vol. 36, no. 9

American

Cuwil Liberties

Union ,

WS

Volume XXXVI

SAN FRANCISCO, SEPTEMBER, 1971

No. 9

Property Tax Discriminatory as

School Financing Method

The California Supreme Court has

held that the present system for finan-

cing public schools is unconstitutional

since it discriminates against the poor.

Basis for the ruling is that a majority

of school funds come from local prop-

erty taxes, remaining in the area which

collects them. This results in wide dis-

parities in revenue available between

districts.

For example, in Fresno, Parlier Uni-

fied District spends only about half as

much per pupil as does Coalinga Jt. Uni-

fied, even though their rate is nearly

twice as high, due to much lower valu-

ation:

Expenditure Tax Valuation

Per Pupil Rate Per Pupil

Parlier Unified

District = 2- $562.87 $3.93 $ 5,058

Coalinga Jt.

Unified Dist. ..$963.10 $2.17 $44,847

Therefore, as Justice Raymond Sulli-

van points out, "Affluent districts can

have their cake and eat it too; they can

provide a high quality education for

their children while paying lower taxes.

Poor districts, by contrast, have no cake

at all."

Although equalization aid and sup-

plemental aid have been used to offset

some of the inequities, wide differentials

still remain.

The Court agreed with the position

taken by volunteer attorney Mark Hayu-

tin in a friend-of-the-court brief for

ACLU of both Northern and Southern

California, that education should be

Now Is the Time to Come

To the Aid of Your Union

The approaching end of our fis-

cal year, in combination with much

new activity and many new programs,

brings into sharp focus our need for

completion of 1971 renewals. A large

number of you have yet to renew

this year. Please do it now. It is

needed. Thanks.

RENEW ... RENEW... RENEW

Draft Law

Constitutionality

Challenged

The U.S. Court of Appeals heard oral

argument September 14 by ACLUNC

Legal Director, Paul Halvonik, on a con-

stitutional challenge to the Selective

Service Act.

Paul was appearing as volunteer at-

torney, on behalf of Seattle attorney

William Hanson and the ACLU of.

Washington.

The case involves the conviction of

Robert S. Lumsden for failure to report

for induction into the Armed Forces.

His defense is the argument of the un-

constitutionality of the Military Selec-

tive Service Act of 1967 on three

grounds:

1) The Congress was never granted

the power to conscript men into the

Armed Forces by the Constitution;

2) Conscription violates the 13th

Amendment to the U.S. Constitution,

which prohibits slavery or other invol-

untary servitude;

3) The Selective Service Act deprives

men of liberty, property and possibly life

without due process of law, in violation

of the 5th Amendment.

Halvonik points out that, "White the

Constitution gave power to the Consress

to `raise and support armies' it gave no

power to conscript. Conscription moves

a man from a democratic community

into an authoritarian society, in which

the commanders have the power to order

men to kill and possibly be killed."

considered a fundamental interest pro-

tected under the equal protection clause

of the Fourteenth Amendment to the

U.S. Constitution.

Death Penalty

Opposition Grows

Latest results of the California Poll

show a substantial increase in public

opinion opposed to the death penalty

This reverses a decline in public opposi-

tion since 1965's high point.

While a majority still favor keeping

the death penalty for serious crimes

(58%), those favoring abolishing it have

increased by one third since 1969.

Groups who have increased the most, ac-

counting for nearly all the total's in-

crease are:

Young Adults (21-29)

Democrats

Liberals

Northern Californians

Protestants

The trend of public opinion on this

question since 1965 is:

Keep Capital Do Away No

Punishment WithIt Opinion

1971 58% 34% 8

1969 65 26 9

1966 54 30 16

1965 a1 39 10

State Legislature

Marijuana

De-Criminalization?

In a letter of congratulations to the

Co-Chairmen of the San Francisco Com-

mittee on Crime, ACLUNC Executive

Director, Jay A. Miller, announced that

the ACLU would be sponsoring legisla-

tion to de-criminalize the use and sale

of marijuana in the next session of the

State Legislature.

Miller, also indicated that the organi-

zation might bring a constitutional chal-

lenge in the Courts on the present mari-

juana legislation on the grounds of in-

vasion of privacy and equal protection.

Miller noted especially the Commit-

tee's suggestion that San Francisco could

set an example for the rest of the coun-

try by putting the lowest priority on en-

forcement of what he characterized as

"foolish laws that can't be fairly en-

forced" until such time as the State and

Federal laws have been repealed.

Berkeley-Albany Chapter

City Jail Rule

Changes Called for

The ACLUNC chapter of. Berkeley/

Albany issued an August report on the

Berkeley City Jail which recommended

rule or policy changes in 22 separate

areas. The report was based on a Spring

inspection tour made by the chapter's

Prison and Jail Reform Committee, ac-

companied by then Mayor-elect Warren

Widener. Included among the recom-

mendations were the following:

1) That lights in individual cells

should not be kept on continuously, as

: -Continued on Page 4

Merger With

National Approved

At its August board meeting, the

National ACLU Executive Commit-

tee approved the proposal for mer-

ger submitted to it by ACLU of

Northern California.

ACLU in Two US.

Supreme Court Cases

Military Uniform

Regulation Called

First Amendment

Violation -

ACLUNC Legal Director Paul Hal-

vonik has asked the U.S. Supreme Court

to hear a case challenging military regu-

lations which prohibit wearing of uni-

forms when exressing disapproval of ac-.

tions of U.S. troops.

Specifically, the regulation states:

"Air Force members will not wear

the uniform at any public meeting,

demonstration, or interview if they

have reason to know that a purpose

of the meeting, demonstration, or

interview is the advocacy, expres-

sion, or approval of opposition to

the employment of use of the Armed

Forces of the United States."

Halvonik points out that the rule does

not prohibit wearing uniforms to all

public meetings, only those where the

"wrong" ideas are expressed. `Under

present military regulations U.S. Army

Major James N. Rowe, dressed in uni-

form, and with the endorsement of Gen-

eral Westmoreland, dashes from media

appearance to meetings questioning the

loyalty and patriotism of U.S. Senators

McGovern, Fullbright and Mansfield.

Petitioners, on the other hand, may not

wear their uniforms to meetings ad-

dressed by those same Senators.

The court previously struck down a

similar regulation that permitted wearing

a uniform in a theatrical production on

the condition that "the portrayal does

not tend to discredit that armed force."

The court explained,

"(This regulation) which leaves

Americans free to praise the war in

Vietnam but can send persons like

Schacht to prison for opposing it,

cannot survive in a country which

has the First Amendment."

Cruel and Unusual

Punishment Ruling

Asked for

Death Penalty

The Supreme Court will be urged this

Fall to rule that Capital Punishment vio-

lates the Eighth Amendment, by Stan-

ford Law Professor Anthony Amster-

dam, appearing as volunteer attorney for

the ACLUNC and the NAACP Legal

Defense Fund, in the case of Aikens vy.

California.

Amsterdam states that the death pen-

alty, "affronts the basic standards of

decency of contemporary society. The

killing of a helpless captive is a brutally

degrading experience."

He points out the extreme rarity of

actual infliction of the death penalty

in the U.S., and the widespread aban-

donment of it in many states and coun-

tries around the world. This decline

is traced in the dwindling number of

executions during the following repre-

sentative years in the U.S.:

1930 - 155

1940 - 124

~1950- 82

1960- 56

1970- 0

The brief cites many studies and ex-

pert opinions who all agree, "Capital

punishment is ineffective in deterring

murder." (One such set of statistics is

included in page 4). Since it can hardly

be argued to be rehabilitive, its value

as a penal tool seems greatly in ques-

tion.

BULLETIN

The Supreme Court, now short two

Justices, has decided to delay hearing the

Death Penalty Cases until it is back to

full strength.

S.F. Street Artists Win in

Court, Lose on the Street

In spite of a court ruling striking

down the city's ordinance for licensing

peddlers, police continue to prevent S.F.

street artists from selling.

On September 10 Municipal Court.

Judge Axelrod declared Ordinance No.

869 unconstitutional because it sets forth

no standards for licensing and offers

no fair hearings. He was quite disturbed

that the police "seem to keep hassling

these people."

However, the week following the rul-

ing' the police continued citing and

threatening arrest of the artists. On Sun-

day, September 19, nine artists were

booked at city prison.

Volunteer ACLU attorney for the S.F.

Street Artists Guild, Bob Kantor (Keane

Kantor) reports, "My clients will con-

tinue to fight for their right to sell, which

the Court has upheld. They are willing

to go to jail if necessary to protest this

infringement on their rights."

Also active on the case is ACLU Legal

Director Paul Halvonik, successful de-

fender last Spring of the rights of street

musicians, namely the Mozart Two and

the Haydn Three (see picture). Halvo-

The battle won last Spring for these street

musicians, The Mozart Two (John Ber-

nard and Ken Cramer), continues for

' other street artists.

nik advises that since the City continues -

to harass the S.F. Street Artists, mean-

while refusing to appeal the Court de-

cision, "we are preparing injunctive ac-

tion to protect their rights."

The Guild is an organization of folk

artists and artisans who sell their crea-

tions on the street. Their work includes .

paintings, sculptures, leather work, jew-

ey, beads and the like.

TV Viewing Note

An hour special on Decisions of the

1970-71 California Supreme Court term

will be shown by KQED, Channel 9, on

October 12 at 10 p.m.

Moderator for the panel show is for-

mer ACLUNC Staff Counsel Marshall

Krause. Panel members are Paul Hal-

vonik, ACLUNC Legal Director; Jerry

Falk, attorney and ACLUNC. Board

Member; and Gerald Gunther, Stanford

Law Professor.

Letter from

The Editor

As should be obvious by a glance

at. this issue of the NEWS, a lot of

things are changing here at ACLUNC.

New staff . . . new, larger offices

. new programs. .

One of the big changes is our new

official. national affiliation, approved

by the National board at their Au-

gust meeting.

One of the effects of this change

is that some 5,000 of you are read-

ing this publication for the first time.

Since it is being issued by a new edi-

tor for the first time in its history,

many of the old readers may also

find it somewhat new and different.

In this spirit of change, I'd like to re-

quest that anyone with suggestions on

any aspect of the publication, please

contact me. We are very anxious to

learn how the NEWS can help serve

your ACLU needs better.

Editor's Background

Perhaps you would be interested in

my background before joining ACLU.

My work experience is in the adver-

tising field, as a writer, researcher and

account executive. for a couple of large

national agencies, both in Chicago and

San Francisco. Educationally I am a

journalist, with a B.A. from the Uni-

versity of Kansas and a Masters from

Northwestern University.

I am looking forward with great ex-

citement to the possibilities for advanc-

ing the cause of civil liberties through

an active public information program,

hopefully matching in time the effective-

ness of our top-notch legal and legisla-

tive programs.

We Need Your Help

ACLUNC news releases go to news-

papers, TV and radio stations through-

out Northern California. However, since

the staff is located in San Francisco,

we only see the items that make the

news here (and once in a while even

miss one here). Clipping services would

fill the need, but at a cost.

You could help keep us informed by

notifying us whenever you see or hear

a news report on ACLUNC activities:

Newspaper-Just clip the article, not-

ing the newspaper's name and date.

TV /Radio-Drop a note mentioning

the subject, station call letters and date.

Thanks very much for your help.

ACLU Office Space Expands

At a special meeting of the Board of Directors in August, authorization was

given for an expansion of office space for A

Suite 227 (next to our present space

room presently available. Besides providing

CLU's expanding staff.

) has been secured, giving over twice the

adequate space for permanent staff,

volunteers will now have space to work, without having to sit in halls. In addition,

a conference room will be included, which will be available for board and com-

mittee meetings.

The move into new quarters is planned for the last week of September.

Prisoner Rights Activity

ACLU Protests

Automatic Bail

Denial in

Angela Davis Case

The American Civil Liberties Union

of Northern California filed a brief Fri-

day, Sept. 17 with the California Su-

preme Court on the Angela Davis Bail

Request Denial, which questions auto-

matic denial of bail in capital cases.

In Miss Davis' case, a probation de-

partment and trial judge have found that

her release on money bail will reason-

ably assure her presence at trial. None-

theless, she is being held in custody.

According to ACLUNC Legal Direc-

tor Paul Halvonik, "this categorical de-

nial of pre-trial release in capital cases,

when the judge is satisfied that condi-

tional release will assure court presence,

clearly undermines the presumption of

innocence in violation of the Fourteenth

Amendment to the U.S. Constitution."

Halvonik points out that such pro-

cedure resulted in black militants Huey

Newton, Bobby Seale and Erika Huggins

spending years in jail, only to be acquit-

ted or have charges dropped. "If the

simple lodging of a capital charge can

result in unconditional incarceration,

then we have given government a neat

and unrestrained tool for isolating and

punishing the politically disfavored."

Inmate Right

Right to Publish

Defended :

The right of a prisoner to publish was

argued before the California State Su-

preme Court by ACLUNC on September

1. Representing death row inmate Na-

than E. Eli in the case was Paul N.

Halvonik.

In question is the prison system's at-

tempt to take 25% of royalties from

publication of prisoners' manuscripts.

The ACLU contends that this Depart-

ment of Corrections Rule violates not

only the rights of prisoners to speak,

but the right of the public to hear as

well.

Besides this challenge to the First

Amendment's protection of freedom of

expression, the ACLU feels the 25%

rule is an unlawful confiscation of prop-

erty that results in an infringement upon

the Fourteenth Amendment guarantee of

equal protection.

Halvonik points out that no longer

does the concept of 1871 hold force:

"He (the prisoner) is for the time being

the slave of the State." Instead, today's

rulings, as with Caryl Chessman's book,

hold that: The state "owns no property

in the creativity of the incarcerated per-

son."

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, Californa

Bill Kane . . . Editor

593 Market Street, San Francisco, California 94105, 433-2750

Subscription Rates - Two Dollars and Fifty Cents a Year

Twenty-five Cents Per Copy

Your Nominations, Please

Elections to the Board of Directors

of the ACLUNC of members at large is

governed by a section of the By-Laws

which provides that "Every year, the

September issue of the ACLU News shall

carry an invitation to the Union's mem-

bership to suggest names to the nominat-

ing committee, and such names must

reach the Union's office not later than

September 30 in order to receive consid-

eration."

The Board has a maximum member-

ship of 30 members at large who are

eligible to serve two consecutive full

three-year terms, after which they be-

come ineligible for one year. The terms

of the 30 members at large are staggered

so that ten offices become vacant each

year.

This year, of the nine incumbents

whose terms expire next February 29,

four are eligible for re-election. Of these,

Sidney Wolinsky is filling an unexpired

half-year term; Robert O'Neil and Mich-

ael Traynor are filling unexpired two-

year terms; and David Loeb is complet-

ing one three-year term. All four men -

are now eligible for election to three-

year terms.

Since Albert Bendich, John Edwards,

Ephraim Margolin and Emily Skolnick

have all served two three-year terms,

they are not eligible for re-election. Con-

sequently, these four vacancies are to be

filled. Chairman Howard Jewel's term

also will expire, but under the By-Laws

an incumbent chairman may serve for

nine years. He has served six. Mr. Jewel

has not yet indicated his decision on ac-

cepting re-election as chairman.

John Searle, whose first term would

expire February 28, 1973, has resigned

because of a teaching assignment abroad.

His resignation creates a one-year term.

The By-Laws also provide that "in ad-

dition to the foregoing method of pro-

posing names to the nominating com-

mittee, members may make nominations

directly to the Board of Directors in the .

following manner: Not later than Janu-

ary 2 of each year, nominations may be

Halt Called for

In Prisons Reading

Inmate/Lawyer

Letters

Until April 20 of this year, lawyers

and their imprisoned clients were al-

lowed to communicate confidentially

with one another.

rector of Corrections, Raymond Procu-

nier, deciding that the privilege was be-

ing abused, promulgated new rules abol-

ishing it. Today, prison officials, rou-

tinely read all correspondence between

inmates and their lawyers.

The American Civil Liberties Union

has filed a brief in the State Supreme

Court, signed -by Los Angeles and San

Francisco lawyers, urging that Court to

halt the new policy. The Bill of Right's

guarantee of the right to counsel, the

ACLU contends, is violated when prison

officials review exchanges between law-

yer and client.

Under current law, verbal communi-

cations between lawyer and client are

confidential. When an attorney visits

his client at a prison, prison officials are

prohibited from listening to their con-

versation. "Then why,' asks ACLU

attorney Paul N. Halvonik, "should they

be able to read my mail? If I go to San

Quentin to visit a client, the authorities

have to provide-me room for private

consultation. It lessens their burden if

I communicate by mail and Id like to

relieve them of the additional burden of

reading my mail. They should have the

power to inspect my letters for tangible

contraband and nothing more. If the

state began reading exchanges of cor-

respondence between corporate clients

and their lawyers, the courts would stop

-Continued on Page 3

But California's Di-

submitted by the membership directly

to the Board of Directors, provided each

nomination be supported by the signa-

tures of 15 or more members in good

standing and be accompanied by a sum-

mary of qualifications and the written

consent of the nominee."

Please send your suggestions for Board

members at large to ACLU, 593 Market

Street, San Francisco, California 94105,

before September 30, giving as much

biographical information about your can-

didate as possible. In making your sug-

gestions please bear in mind that Board

members must be ready to defend the

civil liberties of ALL persons without

distinction; that they are required to at-

tend noon meetings in San Francisco the

second Thursday of each month except

August, serve on committees and, of

course, must be members of ACLU of

Northern California.

The nominating committee, to be ap-

pointed by Chairman Howard H. Jewel

at the September 9 Board meeting, will

be composed of two Board and three

non-Board members.

(Editors Note: Since By-Laws timing

' was based on assumption of September

1 issue date for NEWS, and present is-

sue is being published in late September,

board member suggestions will be accep-

ted until the end of October.)

"Pentagon-Papers' Decision

Reprints Available

An 8-page reprint of the text of

the decision on the classic First

Amendment "Pentagon Papers" case,

United States v. New York Times/

Washington Post, is available without

charge through the good offices of

fellow ACLU member Bernie Moss.

For small quantities (5 or less),

order through the ACLUNC office;

for large quantities order direct from:

Bernie Moss

Graphic Arts of Marin

2670 Bridgeway

Sausalito, Ca. 94965

332-3153

ACLU Requests

Prison Probe

Following the August 21 violence at

San Quentin in which 3 inmates and 3

guards were killed, the American Civil

Liberties Union of Northern Califor-

nia has called for an investigation by

the California Legislature.

At an August special meeting of the

Board of Directors, great concern was

expressed over the killings which have

occurred, the conflicting reports of

events and the threat to civil rights of

policy changes made by prison officials.

ACLU Executive Director Jay A.

Miller stated, "Most details of this tragic

event remain rumors. Only a prompt

and full-scale investigation by the Legis-

lature into the conduct and conditions

in the California prison system can bring -

the full facts to public attention."

The ACLU expressed particular con-

cern on three points:.

1. The suspension of the constitu-

tional right to the effective assistance

of counsel caused by the isolation of all

San Quentin prisoners from their at-

torneys and announced restrictions on

the mechanics and frequency of any fu-

ture communications;

2. The announced changes in prison

policy which remove prisoner civil

rights such as access to mail, publica-

tions and visitors;

3. The urgent need for guaranteeing

the physical security of both prisoners

and prison guards, and for remedies for

the tensions underlying the repeated epi-

sodes of violence. :

The ACLU Board directed its staff

to press for an immediate investigation

by legislative committee.

SEPT. 1971

ACLU NEWS -

Page 2

News from the Chapters

San Francisco Chapter

Council Receives

Chapter Status

At the September Board of Directors

meeting, the ACLUNC unanimously ap-

proved making the SF Council into a~

Chapter.

In taking this action, the board gave

recognition for the many activities of

the group since its formation only two

years ago. Much effort has centered

on public educational activities, with

public meetings on Legislation, Law En-

forcement, Pornography, Marijuana and

Student Rights.

The SF Chapter's Committee on Civil

Liberties and Organizations has stepped

into the job discrimination picture, con-

ducting a survey among SF employers

and setting up machinery to assist per-

sons wishing to bring employment com-

plaints to the NLRB, Fair Employment

Practices Commission, Human Rights

Commission, or other group having ap-

propriate authority.

Nominations for

Board of Directors

Nominations are now being accepted

for election to the Board of Directors

of the San Francisco Chapter. All

ACLUNC members in good standing

who live or work in San Francisco and

desire to become directors should sup-

ply the following information in writ-

ing before October 19 to Ronald Sip-

herd, 3025 Van Ness Avenue, S.F.

94109:

1-A statement that the writer wishes

to be nominated and will serve as a di-

rector if elected.

2-A brief listing of the writer's quali-

fications in the field of civil liberties.

3-A statement of up to about 50

words indicating the aims, policies, and

activities the writer advocates for the

San Francisco Chapter.

Elections will take place in November

at a time and place to be determined.

Gay Lib License Plates

Recognition of the S.F. Chapter's ef-

forts for the Gay Lib came in Herb

Caen's S.F. Chronicle column of Septem- .

ber 15: "S.F.'s Richard Gayer tried to get

license plates `SIR 9' and was turned

down by Motor Vehicles for `Connota-

tions offensive to good taste and decency'

(SIR, the Society for Individual Rights, is

a homophile organization). Ronald Sip-

herd of the ACLU, taking up the cudgies

for Gayer, snaps `This has to be one of

the most obscure reasons for taking of-

999

fense in history'.

Oakland Chapter

Donut Fund

Raiser Planned

The Oakland Chapter has underway

a $1,100 fund raising campaign.

Mr. Frank Hunt of Hunt's Quality

Donuts, located in the Hamlet at the

MacArthur-Broadway Shopping Center,

has made available for sale 1000 dozen

donuts, with all proceeds going to our

chapter.

We have printed up 1000 tickets, each

redeemable for one dozen of Hunt's fan-

cy cake donuts. The tickets are good

through December 31, 1971 and will

cost $1.10 each, the regular price for

one dozen donuts. :

You can help finance our chapter for

the next year by eating donuts and sell-

ing tickets to a few friends. You may

call any of the following people for tic-

kets:

DAYTIME HOURS

Raymond and Eleanor Abrams

3501 Oak Knoll Boulevard

Oakland, Ca. 94605

569-0498

Darl Crawford

1041-104th Avenue

Oakland, Ca. 94603

562-9703

EVENING HOURS

Stuart Blumen

23 Montell Street

Oakland, Ca. 94611

652-2606

Charles and Mary Pezzotti

78 Fairview Avenue

Piedmont, Ca. 94610

OL 8-0478

If you want to aid in distributing 10

or more tickets on consignment, call

any of the above members. If you can

`use less than 10 tickets, send your check

to any of the above members at $1.10

per dozen donuts desired.

Staff Hired for Death Penalty Campaign

Deborah is a recent graduate of Boalt

Hall and served last summer as a legal

intern here at ACLUNC. She has taught

several years previously in Illinois at both

the high school and college levels, fol-

lowing her B.A. at Northwestern and

Masters at Illinois Technical Institute.

SEPT. 1971

ACLU NEWS

Page 3

With a $15,000 National ACLU grant

matching the $15,000 ACLUNC has

committed, staff has now been hired to

implement our one year push to abolish

capital punishment. Don Fields has

joined us as Coordinator for the project,

while Deborah Hinkel is our Staff Coun-

sel.

Don has been active in Northern Cal-

ifornia political circles for a number of

years as a campaign organizer for both

propositions and candidates. He is cur-

rently finishing up a Masters thesis at

San Francisco State College in Political

Science.

Letter to the Editor

Amsterdam Rebuttal

Gentlemen:

As a long-time member of the ACLU

I would like to reply to Mr. Amster-

dam's article on capital punishment.

Contrary to Mr. Amsterdam's state-

ment that "there is no longer any ra-

tional ground for debate" I would sug-

gest that the question of capital punish-

ment is far from resolved and that the

turgid prose of the lead article does little

to further its author's cause. Since the

article is divided into three sections

let's examine them in the sequence

which Mr. Amsterdam has chosen:

1. First of all it is NOT "an evident

fact that capital punishment will be abol-

ished in the United States within rela-

tively few years." Congress and state

legislatures have repeatedly rejected bills

abolishing capital punishment. If such

bills had been passed there would be no

need to go to the courts.

Moreover, the general public is even

more vehemently opposed to abolition

than the legislators and, if anything, de-

mand harsher treatment of criminals

and broader and swifter application of

the death penalty. It is quite possible

that with the continuation of random

bombings and other civil disturbances

there will be greater pressure on state

legislatures to extend rather than con-

tract the death penalty. I would remind

you that while the nation was shocked

by the killings at Kent State, the resi-

dents of Kent's only regret was that the

guard didn't kill more and Mayor Daly

was re-elected by a landslide.

Unlike Mr. Amsterdam, the inmates

on Death Row are not looked upon as

"poor souls" but as dangerous men -

killers, - by the general public (a gen-

erality which I believe can be substan-

tiated). In the box above the article it

states that Colorado killed Luis Monge

-conveniently omitting who Luis Monge -

Killed.

2. Secondly, the limited number of

those sentenced to death can be viewed

in a far different light from that posited

by Mr. Amsterdam. Society has taken

into account causal relationship through

a system of graduated charges which

`range upwards from accidental death

or involuntary manslaughter through

second degree murder - reserving the

death penalty only for first degree mur-

der in nearly all states outside the south.

Even in cases of first degree murder

juries may commute the death sentence

to life imprisonment. There are an im-

pressive number of appeals available

and commutation is possible at any step

in the process. I believe all states have

a review of death sentences before exe-

cution takes place.

No prisoner has the merits of his case

more closely scrutinized than the man

condemned to death. Mr. Amsterdam ap-

parently hates our entire criminal pro-

cesses which he claims are biased, ar-

bitrary, and discriminatory. This is his

perogative and I'm sure that there is

some truth in all his charges but I would

suggest that in no other society on earth

are the poor, the powerless, the socially

or politically unacceptable, and the

minorities accused of a capital crime ac-

corded greater respect for their persons

or rights or given greater latitude in their

defense or appeals.

The very fact that there are so few

who, after exercising their rights and

appeals, are finally sentenced to death

should indicate a process based on delib-

eration and judgment by both juries and

judges. The limited number of men so

sentenced, far from invalidating the pen-

alty, is its justification.

3. The third and final point of Mr.

Amsterdam's argument is that capital

punishment "cannot conceivably serve

any legitimate social function." .

It may very well be retribution even

if the state rather than the injured party

acts as executioner. To my knowledge,

no one has ever surveyed the victims

of those to be executed and asked their

opinion. In fact, the victims and those

survivors who must patch their shattered

lives together are seldom accorded the

compassion lavished upon the Killers.

Retribution - collective vengeance is

accorded all societies both historically

and morally.

But retribution aside - capital pun-

ishment serves a very legitimate social

function. It removes from society, per-

manently, those who have demonstrated

they are too deadly to live with their

fellow man. That society has the right, in

`fact, the obligation, to execute those men

who coldly, deliberately, in full posses-

sion of their faculties kill their fellow

citizens.

The ultimate power is the power to

kill. If I can take your life but no man

can take mine then even in prison I am

more powerful than the collective "you"

for I have done what you cannot do. It

is unfortunate that some men kill other

men in our society with a cold malice or

total indifference which terrifies the rest

of us. If the collective "we" cannot pro-

tect us from such men the whole fabric

of our society (and all societies) falls

apart.

It is not the "American government's

mindless penchant to resort to violence

rather than to reason," but rather its

defense of reason and the social fabric

against the mindless violence perpetrated

on its citizens which requires capital

punishment. If there were no killers there

would be no executioners.

It's unfortunate that there are men so

dangerous that they must be killed. Such

men are found in all societies past and

present and Mr. Amsterdam's appeals to

"reason" appear to have had little effect

on either the killers or those they've

killed and whose families they've de-

stroyed. Execution may be replaced by

pre-frontal lobotomies or drug-induced

personality changes may reduce such

men to harmless vegetables but until

some procedure, other than prison, is

adopted such men must pay the supreme

penalty for their crimes.

Gerald A. Rose, Oakland

Other Staff News

Joining the Death Penalty Staff as

secretary is Donna Diepen, who has been

our Membership Secretary. Replacing

Donna is Marielle Lipscomb, who

comes to us from ACLU in Washing-

ton, D.C., where she served as Admini-

strative Assistant to the Executive Direc-

tor. Prior to this she had been Member-

ship Secretary for the Public Affairs

Book Club. Marielle graduated from

George Washington. University with a

B.A. in English.

Leaving our ranks for the peace and

quiet of the Russian River, is a long-time

friend of many of you, Carol Weintraub

Weser, our Chapter Director. While we

will all miss Carol, our good wishes

and envy go with her on her trip into

domesticity and the social whirl of

Monte Rio.

Jay Miller plans to double as Chap-

ter Director, using the opportunity to

establish a close working relationship

between staff' and chapters. Pam Ford

will be assisting by handling the inside

work (i.e. correspondence, memoran-

dums, etc.) while Jay is in the "field."

Serving as full-time bookkeeper is

volunteer James Atkinson, who has been

helping us for a couple of years in Mem-

bership. Title changes to reflect reality

find Paul Halvonik as Legal Director

and Charles Marson as Staff Counsel.

Introducing himself to you in a column

on page three is our new Director of

Public Information, Bill Kane.

Lawyer/Inmate

Continued from Page 2-

the practice instantly. They should act

just as promptly here. In a society with

equal justice under law, my clients and

I are entitled to the same constitutional

protections corporations enjoy."

The ACLU brief, filed in support of a

suit brought by Folsom inmate Robert

Jordan, notes that Superior Courts in

various counties have divided on the is-

sue of confidential lawyer-prisoner let-

ters and urges the Supreme Court. to set-

tle the controversy expeditiously.

Death Penalty

Fails as Deterrent

Many studies and much expert testi-

mony attest to the failure of the death

penalty in preventing crime. One reveal-

ing set of data are murder rates by state,

which show that among the five states

with the lowest rate, all but one have

abolished the death penalty, while all five

with the highest rate still retain the death

penalty.

Murder

Number of Min 1968 Method

Top 5 Executions Rates 190 Death Penalty

Georgia | 36 is Electrocution

S. Carolina ee 13. % Electrocution

Florida 70 TaD) Electrocution

Alabama 135 11.8 Electrocution

Texas 297 10.6 Electrocution

Bottom 5 :

Minnesota - Oe. 2.2 Abolished 1911

Wisconsin 0 2.2 Abolished 1853

lowa 18 1.7 Abolished 1965

New Hampshire 1 1.4 Hanging

North Dakota 0 1.1 Aboianed 1915

Among the 15 states with the lowest

murder rate, nine have abolished the

death penalty; only one of the states

abolishing the death penalty is among

the 15 states with the highest murder

rates.

Complaint Bureau

Volunteers Needed

Beginning October 1, ACLUNC

will formalize its public "face." Fran

Strauss, a long-time ACLU member

(who once served on the staff of

ACLU-Illinois) has agreed to help

set up and coordinate a "complaint"

or "screening" department for the

office. She will work three days a

week as a volunteer, recruiting two

or three other volunteers to staff the

office. Each will work a minimum

of two days a week. -

Duties of volunteers include re-

ceiving all phone, personal and mail

requests for aid, then steering them

to the proper agency, whether ACLU

or other. Our legal staff will train

volunteers on a data collection pro-

cedure that will enable us to greatly

reduce attorney staff time on this ac-

tivity, allowing us to increase both

our efficiency and the volume of

cases we can handle.

If you'd like to help in the Com-

plaint Bureau, call Pamela Ford

after October 1 at 433-2750.

Asilomar.

Development

Conference

ACLU of Northern California was

well represented with 14 delegates (plus

assorted wives and kids) at the Western

Regional Development Conference held

by National ACLU September 11-12 at

Asilomar Conference Grounds, Pacific

Grove, California.

Subjects covered ranged from Fund-

Raising, lead by our Executive Director

Jay Miller, to. Legislative Programs, to

Membership Systems, to Promotional

Material, to Chapter Development. Top-

ics were interesting, the company was

congenial and: the weather was_beauti-

ful. A profitable time was had by all.

Attending from ACLUNC_ were:

Board Chairman, Howard Jewel (and

wife); Staff: Jay Miller, Paul Halvonik,

Bill Kane, Marielle Lipscomb and Don

Fields (and family); Chapters: Bernard

Carpenter (Oakland), Bernard Kalve-

lage (Santa Clara), Lisa Kalvelage (San-

ta Clara), Larry Sleizer (Mid-Pen),

Marlene Levenson (Mid-Pen), Jerry

Tucker (Sonoma), Ron Sipherd (San

Francisco), and Stan Stevens (Santa

Cruz).

SEPT. 1971

P age 4 ACLU NEWS

a"

STATE OF CALIFORNIA

RESOLUTION

Of the Senate Rules Committee

By Senator George R. Moscone

RELATIVE TO THE RETIREMENT OF ERNEST BESIG

AS EXECUTIVE DIRECTOR OF THE AMERICAN CIVIL

LIBERTIES UNION OF NORTHERN CALIFORNIA

WHEREAS, Ernest Besig will soon retire after some 37 years as Executive

Director of the American Civil Liberties Union of Northern California (ACLUNC);

and

WHEREAS, Born in Ravena, New York, May 30, 1904, he graduated from

Cornell University, received his law degree from that institution, and was admitted

to the New York Bar in 1929; and"

WHEREAS, Mr. Besig came to California to serve as Executive Director of

the Pasadena Mexican Settlement Association, and in 1934, while serving with the

American Civil Liberties Union of Southern California, he was called to the Bay

Area during a crisis of labor unrest and lawless action, to safeguard civil liberties

and to stimulate protection of such liberties by the police; and

WHEREAS,

In 1935, he was a founder of the ACLUNC and became its

Executive Director and, fighting with unswerving courage, dedication, and perser-

verance to protect and extend civil liberties for all people, he has been a | colorful

and controversial figure; and

WHEREAS, Mr. Besig led the ACLUNC in establishing the right of labor

to organize and picket peaceably and in its successful opposition to anti-labor vigi-

lantism, and he successfully led the ACLUNC in challenging the power of the state

to close its borders to citizens of other states; and

WHEREAS, He also led the ACLUNC in the defense of the civil liberties of

the Japanese in California during World War II, a fight which eventually resulted

in the U.S. Supreme Court decision releasing the Japanese from the relocation

camps; and

WHEREAS, In the years following World War II, he personally defended

scores of individuals victimized by governmental security programs; and

WHEREAS, Mr. Besig has been a tireless representative of individuals, particu-

larly of Oriental ancestry, and of members of the armed forces before the immigra-

tion and military agencies he has earned universal respect for his endeavors in behalf

of the Bill of Rights; and

WHEREAS, He is happily married to his wife, Velma, and they have a daugh-

ter, Ann; now, therefore, be it

RESOLVED BY THE SENATE RULES COMMITTEE, That the Members

hereby commend Ernest Besig upon his brilliant contributions to the cause of civil

liberties and extend to him their best wishes in all his future endeavors; and be it

further

RESOLVED, That a suitably prepared copy of this resolution be i ecmitted

to Ernest Besig.

/s/ James R. Mills, Chairman

/s/ George R. Moscone, Senator

10th District

Senate Rules Resolution No. 352 adopted June 24, 1971.

New Films Available on Chicago Conspiracy Trial

Two new films are now available as

tools in development or fund raising

work. Both are based on the 1969 Chi-

cago conspiracy trial, but take a substan-

tially difterent approach to solving the

courtroom camera ban.

"69 CR 180"

The National ACLU has purchased a

print of "69 CR 180," a full color, sound,

16 mm film about the "Chicago Seven"

trial. This one hour film is based upon a

series of excellent sketches made during

the convention week and the trial itself 0x00A7

by artist Frank McMahon. The sound

track, frequently utilizing the voices of

trial defendants and participants, catches

the drama of both the Chicago conven-

tion and the trial.

A number of ACLU people have seen

the film and highly commend it for use

as a development tool. They believe the

film will be most useful for chapter pro-

grams, especially on college campuses.

The only stipulation is that the film not

be used commercially (i.e. it may not be

booked into a movie theater). You are

free to charge an admission via dona-

tions, but the film will probably not rep-

resent a big fund raising tool.

The print will be available free of

charge to affiliates. Your only charge

will be shipping costs.

If you desire to use the film please

write: Lauren Selden, American Civil

Liberties Union, 156 Fifth Avenue, New

York, New York 10010, Attn: "69 CR

180." Please be sure to list alternate dates

you can use the film as this will facilitate

our scheduling.

"The Chicago Conspiracy Trial"

This film on the trial (16 mm black

and white, sound) is a B.B.C. production

of a play based solely on the transcript

of the trial. It lasts two and one-half

hours. A number of the National staff

screened the film and rate it highly. The

Michigan affiliate used it a a big benefit.

Although the profits were less than hoped

for, the film itself drew a very favorable

response. (It has been shown on Cana-

dian television, but at this date the dis-

tributors have been unable to. conclude

any deal with American stations. )

This film may only be rented; it may

not be used commercially. According to

Larry Selden it is more suitabl efor larger

fund-raising purposes than "69 CR 180,"

which should serve a different purpose.

He believes, "69 CR 180' is far more

useful as a pure development tool; its

greater visual attractiveness will be more

appealing to young audiences, especially

at colleges. Its length (one hour) will per-

Press Barred from

Santa Rita Jail

On Thursday, August 19, 1971, the

American Civil Liberties Union of

Northern California filed suit on be-

half of a newspaper, the LIVERMORE

INDEPENDENT, and one of its re-

porters, Bruce Henderson. Named as

defendants in the federal action are Ala-

meda County Sheriff Frank Madigan

and two of his deputies, in their capaci-

ties as custodians of the Alameda Coun-

ty jail at Santa Rita.

Henderson alleges that he has been

unable to write articles on conditions

at Santa Rita because a jail rule pro-

hibiting newspapermen from interview

ing inmates has thwarted his reportorial

investigation. Santa Rita inmates con-

tend that they are abused and ill-fed..

They claim that Santa Rita operates a

large livestock farm to provide meat for

inmates but that the cattle disappear in

mysterious vehicles for unknown desti-

nations and that the prisoners, conse-

quently, rarely have a decent meal. Hen-

derson has been unable to confirm or

disprove these stories because he cannot

talk directly to any inmates.

The ACLU contends that the rule pro-

hibiting Henderson from interviewing in-

mates violates the free press guarantees

of the Constitution and the public's right

to know how its institutions are being

run. ACLU's Paul Halvonik points out

that jails throughout California and the

rest of the United States permit news-

papermen to interview inmates and rea-

sons that "the interviewing of inmates

obviously poses no significant security

problem. Madigan simply would rather

we not bother discovering what's going

on at Santa Rita but that desire can

hardly override the First Amendment."

The suit asks the Federal Court to

order Madigan to desist from interfering

with newspaper access to prisoners.

mit easier program scheduling (i.e. after-

noon as well as evening, discussion after

the film). By charging modest donation

(50 cents - $2), affiliates and chapters can

also generate modest profits."

Rental price is $200 for a three-day

period. All arrangements on "The Chi-

cago Conspiracy Trial" must be made

through Time-Life Films. If interested

contact: :

Mr. Bill Finkleday

Time-Life Films

43 West 16th Street

New York, New York 10011

Telephone: 212-691-2930

City Jail Rules

Continued from Page 1-

the practice intensifies the physical iso-

lation of the cell and makes sleep dif-

ficult,

2) That arrestees needing medical at-

tention receive prompt and professional

medical diagnosis.

3) That rules concerning juveniles be

changed to better protect their identities

and provide for more prompt notifica-

tion of parents.

4) That present telephone policies

which discriminate against indigent ar-

testees be changed.

5) That padded cells be eliminated

since they are unnecessary, because they

are physically degrading.

6) That arrestees be allowed any

reading materials except those classed

legally obscene.