vol. 37, no. 5

cf TBeaties

Volume XXXVII

San Francisco, June, 1972 (c)

No. 5

Bank Secrecy Act Called Illegal Search

By Charles Marson

Director, GORDON DAVIDSON, conferring with Producer, GREGORY PECK,

during the filming of THE TRIAL OF THE CATONSVILLE NINE.

Cannes' Film Festival Winner

To Be ACLU Foundation Benefit

On July 21 the ACLU Foundation of

Northern California will sponsor as a

benefit the San Francisco preview of the

winner of the 1972 Cannes' Film Festival

Peace Prize - ``The Trial of the

`Catonsville Nine.''

This is the story of the draft-record

napalming as a war protest by Father Dan

Berrigan and a group of priests, nuns and

friends, their trial and sentencing for up to -

32 years in prison. The film explains the

reasons for this act of conscience through

_ the trial testimony of the nine, ``We have

chosen to say, with the gift of our

freedom, that the violence stops here...

the death stops here. . . the suppression of

truth stops here. . .this war stops here.''

U.S. Supreme Court

Death Penalty

Appeal Denied

The U.S. Supreme Court rejected an

appeal by Attorney General Evelle J.

Younger of the February 18 decision by

the California Supreme Court that. the

death penalty is ``cruel or unusual

punishment'' prohibited by the state

constitution.

Executive Director Jay Miller explains,

`"We were certainly not surprised by this

decision, since the - California Court's

decision was based solely on the state

constitution not reviewable by the federal

courts. The appeal was frivolous from the

start, and a waste of taxpayers money. The

`Attorney General seemed to be acting out

of political and demagogic motives.''

The California Correctional Officers

Association is claiming 500,000

signatures as of June 1 on petitions to

place a constitutional amendment

restoring capital punishment on

November's ballot. Since many signatures

are ruled invalid, they are seeking an

additional 300,000 by their June 9

deadline, to insure the 520,806 needed.

Volunteers are needed throughout the

State to review these signatures in the

county clerk offices, hoping to eliminate

as many as possible. If interested, call

Dottie Ehrlich at 781-2597.

Some highly favorable reviews have

been heaped on this new film, Gregory

Peck's first effort as a producer,

-"`One of the most important films ever

made'' -Rex Reed

- "Rings with the eloquence of truth'' -

Judith Crist, NBC-TV

-"`One of the striking works of our

time'' -Leonard Harris, CBS-TV

The benefit is scheduled for the theatre

at the Palace of Fine Arts, at 8:30 p.m. on

July 21. The cost, is $5, tax deductible

since all proceeds go to the ACLU

Foundation. For ticket reservations

contact: Marielle Lipscomb, at 593

Market Street, Suite 227, San Francisco.

Election Code

Challenged

The ACLU Foundation of Northern

California filed suit' May 30 in U. S.

District Court, requesting that sections of

the California Elections Code be struck

down as unconstitutional which ``make it

virtually impossible for anyone to appear

on the ballot as an independent.''

The suit is taken on behalf of Marin

County attorney Thomas T. Storer. Storer .

is a former Marin County Supervisor and

in 1966 was the Democratic Party's

candidate for U. S. Congressman from his

district.

Decline to State

Storer became disaffected with the

Democratic Party and changed his

registration to ``decline to state'' the

first of this year. However, in doing this

Storer came head-up against California

Code Section No. 6830(d). This section

prohibits any person who has _ been

registered as affiliated with a political party

at any time after June 6, 1971 from

appearing as an independent on the ballot

for the general election in November of

1972

Storer also learned that even if he had

Continued on page four

ACLU-NC filed, on June 7, a major attack against the so-called Bank Secrecy Act of

1970 and the Regulations promulgated under the Act. The Act and its accompanying

regulations require banks to report certain categories of financial transactions directly to the

government, with no consultation with the customer, and to maintain expensive records of

financial transactions of its customers which are open to inspection.

The Act itself requires very little to be

done, but delegates unlimited authority to

the Secretary of the Treasury to prescribe

regulations concerning reporting and

record keeping. The Secretary has done

so, and the Regulations go into effect on

July 1. ACLU-NC's suit seeks to enjoin

the implementation of the Act and the

Regulations.

The suit is being handled by Henry

Ramsey, Jr., (pictured above)

Professor at Boalt Hall and co-

chairman of ACLU-NC's Legal

Committee, with the assistance of Neil

Horton, ACLU-NC's Board member,

and Deene Solomon of Horton's firm.`

In the view of ACLU-NC, these

regulations amount both to a seizure (c)

without probable cause (as to those

transactions already required to be

reported by the banks), and (as to those

records required to be kept), a general

search warrant which the Secretary of the

Treasury may fill out at his will. Unlike

the present procedure - where the IRS

(for example) must serve a summons on

the bank, which can notify the customer,

who can intervene to quash the summons

- this Act and its Regulations establish

procedures whereby, on pain of terrific .

penalties, the Secretary of the Treasury

may search through anybody's bank

account for any purpose he wants to, in

the total absence of any probable cause or

any intervention by any judicial authority.

ACLU-NC's suit is premised on: two

basic theories.

First, it is alleged that the Fourth

Amendment is violated because of the

seizures of the reported transactions

without probable cause and the searches of

_ the transactions for which records are kept

without probable cause.

Second, the First Amendment's right of

association is flagrantly violated since the

Secretary of the Treasury can perform an

easy end run around a long line of

Supreme Court decisions holding that the.

membership lists and lists of contributors

to political organizations such as the

NAACP or the ACLU are immune from

government scrutiny. Obviously, under

Continued on page two

Summary of Bank

Secrecy Act Rules

The records required to be kept by the

Bank Secrecy Act and the Regulations

based on it are basically these: 1) Banks

must keep records of the identification by

taxpayer or social security number of all

account holders and all those with.

signature power concerning any accounts;

2) They must keep records of each ex-

tension of credit over $5,000, including

its nature and purpose, except those

transactions secured by real property; 3)

They must keep records of every request

or instruction concerning the transfer of

more than $10,000 outside the United

States; 4) Most surprisingly, banks must

microfilm all checks and all money orders

drawn on all checking accounts, with

some exceptions for large corporations

such as payroll checks, employee

dividends, benefit, and pension checks; 5)

Banks must also photocopy each check

drawn on or issued by any foreign bank in

excess of $10,000; 6) In addition, banks

must keep for two years records required

for tracing any check through any demand

deposit account.

Banks must immediately report to the

federal government any foreign trans-

action of more than $5,000 accomplished

by the use of any monetary instrument,

which is defined to include among other

things currency, travelers checks, money

orders, securities, and probably unen-

dorsed personal checks as well. Banks

must report any currency transaction,

foreign or domestic, that exceeds

`$10,000.

A handy exception for good customers

is made in the Regulations, so that banks

are permitted to fail to file reports for

"established customers'' whom they may

reasonably conclude have transactions

that do not exceed their oo

conduct"'

The recrerent: for reporIn and

record keeping are by no means limited to

banks but affect all sorts of financial in-

stitutions, from banks and savings and

loans right down to pawnbrokers and

dealers in securities. Even individuals

must make certain reports and keep

certain records. For example, any person

with any interest in a foreign bank account

must keep for five years records to be

prescribed by the Internal Revenue

Service, and must report whatever the

Internal Revenue Service tells them to

Continued on page three

New ACLU Radio Show

Jay Miller kicked off ACLU's new

monthly half-hour radio show on

KPFA-FM 94 on June 2, interviewing

legal director Chuck Marson about our

suit on the Bank Secrecy Act. Miller

and a guest will appear once every four

weeks on Friday at 5:00 p.m. for

`COMMENTARY on current civil

liberties issues. The next show will be

June 30. Listeners are invited to phone-

in questions for Miller or his guest

quring the second half of the show.

Civil Liberties

Award to JACL

The Japanese American Citizens

League was honored June 4 at an annual

banquet of the ACLU-NC attended by

well over 250 people. The League was

presented the first Alexander Meiklejohn

Civil Liberties Award for their successful

fight for repeal of the Emergency

Detention Act (Title II of the Internal

Security Act of 1950, commonly known

as the McCarran Act).

Edison Uno

Accepting the award was Edison Uno,

Assistant Dean of Students at the

University of California Medical Center,

who was co-chairman with Ray Okamura

of the national committee that campaigned

for legislation to prohibit establishment of

emergency concentration camps. Uno just

received the 1972 Liberty Bell Award

from the San Francisco Bar Association

for "outstanding community service''.

He has served on the Mayor's Crime |

Commission for three years, and was the

first Japanese/American to serve on the

San Francisco Grand Jury, in 1970. He

has been active with JACL for 25 years

and was recently on ACLU-NC's board of

directors.

Dr. Meiklejohn

Dr. Alexander Meiklejohn, a world-

renowned educator, was a recipient of the

Presidential Medal of Freedom and one of

the nation's leading civil libertarians. He

was one of the 50 founders of the ACLU in

1920. He also helped found the Northern

California branch in 1934, and was active

in its activities until his death in 1964.

The Meiklejohn Civil Liberties Library in

Berkeley commemorates his dedication to

a citizenry educated on their liberties.

At the start of JACL's legislative

_ campaign against detention camps, in

1968, most ``experts'' gave them little

hope for success. But they put together

support from a variety of labor unions,

church groups and civic organizations.

When the final vote came in Congress, the

House of Representatives passed the

measure 356 to 49, and the Senate by

unanimous consent. The bill was signed

into law last seprember by President

Nixon.

Aryeh Neier

ACLU's national Executive Director

Aryeh Neier gave the main speech of the

evening, discussing ``A Shift in

Strategy''. Neier was a last minute

substitute for ACLU's incoming National

Legislative Director Charles Morgan Jr.

Morgan was delayed at a trial in Biloxi,

Miss., where he is defense counsel for the

integrated Democratic Party delegate slate

_ that is being challenged by the Mississippi

state Democratic establishment.

Executive Director Jay A. Miller

presented an annual report on the ACLU

activities of the past year. The ACLU's

banquet was held at the Kabuki Theatre

`Restaurant in San Francisco.

Ba n k Continued

the Bank Secrecy Act and its regulations,

the Secretary of the Treasury can by

himself or at the request of some group,

such as the FBI, scrutinize the bank

account of the United Committee to Free

Angela Davis, the ACLU, the John Birch

Society, the Pete McCloskey for Congress

Fund, or any other group he wants. It is

very easy to determine who belongs to

what group by means of looking at

membership checks and contributions.

ACLU-NC demands the convening of a

three-judge court and asks that the entire

Act and Regulations be enjoined and that

a declaratory judgment be issued declaring

the entire structure unconstitutional.

JUNE

Page aclu NEWS

Statements by News Groups at ACLU Canterenea:

(Complete Story on Page Four)

Statement of Larry Hatfield, Editor,

San Francisco Bay Area Journalism

Review

The editors and publishers of the San

Francisco Bay Area Journalism Review,

all of them working newsmen on Bay Area

newspapers and broadcast stations, join

the ACLU and fellow newsmen in -

protesting continuing police intimidation

of the working press. Recent incidents in

Berkeley and San Francisco provide the

latest examples in a long trend towards

newsmen becoming unwilling CEES

while on assignment.

Police assaults on newsmen and police

failure to honor working press credentials

serve only to prevent newsmen from

carrying out their Constitutional right and

duty to keep the public informed.

The Review invites the ACLU,

professional groups and individual

newsmen in the Bay Area to join in:

1, Requesting Sheriff Richard Hongisto,

as the legally recognized chief law en-

forcement officer of the County of San

Francisco, to conduct an impartial in-

vestigation of police harassment and

intimidation of the working press. Similar

requests will be made of sheriffs of other

Bay Area counties.

2. Calling on managements of the

various news outlets in the Bay Area to

discontinue the practice of using police

press passes, which we view to be a form

of implied license to cover the news.

Instead, we urge the formation of a

Standing Committee of Correspondents,

patterned on a similar committee of.

newsmen covering the U.S. Congress.

This committee of working newsmen -

would be responsible for determining

standards for accreditation, issuing of a

common Bay . Area press pass and

negotiating with police departments and

other governmental agencies . to insure

that the press passes are `honored.

It is past time for newsmen to RE `eee ae

and demand an end to these abuses of their

rights.

Statement of Fred D. Fletcher,

Executive Secretary, San Francisco-

Oakland Newspaper Guild.

If a man in a uniform entered your

home and snatched away your newspaper

saying, ``You can't read that,'' or

switched off your TV set saying, ``You

can't watch that,'' you would consider it

an outrageous violation of your con-

Stitutional rights, including your right to

know.

' But that is much like what happens

when a law enforcement officer assaults a

news reporter or photographer. or

television cameraman to prevent him from

doing his job - which is to act as the eyes

_ and ears of the general public which has a

right to know what happens on city

Streets.

Assaulted

As a union representing most

newspaper reporters and photographers in

the Bay Area, the Newspaper Guild

naturally protests when its members or

any other newsmen `are assaulted or

otherwise interefered with on the job, or

anywhere else. -

We therefore protest recent incidents in

which law enforcement officers have

assaulted, harrassed or otherwise in-

terfered with persons they knew were

news reporters or photographers, persons

who displayed official indentification as

mews reporters or photographers, and

persons who were doing nothing except

their jobs as mews reporters or

photographers.

General Public

`But we protest not only in behalf of

those-reporters and photographers. There

is more to it. And we believe the general

`public should protest,

Police show resentment to coverage of newsmen.

too, for selfish

reasons.

Because a newspaper reader, radio

listener or TV viewer should know that

_ he, too, is assaulted in such instances.

Violated

John Citizen's right to know is violated

whenever a reporter or photographer is

deliberately prevented from doing his job.

When such interference comes from a

law enforcement officer, the public should

protest to the elected officials who

represent them.

Right to know

We are pleased that the American Civil

Liberties Union, with which the

Newspaper Guild has long been affiliated

on both local and national levels, has

called this conference and once again

demonstrated its vigilance and concern,

not only as to the rights of newsmen as

individuals, but as to the people's right to

know.

Statement of President, San Francisco

Photographers views with apprehension

the harassment and intimidation of

members of the working press by some

members of local law enforcement

agencies.

We protest reported beatings and

harassment of working press who were

covering recent demonstrations in

response to President Nixon's escalation

of the Indo-China War; particularly

Friday, May 12, Union Sq., San Francisco

and Tuesday-Wednesday, May 9-10

Berkeley. 2

Free Press

The maintenance of a free and

unhampered press is the best assurance for

a free and open democratic society.

Photographers as well as local law en-

forcement officers are interested in the fair

administration of justice as bound by the

Constitution of this land.

The Freedom to See is the Freedom to

Know.

Statement of Ezra Stoller, President,

National American Society of

Magazine Photographers

On behalf of the membership of ASMP -

. the Society of Photographers in com-

munication I regret the conditions which

make this telegram necessary, namely the

harassment of a group of photographers in

Union Square San Francisco on Friday,

May 12.

A free press is a vital tool in the ad-

ministration of justice. It is a sorry state of

affairs when the very agents pledged to

enforce these basic rights lose sight of our

mutual goal that the truth is essential for

freedom of choice and for justice.

We support the San Francisco Chapter

of ASMP and appreciate the help being

offered by the American Civil Liberties

Union.

Sigma Delta Chi

The Bay Area Chapter of Sigma Delta

Chi, journalism society, joined other

newsmen and lawyer groups protesting

alleged beatings of local newsmen by

police during recent distrubances. Their.

chairman, Glenn Brown, released a

statement which said in _ part,

ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch 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_1983.batch 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_1999 ACLUN_1999.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 Authorities should instruct their officers

to observe and respect accredited

newsmen holding press cards in per-

Chapter, American Society of formance of their duties.''

e Magazine Photographers Oo hoe eee

The San Francisco, Chapter. of. pa T oa 1 ae

American Society of Magazine Letter to the Editor

Dear Editor,

I applaud Jay A.Miller's article, ""Time

to decriminalize `victimless' crimes''!

And I deeply hope you can obtain

foundation support for your, proposed

project to increase public awareness of

such a re-ordering of priorities as a large

step in dealing with real crime. _

I have long thought that our legislation

against and punishment for ``sin''

(victimless ``crimes'' as opposed to real

crimes against other people or their

property) has had the effect of eroding

individuals' sense of responsibility for

themselves. The State, in assuming a

parental jurisdiction over an individual's

private immoral or self-destructive acts,

has the same effect as a parent who - no

doubt through love does not let his child

accept responsibility for himself and for

mistakes he may make. The result is that

the child does not grow up. I see us as a

nation of rebellious children who play

dangerous games with the State as

Authority or Parent.

`Decriminalizing sin would be a step in

the direction of growth toward maturity

fe Il.

ae Charles G. Higgins

Davis

aclu NEWS

9 issues a year, monthly except bi-monthly in March - April, July - August,

and November-December

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

Howard Jewel, Chairman of the Board

William Kane, Editor and Public Information Director

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

Membership $10 and up of which $2.50 is the annual subscription fee for aclu News.

Jay Miller, Executive Director

Marin Sun' Printing

Goodbye Paul....

After four years as Legal Director for the ACLU of Northern

California, Paul Halvonik has left to go into private practice.

Halvonik has become a partner in the San Francisco law firm of

Friedman, Sloan and Halvonik.

Replacing Halvonik is Charles Marson, formerly nee counsel and

legislative representative for ACLU-NC.

Paul Halvonik

Halvonik joined ACLU-NC as assistant staff counsel in 1966,

following two years with the California Department of Justice as a

Deputy Attorney General in criminal law and a civil rights. division -

attorney. He was in private. practice in Carmel prior to this,

following his graduation from Boalt Hall Law School in 1963. _

While at ACLU Halvonik has been involved in litigation that has:

1) Invalidated as unconstitutional the death penalty in California;

2) Invalidated as unconstitutional the state loyalty oath;

3) Invalidated as unconstitutional California's one-year residency

requirement for voting;

4) Invalidated as unconstitutional wiretapping by California

police ;

5) Invalidated as unconstitutional California's former abortion

law;

Other litigatve effort has: 0x00B0

1) Established the right to distribute anti-war literature on

campuses ;

2) Established the right of all persons to service in California

businesses ;

3) Guaranteed the right of prisoners to receive, read and publish

written material;

4) Imposed the constitutional prohibition of double-jeopardy on

juvenile court proceedings.

Additionally, it was because of Halvonik's intervention that the

San Francisco police abandoned the practice of arresting the City's

street musicians for ` `begging.' ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch 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_1983.batch 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_1999 ACLUN_1999.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 With the end of systematic arrests,

the unmolested musicians have become an established part of San

Francisco's cultural life.

Halvonik continues a relationship with ACLU-NC, serving as

General Counsel. He will also be handling for the National ACLU a

two-year investigation into use of grand juries to crack down on

political dissenters, rather than as the traditional safeguard of in-

dividual rights for which it was originally designed.

Congrats Chuck

Marson

Charles Marson joined ACLU in 1968 following an association

with the San Francisco law firm of Cooley, Crowley, Gaither,

Godward, Castro and Huddelson. He is a graduate of the University of

Chicago Law School, where he was Comment Editor of the Law

Review and research assistant to the Director of the Center for

Studies in Criminal Justice. As an undergraduate at the University

of Southern California, Marson was captain of the Varsity Debate

Team. He received a B.A. degree in English in 1964.

As ACLU-NC's legislative representative Marson has worked in

Sacramento with the lobbyist for the ACLU of Southern California

to successfully :

1) Oppose the yearly attempts of law enforcement to institute

legalized wiretapping and eavesdropping by California police - a_

proposed statute described each year by law enforcement as its

number one priority;

2) Oppose the reinstitution of all loyalty oaths except one for.

teachers, which was later struck down;

3) Resist attempt to reduce the size of criminal juries and

eliminate the requirement that a criminal jury verdict be

unanimous.

As staff counsel Marson has been particularly active in the field of

education, where he has:

1) Won in the District Court and the United States Supreme

Court a suit invalidating a statewide loyalty oath for teachers; and

2) Obtained more than 40 teaching credentials for teachers

arrested for a large variety of crimes concerning civil disobedience,

drugs and similar offenses.

Both Marson and Halvonik are Berkeley residents. Halvonik is

33, married, and father of two children. Marson is 29 and single.

Charles Marcon :

problems

his life.

Su m mary Continued

report with regard to those accounts.

If this were not bad enough, there are

several special provisions in the Act and

Regulations which make the whole

scheme a great deal worse. First, the Act

itself expressly says that any information

gathered by the Secretary of the Treasury

shall be made available to any other

department or agency of the federal

government on the request of the head of

the agency. Presumably, then, the FBI

could simply send a letter to the Secretary

of the Treasury asking for financial in-

formation.

Second, and perhaps most outrageous,

there is a regulation buried deep in the

back of the full set of Regulations which

permits the Secretary in his sole discretion

by ``written order or authorization''

which amounts to no more than a letter on

his letterhead with his signature, to

impose whatever additional record keeping

of reporting requirements he wants to

`impose. By regulation these extra record

`keeping and reporting requirements may

apply to particular persons or particular

classes of persons, and may apply to

particular transactions or classes of

transactions. That exception makes most

of the rest of the Act and Regulations

fairly meaningless, because it means that _

the Secretary may alter them at will

simply by writing a letter.

The Act and the Regulations contain

very big teeth for their enforcement. The

Secretary is empowered (but not required)

to impose fines of $1000 per violation per

day of violation, and to seek criminal

penalties that not only impose a similar

$1000 fine per day of violation but can

include up to a year in jail for bank per-

sonnel who refuse to comply with the

Secretary's orders.

Hello Joe!

On June 1, Joseph Remcho joined

ACLU-NC as staff counsel /legislative

representative, replacing Chuck Marson.

Remcho has been serving as co-director of

the Lawyers Military Defense Com-

mittee's Washington D.C. office, a project

of the ACLU Foundation.

Joseph Remcho

LMDC is a non-profit organization

which provides civilian defense counsel

free of charge to servicemen. Remcho

served in their Saigon office for a year

prior to coming to Washington D.C.

Yale/Harvard

Remcho graduated from Yale, cum

laude, in 1966 from the Department of

American Studies. He received a law

degree from Harvard in 1969. While at

Harvard he co-founded the Committee for

Legal Research on the Draft to provide

research and library services to attorneys

working on Selective Service and military

law.

Following graduation from Harvard

Remcho taught second grade at a black

parent-run grade school and participated

in developing a community law firm in

Cambridge, Mass., specializing in

criminal law, military law and community

(tenants unions, non-profit

associations).

Remcho was selected following review

of 130 candidates from throughout the

US.

US. Supreme Court

CO Wins Right to

Trial in Home Area

`The Supreme Court, in a 5-to-4

decision, held May 23 that the US.

District Court in California has

jurisdiction over an Army Reserve of-

ficer's fight to leave the service as a

conscientious objector.

This was the outcome desired by

volunteer attorney John T. Hansen, of

San Francisco, who argued the case before

the Supreme Court in March for ACLU

_and ACLU-NC, on behalf of John A.

Strait.

Strait had lived in San Francisco all

He was in an inactive reserve

status while he attended law school and

studied for the California Bar Exam.

As he was about to go on active duty,

Strait applied for and received a recom-

mendation for discharge as a conscientious

objector from authorities at Ft. Ord.

The recommendation was reversed

during review at the Reserve Officer

Components Personnel Center at Ft.

_ Benjamin Harrison in Indiana.

Strait went to court in California where

a USS. district judge, Robert F. Peckham,

accepted jurisdiction, but rejected Strait's

plea on its merits.

He appealed that decision to the Ninth

Circuit Court of Appeals, in San Fran-

cisco.

The appeals court confirmed

Continued on page four

JUNE -

aclu NEWS P age 3

News from the Chapters

Fresno

Developer Called

"Menacing"'

The Chapter is celebrating an important

legal decision which restores Dr. Heyward

Moore Jr. to his seat on the County

Planning Commission. Superior Court

Judge Matt Goldstein has ruled that.

Moore was removed from the Commission

last September because of critical remarks

he had made about the supervisors' ac-

tions in planning and zoning matters,

particularly a statement that a majority of

the supervisors were controlled by land

developer John Bonadelle.

The judge dismissed a board attack on

Moore's attendance and voting records by

four of the five supervisors as an ``at-

tempted rationalization'' of their action.

Menacing

Judge Goldstein, in a detailed 70-page

66

decision, also described Bonadelle as ``a

powerful and menacing influence'' in

exploiting "`virgin lands'', and called for ~

the supervisors to reassess their foothill

subdivision policies, which he indicated

need improvements to benefit the public.

Voices stilled

The decision states, ``If those public

employees, who courageously and in good

faith call to the attention of the public

what they honestly and sincerely believe

to be evil, unsound and detrimental

management of public business by elected

officials, must pay the heavy penalty of

loss of employment as the price of their

candor, then the voices of those best

qualified to speak will be stilled and

silenced.''

ACLU Amicus

The judge relied heavily in his decision on

~ ACLU volunteer Donald Glasrud's

amicus brief.

Mt. Diablo

Prisoner's Rights

Committee

This Chapter has formed a Prisoner's

Rights Committee which has begun study

of jail conditions in Contra Costa County.

Early in May ten members visited both the

men's and women's sections of the county

jail to examine the present facility con-

cerning reports of overcrowding. Later in

the month the Sheriff's Department

presented the plans for a new jail facility to

the group.

The Committee is also exploring the

questions of due process, free speech and

right to counsel. Anyone in the area

interested in the work of the Committee

contact Rose Bonhag at 283-3820.

Sacramento

Developer Sues

Environmentalists

For ACLUN_1980 Million

The Chapter has announced that it will

intervene as a ``friend of the court'' for

the five defendants in an $80-million

lawsuit filed by McKeon Construction

Company.

The suit is filed against individuals who

have spoken out publicly about the en-

vironmental damage that would be caused

by a planned development by George

JUNE

aclu NEWS

Page 4

McKeon in an area South of Sacramento

called Stone Lakes Basin. McKeon alleges

that the individuals conspired to deprive

him of lawful use of his land.

One of the defendants, Bruce McNitt,

says, ``as far as I know all I did is write an

article in the Hornet (Sacramento State

College newspaper) and I spoke at a public

hearing (before the County Planning

Commission).'* "

Dangerous

Chapter President Peter Douglas

describes the suit as `"`dangerous, if

allowed to continue.'' He says that it is a

threat to freedom of speech, assembly,

association, of the press and to the right to

petition the government.

Among the other defendants in the suit

are two Sierra Club officials and the

_Chairman of the Life Science Division at

American River College.

McKeon is filing another $80-million

claim against members of the county

planning department on the same matter.

Santa Clara

New Committee on

Women's Rights

The Santa Clara Valley Chapter has

formed a Committee on Women's Rights,

chaired by Dr. Carol N. Jacklin of

Saratoga.

At the committee's first meeting on

May 17 members present had a discussion

of the sorts of issues coming under the

committee's purview, and the kinds of

action available to support them. The

committee plans to deal with: the dif-

ficulty of divorced women in obtaining

credit and insurance; the prohibition

against a wife selling or transferring stocks

without the husband's signature, even

stocks held independently by her before

her marriage; hiring and promotion

policies directly or indirectly

discriminatory against women (such as job

application forms including questions on

marital status and children); and school

policies forming early concepts of sex-role

limitations (playground rules, job

counseling). :

Speakers Bureau

Two initial projects were set up by the

committee. A speakers bureau is being

started to make available speakers on

women's rights and women's roles to

colleges and secondary schools in the area.

Interested persons can call Sue Anawalt in

Monte Sereno, 356-4639. And a

questionnaire is being composed for

distribution to personnel administrations

of colleges, schools, and businesses in the

area to get feedback on hiring and

promotion practices.

The committee's next meeting is June

- 12, at Carol Jacklin's house. Her phone

"number is 867-1945. The committee

welcomes inquiries, referrals of pertinent

cases, and support.

Santa Cruz

Chas. Garry Talks

Charles Garry, legal advisor for the

Black Panther organization, spoke at a

public lecture sponsored by the Santa Cruz.

Chapter on May 5.

Yolo

New Council

A membership organizing meeting was

held on Sunday, May 7, to form an ACLU

Council in this area. Some 60 people were

in attendance. A temporary board was

formed, with Davis Unitarian minister

Charles Slap as its Chairman.

Police Violence

on Press Protested

ACLU-NC, in cooperation with four

leading newmen groups, called a news

conference on May 18 to call public at-

tention to the violence reportedly being

used by Bay Area police against newsmen

at anti-war demdnstrations the previous

week in Berkeley and San Francisco. News

groups represented were Newspaper

Guild, Sigma Delta Chi, American

Society of Magazine Photographers and

Journalism Review.

ACLU-NC General Counsel Paul

Halvonik spoke for the ACLU, ``The

beating of newsmen by police, who don't

want published what the reporter is seeing

and photographing, is not only a threat to

the personal safety of the press, but also a

serious violation of the public's right to

know what is going on, a right guaranteed

by the First Amendment to the US.

Constitution.'' Halvonik stated that

unless city officials conduct some

reasonable investigation into the matter,

legal action-may be required.

Half a dozen `"`victims'' were in at-

tendance at the meeting and told their

stories. Representatives of four newsmen

organizations were also present and the

complete text of their statements are on

Page 2 of this aclu NEWS.

Cast

One of the more dramatic cases was that

of James Campbell (pictured above),

photographer for The Humanist, who was

covering the May 12 anti-war rally in

front of the St. Francis Hotel. After

issuing an order to disperse, the police

stampeded a group of newsmen including

Campbell. He reports, ``They all got

away, but I couldn't run fast enough - I

had a cast on one leg.''

Campbell reports that he was clubbed to -

the ground, suffered a broken nose and

Photographer James Campbell tells at

a recent ACLU news conference how

his coverage of an anti-war demon-

stration at Union Square lead to a

broken nose. He is sitting in front of a

picture of himself taken the day of the

demonstration following the beating.

many bruises. Several of the other

photographers with Campbell got pictures

PHOTO: ROGER LUBIN

of the event, both still shots and TV |

footage, and each of them said they got

clubbed for their effort.

o

Election consinued

been re-registered in time to meet this

qualification, his intention to vote on non-

partisan matters in next Tuesday's

primary election, such as_ the

propositions, would cost him his in-

dependent

6830(c) prohibits anyone from appearing

on the ballot as independent who has voted

``at the immediately preceding primary

election at which a candidate was

nominated for the office mentioned in the

nomination paper."'

Violation

ACLU-NC General Counsel Paul

Halvonik points out that such denial of a

place on the ballot is a violation of both the (c)

First and the Fourteenth Amendments to

the U. S. Constitution. "`A citizen's right

to express freely his views and effectively

participate in the political process is a

guarantee of the First Amendment. And

the Fourteenth Amendment provides beth

right to due process of law, which the

election code sections arbitrarily and

capriciously violate, and the right to equal

protection of law, which these code

sections violate by their invidious

discrimination against independent

candidates.''

The ACLU brief explains that there are

three other code sections - No. 6833,

No. 6864 and No. 6831 - which

combined have. prevented an in-

dependent from appearing on the general

election since they have been adopted.

These sections state that an independent

candidate's name may not appear on the

ballot unless he acquires the signatures of

not less than 5 percent, nor more than 6

percent, of the number voting in his

district in the last general election. The

candidate is given only 24 days in which to

collect these signatures, and the signers

must all be people who did not vote in the

preceding primary. :

status. Code Section No.

Halyonik points out, ``In Storer's case; -

that means he must locate next August at _

least 9,322 people, but not more than

11,187, who did not participate in next

Tuesday's primary election, a. ballot

loaded with important candidate -and

proposition choices. The. Court must

strike down this kind of artificial barrier to

the ballot which robs a citizen of his

fundamental liberty to run for office.''

CO Ca

jurisdiction but reversed Judge Peckham

on the merits and granted Strait a writ of

habeas corpus.

Last term, however, the Supreme Court

held in another case that a district court in

Arizona did not have jurisdiction in a

similar application for a writ of habeas

corpus by a serviceman because his

commanding officer was in Georgia. This

decision came down while a petition for

rehearing by the government was pending

in the Strait case.

The appeals court, reading this

decision, reversed itself and dismissed

Strait's case. It was this decision which the

Supreme Court has now reversed.

The majority opinion, written by

Justice William O. Douglas, held that

California was properly the place for Strait

to make his court fight. ``It was in

California where he had his only

meaningful contact with the Army, and

his superiors there recommended his

discharge as a conscientious objector."'

Attorney Hansen points out that this

decision was a necessary one to bring true

access to the courts for appeal of ad-

ministrative decisions to men in the

military. He explains that since govern-

ment attorneys are available anywhere in

. the country, the area of the trial is

relatively unimportant for them.

However, for a man in the service, it is a

`real hardship to be forced into courts half-

way across the country.