vol. 28, no. 2

American

Civil Liberties -

Union

Volume XXVIII

SAN FRANCISCO, FEBRUARY, 1963

1963 California Legislature

Absence

Anti-Civil

Liberties

is

_ The first few weeks of the 1963 California Legislative

session were notable for an almost total absence of anti-civil

liberties bills. The defeat of Proposition 24 only a few months

ago appears to have discouraged the decimated ranks of

witch-hunters. Not one Communist-hunting bill has thus far

been introduced. Of course, the

session has just gotten started.

The only anti-civil liberties

bill the ACLU has thus far been

able to discover is A.B. 3 by

Chapel which modifies the defi-

nition of obscenity in Sec. 311 of

the Penal Code by deleting the

requirement that matter be "ut-

terly without redeeming social

importance." It also authorizes

a proceeding by the district at-

torney to enjoin distribution or

exhibition of obscene matter and

for its seizure and destruction by

the sheriff.

However, Mr. Chapel has also

introduced A.B. 14, which would

permit an obscenity proceeding

to be brought against the alleged

obscene matter rather than

against an individual. This is

what the lawyers call an in rem

proceeding.

Fair Housing

- Otherwise, the proposals to

date are in aid of civil liberties.

The State Senate has already

approved a resolution to approve

_a Federal Constitutional Amend-

ment to eliminate the poll tax.

The major racial legislation in

this session, however, will be a

proposal, still to be introduced,

changing the F.E.P.C. to a Hu-

man Rights Commission that is

also empowered to provide relief

where there is discrimination by

reason of race, color or creed in

the sale and rental of housing.

In the meantime, A.B. 176 by

Bagley and others has-been in-

troduced empowering the FEPC

to act in cases of racial discrimi-

nation in the rental and sale of

publicly assisted housing, while

A.B. 104 by Elliott requires the

establishment in Los Angeles

county of a citizens' human re-

lations commission.

Burton and ten others have in-

troduced A.B. 15 which requires

the suspension or revocation of

any license issued by the State

upon a showing that the license

holder has been guilty of dis-

crimination against persons re-

questing performance of serv-

ices, based solely upon race,

color, religion or national origin.

Assemblyman Petris has intro-

duced A.B. 36 to allow the use of

peyote in religious services,

while A.B. 99 by Song and Mo-

reno requires notification of the

parent or guardian of a_child be-

fore he may be interrogated at

school by police officers, except

in an emergency. Where consent

is withheld to interrogate out of

the parent's presence, the police

officer must allow a reasonable

amount of time for the parent or

guardian to arrive at school to be

present at the interrogation.

Arrest Measures

' Assemblyman Z'berg has intro-

duced two bills-relatine*te arrest.

A.B. 148 requires that persons

arrested on warrants in a county (c)

other than where the warrant

issued, must without unnecessary

delay be taken before a magis-

trate in the county of arrest. And,

A.B. 149 requires that in all

cases an arrested person must be

brought before a magistrate

within 48 hours after arrest.

According to late press re-

ports, Carrell has proposed A.B.

324 to permit arrest records to

be expunged where there is an

acquittal or dismissal of a prose-

cution, while A.B. 366 by Crown

would ban raids on indigents at

unreasonable hours. Also, Sen.

Rodda is credited with introduc-

ing S.B. 170 to establish a Com-

mission on Intergroup Relations.

Customs Service H

angs |

On to 'Girlie' Magazines

The November ACLU News reported that U.S. Collector

of Customs George Brokaw would release some of the thou-

sands of girlie magazines imported from England and Den-

mark by local dealer Dr. Earl Sass. This was based on the

opinion of U.S. Attorney Cecil Poole that these magazines

were not obscene and were not

packaged with any allegedly ob-

scene articles. However, this

proved an overly optimistic re-

port because now Brokaw has in-

formed the ACLU that he has re-

ceived orders from Washington

not to release these magazines

even though the U.S. Attorney

will not proceed against them.

The ACLU will very likely be re-

quired to file suit to recover

these magazines.

U.S. Attorney Files Libel

As for those packages which

eontain one or more magazines

which the U.S. Attorney says

might be obscene, the regular

course of the law has been fol-

lowed with a so-called libel ac-

tion (a proceeding in admiralty)

being filed in U.S. District Court.

Dr. Sass has filed a claim to

these magazines and the ACLU

will represent him in the trial

as to their alleged obscenity,

which will take place within the

next few months.

Rotten Apple Theory

The libel expressly admits that

most of the magazines are not

obscene, but it proceeds on the

rotten apple theory that if a

package contains one obscene

item the whole package may be

destroyed. The ACLU will chal-

lenge this theory on the ground

that it is invalid as applied to~-

material protected by the First

Amendment no matter what the

character of the allegedly ob-

scene article. Under the rotten

apple theory a person's whole

library could be destroyed if it

were shipped into this country in

a box containing one copy of

"Fanny Hill" or some other ri-

bald classic.-M.W.K.

Number 2

Non-Catholics

Excused from

Religion Class

Non-Catholic boys will not be

required to attend classes in re-

ligion at the Hanna Boys Center.

This was the assurance given last

month by Monsignor William L.

`O'Connor, director of the school

"for neglected boys of all races

and creeds." Monsignor O'Con-

nor informed the ACLU that he

had been "instructed by mem-

bers of the Executive Committee

to excuse non-Catholic boys from

the regular classes in religion.

This will be effective at the start

of the new term Monday, Febru-

ary 4."

Previous Policy

The question arose in connec-

tion with neglected non-Catholic

boys who are made wards of the

court and sent to the Center at

public expense. Previously, the

Center had taken the position

that since they did not have a

large enough staff to supervise

a non-Catholic boy during the pe-

riod religion is taught, he would

have to attend the class in re-

ligion but not participate.

ACLU Protests

The ACLU Board of Directors

felt that it was improper for non-

Catholic wards of the Juvenile

Court to be required to attend

Catholic religious instruction and

urged a change in the Center's

policies. Monsignor O'Connor

agreed to present the problem to

his Executive Committe and the

change in policy resulted.

Archie Brown

Appeal Set

For Argument

The ACLU has filed its amicus

curiae brief in the appeal to the

Ninth Circuit of the conviction

of Archie Brown under the pro-

visions of the Landrum-Griffin

Act making it a crime to be a

member of the Communist Party

and at the same time a member

of a union executive board.

Brown is admittedly a long-time

and well-known member of the

Communist Party and was

elected as a member of the 35-

man executive board of Local

10, 1.L.W.U. Oral argument in

the case is set for February 4.

ACLU Arguments

The ACLU brief, prepared by

staff counsel Marshall Krause,

argues that the provision vio-

lates the First Amendment's

rights to freedom of speech and

association and is further uncon-

stitutional because it is a bill of

attainder and because it makes

conduct, harmless in itself, crimi-

nal on the basis of unchalleng-

able (and unproved) assumptions

as to what a member of the Com-

munist Party might do at some

future time if allowed to remain

a member of a labor union execu-

tive board.

Antidote to Communism

The brief points out that prec-

edent concerning the rights of

Communist Party members will

serve aS an invitation to treat

members. of other unpopular

groups in a similar manner and

concludes: "The best antidote to

communism will remain a viable

democracy where there is free-

dom `for the thought we hate.'

"Holmes, J., dissenting in United

States v. Schwimmer, 279 U.S.

645, 654." -M.W.K.

First Amendment Case

: ea

Louis Hartman, whose conviction for contempt of Con-

gress in relying on the First Amendment in refusing to an-

swer political questions at the House Committee on Un-

American Activities San Francisco hearings in June, 1957,

was reversed by the U.S. Supreme Court in June, 1962, was

reindicted by the Federal Grand

Jury on January 3rd of this year.

The new indictment attempts to

correct the fatal defect the Su-

preme Court found in the first

indictment by naming as the sub-

ject of the Committee's inquiry

"the extent, character, and ob-

jects of Communist Party activi-

Blease Speaks

At San Jose

Chapter Meet

The annual meeting of the

Santa Clara Valley Chapter of

the ACLUNC will be held on

Sunday, February 17, 1963, at

7:30 p.m. in the Herbert

Hoover Junior High School

Auditorium, 1671 Park Ave.,

San Jose. Parking is available

on the school grounds. _

A short business meeting,

including the election of offi-

cers, will be followed by guest

speaker Coleman Blease. His

topic. will be "Civil Liberties

and the Legislature." Mr.

Blease is lobbyist in the State

Legislature for the ACLU of

Southern California and is on

the faculty of the Speech De-

partment at the Univ of Cali-

fornia at Berkeley. Mr. Blease

previously came te the area to

_debate with Louis Francis on

Proposition 24 over a local TV

channel at the ACLU's re-

quest.

All members and friends of

the ACLU are welcome and

urged to attend.

Mid-Peninsula

ties within the professions and

propaganda activities of a Com-

munist origin.' The Supreme

Court held that unless the in-

dictment named the subject of

inquiry the witness would not

know whether or not the ques-

tions asked him were pertinent,

as required by the statute pun-

ishing contempts of Congress.

Local Radio Figure

Hartman, who was a popular

local radio figure under the

name of "Jim Grady" until the

Committee ended his career, had

recently been engaged in writ- ~

ing a book about his experiences

but has now put it aside pend-

ing the final outcome of the new

proceedings. Neither at the Com-

mittee hearing nor at the trial

was the claim made by Hart-

man's inquisitors that there was

any political propaganda or "sub-

versive influence" on his radio

broadcasts.

The ACLU has been represent-

ing Hartman from the outset and

will continue to represent him at

the new proceedings. In addition

to ACLU Staff Counsel Marshall

Krause, Hartman has a battery

of volunteer attorneys consisting

of Albert Bendich, Hartley

Fleischmann and Laurent Frantz.

Contentions of Defense

The heart of the defense will

be the assertion that the Com-

mittee's use of compulsory pro-

cess to obtain answers to ques-

"tions about political activity was

a violation of the First Amend- -

ment's protection against the

abridgment of free speech and

-Continued on Page 4

FA Subject of

eeling

The Mid-Peninsula Chapter of the ACLUNC will hold its

annual meeting at All Saints Church, 555 Waverly St., Palo

Alto, Friday evening, February 15, at 8 o'clock. Elsa Knight

Thompson, radio commentator and Public Affairs Director

of FM Radio Station KPFA in Berkeley will discuss the Con-

gressional investigation of the

station under the title "Freedom

of the Air Waves." Chairman

Richard Gould will preside and

report on the chapter's activities

during the past year.

Election of Board Members

Election of Board members to

replace those whose terms ex-

pire this year is also scheduled.

Retiring are Rick Gould, Mike

Chriss, Karel De Leeuw, Sandra

Levinson, Leroy Lucas, John

Rutherford and Harold' Gross,

who has been filling out the last

month of Dan Miller's term.

The Candidates

A Nominating Committee

headed by Peter Szego has pro-

posed the following 12 names for

the 7 vacant positions:

Ed Ardzrooni, Palo Alto attor-

ney; Ted Baer, Los Altos busi-

nessman and former ACLUNC

board member; Ada Bakalinsky,

former chapter board member;

Sylvia Bancroft, now active on

the Chapter's Speaker's Bureau;

Emory Curtis, active in local

political and NAACP affairs; Vir-

ginia Eitreim, long-time Chapter

member; Herbert Fischgrund,

Menlo Park engineer and recent

recipient of a scholarship to at-

tend the Univ. of Calif. extension

course on civil liberties; Harold

Gross, Palo Alto attorney who

has spoken several times to local

groups on behalf of the Chapter

and who has been a "cooperating

attorney" for the San Jose Chap-

ter; Virginia Hanly, long-time

Chapter member; Leah Kaplan,

former Chapter board member;

Philip Smaller, Portola Valley

physicist; and, David Stuart. Ad-

ditional names can be placed in

homination at the meeting. Each

nominee will be offered an op-

portunity to say a few words

about his background and inter-

est in civil liberties prior to the

election.

Refreshments

Refreshments will be served

after the meeting. There is no

admission charge. Members are

urged to attend and to bring

their friends.

in This Issue...

ACLU Docket... 2... p.2

Financial Report ACLU of

No. Calif. for Year Ended

Oct. 31,1962 p.3

Right of NAACP to `Solicit'

Test Suits Upheld ..... p.2

Right to Counsel in Noncapi-

tal Cases Urged ....... p. 4

Seek Transfer of HUAC to

Judiciary Comm. ......p. 4

High Court Decision Affects ACLU

t

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

-ERNEST BESIG ... Editor -

503 Market Street, San Francisco 5, California, EXbrook 2-4692 ~

Subscription Rates - Two Dollars a Year

Twenty Cents Per Copy

Ralph B. Atkinson

`Dr. Alfred Azevedo

Prof. Arthur K. Bierman

Rey. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

John J. Eagan

Prof. Van D. Kennedy

Rev. F. Danford Lion

Prof. Seaton W. Manning

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

Reger Kent

Board of Director of the American Civil Liberties oo

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

John R. May

Lloyd L. Morain

Prof. Herbert L. Packes

William M. Roth :

Clarence E. Rust

John Brisbin Rutherford.

Mrs. Alec Skoinick

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

- Richard J. Werthimer

Donald Vial -

GENERAL COUNSEL

Wayne M, Collins

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

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

_ Right of NAACP

To `Solicit' Test

Suits Upheld

The U.S. Supreme Court last month upheld the right of

the NAACP to solicit legal cases to challenge the denial of

civil rights to Negroes. But, the decision also affects organ-

izations like the ACLU and the American Jewish Congress.

The court's ruling concerned a 1956 Virginia law, one of

many adopted in the _ state's

massive resistance program to

racial integration, which had the

effect of forbidding the NAACP

from underwriting the costs and

providing counsel in suits chal-

lenging segregation:

Brennan Speaks for Majority

Justice William J. Brennan,

Jr., spoke for five members of

the court who declared: "We

hold that the. activities of the

NAACP, its affiliates and legal

staff shown on this record are

modes of expression and associa-

tion protected by the First

and Fourteenth Amendments

which Virginia may not prohibit,

under its power to regulate the

legal profession, as improper

- solicitation of legal business vio-

lative of . . . the Canons of Pro-

fessional Ethics.

Vigorous Advocacy Protected

",. . abstract discussion is not

the only species of communica-

tion which the Constitution pro-

tects; the First Amendment also

protects vigorous advocacy, cer-

tainly of lawful ends, against

governmental intrusion. In the

context of NAACP objectives,

litigation is not a technique of

resolving private differences; it

is a means for achieving the law-

ful objectives of equality of treat-

-ment by all government, federal,

state and local, for the members

of the Negro community in this

country. It is thus a form of po-

litical expression. Groups which

find themselves unable to

achieve their objectives through

the ballot frequently turn to the

courts. Just as it was true of the

ACLU NEWS

FEBRUARY, 1963

Pade Z

opponents of the New Deal Leg-

islation during the 1930's, for ex-

ample, no less is it true of the

Negro minority today. And un-

der the conditions of modern

government, litigation may well

be the sole practicable avenue

open to a minority to petition for

redress of grievances."

Form Of Political Association

At another point, the court de-

clared: "The NAACP is not a

conventional political party; but

the litigation it assists, while

serving to vindicate the legal

rights of members of the Ameri-

can Negro community, at the

same time and perhaps more im-

portantly, makes possible the

distinctive contribution of a

minority group to the ideas and

beliefs of our society. For such

a group, association for litiga-

tion may be the most effective

form of political association."

Decision Not Limited to NAACP

The court made it clear that

its decision was not limited to

organizations .opposed to segre-

gation, but applied just as much

to those who favor it. ""That the

petitioner happens to be engaged

in activities of expression and

association on behalf of the

rights of Negro children to equal

opportunity is constitutionally ir-

relevant to the ground of our

decision. The course of our de-

cisions in the First Amendment

area makes it plain that its pro-

tections would apply as fully to

those who would arouse our so-

- ciety against the objectives of

the petitioner. ... For the Con-

stitution protects expression and

association without regard to the

race, creed, or political or reli-

gious affiliation of the members

ACLU

The following cases are being handled by the legal staff of

the American Civil Liberties Union of Northern California with

the assistance of volunteer attorneys where noted.

FREEDOM OF SPEECH

AND PRESS

People v. Shaver. Criminal

prosecution for offering for sale

three allegedly obscene books.

After a trial the defendants were

convicted but on appeal the con-

viction was set aside for failure

_to receive evidence on the con-

temporary community standards

of available literature. The ap-

pellate court is now considering

on a rehearing other issues which

may arise on a retrial the district

attorney has promised. Stanley

Fleischman represented the pub-

-lisher on the appeal.

Peopie v. Poland and Cage. De-

`fendants were convicted of tres-

passing after the owner of a

bracero camp where hundreds of

Mexican laborers lived arrested

them as they were trying to dis-

tribute leaflets of the Agricul-

tural Workers Organizing Com-

mittee of the AFL-CIO. ACLU

eontends camp was a "company

town" and a treaty with the

Mexican Government allows ac-

cess for labor organizers. Peti-

tion for certiorari filed in U.S.

Supreme Court with the aid of

volunteer attorney Donald M. Ca-

hen. (See story in this issue.)

United States v. Brown. ACLU

amicus curiae (friend of court)

brief filed in support of an ap-

peal of Brown's conviction to

the Court of Appeals challenges

the constitutionality of a section

of the Landrum-Griffin Act mak-

ing it a crime to be a member of

a union executive board contem-

poraneous with membership in

the Communist Party. The brief

argues that the Act is a bill of -

attainder, is arbitrary in its as-

sumptions that all communists

are presumed to be dangerous,

and restricts freedom of speech

and association without a show-

ing of clear and present danger.

United States v. Hartman.

Hartman was convicted of con-

tempt of Congress when he

`failed to answer the political

questions of the House _ Un-

American Activities Committee

on First Amendment grounds.

His conviction was reversed by

the U.S. Supreme Court because

of a faulty indictment. As in

eight similar cases, the govern-

ment has reindicted Hartman.

Volunteer attorneys Hartly

Fleischmann, Albert Bendich and

Laurent Frantz. (See story in

this issue.)

Eustace v. Day, Postmaster

General. Eustace dismissed as a

San Francisco postal clerk for

leading informational picketing

of the main post office by mem-

bers of his union during non-

- working hours. An appeal from

the granting of the government's

motion for summary judgment

has just been decided adversely

by the U.S. Court of Appeals in

Washington, D.C. The attorney is

Sidney Dickstein of Washington,

D.C. :

Customs seizures. The Bureau

of Customs has seized some

15,000 "girlie magazines" and

four bound books, Genet's

"Thief's Journal,' Swami Ram

Krishnada's "Classical Hindu

Erotology," and de Sade's "The

120 Days of Sodom" (Vols. I and

II), on the basis that. they are

obscene. The U.S. Attorney has

filed a libel against some of the

of the group which invokes its

shield, or to the truth, popu-

larity, or social utility of the

ideas and beliefs which are of-

fered."

The Dissenters ~

Justice Byron R. White con-

curred in part and dissented in

part. Justices John M. Harlan

(present intellectual leader of

the conservative group on the

court), Tom C. Clark, and Potter

Stewart dissented.

magazines. (See story in this

issue.)

TEACHERS

Mass v. Board of Education.

Writ of mandate to require

Board of Education .to reinstate

Mass and pay him $80,000 in

back salary plus damages. Judge.

Arnold of the S.F. Superior Court

has ruled that Mass is only en-

titled to $20,000 in back pay. An

appeal will be filed. Mass was

suspended when he failed to

answer political questions before

the H.C.U.A. Two previous ap-

peals have decided: most of the

issues in his favor. Albert Ben-

dich is co-counsel.

In re Patrick Hancock. The

practice of the Commission of

Credentials of the State Board

of Education is to furnish se-

lected applicants for credentials

with a loyalty questionaire. Pat-

rick Hancock was selected and

the ACLU supported his conten-

tion that the State Board of Edu-

eation has no power to inquire

into his past affiliations. A hear-

ing officer ruled against Han-

cock, but the State Board refused

to accept his recommendation

and set the matter down for full

hearing before the Board. (See

story in this issue.)

Rita and William Mack v. State

Board of Education. The Macks'

teaching credentials were re-

voked because, although they

freely admitted that they had at

one time been members of the

Communist Party, they did not

indicate their past Party mem-_

bership when they stated in their

Levering Act oaths that they had

never been members of an organ-

ization advocating violent over-

throw of the government. The

Superior Court, Judge Byron

Arnold, denied a writ of mandate

and the case is now on appeal

to the District Court of Appeal.

The oath does not mention the

Communist Party and the Macks

testified that they did not hear

any advocacy of violence during

their Hear)

RACIAL DISCRIMINATION

Burks y. Poppy Construction

Co. After successfully sustaining

the constitutionality of the Un-

"l Came In Late. Which Was It That Was

Un-American-Women or Peace?"

Yocket

ruh Civil Rights Act and its ap-

plicability to the field of housing

in a decision of the California

Supreme Court, this case is now

awaiting a jury trial. Damages

are somewhat problematical in

view of the fact that the con-

struction company is bankrupt

and its principal officer cannot

be found.

CITIZENSHIP AND

IMMIGRATION

In re Let Poy Wong (Eng).

Wong, "the man without a coun-

try," was successful in his habeas

corpus action in federal district

court establishing that he was

entitled to a hearing because of

his long residence in this country

and because he left the country

only as a seaman on a USS. ship.

The hearing is now pending but,

because of economic pressure, he

will probably leave the country

for Hong Kong.

Woo Tai King v. Holton. Action

for declaratory and injunctive re- |

lief filed in federal district court

on behalf of Woo to establish

that the purported cancellation

of his certificate of U.S. citizen-

ship took his property without

due process of law and denied

him procedural due process by

refusing him the right to con-

front and cross-examine the wit-

nesses against him. Government's

motion to dismiss denied and

three-judge court convened to

test the constitutionality of 8

U.S.C. sec. 1453. Volunteer attor-

ney George Duke is co-counsel.

DUE PROCESS OF LAW

Sokol v. Pacific Telephone Co.

et al. Action for damages against

telephone company and police

officials for destroying Sokol's

business by removing his tele-

phones without notice, hearing or

opportunity to present a defense.

Telephone Company claims Pub-

lic Utilities Commission rule al-

lows this procedure if they have

a letter from any police official

stating that telephone is being

used to aid and abet an illegal

purpose. Motion for summary

judgment pending in S.F. Supe-

rior Court. -

San Francisco v. Harper. Mrs.

Harper was billed $182.00 after

she had forcibly spent seven

days in S.F. Hospital on a mental

iliness petition filed by her

brother. She was discharged as

-Continued on Page 3

Board of Directors

American Civil Liberties Union

of Northern California

San Francisco, California

Gentlemen:

We have examined the balance sheet of the American Civil Libertids Union |

of Northern California as of October 31,

FINANCIAL

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

For Year Ended October 31, 1962

Statement of Income and Expense

January 4, 1963

1962, and the related statement of

income and expense for the year then ended. Our examination was made in

accordance with generally accepted auditing standards, and accordingly in-

cluded such tests of the accounting records and such other auditing procedures

as we considered necessary in the circumstances.

The records are maintained on a cash basis, and accordingly reflect no

accrual of liabilities. Our examination indicated no material liabilities outstand-

ing. Amounts payable for pay roll taxes and minor items were subsequently

promptly paid and did not differ in any significant amount from those payable

at the close of the previous year.

In our opinion the accompanying balance sheet and statement of income and

expense,

subject to adjustment for the difference between book and market

value of treasury bonds, present fairly the financial position of the American

Civil Liberties Union of Northern California at October 31,

1962, and the results

of the year then ended, in conformity with generally accepted accounting

principles. - H. W. Zimmerman, Certified Public Accountant, 582 Market Street,

San Francisco 4, Calif.

Balance Sheet

ASSETS

CURRENT ASSETS:

CASH:

Wells Fargo Banks:

General account $ 3,307.52

Savings account 13,837.48

San Francisco Federal Savings and Loan Assn........... . 10,118.75

Security Savings and Loan Assn. _.....-....scccccscseceeeenseoene 10,118.75

Home Mutual Saving and Loan. Ass. ....u...ccccccccnsssececeree 454.70

Petty Gash Fund 2) 0 10.00

United States Treasury Bonds (At cost) ...-cccoeccoe-co--- 4,500.00

TOTAL ASSETS

_...----$42/347.20

LIABILITIES AND NET WORTH

CURRENT LIABILITY-Employees' pay roll taxes withheld ..... $ 602.42

PROVISION FOR 1962 BIENNIAL REPORT] == = 1,200.00

OBLIGATED FUNDS (See Schedule 9,392.57

NET WORTH: _

Balance at October 31. 196| =e $28,196.64.

Excess of income over expenditures-

year ended October 31, 1962 _...--escsecsnseeccescoeccnceceoeeseee 2,955.57

Net worth October 31, 1962 31,152.21

TOTAL LIABILITIES AND NET WORTH oo ccccescccceeeececeecnee $42,347.20

Important

New Pamphlets

Available

Three important new pam-

phlets are available at the ACLU

office. The first of these is

"Fredom of Mind" by Justice

William O. Douglas. The 47

page pamphlet was published by

the American Library Associa-

tion in cooperation with the Pub-

lic Affairs Committee, Inc.

Single copies cost 60 cents. Jus-

tice Douglas discusses the trend

to conformity, mass communica-

tions, the Bill of Rights, shackles

on thought, libel laws, freedom

of speech and communism, loyal-

ty oaths, legislative investiga-

tions, freedom of speech, censor-

ship and challenging the status

quo.

The second pamphlet is en-

titled "Religious Schools and

`Secular' Subjects," a reprint of

an article by George R. La

Noue of Yale University from

_ the Summer, 1962, issue of the

Harvard Educational Review.

The article has received wide at-

tention in the popular and reli-

_ gious press. The question asked

and answered in the pamphlet is,

"Are the subjects of science,

mathematics and foreign lan-

guages, which are aided by Sec-

tion 305 of the National Defense

Education Act, truly `secular'

subjects in parochial schools as

supporters maintain?" This ques-

tion is thoroughly explored and

answered negatively in the pam-

phliet. 35 pages, price 50 cents.

The third pamphlet is entitled,

"The Bill of Rights and the

States,' by Justice William J.

Brennan, Jr. It discusses the ap-

_ plication of the Federal Bill of

Rights to the states. Published by

the Center for the Study of:

Democratic Institutions, this 24-

page pamphlet sells for 25 cents.

Orders for pamphlets should

be sent to the ACLU, 503 Market

St., San Francisco 5, Calif., ac-

companied by payment.

ACLUDocket

Continued from Page 2-

not in need of treatment. The

suit is awaiting trial.

POLICE PRACTICES

Goldberger v. Lewis. This suit

brought by two doctors against a

San Francisco policeman and the

City and County claims monetary

damages because of false arrest

for vagrancy. The doctors were

forced to spend the better part

of an early morning in jail on a

spurious charge. The case is

awaiting trial in superior court.

SECURITY CASES

-An electronics engineer has had

his security clearance suspended

and his job placed in jeopardy

because of "a close continuing

association" with his wife, whose

membership in the Communist

Party before he married her more

than ten years ago his employer

had been apprized of at the time

of hiring. he case is awaiting a

hearing before the Los Angeles

Field Board of .the Office of In-

dustrial.Personnel Access Author-

ization Review in the Department

of the Army. Ernest ie is

counsel. /

The case of a veteran who `vas

given an "Undesirable" discharge

from the Army without a hearing

on grounds of "disloyalty" on

Nov. 29, 1949. The specific

charges have been denied under

oath and the matter is awaiting

a decision by the Army Discharge

Review Board. Ernest Besig is

counsel.

A veteran has applied to the

Army Board for Correction of

Military Records for an Honor-

able discharge. While on active

duty he was the subject of a ioy-

alty proceeding because he had

registered I.P.P. in 1952 and later

refused to answer the Army's

political questions on First

Amendment grounds. The char-

acter of his separation was

changed to "Honorable" from

"General" in 1956, despite which

he was given a "General" dis-

INCOME: |

Memberships $52,141.63 President of a labor union he

Special funds appeals ___.. Seer ee $3,986.78 led an informational picket line

Less portions directed to obligated funds... 2,847.57 1,139.21 before the main post office in

-- San Francisco on his own time.

Special gifts 714.00 Eustace was. discharged for "`con-

Memorial gifts 245.00 duct unbecoming a postal em-

Interest income 1,772.15 ployee."

Publication sales, notary fees and miscellaneous ............ 444.60 The court, in a brief `opinion,

: held that the action of the Post

dotal Come $56,456.59 Office Department "was not arbi-

EXPENSES: trary, capricious, or wunwar-

Salaries $33,664.61 ranted." In a concurring opinion,

Printing, stationery and office eres es 3,815.72 Judge Fahy declared: "I concur.

Rent 3,730.00 in the result but do so only after

Postage 3.500.45 considering appellant's claim of

ACLU News 2,829.22 protected union activity under

Taxes and insurance 1,561.69 | rights said to stem from Section

Telephone 1,083.38 6(c) of the Lloyd-LaFollette Act

Retirement 741.30 of 1912. The claim of some such

Travel and trensporiation = 22 700.51 protection in and of itself may

Provision for 1962 biennial report 600.00 have merit; but, even so, in the

Employee hospitalization insurance 397.00 context of all the facts of this

Audit - 300.00 case I do not think the courts

Publications 184.55 should set aside the action of the

Furniture and equipment -.__....2 BRR ey oes = 70.27 Civil Service Commission."

Annual meeting expense (Net) 0.000.200. ces eceeeceeeceeeeeeene 45.80 Sidney Dickstein and David I.

Miscellaneous __. 276.52 Shapiro, ACLU volunteer attor-

NToetalJ eq,....m neys, will determine whether an

Total expenditures 53,501.02 appeal should be taken to the

vee sari OU supreme Court. The case

EXCESS OF INCOME OVER EXPENDITURES =. o---$ 2,955.57 = og had ACLU support since its

inception.

`Transactions in Obligated Funds ;

Balance RECEIPTS . Balance

October Special October 31,

1961 Appeal Other Expenditures Transfers 1961

DEFENSE FUNDS: oe

General: Defense: Funds $6,731.81 $2,518.50 $ -722.89 $ 914.30 $(90.80) $9,149.70

John W. Mass vs. S. F. School Board ............ 922.53 22.62 107.08 126.88 925.35

Lundqist-vs "MEBA 2. (971.19) 88.23 (1,059.42)

Postal Workers Case= 23 0 es 316.50 17.00 450.25 (116.75)

Hartman and HUAC Cases 341.07 29.37 6.75 363.69

Teachers Loyalty Oath Cases 241.64 4.12 166.20 339.55 72.41

Jack Owens. Gash 2 0o re en (1,049.38) 116.62 1,164.72 - (2,097.48)

Easter, Cross: Cases fi ae ee 95.65 i 4.85 90.80

' Shaver Case : (327.38) 33.11 108.75 4.90 { 190.42)

Goldberger Case... #22 6 pe SE) ee 48.50. 95.12 143.62

Customs Service Censorship Cases ................ ars 205.00" 11.87 a S193 4a

Total defense funds $6,349.75 $2,836.46 $1,309.92 $3,112.30 $7,383.83

OTHER FUNDS:

Beth Livermore Memorial Fund ................ $ 165.50 $ 165.50

Lawrence Sears Memorial Fund ...................- 495.00 495.00

Boyd Memorial Library Fund) ooo. -ccsccse-s.0e 357.59 $ oth $ 108.92 259.78

4@peration Corrections. == = 2 500.00 { $7,042.60 6,454.14 1,088.46

Total -other funds ==. 2 = $1,518.09 0x00A7- La $7,042.60 $6,563.06 $2,008.74

Total obligated funds ..... $7,867.84 $2,847.57 "$8,352.52 $9,675.36 $9,392.57

Questionnaire

Withdrawn in

Credentials Case

The case of Patrick Hancock,

whose application for a teaching

eredential was denied when he

declined to answer a _ special

questionnaire about his past

political activities, will come be-

fore the State Board of Educa-

tion at its. February meeting.

The Board was dissatisfied with

the hearing officer's decision

denying Hancock a _ credential

and voted to make the decision

in the case itself. At the same

time the Board voted to end the

use of the loyalty questionnaire

for credential applicants (the

Board had already voted not to

use it in credential renewals)

and not to deny a credential be-

cause of failure to answer the

questionnaire.

The action of the State Board

of Education is exactly in line

charge upon termination of his

service in the Standby Reserve in

December 1961. Ernest Besig is

counsel. 2

Three unrelated cases involving

members of the U. S. Army Re-

serve who face security dis-

charges for activities engaged in

after separation from active duty

following hearings in which they

were represented by the ACLU.

Ernest Besig is counsel in all

three cases.

Discharge of

Postal Worker

Upheld on Appeal

The United States Court of Ap-

peals for the District of Colum-

bia has upheld the dismissal of

Conrad C. Eustace from his posi-

tion as a postal clerk because as

| Senne nee H

Ask High Court to

Review Poland Case

On Jan. 30, a petition for cer-

tiorari was filed in the U. S. Su-

preme Court asking that the

Court review the conviction of

Jefferson Poland, Jr., for tres-

passing, arising out of his attempt

to distribute union literature to

agricultural workers in a camp

which the owners keep closed to

unauthorized visitors. The peti-

tion was prepared by volunteer

with the ACLU position in its

brief in the Hancock case. The

argument there made was that

the State Board had no legisla- _

tive authority to inquire into the

loyalty of credential applicants

or holders. It is the job of the

State Board to set up the pro-

fessional qualifications for teach-

ers, but as to their individual

suitability for employment, this

is the job of the school. district

which is considering employing

the particular teacher.

At its February meeting the

Board will presumably consider

whether Hancock is a person of

good moral character as required

by the Education Code. Hancock

has received high recommenda- .

tions from the persons who know

him and the Board's attorney

has not come up with any facts

-which would tend to refute this

showing.-M.W.K.

attorney Donald M. Cahen and

staff counsel Marshall Krause.

Poland was convicted in the

Manteca Justice Court and his

conviction was affirmed by the

Appellate Department of the San

Joaquin County Superior Court

without opinion. That court also

refused to certify the case to the

District Court of Appeal for fur-

ther hearing. This leaves only an

appeal to the U. S. Supreme

Court.

The petition states that two im-

portant points are involved in the

case which not only affect Poland

but which affect the 300,000 Mex-

ican workers brought into this

country annually and the large

mass. of domestic agricultural

workers whose employment and

wages are influenced by the wages

paid to the Mexican workers.

These points are whether a labor

camp holding hundreds of per-

sons can be isolated from persons

who wish to communicate infor-

mation about collective bargain-

ing, and whether an Executive

Agreement between the United

States and Mexico allowing labor

unions to represent Mexican

workers is violated by not allow-

ing unions to inform the workers

of this right -M.W.K.

ACLU NEWS

FEBRUARY, 1963

Page 3

Indigent Defendants

The U.S. Supreme Court has been asked to set aside a

twenty-year-old ruling that the courts need not appoint coun-

sel for indigent defendants in noncapital cases unless "spe-

cial circumstances" prevail. The American Civil Liberties

Union told the high court that its ruling is "out of harmony

with the due process and equal

protection clauses of the Four-

teenth Amendment." -

"Special Circumstances" Rare

- A friend of the court brief

filed last month noted that de-

spite the "special circumstances"

rule, counsel is rarely appointed

in noneapital cases, even when

requested. The rule concerns

age, intelligence and mental

competency.

"This unwillingness by state

courts to appoint counsel," the

ACLU brief said, "has led to the

conviction of apparently inno-

cent defendants."

Facts

The brief was filed in the case

of Clarence Earl Gideon, who

was arrested in 1961 and charged

with feloniously breaking and en-

tering a building in Bay County,

Florida with the intent to com-

mit a misdemeanor. Gideon

pleaded not guilty and asked the

eourt to appoint an attorney to

represent him. He was informed

by the presiding judge that this

is done only when a capital of-

fense is involved. The trial pro-

ceeded with Gideon acting as his

own attorney. He was found

guilty by the jury and sentenced

to five years imprisonment.

-A subsequent appeal to the

Supreme Court of Florida that

his rights under the Fourth,

Fifth, and Fourteenth Amend-

ments had been violated was de-

nied. The U.S. Supreme Court

agreed last June to review the

case this fall.

`Betts v. Brady

The U.S. Supreme Court's rul-

ing on appointment of counsel in

noncapital cases was made in the

ease of Betts v. Brady in 1942.

The ACLU said in its brief that

this decision can only be recti-

fied by requiring state courts to

provide counsel for all persons

aecused of crimes who are finan-

cially unable to retain their own

attorneys, no matter what de-

gree of crime is involved.

Today, the brief continued,

even if a state trial judge tried

in good faith to ascertain wheth-

er counsel should be appointed

he would be faced with highly

confusing and contradictory cri-

teria. Furthermore, it added, no

judge can predict the course of

a modern complex criminal trial.

In presenting arguments for

overruling Betts, the ACLU

noted that the "special circum-

stances" rule has clogged court

dockets with time-consuming

cases and caused many problems

of judicial administration, par-

ticularly in post-conviction pro-

ceedings.

Discrimination

While these and other practical

considerations are important, the

ACLU said, it stressed the fact

that the main consideration must

be that the present practice vio-

lates Constitutional guarantees

and, in effect, discriminates

against the poor.

The brief was prepared for the

ACLU by J. Lee Rankin, former

Solicitor General of the United

States during the Eisenhower Ad-

ACLU NEWS

FEBRUARY, 1963

Page 4

- rights,

ministration, and Professor Nor-

man Dorsen of the New York

University School of Law and

head of the Arthur Garfield Hays -

Civil Liberties Center there.

California Rule

Under California's Constitu-

tion courts are required to ap-

point counsel for indigents in all

cases. In some of the smaller

counties, however, indigent mis-

demeanants have had difficulty

in securing appointment of coun-

`sel.

Fourth Report

By Phila. Police

Advisery Board

The Police Advisory Board of

the City of Philadelphia which

hears complaints against mem-

bers of the Philadelphia Police

Department, based upon a charge

of brutality, racial or religious

discrimination, or violation of

state or federal constitutional

recently submitted its

fourth annual report.

" Critics Answered

"The four years of the Board's

operations have disproved the

charges of its critics," said the

report, "that a Police Advisory

- Board will destroy the morale

of the Police Department as the

officers will become timid

through constant surveillance by

a civilian board. The Federal

Bureau of Investigation Report

shows that Philadelphia has the

lowest crime rate per hundred

thousand population of the five

major cities in the United States

and that the rate of arrests for

crimes committed is the highest

in Philadelphia.

"The Board certainly does not

take credit for this outstanding

record, but the statement is pre-

sented to demonstrate that such

a civilian board can operate with-

out necessarily -having a detri--

mental effect on the efficiency of

the Police Department....

Unique Experiment

"The unique experiment of the

`Police Advisory Board' has been

a subject of great interest to po-

lice administrators, interested

citizens and civil libertarians.

Philadelphia has become the na-

tional focal point in this pro-

gram.

"It has been demonstrated

here that the centuries-old prob-

- Jem of police-community ten-

sions can be resolved when civic

leaders are willing to face the is-

sues involved instead of sweep-

ing them under the carpet.

Public Grievances Aired

"The Board has operated to air ~

the public's grievances against

improper police action and at the

same time to protect the police-

man from unfair charges. It is

far better for the community to

have a Board which impartially

hears and" resolves complaints

made against government repre-.

sentatives than to have these

complaints foster and breed con-

tempt for the government."

Copies of the report can be

secured from the Police Advisory

Board, 1321 Arch Street, Phila-

delphia 7, Pa.

v

Letiers ..e.

fo the Ector

CHRISTMAS CAROLS

Editor: I was interested to read,

in the newsletter for January, of

the ruling of Napa County's Coun-

sel on Christmas programs in the

schools of that area, that such

programs may be presented "so

long as the religious aspects of

such a program are not used pri-

marily as a means of religious

instruction or as a vehicle for

public worship.'"'.To this you add

that the superintendent accepted

this as permitting Christmas pro-

grams involving the singing of

"appropriate Christmas carols.

(Are Christological songs appro-

priate?)"

This is one of the few areas in

which I have differed from the

ACLU's positions, because I have

felt that a reliance on legal prin-

ciples cannot establish sound

guidelines for a period of Amer-

ican history in which a normal

Protestant tenor to public life is

being replaced by an accepted

`religious pluralism. Legal solu-

tions cannot produce the genuine

tolerance needed in this new sit-

uation, a tolerance born not of

indifference but of understanding

of differences and an acceptance

of mutual rights.

It seems to me the Napa Coun-

ty Counsel is on difficult grounds

here. He is attempting to deter-

mine whether a practice of the

public schools which grew out of

a Protestant era and out of a

Protestant desire to indicate the

positive regard of public educa-

tion for Protestant Christianity,

can be justified. He is right-as

is ACLU-in establishing that it

cannot be justified as a religious

act. If it belongs in the school, it

must be as a cultural activity

which has educational value. On

these grounds, he declares, it is

in place-and on these grounds

the superintendent proceeds. I

think they were right, and that

Christological songs are a neces-

sary aspect of this cultural phe-

nomenon, and therefore should

be included. :

This, to me, is the beginning,

not the end, of the matter. Such

a Christian program may be of

educational value, but I wonder if

it is of the most value in present-

ing Christian aspects of our cul-

tural heritage. And, if the

churches once accept the point

that such practices are legitimate

only as educational, and not as

worship or doctrinal, practices,

will they continue to support

them? These two questions put

the matter where it seems to me

it belongs-in the realm of educa-

tional theory and social tolera-

tion, not legal redress.

Thomas H, Lindeman, Fresno.

Civil Liberties

Class at U.C.

Extension

Coleman A. Blease, associate

in the department of speech at

the University of California, will

conduct an evening course in

"Political and Civil Liberties in

the United States" for Univer-

sity Extension this spring. The

class will meet on Thursday eve-

nings, beginning February 7, at

7:30 p.m. in 251 Dwinelle Hall on

the U.C. Berkeley campus. (c)

The course will cover the basic

problems of civil and `political

rights in the United States, in-

cluding problems on separation

of church and state, freedom of

speech and press, union rights,

security, political franchise, seg-

regation, privacy, and fair trial.

Further information and appli-

cation for enrollment may be ob-

tained from University Extension

in Berkeley or from the San

Francisco Extension Center, 55

Laguna St. (UNderhill 1-6833).

Visitors are welcome to attend

the first meeting of the class on

February 7.

| Seek Transfer of HUAC

To Judiciary Committee

Congressmen Roosevelt (Dem., Cal.), Farbstein (Dem.

N.Y.) and Lindsay (Rep., N.Y.) last month introduced resolu-

tions to discontinue separate existence of the House Commit-

tee on Un-American Activities and make it a subcommittee

of the Judiciary Committee.

Referred To Rules Committee

During the recent debate on

the House rules, Congressman

Roosevelt declared his resolu-

tion would "be referred to the

Committee on Rules and I am

happy to tell my colleagues that

the distinguished chairman of

the House Committee on Un-

American Activities Committee,

the gentleman from Pennsyl-

vania (Mr. Walter), has agreed

with me that he would join in a

request. that it be heard by the

committee. I am satisfied there-

fore this House will at a later

date be able to work its will on

this question. Those of us who

want this action to be taken will

have our day in court." |

Action Urged

Consequently, there is a pros-

pect of hearings by the Rules

Committee and a hope of a trans-

fer resolution going to the floor.

In the meantime, supporters of

the resolution have been urged -

to contact their own Congress-

men and ask them to introduce

New Guide for

Teaching C.L.

In High Schools

"A Program for Improving Bill

of Rights Teaching in High

Schools" is a must for social sci-

ence and government teachers.

Recently released by the Civil

Liberties Educational Founda-

tion, the publication first pre-

sents the major shortcomings in

the current teaching and then

charts a detailed new approach

to develop understanding and

responsibility for individual

rights in a free society. Sixty

pages tell "How To Do It."

Of incalculable value is the

outline for integrating the Bill

of Rights into a course on Ameri-

ean history. This consists of a

chronological chart of the his-

toric events in the growth of

freedom; from the Magna Carta

through `the Cold War, with illus-

trative material and commentary.

Leading constitutional cases fol-

low, with brief remarks high-

lighting their import. This sec-

tion is a gold mine of curriculum

materials and suggestions.

The entire study is the product

`of a workshop of leading educa-

tors and legal experts alarmed

that "education in the principles

of a free society is in a back-

water..." Their proposals

adopted will go a long way to

clearing up this basic trouble-

spot in education for democracy.

The office has a limited num-

ber of copies available at $1.65.

Please include your check or

money order with your order.-

J.H.

The first right of a citizen

Is the right

To be responsible.

AMERICAN CIVIL LIBERTIES

similar bills, besides testifying

in support of transfer before the

Rules Committee and to vote for

transfer if and when such a reso-

lution comes out on the floor.

1963 Membership

Drive Needs

Your Names

Have you answered the appeal

for names? NOW is the time.

People you recommend to sup-

port ACLU give a solid basis to

the membership drive. Yours is

the spade work-for a stronger

ACLU and a livelier Bill of

Rights.

After a year's absence, Mrs.

Zora Cheever Gross has returned

to direct this year's campaign.

With her well-known efficiency,

verve and experience, the ma-

chinery is rapidly shaping up.

She is participating in the Chap-

ter Conference, February 2 at

the Press and Union League

Club, to stimulate chapter ideas

and programs for building mem-

bership. Area chairmen will meet

with her for lunch, during the

conference day, to map out cam-

paign plans. Mrs. Gross will an-

nounce the opening date of the

drive and the main calendar of

events in the next issue of the

NEWS.

With your help and your

names, the coming campaign can

beat all records. There's no limit

to the proportions civil liberties

can take on. Give a thought to

the thousands of voters who said

"No" to Proposition 24. One or

another of them may be living on

your street or working with you.

Tell them about the ACLU. Send

in their names. Volunteer to help

- on your area committee - at

home - or in the office (if you

live near or close to S.F.).-J.H.

Louis Hartman |

Reindicted

Continued from Page 1-_

association. In addition an at-

tempt will be made to show that

the Committee was not acting

pursuant to a proper legislative

purpose but called Hartman as a |

witness as a part of its policy to

expose and punish those whom it

believes hold or have held un-

popular beliefs or associations.

Of course, the proper purpose of

a legislative committee is to ob-

tain facts helpful for proposed

legislation and not to harass or

expose those who do not or can-

not give such information. Sev-

eral additional defenses will be

interposed including new chal-

lenges to the indictment. Time

for trial or argument of motions

has not yet been set.-M.W.K.

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