid
State Supreme Court
Rules Against Seizures
The California Supreme Court last month ruled that
police had violated the search and seizure provisions of the
_ State Constitution last September 16 in virtually cleaning out
the offices of a Fresno firm accused of publishing and dis-
tributing obscene books. The eight-hour raid was conducted
by police officers of Fresno: and
Alameda counties, acting under
the general direction of Deputy
District Attorney Ahern of Ala-
meda County.
No Meaningful Restriction
The. warrant listed 19 cate-
gories of things to be seized, in-
cluding checks check stubs, can-
celed checks, check books and
bank statements, mailing lists, in-
come tax returns and "Any and
all other records and parapher-
nalia connected with" the busi-
ness of the corporation: `The
various categories, when taken to-
gether," said the court-in a.unan-
imous decision, "were so sweep-
ing as to include virtually all
personal business property on the
premises and placed no mean-
-ingful restriction on the things to
be seized. Such a warrant is sim-
ilar to the general warrant per-
mitting unlimited search, and has
long been condemned." ~
Search and Seizure Provision
The search violated Article I,
section 19 of the California Con-
stitution which reads, "The right
of the people to be secure in their
persons, houses, papers, and ef-
fects, against unreasonable seiz-
ures and searches, shall not be
violated; and no warrant shall
issue, but on probable cause, sup-
ported by oath or affirmation,
particularly describing the place
to be searched and the persons
and things to be seized."
The court ordered everything
except copies of "Sex Life of a
Cop" and "Joy Killer" to be :re-
the January, 1961 issue. of The
Progressive magazine. 5c per
copy.
turned to the Fresno court of
Municipal Judge Dan D. Eymann
who may refuse to return any
of the property which he regards
as being obscene.
Probable Cause
Seizure of the two books was
. upheld*on the ground that "there
was probable cause for believing
that they are obscene. An aver-
age person, applying contempo-
rary community standards, could
reasonably believe that their
deminant theme appeals to a
lascivious, shameful and morbid
interest in sex, and that they
are totally lacking in redeeming
value, literary or otherwise." The
question of obscenity, however, is
for a jury to decide.
Judge Acted Improperly
All of the seized records were
removed to Alameda County and
used to obtain a grand jury in-
dictment October 25, 1960, accus-
ing seven persons of conspiring
to violate the State obscenity law.
On this point, the opinion said
that Alameda County Superior
Judge Charles Wade Snook acted
improperly when he ordered the
seized property taken to Alameda
County before a hearing could be
held in Fresno to determine the
legality of its' seizure.
The seizure was attacked by
Sanford A. Aday, of Fresno, pres-
ident of Sunset Enterprises, par-
ent company of the publishing
firms, and other officers and dis-
tributors.
Communist Plot
Both Alameda County District
-Continued on Page 3
University of. California
janning
CLU Pre tests
of Talk
By Malcolm X
The American Civil Liberties Union charged last month
that banning of a talk on the University of California campus _
by Malcolm X of the Black Muslims on alleged constitutional
grounds perverts the meaning of the law and is a sham.
Basis of Ruling
The University's ruling rested
on a section *of the Constitution
which requires it to be "entirely
independent of . . . sectarian in-
fluence," as well as regulations
prohibiting the use of University
facilities "for the purpose of re-
ligious worship, exercise or con-
version."
Subterfuge
The ACLU said it "actively
supports Constitutional provi
sions for separation of Church
and State and would be the first
to oppose the use of public
property for religious purposes.
The invocation of that doctrine
by the University," the ACLU
went on to say, "is nothing more
than a subterfuge to bar. dan-
~ gerous ideas from the campus,
and belies its recent claims that
it `is not engaged in making ideas
299
safe for students. a
Discriminatory Ruling
The ACLU also charged that
the ruling by Vice Chancellor
Adrian Kragen, concurred in by
Acting Chancellor Edward E.
- Strong, is discriminatory because
other religious leaders have
"spoken on non-religious topics on
the campus without the claim
being made that their appear-
ance had anything to do with
religious conversion.
Pre-Judgment
. .Viee Chancellor Kragen's ex-
planation to the ACLU that Mal-
colm X's speech would be re-
ligious because this is always the
nature of his''speeches was con-.
demned by the ACLU as an ex-
pedient pre-judgment and prior
restraint. "We think the banning
of the talk is evidence that re- .
sponsible University of Califor-
nia officials are scared and have
retreated from President Clark
Kerr's recent declaration that the
University `permits the freest ex-
pression of views before the stu-
dents.' "
Malcolm X had been invited to
speak before the student chapter
of the NAACP at the Univ. of
California. He was scheduled to
speak on a non-religious topic.
Previously, Bishop James Pike,
Billie Graham, Rabbi Alvin I.
Fine and Rev. Roy Nichols have
been allowed to speak on. the
campus.
161 Faculty Members Protest (c)
Cancellation of the permit
caused 161 members of the facul-
ty to send the following petition
to Chancellor Strong:
"We the undersigned members
of the faculty of the University
of California at Berkeley believe
that the decision to withdraw ap-
proval for a speech on campus
by a spokesman for the Black
Muslin Brotherhood was contrary
te the spirit and letter of the
eurrent University Regulation on
the use of the University facili-.
ties and the interpretation of
that Regulation by President
_ Clark Kerr before the special meet-
ing of the Representative As-
sembly on November 23, 1959. It
is particularly difficult to recon-
eile this decision with President
Clark Kerr's admirable Charter
Day statements of University
policy concerning freedom of dis-
cussion on campuses. We there-
fore strongly urge that you re-
eonsider the decision made in
your Office and we would hope
that as a result of such recon-
sideration the student group con-
cerned be given an opportunity
to hold its meeting at a later
date."
Chancellor Strong's Position.
In answering the faculty mem-
Chancellor Strong rested
"1. It was
bers,
mainly on two points:
acknowledged that the Black.
Muslim movement is religious,
that the Brotherhood is a reli-
gious sect, that Malcolm X is a
minister of this sect, and that
the sect is properly characterized
as evangelical in its purpose,
that. it seeks converts and is en-
gaged in proselytizing.
"2. The sponsors of the. re-
quest for appearance on campus
of Malcolm X believed that they
had, and could give, firm assur-
ance that his talk would be non-
sectarian. Given, however, the
undisputed characterizations of
sect and spokesman set forth
under Point 1 above and the ab-
sence of arrangements essential
to protect the University from
charges of involvement in sec-
tarian religious activities in a
partisan way, I held that I could
not, in conscientious discharge of
my administrative responsibility,
approve the request."
How It Works
In other words, Chancellor
Strong is saying that he will de-.
cide whether or not a clergyman
who is invited to speak on cam-
pus on a non-religious topic will
stick to his subject. If he doesn't
think he will, then the speaker
is barred.
One can only speculate as to
the "arrangements" which would
satisfy the University it was pro-
tected `from charges of involve-
ment in sectarian religious activ-
ities in a partisan way." Possibly
the Chancellor is suggesting that
they will require prepared texts
from certain speakers. Of course,
that would involve the University
in censorship.
The ACLU's Executive Direc-
tor was scheduled to meet with
Chancellor Strong on May 26 to
discuss the Malcolm X ease and
related matters, too late to be
reported in this issue of the
"News."
re e gf
So Ends "The Riot
Unless the. House Committee
wishes to attack the integrity of
the court or the jury that heard
the' Meeisenbach case, it stands
convicted of a grievous misstate-
ment of fact regarding the man-
ner in which the-riot got under
way. Such lack. of regard for ac-
curacy can only result in a
further diminution of public con-
fidence in the committee. -
The House Committee on Un-
American Activities will better
serve the American people in
their struggle against Communist
subversion when it drops some
of its own un-American activities
-as for instante, writing history
to suit its own convenience.
Americans like to think of this
as a Communist rather than an
American pastime-Concluding
paragraphs from an editorial in
the San Jose Mercury of May 5,
1961.
Book Raid Is (c)
Condemned
Continued from Page 2-
Attorney J. Frank Coakley and
"his deputy,
tended that the distribution of
Ahern, have con-
the seized books is part of a
Communist plot. Seizure of the
books received prominent men-
tion in a San Francisco News-Call
Bulletin series of articles on
"smut peddlers." The court's
decision was played down in most
Bay. Area newspapers and one
paper carried the misleading
headline "Seizure Upheld in
Dirty Book Case."
Credentials
Cases Pending
Before Ed. Board |
A hearing officer last month
recommended revocation: of the
teaching credentials of William
and Rita Mack, husband and wife,
but the State Board of Education
refused to accept the recommen-
dation and instead asked the
hearing officer to set forth the
evidence on which he based his
recommendation.
ACLU Representation
Although the Macks are rep-
resented by the ACLU Staff
Counsel, the attorney for the
Credentials Commission has thus
far failed to supply him with a
copy of the hearing officer's
decision and claims that he is not
required to do so until the Board
takes final action. Nevertheless,
the decision was made available
to the press.
Former Party Members
The Macks had been teaching
in the Redding area when they
were subpoenaed by the House
Committee on Un-American Ac-
tivities in 1959. At that time, in
appearing on a television pro-
gram they admitted past mem-
bership in the Communist Party
and said they had joined the mass
exodus from the party at the
time of the Hungarian revolt.,
' This membership occurred before
either of them had secured teach-
ing credentials.
Unprofessional Conduct
In taking the Levering Act
oath required of all public em-
ployees, the Macks both denied
membership during the preceding
five years in a group advocating
the violent overthrow of the gov-
ernment. The Credentials Com-
mission claims the Macks per-
jured themseives by not listing
their former membership in the
Communist Party and, therefore,
were guilty of unprofessional
conduct.
Informer Testifies
The Commission rested its case
on the testimony of Karl Prus-
sion who testified as an informer
at the May 1960 hearings of the
House Committee on Un-Amer-
ican Activities in San Francisco.
Prussion testified that every
person who has been a member
of the Communist Party knows -
its ultimate purpose to be violent
overthrow of the government and
must, therefore, be lying if he
denies knowingly belonging to an
organization which. advocates
violent overthrow of the govern-
ment.
Expert Disagrees
On the other hand, Prof. c
Wilson Record: of Sacramento
State College, eminent authority
in the field of American com-
munism, and author of the widely
praised volume, "The Negro and
the Communist Party," testified
that membership in the party
may be without knowledge of the
violent aims.
The State Board of. Education.
will-again consider the matter at
its May meeting. If the creden-
tials are ordered revoked an ap-
~ peal will be taken to the courts.
Conviction of
Hartman Upheld
Continued from Page Pr
of the committee to hold the
hearing and the propriety, re-
levance and pertinency of the
questions asked and to be asked
of him. .. . Having waived any
objections which he might have
to compulsory attendance before
the committee, appellant was
foreclosed from asserting any
such objection in the contempt -
trial." .
Subpoenas
Since Hartman could not raise
the issue of probable cause, the
court naturally also reached the
conclusion .that the requested
subpoena to secure information
to preve the absence of such
probable cause were irrelevant
and. immaterial to his defense.
Hartman has been represented
by volunteer ACLU attorney
Hartly Fleischmann of San Fran-
cisco and Albert M.,. Bendich,
' former ACLU Staff Counsel.
Board of Directors Action
State
issues
- The Board of Directors of the ACLU of Northern Califor-
_ hia on May If revised its policy statement concerning Church
and State issues. The original statement, adopted June 9,
1960, met with some criticisms, particularly from the Marin
Chapter. In adopting the revised statement, the pia acted
on recommendations made by a
special committee composed of
Howard A. Friedman, Chairman;
Philip Adams, Rev. Oscar F.
Green and Lloyd L. Morain. The
eomplete text of the statement
follows: :
At the request of the Board,
the Church and State Committee
met to determine whether a gen-
eral Board policy could be rec-
ommended governing the various
Church and State issues which
have been raised.
It became obvious at the out-
set that, since the Board has not
seen fit to establish, or perhaps
even agree on, any rigid inter-
pretation of the First Amend-
ment, a blanket policy would in-
deed be difficult.:We, therefore,
felt that the most logical ap-
proach was to list the various
categories of Church and State
issues which had come before the
Board, and to apply certain crite-
ria based on past Board action
and to arrive at a policy in this
matter.
A. Religion and the Elementary ~
Public Schools.
Based on the principles stated
in the Constitution, and rein-
forced by various Supreme Court
decisions, ,we believe that the
following should not be permit-
ted in the elementary public
schools:
1. Teaching religion:
This means we do not believe
it is the function of the elemen-
tary public schools to foster:
a. Religious instruction;
b. Organized prayer;
e. Organized Bible reading or
distribution of Bibles.
2. Securing commitment te
religion or belief in God:
We believe it is not the fune-
tion of the elementary - school,
whether it be under the head-
ing of morals and manners or
"moral and spiritual values, to
secure commitment to God or
religion, or to advocate a "com-
Oe core approach" to religion.
3. Supporting or sustaining any
particular religious groups or
_ denominations by such activities
as:
a. Granting "released time"
for religious instruction;
b. Posting and/or distributing
, religious notices;
e. Collecting food and money
for sectarian purposes.
4. Participating in
observances such as:
a. Baccalaureate services;
b. Christmas plays; and,
ce. Creche displays.
B. Religion and the Public High
Schools.
In general, our comments are
the same as those listed in Reli-
gion and the Elementary Public
Schools with the following ex-
ceptions:
We feel that exploration and
investigation into religion is per-
religious
`Inissible as part of a high school
education. Any courses or sem-
inars in comparative religion
would, of course, have to~ be
properly and objectively handled,
pointing out the rights and phi-
losophies of those who do be-
lieve, as well as those who do not
believe.
C. Religion and the State Sup-
ported Institutions of Higher
Learning.
Same comments as A(R) and B.,
except to repeat: It is not the
function of the college to secure
commitment to religion or God.
However, as an educational pro-
eess on this level, exploration and
inquiry into religion and the
various philosophies is permis-
sible.
D. Religion and Civic issues.
On the basis of its interpreta-
tion of the First Amendment to
the U.S. Constitution, the ACLU
also opposes:
1. Flying flags at half- staff on
Good Friday on _ public
buildings;
2. Cresses and other religious
symbols on public buildings
or other public property;
and,
3. The purchase of Christmas
ereches out of public funds
or the display of creches on
public property.
We question the constitution.
ality and the wisdom of the
practices listed in items D 1, 2
and 3, so we object to them, but
we recognize that they may be
borderline issues. We, therefore,
feel that issues of this nature
should continue to be handled
individually rather than under a
blanket policy.
E. Miscellaneous Church and
States issue. :
Based on the principles stated
in the Constitution of the United
States the ACLU also opposes:
1. Free rides on public trans-
portation for members of
the clergy;
2. Free transportation for pa-
rochial school children:
3. The phrase "under God" in |
the Pledge of Allegiance;
and,
4. Reaffirms its objection to :
property tax exemption for
religious properties, both.
real and personal, whether
used solely for religious
purposes, for income-pro-
ducing or for non-religious
purposes, other than pro-
perty used solely for non-
sectarian and non-religious
charitable, welfare or edu-
cational projects.
Sacramento
Valley Chapter
Granted Charter
A new chapter of the ACLU of
- Northern California was born last
month when the Board of Direc-
tors approved a charter for what
will be known as the Sacramento
Valley Chapter, This is the third
ACLU chapter besides the stu-
dent group at the University of
California. The other two are the
long-standing Marin Chapter and
the Mid-Peninsula Chapter,
Darrell Shryock-is chairman of
the Sacramento Valley Chapter
and Lee Watkins of Davis is vice-
chairman. Secretary is Mary
Irwin and Treasurer, George
Bramson. The board is `composed
of the officers and 11 other
persons,
Under the chapter's By-Laws it
"shall take no legal action with-
out approval of the Chairman of
the Board of Directors of the
American Civil Liberties Union
of Northern California. It may,
however, take any other action,
including stating its position
publicly, so long as the specifie :
case or issue involved is clearly
local to the area of its jurisdiction
and is clearly covered by the
stated policies of the ACLU of
Northern California. Where there
is any doubt as to the foregoing
or where the ACLUNC has not
issued a statement of pclicy,
no public position or action shall
be taken without approval of
the Chairman of the Board of
ACLUNC."
ACLU NEWS
June, 1961
Page 3
San Jose Movie Censorship
The ACLU last month opposed the petition of the Citizens
Committee for Better Motion Pictures and Associated Ad- C
vertising which last month urged the San Jose City Council' warm peninsula weather
to strengthen the censorship power of its Entertainment
Commission over movies, establish a compulsory classifica-
tion system and secure enforce-
ment of the existing ordinance
curtailing movie advertising.
Present Ordinance
`The Commission was establish-
ed in 1955 under an ordinance
which prohibits the holding of
any entertainment without first
applying for and receiving a per-
mit from the Commission. It may
suspend or revoke any permit if
entertainment is conducted "in
an. unlawful, indecent, or im-
moral manner." Suspensions
`must be with the approval of the
City Manager and only after 24
hours written notice stating the
grounds of suspension. Revoca-
tion of permits, which are good
for one year, can occur only after
notice and a hearing before the
Commission and an appeal there-
from lies to the City Council.
Lolobrigida Banned In 1957
Back in February, 1957, the
Commission, by a 5 to 2 vote,
banned. the showing of "Woman
of Rome," starring Gina Lolobrig-
ida, at the Fox Padre Theatre.
The resulting controversy and
publicity stimulated attendance
at exhibitions of the film in near-
by communities. It also led to -
the placing of more liberal mem-
bers on the Commission.
Commission Purposes Unfulfilled
`The petitioners complain that
the Commission has failed to ful-
fill its purpose. They assert that
in over five years it has convened.
enly 43 times and failed to secure
a quorum 40% of the time. They
complain, too, that a self-imposed
16-year-old age restriction on
"adult" films-had not been en-
forced by theatre managers and,
anyway, this age, in their opin-
ion, is too low.
Recommended Action
The petitioners therefore urged
the Council to re-organize and
expand the Commission by ap-
pointing alternates and placing
members on limited terms of of-
fice, with all appointments to be
determined by the City Council.
They would require theatre man-
agers to submit a list of all
movies they plan on showing
along with an accurate summary
no less than ten days before a
public showing. The Commission
would have the option of pre-
viewing a film no less than three
days before a public showing and
if it felt the film had been im-
properly classified by the theatre
manager he would be asked to
change its classification. Also, an
"adult" picture would be defined
as one which should not be
shown to anyone under the age
of eighteen. The petitioners rec-
ommended that if theatre man-
agers failed to abide by the Com-
mission's classification they
should be warned upon renewal
of their permits.that unless they
did so abide their permits would
be revoked upon a thirty-day writ-
ten notice. Moreover, upon ex-
hibition of an "adult" film proper
notice would have to be displayed
in the ticket office. -
-Newspaper Advertising
Finally, the petitioners ex:
pressed the view that coopera-
tion between theatre managers
and local newspapers was neces-
Sary to curtail display advertising
which does not conform to the
intent of the existing ordinance
' which prohibits advertising
"which is obscene, indecent or
ACLU NEWS
June, 1961
Page 4
immoral, or offensive to the
moral sense, or of such character
as to be contrary to the peace
and good order of the City."
Movies And Rising Delinquency
The Citizens Committee ex-
pressed the opinion "that the mo-
tion pictures and associated ad-
vertising, displayed.in this city,
has seriously contributed to the
rising delinquency problem, not
to mention the general weaken-
ing of moral value in our junior
citizens." :
Grounds for Opposing Petition
The ACLU's letter to the City
Council cited seven grounds for
opposing the Citizens Committee
petition: :
1. That movies have not seri-
ously contributed to the rising
delinquency problem;
2. That censorship of movies
and advertising is repugnant to a
free society and the traditions
of this country;
_ 3. That compulsory classifica-
`tion of movies is necessarily ar-
bitrary and encourages efforts to
suppress other media of commu-
nication;
4, That the State's obscenity
law is adequate to deal with any
problems that may arise from
time to time;
5. That if the Council accedes
to the petition of the Committee
it will result not in resolving
delinquency problems but merely
arouse controversy that will
divide the community.
6. That the proposed regulation
is impractical in congested met-
ropolitan areas because if San
Jose bans a sensational movie it
will merely advertise the showing
of the film in an adjacent com-
munity; and,
%7. That if there be any prob-
lem, its solution lies in State
rather than local action.
Censorship Repugnant
The ACLU's letter argued that
"eensorship,. by government or
private groups, is destructive of
the values of a free society by
attempting to impose the views
and tastes of some segments of
society (sometimes majority and
sometimes minority) on the rest
of us.
The letter also expressed the
view that attempts to regulate
entertainment of an "immoral
nature, or offensive to the moral
sense," as the ordinance provides,
violates constitutional limitations
and we would, therefore, wel-
come a court test of the law as it
ig presently written.
Repeal Urged
The ACLU said it had given
just a few reasons why the Cit-
izens Committee's petition should
be denied. "Indeed, we would go
further;" said the letter, "we
would repeal the existing ordi-
nance before some court declares
it to be unconstitutional."
The petition of the Citizens
Committee was signed by Mrs.
Emil John Vogel, President; Mrs.
Ronald James, Treasurer; and
Mrs. Patrick J. Walsh, Secretary.
Muslim at Sac. State
Appearance of Brother Ber-
nard X, a Black Muslim leader,
in a sociology class at Sacramen-
to State, College last month
brought objections from Sheriff
John S. Misterly and a resound-
ing reply from Dr. Wilson
Record, who upheld the right of
the faculty to invite "outside
speakers to discuss topics rele-
vant to the subject matter of
specific courses."
Mid-Peninsula
Chapter Has
Busy Calendar
As part of a full calendar of
events, the Mid-Peninsula chapter
held its first social function on
Sunday, April 30, in the after-
noon. A champagne - reception
honoring the staff and board
members of the Northern Cali-
fornia Branch was held in the
garden, the patios and around
the pool of the Robert Kleins in
Westridge, Portola Valley. A
strolling accordion player and
en-
hanced the attractive setting.
Large Attendance
About 300 past, present and
prospective members enjoyed the
informal party. Richard Wasser-
strom, chapter chairman, briefly
introduced Ernest Besig, who in
turn introduced the board mem-
bers present. In charge of the
day's arrangements were: Mrs.
Henry Kaplan, Norman Howard,
Mrs. William Kautz, Peter Szego
and Mrs. Philip Temko.
In observance of National Law
Day, May 1, the chapter sponsored
a quarter-page ad in the Palo Alto
Times. Consisting of a reprint of
the Bill of Rights, the ad urged
interested persons to secure in-
formation about the work of the
ACLU,
Speakers Bureau
To reach out deeper into the
community, the sub-committee on
legislative committees has set up
a Speakers' Bureau. Various local
groups, particularly in Palo Alto,
have been informed of the
Bureau and its service in supply-
ing speakers for luncheons and
meetings on the subject of
investigatory committees of Con-
gress, Some of the specific topics
for talks suggested by the Bureau
are:
Implications of the Fifth
Amendment: its history and use.
Is the Bill of Rights being
taught in our schools?
The First Amendment.
, Recent Supreme Court deci-
sions and the Bill of Rights.
Two local groups have called
on the Bureau to date. Clubs or
societies in the Mid-Peninsula
area may call DA 6-3437 to get a
civil liberties speaker free of
charge.
Membership Education
Membership education is also
growing, with five active sub-
committees meeting regularly to
study and discuss definite areas
involving our civil liberties. These
include: legislative investigations,
church and state, migrants, civil
rights of the mentally ill and civil
rights of juveniles. Each of these
sub-committees meets about once
a month. ACLU members. who
want to attend may call DA 5-6440
for meeting places and ee
Art Film Seized (c)
By S.F. Cops as
Being Obscene
As this issue of the "News"
goes to press, Inspectors Jack
Long and William Sampson of
the San Francisco Juvenile Squad
on May 24 arrested Gil Taylor,
30, manager of The Movie, an art
theatre at 1034 Kearny St. and
charged him with showing a lewd
film. 4
The film is "Fireworks," which
has been shown previously in San
Francisco without difficulty, Both
it and the projector were seized.
In Los Angeles, however, the film
was cleared only after a court
proceeding that wound up with
a 3 to 2 decision of the Appellate
Department of the _ Superior
Court. Of course, that decision is
not binding on the San Francisco
courts.
The film deals in a very serious
.Wway with the taboo subject of
homosexuality. Inspector Long
described it as "the worst I've
ever seen-a study in perversion,
and masochism." -
The arrest and seizure were
made despite an arrangement be-
tween the District Attorney's of-
fice and the police that before an
arrest is made the District At-
torney's office must give a judg-
ment in the matter. In any case,
District Attorney Tom Lynch
intends to study the southern
California decision before pro-
ceeding in the matter.
U. C. ROTC Picket
| Faculty
n. to Revie
Grade |
The Academic Senate of the University of California in
. Berkeley on May 1 voted to establish a special committee to
investigate the case of James Leo Creighton, vice-president of
SLATE, the campus political organization,
"F" in ROTC after he engaged in
eompulsory drill while wearing
his cadet uniform, .
At the time, Col. J. T. Malloy,
chairman of the Department of |
Military Science, was quoted as
saying: "If I or any of my staff
find anyone picketing in uniform,
that student may find it very dif-
ficult to pass the course, We
know there are many who might
like to go along with the crowd
but we can deal with them."
Appeal to Academic Senate
After failing to secure redress
of his grievance from the instruc:
tor in the course, from Col.
Malloy and from the administra-
tive officials of the University, .
Creighton appealed to the Ac-
ademic Senate on February 14.
Creighton asked that his "EF"
grade be reviewed and changed
"to the grade commensurate with
my academic performance in said
class." In the petition, Creighton
asserted that at mid-term he had
an "A" grade in the course, that
he did not fail any examinations
after that time, that he had more
than a satisfactory record on the
drill field, and, despite these facts
and circumstances he received an
~"F" in the course. He contended
that his "F" was given as a pu-
nitive measure for opposition he
expressed to compulsory ROTC
by picketing the drill field in
uniform and that this punitive use
_ of the grade is in violation of the
policies of the Senate.
Motion By Dr. tenBroek -
In establishing the special com-
mittee, the Senate acted on a
motion by Dr. Jacobus tenBroek
and turned down another pro-
posal that it wait for its Com-
mittee on Academic Policy to
revise the rules of the Senate to
allow it to change grades in cases
where if appears they were given
for non-academic reasons.
tenBroek's Conclusions
Dr, tenBroek supported his
motion with a ten-page statement
supported by various documents.
Following are the three conclu-
sions which he reached:
. "1. It is within the legal author-
ity of the Academic Senate to
_ grant the petition. The Regents
have conferred this authority.
The Senate has not by its own
action disabled itself,
"2. Whether the Senate wishes
to exercise the authority it pos-
sesses is a question of. policy
intermingled with a question of
fact, The petition and connected
documents make out a prima-facie
case that the instructor abused
his authority in awarding the
grade of "F." This is sufficient
to justify setting in motion an |
investigation to determine the
a
The first right of a citizen
Is the right
To be responsible.
who was given an
peaceful picketing against
truth of the allegations and to
make findings of fatt. To do this,
an ad hoe committee of the
Senate should be specially created
or a definite assignment made to
an existing committee. j
"3. Once. the facts are firmly
established, if they do not sustain
the petition, the petition should
be denied. If they do sustain it,
the petition should' be granted.
Thus, legal authority and academ-
ic policy should be combined to
secure two highly important and
not necessarily contradictory
objects: a) the untrammeled au-
thority of the instructor freely to.
use the grade as a tool of-teach-
ing or as a measure of the stu-
dent's educational progress; b)
the right of the student to be
protected against abuse of the
authority to award the grade for
punitive, personal, whimsical,
prejudiced, and educationally ir-
relevant purposes and considera-
tions." .
Fair Play and Fair Hearing
In concluding his statement,
Dr. tenBroek declared: "Though
some of us may think ourselves
more humane, we are not less
human than others who exercise
power and therefore, no less
liable occasionally to abuse that
exercise, The students are enti-
tled to protection against our
human weaknesses. We should be
the first to see that they get it.
We, the students, and the public
alike are all entitled to be as- |
sured that we have in operation
`the machinery of fair hearing." ~
Minister Leads
Smut Campaign
In Fairfield |
Led by the Rev. Robert Lewis
of the First "Baptist Church, a
group of ministers of the Fair-
field-Suisun City Ministerial As- |
sociation has started a campaign
to rid Fairfield newsstands of
"obscene literature."
First victim of the campaign
was Mrs. Mary Saiz, 34, proprietor
of Franks' Smoke Shop where, on
the complaint of Rev. Lewis,
police seized 50 magazines while.
charging Mrs. Saiz with violating
the State obscenity law.
Rev. Lewis claimed that a year
ago clergymen and laymen had
asked the shop to rid itself of
the magazines but nothing was
done. Incidentally, Mrs. Saiz has
owned the shop only a few
months. pe
Two Vallejo attorneys refused
to represent Mrs. Saiz, but, final.
ly other counsel was secured.
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