vol. 29, no. 8

American

Civil Liberties

Union

Volume XXIX

Contributions Sought For

Southern Regional Office

The national office of the ACLU expects to open a

Southern Regional Office with headquarters in Atlanta,

Georgia, around September 1. A staff is now being as-

sembled. The cost of the first year's operation is esti-

mated at $40,000 and ACLU branches throughout the

eountry have assumed responsibility for raising the

necessary money.

At the present time, among ACLU's 34 affiliates are

ones presently organized in Texas, Louisiana, Florida,

Georgia, Maryland and Kentucky. But none exist in

Arkansas, Mississippi, Alabama, North and South Caro-

lina, Virginia, West Virginia, and Tennessee.

At a southern ACLU conference held in Atlanta

last May 16 to determine whether ACLU activity in

that region should be increased, the following resolu-

tion was adopted and referred to the national biennial

eonference:

"The southern conference regards as a major need,

the establishment of a regional office in the South,

which would concern itself primarily with litigative

work within the scope of the traditional ACLU activity.

The function of this office is to facilitate and coordinate

legal work in behalf of civil liberties in local commu-

nities; where such facilitation and coordination is not

possible, the lawyer in charge of the regional office

would directly participate in civil liberties litigation."

The biennial conference endorsed the recommenda-

tion of the southern conference "to strengthen ACLU's

defense of civil liberties in the South with civil rights

construed as an especially important and integral part

thereof," and the national board was urged to imple-

ment the recommendation "at the earliest possible op-

portunity."

At a meeting of the ACLUNC board of directors on

July 9, the proposal for a Southern Regional Office

was endorsed in principle and it was agreed to under-

take to raise money to support the project.

The office is confident that ACLU members in

northern California will be eager to support the South-

ern Regional Office. The critical need for the protection

of civil liberties in the South is apparent to all ACLU

members and needs no argument. Contributions should

be sent without delay to help meet this national prob-

lem. Send your contributions to the ACLU, 503 Market

St., San Francisco 5, Calif., and be sure they are ear-

ae for the establishment of a Southern Regional

Office.

Alameda County Civil Service

Ban on Politic

Activity Void

By Supreme Court

In a unanimous decision, the California Supreme Court,

on May 28, declared that a provision of the Alameda County

Charter prohibiting classified civil service employees from

participating in political affairs was unconstitutional. The de-

cision was handed down in the case of Dr. Joel Fort of El

Cerrito, who was removed as di-

SAN FRANCISCO, AUGUST, 1964

rector of the Center for Treat-

ment and Education on Alcohol-

ism because in April 1962 he be-

came chairman of a speakers'

bureau for the Contra Costa com-

mittee to reelect Governor Ed-

mund G. Brown.

Charter Provision

The Charter of Alameda Coun-

ty provides that "No person hold-

ing a position in the classified

civil service shall take any part

in political management or af-

fairs in any political campaign or

election, or in any campaign to

adopt or reject any initiative or

referendum measure other than

to cast his vote or to privately

express his opinion." That sen-

tence was declared to be uncon-

stitutional in its entirety.

Sweeping Prohibition

The court pointed out that "the

section applies not only to all ac-

tivities during a political cam-

paign which amount to mana-

gerial direction, for example act-

.ing as chairman of a campaign,

but, in view of the word `affairs'

is broad enough to prevent em-

ployees from running for public

office or from campaigning on

behalf of other candidates. The

prohibition is also of sufficient

breadth to apply to political ac-

tivity concerning all propositions

on the ballot, even including

measures which would directly

and personally affect the em-

ployee such as one relating to his

own salary or working conditions.

Because of the broad and gen-

eral terms of the section it is not

clear what additional conduct

may be proscribed, for example

membership in a political organi-

zation or attendance at political

gatherings, and likewise unclear

is the extent to which an em-

ployee is free to voice his opinion

on issues and candidates. The

only express limitation on the

sweeping prohibition is contained

-Continued on Page 3

Number 8

Release Without

Bail Project

To Start in S.F.

Last summer a meeting of AC-

LU attorneys held in the lounge

of the San Francisco Bar Associ-

ation heard a panel discussion

on the subject of the detention

in jail of persons charged with_

crimes prior to their trials. Such

detention was roundly attacked

as unnecessary, in conflict with

the presumption of innocence,

and as a means of forcing inno-

cent persons to plead guilty rather

than spend time in. jail before

their trials. The basic problem

seems to be that judges are very

inadequately informed concern-

ing the reliability of persons com-

ing before them who are charged

with crimes, and therefore tend

to require bail (which many de-

fendants cannot afford to post) as

a condition of release before

trial.

Basic Information

Experience in New York has

shown that if certain basic infor-

mation such as residence and em-

ployment records and family his-

tory is obtained, and checked out,

a judge is in a position to release

without bail persons who seem

to have roots in the community.

Such release is said to be on

one's own recognizance.

The Committee on the adminis-

tration of Criminal Justice of the

San Francisco Bar Association,

chaired by Irving F. Reichert, Jr.,

made a pre-trial release program

similar to the one in New York

its major project for the current

year and ACLU Staff Counsel,

Marshall Krause, was appointed

as Chairman of the Sub-Commit-

tee to carry the plan into opera-

tion. With the cooperation of the

San Francisco Foundation, which

gave an initial grant of $3,500.00

to the Bar Association, the proj-

ect is now ready to get underway

in San Francisco and has the

cooperation of the office of the

District Attorney, the Police De-

partment and the judges of the

Municipal Court.

First Director

William Hopper, a former pro-

bation officer, has been engaged

as the first director for the proj-

ect and it is expected that after

the initial rough spots are work-

ed out it will be financed by the

City and County of San Francis-

co under the Adult Probation

Department. Money saved by re-

duced costs in the City prison

and County jail will help to pay

the City back for any costs of

the program.

Mid-Peninsula Chapter

Boise Metal Sculptures

After a trial of 9 days, a San Francisco Municipal Court

jury in the courtroom of Judge Clayton Horn, voted unani-

mously on July 2nd that the owner of the Vorpal Gallery,

Michael Muldoon Elder, and a salesman, Michael Stafford,

were not guilty of offering for sale obscene works in display-

ing the metal sculptures of Ron

Boise. The trial was certainly

one of the most interesting in

the history of San Francisco with

famed art experts testifying

about all aspects of art from the

days of the Greeks till modern

times. By the time the case was

well underway it was commonly

referred to as an art seminar

rather than a trial.

Freedom To Create

The verdict of the jury, ac-

cording to the comments of some

of its members, was not on any

technical ground but directly on

the point which was emphasized

during the trial, namely: that art-

`ists must have freedom to create,

and love between men and

women is one of the traditional

subjects of art throughout the

ages. Thus, the defense argued,

High Court

Avoids Church and

State Issues

One of the recent actions of

`the U. S. Supreme Court was the

reversal of a decision of the,

Supreme Court of Florida up-

holding public school devotional

Bible readings and recitation of

prayers. As to "other questions",

however, the court dismissed the

appeal "for want of properly pre-

sented federal questions."

These "other questions" involv-

ed the constitutionality under the

First and Fourteenth Amend-

ments of baccalaureate services

in schools, a religious census

among pupils, and a religious

test for schocel teachers.

Justices Douglas and Black felt

that the matter of baccalaureate

services and the religious census

did not present substantial fed-

eral quetions, but they felt that

a religious test for school teach-

ers presents a substantial federal

question. In Florida, applicants

for teaching positions are requir-

ed to answer the question, "Do

you believe in God?", and reli-

gious attitudes are considered in

making promotions.

Mr. Justice Stewart felt that

the court should have heard ar-

guments on all of the issues.

Fourth Annual Champagne

Reception Sun. August 16

The Fourth Annual Champagne Reception of the Mid-

Peninsula Chapter of the ACLUNC will be held Sunday after-

noon, August 16 from 2 to 5 p.m. at the home of Mr. and

Mrs. Robert A. Klein, 100 La Sandra Way, Westridge, Portola

Valley. This is the third year that the Kleins have graciously

offered their beautiful home and

grounds for the reception.

Featured Speaker

The featured speaker at the

gathering will be Dr. John G.

Deutsch, visiting Assistant Pro-

fessor of Law at Stanford Univer-

sity. He will discuss recent U.S.

Supreme Court decisions in the

area of civil liberties.

Dr, Deutsch is a brilliant schol-

ar. He received his PhD in Politi-

cal Science from Yale University

in 1962 and his LLB from Har-

vard Law School in 1962. From

1962-1964 he served as law clerk

for Mr. Justice Potter Stewart of

the U.S. Supreme Court.

The Annual Champagne Recep-

tion has always been an outstand-

ing success and a larger attend-

ance than ever is expected this

year. A special attraction is the

swimming pool, which is avail-

able to those who bring their own

swimming suits and towels,

The Annual Champagne Recep-

tion is an ideal way to acquaint

persons with the activities of the

ACLU. It is open not only to

ACLU members but their friends

as well.

Donations Welcomed

Finally, since this is the major

fund-raising affair of the Mid-

-Peninsula Chapter, as usual, do-

nations will be welcomed.

Boise's scultpures of couples en-

gaged in love could not be found

to exceed contemporary stand-

ards in art nor could it be de-

nied that they had redeeming

social importance and, therefore,

were fully protected by the First

Amendment.

Police Testimony

The prosecution at the com-

mencement of its case was con-

tent to rely on the testimony of

police officers that they observed

the Boise sculptures at the Vor-

pal Gallery and decided that

there was probable cause of a

violation of the obscenity stat-

utes. They, therefore, arrested

owner Elder and took eleven of

the Boise sculptures off to city

prison with him, Later, salesman

Stafford was arrested along with

two more of the sculptures which

the police had overlooked on

their first visit. The defendants

were released on bail but the 13

sculptures remained in the cus-

tody of the police department un-

til the end of the trial when they

were triumphantly removed by

the defendants and Ron Boise.

Dr. Walter Horn Testifies

The first witness for the de-

fense was famed art historian,

Walter Horn (no relation to

Judge Horn). Dr. Horn, who

teaches at Berkeley and is a

former chairman of the Depart-

ment of Art, in a carefully docu-

mented presentation showed how

artists from the Greeks to our

present day have dealt frankly

and in detail with various aspects

of human love. Some 45 repro-

ductions were introduced in evi-

dence to illustrate Dr. Horn's

thesis.

Deeper Meaning

Dr. Horn pointed out to the

jury that the theme of a work of

art was not the only way in

-Continued on Page 3

Judge Violates

New Bail Rule

On July 1st the following rule

of the Judicial Council went into

effect: "The fact that a defendant

in a criminal case has or has not

asked for a jury trial shall not be

taken into consideration in fixing

the amount of bail, nor shall bail

once set be increased or reduced

by reason of such fact." The rule

was found necessary because of a

traffic court practice of increas-

ing bail demands to high amounts

to discourage jury trials for

minor criminal charges.

On June 1 the Judicial Council

had widely publicized the new

rule and sent a copy to every

municipal court judge in the

state. Yet on July 8 San Fran-

cisco Judge Elton Lawless, as de.

scribed in the editorial reprinted

elsewhere in the News, raised the -

bail of Clem Schallenberger from

$14.00 to $100.00, and. when

Schallenberger could not im-

mediately post this sum, Lawless

kept him in jail for 2% days.

When the ACLU learned of

this, we asked Judge Lawless if

he was aware of the Judicial

Council rule concerning bail. As

of the time this is written, no re-

ply has been received from the

judge. The ACLU was successful

in getting Schallenberger's

charge dismissed, but we are not

yet sure if we have been success-

ful in getting Judge Lawless te

follow the law.

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

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Metklejohn

Helen Salz

Rey. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Ralph B. Atkinson

Dr. Alfred Azeyede

Prof. Arthur K. Bierman

Leo Borregard

Rey. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Rey. Ford Lewis GENERAL COUNSEL

Rey. F. Danford Lion Wayne: M. Collins

Committee of Sponsors

Prof. Seaton W. Manning

John R. May

Prof. Charles Muscatine

Clarence E. Rust

John Brisbin Rutherford

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

Roger Kent

Mes. 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

Rt. Rey. Sumner Walters

Honorary Treasurer: _

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J. Eagan

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mes. Paul Holmer

- Mrs. Mary Hutchinson

Richard Johnston

Is This Crime Worth

Two Days in Jail? |

A San Franciseo motorist spent 60 hours in jail last week

because he wanted a jury trial on a minor traffic charge.

If this be justice, let mankind revert to protozoa and re-

develop along more reasonable lines though it take 20 mil-

lion years. :

Clem Schallenberger, the star in this sorry little drama,

got a ticket for a left hand turn at Oak and Stanyan Streets.

He felt the charge was unwarranted because the intersection

is "confusing," asked a court hearing and posted $14 bail.

When he appeared before Judge Elton Lawless, he asked for

a jury trial.

Judge Lawless then proceeded, in violation of a Judicial

Council rule, to raise the bail to $100. Schallenberger didn't

have it and served two and a half days before a friend

showed up with the money.

Judge Albert Axelrod dismissed the charge Thursday on

grounds that Schallenberger's jail term was sufficient ex-

piation for his offense.

Two things, neither very substantial, can be said in Judge (c)

Lawless' defense: (1) He was new in Traffic Court and the

rule forbidding what he did became effective only July 1

and (2) Lawless isn't the only judge guilty of such practice.

The United States Constitution forbids excessive bail, so

we must ask: Was Schallenberger's bail "excessive"? Well,

the fine for the violation is $8, so you can decide for yourself.

A similar case occurred in Contra Costa County in 1961

when a motorist accused of failing to observe a stop sign

had his bail raised from $11 to $263 when he asked for a

jury trial. There have been many other instances.

Again referring to Schallenberger's case, if $14 is enough

to insure appearance before a judge, it's enough to insure

appearance before a jury.

Bail is not a punitive instrument and should not be

turned to that purpose or any other except to insure an ap-

pearance in court.

We are aware of the problem of clogged calendars arising

from unnecessary jury trials, frivolously asked by unthinking

citizens. Judges certainly have the right-the duty-to dis-

courage them within reasonable limits and can do so by

warning the defendant that if he fails to show up after the

City has gone to the expense of mustering a jury he will be

held in contempt of court.

Schallenberger himself appears to have a pretty good

defense against the charge, but that has no bearing on the

fact that he spent two and a half days in jail on a charge

that falls considerably short of mayhem or murder.

The fact that the Judicial Council felt impelled to im-

pose its new rule is no compliment to the California judi-

eiary, or at least those members of it who have violated the

principle the rule sustains.

NOTE: The foregoing editorial appeared in the July 17,

1964 edition of the San Francisco News Call-Bulletin. It re-

lates to a case handled successfully by the ACLU of

Northern California.

Investigation

By ACLU Into

Sit-in Trials

The American Civil Liber-

ties Union of Northern Cali-

fornia announced on July 17

that it will provide funds to

allow a transcript of the trial

record in the case of Dr.

Thomas N. Burbridge to be

prepared fer appeal purposes.

The cost of the record is esti-

mated at from $600 to $1000.

Dr. Burbridge, president of

the NAACP in San Francisco,

was sentenced to nine months

in the county jail for partici-

pating in the April 11 civil

rights demonstration at the

Cadillac showroom on Van

Ness Avenue, San Francisco.

It was the stiffest sentence

thus far meted out to civil

rights demonstrators in San

Francisco. oS

The ACLU's action reflects:

its concern over numerous

complaints it has received of

the violation of civil liberties

in the current San Francisco

civil rights sit-in trials. These

complaints, among others, in-

clude claims of the systematic

1 exclusion of Negroes as jurors,

harassment of lawyers by

judges, unnecessary attend-

ance of defendants at the

trials, disparity of sentences

because of political reasons,

| and, of course, the shocking

sentence in the case of Dr.

Thomas N. Burbridge.

The ACLU makes no final

judgment on these complaints

at this time but its Legal Com-

mittee has begun a thorough

investigation into them. In

this connection, anyone with

information pertaining to

these matters is invited te

make it available to the ACLU.

Membership

Stands at

Record 5840

The membership of the

ACLUNC reached another record

high last month. As this issue of

the NEWS goes to press, there

are exactly 5840 paid-up members

and 182 separate subscribers to

the NEWS.

A year ago on July 31, there

were exactly 5382 paid-up mem-

`bers in the ACLUNC. Since then

there has been a net gain of 458

members. Also, for the first time

in the history of the branch, the

paid mailing list, including the

182 separate subscribers to the

NEWS, has gone beyond the six

thousand mark or exactly 6022.

New Legislative

Comm. Considers

Action on Prop. 14

Branch board chairman How-

ard A, Friedman has appointed

a Legislative Committee whose

immediate task is to develop a

program to help defeat Proposi-

tion 14, which would give State

constitutional sanction to racial

segregation. Chairman of the

committee is attorney Richard J.

Werthimer. Other committee

members are Ralph Atkinson,

Prof, James R. Caldwell, the Rev.

Ford Lewis, Mrs. Helen Salz, Mrs.

Barbara Steiner and Don Vial.

Also serving on the committee

will be chapter representatives.

Each chapter has been urged to

appoint one of its members to

the committee.

The Committee's first meeting

will be held Tuesday evening Au-

gust 4 at the home of Mrs. Helen

Salz in San Francisco.

ACLU NEWS

AUGUST, 1964

Page 2

ARGUMENTS AGAINST |

PROPOSITION No. 14

Here is a summary of the arguments against Proposition

14, which would provide that "Neither the state nor any

sub-division or agency thereof shall deny, limit or abridge

directly or indirectly the right of any person who is willing

or desirous to sell, lease or rent any part or all of his real

property, to decline to sell, lease or rent such property to

such person or persons as he in his absolute discretion

chooses."

1. Proposition 14 would freeze racial discrimination into

our State Constitution not only by repealing the Rumford

Act and all other fair housing laws, but by preventing any

further legislation in the field. is

2. While the rest of the country moves forward in the

field of race relations, California would be set back 100

years. This law would preserve the racial ghetto, the slum

area, and de facto segregation in public schools.

3. Laws similar to the Rumford Act have been in effect

in nine other states and have been successful in their op-

eration. Surveys in these states have shown that property

values have not decreased. :

4. The realtors' only argument for the law is based on

preserving the "sacred rights of property owners." This is

a myth? The courts have ruled again and again that when

personal property rights conflict with the public interest

they must be relinquished. This has been shown by zoning

laws, health laws, building regulations and pre-emption of

private property for public buildings and roads. The courts

have ruled that discrimination on the basis of race, cree

or national origin is against the public interest.

5. The law, if passed will prebably be declared uncon-

stitutional kecause it violates the equal protection guaran-

tees of the Fourteenth Amendment to the U.S. Constitution.

The California Supreme Court recently expressed grave

doubts as to the constitutionality of the Initiative. Unfor-

tunately, if the voters approve the law it could take years

before a court test could be completed. Meanwhile, racial

tensions and bitterness would increase.

6. In the first seven months the Rumford Act has been

in operation, the FEPC has announced it has worked smooth-

ly. Of a total of 97 complaints received, all but one were

settled through conciliation. Only one was brought to a pub-

lic hearing.

7. The passage of the Initiative would probably preclude

the State from receiving an estimated $268 million in Fed-

eral urban renewal funds as Federal law requires non-dis-

criminatory clauses in leases of property in urban renewal

areas. This could perpetuate slum areas in our state.

Mayer Passport Case

Test Oath Requirement

Vacated By High Court

The State Department's refusal to issue a passport to

Milton Mayer, Carmel journalist, because he refused to sign

a non-Communist oath, was sent back to the Washington,

D.C., Court of Appeals by the U.S. Supreme Court on June

23. In a brief order, the court vacated the trial court's judg-

ment upholding the State Depart-

ment and remanded the case to

the Court of Appeals for consid-

eration in light of Aptheker v.

to a test oath and "requires a man

to deny a crime with which he

has not been charged." He as-

serted that the State Department

Secretary of State, which was de-

cided the same day.

What Aptheker Held

The Aptheker case held invalid

a section of the Internal Security

Act of 1950 denying passports to

members of the United States

Communist Party and Communist

front groups. The 6 to 3 opinion

held that the statute was bad be-

cause it struck at innocent as well

as evil behavior. The decision

held that national security could

be protected by means "more dis-

criminately tailored to the con-

stitutional liberties of individ-

uals."

Non-Communist Oath

In carrying out its obligations

under the Internal Security Act,

the State Department incorpo-

rated in its passport application

form a declaration that "I am not

and have not been at any time

during the period of 12 full calen-

dar months preceding the date of

this application a member of any

organization registered or re-

quired to register under Section

7 of the Subversive Activities

Control Act of 1956, as amended."

At this point, the only organiza-

tion required to register is the

Communist Party.

Test Oath

In applying for a new passport,

Mayer refused to sign the fore-

going oath. He complained that

the requirement was tantamount

did not have reason to believe

that he was a member of an or-

ganization that was required to

register,

Requirement Continues

Since the passport provisions

of the Subversive Activities Con-

trol Act are invalid, it would

seem clear that the Department's

non-Communist oath may not rest

upon such an unconstitutional

law. The Court of Appeals, in the

light of the Aptheker case, would

appear to have little choice but to

declare that the oath is invalid.

That may take a little time, how-

ever, and, in the meantime, the

Department continues to require

the oath. Its local offices in

northern California have in-

formed inquirers that they have

received no new instructions

from Washington since the Mayer

decision.

Prof. Van Kennedy

Goes To India

Prof. Van Dusen Kennedy of

the University of California,

Berkeley, who was first elected

to the branch board of directors

in November, 1950, recently re-

signed. The last time Prof. Ken-

nedy left the board he went to

India on a sabbatical leave. This

time he will again go on sabbati-

eal leave for a year and will

spend it, as before, in India.

RON AND EMILIA BOISE

"Not Guilty' Verdict in

Boise `Obscenity Case'

Continued from Page 1-~

which it should be interpreted.

-One must also take into consid--

eration the deeper meaning of

the artistic expression, which

may require a sociological or his-

torical perspective, as well as the

technical ability and workman-

ship of the artist. Dr. Horn found

the theme of Boise's work not

unusual and the deeper meaning

one of tenderness and compas-

sion. Boise's craftsmanship was

agreed by all to be on a very

high level of accomplishment.

Expert On Oriental Art

The jury was also privileged

`to hear from Mrs. Catherine Cald-

well who lectures at Mills Col-

lege on oriental art. Mrs. Cald-

well was able to describe the

Hindu temples dedicated to the

sun god in India and their very

explicit frescoes on sexual

themes. These temples are cov-

ered by thousands of stone sculp-

tures of figures engaged in the

aet of love. The temples are

treated by the Indian Govern-

ment as an historical treasure,

and tourists are engaged to visit

them. Mrs. Caldwell also told the

jury that reproductions of these

sculptures are generally found

in most works dealing with the

art of India and that any person

interested in art history would

have to be familiar with the

seulptures on the temples. A

book of photographic reproduc-

tions of many of the sculptures,

the Kama Kala, was identified as

freely available in most book-

stores and libraries dealing with

art books.

Psychiatrist Testifies

Dr. Bernard Diamond, who now

teaches in the criminology and

law schools at the University of

California while retaining his

psychiatric practice, testified con-

cerning social attitudes toward

love and told the jury that the

depiction of love in art is an up-

lifting force in our culture. This

is because art adds to the stature

of anything it- treats in a serious

manner and this is especially

true of good art, which is how

Dr. Diamond characterized the

work of Ron Boise. A social atti-

tude toward love which makes it

cheap and unattractive is danger-

ous to good mental health, said

Dr. Diamond, whereas giving the

act of love more weight and mak-

ing it more important: by its de-

piction in art would make it less

likely that love would be treated

im a cheap or tawdry fashion and

thus enhance the mental health

of the community.

Artistic Value

Next came artist and Director

of the San Francisco Art Insti-

tute, Gurdon Woods, and Philoso-

pher Alan Watts, who testified

concerning the high artistic na-

ture of Boise's work and its value

in the community. When Alan

Watts was asked whether the

metal sculptures aroused his pru-

rient interests he stated that he

would just as soon make love to

a bicycle. Gurdon Woods told the

jury something of the technique

of modern sculpture in the

welded metal style.

Contemporary Standards

George Culler, Director of the

San Francisco Museum of Art,

gave impressive testimony con-

cerning contemporary standards

in the treatment of erotic themes

in modern art. Mr. Culler told

the jury something of the abso-

lute necessity of artistic freedom

for an artist to be able to create

the best art. He also praised

Boise's work as a fine example

of welded metal sculpture.

Other Defense Witnesses

It is only possible to give the

briefest description of some of

the testimony in this trial. Other

witnesses who gave valuable tes-

timony for the defense were the

artist, Ron Boise; art collector,

Michael Phillips; art gallery em-

ployee Dione Byrne; Harold Mar-

telle, a librarian from the Public

Library; and the defendants, Mi-

chael Muldoon Elder and Michael

Stafford.

Protecting Youth

When the defense rested the

District Attorney called, under

subpoena, the directors of the

DeYoung Museum and the Palace

of the Legion of Honor in San

Francisco, Jack McGregor, and

Thomas Carr Howe, respectively.

These men testified that they

would not exhibit the Boise

sculptures in their museums but

it became obvious that the thrust

of their testimony was that they

felt that the many children and

other unsophisticated persons

coming to their museums should

not be exposed to art of an erotic

nature. Both McGregor and Howe

testified that they would not ex-

hibit any work showing human

beings engaged in love, even

works of Rembrandt, Michaelan-

gelo and Picasso on these themes.

Closing Arguments

Closing arguments were made

by defense counsel Marshall

Krause and volunteer attorney

-his opinion.

Ban on Political

Activity Voided

Continued from Page 1-

in the phrase `other than to cast

his vote or to privately express

999

First Amendment Rights

"We are satisfied,' the court

concluded, "that, in the light of

the principles applicable to free-

dom of speech and the related

First Amendment rights, no

sound basis has been shown for

upholding a county provision

having the breadth of the one be-

fore us, which, as we have seen,

applies alike to partisan and non-

partisan activities and not only

to county elections but to all elec-

tions and which is not narrowly

drawn but is framed in sweeping

and uncertain terms that except

only the right to vote and to ex-

press opinions `privately.' "

ACLU Support

The ACLUNC supported the

appeal by filing an amicus curiae

brief which was prepared with

the assistance of attorney Arthur

Brunwasser, Fort was represent-

ed by Albert M. Bendich, former

staff counsel of the ACLU.

The ACLU's brief argued that

the County Charter violated. the

rights of employees under the

First Amendment,

MICHAEL MULDOON ELDER

Ephraim Margolin, and Judge

Clayton Horn carefully instructed

the jury concerning the Califor-

nia law on obscenity. The seven

men and five women retired and

reached a verdiet of "Not Guilty."

And so the Boise trial joins the

trials of "Howl" and Lenny Bruce

as victories for freedom of ex-

pression.

D.A. Stymies Police Censors

On Sunday, July 19th, artist Neil Stouffer decided that

Sausalito would be an ideal place to display his most recent

paintings in a portable art gallery which he sets up on the

side of his truck. He had just hung a few of the paintings

when Sausalito police officers took a look at his werk and

decided that he should be ar-

rested for displaying "obscene"

art. These sidewalk art critics

Developments

In Forstner

Beard Case

A seesaw battle to keep beard-

ed probation officer James A.

Forstner in his job continued

Jast month with a new ruling

from the District Court of Ap-

peal. This ruling was an order

granting a writ of supersedeas

which had the effect: of setting

aside the order of the Superior

Court that Forstner could stay

in his job pending an appeal.

No Hearing

The brief order did not state

any reasons for the Court's ac-

tion, but at a conference held at

the request of Forstner's attor-

ney, ACLU Staff Counsel Mar-

shall W. Krause, the justices

stated that the order was issued

not because they had decided

that Forstner should not remain

in his job pending an appeal, but

merely because they felt that the

order of the Superior Court

should have been obtained after

a formal motion rather than with-

out a formal motion.

On The Job

Meanwhile, Forstner remained

at his job at the San Francisco

Youth Guidance Center where he

has a case load of some ninety

juvenile offenders to supervise.

He has been back at work and

drawing salary since June 8,

1964. The City of San Francisco

argues that its notice of appeal

had the effect of preventing

Forstner from going back to his

job pending a decision on its

appeal. However, a special sta-

tute, Code of Civil Procedure Sec-

tion 1110b, gives the trial judge

power to make his decision effec-

tive immediately notwithstanding

an appeal.

Formal Hearing

`The next step in this involved

procedure will be taken on July

28 when Forstner again goes be-

fore Judge Karesh (this time on

a formal motion) to show that if

he is not returned to his job

pending an appeal he will suffer |

irreparable injury to his business

or profession. It would seem that

any professional person prevent-

ed from working suffers an in-

jury much greater than his actual

--loss of salary. He is not able to

work in his field and his skills

-get rusty, he loses contact with

his colleagues and is not able to

`keep up with the latest develop-

ments, and has no money coming

in until his appeal is finally de-

cided in his favor.

`Limited Tenure"

Pending a decision on the new

hearing, Forstner remains at his

job but in a "limited tenure"

capacity doing the same work at

the same salary. If Judge Karesh

again enters an order that the

appeal should not prevent Forst-

ner from going back to work, it

is expected that Forstner will be

retroactively returned to perma-

nent tenure status. Of course,

the City could then file its third

application for a writ of .super-

sedeas.

immediately closed the show, ar-

resting Stouffer and confiscating

his paintings.

No Fig Leaf

Only one of the paintings was

thought by the police to be "ob-

scene" but the others were evi-

dently seized as evidence. The

one which offended the police

showed a man and a woman ina

beach scene without clothes. The

man was standing in the fore-

ground of the picture a few feet

in front of the woman who was

lying down in the background.

The man was faithfully portrayed

without the benefit of a fig leaf

or other concealment of what

men look like without clothes on.

Protecting the Innocent

The most reporters and out-

raged citizens of Sausalito could

get out of the Police Department

was a statement from a sergeant

that "I wouldn't want my wife

and children to see them" (the

nudes). Fortunately, this is not

the standard allowed by the law

of California or the Constitution

of the United States, and, there-

fore, when Marin County District

Attorney Bruce Bales, heard

about the case he declined to

file a complaint against Stouffer

on the obscenity charge, and the |

Sausalito Police Department will

be saved from some embarrass-

ment.

ACLU Intervention

Artist Stouffer, who has had

shows of his works in Colorado

and Minneapolis, but has just

moved to California, had asked

ACLU Counsel, Marshall Krause,

to represent him in the trial. The

Sausalito police also charged

Stouffer with peddling without

a license which charge is still

pending but does not come with-

in the purview of the ACLU.

The recent trend of police ae-

tion in the field of art makes one

feel we are lucky perhaps that

Michaelangelo and other pre-

eminent artists have most of

their works on display in Eur-

rope, rather than subject to the

"judgment" of police officials in

the United States.

Marin Pot-Luck

Scheduled for

September 26

The famous annual pot luck

supper of the Marin Chapter

ACLU will be held Saturday,

September 26 at a new loea-

tion,-the grounds of Temple

Rodef Sholom, 170 N. San Pe-

dro Rd., San Rafael, which is

only a stone's throw from the

Marin Civic Center.

The program will concern

itself with Proposition 14, the

segregation amendment, and

the featured speakers will be

the Rt. Rev. James Pike of San

Francisco and Dr. Thomas N.

Burbridge, president of the

San Francisco branch of the

NAACP, who has recently

been very much in the news.

Complete details of the pro-

gram will be found in the Sep-

tember issue of the NEWS. In

the meantime, please reserve

the date of September 26 on

your calendar,

ACLU NEWS

AUGUST, 1964

Page 3

Results of 1964 Membershi

(March 15 - July 15)

NOTE: 1. Membership figures include family memberships. The totals, therefore, do not reflect the number of new

individual members.

2. Slight variations in figures given membership chairmen are accounted for by recent changes of address.

3. Cnly the names of chairmen and volunteers who undertook responsibility for the campaign within chapters

and specified areas are given. The volunteers who assisted them are too numerous to list. We are no less

grateful to them in helping to surpass the goal of 600 new memberships.

New Money

Chapter : Memberships Received

Berkeley/Albany/Kensington ....... 110 $ 830.00

Marin 5 se .. 26 212.00

Mid-Peninsula ................. 5. 10 629.00

Monterey . = 9). 6 oe ere 7 46.00

Mt Diablo =) 2. 2 eo 13 414.00*

Sacramento ......... Cee. Oe eZ 366.00

Santa Clara. 2. oe . 42 340.00

Santa Cruz... 023). Se eae 5 30.00

SfocktOn =... 28. ae, 7 56.00

Non-Chapter drive areas -

Miscellaneous

Buite County ........ ee 0 -0-

Fresn0.. 2 Soe 6 40.00

Hayward area ............ Soo ~. 720 186.00

Humboldt County ........... Ba oe 2 16.00

Modesto 2 ee a, "13 93.00

Napa area Si ee 92.00

Alameda/Oakland/Piedmont ....... .. 40 283.50

Redwood City/Belmont/San Carlos ... 5 46.00

Richmond/El Cerrito, etc. .......... 13 109.00

San Mateo County ........ ve ae 118.00

San Francisco ..... OS oe ee 8 898.25

Sonoma... 6. Ae: oie 79.00

Miscellaneous. ..2% 0 2 oe 6 ov 18 96.00

617 $4,979.75

*Includes a $300.00 contribution.

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch ACLUN_1963 ACLUN_1963.MODS ACLUN_1963.batch ACLUN_1964 ACLUN_1964.MODS ACLUN_1964.batch ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Karl Issel; Arnold Levy; Charles Tyner; Gerald Gerrans; Sylvia Newport; Mrs. Robert McCann; Mrs. Theodore Blumberg

***Susan Richards; Jean Hedley; Jack Warnick; Mrs. Keith Barnhardt; Mrs. Harold Snyder; Mrs. Gladys Brown; Eliott

Jacobs; Ann Mudge; Mrs. Rodney Surryhne.

New Subscriptions Money

p Campaign

Membership Chairman

. to News Received

10 $ 20.00

0 0

8 16.00

0 0

1 2.00

1 2.00

0 0.

0 0

0 0

2 4.090

3 6.00

2 4.00

2 4.00

1 2.00

0 0

3 7.00

1 2.00

1 2.00

0 0

8 16.00

0 0

8 16.00

51 $103.00

Sally Muse

Leah Wesley -

Gregory K. Sims

Robert Jones

Jean Jonas

Mr. and Mrs. Roger Walters

Roger M. Simons

Marvin Naman

Marjorie Phillips

Mr. and Mrs. Frank Ficarra

Ken Garcia

Jim Crockett

-0-

Jane Jackson

Jane Eger

Arthur Braito; Paul Robbins

Charles Ewing

Martha McMullen

**Team of Seven

Oscar Geballe

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

Sydney Dodge;

Barton Stillman

Anonymous Election Literature

Calif.

lentification

Law Voided

igh Court

On June 26th the California Supreme Court decided the

ease of Canon vs. the Justice Court which involved the con-

stitutionality of Elections Code, Sec. 12047. This section

makes it a misdemeanor to distribute pamphlets about a

eandidate for public office which

eharacter or political action un-

less the pamphlets contain in a

conspicuous place the name and

address of the printer and either

the name and address of the

chairman and secretary of the

organization issuing the pam-

phlets or the name and address

of some voter of this state who

is responsible for them.

Narrow Ground

The court decided the case on

the very narrow ground that pre-

venting persons who are neither

voters or parts of an organization

interested in distributing the

pamphlet from distributing such

pamphlets, is an arbitrary classi-

fication resulting in discrimina-

tion and infringing the right of

free speech of those who cannot

qualify.

Broad Challenge Rejected

The court declined to accept .

the broad challenge to the con-

stitutionality of the statute of-

fered in a brief of the American

Civil Liberties Union of North-

ern California, appearing amicus

curiae. This brief was prepared

with the assistance of volunteer

attorneys, George Duke and Mich-

ael Ohleyer. It argued that the

U.S. Supreme Court case of Tal-

ley v. California established a

constitutional right to remain an-

onymous, at least where a state-

ment is neither libelous nor

fraudulent. Section 12047 was not

limited to libelous or fraudulent

statements.

The ACLU also noted that the

ACLU NEWS

AUGUST, 1964

Page 4

reflect upon his personal

recent Supreme Court decision

in the New York Times case de-

cided that debate on public issues

should be "uninhibited, robust

and Wide-open and that it may

well include vehement, caustic

and sometimes unpleasantly

sharp attacks on government and

public officials.' The ACLU ar-

gued that many persons would be

inhibited from making such at-

tacks even if they were truthful,

if they had to disclose their

identities. The brief stated: "An-

onymity may be imperative for

the white attorney in Mississippi

who wishes to speak out against

a racist candidate. It may be

equally imperative for a real es-

tate broker in California who

wishes to publish material ad-

verse to a candidate who favors

the fair housing repeal initiative.

Or for the doctor who wishes,

without losing his hospital privi-

leges, to criticize a candidate for

re-election who opposes medi-

care."

Legislative Action

The ACLU brief had also ar-

gued the discrimination aspect

on which the court. based its de-

cision. Justice Raymond E. Pet-

ers, writing for the court, sug-

gested that the statute's constitu-

tional defects can easily be cured

by legislative action, and so we

may expect that a new statute

will be proposed at the next leg-

islative session to fill the gap

left by the voiding of Sec. 12047.

In such an event, the ACLU can

renew its arguments concerning

the need to protect anonymity.

Compulsory Police

`Line-Up' Is Unlawful

The U.S. District Court in Phil-

adelphia on May 19 granted a

preliminary injunction to certain

persons held in custody on crim-

inal charges to enjoin their be-

ing brought into a "line-up" for

possible identification by vic-

tims of similar crimes. The suit

was brought under the Federal

Civil Rights Act on a claim of

infringement of constitutional

rights.

Police Requirements

In a "line-up," the court

noted, "The suspect is asked to

speak and to walk about on a

platform so that his voice and

bearing as well as his appear-

ance may be made known to the

complainants. He is required to

appear with other suspects, al-

though the police insist that this

is done in order to minimize the

risk of mistaken identification.

He is subjected to the glare of

bright lights which blind him

from seeing the complainants,

although they may see him.

Active Participant

"All this goes beyond mere

observation. It makes the pris-

oner not simply an object of

custodial care by the prison au-

thorities, but rather an active

participant in police investiga-

tion, a role which a free man is

hot required to assume. The

confinement of the unbailed de-

fendant while awaiting trial is

a necessary restraint on his lib-

erty, but it confers no authority

on the police te take him into

their dominion to investigate

other possible offenses. ...

Material Distinction

"The compulsory `line-up' of

the unbailed defendant ...

amounts to a material distinction

between those who enter bail

and those, equally presumed to

be innocent, who do not. It is,

moreover, unrelated to the pur-

pose for which an unbailed de-

fendant is eonfined, to insure

his appearance at trial. Nor may

a court disregard the practical

effects of its judgment and ig-

nore the common knowledge that

the system of bail, based as it

is on financial ability, is weight-

ed heavily against the poor. This

is especially true in the great

urban areas where populations

are highly mobile and family

roots do not reach deep. The

friend or relative who formerly

tendered the security of a free-

holder has been largely sup-

planted by the _ professional

bondsman. He must be paid a

premium in all cases, and he

often requires cash or similar

security before agreeing to guar-

antee the appearance at trial of

a defendant who is personally

unknown to him. The theoretical

equality of the right to bail when

all are not financially equal has

thus become in reality a deep

and wounding social inequality,

increasingly oppressive to the

poor and the vagrant. It brings

to mind Anatole France's ironic

epigram that the law in its ma-

jestic impartiality forbids the

rich and poor alike to sleep un-

der bridges.

Equal Protection Violated

"It is clear, therefore, that

Sie

Telephone

Removal Case

Heard by P.U.C.

ACLU attorneys last month

spent two days at a hearing be-

fore the California Public Utili-

ties Commission listening to testi-

mony by Los Angeles police offi-

cers concerning the nature of the

bookmaking problem in _ that

~ community. This testimony came

in the case of Edgar J. Sokol who

is attacking a decision of the

Public Utilities Commission that

a communication utility is im-

mune from damages when it re-

moves a telephone without notice

or opportunity to be heard.

Mistaken Impression

Sokol's telephones were thus

removed on the mistaken impres-

sion that he was using them to

aid an illegal purpose. This was

proved not to be true at a Pub-

lic Utilities Commission hearing

held in 1961. Now the Commis-

sion is considering whether it

should allow Mr. Sokol to pro-

ceed with his action for damages

which is pending in the Superior

Court.

Attorney General Intervenes

The testimony concerning book-

making came at the insistence of

the Attorney General of Califor-

nia who is participating in the

hearing as an "intervenor." The

Telephone Company and the At-

torney General take the position

that if telephones may not be

removed without notice and hear-

ing and without an immunity

from damages in the event the

Telephone Company is wrong, the

bookmaking profession will

flourish,

Irrelevant Testimony

Sokol's attorneys objected to

this testimony as irrelevant to

the issue of whether the Tele-

phone Company could be immu-

nized from damages without de-

priving Sokol of his property

without due process of law in

violation of the 14th Amendment.

The argument of the Telephone

Company and the Attorney Gen-

eral seems very much like that

of the Police Department that

they cannot effectively fight

crime unless they are allowed to

use illegally seized evidence in

court and are allowed to ques-

tion suspects at length without

interference from the suspect's

counsel. It may be more con-

venient for the Telephone Com-

pany to be immune from dam-

ages for destruction of property

without notice or hearing, but

constitutional rights are not te

be sacrificed on the altar of

expediency.

there is substantial merit in the

plaintiff's claim that their in-

voluntary `lineup' would con-

stitute an invidious discrimina-

tion depriving them of the equal

protection of the laws guaran-

teed by the fourteenth amend-

ment."

The first right of a citizen

Is the right

To be responsible. "i

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