vol. 26, no. 6

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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