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ACLU — Part 3
Page 4
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. ate a ‘ rae Pret
‘SUPREME COURT REFUSES~REVIEY OF CALIFORNIA VAGRANCY Lat
The U.S. Supreme Court has refused to review a test case brought by ‘ACLU O:
‘test a California vagrancy law that defines a vagrant asa "dissolute person". - The -
high court's action was. based on a procedural point. a Ts .
The case involved Isidore Edelman, a Los Angeles political, economic,’ and,
religious orator in Pershing Square, who was arrested in September, 1949, on a com
om
plaint under the vagrancy statute. This statute imposes-a fine and/or
/or imprisomuent.
for an "idle. or lewd, or dissolute person", The jury returned a verdict of guilty.,
after having been charged by the judge to consider Edelman as "dissolute! if they’ -.
found him to be a lawless person on the basis of his having begged, or indulged in :
indecent conduct, or used slanderous, vulgar, and profane language, °: De eS
The ACLU Southern California affiliate argued before the Supreme Court that”:
‘the law is loose, uncertain, and vague, and therefore unconstitutional, But Mr,
Justice Clark, writing the 7-2 majority opinion, held thet this defense had not been
raised early enough, appearing for the first time on appeal, He contended that dis-
missal of the appeal by the California Supreme Court could have rested on adequate.”
state grounds, not involving the federal constitution. Justice Clark suggested,”
however, that a writ of habeas corpus might now be file
of the state law, - : :
to test the constitutionalit
‘ « on
Justices Black and Douglas dissented, contending that the refusal of the - =
Appellate Court of California to reviow was in itself a denial of due process of: law,
Pointing out that_the legislation was obviously unconstitutional, Justice Black.) “2! }
insisted that "courts should be astute to examine and strike down dragnet legislation
used to abridge public discussion’#4, pointing to the fact that the major reason:-for
Edelman's conviction was the content of speeches he had delivered in public. .
BOOK NOTES _ ea
Cornell University Press,
This is another contribution to the excellent series published under the title,
"The Cornell Studies in Civil Liberty", made possible through a grant of the Roc
feller Foundation, . : cas
THE HOUSE UN-AMERICAN ACTIVITIES COMMITTEE by Professor Robert K, Carr, 489 pages,
Prof, Carr traces the history of this controversial House committee since 4
became a permanent group in 1945, Examined against a general beckground of Congidesy)
and the campaign against subversion, the areas covered are the committec!s personnel
staff, publications, the press! treatment of its work, and court review of its ~*
activities. The book ends with an evaluation by Prof. Carr of the committee's re
e “
+e tak
eee zit BY STATUTE by Morroc Berger, with a foreward by Robert Maclver, 238
published by the Columbia University Press. - ee
pages
: A valuable contribution to the literature on the problem of discrimination as
' segrcgation. The author compares civil rights today and during the Reconstruction :
---- --Period and discusses the role of the Supreme Court in two_periods, 1868-1937 and’
1937-1950, in meeting this issue, Onc chapter is devoted to an analysis of the:
New York State Law against Discrimination; there is also a gencral discussion ‘o
~ control ef prejudice through law , yp BR ET tor
at.
@ . ee 5 week yp Oye - ~
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